Rocklin Municipal Code Ch. 13.08 Solid Waste and Construction Refuse Collection

The council finds and declares:

A. The accumulation of solid waste and construction refuse within the city is unhealthy, unsanitary and unsightly;

B. The voluntary removal of solid waste has not been satisfactory;

C. A continuing program of mandatory solid waste and construction refuse collection is necessary for the public health, safety and welfare;

D. The benefit derived by each residence and business establishment from routine solid waste collection requires that each such person and establishment pay a minimum monthly service charge for solid waste collection whether or not the service is actually used.

(Ord. 599 § 1 (part), 1989).

As used in this chapter the following words and phrases shall have the following meanings:

A. "Business establishment" means a commercial or industrial enterprise, including any multiple-family dwelling unit, where refuse is gathered collectively for all residents.

B. "Collection" means the accumulation and disposal of solid waste.

C. "Construction refuse" means refuse produced by a person engaged in the building or demolition of buildings or structures.

D. "Food establishment" means any restaurant, cafe, food store, food stand, food processor or other business establishment which sells, processes, manufactures or prepares food and food products.

E. "Garden refuse" means grass, tree or shrub trimmings and other plant material accumulated as a result of noncommercial gardening, and fireplace ashes.

F. "Multiple-family dwelling" means a residential building designed for and approved for occupancy by two or more families.

G. "Person" includes any person, firm, corporation, association, public agency or other legal entity.

H. "Residence" means any single-family or any multiple-family dwelling.

I. "Solid waste" means all putrescible and nonputrescible solid, semi-solid 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, vegetable or animal solid and semi-solid wastes and other discarded solid and semi-solid wastes.

Solid waste includes recyclable materials, and mixed recyclables, which have been discarded by the generator thereof.

Solid waste does not include:

1. Hazardous wastes or low-level radioactive waste regulated under Sections 25800 et seq. of the Health and Safety Code;

2. Medical waste which is regulated under Sections 25015 et seq. of the Health and Safety Code;

3. Abandoned vehicles and parts thereof; and

4. Recyclable materials, and mixed recyclables, which have not been discarded by the generator thereof.

J. "Toter" means a wheeled ninety-gallon watertight container capable of being hydraulically lifted and dumped and complying with the city's specifications therefor.

(Ord. 689 § 1, 1993; Ord. 599 § 1 (part), 1989).

The council may provide for solid waste collection and construction refuse collection by the granting of an exclusive franchise for such purpose, subject to such terms and conditions as the council deems appropriate. The franchisee shall, during the term of franchise, be the sole person permitted to perform solid waste collection and construction refuse collection within the city.

(Ord. 599 § 1 (part), 1989).

It is unlawful for any person to deposit, store or maintain solid waste or construction refuse within the city except as provided in this chapter.

(Ord. 599 § 1 (part), 1989).

A. There is imposed a mandatory scheme of solid waste collection within the city. The owner of a single-family dwelling, multiple-family dwelling or business establishment is liable for the minimum collection service charge applicable to the collection of one container per week of the type specified in Section 13.04.060, whether or not the collection service is used. If a person does not use the service, he must maintain his property in the same manner as though he subscribed to the service, by disposing of all solid waste not less often than if the waste were collected.

B. No minimum charge shall be made where the premises are vacant for a period in excess of fourteen days.

C. A person whose residence is located such a distance from a public or private street that a substantial hardship results to that person from the requirement that solid waste be presented for collection on a mandatory basis may apply to the council for an exemption from the mandatory provisions hereof. An exemption shall be granted only upon a finding by the council that the hardship to the person outweighs the public need for routine solid waste collection at the residence in question. The granting of an exemption shall not relieve the person receiving the exemption from the disposing of solid waste not less often than if it were collected.

(Ord. 599 § 1 (part), 1989).

There is imposed a mandatory scheme of construction refuse collection within the city. Any person engaged in the building or demolition of a building or structure and who produces construction refuse shall provide for the containerization and collection of the refuse in accordance with this chapter either by subscribing to the collection service provided by the city or by personally disposing of the construction refuse himself not less often than if the construction refuse were collected.

(Ord. 599 § 1 (part), 1989).

A. All solid waste reasonably capable of being placed therein shall be kept and presented for disposal in watertight containers, as follows;

1. Residences:

a. For all service in effect on or prior to March 15, 1989, and continuing uninterrupted thereafter, in metal or plastic containers not greater than thirty-two gallons in capacity, with a filled weight not exceeding sixty pounds, or in toters,

b. For all new service beginning on or after March 15, 1989, including service to an existing customer at a new residence address and continuing service to a residence address but with a new customer, in toters;

2. Business establishments: In metal or plastic containers or toters of the type specified and as required for residential use in a number not to exceed six, or in metal bins or roll-off containers (debris boxes) of a type approved by the city. The city may require that a bin or roll-off container be used even though the number of cans which would otherwise be used does not exceed six when necessary to prevent an unhealthy or unsightly condition.

B. All construction refuse shall be kept and presented for disposal in roll-off containers of a type approved by the city.

(Ord. 599 § 1 (part), 1989).

A. Solid waste not reasonably capable of being containerized may be kept and presented for collection in any reasonable condition; provided the waste is readily capable of being handled for collection without the potential for spillage or breakage and provided it is properly covered where necessary to prevent the escape of odor or the attraction of flies or vermin.

B. Noncontainerized waste shall be limited to that which may be reasonably handled by the equipment and manpower provided for ordinary collection. Items of extraordinary size, shape, weight or bulk shall be disposed of by the person accumulating them; provided, that appliances shall not be considered of extraordinary size, shape, weight or bulk and shall be presented for collection by the franchisee.

(Ord. 689 § 2, 1993; Ord. 599 § 1 (part), 1989).

A. Except as provided in this section, all solid waste shall be presented for collection not less than once weekly.

B. Where a business establishment has a bin or roll-off container which, because of the amount of solid waste generated, does not require weekly service, the bin or roll-off container may be presented for collection on any reasonable periodic basis approved by the city; provided the same does not contain putrescible waste.

C. All food establishments shall present solid waste for collection not less than twice weekly.

D. Where necessary to prevent an unsanitary or unsightly condition, the city may require that a residence or business establishment present solid waste for collection more often than once per week.

E. The schedule for collection of solid waste shall be as determined by the city, and solid waste shall be presented for collection on the day or days specified.

(Ord. 599 § 1 (part), 1989).

A. Construction refuse shall be presented for collection on a periodic basis, as approved by the city, as necessary to prevent the unsightly accumulation of uncontainerized construction refuse on the site.

B. Roll-off containers provided for construction refuse shall not contain putrescible waste.

(Ord. 599 § 1 (part), 1989).

A. Except as provided in subsection B of this section, all containers except bins and roll-off containers shall be placed within five feet of the curb or, if there is no curb, then within five feet of the edge of pavement or, if there is no pavement, then within five feet of the edge of the public or private right-of-way. No container shall be placed for collection more than twenty-four hours prior to the time of collection or allowed to remain at the place of collection for more than twenty-four hours after collection.

B. A person who demonstrates to the city that he has a physical impairment or disability which makes it difficult or impossible to place containers for collection in the location required by subsection A of this section, and that no one occupying the premises is capable of so doing, may place such containers at a location not more than fifty feet from the curb, edge of pavement or right-of-way.

C. All bins and roll-off containers shall be placed in a convenient location, accessible to the loading apparatus used to empty them.

(Ord. 599 § 1 (part), 1989).

A. The fees charged for collection, including fees charged for rental of toters and rental and delivery of bins and roll-off containers, shall be set from time to time by resolution of the council.

B. Solid waste minimum mandatory rates shall be established for residences and business establishments. Such minimum rates may vary according to the type of residence or business.

C. The owner of the premises for which solid waste collection service is provided is liable for the collection fee. If an owner requires a tenant to pay the fee, and the tenant fails to do so, such failure shall not discharge the obligation of the owner.

D. The person engaged in the building or demolition activity that produces construction refuse shall be liable for the collection fee.

(Ord. 599 § 1 (part), 1989).

Violations of the provisions of this chapter constitute:

A. In the case of any person allowing the accumulation or maintenance of solid waste in violation of this chapter and/or in any manner which creates a condition inimical to the public health, safety and welfare, a public nuisance; and

B. In all instances, including those specified in subsection A of this section, a misdemeanor, as the same is now or may hereafter be defined by the laws of the state.

C. Delinquent fees or charges for solid waste collection or construction refuse collection unpaid for a period of sixty or more days after the date upon which they are due may be collected in the manner authorized by Sections 25831 and 38790.1 of the Government Code.

(Ord. 599 § 1 (part), 1989).