Redlands Municipal Code Ch. 13.64 Integrated Solid Waste Management

A. Pursuant to Public Resources Code sections 40000-49620 et seq. (the "state law") the city is mandated to conduct an integrated solid waste management program to reduce, reuse and recycle solid waste to extend the life of its sanitary landfill, and implement mandatory residential and commercial recycling of comingled recyclables and organic waste with the purpose of reducing greenhouse gas emissions by diverting residential and commercial solid waste to recycling facility. The purpose of this chapter is to establish procedures for the regular collection, transfer, processing and disposal of solid waste from property in the city. To protect the health, safety and welfare of owners and occupants of property in the city, all persons shall participate in the city's solid waste collection program and be responsible for the payment of the solid waste and recycling charges established pursuant to this chapter.

B. Solid waste services may be furnished by city personnel, independent contractors authorized or franchised by the city, or a combination thereof. For the purpose of regulating the collection of solid waste, including green waste and recyclable materials, the rules and regulations of this chapter shall be observed by all persons owning or occupying property within the city. (Ord. 2929 § 1, 2021: Ord. 2382 § 1, 1998)

For the purpose of this chapter, the following words shall have the meanings respectively ascribed to them. Words not ascribed a meaning shall have the meaning ascribed by state law.

A. The collection of all solid waste, including green waste and recyclable materials, within the city shall be performed by the city or under the direction of the city. For such purposes, the city may use city personnel, an authorized collector, or any combination thereof.

B. It is unlawful for any person to collect or transport solid waste, including green waste and recyclable materials, except for a customer transporting solid waste to a sanitary landfill, or green waste to a compost facility or sanitary landfill, or recyclable materials to a recycling facility, unless such person is a "collector" as defined in this chapter. (Ord. 2382 § 1, 1998)

Rates and charges, which include processing fees and service charges for all solid waste services, may be established from time to time by the city. (Ord. 2382 § 1, 1998)

A. Solid waste charges, including green waste and recyclable materials charges established by the city shall be a civil debt owing to the city by all customers for property receiving solid waste collection services.

B. A prepayment deposit may be collected by the city for all "solid waste only" accounts for which solid waste charges are billed separately from other utility accounts when a customer fails to pay the collection charge when due, provided that the deposit shall not constitute liquidated damages and the customers shall remain liable to the city for any unpaid charges. For geographical areas annexed to the city and previously served by solid waste collectors other than the city, the city may consider the past payment records of such "solid waste only" accounts when determining, in its discretion, whether to require a prepayment deposit.

C. The city may notice a property owner that an application for utility account has been received by the city from a person requesting utility services in a name other than the owner of the property to be serviced, and that in the event of nonpayment of any portion of the municipal services statement, any charges for service shall be deemed the responsibility of the property owner and may result in a lien against the property. (Ord. 2431 § 1, 2000: Ord. 2382 § 1, 1998)

A. Solid waste charges may be included in the city's municipal services statement. Failure to pay any part of the municipal services statement, including the solid waste charge, shall result in the delinquency of such statement, actionable as a civil debt to the city.

B. In addition to any other remedies it may have for the collection of delinquent accounts, the city may cause notice of a hearing on delinquent accounts in accordance with Government Code sections 25830.1 and 38790.1. Such notice shall be mailed to property owners listed as delinquent accounts not less than ten (10) days prior to the date of the hearing. At the hearing, the city council shall hear any objections or protests of such property owners. The city council may make such revisions, corrections or deletions to the report of delinquent accounts as it deems just, after which, by resolution, the report shall be confirmed. The delinquent charges set forth in the delinquent account report may be placed as a lien on such properties for the amount of such delinquent charges plus legal fees and administration costs. A certified copy of the confirmed report shall be filed with the city clerk, for the current tax roll. The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation. All laws applicable to the levy, collection and enforcement of city ad valorem property taxes shall be applicable to such liens.

C. In the case of a discovered solid waste undercharge, the undercharge shall be adjusted back for a period of up to four (4) years for services rendered. Proper billing shall begin with the first cycle billing after the discovered error and the customer shall be notified in writing of the undercharge and the reason for the adjustment.

(Ord. 2903 § 7, 2019: Ord. 2382 § 1, 1998)

The fact that any property is occupied shall be prima facie evidence that solid waste is being generated and accumulated upon such property and that service charges for the collection and disposal thereof are due the city. Every person owning or occupying any property in the city shall keep such property in a clean and sanitary condition and shall not cause or permit solid waste to collect or accumulate upon; provided, however, that this provision shall not be construed to interfere with any customer keeping building materials upon property during the construction, reconstruction, or repair of a building or structure thereon under a valid building permit, nor with the keeping of wood neatly piled upon such property for household use.

A. Residential:

1. Every property shall subscribe to automated or nonautomated solid waste, organic, and recycling services. It is unlawful for any property to keep, accumulate, or permit to be kept or accumulated, any solid waste in or upon any private place unless the same shall be in a container for such as specified in this chapter. It is unlawful for any property to fail or neglect to provide for the removal of solid waste from such property in accordance with the provisions of this chapter.

2. In the event of the accumulation of solid waste matter upon any property, the city may remove the waste matter and charge a service fee, in an amount equal to the cost of such removal, to the customer.

3. Residential customers with automated service shall be responsible for the separation of organic and green waste from all other solid waste generated by the property.

B. Commercial:

1. Every property shall subscribe to commercial bin, roll-off bin, commercial can, or commercial automated solid waste services. Every commercial property generating two (2) cubic yards or more of solid waste must subscribe to organic and recycling collection services. It is unlawful for any customer to keep, accumulate, or permit to be kept or accumulated, any solid waste in or upon any property unless the same shall be in a container such as specified in this chapter. It is unlawful for any customer to fail or neglect to provide for the removal of solid waste from such property in accordance with the provisions of this chapter.

2. In the event of the accumulation of solid waste matter upon any property, the city may remove the waste matter and charge a service fee, in an amount equal to the cost of such removal, to the customer. (Ord. 2929 § 3, 2021: Ord. 2382 § 1, 1998)

A. No person shall deposit, keep, accumulate, permit, or cause any solid waste, including green waste and recyclable materials, to be deposited, kept or accumulated in a condition which is offensive, unsightly, detrimental to public health or hazardous from fire upon any property or on any public street, land, alley, or driveway, except as provided in this chapter. No person shall place or deposit, or cause to be placed or deposited, or to allow to remain in the street, alley or right of way area adjacent to the property occupied by such person any solid waste, including green waste and recyclable materials, in, into or upon any public street, avenue, alley, right of way, or other public place in the city, or in, into, or upon any property, or in or into any river or wash or in the bed thereof, except in the manner and for the purposes permitted by this chapter.

B. No person shall deposit any solid waste, including green waste and recyclable materials accumulating and generated on any premises within the city, and place it in the solid waste, green waste, or recyclable container on any other premises within the city; or to place any such container for collection of solid waste, including green waste and recyclable materials, therefrom in, upon, or in front, or in the rear of any other premises. (Ord. 2382 § 1, 1998)

No person shall dump, place, or deposit upon, or bury in any lot, land, street, alley, water or waterway within the city any solid waste, including green waste and recyclable materials or substance condemned by the county department of environmental health services, or any other deleterious or offensive substance; provided, however, that this section shall not apply to any land used by the county of San Bernardino or its agents as a public sanitary landfill. (Ord. 2382 § 1, 1998)

No solid waste, including green waste and recyclable materials, shall be burned in the open air within the city. (Ord. 2382 § 1, 1998)

No person shall interfere with or obstruct the collection or disposal of solid waste, including green waste and recyclable materials. (Ord. 2382 § 1, 1998)

A. When solid waste, including green waste and recyclable materials, is placed for the purpose of collection, it shall become the property of the city or its authorized collector, and it is unlawful for any person other than an owner thereof, its agents and employees, to remove or cause to be removed, tamper or meddle with any solid waste, including green waste and recyclable materials, regardless of whether or not such container conforms to the requirements set forth by this chapter.

B. Each collection in violation of this chapter shall constitute a separate and distinct violation punishable as provided in this chapter.

C. Nothing in this chapter shall limit the right of any person, organization or other entity to donate, sell or otherwise dispose of recyclable materials, provided that any such disposal is in accordance with the provisions of this chapter. (Ord. 2382 § 1, 1998)

Solid waste, including green waste and recyclable materials, shall be collected a minimum of once a week, and all solid waste, including green waste and recyclable materials, shall be removed from the property and disposed of in such a manner as not to become a nuisance or danger to public health. Solid waste shall be collected a minimum of once each week, excepting those properties which generate food waste, such as restaurants, schools with a food service cafeteria, and hotels, which shall be collected a minimum of twice each week. The city may require a greater number of collections per week for establishments with commercial collection as deemed necessary to comply with the provisions of this chapter and for the protection of the public health, safety and welfare. (Ord. 2382 § 1, 1998)

All containers placed for collection shall be in their designated collection location no later than six o'clock (6:00) A.M. for collection of the container between the hours of six o'clock (6:00) A.M. and two thirty o'clock (2:30) P.M., or later, Monday through Saturday. Collection times are subject to change and may vary from week to week. An additional service charge may be assessed for any container placed for collection after six o'clock (6:00) A.M., upon which the customer reports to the solid waste division as being missed for collection and is subsequently collected after the route has already been completed. (Ord. 2382 § 1, 1998)

The director shall prescribe suitable kinds of new or replacement solid waste containers and covers in which solid waste, including green waste and recyclable materials, shall be placed and kept for collection. All customer owned containers placed in service shall have prior approval of the director for compatibility with collection equipment. All customer owned containers shall be clearly marked with the customer's name and address.

A. Automated Containers:

1. The city shall provide automated solid waste, including green waste, containers.

2. Automated containers are the property of the city and are assigned to the property. Customers shall not remove containers from the assigned property.

3. No customer shall mark, deface or alter any city owned and assigned container.

4. If an assigned container is stolen or damaged, through no fault of a customer, the city will provide a free replacement.

5. Containers shall not exceed two hundred (200) pounds' gross weight when filled.

B. Nonautomated Containers: Residential or commercial property that cannot be serviced by the automated collection method or commercial property that cannot be serviced by commercial bin collection, as determined by the director, shall comply with the following specifications:

1. Each solid waste container shall be sufficiently durable material (metal, PVC, hard rubber) to withstand repeated handling in all type of weather and conditions. Handles shall be sturdy enough to endure repeated lifting without detachment. A tightfitting cover must be used. The use of plastic bags, boxes, fifty (50) gallon oil drums or portions of such drums and cardboard barrels is prohibited. All containers shall be free of sharp edges, splinters, protruding nails, or other conditions dangerous to collection personnel.

2. Containers shall not exceed thirty two (32) gallons in capacity nor sixty five (65) pounds' gross weight or twenty (20) pounds empty.

C. Bin Containers: For commercial bins that are rented from the city, the city shall provide all mechanical maintenance and repair including container replacement at such time the container is deemed unserviceable by the director.

1. Front loader bins shall be no smaller than one cubic yard and no larger than four (4) cubic yards, with side channel pick up, and must be compatible with collection equipment.

2. Rear loader bins shall be no larger than three (3) cubic yards and must be compatible with collection equipment.

3. Commercial bins may be secured through the installation of a locking bar device to prevent unauthorized collection, tampering and unauthorized placement of solid waste, yet shall be accessible for disposal and collection of solid waste, green waste, and recyclable materials by authorized persons. The customer shall either provide a combination lock, and provide the combination to the solid waste division, or provide a key lock, retain the key, and ensure that the bin remains accessible for collection during collection hours. Additional charges may be assessed, as determined by the city, for additional trips to service a locking bin, which was locked when service was attempted on the regular schedule.

D. Roll-Off Or Compactor Containers: Roll-off or compactor drop boxes shall be no larger than forty (40) cubic yards and shall be compatible with city collection equipment.

E. Noncity Owned Containers: If this section is not fully complied with, the city may deem the container as unfit for service or a potential safety hazard to collection personnel and may require the customer to provide alternative containers satisfactory to the city or to subscribe to an alternative method of collection. (Ord. 2382 § 1, 1998)

A. All containers shall be kept in a clean and sanitary condition at all times by the customer. Containers shall be kept covered at all times, except when solid waste, including green waste and recyclable materials, is being deposited therein or removed therefrom, and shall at all times be secure and free from leaks.

B. Periodic cleaning of customer owned commercial binds, commercial bins rented from the city, and automated containers or recycling containers provided by the city, shall be the sole responsibility of the customer. A fee shall be assessed for this service to the customer, whether requested by the customer, the county health officer or as deemed necessary by the director. (Ord. 2382 § 1, 1998)

Any customer establishing a new solid waste account with the city shall have the option at that time to change the existing automated container configuration established by the previous customer or select an adequate commercial service level based upon the individual needs of the customer. Subsequent service level changes requested are subject to a service charge, as determined by the city. For residential customers with automated collection, service level changes are permissible during the month of June each year at no charge. A service charge does not apply to repairs on automated containers, the replacement of stolen automated containers or repairs or replacements of city owned commercial bins, through no fault of the customer. (Ord. 2382 § 1, 1998)

A. Residential Collection: Solid waste, green waste and recyclable material containers for residential property shall be placed for collection at the city designated collection location.

1. In portions of the city where an alley abuts the property, all containers for collection shall be placed adjacent to the alley as close as possible to the property line; provided, however, that where such placement is impractical, such containers shall be placed for collection as directed by the director.

2. Where there is no alley, all automated containers shall be placed for collection at the most logical street frontage location; however, where such placement is impractical, such container shall be placed for collection as directed by the director.

3. Containers shall be placed in the street at the curb, or such place as if a curb did exist, or on the parkway, as close to the curb as possible. No container shall be placed on any sidewalk.

4. Containers shall not be placed within three feet (3') from any obstacle, such as a parked vehicle, fence, lamp post, mailbox and at least one foot (1') from any other container.

5. Containers must be placed with the handle facing the property.

6. It shall be the customer's responsibility to provide means of ingress and egress, adequate collection vehicle turning radius, vertical and horizontal clearance for collection personnel and equipment.

7. In all cases of disputes or complaints arising from, or concerning the placement of automated or nonautomated containers while awaiting the removal of their contents, the director shall designate the placement of such containers which decision shall be final.

B. Commercial Collection: All commercial containers shall be placed for collection in a location approved by the director which shall be easily accessible to collection personnel and equipment.

1. It shall be the customer's responsibility to provide means of ingress and egress, adequate collection vehicle turning radius, vertical and horizontal clearance for collection personnel and equipment.

2. No container shall be placed for collection inside a closed building.

C. Disputes: In all cases of disputes or complaints arising from, or concerning the placement of commercial bins or roll-off bins, written notice shall be given to the city. In all cases of disputes or complaints, the director shall forthwith designate the place and the decision shall be final. (Ord. 2382 § 1, 1998)

A. Commercial properties that share containers will have rates established by the city.

B. When physical limitations make it impractical to locate a commercial container on the property of the business utilizing the container and for the purposes of public health, safety and welfare it may become necessary to either:

1. Locate the container on adjacent property; or

2. Subscribe to individual means of solid waste collection. (Ord. 2382 § 1, 1998)

A. Bin enclosure specifications shall be required to be resubmitted for approval to the solid waste division prior to construction as part of the development and planning process.

B. The enclosure(s) may be secured to prevent unauthorized collection, tampering, and unlawful placement of solid waste, green waste, or recyclable materials, but must be accessible to collection personnel during hereinbefore stated collection hours. Additional charges may be assessed, as determined by the city, for additional trips to service a previously locked enclosure.

C. Each development project, as that term is defined in Public Resources Code section 42905, for which an application for a building permit has been submitted after the effective date of this chapter, shall conform to the requirements of the model ordinance adopted by the California integrated waste management board and required by the California solid waste reuse and recycling access act of 1991 1 relating to the provision of adequate areas for collecting and loading recyclable materials. (Ord. 2382 § 1, 1998)

Roll-off service is made available by application with the solid waste division, including payment arrangements, for use by customers requiring special disposal services, including building contractors for regular solid waste disposal. A copy of the roll- off service policies and procedures will be provided upon application. (Ord. 2382 § 1, 1998)

It shall be the responsibility of every customer placing a solid waste, green waste or recyclable material container in, or upon any street, sidewalk, curb or alley for collection to remove such container from the designated collection location as soon as possible after the containers have been collected, and in any event no later than ten o'clock (10:00) P.M. on the designated collection day. It is unlawful for any person to fail or refuse to perform such duty. (Ord. 2382 § 1, 1998)

A. All solid waste, green waste, or recyclable materials placed in automated or nonautomated containers shall be placed loosely in such container so as to ensure ease of disposal. No overloaded containers, either by volume or weight, shall be collected.

B. Customers shall flatten or dismantle boxes or cartons of cardboard, which cannot be set aside for recycling, or other materials to provide the maximum volume of waste matter in containers.

C. Ashes shall be thoroughly moistened to prevent scattering and shall be bagged, wrapped or boxed prior to being placed in the container.

D. Animal feces, other than manure, and personal care products which are unsanitary and offensive shall be securely wrapped.

E. All solid waste created, produced, or accumulated at hotels, restaurants and other business establishments containing food waste shall be drained and placed in plastic, watertight, heavy duty bags prior to being placed in solid waste containers for collection.

F. Until removed by the collector, the customer shall be responsible for the cleanup of any and all discards which the customer has generated, dumped, spilled or otherwise lost or littered, notwithstanding human or animal interference, wind or other natural forces and weather during storage, collection, removal, or transfer. The collector shall be responsible for any discards spilled during collection, removal or transfer by the collector. (Ord. 2382 § 1, 1998)

A. All property required to participate in the city's green waste collection program shall place all "green waste", as defined in this chapter, within the designated green waste container. Property not subject to the green waste collection program may place "green waste", as defined in this chapter, in the household waste container, until otherwise notified of requirement to participate.

B. Any customer may make application for exemption from participation in the city's green waste collection program, provided that the application shall be made in affidavit form, fully sworn to by the customer making the application, and filed with the director, along with payment of the processing fee, and the following criteria is met:

1. A licensed landscaper removes all green waste from the premises; or

2. The customer removes all green waste from the premises; or

3. The customer practices backyard composting and grass cycling, thereby not generating green waste requiring collection; or

4. The property is under construction, and no green waste is generated.

Any property exempted from the program is subject to periodic, random inspections of containers placed for collection by the city, and evidence of green waste contained therein shall result in immediate termination of the exemption and the customer thereafter shall comply with the provisions of this chapter. (Ord. 2382 § 1, 1998)

A. No person shall dispose of dangerous and infectious substances, such as medical and "hazardous waste" as defined in this chapter, in any solid waste, including green waste or recyclable materials, container for collection by the city.

B. No person shall place or deposit in any solid waste, including green waste or recyclable materials, container for collection by the city, wearing apparel, bedding or other articles from any home or place where any infectious or contagious disease has prevailed. The owner or occupant of any property where an infectious or contagious disease has prevailed shall forthwith notify the county health officer and shall dispose of such articles as directed.

C. No person shall place or deposit tires, asphalt or metallic discards in any solid waste container, including green waste or recyclable materials containers, for collection by the city.

D. If the provisions of this chapter are not fully complied with, the collector shall place a tag on the container so stating. No collection shall be made until the provisions of this section are complied with, or when a collection has been made of a container without knowledge of its prohibited contents, or a collection must be made to provide for the public health and safety, a service charge may be assessed to offset the costs of removal and disposal.

E. No person shall place or deposit any animal carcass in any solid waste, including green waste or recyclable materials, container for collection by the city. (Ord. 2382 § 1, 1998)

No person shall place or deposit any animal waste, inert noncompostable products such as dirt, rocks, concrete, painted or treated wood, wood containing nails or screws, plastic bags, glass, paper, razor blades, metal, chemicals, food scraps, or other substances rendering such green waste unfit for production of soil amendments or compost, for collection by the city. (Ord. 2382 § 1, 1998)

Properties located in areas of the city that are included in the residential recycling program shall place the recyclable materials in the container provided by the city in the designated collection location directed by the city, prior to six o'clock (6:00) A.M., on the regular solid waste collection day, for automated customers. Recyclable material collection for nonautomated customers shall occur on the automated collection day for their specific area. (Ord. 2382 § 1, 1998)

Bulky waste items shall not be placed within residential or commercial solid waste, green waste or recycling material containers. Upon request, and for an additional charge, the director may arrange special collection of these items. (Ord. 2382 § 1, 1998)

A. Physically challenged and/or elderly customers with infirmities, who do not have an able bodied person assisting with their household or business activities, may receive set out/set back service for automated containers upon written request to the city. The request shall describe the infirmity and/or other factors, and the care they are receiving from a family member, a service provider or other assistant, for their infirmity, which require the applicant to receive such service. For those persons who are approved for the service, there shall be no extra charge. A special designation shall be made to alert the collector to provide the service which shall continue until terminated by the director. If the director deems it necessary, he shall have the authority to require that the customer provide proof of the physical challenge or infirmity from a physician.

B. For automated customers involving special on premises collection, as with those state above, containers shall be freely accessible and not be placed for collection inside closed buildings or a gated area. (Ord. 2382 § 1, 1998)

A. Unoccupied Property: Any customer may make application for exemption from solid waste collection services on the basis that a developed property is unoccupied, and that no solid waste, including green waste and recyclable materials shall be placed or offered for collection by the city or its authorized collector, from such property. The director may temporarily exempt such property from participation in the city's solid waste collection program for the limited period while the property is unoccupied; provided, that any such statement or representation shall be made in affidavit form, fully sworn to by the person making such statement or representation and filed with the director along with payment of the application fee. An exemption shall be valid only for the time that the statements made in the affidavit continue to be true. Any violation of provisions of the exemption shall result in termination of the exemption and shall require the customer to subscribe to solid waste collection services in accordance with this chapter.

B. Fee: The fee for an application for an exemption shall be established by the city council and shall be no less than the cost to the solid waste division or authorized agent to validate the claim and shall include the cost to process and maintain records of the exemption, and costs incurred to remove container(s) from the property.

C. Expiration Of Exemption: From and after the date of adoption of the ordinance establishing this chapter, all exemptions granted to customers for solid waste services which do not relate to unoccupied property shall expire, and all such persons shall be subject to the provisions of this chapter and shall subscribe to the city's solid waste collection service. (Ord. 2382 § 1, 1998)

The director is authorized to enforce the provisions of this chapter, and shall, in accordance with the law, have the right to inspect the exterior of all property for the purpose of determining sanitary conditions and whether the provisions of this chapter are being observed. Any person denying or obstructing such inspections shall be subject to the penalties provided in this chapter. (Ord. 2382 § 1, 1998)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 2382 § 1, 1998)