San Joaquin Municipal Code Ch. 96 Garbage Collection; Disposal

Section

General Provisions

Recyclable Materials in Development Projects

Cross-reference: Utilities Billing and Collection, see Chapter 53

GENERAL PROVISIONS

The city shall collect household garbage and refuse at least once each week from all residences and business establishments in the city upon payment to the city of the charges as are specified by the resolution of the City Council.

(1994 Code, § 8.16.010)

All garbage and rubbish shall be kept in water-resistant containers, which containers shall, at all times, be maintained in the public alley adjoining the property of the residence or business establishment receiving city garbage service; provided that, if there is no alley adjoining the property, then the container therefor shall at all times be maintained in the rear yard area of the subject property except on collection days when the container shall be deposited at the front curbline to facilitate efficient collection. It is unlawful for any person to keep garbage or rubbish, except as provided in this subchapter.

(1994 Code, § 8.16.020) Penalty, see § 10.99

All garbage and refuse collected by the city shall be disposed of at the county solid waste dump site provided therefor.

(1994 Code, § 8.16.030)

(A) Any person who owns or controls a premises within the city which premises is used as an occupied residence or place where persons reside shall subscribe to regularly scheduled mandatory recycling collection services with the authorized contract collector at all premises and pay the prescribed fees for the services.

(B) The owner or person in control of a premises described in this section shall separate recyclable materials, including, but not limited to, glass, plastic, cans, metals, cardboard and newspapers from rubbish, garbage and other non-recyclable materials. Rubbish, garbage and other non-recyclable materials shall be disposed of by placement in the container(s) provided by the authorized contract collector. Recyclable materials shall be recycled either by depositing them in receptacle(s) provided for that purpose by the authorized contract collector, or by transferring them to another recycling facility.

(C) A failure to separate and recycle recyclable materials shall be a violation of this subsection. The presence of recyclable materials in a container containing garbage and rubbish shall be evidence of a failure to separate and recycle recyclable materials.

(D) Upon a first violation of this division, in any calendar year, a representative of the authorized contract collector shall issue the owner or person in control of the premises a written warning of the violation. At a minimum, the written warning shall indicate the name of the person and the address of the premises, the identity of the person issuing the warning, the date of the violation, and instructions for proper recycling. The warning shall include the required information in Spanish and English.

(E) A second violation within a calendar year shall result in the imposition of a $25 penalty against the owner or person in control. A third or subsequent violation within a calendar year will result in the imposition of a $50 penalty against the owner or person in control. Each notice of violation shall be in writing and shall contain, at a minimum, the information provided in the written warning and a reference to this chapter. The notice of violation shall specify the amount of the penalties, instructions to make payment within 30 days at City Hall, and the information that delinquent penalties may be collected in the manner of other delinquent utility charges.

(F) Penalties imposed pursuant to this section shall be used exclusively to compensate the city for costs incurred in programs designed to achieve the waste reduction mandates set by the state in the Integrated Waste Management Act of 1989 or any other applicable state or local statute.

(G) A person named in a notice of violation may challenge the violation by writing to the City Clerk within 30 days of the issuance date. The challenge should include the reasons therefor and any evidence the person wishes to have considered in connection with the challenge. The decision of the City Clerk shall be final and shall be provided in writing to the person.

(Ord. 00-102, passed 7-11-2000)

Editor's note:

This section is currently undergoing review and revision by the city

Except for the city and its employees or authorized agents and their employees, officers or agents, it shall be unlawful for any other person to pick up, collect, take, appropriate or remove any object or material having value as a recyclable material after it has been deposited or placed in any recycling area, as defined in §§ 96.20 through 96.24 of this chapter, or in any receptacle intended for the storage or collection of recyclable materials.

(Ord. 03-101, passed 8-13-2003) Penalty, see § 10.99

RECYCLABLE MATERIALS IN DEVELOPMENT PROJECTS

(A) Cities and counties must divert 50% of all solid waste by 1-1-2000, through source reduction, recycling and composting activities.

(B) Diverting 50% of all solid waste requires the participation of the residential, commercial, industrial and public sectors.

(C) The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling and composting activities. This subchapter has been developed to meet that need.

(1994 Code, § 8.20.010)

For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

DEVELOPMENT PROJECT. Any of the following:

(1) A project for which a building permit is required for a commercial, industrial or institutional building, marina or residential building having five or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five or more living units; and

(2) Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.

PROJECT FOR WHICH A BUILDING PERMIT IS REQUIRED. At a minimum:

(1) All new projects;

(2) Any single alteration of an existing project requiring a building permit; and

(3) Any sum total of alterations requiring a building permit to an existing project conducted within a 12-month period.

RECYCLING AREA (AREAS FOR RECYCLING). Space allocated for collecting and loading of recyclable materials.

(1994 Code, § 8.20.020) (Ord. 93-103, passed - -1993)

(A) Any new development project for which an application for a building permit is submitted on or after 9-1-1993, shall include adequate, accessible and convenient areas for collecting and loading recyclable materials.

(B) Any improvements for areas of a public facility used for collecting and loading solid waste shall include adequate, accessible and convenient areas for collecting and loading recyclable materials.

(C) Any development project for which an application for a building; permit is submitted on or after 9-1-1993 for modifications that meet one or both of the conditions below shall include adequate, accessible and convenient areas for collecting and loading recyclable materials:

(1) Modification to the project adds 30% or more to the existing floor area; or

(2) The price of modification exceeds 10% of the then current assessed value of the subject parcel.

(1994 Code, § 8.20.030)

(A) Areas for recycling shall be adequate in capacity, number and distribution to serve the development where the project occurs.

(B) Dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is to be located.

(C) An adequate number of bins or containers to allow for the collection and loading of recycling materials generated by the development should be located within the recycling areas of development projects.

(D) The design and construction of recycling areas shall be compatible with surrounding land uses.

(E) Recycling areas shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons access for disposal of materials.

(F) Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions which might render the collected materials unmarketable.

(G) Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the hauler in the area in which development project exists.

(H) A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of access the recycling areas.

(I) Residential developers and property owners are encouraged to include recycling areas or systems within the residence, as roll-out drawers below the sink for recycling receptacles; fireproof, cleanable, secure chutes from the living space to the space for collecting and loading recyclable materials, and the like. Recommend internal storage space for individual living units of residential development projects is three cubic feet.

(1994 Code, § 8.20.040) (Ord. 93-103, passed - -1993)

(A) Recycling areas shall not be located in any area required by the municipal code to be constructed or maintained as unencumbered, according to fire and other applicable building and/or public safety laws.

(B) Any recycling area(s) shall be located so they are at least as convenient as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials should be adjacent to the trash collection areas.

(C) Each recycling area in a multi-family residential development shall be no greater than 250 feet from each living unit.

(1994 Code, § 8.20.050) (Ord. 93-103, passed - -1993)