Poway Municipal Code Art. II Collection, Storage, Processing, Disposal

A. Franchisee shall collect and deliver to the appropriate solid waste facility, not less frequently than once per week, all solid waste, recyclables, yard waste, and other compostables generated at single- and multi-unit residential premises within the City and placed for collection. Rates (fee) shall be established for weekly curbside collection of at least two variable sizes of solid waste carts for automated collection service. Customers shall place all solid waste within the franchisee-provided waste cart, which shall remain the property of the franchisee.

B. Service to residential customers shall also include an annual community clean-up event for nonhazardous bulky items. The date(s) for the community clean-up event shall be determined and announced by the City Council.

C. Recyclable materials shall be placed by residents in a separate collection cart(s) provided by the franchisee for automated collection service, which shall remain the property of the franchisee. The cart shall be placed at the curb, except as otherwise specified in the franchise agreement or this chapter. It is declared to be unlawful and a misdemeanor for the occupant to fail or neglect to reasonably and routinely separate recyclables as required herein. Occupants of residential premises shall be required to bundle and tie all wood waste in lengths not to exceed four feet with a diameter of three feet. Franchisee shall also include the collection and recycling, at no additional charge, of telephone books and Christmas trees. The City may, at its discretion, add other materials to be recycled at any time during the term of the franchise agreement.

(Ord. 496 § 2, 1998; Ord. 592 § 2, 2004)

Franchisee shall provide weekly pickup of solid waste, recyclables, yard waste and other compostables at central locations on the complex premises from standard bins for multifamily residential premises where bills for service are sent to a complex owner, central manager, or association. Additional pickups (unscheduled) shall be made available as requested by the complex management. Multifamily residents shall be provided one container to place within their unit for commingled recyclables. Multifamily residents shall further sort recyclables into centrally located containers. The City may, at its discretion, add other materials to be recycled during the term of the franchise agreement.

Where multifamily, centrally billed customers find it convenient to their residents and acceptable to the franchisee, curbside collection of general refuse and recyclables can be provided similar to the service provided to single-family residential premises. Rates (fees) may be adjusted to accommodate the offset in administrative expense not borne by the franchisee under this centrally billed arrangement.

(Ord. 448 § 2, 1995)

A. Franchisee shall provide special on-call collection and disposal service of bulky items, and special roll-out “scout” services for those residents requesting such services at such rates as may be established and approved in the franchise agreement.

B. Special bin service and special container service shall be made available to all customers on the same basis as that provided to commercial customers under PMC § 8.68.160.

C. During the term of the franchise agreement, when such is declared by the City Council to be part of an annual clean-up campaign, the franchisee shall coordinate an annual clean-up event for the disposal of bulky items such as, but not limited to, the following: furniture – chairs, sofas, mattresses, rugs, etc.; appliances – washers, dryers, water heaters, plumbing fixtures, refrigerators, TV’s, small household appliances, etc.; residential wood waste – tree branches, scrap wood, etc.; and scrap metal. Franchisee’s obligations and the determination of materials to be collected or specifically excluded from collection shall be delineated in the franchise agreement. This annual clean-up event will be conducted at no cost to the customer (except that a surcharge may be applied to the disposal of refrigerators or other appliances containing freon or similar contaminants, or monitors containing lead or other contaminants requiring special handling). Those residents exempted from using the mandatory franchise service, as described in PMC § 8.68.030(B), are not eligible to participate in the “free” clean-up event nor are residents from outside the City.

(Ord. 448 § 2, 1995; Ord. 592 § 2, 2004)

Unless the City Council determines and directs otherwise, the franchisee shall not allow the collection of any solid waste, recyclables, yard waste or other compostables to be made except between the hours of 7:00 a.m. and 6:00 p.m. within or near residential areas, and only Monday through Friday. Collection may be made on Saturday if a holiday occurs within the preceding week or if inclement weather precludes collection on a weekday. There shall be no pickup on Sundays.

(Ord. 448 § 2, 1995)

Franchisee shall provide residential customers appropriate containers for automated collection of solid waste, recyclables, and yard waste or other compostables. At least two variable container sizes shall be made available to residential customers for the storage and collection of solid waste. No other type of container may be utilized for collection at residential premises designated to receive curbside service by the City’s exclusive franchise agreement.

If solid waste placed for curbside residential collection is not collected, the person who placed the solid waste materials is entitled to receive a bilingual, English/Spanish red tag explaining the franchisee’s inability to collect and dispose of the materials, whether due to unauthorized container, improper placement of the container, contamination by nonrecyclable materials, or other reason.

(Ord. 496 § 2, 1998; Ord. 592 § 2, 2004; Ord. 844 § 3, 2020)

Occupants and owners of residential premises shall set out or place containers for the collection of solid waste, recyclables, yard waste or other compostables as follows:

A. Proper Placement of Containers. Any container or receptacle for the purpose of storage and removal of solid waste, recyclables, yard waste and other compostables shall be placed at the curb in front of the owned or occupied premises, there to be collected by the franchisee; provided, that the franchisee may designate some other location for the placement of containers and receptacles when such placement will expedite collection.

B. Improper Placement of Containers. No residential owner or occupant shall place, or permit to be placed, any solid waste, recyclables, yard waste, or other compostables containers in any public highway or in any place or in any manner other than provided in subsection A of this section. Any containers and materials not properly placed for collection shall be tagged by the franchisee with a Spanish/English red tag explaining the reason for noncollection.

C. Timing of Placement and Removal of Containers. Residential owners or occupants shall not place containers for solid waste, recyclables, yard waste or other compostables for collection at any time other than the days established by the franchisee, and then, no earlier than sunset of the day preceding the day designated for collection. All containers for solid waste, recyclables, yard waste and other compostables shall be removed from the place of collection prior to midnight of the day the containers have been emptied. Residents shall be mindful (and the franchisee shall make periodic announcements to confirm) that services are not provided on certain recognized holidays and that service normally scheduled for that holiday will be provided the following normal working day.

D. Repair and Replacement. Each owner or occupant of residential premises shall provide reasonable supervision over the containers for yard waste and other compostables on the premises and shall maintain the same in a sanitary condition. Franchisee shall retain ownership of automated containers provided to residents for the purpose of storing solid waste, recyclables, yard waste or other compostables. Franchisee shall replace and/or repair damaged automated containers during the term of the franchise agreement. If the containers or receptacles should not be emptied and the contents removed on the date and time scheduled by the franchisee, occupant shall immediately notify the franchisee and it shall be the duty of the franchisee to forthwith arrange for the collection and disposal of the solid waste, yard waste, and other compostables, and/or collection of recyclables. However, should the owner or occupant fail to place the materials at the designated location in time for regular collection, the franchisee is not obligated to make a special, separate collection for the convenience of the occupant and may require payment of an additional fee for such late collection.

(Ord. 448 § 2, 1995; Ord. 592 § 2, 2004; Ord. 844 § 4, 2020)

Franchisee shall collect and dispose of all solid waste, recyclables, yard waste and other compostables generated and presented for collection at each commercial premises in conformity with the provisions of this chapter, except as otherwise provided in this chapter. Any such collection and disposal shall be in accordance with all applicable Federal, State, and local laws and regulations and any controlling permit or franchise agreement between the franchisee and the City.

(Ord. 448 § 2, 1995)

Franchisee shall collect and deliver to the appropriate solid waste management facility all solid waste, recyclables, yard waste, and other compostables generated by customers at commercial premises within the City who have contracted for services and delivered their materials to a bin or otherwise properly placed for collection; service shall be provided not less than once per week.

Franchisee may subcontract with commercial firms (subcontractors) to collect and dispose of waste materials which franchisee is not licensed to remove and which present specialized problems. Such collections shall be performed with suitably licensed collection/disposal firms in accordance with PMC § 8.68.350.

Service to commercial customers shall include providing suitable bins for the collection and disposal of general refuse according to a frequency as individually contracted by the customer. This service shall also include collection and recycling of compostables, green waste, aluminum, newspaper, glass, plastic, metal cans, cardboard, mixed paper, and office ledger paper. The City may, at its discretion, add other materials to be recycled during the term of the franchise agreement. The franchisee shall provide consultative services, at no additional charge, to commercial, industrial and multifamily (central collection bins) customers to assist in setting up effective recycling and waste minimization programs.

(Ord. 448 § 2, 1995; Ord. 844 § 5, 2020)

A. Special Bin Service. Three cubic yard bins and roll-off containers shall be made available to customers on a rental basis for one-time, short-term requirements.

B. Special Container Service. Bins and containers shall be offered to customers on special or regular service with locking lid set-up.

(Ord. 448 § 2, 1995)

Collection at commercial premises shall be permitted beginning at 6:00 a.m. provided that there are no complaints from residents about the early morning noise disruption. Commercial collections may continue until 6:00 p.m. and shall be allowed Monday through Saturday.

(Ord. 448 § 2, 1995)

Franchisee shall provide containers, bins, and debris boxes for storage of solid waste which shall be designed and constructed to be watertight and prevent the leakage of liquids. All containers with a capacity of one cubic yard or more shall meet applicable Federal regulations on solid waste bin safety. All containers shall be painted the franchisee’s standard color and shall prominently display the name and telephone number of the franchisee in letters and numbers no less than two and one-half inches high. Similarly, the words “Serving the City of Poway” shall be displayed beneath the franchisee’s name. Franchisee shall not place the City’s logo on its containers. To attain certain economies, some customers may request specialized services such as compactors, roll-off, or custom-built containers, etc. The sale, lease, rental of such equipment, or their provision by the customer, may be negotiated by the latter and the franchisee. Information relating to any such agreements shall be forwarded to the Director of Public Works.

A. Cleaning, Painting, Maintenance. Once every 12 months franchisee shall replace, clean or repaint all commercial containers as needed so as to present a clean appearance. In addition, franchisee shall do the same upon 48 hours’ oral notice by the Director of Public Works. Franchisee shall maintain all containers in a functional condition and shall remove graffiti immediately.

B. Repair and Replacement. Franchisee shall repair or replace all customer-owned nonresidential containers damaged by collection operations, normal wear and tear excluded.

(Ord. 448 § 2, 1995; Ord. 659 §§ 6, 7, 2007; Ord. 844 § 6, 2020)

Every commercial occupant shall provide a solid waste container location on the commercial premises and shall keep said area in good repair, clean and free of refuse outside of the container. Container enclosures shall be provided when required by the City’s zoning ordinance and shall be of sufficient size to accommodate recycling as well as solid waste bins. Franchisee shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the franchisee’s emptying of the container or other activities of the franchisee. Upon collection of solid waste by the franchisee, all containers shall be replaced, upright, where found, with the lids closed. Containers shall be properly returned to enclosures where applicable. No person shall in any manner, break, damage, roughly handle or destroy containers placed on the premises of a commercial occupant.

(Ord. 448 § 2, 1995)

At no cost to the City, franchisee shall collect and dispose of all solid waste, recyclables, yard waste, and compostables generated at premises owned and/or operated by the City, including all City parks and bus stops, or as otherwise designated by the City. Franchisee shall make collections from cans Monday through Friday or on Saturdays following nonworking holidays at the frequency set out in the franchise agreement. The City may request bins, pickup and disposal or diversion for up to six community events per year sponsored at least in part by the City. In addition, franchisee shall pick up any bulky items discarded on or along City right-of-way, open space or other City property within 24 hours of oral request from the City requesting such service. The City will exhaust all other avenues so as to limit such requests, but estimates that such items amount to no more than 15 40-cubic-yard containers annually.

(Ord. 448 § 2, 1995)

Franchisee shall be obligated to provide the lawful collection, transportation and disposal of solid waste from within the City to a permitted disposal site, consistent with the policies, goals, procedures and requirements of the Regional Solid Waste Authority JPA (the “Authority”), of which City is a member, and which controls the flow of all solid waste in the City. Solid waste collected to prevent its entry into the stormwater conveyance system shall be disposed of in a manner consistent with applicable laws, permits and regulations. However, City reserves the right, upon a determination that the public interest requires a collection, transportation or disposal program different from what franchisee has established, to direct franchisee to change its collection, transportation or disposal program, including but not limited to the location of the disposal site. City shall select the most cost-effective facility, including tipping fees, operating and hauling costs, consistent with fulfilling all of franchisee’s other obligations under the franchise agreement.

(Ord. 496 § 2, 1998; Ord. 659 § 8, 2007)

A. Minimization of Spills. Franchisee shall use due care to prevent solid waste, recyclables, yard waste, and other compostables from being spilled or scattered during the collection or transportation process. If any solid waste, recyclables, yard waste, and other compostables are spilled during collection, the franchisee shall promptly clean up all spilled materials.

B. Clean-Up. During the collection transportation process, the franchisee shall clean up litter in the immediate vicinity of any solid waste, recyclables, yard waste, and other compostables storage area (including the areas where collection bins and debris boxes are delivered for collection) where the materials have been spilled or deposited on the ground as a result of the franchisee’s emptying of the container or other activities of the franchisee. The franchisee shall discuss instances of repeated spillage not caused by it directly with the customer responsible and will report such instances to the City. The City shall attempt to rectify such situations with the customer if franchisee has already attempted to do so without success.

C. Covering of Loads. Franchisee shall cover all open transportation equipment, including debris boxes and compactor openings, during transport from one collection region of the City to another (over major arterials), to the disposal site or any processing facility. No material shall be transported to the disposal site or any processing facility in vehicle hoppers.

(Ord. 448 § 2, 1995)

Subject to the requirements of PMC § 8.68.185, franchisee, prior to disposal, may direct any or all portions of the waste collected under the franchise agreement to a landfill, material recovery, composting, transformation or any other permitted solid waste processing facility, for processing of any materials contained therein.

Franchisee shall meet the following requirements and standards as a condition of approval of an agreement, contract, or other authorization to collect organic waste:

A. Through written notice to the City annually on or before January 1st, identify the facilities to which they will transport organic waste including the facilities for source separated recyclable materials and organic waste.

B. Transport source separated recyclable materials and organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

C. Obtain approval from the City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition debris in a manner that complies with this chapter.

The City reserves the right to designate such a facility or may disapprove franchisee’s choice. Franchisee shall identify loads suitable for processing at material recovery, composting, transformation or any other solid waste processing facilities, and modify routes or storage and collection procedures, as directed by the Director of Public Works, to increase the quality or recoverability of materials generated by customers.

(Ord. 448 § 2, 1995; Ord. 659 § 9, 2007; Ord. 849 § 6, 2021)