Riverside Municipal Code Ch. 6.04 Residential Solid Waste and Recyclable Material

Footnotes:

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Editor's note— Ord. 7515 § 1, adopted May 19, 2020, changed the title of Ch. 6.04 from "Solid Waste and Recyclable Material" to "Residential Solid Waste and Recyclable Material," as set out herein.

For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section.

Bulky item means waste items that are too large to be accepted as part of standard automated or manual collection. Examples of bulky waste include but are not limited to large metal appliances, mattresses, furniture items, large toys or wood trimmings, and other materials designated by the Public Works Director pursuant to this chapter, but excludes any hazardous materials.

Collection means the act of picking up and removing solid waste or recyclable materials or organic recyclable materials at the place of generation.

Contractor means a person, persons, firm or corporation authorized by contract with the City to provide solid waste, recyclable, or organic recyclable materials collection services within the City.

Container, unless otherwise provided herein, means any and all types of solid waste receptacles, including cans, carts, bins, roll off boxes, and receptables provided by customers.

Detachable bin means a metal container designed for mechanical emptying and provided by the City or contractor where applicable for the accumulation and storage of solid waste.

Designated green materials (or "green materials" or "green waste") means materials that are required to be separated from solid waste and designated recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Green materials include, but are not limited to: yard trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste. Green materials excludes food scraps and paper contaminated with food scraps.

Designated organic recyclable materials (or "organic recyclable materials") means materials that are required to be separated from solid waste and designated recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Organic recyclable materials include, but are not limited to: yard trimmings and food scraps such as green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces, other types of organic yard waste, vegetable waste, fruit waste, dairy waste, meat waste, fish waste, and paper contaminated with food scraps. The term "organic recyclable materials" solely means "designated green materials" when referencing multifamily residential property requirements.

Designated recyclable materials (or "recyclable materials") means materials that are required to be separated from solid waste and designated organic recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Recyclable materials include, but are not limited to: cardboard, paper, plastic, scrap metal, beverage containers, and clean (untreated and unpainted) wood.

Garbage means a form of solid waste which is putrescible animal, fish, fowl, food, fruit or vegetable matter resulting from the cultivation, preparation, storage, handling, decay or consumption of such substance.

Hazardous waste means a waste, or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may do either of the following:

1. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness.

2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed.

Manual container means a metal, plastic or rubber container, 20- to 32-gallon capacity, provided by the resident in City designated areas where automated collection service is not possible. Said containers are not to exceed a weight of 15 pounds when empty, and must have side bail handles and a tight-fitting lid, designed and manufactured for the accumulation and storage of solid waste, or plastic and/or paper bags manufactured for the accumulation and storage of refuse. The top diameter of the container shall in no case be smaller than the diameter of the receptacle at the bottom.

Person means an individual, firm, limited liability company, association, partnership, industry, public or private corporation, or any other entity whatsoever.

Place or premises means every dwelling house, dwelling unit; apartment house or multiple-dwelling building with less than five units; and every other place or premises where any person resides within the City.

Public Works Director means the Public Works Director of the City or his or her duly authorized representative.

Refuse means solid waste.

Recycling means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in Section 40201 of the California Public Resources Code. The term "recycling" may be used to include source separated materials.

Rubbish means a form of solid waste which is nonputrescible, useless, unused, unwanted or discarded material or debris, either combustible or noncombustible, including, but not limited to, paper, cardboard, grass, tree or shrub trimmings, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction material, and similar material.

SB 1383 means Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016) also commonly referred to as "SB 1383", as amended, supplemented, superseded, and replaced from time to time.

SB 1383 Regulations means Title 14 of the California Code of Regulations, Division 7, Chapter 12: Short-lived Climate Pollutants, beginning with section 18981.1, as amended, supplemented, superseded and replaced from time to time.

Solid waste means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Solid waste does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code or medical waste. Solid waste does not include recyclable materials or organic recyclable materials set out for separate collection for the purposes of recycling and that are not landfilled.

Solid Waste Collector means personnel employed by the City or contractors for the collection and disposal of solid waste.

Source separate or source separated means the process of removing recyclable materials and/or organic recyclable materials, from solid waste for the purpose of recycling and/or organics recycling.

Standard automated container means a 96 gallon container provided by the City for collection of solid waste or organic recyclable material or recyclable material.

(Ord. 7515 § 2, 2020; Ord. 6875 § 1, 2006; Ord. 6424 § 2, 1998; Ord. 5954 § 1, 1991; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

A. Every owner, tenant, lessee or occupant of any premises where solid waste is generated shall keep upon the premises sufficient standard automated containers for receiving and holding all solid waste generated between the times of removal. Where a property is served by manual service, the owner, tenant, lessee, or occupant of such property shall provide sufficient manual containers for receiving and holding all solid waste generated between times of removal. All solid waste on the premises shall be kept in said containers.

B. Solid waste containers shall be maintained in a clean and sanitary condition. It is unlawful for any person to use solid waste containers that do not conform to the provisions of this chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof. If, within five days after written notice of a violation of this section from the Public Works Director, such container is not repaired or replaced as necessary, further service for the container may be suspended until the violation is corrected. Where the container does not conform to the provisions of this chapter, the City may replace the container and charge the cost for the replacement to the customer's account, except where the damage was caused by someone other than the property owner or resident or was due to normal wear and tear of the container. The notice of violation shall be deemed served when securely attached to the container determined not in conformance with the provisions of this section. The customer may appeal the notice of violation to the Public Works Director within ten days of service of notice. The Public Works Director's decision shall be final.

C. Each property shall have separate containers for the collection of solid waste, recyclable materials, and organic recyclable materials. Properties serviced by automated service shall have no more than one standard automated container each for solid waste, recyclable materials, and organic recyclable materials, except where the customer has made arrangements with the City or Contractor for an additional container or where the City or Contractor has required an additional container pursuant to this Chapter. Properties serviced by manual service shall have no more than three manual containers each for solid waste, recyclable materials, and organic recyclable materials.

D. Whether a property is serviced through automated or manual service shall be determined in the sole discretion of the Public Works Director, or designee.

(Ord. 7740, § 1, 2025; Ord. 7515 § 3, 2020; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

A. At residential property serviced by the City or by a Contractor, standard automated or manual containers shall be placed as follows for collection:

1. Residential customers adjoining an alley shall place their standard automated or manual containers adjacent to but not within the alley.

2. Residential customers shall place their standard automated or manual containers at the City curb immediately adjacent to the serviced property.

3. In special circumstances the Public Works Director, or designee, may designate receptacle location.

B. Residential customers serviced by a Contractor shall place their standard automated or manual containers at the curb immediately adjacent to the serviced property for collection, except when other arrangements have been made with the collection contractor.

C. Standard automated and manual containers shall not be placed in the designated location for collection prior to 6:00 p.m. on the day preceding collection service and shall be removed from the designated location no later than 8:00 p.m. on the day of collection.

D. In all disputes, complaints or problems arising from or concerning the location of containers or bins, the Public Works Director shall designate the proper location and the decision of the Public Works Director shall be final.

(Ord. 7515 § 4, 2020; Ord. 7157 § 2, 2012; Ord. 5954 § 2, 1991; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

A. At residential properties, the Public Works Director shall designate the manner in which material shall be placed in containers for collection, including, but not limited to, the types of materials to be placed in solid waste, recycling, and green waste or organic recyclable containers and the manner in which materials shall be separated, contained, or broken down prior to placement in containers.

B. When filled, the manual container shall not weigh more than 55 pounds. When filled, the standard automated container shall not weigh more than 150 pounds.

C. The Public Works Director may designate materials eligible for special pickup as bulky items and the time, frequency, and volume of bulky item collection service. Acceptable materials shall be placed at the curb immediately adjacent to the serviced property no earlier than 4:00 p.m. on the day before the scheduled bulky item service. City or Contractor's may refuse collection if items exceed limitations or otherwise do not conform to the established bulky item service requirements.

D. Placement of solid waste into containers designated for recyclable or organic recyclable material is prohibited. The Public Works Director, or designee, shall enforce contamination of recycling and organic recycling containers. For the purposes of this section, contamination shall mean more than two percent by volume of nonacceptable materials.

1. If a collector finds that a recycling or organic recycling container has been contaminated by solid waste, the collector must leave a tag on the container notifying the customer of the violation and identifying the incorrect materials. The collector shall not refuse to empty a container from a residential property.

2. If a collector identifies contamination and issues notices of violation for three collection dates within a calendar year for a particular container (i.e. solid waste, recyclable, or green waste and organic recyclable containers), a fee equal to the charge for an additional solid waste disposal container shall be charged to the customer's account for the third and fourth violation. For the fifth and subsequent violation within a calendar year, Contractor may require that the property maintain a second container for the particular waste, the cost of which shall be charged to the customer's account. Contractor shall notify the City within five business days if Contractor requires a property to maintain an additional container pursuant to this Section. The Public Works Director shall provide notice of the fee to the customer at least ten days prior to the fee appearing the customer's bill. Notice of the fee shall be deemed served when placed in the mail to the customer at the last known address listed on the account. The customer may appeal the assessment of the fee to the Public Works Director within ten days of service of notice. The Public Works Director's decision shall be final.

E. If a collector identifies overfilled or overweight containers and issues notices of violation for three collection dates in a calendar year for a particular container (i.e. solid waste, recyclable, or green waste and organic recyclable containers), a fee, in an amount as set by resolution of the City Council, shall be charged to the customer's account for the third violation and each violation thereafter.

1. For the purposes of this section, overfilled shall mean a container filled past its capacity, preventing the lid from closing properly with a lid angle open from the rims at a 45-degree angle or greater, or 11 inches or more. Overfilled shall also mean waste is piled on top of or around the container.

2. For the purposes of this section, overweight shall mean a container exceeding the container weight limits of Section 6.04.040(B).

3. The customer has the right to appeal the assessment of this fee to the Public Works Director within ten days of receiving notice. The decision of the Public Works Director shall be final.

(Ord. 7740, § 2, 2025; Ord. 7515 § 5, 2020; Ord. 5954 § 3, 1991; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

A. No person, persons, firm or corporation other than one of the City authorized solid waste haulers acting pursuant to their contract with the City, municipal solid waste collection crews or a person or firm acting under the authority and within the limitation of a valid self-hauler permit issued pursuant to this chapter, shall collect solid waste, recyclable or organic recyclable materials within the City.

B. No person, persons, firm or corporation other than the City or one of the City-authorized solid waste contractors acting pursuant to their contract with the City shall provide temporary bin service for solid waste, recyclable or organic recyclable material.

C. Except as provided in subdivision D of this section, solid waste collection shall be provided from residential property at a minimum of once a week.

D. Every owner, lessee, tenant or occupant of residential property shall remove or cause to be removed all solid waste created, produced or brought upon the premises according to the schedule in this section by subscribing to the solid waste collection service of the City or the contractor authorized by the City Council to provide such service to that property; provided, however, one may provide one's own service pursuant to a self-hauler permit as provided in this chapter for the removal of solid waste created by one's own activity as a residential occupant, but not as a landlord for one's tenant or lessee.

(Ord. 7515 § 6, 2020; Ord. 6237 § 1, 1995: Ord. 6071 § 1, 1993; Ord. 5999 § 1, 1992; Ord. 5954 § 4, 1991; Ord. 5928 § 1, 1991; Ord. 4599 § 1, 1978; Ord. 4551 § 1, 1978; Ord. 4502 § 1, 1978; Ord. 4406 § 1, 1977; Ord. 4189 § 1 (part), 1975)

A. Every occupant of a residential property desiring to provide removal of solid waste, recyclable material, and organic recyclable material created by their own activity shall first obtain and maintain in full force and effect a self-hauler permit and shall provide solid waste removal service in accordance with said self-hauler permit.

B. Application for self-hauler permits shall be made to the Public Works Director and shall be accompanied by a nonrefundable fee set by resolution.

C. The Public Works Director shall issue the permit upon determining that the applicant is able to transport all solid waste and recyclable and organic recyclable materials in a safe and sanitary manner in accordance with the provisions of this chapter.

D. Such permit shall expire at the end of the fiscal year in which it is issued.

E. If the application is denied by the Public Works Director, the applicant shall be provided with a full statement of the reasons for the denial.

F. A permit may be revoked by the Public Works Director for any violation of law or for failure to comply with the provisions of this chapter by providing the permittee with a written statement of the violations noted.

G. A denial or revocation may be appealed to the Safety, Wellness and Youth Committee of the City Council whose decision shall be final. Such appeal shall be filed with the City Clerk within ten days after the receipt of the Public Works Director's written notice of denial or revocation.

H. All solid waste removal pursuant to a valid self-hauler's permit shall be accomplished by the permit holder or the holder's own employees using the permittee's own equipment.

I. All solid waste removed pursuant to a self-hauler permit shall be deposited only at authorized, licensed, and permitted solid waste disposal sites. Recyclable materials and organic recyclable materials shall be hauled to a solid waste facility, operation, activity, or property that processes or recovers such source separated materials.

J. All equipment used by a self-hauler's permittee to remove solid waste shall comply with the requirements of Section 6.04.060.

K. Every holder of a self-hauler permit shall submit legible copies of disposal receipts to the Public Works Director on or before the tenth of each month for solid waste deposits made during the previous month at authorized and licensed solid waste disposal sites.

(Ord. 7531 §10, 2020; Ord. 7515 § 7, 2020; Ord. 6103 § 1, 1994; Ord. 5954 § 5, 1991; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

A. Passenger motor vehicles shall not be used in the transportation of solid waste, recyclable or organic recyclable material upon or along any public street or highway of the City; provided, however, residential self-haulers as provided in Section 6.04.055 may utilize such vehicles upon the condition that the solid waste, recyclable or organic recyclable material is so contained as to prevent it from leaking, dripping, falling, blowing or scattering from the vehicle in which it is being conveyed or transported.

B. Trucks used in the collection and transportation of solid waste, recyclable or organic recyclable material shall have bodies of watertight metal construction which shall be leakproof and shall be equipped with a close-fitting cover, which shall be affixed in a manner that will prevent dropping, spilling or other loss of solid waste upon the highway during collection and transportation. In lieu of such watertight bodies and covers, separate metal containers with tight-fitting, clamp-on lids may be used.

C. Trucks used in the collection of rubbish shall have solid construction of the floor and body and shall be equipped with a close-fitting covering which shall be affixed in a manner that will prevent the dropping or blowing of any rubbish upon the highway during collection and transportation.

D. All trucks used in the collection and transportation of solid waste, recyclable or organic recyclable material and rubbish shall be maintained in a clean, sanitary and neatly painted condition, and shall carry a shovel, broom, first-aid kit and fire extinguisher.

E. Every contractor authorized by the City Council to collect solid waste, recyclable or organic recyclable material shall paint his firm name and telephone number in legible letters not less than three inches in height on both sides of all trucks used to collect and transport refuse.

(Ord. 7515 § 8, 2020; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

A. Solid waste collection from residential properties shall be provided by all haulers a minimum of once a week.

B. Solid waste will not be collected on Sundays except in emergencies and as approved by the Public Works Director.

C. Solid waste collection within or in close proximity to residential areas shall not commence prior to 5:30 a.m. on any day.

(Ord. 7515 § 9, 2020; Ord. 5954 § 6, 1991; Ord. 5928 § 1, 1991; Ord. 5379 §§ 1, 2, 1986; Ord. 4965 § 1, 1981; Ord. 4214 § 1, 1975; Ord. 4189 § 1 (part), 1975)

It shall be unlawful for any person other than the owner or agent or employee of the owner of a solid waste or recyclable material receptacle, a solid waste hauler or the person or agent or employee of the person for whom a solid waste or recyclable material receptacle is contracted or placed to collect refuse or recyclable material to rummage in, disturb, interfere, scavenge, or remove refuse or recyclable material from officially designated refuse and recyclable containers.

(Ord. 6755 § 1, 2004; Ord. 6424 § 3, 1998; Ord. 5928 § 1, 1991; Ord. 5855 § 1, 1990; Ord. 5326 § 1, 1985; Ord. 4189 § 1 (part), 1975)

A. No person shall throw, drop, leave, dump, bury, burn, place, keep, accumulate or otherwise dispose of any waste matter, including, but not limited to, garbage, hazardous waste, refuse, recyclable materials, rubbish, or solid waste as defined in Section 6.04.010 upon any lot, land, street, alley, water or waterway, either with or without intent to later remove same. Any person in violation of this Section may be subject to the hazardous materials cleanup cost recovery provisions of Section 16.32.390.

B. Solid waste may not be buried on any lot in the City. This section shall not be interpreted to prohibit composting of yard waste.

(Ord. 7740, § 3, 2025; Ord. 6875 § 2, 2006; Ord. 5928 § 1, 1991; Ord. 4599 § 2, 1978; Ord. 4189 § 1 (part), 1975)

Solid waste, recyclable or organic recyclable material, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, is a public nuisance within the meaning and subject to the provisions of this Code.

(Ord. 7515 § 10, 2020; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

No person owning, leasing or occupying property adjoining any public alley in the City shall fail, refuse or neglect to keep that portion of such alley between the centerline thereof and the property line of such property free from solid waste, recyclable or organic recyclable material.

(Ord. 7515 § 11, 2020; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

Every owner, lessee, tenant or occupant of any lot, place or premises within the City on which any horse, cow, barnyard fowl or other animals are kept, or of any place where manure or urine from such animals accumulates, shall at all times keep or cause to be kept the lot, premises or place, and the appurtenances thereof, in a clean and wholesome condition.

(Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

Unless all manure accumulating on any premises is removed daily, boxes or receptacles of a design and construction acceptable to the Riverside County Health Officer shall be provided by each owner, lessee, tenant or occupant of such places, and the boxes or receptacles shall be used only for the purpose of containing the accumulation of manure and shall be kept tightly closed at all times except when manure is being placed therein or removed therefrom, and in no instance shall manure be so placed in such boxes or receptacles in such a manner as to prevent the tight closing of the lid. The boxes or receptacles shall be maintained to prevent access to the contents thereof by flies. The contents of the boxes or receptacles shall be removed as often as filled, or more often if so required by the Health Officer or his authorized representatives, except that the provisions of this section shall not apply to premises located in the RA Zone as now bounded and defined or may be hereafter bounded and defined by the Zoning Ordinance and other ordinances of the City and amendments thereto.

(Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

No person owning or occupying any building, lot or premises in the City shall suffer, allow or permit to collect and remain upon such lot or premises any solid waste, recyclable or organic recyclable material; provided, however, that this provision shall not be construed as interfering with building under a building permit, or wood neatly piled for kitchen or household use.

(Ord. 7515 § 12, 2020; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

Any occupant owning or possessing an animal on the premises which may bite or attempt to bite a solid waste hauler while engaged in collecting refuse shall be required to secure the animal(s) or place the receptacles in such manner that such animal shall not constitute a hazard or to endanger a solid waste hauler. In addition to any penalties specified in this Code, failure to adhere to the requirements of this section shall be cause for suspension of collection service during such time as there exists any such danger or hazard. Suspension of service pursuant to this section shall not relieve any person or firm of the duty to pay solid waste collection charges during such period of suspension.

(Ord. 7515 § 13, 2020; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

The Public Works Director is authorized to make such rules and regulations not inconsistent with the provisions of this chapter so as to effect efficient collection and removal of solid waste, recyclable material, and organic recyclable material by the City or its duly authorized contractors.

(Ord. 7515 § 14, 2020; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

For purposes of defining the areas of the City in which the City's contractors will operate and in which areas City personnel will collect residential solid waste, a map of the City is on file in the office of the City Clerk. The type of service: residential or commercial; exclusive or non-exclusive; City personnel or contractor; are identified in the contracts with City's contract solid waste collectors. Upon a determination by the Public Works Department and at the direction of the Public Works Director that good cause exists or that an annexation has been completed, that map may be modified.

(Ord. 7515 § 15, 2020; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

The City Council shall by resolution fix and from time to time amend the various charges to be made and paid for solid waste collection.

(Ord. 5954 § 7, 1991; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

A. The duly authorized representative of the Health Officer or Public Works Director shall visit all premises within the City from time to time to examine the sanitary conditions of the premises to determine whether the provisions of this chapter and state laws are being complied with. The Public Works Director shall enforce the provisions of this chapter and properly notify any owner or occupant of any violations of this chapter. Such notice whenever possible shall be affixed to a receptacle or delivered in person.

B. SB 1383 Regulatory Compliance. Organic waste generators, including commercial and multi-family covered generators, haulers and all other entities subject to the requirements of SB 1383 shall fully comply with all applicable SB 1383 regulatory requirements or be subject to the penalties as prescribed in section 18997.2 of the SB 1383 Regulations.

(Ord. 7515 § 16, 2020; Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

Notwithstanding the provisions of this chapter prescribing specified action in the event of a violation, any other appropriate criminal or civil action may be maintained against the violation and against any person maintaining or permitting the violation.

(Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have passed this chapter and each section, subsection, clause or phrase hereof irrespective of the fact that any one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.

(Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975)