San Joaquin County Municipal Code Div. 2 Solid Waste, Green Waste and Recyclables

"Automated collection container" means a standard container designed for automated collection.

"Board of Directors" shall mean the Board of Directors of the Mountain House Community Services District (MHCSD).

"Board of Supervisors" means the Board of Supervisors of San Joaquin County.

"Bulky goods" means large items of solid waste such as appliances, furniture, large auto parts, trees, branches, stumps and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods.

"Collection" means the collection and transport of solid waste, green waste and/or recyclables.

"Collection routes" means streets or areas designated for collection on a particular day/schedule.

"Collection vehicle" means any vehicle used by the collector for the collection of solid waste, green waste and/or recyclables.

"Collector" means a person authorized by a valid permit issued by the MHCSD to collect solid waste, green waste and/or recyclables within the boundaries of the MHCSD.

"Commercial refuse" means any waste material not included in residential or industrial refuse definitions.

"Construction and demolition debris" means waste building materials, packaging and debris resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.

"Construction and demolition sites" means sites where construction or demolition activities are taking place.

"County" means the County of San Joaquin, except those areas within any incorporated city.

"Customer" shall mean any person, firm, partnership, business, corporation, district or governmental agency that receives solid waste, green waste and/or recycling collection services from the MHCSD or its permittee.

"Disposal" means the final disposition of solid waste at a solid waste facility.

"Disposal area" means the premises or site, designated by the San Joaquin County Department of Public Works, where the disposal of waste, refuse and garbage, not produced on the premises or site, is permitted to occur.

"Department of Public Works" means the San Joaquin County Department of Public Works.

"Director of Public Works" means the Director of the San Joaquin County Department of Public Works or his or her designee.

"Drop box container" means the metal box designed for loading upon a vehicle for transportation to a solid waste or recycling facility. The box is to be of a size and design approved by the MHCSD General Manager, and furnished by a collector.

"General Manager" means the General Manager of the Mountain House Community Services District (MHCSD).

"Garbage" means any putrescible animal, fish, fowl, fruit, or vegetable waste resulting from the preparation, storage, handling, or consumption of foods, and also means vegetable and fruit packing waste, swill, and offal, and shall include containers or other nonputrescible material to which particles of putrescible material are attached.

"Green waste" and/or "yard waste" means leaves, weeds, grass cuttings, vines, shrubbery, similar soft vegetative materials, and woody prunings from trees for placement in a yard waste recycling container.

"Habitation unit" means a building or that portion of building which is designed and/or utilized primarily as a dwelling place for a single family.

"Hazardous substance" or "hazardous wastes" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in the Health and Safety Codes or in future amendments to or recodifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency pursuant to the Federal Resource Conservation and Recovery Act and all future amendments thereof.

"Household hazardous waste" means hazardous waste generated at a residential location within the MHCSD boundaries and includes, but is not limited to, batteries, antifreeze, soaps, cleaners, glues, paints, pesticides, pharmaceuticals and petroleum products. These products, when discarded, may become household hazardous waste if not properly discarded.

"Industrial refuse" means all liquid, semisolid or solid waste, except sewage, from any producing, manufacturing or processing business or operation, including food processing waste and vegetable and fruit packing waste and construction and demolition debris.

"Permittee" means any person collecting or transporting solid waste, green waste and/or recyclables pursuant to a permit issued by the MHCSD Board of Directors.

"Person" or "entity" means any individual, firm, association, organization, partnership, business trust, joint venture, corporation or company, and includes the United States of America, the State of California, the County of San Joaquin, the Mountain House Community Services District, and any city or other political subdivision of the State of California and any officer or agency thereof.

"Property owner" shall mean any person owning property within the boundaries of the MHCSD.

"Recyclable materials" means domestic, commercial or industrial byproducts which may have an economic value if recycled, which may be source separated, set aside, handled, packaged or offered for collection by the residence/business. Recyclables include, but are not limited to, glass, newspaper, plastics, metal, bi-metal, aluminum and other materials.

"Recyclables" means recyclable materials.

"Recycling" means the process of collecting, sorting, cleansing, treating, reconstituting and/or marketing recyclable materials which would otherwise be disposed of in a landfill. The collection, transport or disposal of solid waste which is not intended for, or capable of, being reused, shall not be construed to be recycling.

"Recycling container" means any container provided by an authorized recycling collector permittee to a customer for the purpose of segregating recyclable materials for collection by collector.

"Refuse," when used without a modifier, includes waste, commercial, industrial and residential refuse, vegetable and fruit packing waste, food processing waste, swill, offal, and animal and bird manure, rendering waste, garbage and construction and demolition debris.

"Rendering waste" means waste collected or saved, solely for purposes of commercial reduction for fats, tallow or fertilizer, by canneries, packing houses or sheds, markets, hotels, butcher shops, hospitals or similar institutions and establishments where large quantities of salvable garbage are produced.

"Resident" shall mean any person residing within the boundaries of the MHCSD.

"Residential refuse" means all types of waste material which originate from habitation units or parcels upon which a habitation unit is located, except that waste from hotels, motels and mobile home parks is not considered residential refuse.

"Solid waste" means all nonhazardous putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, green waste, food processing waste, residential refuse, paper, rubbish, ashes, industrial refuse, commercial refuse, demolition and construction debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, de-watered, treated or chemically fixed sewage sludge (biosolids), manure, vegetables or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

"Vegetable and fruit packing waste" means that solid and semisolid putrescible waste resulting from vegetables and fruit processing establishments (excluding retail stores) that process fruit and vegetables by cooking, placing in sealed containers, freezing, fermenting, crushing, drying, dehydrating, pasteurizing or other similar procedures.

"Waste" means the useless, unused, unwanted or discharged material and debris resulting from normal community activities, or materials which by their presence may injuriously affect the health, safety and comfort of persons and depreciate property values in the vicinity thereof, and all putrescible and nonputrescible solids or liquids, except sewage, whether combustible or noncombustible, not otherwise defined in the various definitions contained in this section.

(Ord. 4208 § 1 (part), 2004)

The provisions of this chapter shall apply to all residents and property owners in the MHCSD, all customers within the MHCSD, and any person or entity collecting solid waste, green waste and/or recyclables within the MHCSD.

Section 1—Permit to Collect Solid Waste, Green Waste and/or Recyclables.

Unless otherwise provided in this chapter, no person or entity shall collect or remove solid waste, green waste or recyclables from any property within the boundaries of the MHCSD or remove recyclable waste which has been placed at a designated collection location within the boundaries of the MHCSD without a valid permit issued by the MHCSD and pursuant to the provisions of this chapter.

(Ord. 4208 § 1 (part), 2004)

Unless otherwise provided in this chapter, the owner, occupant or owner occupant, as the case may be, of every developed property within the boundaries of the MHCSD shall subscribe for solid waste collection services from a solid waste collector having a valid permit issued by the MHCSD.

(Ord. 4208 § 1 (part), 2004)

Unless otherwise provided in this chapter, no person shall throw, drop, leave, dump, bury, place or otherwise dispose of any solid waste upon any property within the boundaries of the MHCSD, whether with or without intent to remove the same from such property; or upon any street, way, sidewalk, gutter, stream or creek or the banks thereof. or any public place or public property within the boundaries of the MHCSD, except as otherwise approved by the MHCSD General Manager at a permitted disposal area approved for such use or in an approved solid waste collection container,

No person shall throw solid waste in the solid waste container of another customer without that customer's permission. Solid waste material transported for disposal outside of the boundaries of the MHCSD shall be disposed of in a location approved by the MHCSD General Manager and at a facility designated by the San Joaquin County Department of Public Works.

(Ord. 4208 § 1 (part), 2004)

Every person who occupies a premises or utilizes a premises as a business location, and every owner of any unoccupied premises or property and every owner of two (2) or more family dwellings, apartment houses and multiple dwelling buildings or property zoned for use other than residential shall keep the same in a clean and sanitary condition, and shall not cause, suffer, or permit any solid waste to accumulate on such premises or property for a period in excess of one (1) calendar week. All solid waste created, produced, or accumulated at any industrial, commercial, or institutional establishment anywhere within the MHCSD shall be removed from the premises at least twice in each calendar week, except dry waste which does not spoil or deteriorate stored in a compactor and construction and demolition debris stored in a water tight container, which container must be emptied and the contents disposed of at a permitted disposal site at least every two (2) calendar weeks.

All solid waste shall be stored in a container approved by the MHCSD General Manager. The container shall be stored with the lid closed and in a location that is not visible from the street, providing however that this provision shall not be construed to prohibit:

(a) Any person from keeping building materials at such location on the property as may be deemed to be convenient and necessary by the owner during the period of active construction, reconstruction, or repair of building or structure thereon under a current valid building permit for a period not to exceed two (2) months after which time such storage may continue only pursuant to a permit issued by the MHCSD General Manager for such period of time as may seem appropriate in the sole discretion of the MHCSD General Manager upon demonstration that the work of construction, reconstruction or repair has been and will be diligently pursued. Demolition debris from such construction, reconstruction or repair activities, if kept on the property, shall be kept in a watertight industry standard hopper or debris box or other solid waste collection container approved by the MHCSD General Manager;

(b) Any person from storing green waste, not intended for composting, at such location for a period not to exceed two (2) weeks when such green waste has been generated from gardening or pruning plants or trees on the property where it is stored, or from Christmas trees used on the premises;

(c) Any person from the keeping of wood neatly piled, upon such premises for household use in a location which is not visible from the street;

(d) Any person from the composting of grass or trimmings, provided such composting is not visible from the street and does not emit an odor detectable beyond the property boundaries where the composting is occurring;

(e) Any person from the placing of leaves in the streets of the MHCSD pursuant to regulations approved by the MHCSD General Manager.

(Ord. 4208 § 1 (part), 2004)

Solid waste containers shall not be placed or allowed to remain in or on any street right-of-way except as otherwise authorized by the MHCSD General Manager, and shall be placed in such location on collection day as will be specified pursuant to regulations approved by the MHCSD General Manager. The customer shall store the container in a location consistent with the provisions of this chapter no later than midnight of the day that collection occurs.

Backyard collection service shall be provided to disabled or elderly single-family residential customers requiring this service and meeting eligibility criteria to be approved by the MHCSD General Manager.

(Ord. 4208 § 1 (part), 2004)

It shall be unlawful for any person occupying any premises within the boundaries of the MHCSD, or for any person owning, controlling or maintaining any premises within the boundaries of the MHCSD where solid waste is created, produced, or accumulated, to fail or neglect to provide a sufficient number of each approved type of standard containers for receiving and holding without leakage or escape of odors all solid waste produced, created or accumulated upon such premises, except as hereinafter provided; and all such persons shall deposit all such solid waste in the correct containers. It shall be unlawful: (1) to place garbage in a green waste or recyclable materials container; (2) to place recyclable materials in a container intended for the collection of garbage or green waste; or (3) to place green waste in a container intended for the collection of garbage or recyclable materials. All solid waste containers shall be at all times kept closed and in good, usable and sanitary condition.

The design, construction, size and color of containers for the collection of solid waste, green waste and recyclables are subject to the approval of the MHCSD General Manager.

Solid waste, green waste and recyclables that are not in a container approved by the MHCSD General Manager and in accordance with this chapter or such other regulations as may be adopted by the MHCSD Board or General Manager, need not be collected by a permittee; except that the permittee shall post a notice of noncompliance in a manner to be approved by the MHCSD General Manager and a record kept by the permittee of such noncompliance, with such information being provided to the MHCSD General Manager upon request.

(Ord. 4208 § 1 (part), 2004)

All places or premises within the boundaries of the MHCSD shall have sufficient containers of the type approved by the MHCSD General Manager to hold all solid waste, green waste and recyclables generated, produced or accumulated on the place or premises between collection dates as approved by the MHCSD General Manager. If required by the MHCSD General Manager or by resolution of the MHCSD Board, a customer shall have separate containers for refuse, recyclables and green waste. Except for single-family residential property, nothing herein shall be construed to prohibit the joint use of a container by two (2) or more customers upon approval of the MHCSD General Manager.

If solid waste containers are provided by a solid waste, green waste and/or recyclables collector with a valid permit from the MHCSD and are provided to the customer at no charge to the customer, then the customer shall be responsible to pay for damage to the container or loss of the container where loss of damage is due to customer misuse or negligence as determined by the MHCSD General Manager, and the customer shall reimburse the permittee at the current invoice cost for replacement as approved by the MHCSD General Manager.

(Ord. 4208 § 1 (part), 2004)

No person shall deposit in any container used for solid waste green waste or recyclables, any explosive, highly flammable, radioactive or otherwise hazardous material or substance. Household hazardous material shall not be included with other solid waste, green waste or recyclables in containers or buried in any lot or land or poured down sewers or storm drains. Household hazardous material shall be held at the property where it is generated or used until these items can be disposed in an authorized manner It shall be a violation of this chapter for any person to improperly dispose of household hazardous material.

(Ord. 4208 § 1 (part), 2004)

No solid waste, yard waste, manure or other combustible substance shall be burned in the open air within the boundaries of the MHCSD.

(Ord. 4208 § 1 (part), 2004)

All solid waste hauled by any person over public streets within the boundaries of the MHCSD shall be secured during the hauling thereof so as to prevent spillage or blowing.

(Ord. 4208 § 1 (part), 2004)

Where the customer is provided with separate containers for recyclable material, green waste, and all other solid waste material, the customer shall separate their solid waste into the appropriate containers pursuant to regulations approved by the MHCSD General Manager.

(Ord. 4208 § 1 (part), 2004)

Notwithstanding the provisions of this chapter, any person may remove or may cause to be removed from premises occupied by that person or under their control, all solid waste or recyclables created or produced on such premises if:

(a) Such removal shall be made only by the owner or occupant personally, or by employees of such owner or occupant, or green waste may be removed by a landscape gardening firm providing gardening services to such property. Self-hauling by the owner or occupant excludes use of, or subcontracting to, independent haulers, third parties, affiliates or subsidiaries.

(b) All vehicles used in carrying out such removal shall be owned by or under the exclusive control of the owner or occupant or by the landscape gardening firm in the case of green waste removal, and such vehicles and activities shall meet all the requirements of this chapter and all other law's and ordinances of the State of California and the MHCSD relating to solid waste disposal.

(c) The material is covered in a manner and with such material as to prevent waste leaking, blowing, littering or falling from any vehicle engaged in such removal.

(d) Such removal shall be done during such hours and under such conditions as may be approved by the MHCSD General Manager for the removal of solid waste, green waste and recyclables.

(e) Persons engaged in solid waste, green waste and/or recyclables removal pursuant to these requirements shall be responsible for any damage in excess of normal wear and tear to the MHCSD's driving surfaces, whether or not paved, resulting from the illegal weight thereof, or any leakage or spillage of oils, fluids or solids by or from vehicles used in such solid waste, green waste or recyclables removal.

(f) Solid waste, green waste and recyclables shall be disposed of at a location approved by the MHCSD General Manager and all recyclable material and green waste shall be separated from each other and from all other solid waste prior to being hauled to the disposal location, unless otherwise approved by the MHCSD General Manager.

(Ord. 4208 § 1 (part), 2004)

Collection of solid waste, green waste and recyclable materials shall be on a schedule to be approved by the MHCSD General Manager.

(Ord. 4208 § 1 (part), 2004)

Notwithstanding the provisions of this chapter, the MHCSD General Manager may authorize one (1) or more community clean up events. The MHCSD General Manager may designate the day and time of the events, material and items to be collected, method of collection, how and whether such materials may be separated for recycling, how the material shall be boxed, bundled, bagged or otherwise contained, the location where such material may be deposited, who may do the collection and where the material may be disposed.

(Ord. 4208 § 1 (part), 2004)

The MHCSD General Manager may, from time to time, inspect all premises within the boundaries of the MHCSD to determine compliance with and to enforce the provisions of this chapter.

(Ord. 4208 § 1 (part), 2004)

No person, other than a collector or person or entity with a valid permit issued by the MHCSD, shall place, locate, establish, maintain, erect, leave or otherwise make available any recycling receptacle within the boundaries of the MHCSD, unless such receptacle is solely for the deposit and storage of recyclable materials that are the byproduct of activities on the property where the receptacle is placed. The MHCSD General Manager is authorized to issue such permits, pursuant to rules and regulations established by the MHCSD General Manager, for recycling receptacles sponsored by and located on a site owned by a bona fide nonprofit organization, or religious organization, or public agency.

(Ord. 4208 § 1 (part), 2004)

Each customer receiving solid waste, green waste and/or recyclables collection service by a collector with a valid solid waste, green waste and/or recyclables collection permit granted by the MHCSD shall be liable for the rates, charges and fees for that service as established by the MHCSD Board of Directors.

It shall be and is hereby made the duty of each customer to ascertain from the MHCSD the amount and due date of any rates, charges and fees for which the customer is liable. It shall also be, and is hereby made, the duty of each customer liable for the rates, charges and fees to inform the MHCSD immediately of all circumstances, and of any change(s) in any circumstances, which will in any way affect the applicability or the amount of any rates, charges and fees to premises where solid waste collection service is being received.

(Ord. 4208 § 1 (part), 2004)

The MHCSD General Manager may cause to be accomplished any extra solid waste collection service that the MHCSD General Manager deems reasonably necessary to insure that solid waste is not accumulated or stored on the property in violation of any provisions of this chapter. The MHCSD General Manager may cause the cost thereof to be added to the regular billing for such solid waste collection service in the same manner as other charges, rates or fees are collected.

(Ord. 4208 § 1 (part), 2004)

Any vehicle or equipment used for solid waste, green waste and/or recyclables collection or related activities shall not be stored on a public street or other public property within the boundaries of the MHCSD. If stored within the boundaries of the MHCSD, such vehicles and equipment shall be stored on land with a land use zone designation which permits such storage and within a building or fenced yard. No vehicle shall be parked with a full or partial load of solid waste for more than twenty-four (24) hours, or sixty (60) hours over a weekend.

(Ord. 4208 § 1 (part), 2004)

Solid waste collection service charges, rates and fees imposed for solid waste collection to a customer, shall be collected together with the charges for water, wastewater and storm water services. Such solid waste charges shall be billed upon the same bill and collected as one (1) item with such other utility charges, unless other arrangements arc approved by the MHCSD General Manager.

(Ord. 4208 § 1 (part), 2004)

Nothing in this chapter shall be construed to prohibit the MHCSD General Manager from:

(a) Issuing a permit for a person or entity to haul and dispose of septic tank, sand trap and grease trap contents;

(b) Allowing other entities to carry out any MHCSD sponsored weed abatement program;

(c) Allowing the MHCSD or any of its contractors to haul and dispose of discarded material from any MHCSD tree trimming activities, landscape maintenance, leaf collection;

(d) Allowing the MHCSD or any other public agency from utilizing its own forces, or any officer or employee, or contractor thereof, to collect, remove and dispose of solid waste from their facilities or property (whether owned, leased, or an easement).

(Ord. 4208 § 1 (part), 2004)

Upon the placement of any solid waste, green waste and/or recyclables collection container on the day scheduled for collection at a site approved by the MHCSD General Manager or pursuant to regulations approved by the MHCSD General Manager, the materials contained therein become the property of the permittee whose responsibility it is to collect the solid waste pursuant to the conditions of the permit.

(Ord. 4208 § 1 (part), 2004)

Any customer found by the MHCSD to be in violation of any of the provisions of this chapter shall be deemed guilty of an infraction, and each day such violation is committed or permitted to continue after written notice has been served on the customer by the MHCSD General Manager or the Board of Directors shall constitute a separate offense and shall be punishable as such. The MHCSD may elect to prosecute such violation as an infraction(s) or as a civil violation(s) with fines or surcharges, or as both an infraction and as a civil violation.

(Ord. 4208 § 1 (part), 2004)

The MHCSD General Manager is hereby authorized to and may perform all the provisions of this chapter and is empowered to make interpretations of this chapter whenever a question may arise as to the necessity, manner or method for which solid waste, green waste and recyclables collection services are provided.

(Ord. 4208 § 1 (part), 2004)

The remedies and penalties provided for in this chapter shall be cumulative and shall be in addition to any of all other remedies available to the MHCSD General Manager and the MHCSD Board of Directors of the Mountain House Community Services District.

(Ord. 4208 § 1 (part), 2004)

If the MHCSD General Manager determines that this chapter has been violated and an emergency shutoff is not warranted, the MHCSD General Manager shall send a written notice to the customer explaining the violation. If, within ten (10) days of receipt of the written notice, the customer has not remedied the violation or requested an administrative hearing, water service to the parcel may be discontinued until the violation has been remedied.

The written notice of an administrative hearing shall state that the customer may appear in person at a hearing before the MHCSD General Manager upon request for such a hearing by the customer. The request must be made to the MHCSD General Manager within ten (10) calendar days of service of the notice indicating that the water service will be discontinued. The request for hearing must contain information as to the customer's address for the purpose of service of the decision of the MHCSD General Manager. The MHCSD General Manager shall conduct an administrative hearing within thirty (30) days of receipt of the appeal and render a written decision as to whether this chapter has been violated within ten (10) days of the administrative hearing. At the conclusion of the hearing, the MHCSD General Manager may find that the customer has violated this chapter, and order termination of water service to that customer. The MHCSD General Manager shall determine the administrative costs and costs of discontinuance of service to be charged against the customer. If, after the hearing, it is determined that this chapter has not been violated, the MHCSD General Manager shall not assess costs of administration or costs of water service termination against the customer. The MHCSD General Manager may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. The decision of the MHCSD General Manager shall be final. If the customer wishes to appeal the decision of the MHCSD General Manager, the appeal shall be directed in writing to the MHCSD Board of Directors within three (3) calendar days after receipt of the MHCSD General Manager's decision (not including Saturday, Sunday or holidays). The MHCSD Board of Directors may hear the appeal at their next regularly scheduled meeting or a special meeting called for the purpose of reviewing the appeal. The decision of the MHCSD Board of Directors shall be made and a notice of the decision shall be served on the appellant within three (3) calendar days of the Board's decision, not including Saturdays, Sundays or holidays. Water service shall not be disconnected during the time the MHCSD General Manager or the Board of Directors is reviewing the matter and until three (3) calendar days, not including Saturdays, Sundays or holidays, after the written decision is served on the appellant. The decision of the Board of Directors shall be the final administrative decision.

(Ord. 4208 § 1 (part), 2004)