Article 1 — REFUSE STORAGE

The purpose of this Article is to establish minimum standards for the storage of nonhazardous wastes within the unincorporated area of the County of San Bernardino. Pursuant to the authority cited in Chapter 1 of Division 3, Title 3 of the San Bernardino County Code, Public Resources Code (PRC) § 40059, Code of Regulations § 17200; and other applicable State law, the Department of Public Health, Division of Environmental Health Services (DEHS) of the County of San Bernardino shall enforce the provisions of this Article within the unincorporated area of the County of San Bernardino. (Ord. 2854, passed - -1984; Ord. 3105, passed - -1986; Am. Ord. 3671, passed - -1996)

Definitions herein shall supplement all definitions in Chapters 1 and 3 of Division 3 of Title 3 of the San Bernardino County Code: BARREL. A container which may or may not be provided by a Refuse Collection Operator for residential refuse collection. BULKY WASTES. Large items of solid waste such as appliances, furniture, trees, branches, stumps and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods. COLLECTION VEHICLE OR EQUIPMENT. Includes any vehicle or equipment used in the collection of residential, industrial or commercial waste. COMMERCIAL BINS. A type of container provided by the refuse collection operator to commercial, industrial and multi-family dwelling customers for refuse storage and collection purposes and which is emptied by the refuse collection operator by means of a front-loading mechanism into the refuse vehicle. CONSTRUCTION AND DEMOLITION WASTES. The nonhazardous waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures. DOMESTIC WASTE. Includes all refuse which does not fall under the definition of “nondomestic waste.” GARBAGE. Includes all kitchen and table food waste, animal waste, vegetable waste and all household waste or residue resulting from the storage, preparation, cooking, handling, or treatment of food and shall also include putrescible wastes. GARBAGE HAULER. Any person or entity who collects garbage, unmixed with rubbish, and transports it to a commercial garbage-feeding hog ranch or to a commercial establishment for processing for use in livestock feeding. HEALTH AND SAFETY PERMIT. That permit which is issued by the Division of Environmental Health Services to all refuse collection operators, garbage haulers and/or nondomestic waste haulers that operate within the incorporated and/or unincorporated areas of San Bernardino County. NONDOMESTIC WASTE HAULER. A person or entity involved in removing nondomestic wastes, either from their own property or from another’s property. NONDOMESTIC WASTES. Wastes which may be solid, semisolid, slurries, dust, nonpetroleum oils, and related substances or combinations thereof, which constitute a potentially dangerous health or environmental risk to residents of the County of San Bernardino. Nondomestic wastes may be determined as such by DEHS upon finding that special transportation requirements are necessary due to the nature of the material, the intended disposal method, or the intended end use. Said term shall not include any wastes classed as infectious, toxic or hazardous by State or Federal Statute. PERMITTEE. Any person who has been issued a health and safety permit to collect, transfer, or remove solid wastes under the provisions of this ordinance. A PERMITTEE may include refuse collection operators, garbage haulers and/or nondomestic waste haulers. PROHIBITED WASTES. Dead animals exceeding 15 pounds in weight, battery acid, poisonous, caustic or toxic material, or other substances capable of damaging clothing or causing injury to the person and dangerous or destructive chemicals. PUTRESCIBLE WASTES. Wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions. REFUSE. All solid waste as defined in Public Resources Code § 40191. REFUSE COLLECTION OPERATOR. Any person or entity engaged in the collection, transportation and removal of refuse, except that it shall not mean a garbage hauler. RESIDENTIAL BINS. A container provided by the refuse collection operator to a single-family dwelling customer for refuse storage and collection purposes and which is emptied by the refuse collection operator by means of a front-loading mechanism into the refuse vehicle. ROLL-OFF BOXES or DROP OFF BOXES. A large, open-topped, detachable container, 20 cubic yards or more in capacity, employed in a system of materials handling in which the loaded container is pulled onto the collection vehicle mechanically and transported to an approved site for emptying. RUBBISH. Includes, but is not restricted to, all nonputrescible solid waste or debris such as paper, ashes, cardboard, wood, clothing, yard clippings, metal, plastic, construction waste and debris litter and other similar materials. SOLID WASTE. As defined in Public Resources Code § 40191 as presently enacted or as it may be later amended. SOLID WASTE FACILITY. As defined in Public Resources Code § 40194 as presently enacted or as later amended. SOLID WASTE HANDLING. As defined by Public Resources Code § 40195 as presently enacted or as later amended. (Ord. 2854, passed - -1984; Ord. 3105, passed - -1986; Am. Ord. 3671, passed - -1996)

All refuse generated on a property or premises shall be stored in appropriate containers and in a manner which does not promote the propagation, harborage, or attraction of vectors, or the creation of nuisances. Each owner, operator or occupant shall provide sufficient numbers of suitable refuse containers to contain, without overflowing, all refuse generated between refuse removal dates. (Ord. 2854, passed - -1984; Ord. 3105, passed - -1986; Am. Ord. 3671, passed - -1996) § 33.0804 Refuse Removal, Refuse removal shall be in accordance with the following, unless modified in § 33.0805, below: (a) All owners, operators, or occupants of any residence, premises, business establishment or industry shall be responsible for the satisfactory removal of all refuse accumulated on their property or premises. No refuse shall be allowed to remain on the premises for longer than the periods specified in § 33.0805 below, except when: (1) Disruptions due to strikes occur; or (2) Severe weather conditions or natural disasters such as earthquakes or fires make collection impossible using normal collection equipment; or (3) Official holidays interrupt the normal seven day collection cycle in which case collection may be postponed until the next working day. (b) The refuse collection operator is responsible for picking up any spillage that may be caused during collection. This shall not include spillage caused by animals, vandals, wind or other such causes. (Ord. 2854, passed - -1984; Ord. 3105, passed - -1986; Am. Ord. 3671, passed - -1996)

(a) All waste which contains garbage produced or accumulated in or about a residence shall be removed from the premises at least once each seven day period to an approved solid waste facility. (b) All waste which contains garbage produced or accumulated in or about hotels, food establishments, or other businesses shall be removed from the premises at least twice each seven day period to an approved solid waste facility. (c) All rubbish, which does not contain garbage, produced or accumulated in or about any premises shall be removed from the premises at least once every 14 days. (d) DEHS may require an increase in collection frequency upon finding that an unhealthful, unsightly, or public nuisance condition is created by adhering to the minimum collection frequency. (Ord. 3105, passed - -1986; Am. Ord. 3671, passed - -1996)

Containers used for storage of refuse until collection and/or transportation to an approved solid waste facility shall comply with the following: (a) Refuse containers shall be made of a durable, nonabsorbent material and shall be watertight with a tight-fitting lid or cover, except as provided for in this Article.

(b) The user of any refuse container shall ensure that lids are kept tightly attached so as to completely close off the container and to keep such containers in a clean condition without excessive build-up of clinging, sticky, or encrusted wastes in or on the container. (c) All refuse containers which must be manually emptied by a permittee shall have a gross filled weight not to exceed 55 pounds and a maximum capacity not to exceed 32 gallons. (d) A container for refuse that does not meet the standards of Subdivisions (a)—(c) above, is substandard and shall not be used for residential refuse collection. Substandard containers shall be adequately repaired before being put back into service or shall be replaced. (e) Tree trimmings shall be tied in bundles of not more than four feet in length and shall not exceed 50 pounds in weight; cardboard boxes shall be flattened and tied in bundles not exceeding four feet in length nor 50 pounds in weight. (f) Plastic bags used for refuse collection shall be of sufficient strength and water tightness to contain the refuse. (g) Refuse containers of one cubic yard or more owned by the refuse collection operator shall be identified with the name and telephone number of the company servicing the container. (Ord. 3105, passed - -1986; Am. Ord. 3671, passed - -1996)

Refuse containers provided to commercial customers by a permittee for storage and collection purposes shall comply with the requirements for residential refuse containers in § 33.0806 above, as well as the following applicable standards: (a) Roll-off boxes shall be identified with the name of the permittee, and uniquely identified with a box number to aid in locating boxes which require maintenance. It shall be the responsibility of the permittee to keep all boxes painted and maintained. (b) Roll-off boxes are exempted from the provision for a tight-fitting lid or cover, provided any putrescible wastes is fully contained in closed plastic bags or equivalent and such roll-off boxes are covered or otherwise secured to prevent the blowing out, or other loss, of the contents whether such boxes are moving or stationary. (Ord. 3105, passed - -1986; Am. Ord. 3671, passed - -1996)

Placement of refuse containers shall be in accordance with the following: (a) Refuse containers for residential pick-up service shall be placed in a convenient and accessible location adjacent to a street or public thoroughfare for not more than 12 hours prior to scheduled pick-up and shall be removed within 24 hours after pick-up. Other locations shall be subject to approval by the permittee and DEHS. (b) At all other times refuse containers shall be stored away from the street and in such a manner as to minimize creating an environmental or public health nuisance. (c) At no time shall a refuse container be placed in such a manner as to create a traffic problem or hazard to the public health, safety, or welfare. (d) All residential bins shall be located upon the customer’s property in a manner that minimizes traffic, safety, aesthetic, and other problems. If a suitable location can not be arranged, DEHS may determine that the permittee cannot provide bin service at the residence and shall instead provide barrel service. (Ord. 3105, passed - -1986; Am. Ord. 3671, passed - -1996)

(a) Bulky wastes shall not be set out for collection without having made prior arrangements with the refuse collection operator for pickup of the waste. (b) No prohibited wastes shall be mixed or placed with any rubbish or garbage which is to be collected, removed or disposed of by the refuse collection operator. (Ord. 3105, passed - -1986; Am. Ord. 3671, passed - -1996) § 33.0810 (Reserved). (Ord. 3105, passed - -1986; Am. Ord. 3671, passed - -1996)

It shall be unlawful for any person or entity to violate any provision of this Article. Except as provided herein, all administration, enforcement procedures, remedies and penalties as to this Article shall proceed as is set forth in Chapters 1, 2, and 3 of Division 3, Title 3 of the San Bernardino County Code and otherwise as provided by law. (Ord. 3105, passed - -1986; Am. Ord. 3671, passed - -1996) §§ 33.0812 — 0819 (Reserved). (Ord. 3671, passed - -1996)