San Fernando Municipal Code Art. I General Provisions

This chapter is known and may be cited as the "Solid Waste and Recyclables Collection Services Ordinance of the City of San Fernando".

(Ord. No. 1536, § 3, 10-21-2002)

It is the intent of the city council in adopting this chapter to set forth terms and conditions pursuant to which authorization may be granted by the city council to provide solid waste and recyclables collection services and street sweeping services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and processing of solid waste and recyclables, the disposal of solid waste, and street sweeping.

(Ord. No. 1536, § 3, 10-21-2002; Ord. No. 1551, § 2, 7-6-2004)

For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:

Authorized collector shall mean a solid waste enterprise operating under the provisions of a collection agreement approved by the city council.

Bin shall mean a detachable container used in connection with commercial/industrial premises with a capacity equal to or less than eight cubic yards that is serviced using a front end loading vehicle.

Box, sometimes known as a "roll-off," "drop" box or "debris" box, means a wheeled or sledded container or compactor, generally ten to 40 cubic yards in size, that is picked up in its entirety by a dedicated truck.

Bulky waste shall mean oversized or overweight household articles placed curbside by a residential householder, which oversized or overweight household articles have weights, volumes or dimensions which cannot be accommodated by solid waste, recyclables, or green waste containers for residential premises, such as stoves, refrigerators, water heaters, washing machines, furniture, sofas, mattresses, box springs, large rugs and landscaping debris.

Cart shall mean an industry-standard receptacle for, solid waste, recyclables, or green waste, made of metal, hard rubber or plastic, in a range of sizes of approximately 35, 65 or 95 gallons, with wheels, a handle for case of movement and a tight-fitting, attached lid, designed to be dumped mechanically into a collection vehicle.

City administrator shall mean the city administrator of the City of San Fernando or his or her designee.

Collection shall mean the operation of gathering together within the city, and transporting to the point of disposal or processing, any solid waste (including green waste) and recyclables.

Collection agreement shall mean an agreement between the city and a solid waste enterprise, entered into pursuant to article II of this chapter, for the provision of solid waste and recyclables collection services in the city.

Collection permit shall mean a permit issued by the city pursuant to this chapter, authorizing collection of that solid waste and recyclables not subject to collection by an authorized collector.

Collector shall mean any solid waste enterprise operating under the provisions of a collection agreement or collection permit.

Collector fee shall mean the fee paid to the city by a collector pursuant to this chapter.

Commercial/industrial business owner shall mean any person, holding or occupying, alone or with others, commercial/industrial premises, whether or not it is the holder of the title or the owner of record of the commercial/industrial premises.

Commercial/industrial premises shall mean all occupied real property in the city, except property occupied by state or local governmental agencies which, pursuant to state or federal law, are exempt from the requirement to utilize the city's authorized collector and except residential premises as defined herein, and shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional, services, sports or recreational facilities, construction and demolition sites, a multi-family residence that is not a residential premises, and any other commercial or industrial business facilities, structures, sites, or establishments in the city.

Construction and demolition sites shall mean any real property in the city in, on or from which a building or structure is being fabricated, assembled, erected, remodeled or demolished, and which produces construction and demolition waste which must be removed from the property, and requires the use of a bin or box for that purpose.

Construction and demolition waste shall mean any nonputrescible solid waste generated as the result of construction or demolition, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste, hazardous waste, and medical and infectious waste.

Container shall mean any bin, box or cart used for the purpose of holding solid waste or recyclables for collection.

Customer means any person or entity maintaining a service account with a collector for the performance of solid waste and recyclables collection services authorized under this chapter. The term customer is inclusive of persons or entities who are not the owners of the real property parcel or portion thereof to which the service account corresponds and which is receiving the benefit of the solid waste and recyclables collection services provided by the collector.

Disposal shall mean the complete operation of treating and disposing of solid waste after the collection thereof.

Disposal site shall have the meaning set forth in Public Resources Code § 40122.

Green waste shall mean that solid waste consisting of leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens, separated from other solid waste.

Hazardous waste shall have the meaning set forth in California Code of Regulations, Title 14, § 17225.32 and Health and Safety Code § 25117, or successor laws and regulations as may be amended from time to time.

Holiday shall mean:

(1) New Year's Day.

(2) Memorial Day.

(3) Independence Day.

(4) Labor Day.

(5) Thanksgiving Day.

(6) Christmas Day.

"Holiday" shall also mean any other day recognized by resolution of the city council, or designated in the applicable collection agreement.

Household hazardous waste shall have the meaning set forth in California Code of Regulations, Title 14 § 18502, or successor laws and regulations as may be amended from time to time.

Landscaping debris shall mean green waste that does not fit into a standard residential green waste container, and includes stumps or branches exceeding three inches in diameter or three feet in length.

Manure shall mean the waste droppings from any animal.

Medical and infectious waste shall mean biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments.

Mobile home shall have the meaning set forth in California Health and Safety Code § 18200.

Mobile home parks means a site at which mobile home spaces are rented for residential use.

Multi-family residence shall mean any building or structure, including but not limited to mobile home parks, or portion thereof, used for residential purposes having greater than four distinct living units.

Owner shall mean the person or other legal entity listed on the last equalized assessment roll for the County of Los Angeles as the owner of a lot or parcel of real property within the territorial boundaries of the city.

Processing shall mean the reduction, separation, recovery and conversion of solid waste.

Public agency shall mean any governmental agency or department thereof, whether federal, state, or local.

Recyclables shall mean those materials that are suitable for recycling, as determined by resolution of the city council, or as set forth in a collection agreement.

Recyclables container shall mean a container which is provided to residential premises for use in collecting and moving recyclables to curbside for collection by the collector, or a container which is provided to commercial/industrial premises for use by the collector in collecting and moving recyclables.

Recycling shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Recycling" does not include transformation as defined in Public Resources Code § 40201.

Residential householder shall mean any person or persons holding or occupying residential premises in the city, whether or not the owner of the residential premises.

Residential owner shall mean the owner of any residential premises within the city.

Residential premises shall mean: (i) any building or structure, or portion thereof, that is used for residential housing purposes and has four or fewer distinct living units; and (ii) any multiple unit residential complex which, with the prior written approval of the city administrator, receives standard residential collection service.

Resource recovery shall mean any use of solid waste collected pursuant to this chapter, except for disposal or transfer for disposal. "Resource recovery" shall include, but is not limited to, transformation, composting, and multi-material recycling.

Solid waste shall mean all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes; discarded home appliances; dewatered, treated, or chemically fixed sewage sludge which is not a hazardous waste; manure, green waste, vegetable or animal solid and semisolid wastes; special wastes; and other discarded solid and semisolid wastes. "Solid waste" does not include hazardous waste or medical and infectious waste.

Solid waste and recyclables collection services shall mean the collection, storage, or transfer of solid waste and recyclables.

Solid waste container shall mean any container permitted to be used for the purpose of holding solid waste for collection.

Solid waste enterprise shall mean any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste and recyclables collection services.

Special items shall mean any bulky or heavy objects that require bin service and are not bulky waste, including, but not limited to, dirt, sod, brick, manure, waste from any poultry yard or stable, and construction and demolition waste.

Special wastes include flammable waste; waste transported in a bulk tanker; liquid waste; sewage sludge; pollution control process waste; residue and debris from the cleanup of a spill or release of chemical substances or any other special wastes; contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of any other special wastes; dead animals; waste water; explosive substances; radioactive substances; industrial appliances; and abandoned vehicles and parts thereof.

Standard commercial/industrial solid waste container shall mean a state-of-the-art bin used in connection with commercial/industrial premises, designed for mechanical pick-up by collection vehicles and equipped with a lid, or where appropriate for the commercial/industrial premises being served, a state-of-the-art box, and shall include other types of containers suitable for the storage and collection of commercial/industrial solid waste if approved in writing by the city administrator.

Standard residential collection service includes the collection from residential premises units of the following: a single cart of solid waste, up to two carts of recyclables, up to two carts of green waste, used motor oil, universal waste, and up to two bulky item pickups per calendar year.

Standard residential green waste container shall mean a standardized cart designated for the collection of green waste, having the capacity designated in the applicable collection agreement, and of a design, color and durability as approved by the city administrator.

Standard residential recycling container shall mean a standardized cart designated for the collection of recyclables, having the capacity designated in the applicable collection agreement, and of a design, color and durability as approved by the city administrator.

Standard residential solid waste container shall mean a standardized cart designated for the collection of solid waste, having the capacity designated in the applicable collection agreement, and of a design, color and durability as approved by the city administrator.

Transfer station shall have the meaning set forth in Public Resources Code § 40200.

Universal waste includes batteries, thermostats, lamps, and cathode ray tubes. "Universal waste" shall have the meaning set forth in California Code of Regulations, Title 22 § 66273.9, or successor laws and regulations as may be amended from time to time.

Used motor oil means motor oil that has been drained from noncommercial vehicles by residential householders.

Vacant property shall mean real property that is not occupied by any person for a period of 30 days or more.

Wheel out service shall mean the act of retrieving the solid waste, recyclables, and green waste carts from the side of residential premises, moving them to the curb for collection, and returning them to their original location.

Nothing contained in this section shall be deemed to preclude the city and any collector from incorporating into any collection agreement definitions relating to their respective contractual rights and obligations, which may differ from or augment those set forth herein.

(Ord. No. 1536, § 3, 10-21-2002; Ord. No. 1655, §§ 2, 3, 5-16-2016)