Chapter 9.10

SOLID WASTE MANAGEMENT

Parts:

1 Purpose

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§ 9.10.010

• 2 Definitions 3 General Regulations

• 4 Collection of Recyclable Materials 5 Disposal of Solid Waste

• 6 Solid Waste Disposal Facilities 7 Residential Solid Waste Regulations 8 Payment for Residential Solid Waste Services

• 9 Commercial Solid Waste Regulations 10 Special Provisions for Central Business District and Transit Mall Zone

• 11 Commercial Solid Waste and Recyclables Collection Franchises

• 12 Mixed Use Developments 13 Single-Use Carry-Out Bag 14 Swill Regulations 15 Construction and Demolition Diversion Deposit Program

• 16 Enforcement 17 Polystyrene Foam Disposable Food Service Ware

• 18 Edible Food Recovery

• 19 Single-Use Foodware Accessories and Condiments

Part 1

PURPOSE

Section:

This chapter is determined and declared to be a health, sanitary and safety measure necessary for the promotion, protection and preservation of the health, safety and general welfare of the people of the City of San José. (Ord. 24315.)

Part 2

DEFINITIONS

Sections:

• 9.10.021 AB 341.

• 9.10.022 AB 1826.

• 9.10.023 Authorized organic material collector.

• 9.10.030 Authorized recycling collector.

• 9.10.040 Bulky goods.

• 9.10.041 CalRecycle.

• 9.10.042 California Code of Regulations. 9.10.050 Cannery waste. 9.10.060 Commercial premises. 9.10.070 Commercial solid waste.

• 9.10.075 Commercial solid waste container. 9.10.076 Community composting. 9.10.080 Composting. 9.10.085 Construction and demolition debris. 9.10.090 Construction and demolition debris collector.

• 9.10.100 Designated collection location. 9.10.110 Director. 9.10.120 Garbage. 9.10.130 Generator. 9.10.140 Handling. 9.10.150 Hazardous material. 9.10.151 Illegal dumping. 9.10.152 Large event. 9.10.153 Large venue. 9.10.154 High diversion organic waste processing facility.

• 9.10.155 Material service classification. 9.10.160 Commingled recyclables. 9.10.161 Medical waste. 9.10.165 Mixed use development. 9.10.170 Multifamily dwelling. 9.10.175 Organic material. 9.10.180 Owner.

• 9.10.185 Parcel. 9.10.190 Premises. 9.10.191 Processing.

9.10.020 General.

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§ 9.10.020

The definitions set forth in this Part 2 shall govern the meaning and interpretation of this Chapter 9.10.

(Ord. 24315.)

"AB 341" means Assembly Bill 341 of 2011 approved by the Governor of the State of California on October 5, 2011, which amended Sections

41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time. (Ord. 30684.)

"AB 1826" means Assembly Bill 1826 of 2014 approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time.

(Ord. 30684.)

• A. "Authorized Residential Organic Material Collector" means a person authorized under and by virtue of a contract with the City to provide Organic Material services to Residential Premises in the City.

• B. "Authorized Commercial Organic Material Collector" means a person authorized under and by virtue of a franchise granted pursuant to Part 11 of this Chapter or a permit issued pursuant to Part 13 of this Chapter to provide Organic Material collection services at Commercial Premises.

• C. "Authorized Organic Material Collector" means either an Authorized Residential Organic Material Collector or an Authorized Commercial Organic Material Collector.

• (Ord. 30684.)

• A. "Authorized residential recycling collector" means a person authorized under and by virtue of a contract with the city to provide recycling services to residential premises in the city.

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• B. "Authorized commercial recycling collector" means a person authorized under and by virtue of a franchise granted pursuant to Part 11 of this chapter or a permit issued pursuant to Part 13 of this chapter to provide recycling services at commercial premises.

• C. "Authorized recycling collector" means either an authorized residential recycling collector or an authorized commercial recycling collector.

• (Ords. 24315, 25401, 25835.)

"Bulky goods" means discarded: furniture; carpets; mattresses; household appliances including refrigerators, ranges, washers, dryers, water heaters, and dishwashers and other similar items (commonly known as "white goods"); electronic equipment such as stereos, televisions, computers, and VCRs and other similar items (commonly known as "brown goods"); clothing; tires; and oversized yard wastes such as tree trunks and branches not exceeding two feet in diameter and four feet in length. Bulky goods does not include any motor vehicle or any subassembly, component or part thereof (except tires).

(Ord. 24315.)

"CalRecycle" means California's Department of Resources Recycling and Recovery. (Ord. 30684.)

"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of the CCR). (Ord. 30684.)

"Cannery waste" means semiliquid slurry wastes and vegetable wastes which are generated by bulk food processors such as, but not limited to, canneries and frozen food processors and which:

• A. Are suitable for land spreading as a disposal method; and

• B. Are segregated from other waste materials and kept and accumulated in separate containers by the generator thereof for the purpose of having it disposed of by land spreading; and

• C. Are actually and lawfully disposed of by land spreading.

• (Ord. 24315.)

"Commercial premises" means all premises except residential premises. (Ord. 24315.)

"Commercial solid waste" means solid waste generated at commercial premises. (Ord. 24315.)

"Commercial solid waste container" means any container used for the storage of commercial solid waste.

(Ord. 24718.)

"Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). (Ord. 30684.)

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"Composting" or "Compost" means any process in which waste organic matter decomposes in a controlled environment and the product derived from such process.

(Ords. 24315, 30684)

• "Construction and Demolition Debris" means:

• A. Recyclable and non-recyclable waste building materials, packaging, and rubble resulting solely from construction, remodeling, repair and demolition operations on any house, residential property, commercial building, pavement or other structure for which the City requires a building or demolition permit issued under Chapter 24.02 of San José Municipal Code or from a non-permitted municipal project and pursuant to a temporary service agreement of no longer than (1) year; or

• B. Rock, concrete, asphalt and dirt. Construction and Demolition Debris may include materials that have been Source Separated.

(Ords. 29070, 30684.)

• A. "Construction and Demolition Debris Collector" means any person who engages in the business of collecting, transporting and/or disposing of either of the following:

  1. Construction and Demolition Debris.

  2. Residential clean-out material resulting from the cleaning out of Residential Premises and collected in roll-off or frontload containers rented for a period of one (1) week or less.

• B. "Construction and Demolition Debris Collector" includes persons who engage in the activities described in subsection A. incidentally to the business of demolition, construction or remodeling.

(Ords. 24315, 29070, 30684.)

"Designated Collection Location" means:

• A. Any container designated by posted signs, marked or labeled as a container for a specified material type.

• B. Any place where an authorized collector has contracted to collect Solid Waste or material segregated from other waste material, including the curbside of a Residential Premises or the service alley of a Commercial Premises.

• C. Any place designated in a contract between the City and an authorized collector from which the authorized collector has contracted to collect uncontainerized material.

• (Ords. 24315, 30684.)

"Director" means the Director of Environmental Services or the Director's designee. (Ords. 24315, 30684.)

• A. "Garbage" means putrescible wastes including kitchen and table food wastes; animal or nonputrescible wastes that are mixed in the same container with or are contaminated by putrescible wastes; infectious wastes, such as used tissues and disposable diapers, which are normally produced at Residential Premises; small dead animals not exceeding ten (10) pounds in weight; and any putrefactive or easily decomposable waste material that is likely to attract flies, vermin, birds or rodents.

• B. Garbage does not include materials that are separated and set aside for Recycling or Composting and does not include Hazardous Material.

• C. The determination as to whether material is Garbage shall be made by the Director based on a consideration of the purposes of this Chapter.

• (Ords. 24315, 30684.)

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"Generator" means any person that generates Solid Waste, Organic Material, or Recyclable Material.

limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers and magazines.

(Ord. 29645.)

(Ords. 24315, 30684.)

"Handling," when used in connection with solid waste, means the keeping, storage, collection, transportation and processing of solid waste. (Ord. 24315.)

• A. "Hazardous material" means any material or combination of materials which, because of its quantity, concentration or physical, chemical or infectious characteristics, may either:

  1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

  2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed.

• B. Hazardous material includes hazardous wastes as defined under California or United States law or any regulations promulgated pursuant to such law, as such law or regulations may from time to time be amended.

• (Ord. 24315.)

"Illegal dumping" means the willful, intentional or negligent depositing, throwing, dropping, placing or dumping of solid waste or hazardous materials on public or private property that is not expressly designated for the purpose of disposal or dumping of solid or hazardous materials. "Illegal dumping" does not include littering, discarding or dropping small quantities of solid waste ordinarily carried on or about the person, or escaping from trash containers or garbage carts including but not

"Large event" means the temporary or periodic use or occupancy of a public street, publicly owned site or facility, or public park within the city for a civic, commercial, recreational, or social event attended by an average of one thousand or more persons per day of operation of the event. (Ord. 28543.)

"Large venue" means venue facilities such as, but not limited to, stadiums, museums, concert halls, and parks and attractions located within the city with an average attendance of more than two thousand persons per day of operation of the venue. (Ord. 28543.)

"High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Material received from the "Mixed Waste Organic Collection Stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). (Ord. 30684)

"Material service classification " means the material or class of materials (e.g., "rubbish only," "mixed recyclables," "glass only") allowed to be placed or stored in a particular commercial solid waste container or in a debris box used to store

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residential rubbish, as determined by the franchise granted to the collector of the materials and by the rules and regulations promulgated by the director. (Ord. 24718.)

• A. "Commingled recyclables" means source separated recyclables that are:

  1. Commingled in a container in a combination specified in rules promulgated by the director; and

  2. Segregated from other waste materials by the generator for the purpose of recycling.

• B. Except for incidental residue as specified in rules promulgated by the director, "commingled recyclables" does not include materials which are separated for recycling but are disposed of by landfilling.

(Ords. 24315, 25835.)

"Medical Waste" means waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). (Ord. 30684.)

"Mixed used development" means any permanent premises used for both residential and commercial purposes where the residential units do not receive separate or individual solid waste collection service. "Mixed used development" does not include any portion of such premises that is used as a hotel, motel, guesthouse, residential care facility, extended care facility, sorority or fraternity house, school, dormitory, residential service facility, emergency residential shelter, hospital, convent or monastery.

(Ord. 26625.)

• A. "Multi-Family Dwelling" means any permanent Premises of at least two (2) units used for

residential purposes where the units do not receive separate or individual Solid Waste collection service. By way of illustration, MultiFamily Dwelling includes apartment buildings, attached Single-Family Dwellings such as townhouses and condominiums, and mobilehome parks, in which the units do not receive separate or individual Solid Waste collection service.

• B. Multi-Family Dwelling does not include any Mixed Use Development, hotel, motel, guesthouse, Residential Care Facility serving seven or more persons, extended care facility, sorority or fraternity house, school, dormitory, residential service facility, emergency residential shelter, hospital, convent or monastery.

(Ords. 24315, 26625, 30684.)

"Organic Material" means materials originating from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). (Ord. 30684.)

"Owner" means the person holding legal title to any real property located in the city. (Ord. 24315.)

"Parcel" means a lot or unit of land which is separately assessed for property tax purposes by the Santa Clara County Tax Collector ("tax collector") or if not subject to assessment by the tax collector, a lot or unit of land which may be lawfully sold as a separate parcel in conformity with the provisions of Title 19 of this Code.

(Ord. 29562.)

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"Premises" means any land, building and/or structure or portion thereof in the city. (Ord. 24315.)

"Processing" means the reduction, separation, recovery, conversion, or recycling of Solid Waste, Recyclable Material, or Organic Material. (Ord. 30684.)

"Prohibited Container Contaminants" means discarded materials placed in a container that are not identified as acceptable for the container type. (Ord. 30684.)

"Recyclable material" means materials which are segregated from other waste material for the purpose of recycling and includes, but is not limited to, paper, glass, metals, wood, plastics, yard wastes, bulky goods and waste oil. (Ord. 24315.)

tions including without limitation the applicable provisions of the San José Zoning Code contained in the San José Municipal Code, Title 20, and be in conformance with all permits issued pursuant to said Title 20.

(Ords. 24315, 25835.)

"Residential Care Facility" is a facility licensed by the State of California where care, services or treatment is provided to persons living in a community residential setting. (Ord. 30684.)

"Residential premises" means single-family dwellings and multifamily dwellings. (Ord. 24315.)

"Residential solid waste" means solid waste generated at residential premises. (Ord. 24315.)

"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise be disposed of by landfilling or transformation, and returning such materials to the economic mainstream in the form of raw material for new, reused or reconstituted products. (Ord. 24315.)

"Recycling center" means a facility or site which accepts segregated or commingled recyclable materials for the purpose of recycling and shall include a facility or site established pursuant to the California Beverage Container Recycling and Litter Reduction Act, California Public Resources Code, Section 14500 et seq. In order to be a recycling center, the facility or site must be in conformance with all applicable federal, state and local laws and regula-

"Rubbish" means all waste shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, earth, rock, used, demolished or discarded building materials, and other waste material not included in the definitions of "Garbage," "Stable Matter" or "Swill" set forth in this Part. (Ords. 24315, 30684.)

"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Re-

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sources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

(Ord. 30684.)

"Self-Hauler" means a person, who hauls Solid Waste, Organic Material or Recyclable Material he or she has generated to another person. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). (Ord. 30684.)

• A. "Source separated recyclables" means recyclable material that is segregated by the generator, for the purpose or recycling, into one of the following categories: paper, glass, metals, plastics, wood, beverage containers, soil, concrete, swill, cannery waste, and such other categories as may be designated in rules promulgated by the director.

• B. Source separated recyclable does not include materials in any of the categories listed in subsection A. that are commingled in a container with any other materials, including materials in another listed category.

• C. Except for incidental residue as specified in rules promulgated by the director, "source separated recyclables" does not include materials which are separated for recycling but are disposed of by landfilling.

(Ords. 24315, 25401, 25835.)

"Single-family dwelling" means permanent premises used for or designated as a single-family residential dwelling. Single-family dwelling includes each part of a (a) condominium project, (b) duplex, (c) triplex, (d) townhouse project, (e) mobilehome park, or (f) apartment building which has been approved by the director for separate or individual solid waste collection service. (Ord. 24315.)

"Solid Waste," also referred to in this Chapter as "Mixed Waste," has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including Garbage, trash, refuse, paper, Rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that Solid Waste does not include any of the following wastes:

• A. Hazardous waste, as defined in the State Public Resources Code Section 40141.

• B. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

• C. Medical Waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated Medical Waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical Waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

(Ords. 24315, 30684.)

"Solid waste collector" means:

• A. Any person authorized to perform residential solid waste collection services in the city pursuant to a collection agreement existing between such person and the city; and

• B. An authorized recycling collector; and

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• C. Any person authorized to perform commercial solid waste collection services in the city pursuant to:

  1. A collection agreement existing between such person and the city; or

  2. A franchise granted in accordance with the provisions of Part 11 of this chapter.

• (Ords. 24315, 25401.)

"Solid waste collection service charges" is the sum of the fee for solid waste collection services and the source reduction and recycling fee imposed pursuant to Section 9.10.1120. (Ord. 29562.)

"Solid waste disposal facility" means a facility or site where final disposal of solid waste occurs and such facility or location meets all of the following requirements:

• A. The facility or site is designated as a disposal site in the Integrated Waste Management Plan for Santa Clara County; and

• B. The facility or site is operating pursuant to a solid waste facilities permit issued pursuant to Chapter 3 of Part 4 of Division 30 of the California Public Resources Code; and

• C. The facility or site is in conformance with all applicable state, federal and local laws and regulations including without limitation the applicable provisions of the San José Zoning Code contained in San José Municipal Code, Title 20, and all permits issued pursuant to said Title 20.

(Ord. 24315.)

"Solid Waste Enclosure" means a walled structure with a solid cover for the storage of Solid Waste with a drainage system connected to the

sanitary sewer and wash system that are adequate to accommodate anticipated waste generated at the Premises.

(Ord. 30684.)

"Solid Waste Room" means an enclosed and ventilated space with a drainage system connected to the sanitary sewer and wash system that are adequate to accommodate anticipated waste generated at the Premises.

(Ord. 30684.)

"Source Separation" or "Source Separated" means the segregation by the Generator of Recyclable or Organic Materials from other Solid Waste by placing the Recyclable or Organic Materials in separate Solid Waste containers, by binding the materials separately from other waste materials, or by physically separating the materials from other waste materials.

(Ords. 24718, 30684.)

"Stable matter" means all manure and other waste matter normally accumulated in and about stables or any farm animal, livestock or poultry enclosures resulting from the keeping of farm animals, poultry or livestock.

(Ord. 24315.)

"Swill" means any animal or vegetable waste resulting from the handling, packing, canning, cooking, preparing or processing of food, which:

• A. Is fit for consumption by and may lawfully be fed to animals, or which will be made fit by heat or other treatment for consumption by animals and may thereafter be lawfully fed to animals; and

• B. Has been segregated from other refuse and kept and accumulated in separate

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containers by the generator thereof for the purpose of feeding it or having it fed to animals; and

• C. Is actually and lawfully fed to animals.

• (Ord. 24315.)

"Swill collector" means any person who collects swill. (Ords. 24315, 25401.)

"Tenant" means any person or persons, other than the owner, occupying or in possession of a premises. (Ord. 24315.)

"Transfer/processing station" means a facility or site where solid wastes are transferred from hauling vehicles to transfer vehicles and the solid waste or a portion thereof may undergo incidental processing, recycling or further handling before transport to a disposal facility or other waste handling facility, and includes a facility or site where solid wastes are subject to processing operations involving reduction, separation, resource recovery or conversion. The transfer/processing station must meet all of the following requirements:

• A. The facility or site is designated as a transfer station or waste processing facility in the Integrated Waste Management Plan for Santa Clara County; and

• B. The facility or site is operating pursuant to a solid waste facilities permit issued pursuant to Chapter 3 of Part 4 of Division 30 of the California Public Resources Code; and

• C. The facility or site is in conformance with all applicable federal, state and local laws and regulations including without limitation the applicable provisions of the San José Zoning Code contained in San José Municipal Code, Title 20, and all permits issued pursuant to said Title 20.

• (Ord. 24315.)

"Transformation" means incineration, pyrolysis, distillation, gasification, anaerobic digestion, or biological conversion other than Composting. Transformation does not include Composting. (Ords. 24315, 30684.)

"Waste oil" means oil of a type approved by the director for collection in the city's waste oil collection component of the integrated waste management services provided to residential premises, including oil that has been refined from crude oil, or has been synthetically produced, and is either (1) no longer useful because of extended storage, spillage or contamination with nonhazardous impurities such as dirt or water, or (2) has been used and as a result of such use has been contaminated with physical or chemical impurities. Waste oil does not include transmission fluid.

(Ord. 24315.)

"Yard Waste" means grass, weeds, leaves, tree trimmings, plants, shrubbery prunings, and such other similar materials which are generated in the maintenance of yards, gardens or commercial landscaping in the City and which are separated from other Solid Waste materials and placed in a Designated Collection Location.

(Ords. 24315, 30684.)

Part 3

GENERAL REGULATIONS

Sections:

• 9.10.400 Responsibility for compliance.

• 9.10.410 General requirements.

• 9.10.420 Garbage containers required.

• 9.10.430 General requirements for garbage containers.

• 9.10.440 Rubbish - Accumulation requirements.

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• 9.10.450 General requirements for rubbish containers.

• 9.10.455 Shared solid waste containers - Permit required.

• 9.10.457 Shared solid waste containers - Commercial premises limitation.

• 9.10.458 Solid waste enclosures and rooms.

• 9.10.460 Stable matter containers.

• 9.10.470 Ashes, stable matter and contaminated matter.

• 9.10.480 Hazardous materials restrictions.

• 9.10.490 Contaminated solid waste - Pickup and storage restrictions.

• 9.10.500 Contaminated refuse - Procedure when epidemic declared.

• 9.10.510 Sidewalks and public ways - Duty of owners or occupiers of property.

• 9.10.520 Weekly Removal of Solid Waste.

• 9.10.525 Authorized solid waste collector required.

• 9.10.530 Requirement for more frequent removal of solid waste.

• 9.10.540 Dangerous accumulation prohibited.

• 9.10.545 Illegal dumping of solid waste or hazardous materials prohibited.

• 9.10.550 Collection and transportation of solid waste.

• 9.10.560 Interference with collector prohibited.

• 9.10.565 Self-hauler requirements.

• 9.10.570 Doing business without authorization prohibited - Liability.

• 9.10.580 Charges deemed debt to city - Recovery.

• 9.10.590 Records - Maintenance, audit and inspection.

The primary responsibility for proper handling of solid waste generated or accumulated on

any premises shall be on the generator of the solid waste. Should the generator refuse, neglect or fail to provide for the proper handling of solid waste in accordance with this chapter, the owner of the premises within or upon which the solid waste has been generated or accumulated shall provide for proper handling of the solid waste in accordance with the provisions of this chapter.

(Ord. 24315.)

• A. Except as authorized by the provisions of this chapter:

  1. No person shall store, place, maintain, or accumulate any solid waste, nor permit the storage, placement, maintenance, or accumulation of any solid waste within or upon any property or place owned, leased or rented by such person or in such person's possession or control.

  2. No person shall store, place, maintain or accumulate any solid waste in or upon any premises in the city other than the premises where such solid waste is generated.

  3. No person shall permit any premises owned, leased or rented by such person or in such person's possession or control to be used for the storage, placement, maintenance, or accumulation of any solid waste other than solid waste generated on such premises.

  4. No person shall store, place, maintain, or accumulate any solid waste on or in any public place or public property including without limitation any street, way, sidewalk, gutter, stream or creek or the banks thereof.

  5. No person shall dispose of any solid waste, nor permit the disposal of any solid waste, on any premises owned, leased or rented by such person or in such person's possession or control.

• B. No person shall sort, separate or segregate any solid waste of any kind within or upon any

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public street or place, unless so authorized by the city health officer or the city council, and then only in the manner, place and time and subject to such restrictions as may be imposed by the health officer or the city council. (Ords. 24315, 31220.)

Any and all garbage generated within or upon any premises in the city shall be placed without delay in garbage containers authorized by this chapter, and, except in accordance with a permit issued pursuant to Section 9.10.455, shall be stored in such containers on the premises where generated until disposed of in accordance with the provisions of this chapter.

(Ords. 24315, 24684, 26625.)

• A. All garbage containers used in the city shall be nonabsorbent, watertight, vector-resistant, durable, easily cleanable, and designed for safe handling. In any case where the provisions of this chapter permit the storage of garbage in plastic bags, the bags shall have sufficient strength to hold the garbage and shall be designed for the containment of solid waste.

• B. Except when the containers are set out for collection, the garbage generator shall keep and maintain all garbage containers within the side or rear yard of the premises where the garbage is generated.

• C. No person shall place any garbage container in any place or in any manner such that the container impedes normal vehicular traffic, public transportation or pedestrian or wheelchair access to public rights-of-way.

• D. Except when garbage or other solid waste is being placed into or removed from the container, the garbage generator shall keep each and every garbage container sealed with a tight-fitting cover or wire twist-tie so as to

prevent the escape or leakage from the container of any garbage or other solid waste or of any offensive vapors, gases or odors.

• E. The garbage generator shall not cause or permit any garbage container to be filled in any manner which causes solid waste to overflow from the container.

• F. The garbage generator shall at all times keep the garbage container clean and sanitary, shall treat the garbage container in such manner and to such extent and with such substance as may be necessary to repel and keep away flies and rodents, and shall keep the garbage container odorproof.

• G. The garbage generator shall not cause or permit garbage to be so compacted or otherwise placed, kept or accumulated in any garbage container in a manner which does not allow the contents of the garbage container to fall out, by their own weight, upon the container being lifted and turned upside down.

• (Ord. 24315.)

• A. Any and all rubbish generated within or upon any premises in the city shall be placed by the generator in rubbish containers of the type authorized by this chapter, and, except in accordance with a permit issued pursuant to Section 9.10.455, shall be stored on the premises where generated until disposed of in accordance with the provisions of this chapter.

• B. In all cases where rubbish is combined with garbage, the rubbish shall be handled in accordance with the provisions of this chapter which apply to the handling of garbage.

• (Ords. 24315, 26625.)

• A. Except when the containers are set out for collection, the rubbish generator shall keep and maintain all rubbish containers within the side or rear yard of the premises where the rubbish is generated.

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§ 9.10.455

• B. The rubbish generator shall not cause or permit any rubbish container to be filled in any manner which causes solid waste to overflow from the container.

• C. The rubbish generator shall at all times keep the rubbish container clean and sanitary, shall treat the rubbish container in such manner and to such extent and with such substance as may be necessary to repel and keep away flies and rodents, and shall keep the rubbish container odorproof.

• D. The rubbish generator shall not cause or permit rubbish to be so compacted or otherwise placed, kept or accumulated in any rubbish container in a manner which does not allow the contents of the container to fall out, by their own weight, upon the container being lifted and turned upside down.

• (Ord. 24315.)

• A. No person shall store Residential Solid Waste on any Residential Premises other than the Residential Premises where the Residential Solid Waste was generated except in accordance with a permit issued pursuant to this Section.

• B. No person shall collect Garbage, Organic Materials, or recyclables from a container shared by two (2) or more Multi-Family Dwelling Premises unless the Director has issued a permit pursuant to this Section authorizing the Residential Premises to share that container.

• C. The Director may issue a permit to authorize two (2) or more Multi-Family Dwelling Premises to share Garbage, Organic Materials, or recyclables containers if all of the following conditions are satisfied:

  1. The Owners of the adjacent Multi-Family Dwelling Premises, or the Owners' agents, apply to the Director, in writing, for a permit to share Garbage, Organic Materials, or recyclables containers.

  2. The application for the permit includes a written statement signed by the Owner of each of the affected Premises, or the Owner's agents, designating which of the Owners will assume full responsibility for the payment of all charges for Solid Waste collection services made available to the affected Premises, designating which of the Owners shall be responsible for the maintenance of the containers and the area in which the containers are placed, and designating, by address and assessor's parcel number, which of the affected Premises shall be subject to the special assessment procedures and charges set forth in Part 8 of this Chapter.

  3. The Director has determined that placement of Garbage, Organic Materials, or Recyclable Material in the shared containers can be accomplished without transporting the Garbage, Organic Materials, or Recyclable Material on or across any public street (excluding alleys between the affected Premises).

  4. The Director has determined that space constraints at the Multi-Family Dwelling Premises make it difficult to site Garbage, Organic Materials, or recyclables containers in such numbers and such sizes as will accommodate the volume of Garbage, Organic Materials, or Recyclable Material generated at the Premises.

• D. The Director may impose conditions on the permit issued pursuant to subsection A. or subsection B., as determined by the Director to be consistent with the purposes and provisions of this Chapter. Such conditions may include, but are not limited to, restrictions on the number of containers, restrictions on the size or capacity of containers, and restrictions on the placement of the containers.

• E. Upon written notice to the Owners of the Multi-Family Dwellings, or to the Owners' agents, the Director may revoke any permit to share Garbage, Organic Materials, recyclables

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or Rubbish containers given pursuant to subsection A. or B. above if the Director finds any of the following conditions exists:

1. The ownership of any of the affected Multi-Family Dwellings has changed.

2. The space constraints which made it difficult to site Garbage, Organic Materials, recyclables or Rubbish containers sufficient to accommodate the volume of Garbage, Organic Materials, Recyclable Material or Rubbish generated at the Residential Premises no longer exist.

3. The sharing of containers is not in conformance with the conditions of the permit.

4. The bill for collection services made available at the Residential Premises remains delinquent for more than ninety (90) days.

5. The Solid Waste generated or accumulated on any of the Residential Premises is not handled in conformance with the requirements of this Chapter or applicable law.

(Ords. 26625, 27725, 29070, 30684.)

• A. No person owning or occupying a Commercial Premise shall share a Garbage, Organic Materials, Recyclable Material or Rubbish container with another Commercial Premise if sharing the container contributes to the transportation of Garbage, Organic Materials, Recyclable Material or Rubbish on or across any public street (excluding alleys between the affected Commercial Premises).

• B. No person owning or occupying a Commercial Premise shall share a Garbage, Organic Materials, Recyclable Material or Rubbish container with another Commercial Premise if sharing the container has an adverse effect on the flow of vehicular or pedestrian traffic.

• (Ords. 29070, 30684.)

• A. All Solid Waste, Recyclable Material, or Organic Material produced on a Commercial Premises, Multi-Family Dwellings, or Mixed Use Developments with a Solid Waste Enclosure or Solid Waste Room shall be stored in the Solid Waste Enclosure or Solid Waste Room when such material is not set out for collection by an authorized Collector.

• B. All Commercial Premises, Multi-Family Dwellings, or Mixed Use Developments constructed, enlarged, or structurally altered after January 1, 2022 shall have a Solid Waste Enclosure or Solid Waste Room. For the purposes of this Section, "structurally altered" means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders. The Director may grant waiver to this requirement in accordance with Section 9.10.3020.

• C. The development permit application shall show the proposed path of travel for the authorized collector to access a Solid Waste Enclosure, Solid Waste Room, or the material generated at the Premises when set out for collection. The path of travel must accommodate the required width, turning radius, and overhead clearances of the collector's vehicle. The Director may require alterations to the development application to accommodate the travel and collection activities conducted by a collector vehicle.

• D. The development permit application shall show the Solid Waste Enclosure or Solid Waste Room to have sufficient capacity to accommodate containers for, at a minimum, Garbage, Recycling, and Organic Material, and containers shall be appropriately sized to accommodate the expected material that will be generated for the Commercial Premises at the proposed frequency of collection, which must be no less than allowed in Section 9.10.1380.

• (Ord. 30684.)

• A. Any and all Stable Matter generated within or upon any Premises or place in the City shall be

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placed without delay in containers meeting and complying with all specifications and requirements applicable to Garbage containers.

• B. Stable Matter may be mixed with Garbage in the same Garbage container when it is to be disposed of with and in the same manner and at the same time as Garbage, permitted under the City's Solid Waste collection program.

• (Ords. 24315, 30684.)

No person shall place or keep hot ashes, hot cinders or any burning matter in any garbage, rubbish or recyclables container. No person shall place or keep other ashes or cinders, stable matter, or solid waste described in Section 9.10.490 in any garbage container or rubbish container unless such material is first wrapped in paper or other material. (Ord. 24315.)

• A. No person shall store or accumulate any Hazardous Materials in any container used for storage or accumulation of Garbage, Rubbish, Organic Materials, Recyclable Materials, Swill, Stable Matter or other Solid Waste.

• B. The primary responsibility for proper Handling of Hazardous Materials generated or accumulated on any Premises shall be on the Generator of the Hazardous Materials. Should the Generator refuse, neglect or fail to provide for the proper Handling of Hazardous Materials in accordance with applicable law, the Owner of the Premises within or upon which the Hazardous Materials has been generated or accumulated shall provide for the proper Handling of the Hazardous Materials in accordance with applicable law.

• (Ords. 24315, 29070, 30684.)

Any and all solid waste which the director or the health officer may find and declare to be con-

taminated in that it carries or may carry communicable germs and/or diseases shall be taken by the collector thereof to the place of permanent disposal, on the calendar day of its collection and no later. The collector of such solid waste shall not place, retain, store or keep any such solid waste, either temporarily or otherwise, in any barn, garage or any building or place other than the regular disposal site, pending its delivery to and permanent disposal at the disposal site. (Ord. 24315.)

In the event the director or the health officer should find and declare the existence of an epidemic, or should find and declare that an epidemic is threatened, all solid waste collected by any collector, which the director or the health officer should find and declare to be dangerous to the public health in that it contains or carries or may contain or carry germs, diseases or disease-bearing agents, shall be taken by the collector immediately to the disposal site and be disposed of in such manner as the director or the health officer may direct. (Ord. 24315.)

• A. Except as authorized by Section 9.10.1080 A., no person shall sweep or deposit any solid waste in any gutter, street or other public place within the city.

• B. Persons owning or occupying property shall keep the sidewalk in front of their premises free of solid waste.

• C. This section shall not be deemed to make unlawful the placement of authorized garbage, rubbish or recyclables containers alongside street curbs for the purpose of having the contents of such containers collected by a solid waste collector, if and to the extent such placement of containers is expressly authorized by other provisions of this chapter.

• (Ord. 24315.)

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• A. No person shall keep any Solid Waste or allow any Solid Waste to remain upon any Premises within the City for more than seven (7) days. At least once a week all Solid Waste generated within or on any Premises in the City shall be removed from the Premises and disposed of in accordance with the provisions of this Chapter.

• B. The requirement of subsection A. for weekly removal and disposal or Processing of Solid Waste shall not apply under qualifying extenuating circumstances specified in the collector's agreement with the City or under the following circumstances:

  1. Where the Solid Waste Collector normally providing collection services at the Premises is unable to perform collection services due to strikes;

  2. Where severe weather conditions or "acts of God" make it impossible for the Solid Waste Collector normally providing collection services at the Premises to perform collection services using normal collection equipment; or

  3. Official holidays interrupt the normal seven (7)-day collection cycle, in which case collections may be postponed to the next working day of the Solid Waste Collector.

• C. The requirement for weekly removal of Solid Waste applies to all material types under the City's collection program, including Recyclable Materials, Organic Materials, Garbage and other Solid Waste.

• (Ords. 24315, 24718, 30684.)

No person shall pay or subscribe to Solid Waste collection services unless provided by a Solid Waste Collector authorized to provide Solid Waste collection services under a Solid Waste franchise

granted in compliance with Part 11 or an agreement granted into under Part 7 of this Chapter, as each may be applicable.

(Ords. 29561, 30684.)

Where the Director or the Health Officer determines that it is necessary because of the propagation of vectors for the protection of public health, safety or welfare, or a change in applicable law that Solid Waste collection is required more frequently than once per week, the Generator of the Solid Waste shall cause more frequent collection to be performed, as required by the Director or the Health Officer.

(Ords. 24315, 30684.)

No person shall store, place, keep maintain, or accumulate, or permit to be stored, placed, kept, maintained or accumulated, any solid waste in or upon any premises or place in the city in such manner that:

• A. Creates a fire hazard dangerous to persons or property;

• B. Becomes unreasonably offensive or dangerous to the public peace, health or safety;

• C. Promotes the propagation, harborage or attraction of vectors; or

• D. Becomes a public or private nuisance.

• (Ords. 24315, 31220.)

• A. No person shall dispose of solid waste or hazardous materials by illegal dumping on any public or private property within the city.

• B. No person shall hire or cause another person to dispose of solid waste or hazardous materials by illegal dumping on public or private property or to otherwise dispose of solid waste or hazardous materials in violation of this Code, state law or federal law. Any person who

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hires or causes another person to dispose of solid waste or hazardous materials by illegal dumping is and will be jointly and severally liable with all other persons who participated in the act of illegal dumping.

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• C. Any person whose identifying information is found in illegally dumped solid waste or hazardous materials or who is otherwise responsible for illegal dumping of solid waste or hazardous materials on any public or private property within the city is subject to enforcement as provided in this chapter.

• D. Each act of illegal dumping on a separate area of a single location is a separate violation even if each occurs on the same general time and day.

• E. Any person who disposes of solid waste or hazardous materials through illegal dumping shall be responsible for cleaning up and properly disposing of the illegally dumped solid waste or hazardous materials in addition to any other authorized enforcement action.

• (Ord. 29645.)

• A. No person shall collect or transport any Solid Waste within or upon any public streets in the City, or anywhere in the City, except in leakproof containers or vehicles so constructed that no Solid Waste can leak, fall, or be blown from such container or vehicle.

• B. Vehicles or containers used to collect or transport Organic Materials, Garbage, Rubbish, Cannery Waste, Stable Matter or Swill shall be kept completely covered or screened at all times except when Solid Waste is being actually loaded or unloaded and except when the vehicles are moving along a collection route in the course of collection.

• C. Vehicles used to collect or transport Garbage, Rubbish, Cannery Waste, Stable Matter or Swill shall be labeled with the company's name and telephone number and a unique vehicle number in letters and numbers not less than four inches high painted or stenciled on the vehicle in a location that is clearly visible to the public. Any person who applies for a Commercial Solid Waste and recyclables collection franchise pursuant to Part 11 of this Chapter shall

list all collection vehicles by type and unique vehicle number together with each vehicle's Vehicle Identification Number (VIN) in the franchise application. The franchisee shall report any changes to the vehicles used in the performance of services in the City within seven (7) calendar days of the change.

• D. Vehicles used to collect or transport Garbage, Rubbish, Cannery Waste, Stable Matter or Swill shall be maintained in such manner as to meet or exceed vehicle emission standards promulgated by the State of California.

• E. Collection and transportation of any Solid Waste shall be so conducted that no Solid Waste will spill out of the collecting or transporting container or vehicle. Any person collecting or transporting any Solid Waste shall immediately pick up all Solid Waste which spills or is blown from the collecting or transporting container or vehicle, and shall otherwise clean the place onto which any such Solid Waste was spilled or blown.

• F. No person shall transport or permit to be transported into the City any Solid Waste of any kind generated or accumulated outside the City, for the purpose of storing or disposing of it in the City, and no person shall store or dispose of any Solid Waste transported or brought into the City from outside the City, except as follows:

  1. Solid Waste may be transported directly to a Solid Waste Disposal Facility for final deposition at such facility site.

  2. Solid Waste may be transported directly to a Solid Waste Transfer/Processing Station for the following purposes:

     • a. Transfer of the Solid Waste directly from smaller to larger vehicles for transport; or

     • b. Temporary storage, separation or other Processing of the materials in the Solid Waste.

  3. Recyclable waste materials may be transported directly to a Recycling Center for the purpose of Recycling.

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4. Organic Materials may be transported directly to an Organic Waste Processing facility for the purpose of Processing.

5. Mixed Waste may be transported directly to a High Diversion Organic Waste Processing Facility for the purpose of Processing.

(Ords. 24315, 27725, 30684.)

No person shall interfere with or obstruct the authorized activities of a Solid Waste Collector, Authorized Recycling Collector, Authorized Organic Material Collector, Swill Collector or Cannery Waste collector in the collection, transportation, Processing, or disposal of Solid Waste. (Ords. 24315, 30684.)

• A. Every Self-Hauler, as defined in Part 2 of this Chapter, shall Source Separate their Recyclable Materials and Organic Materials (materials that City otherwise requires Generators to separate for collection in the City's Recyclable Materials and Organic Materials collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Section 18984.1 or 18984.2 as applicable, and the City's collection program. Self-Haulers shall deliver their materials to facilities described in this Section. Alternatively, if approved by the Director in writing, Self-Haulers may choose not to Source Separate Organic Materials and shall haul its mixed Solid Waste (that includes Organic Material) to a High Diversion Organic Waste Processing Facility that is approved by the City.

• B. Self-Haulers that Source Separate their Recyclable Materials and Organic Materials shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; haul their Source Separated Organic Material to a facility, operation, activity, or property that processes or recovers Source Separated Organic Material; and, haul their Solid Waste

to a disposal facility or transfer facility or operation that processes or disposes of Solid Waste; and, transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).

• C. Self-Haulers that are Owners or responsible parties of commercial businesses or multifamily Premises shall keep records of the amount of Recyclable Materials, Organic Material, and Solid Waste delivered to each facility, operation, activity, or property that processes or recovers Recyclable Materials and Organic Material and processes or disposes of Solid Waste or shall keep records of Solid Waste delivered to High Diversion Organic Waste Processing Facilities. These records shall be subject to inspection by the City or its designee. The records shall include the following information:

  1. Delivery receipts and weight tickets from the entity accepting the Recyclable Materials, Organic Materials, and Solid Waste.

  2. The amount of material in cubic yards or tons transported by the Generator or responsible party to each entity.

  3. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Recyclable Materials, Organic Materials, and Solid Waste.

• D. Self-Haulers shall retain all records and data required to be maintained by this Section for no less than five (5) years after the Recyclable Materials, Organic Materials, and/or Solid Waste was first delivered to the facility accepting the material.

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• E. Self-Haulers that are commercial businesses or multi-family Premises shall provide copies of records required by this Section to City if requested by the Director or their designee and shall provide the records at the frequency requested by the Director.

• F. A single-family Generator or single-family responsible party that self-hauls Recyclable Materials, Organic Material, or Solid Waste is not required to record or report information in subsections C and D.

• G. Pursuant to 14 CCR Section 18815.9, food waste Self-Haulers are required to maintain records and report to CalRecycle information on the tons of food waste self-hauled and the facilities or each use of such material. Upon request of the Director, food waste Self-Haulers shall provide to the City copies of all reports they are required to report to CalRecycle at a frequency specified by the Director.

• (Ord. 30684.)

No person shall engage in any business or activity for which any authorization is required by the provisions of this chapter without first securing such authorization. Any person who engages in such business or activity without the required authorization shall nevertheless pay to the city, and be liable to the city for, the amount of any tax, fee or other charge required to be paid by other provisions of this chapter for the privilege of engaging in such business or activity. (Ord. 24315.)

In addition to such other remedies as the city may have to collect any tax, fee or other charge imposed by this chapter, the amount of any such charge imposed by this chapter shall be deemed a debt to the city recoverable in any court of competent jurisdiction. (Ord. 24315.)

• A. Each person engaging in the business of Solid Waste collection in the City shall maintain in such person's office: (i) full and complete accounting records, prepared on an accrual basis in accordance with generally accepted accounting principles, reflecting the collector's business both within and outside of the City; (ii) customer service records and customer contact data; and (iii) all statistical, operational, programmatic and other records related to its performance as shall be necessary to provide detailed and accurate reports to demonstrate compliance with its agreement with the City and applicable law. Such books and records shall be subject to audit and inspection by the City and its authorized officers, agents and employees, at any reasonable time and at the collector's office.

• B. The gross revenues derived from the collection and transportation of Solid Waste, whether such services are performed by the collector or by a subcontractor or subcontractors, shall be recorded as revenues in the accounts of the collector. The revenue accounts of the collector shall be maintained in a manner which clearly and separately identifies the revenues.

• C. The collector will maintain and preserve all records and related supporting documentation for a period of not less than five (5) years following the close of each fiscal year of the collector.

• D. The collector shall make available its records and related supporting documentation at any time during regular business hours for inspection and/or audit by the Director, City Manager, Director of Finance or City Auditor, or any other duly authorized representative of the City, for a period of five (5) years following the close of each fiscal year of the collector.

• E. Should any inspection or audit performed by the City or its agents disclose that the fees or other charges required to be paid by the collector, for the period under review, were under-

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• stated, the collector shall pay for the cost of such audit, and shall promptly pay all fees and charges determined to be due plus interest at ten percent (10%) per year from the date due.

• F. The collector's records shall be stored in one central location, physical or electronic, that can be readily accessed by collector and authorized representatives of the City. The City retains the right to require records required by this Section to be maintained in a specified format or platform, such as using a specified software platform.

• (Ords. 24315, 30684.)

Part 4

COLLECTION OF RECYCLABLE MATERIALS*

• A. Organic Materials which are placed in a Designated Collection Location for collection under the City Organic Materials Collection Program shall remain the property of the Generator until such Organic Materials are collected by the City or an authorized Organic Material collector.

• B. Upon the collection of such Organic Materials, such Organic Materials shall become the property of the Authorized Organic Material Collector or of the City as set forth in the agreement for collection of Organic Materials entered into by the City and such collector.

• (Ord. 30684.)

Sections:

• 9.10.700 Ownership of recyclable material. 9.10.710 Ownership of organic materials.

• 9.10.720 Ownership of recyclable waste oil.

• 9.10.730 Ownership of bulky goods.

• 9.10.740 Unauthorized collection prohibited.

• 9.10.750 Right of individual to handle recyclable material and organic material.

• 9.10.760 Civil action by authorized collector.

Except as provided in Sections 9.10.710, 9.10.720 and 9.10.730, upon the placement of Recyclable Material in a Designated Collection Location for collection by an Authorized Recycling Collector, the Recyclable Material shall become the property of the Authorized Recycling Collector. (Ord. 30684.)

*Editor’s note— Ord. 30684, § 42, adopted Nov. 16, 2021, repealed Ch. 9.10, Part 4, §§ 9.10.700 - 9.10.760, and enacted a new Part 4, §§ 9.10.700 - 9.10.760, as set out herein. Formerly, Part 4 pertained to similar subject matter and derived from Ord. 24315.

• A. Waste Oil which is placed in a Designated Collection Location for collection under the City Waste Oil Collection Program shall remain the property of the Waste Oil Generator until such Waste Oil is collected by the City or an Authorized Recycling Collector.

• B. Upon the collection of such Waste Oil, such Waste Oil shall become the property of the Authorized Recycling Collector or of the City as set forth in the agreement for collection of Waste Oil entered into by the City and such collector.

• (Ord. 30684.)

• A. Bulky Goods which are placed in a Designated Collection Location for collection by the City's authorized Residential Solid Waste Collector or by an Authorized Recycling Collector shall remain the property of the Bulky Goods Generator until such Bulky Goods are collected by such authorized collector.

• B. Upon the collection of such Bulky Goods, such Bulky Goods shall become the property of the authorized Residential Solid Waste Collector or the Authorized Recycling Collector

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or of the City as set forth in the agreement for collection of Bulky Goods entered into by the City and such collector.

(Ord. 30684.)

Part 5

PROCESSING AND DISPOSAL OF SOLID WASTE*

Sections:

No person, other than an Authorized Recycling Collector or Authorized Organic Material Collector, shall remove Recyclable Material or Organic Materials which have been placed in a Designated Collection Location. Any and each such removal in violation hereof from any Designated Collection Location shall constitute a separate and distinct offense.

(Ord. 30684.)

• 9.10.800 Compliance with requirements.

• 9.10.810 Delivery to collector.

• 9.10.820 Burning solid waste - Limitations - Specifications.

• 9.10.830 Burying solid waste prohibited.

• 9.10.840 Organic Waste Recovery.

• 9.10.850 Filling of low areas - Conditions.

• 9.10.860 Using solid waste to prevent erosion.

• A. Nothing in this Part shall limit the right of an individual person, organization or other entity to donate, sell or otherwise handle Recyclable Materials or Organic Material, provided that any such action is in accordance with the provisions of this Chapter.

• B. Nothing in this Part prohibits a Generator from preventing or reducing Solid Waste generation, managing Organic Material on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

• (Ord. 30684.)

Nothing in this Part shall be deemed to limit the right of an Authorized Recycling Collector or Authorized Organic Material Collector to bring a civil action against any person who violates Section 9.10.740 of this Chapter. (Ord. 30684.)

No person shall dispose of, nor permit the disposal of, any solid waste of any kind generated or accumulated within or upon any premises in the city owned, leased or rented by such person or in such person's possession or control, or within or upon any other premises in the city, except as authorized by the provisions of this chapter. (Ord. 24315.)

• A. Except as provided in subsection B. of this Section and in Section 9.10.820, each kind of Solid Waste shall be disposed of by delivery of the same to a collector who is authorized, pursuant to the provisions of this Chapter, to collect, transport and process or dispose of such Solid Waste. Each kind of Solid Waste shall be delivered to the collector only by placing the Solid Waste in authorized containers for each material type at the place or places

*Editor’s note— Ord. 30684, § 43, adopted Nov. 16, 2021, changed the title of Part 5 from "Disposal of Solid Waste" to "Processing and Disposal of Solid Waste," as set out herein.

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where such containers are required or permitted to be kept by other provisions of this Chapter.

• B. A Solid Waste Generator may dispose of Solid Waste other than by delivery to an authorized collector only under either of the following circumstances:

  1. A recyclables Generator may deliver recyclables to a Recycling Center.

  2. A recyclables Generator may sell or donate recyclables to any other person and may deliver such recyclables to the point of sale or the place of donation. For the purposes of this provision, "sell or donate" means the recyclables Generator receives payment for the recyclables or gives them away for free, and no payment is made by the recyclables Generator in connection with the recyclables, including any payment for use of recyclables containers. Nothing in this provision authorizes a recyclables Generator to collect or transport recyclables generated by a person other than the recyclables Generator.

  3. A Rubbish Generator may deliver Rubbish to a Solid Waste Disposal Facility or a Transfer/Processing Station, provided that no single delivery exceeds eight (8) cubic yards of Rubbish.

  4. A Generator may separate food scraps to be used by the Generator or distributed to another person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by the Generator or hauled by another party.

  5. A Generator may Compost or otherwise legally manage Organic Material at the site where the Organic Material is generated or at a Community Composting site.

  6. A contractor may remove Solid Waste from a Premises as an incidental part of the service being performed, rather than

as a separately contracted or subcontracted hauling services. Incidental material does not include residential cleanout material collected in roll-off or frontload containers rented for a period of one (1) week or less.

• C. For purposes of this Chapter, Edible Food is not Solid Waste if it is recovered and not discarded and is therefore not subject to this Section. Edible Food shall be handled in accordance with Part 18 of this Chapter.

• (Ords. 24315, 30684.)

No person shall burn any solid waste within the limits of the city except in accordance with and subject to the following limitations and conditions:

• A. No person shall burn any garbage, or any rubbish that originates from any industrial or commercial establishment or any hospital, clinic, medical or dental office or medical laboratory, except in by the chief of the bureau of fire prevention of the fire department in accordance with Chapter 17.12 of this Code.

• B. No person shall create or cause the emission of noxious or offensive odors, dense smoke, or any private or public nuisance by burning any solid waste.

• C. No fire shall be kindled or maintained by any person within or upon any public street, way, road, alley, waterway, or other public property or place, except by a member of the fire department acting under the direction of the fire chief or a designee of the fire chief.

• D. No person shall burn any solid waste within or upon any premises except for the burning of fuel in woodburning appliances which is not prohibited under Section 9.11.310 of this Code.

• E. Notwithstanding any other provision of this section, the chief of the bureau of fire prevention of the fire department

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§ 9.10.860

may issue a permit for the burning of a bonfire, or other fire in an outdoor location pursuant to Chapter 17.12 of this Code.

• (Ords. 24315, 26133.)

• A. Except as otherwise authorized by provisions of this part, no solid waste of any kind shall be buried anywhere in the city.

• B. Nothing in this section shall be deemed to prohibit the disposal of solid waste at a solid waste disposal facility which is operated in accordance with Division 30 of the California Public Resources Code and the regulations promulgated thereunder.

• (Ord. 24315.)

• A. Organic Material shall be processed through a method deemed to constitute a reduction of landfill disposal, as defined by 14 CCR Section 18983.1.b, in full compliance with the criteria set forth in 14 CCR Section 18983.1.b for each method.

• B. Organic Material shall not be handled in a manner deemed to constitute landfill disposal, which includes the following dispositions of Organic Material:

  1. Final deposition at a landfill.

  2. Use as alternative daily cover or alternative intermediate cover at a landfill.

     • a. The use of non-Organic Material as landfill cover shall not constitute landfill disposal of Organic Material.

  3. Any other disposition not listed in 14 CCR Section 18983.1.b.

• (Ords. 24315, 30684.)

• A. No person shall use solid waste of any kind to fill low areas in the city unless prior written approval has been granted to such person by the director and the director of public works.

• B. The director may grant approval to use solid waste to fill low areas only if the director finds that the proposed place and manner of disposal will not endanger the public health. The director's approval shall be subject to such conditions and restrictions as the director may find necessary to protect the public health and safety.

• C. The director of public works may grant approval to use solid waste to fill low areas only if the director of public works finds that the proposed fill will be sufficiently compacted, covered and leveled and otherwise accomplished without endangering the public safety. The approval of the director of public works shall be subject to such conditions and restrictions as the director of public works may find necessary to protect the public safety.

• D. Any approval to use solid waste to fill low areas may be revoked at any time by the grantor of the approval or by the city council.

• (Ord. 24315.)

• A. No person shall place or deposit Solid Waste of any kind on the banks of a stream or waterway in the City unless prior written approval has been granted by the Director and the Director of Public Works to use Solid Waste to prevent erosion of such banks.

• B. The Director may grant permission to place Solid Waste on the banks of a stream or waterway to prevent erosion of the banks only if the Director finds that the place and manner of such placement will not endanger the public health and safety. The Director's approval shall be subject to such conditions and restrictions as the Director may find necessary to protect the public health and safety.

• C. The Director of Public Works may grant approval to place Solid Waste on the banks of a stream or waterway to prevent erosion of the banks only if the Director of Public Works finds that the place and manner of such placement will in fact deter or prevent erosion, will

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not obstruct or hinder the free flow of water in a stream or waterway, and will not cause the Solid Waste to be carried away by floodwaters. The approval of the Director of Public Works shall be subject to such conditions and restrictions as the Director of Public Works may find necessary to protect the public health and safety.

• D. Any approval to use Solid Waste to prevent erosion may be revoked at any time by the grantor of the approval or by the City Council.

• E. Organic Material may be used as a soil amendment for erosion control, revegetation, slope stabilization, or landscaping at a landfill, provided that the material is used in a manner that complies with the criteria set forth in 14 CCR Section 18983.1.b.5.

(Ords. 24315, 30684.)

Land application of compostable material, consistent with 14 CCR Section 17852.a.24.5, is subject to such regulations as the Director or the Health Officer may impose to protect the public health and safety and shall comply with the conditions on particular types of compostable material used for land application set forth in 14 CCR Section 18983.1.b.6.

(Ords. 24315, 30684.)

Part 6

SOLID WASTE PROCESSING AND DISPOSAL FACILITIES*

Sections:

*Editor’s note— Ord. 30684, § 48, adopted Nov. 16, 2021, changed the title of Part 6 from "Solid Waste Disposal Facilities" to "Solid Waste Processing and Disposal Facilities," as set out herein.

No person shall operate a solid waste disposal facility in the city except in accordance with a solid waste facilities permit issued pursuant to Part 4 of Division 30 of the California Public Resources Code. (Ord. 24315.)

• A. Each operator of a solid waste facility or any person who conducts solid waste handling shall pay a solid waste enforcement fee as set forth in the schedule of fees established by council resolution.

• B. The solid waste enforcement fee shall be based upon the weight, volume or type of solid waste that is received or handled by any such operator or upon any other appropriate parameter or any combination of the foregoing, commensurate with the cost of the solid waste enforcement program authorized under Division 30 of the California Public Resources Code.

• C. Each operator of a solid waste facility or any person who conducts solid waste handling shall pay the solid waste enforcement fee on or before the last day of the month immediately following the month in which the solid waste was received or handled. Any fee that is not paid on or before the due date shall be deemed delinquent.

• D. Any solid waste facility operator or person conducting solid waste handling who fails to pay the solid waste enforcement fee on or before its due date shall pay a first penalty of ten percent (10%) of the delinquent fee in addition to the delinquent fee.

• E. Any solid waste facility operator or person conducting solid waste handling who fails to pay the solid waste enforcement fee on or before thirty (30) days of its due date shall pay

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a second penalty of ten percent (10%) of the amount of the delinquent fee in addition to the delinquent fee and the first penalty.

• F. If the director of finance determines that the failure to pay the solid waste enforcement fee on or before its due date is because of an intentional, material misrepresentation or omission, or fraud by the solid waste facility operator or person conducting solid waste handling, the director shall impose an additional penalty in the amount of twenty-five (25%) of the fee.

• G. Any solid waste facility operator or person conducting solid waste handling who fails to pay the solid waste enforcement fee on or before its due date shall pay interest on the delinquent fee and on any assessed penalty or penalties as set forth in Chapter 1.17 of Title 1.

• H. The director shall waive the first penalty of ten percent (10%) imposed upon any solid waste facility operator or person conducting solid waste handling, if:

  1. The solid waste facility operator or person conducting solid waste handling applies to the director for such a waiver no later than thirty (30) days from the date the fee was due to the city; and

  2. The solid waste facility operator or person conducting solid waste handling has made timely payments for: (a) the five (5) years immediately prior to the date the fee was due to the city; or (b) the two (2) years immediately prior to the date the fee was due to the city if it has operated the solid waste facility or conducted solid waste handling for fewer than five (5) years; and

  3. The solid waste facility operator or person conducting solid waste handling provides evidence satisfactory to the director that:

• a. Payment of the delinquent fee was postmarked or received by the city no more than three (3) days after its due date; or

  • b. The solid waste facility operator or person conducting solid waste handling mistakenly made payment to a party other than the city on or prior to the date that payment was due to the city, and paid the delinquent fee and accrued interest owed the city prior to applying to the director for a waiver; or

  • c. Failure to pay timely was due to circumstances beyond the control of the solid waste facility operator or person conducting solid waste handling and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, and the solid waste facility operator or person conducting solid waste handling paid the delinquent fee and accrued interest owed the city prior to applying to the director for a waiver.

• I. The waiver provisions specified in Subsection H. shall not apply to interest accrued on the delinquent payments.

• (Ords. 24315, 26171, 27863.)

• A. Each operator of a disposal facility located in the City shall pay a disposal facility operator integrated waste management fee as set forth in the schedule of fees adopted by resolution of the City Council. Such fee shall be based on the types or amounts of wastes accepted at the disposal facility and shall be used to pay the costs incurred by the City in: (i) preparing, adopting and implementing the Integrated Waste Management Plan required under Division 30 of the California Public Resources Code; and (ii) implementing Organic Material and Recyclable Materials diversion programs and services for compliance with current and future applicable law, including, but not limited to, AB 341, AB 1826, and SB 1383. The

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City shall retain the sole right to set priorities for the use of its disposal facility operator integrated waste management fee.

• B. The disposal facility operator integrated waste management fee shall be due and payable to the City at the same time as business taxes are due and payable under Chapter 4.76 of this Code or disposal facility taxes are due and payable under Chapter 4.78 of this Code.

• C. For the purposes of this Section 9.10.970, "disposal facility" means any facility or location where disposal of Solid Waste occurs and any Composting facility or location required to obtain a permit under Division 30 of the California Public Resources Code. "Disposal facility" does not include a facility utilized to receive Solid Wastes for the purpose of Recycling, separation or other Processing of the materials in the Solid Wastes, or for the purpose of transferring the Solid Wastes directly from smaller to larger vehicles for transport, where the permanent disposal of Solid Wastes on the site does not occur.

• (Ords. 24315, 30684.)

• A. For the purposes of this section, the following terms shall be defined as follows:

  1. "Solid waste facility" shall be defined as set forth in Chapter 2 of Part 1 of Division 30 of the California Public Resources Code.

  2. "Solid waste landfill" shall be defined as set forth in Section 46027 of Part 6 of Division 30 of the California Public Resources Code.

  3. "Local enforcement agency" means the city department or division designated as the local enforcement agency pursuant to Chapter 2 of Part 4 of Division 30 of the California Public Resources Code.

• B. Any person who proposes to become an operator of a solid waste facility shall file with the local enforcement agency an application for a solid waste facilities permit at least one hun-

dred twenty days in advance of the date on which it is desired to commence operation of such facility. The application shall be accompanied by a filing fee as set forth in the schedule of fees established by resolution of the city council.

• C. Any operator of a solid waste facility who wishes to change the design or operation of the solid waste facility shall file with the local enforcement agency an application for a modified or revised solid waste facilities permit at least one hundred twenty days in advance of the date when the proposed change in design or operation is to take place. The application shall be accompanied by a filing fee as set forth in the schedule of fees established by resolution of the city council.

• D. Any operator of a solid waste facility who is required to have its solid waste facilities permit reviewed pursuant to Section 44015 of Chapter 3 of Part 4 of Division 30 of the California Public Resources Code shall file with the local enforcement agency an application for review of the solid waste facilities permit at least one hundred twenty days in advance of the date the permit is due for review. The application shall be accompanied by a filing fee as set forth in the schedule of fees established by resolution of the city council.

• E. Any operator of a solid waste landfill who is required to submit a plan for the closure of the landfill and a plan for the postclosure maintenance of the landfill pursuant to Article 3 of Chapter 2 of Part 4 of Division 30 of the California Public Resources Code shall file such plans with the local enforcement agency. At the time such plans are filed, the operator of the solid waste landfill shall also file with said director evidence of financial ability to provide for the cost of closure and postclosure maintenance as provided in Section 43600 of the Public Resources Code. Such plans and evidence of financial ability shall be accompanied by a filing fee as set forth in the schedule of fees established by resolution of the city council.

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• F. Any operator of a solid waste landfill who wishes to modify or revise any closure plan or postclosure maintenance plan shall file an application therefor with the local enforcement agency. The application shall be accompanied by a filing fee as set forth in the schedule of fees established by resolution of the city council.

• (Ord. 24315.)

• A. Owners of facilities, operations, and activities located in the City's boundaries that recover Organic Material, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about, throughout, and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) calendar days.

• B. Community Composting operators with operations located in the City's boundaries, upon City request, shall provide information to the City to support Organic Material capacity planning, including, but not limited to, an estimate of the amount of Organic Material anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within sixty (60) calendar days.

(Ord. 30684.)

Owners of facilities, operations, and activities located in the City's boundaries that receive Recyclable Materials, Organic Materials, and/or Solid Waste shall provide to the City on a quarterly basis copies of all reports they are required to report to CalRecycle, including, at minimum, those required by law.

(Ord. 30684.)

Part 7

RESIDENTIAL SOLID WASTE REGULATIONS

Sections:

• 9.10.1010 Mandatory solid waste, recyclable materials, and organic materials service.

• 9.10.1030 Authorization of solid waste collection service.

• 9.10.1040 Solid waste collection setouts.

• 9.10.1050 Garbage containers permitted.

• 9.10.1060 Recyclables and organic materials containers permitted.

• 9.10.1070 Waste oil containers permitted.

• 9.10.1080 Setout of uncontainerized yard waste and recyclable material.

• 9.10.1090 Debris boxes for residential rubbish.

• 9.10.1110 Unauthorized use of containers prohibited.

• 9.10.1120 Residential source reduction and recycling fee.

• 9.10.1130 Additional multi-family dwelling requirements.

• 9.10.1140 Residential care facilities serving six persons or fewer.

• A. No person shall engage in the business of collection of residential solid waste unless such person is authorized to do so pursuant to a collection agreement then existing between such person and the city.

• B. The city, in the city's sole discretion, may enter into one or more agreements for residential solid waste collection services.

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• C. The city council may, by resolution, establish fees to be paid by persons engaged in the business of collection of residential solid waste. Such fees shall be for the privilege of engaging in such business within the city and shall be due and payable at such times and in such manner as determined by the council.

• (Ord. 24315.)

materials, and organic materials service.

• A. Each Residential Premises in the City shall be provided Solid Waste, Recyclable Materials, and Organic Materials collection services at least once per week regardless of whether the Premises are occupied and regardless of whether Solid Wastes are set out for collection.

• B. No Owner of a Residential Premises shall prohibit or prevent the provision of weekly Solid Waste collection services, including recyclables and Organic Materials collection, at the Premises.

• C. All Residential Premises shall subscribe to and pay for the City's collection services for weekly collection of Recyclable Materials, Organic Materials, and other Solid Waste generated by the Residential Premises and comply with requirements of those services. The City's standard collection services for residential Generators includes Source Separated Recyclable Materials container collection, uncontainerized Yard Waste collection, and Mixed Waste container collection, which permits the commingling of Garbage and food waste in the Mixed Waste container. The City retains the right to transition to different or additional container collection system(s), which may require additional Source Separation by the Generator, such as a three (3)-container collection system for Source Separated Recyclable Materials, Source Separated Organic Materials, and Solid Waste; and Generators shall subscribe to, participate in, and pay for such alternative collection system upon direction from the City.

• D. The City shall have the right to review the number and size of a Generator's containers and/or uncontainerized service level to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials. The responsible party of the Residential Premises shall adjust their service level for their collection services as requested by the Director.

• (Ords. 24315, 30684.)

• A. No solid waste shall be collected, taken, moved or transported from any residential premises except between the hours of six a.m. and six p.m. of any day.

• B. No regular collection of solid wastes shall be made from residential premises on any Saturday or Sunday. A special collection of solid wastes may be made on a Saturday or Sunday at the request of the generator except where the director or the health officer finds that such collection will adversely affect the public health and safety and the director or health officer disapproves such special collection.

• (Ord. 24315.)

• A. The Director shall authorize the Solid Waste Collector to provide Residential Solid Waste collection service and shall determine the level of service and frequency of collection to be provided at each Residential Premises, which shall be not less than one (1) time per week.

• B. When in the judgment of the Director additional collection services are required, the Director shall authorize the Solid Waste Collector to provide such additional services.

• C. In the event the Director authorizes the Solid Waste Collector to collect Solid Waste from a recyclables container or Organic Materials container whose contents have been determined to be too contaminated to be collected as recyclables or Organic Materials, the Owner of

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the Premises from which the contaminated materials are collected shall pay a fee for such collection in an amount set forth by resolution of the City Council.

(Ords. 24315, 28007, 30684.)

No owner of any residential premises and no generator of solid wastes generated at residential premises shall set out solid wastes for collection, nor shall any such owner or generator permit the set-out of solid wastes at any residential premises in such owner's or generator's possession or control, except in accordance with the provisions of this part.

(Ord. 24315.)

• A. No owner of a single-family dwelling and no generator of any solid waste generated at such premises shall set out garbage for collection except in a container meeting one of the following descriptions:

  1. A wheeled garbage disposal cart provided by the city or by the city's authorized residential solid waste collector, which together with its contents does not exceed the following weight limits:

     • a. Eighty pounds for a cart with a capacity of twenty gallons;

     • b. One hundred pounds for a cart with a capacity of thirty-two gallons;

     • c. One hundred seventy-five pounds for a cart with a capacity of sixtyfour gallons; or

     • d. Two hundred fifty pounds for a cart with a capacity of ninety-six gallons.

  2. A plastic garbage disposal bag approved by the city or by the city's authorized residential solid waste collector, which together with its contents does not exceed a weight of sixty pounds.

• B. No owner of a multifamily dwelling and no generator of any solid waste generated at such

premises shall set out garbage for collection except in a container meeting one of the following descriptions:

1. A wheeled garbage disposal cart provided by the city or by the city's authorized residential solid waste collector, whose contents do not exceed a weight of one hundred pounds for each thirty-two gallons of capacity.

2. A garbage disposal bin provided by the city or by the city's authorized residential solid waste collector.

3. A garbage disposal bin provided by the multifamily dwelling owner or management which meets specifications approved by the director.

(Ords. 24315, 26625.)

• A. Except as provided in Section 9.10.1080, no Owner of a Single-Family Dwelling and no Generator of any Solid Waste generated at such Premises shall set out Recyclable Material for collection by the City's authorized Residential Solid Waste Collector except in a container meeting one (1) of the following descriptions:

  1. A wheeled recyclables disposal cart provided by the City or by the City's authorized Residential Solid Waste Collector, which together with its contents does not exceed the following weight limits:

     • a. Eighty (80) pounds for a cart with a capacity of twenty (20) gallons;

     • b. One hundred (100) pounds for a cart with a capacity of thirty-two (32) gallons;

     • c. One hundred seventy-five (175) pounds for a cart with a capacity of sixty-four (64) gallons; or

     • d. Two hundred fifty (250) pounds for a cart with a capacity of ninety-six (96) gallons.

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2. A clean, brown Kraft paper bag which the Owner or producer has marked for Recycling, and which together with its contents does not exceed a weight of sixty pounds.

3. A Garbage can which meets the following requirements:

   • a. The can must be constructed of metal, plastic or other substantial nonabsorbent material.

   • b. The can must be of sufficient strength and rigidity to hold without collapse all Recyclable Material deposited and kept therein and must be of sufficient strength and rigidity to prevent the can from being broken or crushed under ordinary conditions of use.

   • c. The can must have a close-fitting cover.

   • d. The can must be equipped with two attached handles or bales, one on each side of the container, of sufficient strength and size and so located to facilitate the lifting and Handling of the container.

   • e. The can must be leakproof.

   • f. The can must be free of sharp, rough or jagged surfaces or edges likely to cause injury to persons lifting or Handling the container.

   • g. The can must be of such shape that it can be lifted and handled without unreasonable strain by one person.

   • h. The can must not exceed thirty-two (32) gallons in capacity.

   • i. The can together with its contents must not exceed sixty (60) pounds in weight.

4. A Waste Oil container or Waste Oil filter bag described in Section 9.10.1070.

5. For Organic Materials, any of the following:

   • a. A Yard Waste tarp provided by the City or the City's authorized Yard Waste collector.

     • b. A wheeled Yard Waste cart or Source Separated Organic Materials cart provided by the City or the City's Authorized Organic Material Collector, which together with its contents meets the weight limitations for recyclables carts set out in paragraph 1. above.

     • c. A Garbage can which meets the requirements set out in paragraph 3. above.

• B. Except as provided in Section 9.10.1080, no Owner of a Multi-Family Dwelling and no Generator of any Solid Waste generated at such Premises shall set out Recyclable Material for collection by the City's authorized Residential Solid Waste Collector except in a container meeting one of the following descriptions:

  1. A wheeled recyclables collection cart provided by the City or by the City's authorized Residential Solid Waste Collector.

  2. A clean, brown Kraft paper bag or corrugated cardboard box which the Owner or producer has marked for Recycling, and which together with its contents does not exceed a weight of sixty (60) pounds.

  3. A recyclables collection bin provided by the City or by the City's authorized Residential Solid Waste Collector.

  4. A three (3)-cubic-yard or four-cubicyard mesh container provided by the City or by the City's authorized Residential Solid Waste Collector. The mesh container shall be used only for setouts of corrugated cardboard.

  5. A Waste Oil container or Waste Oil filter container described in Section 9.10.1070.

  6. A Yard Waste container, or Source Separated Organic Materials cart provided by the City or by the City's Authorized Organic Material Collector.

• C. Notwithstanding this Section, all containers shall comply with the color and labeling standards and replacement timeline set forth in 14

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CCR, Division 7, Chapter 12, Article 3. Uncontainerized collection standards shall be in accordance with the requirements of 14 CCR, Division 7, Chapter 12, Article 3. The Director retains the right to require Generators to use specified container types or collection methods at any time, including, but not limited to, standardized containers provided by the City's authorized collectors. (Ords. 24315, 25694, 25935, 26625, 30684.)

• A. No owner of a single-family dwelling and no generator of any waste oil generated at such premises shall set out any waste oil for collection except in a plastic waste oil container provided by the city's authorized residential recycling collector.

• B. No owner of a single-family dwelling and no generator of any waste oil filter generated at such premises shall set out any waste oil filter for collection except in a plastic oil filter collection bag provided by the city's authorized residential recycling collector.

• C. No owner of a multifamily dwelling and no generator of any waste oil generated at such premises shall store any waste oil on such premises nor set out any waste oil for collection except in a plastic waste oil container which is provided by the city's authorized recycling collector and placed in a waste oil collection box provided by the city's authorized recycling collector.

• D. No owner of a multifamily dwelling and no generator of any used oil filter generated at such premises shall store any used oil filter on such premises nor set out any used oil filters for collection except in a plastic waste oil filter collection bag which is provided by the city's authorized recycling collector and placed inside a waste oil collection box provided by the city's authorized recycling collector.

• (Ords. 24315, 25935.)

No person shall place uncontainerized Yard Waste or Recyclable Material on any sidewalk, in any street, or in any other public right-of-way except in accordance with the following:

• A. Except as provided in subsection B., the Owner of a Residential Premises or the Generator of Yard Waste at such Premises may set out Yard Waste for collection by the City's authorized Yard Waste collector by placing the Yard Waste or the Yard Waste container in the street in front of the Residential Premises where the Yard Waste were generated or, if the Residential Premises is on a corner lot, the set-out may be in the portion of the street that is along the side of the Premises. The Yard Waste shall be set out in piles that do not exceed five (5) feet in any dimension and shall be placed not less than one (1) foot from the curb or the edge of the street.

• B. At any Residential Premises which have been determined by the Director to be ineligible for in-street placement, the Owner of the Residential Premises or the Generator of Yard Waste at such Premises shall set out Yard Waste for collection in Yard Waste containers provided by the City's authorized Yard Waste collector or Source Separated Organic Materials containers provided by the City's Authorized Organic Material Collector for Yard Waste collection and shall place such containers on the public parkway in front of the Premises where the Yard Waste were generated. The Director may require Generators to use containerized service for Yard Waste, at the Director's discretion.

• C. The Owner of a Residential Premises or the Generator of Bulky Goods generated at such Premises may set out Bulky Goods for collection by the City's authorized

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Residential Solid Waste Collector by placing the Bulky Goods on the public parkway in front of the Premises where the Bulky Goods were generated.

• D. The Owner of a Residential Premises or the Generator of waste corrugated cardboard generated at such Premises may set out uncontainerized corrugated cardboard for collection by the City's authorized residential Recycling collector by placing the cardboard in the public parkway in front of the Premises where the corrugated cardboard was generated except at Premises where the City or the City's authorized residential Recycling collector has provided a recyclables container for corrugated cardboard.

• (Ords. 24315, 25694, 26625, 30684.)

• A. The Owner of a Residential Premises or the Generator of residential Rubbish may store Rubbish generated at such Premises as a result of demolition, construction, remodeling, cleanup or landscaping at the Premises in a Rubbish debris box for collection by a Solid Waste Collector authorized to provide Rubbish collection services pursuant to a Commercial Solid Waste franchise granted in accordance with Part 11 of this Chapter.

• B. Any debris box used for the storage of residential Rubbish shall meet all of the following requirements:

  1. The debris box must be provided at the Residential Premises by the Solid Waste Collector that performs the collection of the Rubbish stored in the debris box.

  2. The debris box must be either a Rubbish container designed for mechanical collection by a collection vehicle or must be a roll-off box.

  3. The debris box must be placed on the Premises or in the street in front of the Premises where the Rubbish is generated.

  4. The debris box must not remain at the Premises for more than fourteen (14) consecutive days.

  5. The debris box must comply with the container color and labeling standards for applicable material types specified in 14 CCR, Division 7, Chapter 12, Article 3, in accordance with the compliance timeline specified in that Article.

• C. No Owner of the Residential Premises and no Generator of the residential Rubbish shall place any Garbage in the debris box nor permit any other person to place any Garbage in the debris box.

• D. For the purposes of this Chapter 9.10, Rubbish collected from a debris box pursuant to this Section 9.10.1090 shall be deemed Commercial Solid Waste and the Owner of the Residential Premises or the Generator of the Rubbish shall be a Commercial Solid Waste Generator with respect to such Rubbish.

• (Ords. 24315, 24718, 25091, 30684.)

• A. No person shall keep any Garbage container, nor permit any Garbage container to remain, in the street or upon the public parkway except during the period from noon on the day preceding the scheduled collection day to noon on the day immediately following collection.

  1. For Single-Family Dwellings and for Multi-Family Dwellings receiving wheeled Garbage disposal cart collection service, during the period beginning the day preceding the scheduled collection day and ending the day immediately following the scheduled collection day.

  2. For Multi-Family Dwellings receiving Garbage disposal bin collection service, during the period from noon on the day preceding the scheduled collection day to 11:59 p.m. on the scheduled collection day.

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• B. No person shall keep any recyclables container, nor permit any recyclables container to remain, in the street or upon the public parkway except:

  1. For Single-Family Dwellings and for Multi-Family Dwellings receiving wheeled recyclables disposal cart collection service, during the period beginning the day preceding the scheduled collection day and ending the day immediately following the scheduled collection day.

  2. For Multi-Family Dwellings receiving recyclables bin collection service, during the period from noon on the day preceding the scheduled collection day to 11:59 p.m. on the scheduled collection day.

• C. No person shall place uncontainerized corrugated cardboard, nor permit any uncontainerized corrugated cardboard to remain, in the public parkway except during the period beginning the day preceding the scheduled collection day and ending the day immediately following the scheduled collection day.

• D. No person shall keep any uncontainerized Yard Waste, nor permit any uncontainerized Yard Waste to remain, in the street or upon the public parkway except during the period beginning the day preceding the scheduled collection day and ending the day immediately following the scheduled collection day.

• E. No person shall keep any Bulky Goods, nor permit any Bulky Goods to remain, in the street or upon the public parkway except during the period beginning the day preceding the scheduled collection day and ending the day immediately following the scheduled collection day.

• F. No person shall keep any Yard Waste tarp or container, nor permit any Yard Waste tarp or container to remain, in the street or upon the public parkway except during the period beginning the day preceding the scheduled collection day and ending the day immediately following the scheduled collection day.

• G. No person shall keep any Waste Oil container, nor permit any Waste Oil container to remain, in the street or upon the public parkway except during the period beginning the day preceding the scheduled collection day and ending the day immediately following the scheduled collection day.

• H. The Owner of a Single-Family Dwelling or the Generator of Solid Waste at such Premises shall set out all Solid Waste and Solid Waste containers only in the portion of the street or on the portion of the public parkway, as applicable, that is in front of the Single-Family Dwelling where the Solid Waste was generated, except:

  1. If the Single-Family Dwelling is on a corner lot, the set-out may be in the portion of the street or the portion of the public parkway, as applicable, that is along the side of the Single-Family Dwelling property.

  2. If the Single-Family Dwelling receives, or is required to have, on-Premises collection service, the Owner or Generator shall place the containers in an accessible location that is not more than one hundred (100) yards from the curb or the edge of the street in front of the property.

• I. All Solid Waste containers at Multi-Family Dwellings shall be set out for collection either in a location that is readily accessible by the collection vehicles or in a location that is atgrade with the collection vehicle access.

• J. In any case where a Single-Family Dwelling is located on a private street that does not permit access for the Solid Waste collection vehicles, the Owner of the Single-Family Dwelling, or their property manager, homeowner association, or conservator, shall subscribe to and pay for on-Premises collection service.

• K. In the event the Director determines that Garbage or recyclables containers have been left in the street or upon the public parkway in violation of paragraph A.2. or B.2. above in such a manner as to hinder parking or traffic flow

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§ 9.10.1100

or in such a manner as to pose a threat to public health or safety, the Director may require the Owner of the Multi-Family Dwelling where such violation occurs to subscribe to and pay for "bin push services" (where the Solid Waste Collector moves the bins to the street for collection and moves them back onto the Premises after collection) for Garbage collection, recyclables collection or both.

• L. Except when the containers are set out for collection, the Solid Waste Generator shall keep and maintain all Solid Waste containers within the side or rear yard of the Premises where the Solid Waste is generated.

• (Ords. 24315, 26625, 28007, 28859, 30684.)

No person shall use, nor permit the use of, any Garbage container, any recyclables container, any Yard Waste tarp or container, any Waste Oil container, or any other container provided by the City or the City's authorized Solid Waste Collector, the City's Authorized Organic Material Collector, or the City's authorized residential Recycling collector except for such container's intended use. (Ords. 24315, 30684.)

recycling fee.

• A. Each Residential Solid Waste Generator in the City shall pay a Source Reduction and Recycling Fee as set forth in the Schedule of Fees adopted by resolution of the City Council. Such fee shall be used to pay the costs incurred by the City in: (i) preparing, adopting and implementing the Integrated Waste Management Plan required under Division 30 of the California Public Resources Code; and (ii) implementing Organic Material and Recyclable Materials diversion programs and services for compliance with current and future applicable law, including, but not limited to, AB 341, AB 1826, and SB 1383. However, the City shall retain the sole right to set priorities for the use of its Source Reduction and Recycling Fee.

• B. Each Residential Solid Waste Generator shall remit the Source Reduction and Recycling Fee to the City at the same time as the Residential Solid Waste Generator remits payment to the City for Solid Waste collection services.

• C. If a Residential Solid Waste Generator fails or refuses to pay the Source Reduction and Recycling Fee when said fee is due and payable, the unpaid fee shall constitute a delinquent Solid Waste collection service bill subject to the procedures set out in Part 8 of this Chapter.

• D. For the purposes of this Section, the Solid Waste Generator at Multi-Family Dwellings shall be deemed to be the Owner of the MultiFamily Dwelling.

• E. For the purposes of this Section, the Solid Waste Generator at a mobilehome park shall be deemed to be the Owner of the mobilehome park.

(Ords. 24315, 30684.)

This Section shall apply to Multi-Family Dwellings with five (5) or more individual dwelling units, which are considered to be commercial businesses under SB 1383 regulations, unless otherwise specified. The Owner or responsible party of multifamily Premises with five (5) or more units shall:

• A. Provide or arrange for Recyclable Materials, Organic Materials, and Solid Waste collection services consistent with this Chapter for employees, contractors, and Tenants. The responsible party of the multi-family Premises shall subscribe to and pay for collection services and comply with requirements of those services for all Recyclable Materials, Organic Materials, and Solid Waste/Mixed Waste generated at the multi-family Premises in accordance with this Part. The City shall have the right to review the number and size of the multi-family Premises' collection containers and frequency of collec-

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tion to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The responsible party of a multi-family Premises shall adjust their service level for their collection services as requested by the Director or their designee.

• B. Allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, Tenants, and customers, consistent with City's Recyclable Materials container, Organic Materials container, and Solid Waste container collection service or, if self-hauling, consistent with the multi-family Premises' approach to complying with Self-Hauler requirements in Section 9.10.565.

• C. Annually provide information to employees, contractors, Tenants, and customers about Recyclable Materials and Organic Material recovery requirements and about proper sorting of Recyclable Materials, Organic Materials, and Solid Waste/ Mixed Waste.

• D. Provide education information before or within fourteen (14) days of occupation of the Premises to new Tenants that describes Source Separation requirements under the City's collection programs for Recyclable Materials, Yard Waste, Organic Materials, Mixed Waste, and other Solid Waste, as applicable; and the location of containers and the rules governing their use at each property.

• E. Provide or arrange access for the Director or their designee to their properties during all inspections conducted in accordance with this Chapter to confirm compliance with the requirements of this Chapter.

• (Ord. 30684.)

Residential Care Facilities serving six (6) persons or fewer shall be treated as a residential premise subject to the requirements of this Part. However, such facilities may choose to be served by the Commercial Solid Waste hauler and subject to the requirements of Part 9. (Ord. 30684.)

Part 8

PAYMENT FOR RESIDENTIAL SOLID WASTE SERVICES

Sections:

9.10.1200 Payment for solid waste collection services rendered or made available. 9.10.1202 Solid waste collection service charges collected with general property taxes.

• 9.10.1206 Collection of charges based on billing.

9.10.1210 Late charges for solid waste collection service charges not billed on the tax roll.

• 9.10.1220 Collection of delinquent charges as a special assessment.

• 9.10.1230 Report of director of finance.

• 9.10.1240 Notice of hearing of delinquency and special assessments.

• 9.10.1250 Public hearing - Special assessments.

• 9.10.1260 Delinquent charges a special assessment secured by lien.

• 9.10.1270 Collection of assessment.

• 9.10.1280 Manner of giving notices.

• 9.10.1290 Designated body.

• 9.10.1292 Disputed bills.

• 9.10.1294 Director adjustment of solid waste collection charges.

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§ 9.10.1200

• A. The owner of each residential parcel shall pay for solid waste collection services made available to the residential parcel by the solid waste collector designated by the city to provide such services.

• B. For the purposes of this section, the owner of multi-family dwellings authorized to share containers pursuant to Section 9.10.420 shall be deemed to be the person designated as responsible for payment of charges in the written statement submitted to the director.

• C. Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments for solid waste collection service charges are made by a property manager, homeowner association, or conservator on behalf of the owner. However, any such arrangement shall not relieve the owner of the obligation to pay for such services.

• D. The city council shall set the solid waste collection service charges in accordance with state law requirements.

• E. The city may collect payment of the residential solid waste collection service charges on the county secured property tax roll and collect payment remittances directly from the county for such charges as provided in this chapter. For any parcel not included on the tax roll, the city may bill the owner of the residential premises for the solid waste collection service charges and the owner shall remit payment to the city on or before the date specified in the bill.

• F. For solid waste collection service charges not collected on the tax roll, any bill not paid by the date specified in the bill shall be deemed delinquent and the director of finance shall initiate the assessment procedures set forth in this chapter.

• G. The owner of any parcel shall immediately inform the director of finance of any change(s) in any circumstances, which will in any way

affect the applicability of the solid waste collection service charges applicable to the parcel or the amount of any such charges including but not limited to any sale, transfer or change in use of the parcel.

(Ords. 24315, 24684, 28859, 29562.)

collected with general property taxes.

• A. Pursuant to the provisions of Division 5, Part 3, Chapter 6, Article IV of the health and safety code of the state, and subject to the exceptions hereinafter set forth, the city elects, as an alternative procedure for the collection of solid waste collection service charges, to have all such charges for each fiscal year collected on the tax roll in the same manner, by the same persons and at the same time as, and together with and not separately from, its general taxes.

• B. At least fifteen days in advance of the last city council meeting before the city is required to provide the Santa Clara County Tax Assessor with the amount of the solid waste collection service charges for the purpose of placing the solid waste collection service charges on the tax roll, the director of finance is hereby directed to prepare and file with the city clerk a written report describing all parcels served by the solid waste collection system for which solid waste collection service charges are to be billed and collected on the tax roll, and the amount of the solid waste collection service charges for each such parcel for the forthcoming fiscal year, computed in conformity with the provisions of this part and the council resolution establishing the solid waste collection service charges for the forthcoming fiscal year.

• C. In the event that the director of finance fails to include a parcel in any required report to the city clerk, the solid waste collection service charges for that parcel for the forthcoming fiscal year shall be collected in the same manner as for parcels not on the tax roll as provided by this chapter.

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§ 9.10.1204

• D. On or before the date that the city is required to provide the tax assessor with the amounts of the solid waste collection service charges for the purpose of placing the solid waste collection service charges on the property tax roll, the city clerk shall provide to the director of finance a copy of the director of finance's report with a statement endorsed thereon over the city clerk's signature indicating the final action on the report taken by the city council.

• E. The director of finance shall upon receipt of the city clerk's statement, cause the charges to be placed on the property tax roll and collected by the County of Santa Clara for the City of San José, as hereinafter provided. The county's tax collector shall enter the amounts of the charges against the respective parcels as they appear on the current assessment roll. If any such parcel is not described on the tax roll, the county's tax collector may enter the description thereon, together with the amounts of the charges as shown in the report.

• F. The amount of the solid waste collection service charges shall constitute a lien against the parcel against which the charge has been imposed as of noon on the tax lien date then in effect for that fiscal year.

• G. The tax collector shall include the amount of the solid waste collection service charges on bills for taxes levied against the respective parcels located within the city. Thereafter, the amount of the solid waste collection service charges shall be collected at the same time and in the same manner and by the same person as together with and not separately from the general taxes for the city, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

• H. If any parcel receiving solid waste collection services are omitted from the above-mentioned director of finance's report or billing on the tax roll, either because the charge therefor was not ascertained by the city as of the date of said report, or for any other reason, the solid waste collection service charges for

such parcel shall be collected in the manner provided elsewhere in this chapter. If the solid waste collection service charges for any parcel, as shown on said report for the forthcoming fiscal year is less than what the charge should be for any reason, the balance of such charge shall be collected in the manner provided for collection of solid waste collection service charges that are not placed on the tax roll. (Ord. 29562.)

• A. In the event that solid waste collection service charges for the parcel identified in the director of finance's report do not exceed the solid waste collection service charges previously noticed for the parcel, the following notice and hearing procedures shall apply.

  1. The city clerk shall cause notice of the filing of the report and of a time and place of hearing thereon to be published, prior to the date for hearing, in a newspaper of general circulation printed and published within the city. The publication of the notice shall be once a week for two consecutive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates, not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day.

  2. At the time stated in the notice, the city council shall hear and consider all objections or protests, if any to the report referred to in the notice, and may continue the hearing from time to time.

  3. Upon the conclusion of the hearing, the city council may adopt, reduce, or modify any charge or overrule any or all objections provided that in no event may any charge be increased without following the procedure set forth in Subsection B below.

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§ 9.10.1204

4. The city council shall make its determination upon each charge as described in the director of finance's report, and the determination shall be final.

• B. In the event that the solid waste collection service charges for any parcel exceeds the solid waste collection service charges previously noticed for that parcel, notice and hearing shall be provided for the increase, in accordance with any requirements imposed under state law.

• (Ord. 29562.)

• A. For all parcels not on the tax roll, and for all parcels omitted by the director of finance from the report to the city clerk that is required by Section 9.10.1202, the director of finance shall prepare and mail a bill showing the total solid waste collection service charges computed in conformity with the provisions of this chapter and the city council resolution establishing fees for solid waste collection services for the service period provided.

• B. If the solid waste collection service charges for any parcel placed on the tax roll, or collected based upon billing was less than the actual services provided due to an error, the balance of the charges shall be collected by a bill based on a detailed statement showing the bases of the calculations, the location of the parcel and other relevant information.

• C. The director of finance shall mail any bill to the person or persons listed as the owners of the parcel on the last tax roll of the County of Santa Clara at the address shown on such assessment roll, or to the successor in interest of such owner if the name and address of such successor in interest are known to the director of finance.

• D. The solid waste collection service charges for such parcel shall be due and payable on the date the bill is mailed.

• E. Notwithstanding Subsection B and C above, if the bill for any one parcel exceeds one thou-

sand dollars, at the option of the property owner, and provided that one-half of the bill is paid on or before the original due date on the bill and a written request to pay in installments is provided to the director of finance, extended payment terms may be granted at the director of finance's discretion.

• (Ord. 29562.)

• A. Except as otherwise provided elsewhere in this chapter, the owner shall pay each solid waste collection service charges bill within the due date stated on the billing statement. Payments not made by the due date as indicated on the billing statement shall be deemed delinquent.

• B. For any solid waste collection service charges that are not billed on the tax roll, when a bill becomes delinquent, a late charge in an amount set forth in the schedule of fees established by resolution of the city council shall be added to the bill. The late charge shall be in addition to any administrative charges imposed pursuant to Section 9.10.1220 and in addition to any assessment charge imposed pursuant to Section 9.10.1270.

• C. In the event the late charge has not been paid prior to the recordation of a lien as provided in this chapter, the late charge shall be included in the amount of the lien.

• D. Notwithstanding Subsection A above, the director of finance may cancel the late charge for either single-family or multi-family solid waste collection services if:

  1. The owner of the parcel, their property manager, home owner association, or conservator whose name appears on the bill can demonstrate that, prior to its due date, the owner did not receive a bill for the billing period for which the late charge is imposed; and

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2. The owner files a request for cancellation with the director of finance within ninety days of receiving notice of the late charge.

• E. Notwithstanding Subsection A above, if the director of finance determines that a late charge was erroneously added to a bill for either singlefamily or multi-family solid waste collection service charges, the director of finance may:

  1. Cancel the late charge in any case where the error is discovered prior to the payment of the late charge; or

  2. Refund the late charge in any case where the error is discovered after the late charge has been paid.

• F. Notwithstanding Subsection A above, with respect to a late charge added to a bill for single-family or multi-family solid waste collection service charges, the director of finance may cancel the late charge in an amount not to exceed five hundred dollars if:

  1. The owner of the single-family or multifamily premises, their property manager, homeowner association, or conservator whose name appears on the bill requests a cancellation within thirty days of receiving notice of the late charge; and

  2. During the twenty-four-month period immediately preceding the billing date on the bill on which the late charge first appears, neither the owner, their property manager, homeowner association, or conservator whose name appears on the bill has been granted any other cancellation of a late charge for solid waste collection service charges at the single-family premises for which the bill was issued; and

ng the twenty-four-month period immediately preceding the billing date on the bill on which the late charge first appears, neither the owner, their property manager, homeowner association, or conservator whose name appears on the bill has been granted any other cancellation of a late charge for solid waste collection service charges at the single-family premises for which the bill was issued; and

3. Prior to the cancellation of the late charge, the owner, their property manager, home owner association, or conservator whose name appears on the bill pays the delinquent bill for which the late charge was imposed.

(Ords. 24315, 25436, 27708, 28859, 29562.)

For all late charges accrued under Section 9.10.1210, the director of finance shall initiate proceedings to make the total sum of solid waste collection service charges plus the late charge and any applicable administrative charges as set forth in the schedule of fees established by resolution of the city council a special assessment against the parcel(s) for which the solid waste collection service charges remain unpaid.

(Ords. 24315, 29562.)

• A. For all late charges and special assessments accrued under Sections 9.10.1210 and 9.10.1220, the director of finance shall prepare a report of delinquency and special assessment which shall include the name or names of the property owner, the address and assessor's parcel number of the property, the period of solid waste collection service for which the bill is delinquent, the amount due (including any late charges and administrative charges), and such other information as the director of finance determines appropriate.

• B. The director of finance shall present the report to the city council for a special assessment public hearing on the report and any protest or objections on the report. Such public hearings shall be held at such times as determined by the city council.

(Ords. 24315, 29562.)

• A. The director of finance shall cause written notice of the special assessment public hearing before the city council to be mailed to the owner of the parcel. Said notice shall state the time, date and place of the hearing and inform the owner of the owner's right to appear at the hearing and state any objections.

• B. The special assessment hearing notice shall be mailed to the owner of the parcel as such

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§ 9.10.1240

owner is designated in the last equalized assessment roll available on the date the director of finance causes the notice to be mailed and shall be mailed to such owner not less than ten days prior to the date of the special assessment hearing.

(Ords. 24315, 29562.)

• B. The director of finance shall notify the owner of the parcel that the special assessment has been confirmed by the city council, that the solid waste collection service charges, late charges and administrative charges are due to the city, and that a lien securing the special assessment has been recorded.

• (Ords. 24315, 29562.)

• A. At the time fixed for consideration of the report of the director of finance, the city council shall hear it together with any objections of the owners liable to be assessed for delinquent charges. At such hearing, the owner may appear and offer evidence why the report should not be confirmed.

• B. The city council may make such revisions, corrections or modifications of the report as the council deems just.

• C. If the city council is satisfied with the correctness of the report, as submitted by the director of finance or as revised, corrected or modified by the city council, the city council shall confirm the report by resolution.

• D. If the city council determines that the report of the director of finance should be rejected, such rejection shall be by resolution of the city council.

• E. The decision of the city council on the report and on all protests or objections to the report shall be binding, conclusive and final.

• (Ord. 24315.)

• A. The special assessment shall be collected at the same time and in the same manner and frequency as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes.

• B. The assessment shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The special assessment shall continue until all delinquent charges due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments.

• C. At the time the special assessment is placed on the property tax roll, there shall be added to the special assessment a special assessment charge as set forth in the schedule of fees established by resolution of the city council.

• (Ord. 24315.)

assessment secured by lien.

• A. Upon confirmation of the special assessment report by the city council, the delinquent solid waste collection service charges, the late charges and the administrative charges contained therein shall constitute a special assessment against the parcel for which the solid waste collection service charges bill remains unpaid. The director of finance shall record a lien in the office of the county recorder to secure the special assessment.

Any notice required to be given hereunder by the city or the director of finance to an owner shall be sufficiently given or served upon the owner for all purposes hereunder if personally served upon the owner or if deposited, postage prepaid, in the United States Mail addressed to the owner of the parcel assessed in the last equalized assessment roll available or, if no such address is available, to the address of the residential premises. (Ords. 24315, 29562.)

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§ 9.10.1350

As an alternative to the procedures set forth in Sections 9.10.1230 through 9.10.1260, the public hearing before the city council and the imposition of a special assessment lien by the city council referenced in those sections may be conducted and imposed by a designated body pursuant to Chapter 1.18 of this Code. (Ord. 25264.)

• A. If any owner disputes the amount of the solid waste collection service charges in any bill, including but not limited to any bill collected on the tax roll, the owner shall, within thirty days after the date such bill or invoice is mailed and no later, file a claim disputing the bill with the director of finance accompanied by detailed supporting factual data in support of the claim.

• B. It shall be the duty of each owner to provide to the director of finance that such bill or invoice is in error and the correct amount thereof. If the director of finance determines that the bill or invoice was in error, the director of finance shall correct the bill, and if the bill has been paid, issue a refund.

• C. Failure to dispute the amount of the charges in accordance with this section shall be deemed acceptance of the correctness of the charges.

• D. The city shall not be liable for interest on any amount determined to be refunded.

• (Ord. 29562.)

Incorrect categorization of property for billing purposes shall be considered a clerical error or arithmetic miscalculation, subject to the correction and refund provisions of Section 1.17.030 of this Code. The city shall not be liable for interest on any amount determined to be refunded. (Ord. 29562.)

Part 9

COMMERCIAL SOLID WASTE REGULATIONS

Sections:

• 9.10.1350 Garbage collection authorization required.

• 9.10.1360 Rubbish collection authorization required.

• 9.10.1370 Recyclables and organic materials collection authorization required.

• 9.10.1380 Mandatory solid waste, recyclable materials, and organic materials collection.

• 9.10.1390 Garbage containers permitted.

• 9.10.1395 Recycling and organic material containers permitted.

• 9.10.1400 Rubbish containers permitted.

• 9.10.1410 Placement of solid waste containers.

• 9.10.1420 Labeling and color of containers.

• 9.10.1430 Hours of collection.

• 9.10.1435 Commercial source reduction and recycling fee.

• 9.10.1436 Other requirements for commercial businesses.

• 9.10.1437 Reserved.

• 9.10.1438 Reserved.

• 9.10.1440 Exception for small businesses.

• 9.10.1445 Large event and large venue requirements.

No person shall collect or transport garbage, or any solid wastes mixed with garbage, from any commercial premises unless such person is authorized to do so pursuant to a commercial solid waste collection franchise granted to such person in accordance with Part 11 of this chapter. (Ords. 24315, 24718.)

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§ 9.10.1360

• A. No person shall engage in the business of collection of rubbish from commercial premises unless such person is authorized to do so pursuant to a commercial solid waste collection franchise granted to such person in accordance with Part 11 of this chapter.

• B. A person shall be deemed to be engaged in the business of rubbish collection when such person removes from the premises rubbish, whether or not the rubbish has been segregated from garbage and stored in a container separate from garbage.

• C. A person shall not be deemed to be engaged in the business of rubbish collection where the removal is of the following material, or is incidental to services provided at the premises by such person in connection with any of the following:

  1. Material that is generated at a commercial premises that is transported by the generator, in a vehicle owned by the company and operated by an employee of the company, for which there is no compensation to the hauler.

  2. Rubbish that is sold or donated by the generator where the generator does not incur any cost for collection, transportation, processing, or any other service provided by the person collecting the rubbish.

  3. Grading performed pursuant to a permit issued in accordance with Chapter 17.04 of this Code.

  4. Weed abatement or refuse abatement services performed pursuant to Chapter 9.12 of this Code.

  5. An abatement action performed pursuant to Chapter 17.02 or Chapter 17.40 of this Code by a person to whom the city has awarded a contract to perform such abatement.

(Ords. 24315, 24718, 25497, 29070.)

• A. No person shall engage in the business of collection of Recyclable Material or Organic Materials from Commercial Premises unless such person has a valid Commercial Solid Waste and recyclables collection franchise and/or Organic Materials collection franchise, as applicable, granted pursuant to Part 11 of this Chapter.

• B. A person shall be deemed to be engaged in the business of collection of Recyclable Material or Organic Materials, when such person removes from the Premises Recyclable Materials or Organic Materials which have been segregated from other Solid Waste and stored in a container separate from other Solid Waste, whether or not such person receives compensation for Handling the Recyclable Material or Organic Materials if such person is compensated for other services.

• C. A person shall not be deemed to be engaged in the business of Recyclable Material or Organic Materials collection where the removal is of the following material:

  1. Source Separated recyclables or Organic Materials sold or donated by the Generator where the Generator does not incur any cost for collection, transportation, Processing or any other service provided by the person collecting the Recyclable Material or Organic Materials.

  2. Secure document shredding.

  3. Recyclable Material or Organic Materials that are generated at a Commercial Premises that is transported by the Generator, in a vehicle owned by the Generator or Generator's company and operated by the Generator or an employee of the Generator's company, for which there is no compensation to the hauler.

  4. Food scraps that are separated by the Generator and used by the Generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7).

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§ 9.10.1390

5. Organic Material composted or otherwise legally managed at the site where it is generated or at a Community Composting site.

• (Ords. 24315, 24718, 25401, 25835, 29070, 30684.)

• A. The Owner of a Commercial Premises or the Generator of Solid Waste at such Premises or the agent of the Owner or Generator shall subscribe to and pay for Solid Waste, Recyclable Materials, and Organic Materials collection services provided by a Solid Waste Collector authorized to provide Commercial Solid Waste collection services pursuant to Section 9.10.1350.

• B. The minimum level of service to which the Owner, Generator or agent shall subscribe shall be the number and size of Solid Waste containers suitable for Garbage collection and the frequency of collection which is necessary for the removal and disposal of all Solid Waste generated at the Premises, which shall be not less than one (1) time per week.

• C. The minimum level of service necessary for the collection of all Solid Waste, Recyclable Materials, and Organic Materials generated at any Commercial Premises in a seven (7)-day period shall be determined by the Owner, Generator or agent and the Solid Waste Collector. In the event the Owner, Generator or agent and the Solid Waste Collector do not agree on the minimum level of service necessary, such determination shall be made by the Director or the Health Officer and shall be a minimum of thirty-two (32) gallons of Recycling collection service and thirty-two (32) gallons of organics Recycling collection service for every one (1) cubic yard of Solid Waste generated per week. In other words, for every two (2) cubic yards of Solid Waste generated per week, there must be at least sixty-four (64) gallons of Recycling collection service and sixty-four (64)

gallons or organics Recycling collection service per week. The Director or their designee may grant exemptions to this requirement if the business can demonstrate that they do not produce thirty-two (32) gallons of Organic Material or thirty-two (32) gallons of Recycling per week.

• D. The Director or their designee shall have the right to review the number and size of a Commercial Premises' containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials. The responsible party of the commercial business shall adjust their service level for their collection services as requested by the Director or their designee.

• E. Nothing in this Chapter prohibits an Owner or a Generator of a commercial business from preventing or reducing discarded materials generation, managing Organic Material on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

• (Ords. 24315, 24684, 24718, 26625, 30684.)

• A. Except for recyclable materials which are separated from other waste materials and placed in a recyclables container authorized by the director and except as provided in Sections 9.10.1400, 9.10.1500 and 9.10.1510, no owner of any commercial premises and no generator of solid waste at such premises shall store or accumulate solid waste at such premises except in a container meeting one of the following descriptions:

  1. A garbage disposal cart which satisfies the following requirements:

     • a. Has a close-fitting cover.

     • b. Is watertight.

     • c. Has handles or other devices to permit movement.

     • d. Is equipped with wheels or casters for easy movement.

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§ 9.10.1390

• e. Is free of sharp, rough or jagged surfaces or edges likely to cause injury.

• f. Does not exceed one hundred ten gallons in capacity.

• g. Is designed to be emptied mechanically by a collection vehicle.

2. A garbage can which satisfies the following requirements:

   • a. Is constructed of metal, plastic or other substantial nonabsorbent material.

   • b. Is of sufficient strength and rigidity to hold without collapse all garbage and/or other refuse deposited and kept therein and shall be of sufficient strength and rigidity to prevent the can from being broken or crushed under ordinary conditions of use.

   • c. Has a close-fitting cover.

   • d. Is equipped with two attached handles or bales, one on each side of the can, of sufficient strength and size and so located to facilitate the lifting and handling of the can.

   • e. Is watertight.

   • f. Is free of sharp, rough or jagged surfaces or edges likely to cause injury to persons lifting or handling the can.

   • g. Is of such shape that it can be lifted and handled without unreasonable strain by one person.

   • h. Does not exceed thirty-two gallons in capacity.

   • i. Does not, together with its contents, exceed sixty pounds in weight.

3. A standard garbage bin which satisfies the following requirements:

   • a. Has a close-fitting cover.

   • b. Is watertight.

   • c. Is free of sharp, rough or jagged surfaces or edges likely to cause injury.

     • d. Is designed to be emptied mechanically by a collection vehicle.

     • e. Is kept on the premises in a hardsurfaced, accessible location.

   4. A compactor unit or a separate compactor and receiving box which satisfies the requirements of Subsection A.3. of this section.

• B. The owner of any container used for the storage or accumulation of solid waste at commercial premises shall maintain the container free of graffiti, and shall remove any graffiti from such container within forty-eight hours of notification by the city that there is graffiti on the container.

(Ords. 24315, 24718, 27725.)

• A. All Recycling and Organic Material containers used in the City shall be nonabsorbent, watertight, vector-resistant, durable, easily cleanable, and designed for safe Handling.

• B. The Generator shall keep and maintain all Recycling and Organic Material containers in a place or manner that does not impede normal vehicular traffic, public transportation or pedestrian or wheelchair access to public rightsof-way except when the containers are set out for collection.

• C. The Generator shall not cause or permit any Recycling container or an Organic Material container to be filled in a manner which causes the container to overflow, or any offensive vapors, gases or odors to leak from the container except when the Recyclable Material or Organic Material is being placed into or removed from the Recycling or Organic Material container. Placing the container inside of an enclosure or providing a permanent/affixed lid are acceptable forms of covering the container. Roll-off boxes shall be covered by tarps or other covers which prevent water from intruding into the container.

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§ 9.10.1410

• D. The Generator shall keep any Recycling or Organic Material container clean and sanitary; and maintain the container as may be necessary to repel and keep away flies and rodents.

• E. The Generator shall not cause or permit the Recyclable Material or Organic Material to be so compacted or otherwise placed, kept or accumulated in any container in a manner which does not allow the contents of the container to fall out, by their own weight, upon the container being lifted and turned upside down.

• F. No Owner of any Commercial Premises and no Generator of Recyclable Material or Organic Material at such Premises shall store or accumulate Recyclable Material or Organic Material at such Premises except in a container described in Section 9.10.1390 or in a container meeting one of the following descriptions:

  1. A roll-off box: A metal container that must be loaded on a collection vehicle and has the capacity to contain to forty (40) cubic yards of material.

  2. A front-load container: A collection container designed to be emptied mechanically by a collection vehicle, is constructed of metal or plastic, and is one (1) to eight (8) cubic yards in size.

  3. Other types: Recycling container composed of durable plastic (such as carts and woven polypropylene bags) or metal that are designed to collect Solid Waste.

• G. The Owner of any Recycling container or Organic Material container used for the storage or accumulation of Recyclable Material or Organic Material at Commercial Premises shall maintain the Recycling container free of graffiti, and shall remove any graffiti from such container within forty-eight (48) hours of notification by the City that there is graffiti on the container.

(Ords. 29070, 30684.)

No owner of any commercial premises and no generator of rubbish at such premises shall store or accumulate rubbish at such premises except in a container described in Section 9.10.1390 or in a container meeting one of the following descriptions:

• A. A standard rubbish bin which satisfies the following requirements:

  1. Either (a) has a close-fitting cover, or (b) is used solely for the storage of inert, nonflammable rubbish and is designed and used in a manner such that the rubbish does not blow or otherwise escape from the container.

  2. Is watertight.

  3. Is free from sharp, rough or jagged surfaces or edges likely to cause injury.

  4. Is designed to be emptied mechanically by a collection vehicle.

  5. Is kept on the premises in a hardsurfaced, accessible location.

• B. A rolloff box that either:

  1. Satisfies the requirements of subsection A. of this section; or

  2. Is used solely for a temporary cleanup, construction or demolition project and is removed, covered or secured when project workers are not present on the site.

• (Ords. 24315, 24718.)

No Commercial Solid Waste Container or Rubbish container shall be kept or permitted to remain upon the public Furnishing Zone/Parkstrip, as defined in Section 11.04.110, except during the twelve (12) hours immediately preceding the scheduled time of collection by the Solid Waste Collector and during the six (6) hours immediately following collection. No Commercial Solid Waste or Rubbish container shall otherwise be placed, kept or main-

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tained within or upon any public sidewalk, Furnishing Zone/Parkstrip, curb, gutter, alley, street, or other public right-of-way. (Ords. 24315, 24718, 26625, 30100, 30684.)

Each commercial container that is provided at any Commercial Premises by an authorized collector for collection of Solid Waste, Recyclable Materials, or Organic Materials shall be labeled by the authorized collector with the name and telephone number of the authorized collector. Each container must include text which reads "Clean Up All Leaks/ Spills Promptly." All labels required by this Section shall be in letters not less than four (4) inches high. Containers provided by an authorized collector shall comply with the container color and label requirements and compliance timeline set forth in 14 CCR, Division 7, Chapter 12, Article 3, or as otherwise specified by the Director. (Ords. 24315, 24718, 29070, 30684.)

• A. No Solid Waste, Organic Materials, or Commingled Recyclables shall be collected, taken, moved or transported from any Commercial Premises that is within three hundred (300) feet of any Residential Premises, except between the hours of 6:00 a.m. and 6:00 p.m. of any day. The Director may grant an exception to these collection limitations if the Solid Waste Collector demonstrates to the satisfaction of the Director that such exception will not create noise, impediment of traffic flow, or other interference with the quiet enjoyment of the Residential Premises.

• B. The Director may impose restrictions on the hours of collection from Commercial Premises in addition to the restrictions set forth in subsection A. if the Director determines that additional time limitations are needed to mitigate an impediment to traffic flow on an interference with the quiet enjoyment of adjacent Residential Premises.

• C. The limitations in this Section do not apply to Solid Waste, Organic Materials, or recyclables collection from City facilities or to Solid Waste, Organic Materials, or recyclables collection performed in connection with City-sponsored activities or events.

(Ords. 24315, 24718, 25835, 27725, 30684.)

recycling fee.

• A. Each Commercial Solid Waste Generator in the City shall pay a Source Reduction and Recycling Fee as set forth in the schedule of fees adopted by resolution of the City Council. Such fee shall be based on the types or amounts of Commercial Solid Waste produced and shall be used to pay the costs incurred by the City in: (i) preparing, adopting and implementing the Integrated Waste Management Plan required under Division 30 of the California Public Resources Code; and (ii) implementing Organic Material and Recyclable Materials diversion programs and services for compliance with current and future applicable law, including, but not limited to, AB 341, AB 1826, and SB 1383. The City shall retain the sole right to set priorities for the use of its Source Reduction and Recycling Fee.

• B. Each Commercial Solid Waste Generator shall pay the Source Reduction and Recycling Fee to the Solid Waste Collector authorized by the City to provide Commercial Solid Waste collection services. Said fee shall be due and payable at such times as the fees or charges for Solid Waste collection services are due and payable to the Commercial Solid Waste Collector.

• C. The Commercial Solid Waste Collector shall remit to the City the Source Reduction and Recycling Fee, paid to the Commercial Solid Waste Collector by the Commercial Solid Waste Generators, at the time the Commercial Solid Waste Collector submits franchise fees under Section 9.10.1710. The fees shall be remitted to the City's Director of Finance and

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shall be accompanied by a written statement, verified by the person making the payment or a duly authorized representative of the person, showing the calculation of the remitted fees in such form and detail as the Director of Finance may require and showing such other information as the Director of Finance may determine is material to a determination of the amount due.

• D. If a Commercial Solid Waste Generator fails or refuses to pay the Source Reduction and Recycling Fee when said fee is due and payable, the City may collect the fee, plus any late payment charges set forth in the schedule of fees adopted by resolution of the City Council, directly from the Commercial Solid Waste Generator or from the Owner of the Premises to which Commercial Solid Waste collection services have been provided by the Solid Waste Collector.

pay the Source Reduction and Recycling Fee when said fee is due and payable, the City may collect the fee, plus any late payment charges set forth in the schedule of fees adopted by resolution of the City Council, directly from the Commercial Solid Waste Generator or from the Owner of the Premises to which Commercial Solid Waste collection services have been provided by the Solid Waste Collector.

• E. If, within the time specified in Section 9.10.1710, the Solid Waste Collector fails to remit to the City the Source Reduction and Recycling Fees paid to the Solid Waste Collector by the Commercial Solid Waste Generator, the Solid Waste Collector shall pay to the City a late payment charge in an amount equal to ten percent (10%) of the Source Reduction and Recycling Fees that were not timely remitted. If the Solid Waste Collector fails to remit such fees within thirty (30) days of the date required by Section 9.10.1710, the Solid Waste Collector shall pay a second late payment charge in an amount equal to ten percent (10%) of the Source Reduction and Recycling Fees that were not remitted within the thirty (30)day period. Such second late payment charge shall be in addition to the first late payment charge. In addition, the Solid Waste Collector shall pay interest on all Source Reduction and Recycling Fees that were paid to the Solid Waste Collector by the Solid Waste Generators but not timely remitted to the City at the rate of ten percent (10%) per annum or the

legal rate allowed, whichever is less, from the date said fees were due to the date actually remitted.

• F. In the event a Commercial Solid Waste Generator fails or refuses to pay the Source Reduction and Recycling Fee to the Commercial Solid Waste Collector at the time the fees or charges for Solid Waste collection services are due and payable to the Solid Waste Collector, the Solid Waste Collector shall notify the City of the name and address of the Solid Waste Generator who refused or failed to pay the Source Reduction and Recycling Fee for the applicable reporting period and shall provide to the City such additional account information (including the size of the Solid Waste containers, the frequency of collection, and the amount of the Source Reduction and Recycling Fee the Generator failed or refused to pay) sufficient for the City to pursue collection of the unpaid fee from the Generator. Such information shall be provided by the Commercial Solid Waste Collector, in the form specified by the Director or the Director of Finance, at the time the Commercial Solid Waste Collector submits franchise fees under Section 9.10.1710. The Commercial Solid Waste Collector may, in lieu of providing the information required by this subsection F., pay to the City the Source Reduction and Recycling Fees otherwise payable by the Commercial Solid Waste Generator.

Collector, in the form specified by the Director or the Director of Finance, at the time the Commercial Solid Waste Collector submits franchise fees under Section 9.10.1710. The Commercial Solid Waste Collector may, in lieu of providing the information required by this subsection F., pay to the City the Source Reduction and Recycling Fees otherwise payable by the Commercial Solid Waste Generator.

• G. Any person authorized to perform commercial collection services in the City pursuant to a franchise based on a geographic service district shall pay a Source Reduction and Recycling Fee as set forth in the schedule of fees adopted by resolution of the City Council. Such fee shall be based on the types or amounts of Commercial Solid Waste produced and shall be used to pay the costs incurred by the City in: (i) preparing, adopting and implementing the Integrated Waste Management Plan required under Division 30 of the California Public Resources Code; and (ii) implementing

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Organic Material and Recyclable Materials diversion programs and services for compliance with current and future applicable law, including, but not limited to, AB 341, AB 1826, and SB 1383. The City shall retain the sole right to set priorities for the use of its Source Reduction and Recycling Fee.

• H. The Commercial Solid Waste Collector shall remit to the City the Source Reduction and Recycling Fee at the time the Commercial Solid Waste Collector submits franchise fees under Section 9.10.1710. The fees shall be remitted to the City's Director of Finance and shall be accompanied by a written statement, verified by the person making the payment or a duly authorized representative of the person, showing the calculation of the remitted fees in such form and detail as the Director of Finance may require and showing such other information as the Director of Finance may determine is material to a determination of the amount due.

• I. If, within the time specified in Section 9.10.1710, the Solid Waste Collector fails to remit to the City the Source Reduction and Recycling Fees, the Solid Waste Collector shall pay to the City a late payment charge in an amount equal to ten percent (10%) of the Source Reduction and Recycling Fees that were not timely remitted. If the Solid Waste Collector fails to remit such fees within thirty (30) days of the date required by Section 9.10.1710, the Solid Waste Collector shall pay a second late payment charge in an amount equal to ten percent (10%) of the Source Reduction and Recycling Fees that were not remitted within the thirty (30)-day period. Such second late payment charge shall be in addition to the first late payment charge. In addition, the Solid Waste Collector shall pay interest on all Source Reduction and Recycling Fees that were not timely remitted to the City at the rate of ten percent (10%) per annum or the legal rate allowed, whichever is less, from the date said fees were due to the date actually remitted.

(Ords. 24315, 24684, 24718, 25091, 25374, 29069, 30684.)

• A. Owners of commercial businesses shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Section 9.10.1436 B below) for employees, contractors, Tenants, and customers, consistent with City's Recyclable Materials container, Organic Materials container, and Solid Waste container collection service or, if self-hauling, consistent with the Commercial Premises' approach to complying with Self-Hauler requirements.

• B. Owners of commercial businesses shall provide containers for the collection of Source Separated Recyclable Materials and Source Separated Organic Materials in all indoor and outdoor areas where Solid Waste containers are provided for customers, for materials generated by that commercial business. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the commercial business does not have to provide that particular container in all areas where Solid Waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the commercial business shall have one (1) or both of the following:

  1. A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. The commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end

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of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

• C. To the extent practical through education, training, Inspection, and/or other measures, the Owner of the commercial business shall prohibit employees from placing materials in a container not designated for those materials per the City's Recyclable Materials, Organic Materials, and Solid Waste collection service or, if self-hauling, per the instructions of the commercial business' responsible party to support its compliance with requirements of this Chapter.

, and/or other measures, the Owner of the commercial business shall prohibit employees from placing materials in a container not designated for those materials per the City's Recyclable Materials, Organic Materials, and Solid Waste collection service or, if self-hauling, per the instructions of the commercial business' responsible party to support its compliance with requirements of this Chapter.

• D. The Owner of the commercial business shall periodically inspect Recyclable Materials containers, Organic Materials containers, and Solid Waste containers for Prohibited Container Contaminants and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

• E. The Owner of the commercial business shall annually provide information to employees, contractors, Tenants, and customers about Recyclable Materials and Organic Material recovery requirements and about proper sorting of Recyclable Materials, Organic Materials, and Solid Waste.

• F. The Owner of the commercial business shall provide education information before or within fourteen (14) days of occupation of the Prem-

ises to new Tenants that describes requirements to Source Separate Recyclable Materials, Organic Materials, and Solid Waste in accordance with the City's collection programs and the location of containers and the rules governing their use at each property.

• G. The Owner of the commercial business shall provide or arrange access for the Director or their designee to their properties during all inspections conducted in accordance with this Chapter to confirm compliance with the requirements of this Chapter.

• H. If the Owner of a commercial business wishes to self-haul materials, the Owner of the commercial business shall meet the self-haul requirements of this Chapter.

• (Ord. 30684.)

Editor’s note— Ord. 29070, § 13, adopted May 15, 2012, repealed § 9.10.1437, which pertained to reporting requirements for nonprofit charitable reusers.

Editor’s note— Ord. 29070, § 14, adopted May 15, 2012, repealed § 9.10.1438, which pertained to revocation of nonprofit charitable reuser exemption.

• A. The provisions of this part shall not apply to commercial premises which generate less than one cubic yard of solid waste per week and which are approved by the director for inclusion in the city's residential solid waste collection program.

• B. The regulations set forth in Part 7 of this chapter shall apply to the commercial premises described in subsection A. of this section except:

  1. No owner of such commercial premises and no generator of any solid waste at such premises shall set out any waste oil at such premises.

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2. No owner of such commercial premises and no generator of any solid waste at such premises shall set out any uncontainerized recyclables except corrugated cardboard which is set out for collection in the manner described in Section 9.10.1080 C.

• (Ords. 24315, 24718.)

• A. Any person seeking permission to conduct a Large Event, as defined in Part 2, where the event generates Solid Waste such as, but not limited to, paper, beverage containers, or food shall develop a waste reduction and Recycling strategy and shall file a copy of the strategy with the City's Director of Environmental Services. The waste reduction and Recycling strategy shall include an estimate of the amount and types of waste anticipated from the event, proposed actions to reduce the amount of waste generation related to the event, and arrangements for separation, collection and diversion from landfills of reusable, recyclable, and compostable materials. Within ten (10) calendar days after the conclusion of the event, the applicant shall submit to the Director of Environmental Services a copy of all weight or cubic yardage receipts for the Solid Waste and for the recyclables and Organic Materials from the receiving waste hauler, service charity, Recycling Center, or other such entity receiving the materials. Alternative documentation of diversion from the landfill may be acceptable if approved by the Director of Environmental Services at the time the strategy is filed with the Director.

Owner or manager shall submit an annual report to the Director of Environmental Services that lists the weight or cubic yardage of Solid Waste, Organic Materials, and Recyclable Materials generated at the venue facility during the twelve (12) months from September 1 of a calendar year to August 31 of the next calendar year and the type, amount (by weight or cubic yardage), and destination of all Solid Waste disposed and each Recyclable Material sold or donated during that twelve (12) month period.

• C. The Director of Environmental Services may exempt an event operator described in subsection A. or a venue facility Owner from some of the requirements of this Section if the Director determines that the event or venue facility does not generate significant amounts of Solid Waste or recyclables or because of localized market conditions for a particular Recyclable Material.

• D. Large Events and Large Venues that qualify as commercial Edible Food Generators, as defined in Part 18, shall additionally comply with the Edible Food recovery requirements set forth in Part 18.

(Ords. 27725, 28543, 30684.)

Part 10

SPECIAL PROVISIONS FOR CENTRAL BUSINESS DISTRICT AND TRANSIT MALL ZONE

Sections:

• 9.10.1510 Establishment of transit mall zone.

• B. All Large Venues, as defined in Part 2, shall prepare and adopt an annual waste prevention strategy to reduce the amount of waste material generated by facility operations, and shall file a copy of the strategy with the Director of Environmental Services on or before January 31 of each calendar year. The venue facility

  • 9.10.1520 Solid waste collection regulations for transit mall zone.

• 9.10.1500 Central business district - Described - Collection hours and procedures.

• A. Notwithstanding any other provisions of this Chapter, the following regulations shall apply

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• to the collection of Solid Waste and Commingled Recyclables in that area of the City designated as the "Central Business District," the boundaries of which are described as follows: Commencing at Market and Julian Streets; east on Julian to Fourth Street; then south on Fourth Street to San Salvador; west on San Salvador to South Market Street; then northwest on Market Street to San Carlos Street; west on San Carlos to Almaden Boulevard; north on Almaden Boulevard to Santa Clara Street; east on Santa Clara Street to Market Street; then north on Market Street to West Julian Street, the point of beginning.

• B. Unless expressly exempted therefrom by the Director, all occupants of Premises within the Central Business District (excepting occupants of hotel rooms and persons to whom Solid Waste or recyclables collection services are provided by and at the expense of another) shall subscribe to Solid Waste collection service from a Solid Waste Collector authorized to provide Solid Waste, Organic Materials, and recyclables collection services under the provisions of this Chapter. Such subscription shall be for service on at least a weekly basis, or more often as required by the Director.

• C. The Generator shall place all Solid Waste containers, all Organic Materials containers, and all Commingled Recyclables containers in an accessible location in a smooth, hard-surfaced area for collection only between the hours of 10:00 p.m. of the day immediately preceding collection and 6:00 a.m. of the day of collection.

• D. Solid Waste, Organic Materials, and recyclables collection shall include both sides of the boundary streets described in this Section.

• E. Collections shall take place not earlier than 12:01 a.m. and shall be completed by 6:00 a.m. on the same day except as follows:

  1. The Director may grant an exception to these collection limitations if the Solid Waste Collector demonstrates to the satisfaction of the Director that such excep-

tion will not impede the flow of traffic in the Central Business District and will not in any way interfere with or hinder either the normal operation or maintenance of the Central Business District or the services provided in said district.

2. The Director may impose restrictions on the hours of collection in addition to the restrictions set forth in this subsection E. if the Director determines that additional time limitations are needed to mitigate an impediment to traffic flow, an interference with the normal operation or maintenance of the Central Business District, or an interference with the quiet enjoyment of adjacent Residential Premises.

• F. Following collection, the collector shall place emptied Solid Waste containers, Organic Materials containers, and Commingled Recyclables containers back on the curb in a neat and orderly manner with their lids firmly replaced.

• G. The Generator shall remove all emptied Solid Waste containers, Organic Materials containers, and Commingled Recyclables containers from the curb, sidewalk or other public rightof-way not later than 9:00 a.m. on the same day that collection occurs, except where the Director has granted an exception to the collection time limitations pursuant to subsection E. above and such exception expressly permits removal after 9:00 a.m.

• H. All Solid Waste, Organic Materials, and Commingled Recyclables containers shall be one (1) of the following:

  1. A standard thirty-two (32)-gallon Solid Waste can with a tight-fitting lid which together with its contents does not exceed a weight of sixty (60) pounds.

  2. A standard metal storage/collection bin with a metal cover or a plastic cover approved by the Director, provided by the Solid Waste Collector and which to-

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gether with its contents does not exceed a weight of two (2) pounds per gallon of container capacity.

3. A wheeled collection cart with a tightfitting lid which is provided by the Solid Waste Collector, is designed for use by semiautomatic or automatic collection equipment and which together with its contents does not exceed a weight of two (2) pounds per gallon of capacity.

4. If approved for uncontainerized collection, a plastic collection bag, of a type approved by the Director, with wire-tie closure which together with its contents does not exceed a weight of sixty (60) pounds.

(Ords. 24315, 24718, 25835, 26625, 30684.)

• A. There is hereby established the "Transit Mall Zone," the boundaries of which are as follows: Commencing at Market and Julian Streets; east on Julian Street to Third Street, then south on Third Street to San Carlos Street; then west on San Carlos Street to Market Street; then north on Market Street to Julian Street, the point of beginning; but excluding any Premises which face Julian, Third, San Carlos or Market Streets.

• B. The regulations set forth in Section 9.10.1500 shall apply to the collection of Solid Waste, Organic Materials, and Commingled Recyclables from all Premises located in the Transit Mall Zone which have rear access for Solid Waste, Organic Materials, or recyclables collection and where all Solid Waste, Organic Materials, and/or recyclables are collected from the rear access location.

• C. In addition to the regulations set forth in Section 9.10.1500, the regulations contained in Section 9.10.1520 shall apply to the collection of Solid Waste, Organic Materials, and Commingled Recyclables from all Premises located in the Transit Mall Zone which do not have rear access for Solid Waste collection or where

Solid Waste, Organic Materials, or Commingled Recyclables collection is from a location other than the rear access location.

(Ords. 24315, 25835, 30684.)

• A. No person shall keep or maintain any Solid Waste, Solid Waste container, Organic Materials container, Commingled Recyclables, or Commingled Recyclables container at, nor shall any person collect Solid Waste, Organic Materials, or Commingled Recyclables from, any Premises located in the Transit Mall Zone established by Section 9.10.1510 and described in Section 9.10.1510 C. except in conformance with the regulations set forth in this Section.

• B. All Solid Waste, Organic Materials, and Commingled Recyclables containers shall be standard metal or plastic containers approved by the Director, equipped with plastic or rubber wheels and tight-fitting lids, and designed for use by semiautomatic or automatic collection equipment.

• C. No Solid Waste shall be placed outside any Premises in any container other than the standard containers described in subsection B. unless the Solid Waste Generator has applied to the Director for an exemption to the requirements of subsection B. and the Director grants such exemption after finding all of the following:

  1. No Garbage is produced on the Premises; and

  2. Space for Solid Waste storage inside or behind the Premises is so limited as to preclude the storage of the standard container described in subsection B.; and

  3. The Generator will use only disposal bags of sufficient quality and specification.

• D. All Solid Waste containers described in subsection B., all Organic Materials containers, and all Commingled Recyclables containers shall be clearly marked by the Generator or the collector to show the name and address of

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the Generator or shall be clearly identified by such other means as is approved by the Director. All containers shall comply with the labeling and color requirements of Section 9.10.1420.

• E. All Solid Waste containers, all Organic Materials containers, and all Commingled Recyclables containers shall be kept and maintained in conformance with Section 9.10.1500, except that the gross weight for any container described in subsection B. of this Section shall not exceed two (2) pounds for each one (1) gallon of container volume.

• F. Solid Waste, Organic Materials, and Commingled Recyclables collections shall take place no earlier than 12:01 a.m. and shall be completed by 6:00 a.m. the same day except as follows:

  1. The Director may grant an exception to these collection limitations if the Solid Waste, Organic Materials, or Commingled Recyclables collector demonstrates to the satisfaction of the Director that such exception will not impede the flow of traffic in the Transit Mall Zone and will not in any way interfere with or hinder either the normal operation or maintenance of the Transit Mall Zone or the services provided in said Zone.

eption to these collection limitations if the Solid Waste, Organic Materials, or Commingled Recyclables collector demonstrates to the satisfaction of the Director that such exception will not impede the flow of traffic in the Transit Mall Zone and will not in any way interfere with or hinder either the normal operation or maintenance of the Transit Mall Zone or the services provided in said Zone.

2. The Director may impose restrictions on the hours of collection in addition to the restrictions set forth in this subsection F. if the Director determines that additional time limitations are needed to mitigate an impediment to traffic flow, an interference with the normal operation or maintenance of the Transit Mall Zone, or an interference with the quiet or enjoyment of adjacent Residential Premises.

• G. All Solid Waste containers, Organic Materials containers, and Commingled Recyclables containers, including disposal bags, if allowed pursuant to subsection C., shall be kept or stored within or behind the Generator's Premises at all times except that containers may be set out

for collection between the hours of 10:00 p.m. of the day immediately preceding to collection and 6:00 a.m. of the day of collection. Containers shall be permitted to remain in the set-out location after 6:00 a.m. only in the case where the Director has granted an exception to the collection time limitations pursuant to subsection F. above and such exception expressly permits removal of containers after 6:00 a.m.

• H. All Solid Waste containers, Organic Materials containers, and Commingled Recyclables containers set out for collection, including disposal bags, if allowed pursuant to subsection C., shall be placed at or behind the building line of the Premises or in a recessed doorway of the Premises. Containers placed in recessed doorways shall not be placed in any manner that would hinder ingress or egress of emergency services personnel or, during business hours, members of the public.

• I. If any provision of this Section conflicts with a provision of Section 9.10.1500, the provision contained in this Section shall prevail.

• (Ords. 24315, 25835, 26625, 30684.)

Part 11

COMMERCIAL SOLID WASTE, ORGANIC MATERIALS, AND RECYCLABLES COLLECTION FRANCHISES*

Sections:

*Editor’s note— Ord. 30684, § 72, adopted Nov. 16, 2021, changed the title of Part 11 from "Commercial Solid Waste And Recyclables Collection Franchises" to "Commercial Solid Waste, Organic Materials, And Recyclables Collection Franchises," as set out herein.

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§ 9.10.1600

• 9.10.1630 Restrictions on customer contracts.

• 9.10.1635 Franchise categories.

• 9.10.1640 Application for franchise.

• 9.10.1650 Public hearing.

• 9.10.1660 Council decision - Criteria for granting franchise.

• 9.10.1670 Requirements for franchise effectiveness.

• 9.10.1680 Term of franchise.

• 9.10.1685 Other commercial franchise requirements.

• 9.10.1690 Termination or suspension of franchise.

• 9.10.1695 Maximum commercial solid waste, organic materials, and recyclable material collection service rate.

• 9.10.1700 Franchise transfer or assignment.

• 9.10.1710 Franchise fees.

and any ordinances amendatory thereof, together with the applicable provisions of the City Charter, and these provisions shall constitute the exclusive procedure applicable to the granting of franchises for the conduct of the business of collecting, transporting or disposing of Commercial Solid Waste, Organic Materials, or Recyclable Material. (Ords. 24315, 24718, 25835, 29070, 30684.)

No person shall engage in the business of collecting, transporting or disposing of Commercial Solid Waste, Organic Materials, or Recyclable Material kept, accumulated or generated in the City unless:

• A. A franchise therefore has first been granted pursuant to the provisions of this Part and such franchise is in full force and effect; and

• B. A written franchise agreement therefore has been executed between such person and the City and such agreement is in full force and effect.

(Ords. 24315, 24718, 25835, 29070, 29561, 30684.)

• A. It is hereby declared and determined that the business of collecting and transporting of Commercial Solid Waste, Organic Materials, and Recyclable Materials generated, kept or accumulated in the City, or of disposing of such Commercial Solid Waste, Organic Materials, and Recyclable Materials, is in the nature of a public service and should be regulated by the City. The use of any public street or public property in connection with such business is of great concern to the City and should be regulated by the City. Therefore, it is the purpose of this Part to provide such regulation.

• B. Pursuant to the provisions of Article XIII of the City Charter, the City hereby elects to have the grant of franchises governed by this Part,

The Council may and is hereby empowered to grant by ordinance to any person, whether operating under an existing franchise or not, a franchise to engage in the business of collecting, transporting, or disposing of Commercial Solid Waste, Organic Materials, or Recyclable Material kept, accumulated or generated in the City.

(Ords. 24315, 24718, 25835, 29070, 30684.)

• A. No provision of this part shall be deemed to require the city council to grant any franchise or franchises if the council finds or determines that the grant of any such franchise or franchises is not for the public good.

• B. All franchises shall be subject to the terms and conditions specified in the Charter of the City

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of San José, to the terms and conditions specified in this part, and to the terms and conditions specified in the franchise agreement.

• C. In granting any franchise, the city council may prescribe such other additional terms and conditions, not in conflict with the City Charter or this part, as in the judgment of the city council are in the public interest.

• (Ords. 24315, 24718, 29070.)

• A. Any contract between a grantee and any generator/customer for commercial solid waste collection services provided pursuant to a franchise granted under this part shall meet the following requirements:

  1. Contracts entered into prior to July 1, 1999, shall provide for cancellation of the contract by the generator/customer upon not less than thirty days notice in any case where:

     • a. The cancellation occurs not less than six months after the initial date of the contract; and

     • b. The generator/customer is not in arrears with respect to collection service charges due to the grantee through the date of the notice of cancellation.

  2. Nothing herein shall prohibit the grantee from permitting cancellation of the contract by the generator/customer earlier than six months after the initial date of the contract, nor prohibit the grantee from permitting cancellation of the contract even though the generator/customer is in arrears with respect to service charges.

  3. Contracts entered into on or after July 1, 1999, but prior to July 2, 2004, shall provide for cancellation of the contract by the generator/customer upon not less than thirty days notice in any case where:

     • a. The cancellation occurs not less than twelve months after the initial date of the contract; and
  • b. The generator/customer is not in arrears with respect to collection service charges due to the grantee through the date of the notice of cancellation.

4. Nothing herein shall prohibit the grantee from permitting cancellation of the contract by the generator/customer earlier than twelve months after the initial date of the contract, nor prohibit the grantee from permitting cancellation of the contract even though the generator/customer is in arrears with respect to service charges.

5. Contracts entered into on or after July 2, 2004, shall provide for cancellation of the contract by the generator/customer upon not less than thirty days notice in any case where the cancellation occurs not less than twelve months after the initial date of the contract. Nothing herein shall prohibit the grantee from permitting cancellation of the contract by the generator/customer earlier than twelve months after the initial date of the contract.

6. Contracts entered into on or after July 1, 2006, shall provide for cancellation of the contract by the generator/customer (a) upon not less than thirty days notice in any case where the cancellation occurs not less than twelve months after the initial date of the contract, or (b) without further notice in any case where the customer has provided the grantee a written request that the grantee provide solid waste collection services using a wheeled garbage disposal cart described in Section 9.10.1390 or a wheeled recyclables cart and the grantee has failed to provide such service within thirty days of the date of the request. Nothing herein shall prohibit the grantee from permitting cancellation of the contract by the generator/ customer earlier than twelve months after the initial date of the contract.

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7. The contract shall require that the grantee provide not less than sixty days notice to the generator/customer before any automatic renewal of the contract may occur. The grantee shall provide such notice by personal service, with proof of service, or by United States mail, return receipt requested, to the person who signed the contract on behalf of the generator/ customer or to that person's successor.

   8. The contract shall provide that its continuation is dependent upon the grantee having a valid solid waste and recyclable material collection franchise granted by the city.

• B. For the purposes of Subsection A., "initial date of the contract" means the effective date of the contract whereby the grantee first agrees to provide collection services to the generator/ customer. No amendment, extension, automatic renewal, change in service level, or other modification of the contract nor any new contract shall begin a new six-month or twelvemonth, as applicable, period for cancellation by the generator/customer unless the grantee has not provided collection services to the generator/customer for a period of at least sixty consecutive days.

• C. The grantee may comply with the requirements of this section by entering into an amendment or addendum to a standard service contract where the amendment or addendum is in a form approved by the director.

• D. The requirements of this section do not apply to contracts for temporary debris box collection services that are not provided to the generator/customer on a regular basis.

• (Ords. 24718, 25091, 25835, 27148, 27725, 29070.)

The City Council may, in its sole discretion, grant a Commercial Solid Waste and Recyclable Material collection franchise which is limited to the collection of Solid Wastes, Organic Materials, or Recyclable Material in categories determined by

the City Council and described in the ordinance granting the franchise or in the franchise agreement.

(Ords. 24718, 25835, 29070, 30684.)

• A. All applications for franchises pursuant to this Part shall be in writing and shall be filed with the Director.

• B. Each application for a franchise shall be on a form provided by the Director, shall include all attachments required by the Director, and shall contain the following information:

  1. The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall be set forth in the application. If the applicant is a corporation, the application shall state the names and addresses of the corporation's directors, main offices, major stockholders and associates, and the names and addresses of the parent and subsidiary companies.

  2. The names of the executive, operational and financial managers to be used in connection with the Solid Waste and recyclables collection services, together with documentation that such persons and the applicant have sufficient experience in Solid Waste Handling to perform Solid Waste, Organic Materials, and recyclables collection services in the City.

  3. A list of all vehicles, including license plate numbers and vehicle identification numbers, to be used in connection with the franchise for which the application is filed.

  4. Proof satisfactory to the Director that the applicant has adequate financial resources to conduct the Commercial Solid Waste collection services.

  5. Such additional information as may be reasonably requested by the Director.

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• C. The application shall be signed by the person applying for the Solid Waste, Organic Materials, and recyclables collection franchise or by a person authorized to bind the applicant.

• (Ords. 24315, 24718, 25091, 25835, 30684.)

• A. Upon receiving an application for a franchise under the provisions of this part, the director shall forward a copy to the city clerk.

• B. Upon receipt of the copy of the application, the city clerk, subject to the rules of the city council as to the hour and place of public hearings which shall be conducted by it, shall set a date for a public hearing by the city council on the application for a rubbish collection franchise.

• C. The city clerk shall cause notice of the application and of the time and place of hearing on the application to be published at least once in a newspaper of general circulation in the city at least five days prior to the date set for the hearing.

• D. At the hearing on an application for a franchise, the city council shall give all persons desiring to be heard a reasonable opportunity to present evidence or otherwise be heard in favor of or in opposition to the granting of a franchise to the applicant. At such hearing, the council may demand from the applicant such additional information as the council may deem relevant and necessary. The hearing may be continued or adjourned to a stated time and place without the giving of further notice.

• (Ords. 24315, 24718.)

• A. Upon conclusion of the hearing on the application for a franchise, or within a reasonable time thereafter, the council shall render its decision on the application. If it deems the action to be for the public good, the council may refuse to grant the requested franchise or the council may, by ordinance, grant a fran-

chise to the applicant. Any grant of a franchise by the council may be subject to such terms, conditions, rules, regulations, restrictions and limitations as the council deems advisable to protect the citizens, to preserve the rights and interests of the city in its streets and public places, or to protect the interests of the city and its people.

• B. In making its decision, the council may consider whether the applicant is qualified to perform commercial solid waste collection, transportation or disposal; the applicant's compliance with solid waste handling laws and regulations; income to the city; experience and financial responsibility of the applicant; and any other consideration that will safeguard the interests of the city and its people.

• C. The franchise granted to an applicant need not be identical to franchises granted to other applicants and need not contain the same terms and conditions, rights or privileges as the franchise requested by the applicant.

• D. No franchise shall be granted except by ordinance and no franchise shall become effective unless and until the requirements set forth in Section 9.10.1670 have been satisfied.

• (Ords. 24315, 24718.)

No franchise granted pursuant to this part shall become effective unless and until all of the following requirements have been satisfied:

• A. The ordinance granting the franchise is effective.

• B. The applicant and the city have executed a franchise agreement.

• C. The applicant has paid the solid waste collection franchise application fee as set forth in the schedule of fees established by resolution of the city council.

• D. Within twenty days from the date of adoption of the ordinance granting the franchise, or within such extended period of time as the city council in its discretion

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may authorize, the applicant to whom a franchise has been granted has filed with the city clerk the following documents:

1. A faithful performance bond, if such is required by the franchise agreement;

2. Evidence of compliance with the insurance requirements specified in the franchise agreement.

(Ords. 24315, 24718, 25091.)

Subject to the provisions of Section 9.10.1690, the term of any franchise granted under the provisions of this part shall be for such term as specified by the city council in its discretion and set forth in the franchise agreement.

(Ords. 24315, 24718.)

requirements.

• A. Franchise grantees providing Recyclable Materials, Organic Materials, or Solid Waste collection services to Generators within the City's boundaries shall meet the following requirements and standards with the City to collect Recyclable Materials, Organic Materials, or Solid Waste:

  1. Through written notice to the Director annually, identify the facilities to which they will transport discarded materials, including facilities for Source Separated Recyclable Materials, Source Separated Organic Materials, Garbage, and other Solid Waste unless otherwise stated in the franchise agreement or other authorization with the City.

  2. Transport Source Separated Recyclable Materials to a facility that recovers those materials; transport Source Separated Organic Materials to a facility, operation, activity, or property that recovers Organic Material as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport Mixed Waste, if applicable, to a fa-

     • cility that qualifies as a High Diversion Organic Waste Processing Facility; transport Solid Waste to a disposal facility or transfer facility or operation that processes or disposes of Solid Waste; and, transport manure, if applicable, to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover, or used as alternative intermediate cover.

  3. Obtain approval from the City to haul Organic Material, unless it is transporting Source Separated Organic Material to a Community Composting site or lawfully transporting Construction and Demolition Debris in a manner that complies with 14 CCR Section 18989.1 and the City's municipal code.

• B. Collectors authorized to collect Recyclable Materials, Organic Materials, or Solid Waste shall comply with the education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements set forth in this Chapter, its franchise agreement with the City, and applicable law.

• (Ord. 30684.)

• A. The City Council shall have the right to terminate any franchise granted pursuant to this Part if the council finds, after a public hearing following not less than fourteen (14) days written notice to the franchise grantee, that:

  1. The grantee has failed to comply with, or to do anything required of the grantee by, applicable provisions of the City Charter, provisions of this Chapter 9.10, provisions of the ordinance granting the franchise, or provisions of the franchise agreement; or

  2. Any provision of this Part becomes or is declared to be invalid and the Council

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expressly finds that such provision constitutes a material consideration to the grant or continuation of such franchise.

• B. Any franchise granted pursuant to this Part shall automatically be suspended whenever the grantee:

  1. Fails to keep in full force and effect the bonds and insurance required by the franchise agreement; or

  2. Fails to keep in full force and effect any applicable licenses or permits required by federal, state or local law.

The suspension of the franchise pursuant to this subsection B. shall remain in effect until the grantee provides documentation satisfactory to the Director, demonstrating that the reason for the suspension specified above no longer exists.

• C. The Director may suspend any franchise granted under this Part if the grantee:

  1. Fails to submit timely reports as described in Section 9.10.1720 within fifteen (15) days after written notice from the Director that a report is delinquent; or

  2. Fails to comply with the reporting requirements of subsection A. of Section 9.10.1720 and fails to correct the deficiencies in the report within fifteen (15) days after written notice from the Director of the deficiencies.

The suspension of the franchise pursuant to this subsection C. shall remain in effect for the period specified in the Director's notice unless the suspension is reversed or modified by the Director or, upon appeal by the grantee, by the City Council.

• D. In the event the franchise granted pursuant to this Part is terminated, the grantee shall have no right or authority to engage in Commercial Solid Waste or Recyclable Material collection, transportation or disposal operations in the City unless and until a subsequent Commercial Solid Waste and Recyclable Material collection franchise is granted to the grantee. Nothing herein shall require the City to grant any subsequent franchise to the grantee.

• E. In the event the franchise granted pursuant to this Part is suspended, the grantee shall have no right or authority to engage in Commercial Solid Waste or Recyclable Material collection, transportation or disposal operations in the City during the period of suspension.

• F. In the event any franchise granted pursuant to this Part is terminated under subsection A. above, then within the time period specified by the City Council, the grantee shall:

1. Remove all of the grantee's, and any subcontractor's, Solid Waste containers, Organic Materials containers, and Recyclable Material containers from all service locations where services have been provided pursuant to such franchise; and

   2. Properly collect, transport, and process or dispose of any and all Solid Wastes, Organic Materials, and recyclables in the containers at the time of removal, in accordance with this Chapter.

• G. If the grantee fails to remove any Solid Waste, Organic Materials, and Recyclable Material container or to properly dispose of any Solid Waste, Organic Materials, or Recyclable Material in any container within the time specified by the City Council pursuant to subsection A. above, the City may remove the container and/or dispose of the Solid Waste, Organic Materials, or Recyclable Material therein and may charge the grantee for the City's costs. The grantee shall pay to the City all of the costs incurred by the City in such removal and/or disposal within ten (10) days of the date of the City's invoice for such costs.

• (Ords. 24315, 24718, 25835, 29070, 30684.)

• A. The Commercial Solid Waste, Organic Materials, and Recyclable Material franchisee with a franchise based on geographic service district may apply for an adjustment to the maximum Commercial Solid Waste, Organic Ma-

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terials, and Recyclable Material collection service rate. Any request to adjust the existing maximum service rate shall be in accordance with the application process, methodology, and other factors specified in the franchise agreement.

• B. The City Council may conduct a public hearing to confirm that the proposed maximum Commercial Solid Waste, Organic Materials, and Recyclable Material collection service rates are consistent with the terms of the franchise agreement.

• C. Franchisee shall provide all customers with advance written notice of changes to the maximum Commercial Solid Waste, Organic Materials, and Recyclable Material collection service rates at least thirty (30) calendar days prior to the effective date of the change.

• (Ords. 29070, 30684.)

Any franchise granted pursuant to this part is a privilege to be held in trust by the original grantee. No such franchise shall be sold, leased, transferred, assigned or otherwise disposed of, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy, reorganization under bankruptcy laws or otherwise, without the prior consent of the city council expressed by ordinance. Any such consent of the city council shall be subject to such terms and conditions as may be prescribed by the council.

(Ords. 24315, 24718.)

• A. Each person engaging in the business of collecting, transporting or disposing of Commercial Solid Waste, Organic Materials, or Recyclable Material kept, accumulated or generated in the City shall pay a franchise fee to the City. The franchise fee shall be in an amount as set forth in a resolution adopted by the City Council.

• B. Franchise fees shall be payable on a monthly basis, and shall be due and payable on the last

day of the month immediately following the month in which collection services were provided. Each payment shall be calculated in accordance with the provisions of the resolution adopted by the City Council pursuant to subsection A. above.

• C. The required franchise fee shall be paid to the City's Director of Finance. Each payment shall be accompanied by a written statement, verified by the person making the payment, or a duly authorized representative of the person, showing the calculation of the franchise fee payable in such form and detail as the Director of Finance may require and such other information as the Director of Finance may determine is material to a determination of the amount due.

• D. No statement filed under this Section shall be conclusive as to the matters set forth in such statement, nor shall the filing of such statement preclude the City from collecting by appropriate action the sum that is actually due and payable.

• E. The payment of franchise fees to the City pursuant to this Part shall be in addition to any license fee or business tax prescribed by the City for the same period.

• F. If franchise fees are not paid by the grantee at the times required by this Section 9.10.1710, then in addition to the franchise fees, the grantee shall pay a late payment charge in an amount equal to ten percent (10%) of the franchise fee that was not timely paid. If the grantee fails to pay delinquent franchise fees within thirty (30) days of the date required by this Section 9.10.1710, the grantee shall pay a second late payment charge in an amount equal to ten percent (10%) of the franchise fee outstanding after such thirty (30)-day period. Such second late payment charge shall be in addition to the first late payment charge. In addition, the grantee shall pay interest on all unpaid franchise fees at the rate of ten percent (10%) per annum or the legal rate allowed,

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whichever is less, from the date said franchise fees were due and payable to the date actually paid.

(Ords. 24315, 24684, 24718, 25835, 27725, 29070, 30684.)

• A. The grantee shall report to the Director the following information:

  1. The grantee shall file with the Director a monthly report of the quantities of Commercial Solid Waste, Commingled Recyclables and Source Separated recyclables collected, transported and/or disposed of during the month, the number of San José customers served by the grantee during the month, and the container size(s) and frequency of collection performed for each customer, and the grantee's gross receipts for collection services provided in San José during the month. Such report shall be in such form and detail as required by the Director and, if required by the Director, shall include a report of the quantities of Commercial Solid Waste recycled and the quantities disposed of at disposal facilities.

  2. Through written notice to the City annually, the grantee shall identify the facilities to which it will transport materials, including facilities for Recyclable Materials, Organic Materials, Mixed Waste, or other Solid Waste as applicable to the grantee's services, unless otherwise stated in the franchise agreement or other authorization with the City.

• B. If any of the reports required under subsection A. are not filed by the due date specified in the franchise agreement, the report shall be deemed delinquent.

• C. If the report is delinquent, the grantee shall pay to the City a delinquent report charge in the amount of three hundred dollars ($300.00). If the report remains delinquent for more than fifteen (15) days, the grantee shall pay to the

• City an additional delinquent report charge in the amount of three hundred dollars ($300.00). If the report remains delinquent for more than thirty (30) days, the grantee shall pay to the City a third delinquent report charge in the amount of three hundred dollars ($300.00). If the report remains delinquent for more than forty-five (45) days, the grantee shall pay to the City a fourth delinquent report charge in the amount of three hundred dollars ($300.00). Such delinquent report charges shall be in addition to any franchise fees or other charges payable by the grantee for the same period of time.

(Ords. 24315, 24718, 25091, 25835, 27725, 28543, 30684.)

• A. The grantee shall at all times maintain all vehicles used in connection with the franchise granted pursuant to this part in such condition that the vehicle does not exceed a noise level, during stationary compaction, of seventyfive decibels measured at a distance of twentyfive feet from the vehicle and at an elevation of five feet from the horizontal base plane of the vehicle.

• B. No grantee shall use any vehicle in connection with the franchise granted pursuant to this part if the vehicle exceeds the noise level described in subsection A. above.

• C. Notwithstanding subsections A. and B. of this section, the city council may in its discretion provide for other or different noise level limitations in the franchise agreement required under this part.

• (Ords. 24315, 24718.)

The grantee shall at all times maintain accurate and complete accounts of all revenues and income arising out of its operations under the franchise granted pursuant to this Part; all Solid Waste collected, transported and/or disposed of; the source of such Solid Waste; and the final destination of

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such Solid Waste. Grantee's books, accounts and records shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Grantee shall comply with the recordkeeping and inspection requirements of Section 9.10.590. (Ords. 24315, 24718, 30684.)

In addition to all other rights reserved to the city under this part, the following shall apply:

• A. There is hereby reserved to the city every right and power, and the exercise thereof, which is reserved or authorized by any provision of any lawful ordinance or resolution of the city, whether enacted before or after the effective date of this part.

• B. Neither the granting of any franchise nor any provision of any franchise shall constitute a waiver of or a bar to the exercise of any governmental right or power of the city.

• C. The grantee shall have no recourse whatsoever against the city, its officers, employees or agents for any loss, cost, expense or damage arising out of any provision or requirement of this part or of any franchise issued under this part or because of the enforcement of this part.

• D. There is hereby expressly reserved to the city the power and authority to amend any section of this part so as to require additional or greater standards on the part of the grantee and the power and authority to increase the franchise fees to be paid by the grantee pursuant to Section 9.10.1710.

(Ords. 24315, 24718.)

Part 12

MIXED USE DEVELOPMENTS

Sections:

Except as otherwise provided in this Part 12:

• A. The solid waste generated from the residential use at a mixed use development shall be governed by the provisions of this chapter that apply to residential premises.

• B. The solid waste generated from the commercial use at a mixed use development shall be governed by the provisions of this chapter that apply to commercial premises.

• C. No person shall commingle, nor permit the commingling, of solid waste generated from the residential use at a mixed use development with solid waste generated from the commercial use at the mixed use development.

• (Ord. 26625.)

• A. A Mixed Use Development may commingle the Residential Solid Waste and Commercial Solid Waste generated at the Mixed Use Development; provided that Organic Materials and Recyclable Materials are properly separated and prepared for collection in accordance with the City's collection programs.

• B. The commingled waste shall be collected by the City's authorized Multi-Family Dwelling Solid Waste Collector if the total square footage of commercial building space in the Mixed Use Development is less than fifteen percent (15%) of the total building space.

• C. The commingled waste shall be collected by a person authorized to perform Commercial Solid Waste collection services pursuant to a franchise granted pursuant to Part 11 of this Chapter if the total square footage of commercial building space in the Mixed Use Development is fifteen percent (15%) or more of the total building space.

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• D. Notwithstanding subsections B. and C. above, a Mixed Use Development with twenty percent (20%) or less of the total square footage as commercial building space as of June 30, 2012 may continue to receive service from the Multi-Family Dwelling Solid Waste Collector.

• E. Notwithstanding this Section, the Director reserves the right to require the Mixed Use Development to cause the collection of commingled Solid Waste be collected as Residential Solid Waste or as Commercial Solid Waste shall be based upon the needs of the Mixed Use Development and the effect of the Solid Waste collection service type on the neighboring areas.

(Ords. 26625, 29070, 30684.)

Part 13

SINGLE-USE CARRY-OUT BAG*

Sections:

The definitions set forth in this section shall govern the application and interpretation of this Part 13.

• A. "Customer" means any person obtaining goods from a retail establishment.

• B. "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent of its revenues from the handling and sale of those donated goods or materials.

*Editor’s note— Part 13, adopted by Ordinance 28877, adopted December 14, 2010, is effective January 1, 2012.

• C. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized.

• D. "Prepared food" means food or beverage which is prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. "Prepared food" does not include any produce, bulk food or meat from a produce, bulk food or meat department within a retail establishment.

• E. "Public eating establishment" means a:

  1. Restaurant, take-out food establishment, or any other business, that receives ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises; or

  2. Department, unit or section located within and operated by a retail establishment that generates ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises, and the department, unit or section does not engage in the sale of perishable or nonperishable goods from another department, unit or section within the same retail establishment.

• F. "Recycled paper bag" means a paper bag provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old growth fiber and a minimum of forty percent post-consumer recycled content; is one hundred percent recyclable; and has printed in a highly visible manner on the outside of the bag the words "reusable" and "recyclable," the name and location of the manufacturer, and the percentage of post-consumer recycled content.

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• G. "Retail establishment" means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer; and is located within or doing business within the geographical limits of the City of San José. "Retail establishment" does not include public eating establishments or nonprofit charitable reusers.

• H. "Reusable bag" means either a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least two and one-quarter mil thick and is specifically designed and manufactured for multiple reuse.

• I. "Single-use carry-out bag" means a bag other than a reusable bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. "Single-use carry-out bags" do not include bags without handles provided to the customer: (1) to transport produce, prepared food, bulk food or meat from a produce, deli, bulk food or meat department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag.

• (Ords. 28877, 29314.)

• A. No retail establishment shall provide a singleuse carry-out bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this section.

• B. On or before December 31, 2013, a retail establishment may make available for sale to a customer a recycled paper bag for a minimum charge of ten cents.

• C. Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag unless the amount of the sale of the recycled paper bag is separately itemized on the sale receipt.

• D. A retail establishment may provide a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; and a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with one or more recycled paper bags at no cost through December 31, 2013.

• (Ords. 28877, 29314.)

Every retail establishment shall keep complete and accurate record or documents of the purchase and sale of any recycled paper bag by the retail establishment, for a minimum period of three years from the date of purchase and sale, which record shall be available for inspection at no cost to the city during regular business hours by any city employee authorized to enforce this part. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the retail establishment address. The provision of false information including incomplete records or documents to the city shall be a violation of this section.

(Ord. 28877.)

Part 14

SWILL REGULATIONS

Sections:

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• 9.10.2230 Swill containers - Use and maintenance.

• 9.10.2240 Feeding swill to animals - Conditions.

• 9.10.2250 Compliance with chapter and other applicable laws.

• 9.10.2260 Places of collection.

• 9.10.2270 Hours of collection.

• 9.10.2280 Disposal of swill.

No more than one day's accumulation of swill shall be kept or be permitted to remain upon any premises in the city. At least once each day all swill generated or accumulated within any premises in the city shall be disposed of in accordance with the provisions of this chapter.

(Ords. 24315, 25401.)

Any and all swill generated within or upon any premises or place in the city shall be placed without delay in separate swill containers kept and maintained on the premises where the swill is generated, and shall be stored in such containers until disposed of in accordance with the provisions of this chapter. Such swill containers shall meet all specifications and requirements applicable to garbage containers.

(Ords. 24315, 25401.)

• A. The swill generator shall keep and maintain all swill containers in the rear of the premises where the swill is generated, at a place reasonably accessible and convenient for collection of its contents.

• B. No swill container shall be placed on any public sidewalk, parkway, curb or gutter.

• (Ords. 24315, 25401.)

• A. Except when swill is being placed into or removed from the container, the swill generator shall keep all swill containers sealed with a tight-fitting metal cover so as to prevent the escape or leakage of any swill, or of any offensive vapors, gases or odors from the container.

• B. Nothing but swill shall be placed into or kept in a swill container.

• C. The swill generator shall not cause or permit any swill container to be filled in any manner which causes matter to overflow from the container.

• D. The swill generator shall keep all swill containers clean and sanitary, and shall spray or otherwise treat the containers in such manner and to such extent and with such substance as may be necessary to repel and keep away flies and rodents and keep the containers odorproof.

• (Ords. 24315, 25401.)

• A. No Solid Waste shall be fed to any animals or livestock in the City unless written permission is first procured from the Director to feed Swill generated within any Premises in the City to animals or livestock lawfully maintained and kept within the Premises where the Swill is generated.

• B. The Director may grant permission, subject to such conditions and restrictions as the Director may find necessary to protect the public health and safety, only if the Director finds the proposed place and manner of disposal will not endanger the public health and safety. Any such permission is revocable at any time by the Director or City Council.

• C. Notwithstanding this Section, Organic Material may be diverted from landfill disposal through lawful use as animal feed, as set forth in Chapter 6 of Food and Agricultural Code (FAC), commencing with Section 14901 et. seq and Title 3, Division 4, Chapter 2,

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§ 9.10.2240

Subchapter 2 commencing with Article 1, Section 2675 of the Code of California Regulations.

(Ords. 24315, 25401, 30684.)

No swill collector shall collect, transport or dispose of any swill generated in the city except in accordance and compliance with, and as authorized by, the provisions of this part, other provisions of this chapter, and other applicable laws. (Ords. 24315, 25401.)

No swill shall be collected except from authorized swill containers, at the places where such containers are required to be kept and located by other provisions of this chapter. (Ords. 24315, 25401.)

No swill shall be collected, taken, removed or transported from any premises in the city except:

• A. Between the hours of six a.m. and six p.m. of the same calendar day at residential premises;

• B. Between the hours of four a.m. and six p.m. of the same calendar day in commercial zones; and

• C. Between the hours of six a.m. and six p.m. of the same calendar day in commercial and industrial zones that abut residential premises.

(Ords. 24315, 25401.)

• A. No swill collector shall collect, transport or dispose of any swill generated in the city unless and until such collector shall have first procured from the director written approval of the manner of collection and transportation, and also of the manner and place of disposal

where such place of disposal is within the city or within one mile outside the city limits of the city.

• B. The director shall give such approval, subject to such conditions and restrictions as the director may find necessary to protect the public health and safety, only if the director finds that the proposed manner of collection and transportation and manner and place of disposal will not endanger the public health and safety.

(Ords. 24315, 25401.)

Part 15

CONSTRUCTION AND DEMOLITION DIVERSION DEPOSIT PROGRAM

Sections:

• 9.10.2420 Special exception for roofing projects.

• 9.10.2430 Diversion deposit exemptions.

• 9.10.2440 Refund of diversion deposit.

• 9.10.2450 Diversion of waste.

• 9.10.2460 Certified recycling facilities.

• 9.10.2470 Use of diversion deposits.

• 9.10.2480 California Green Building Standards Code compliance.

There is hereby established the construction and demolition diversion deposit program. (Ord. 26219.)

• A. Except as otherwise specified in this part, on or after March 1, 2001, each person who applies for a building permit pursuant to Chapter 24.02 of this Code shall apply for a construction and demolition debris clearance

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document to be issued by the director. On or after March 1, 2001, no building permit shall be issued unless the applicant submits the clearance document issued by the director.

• B. Except as otherwise specified in this part, on or after July 1, 2001, each person who applies for a building permit pursuant to Chapter 24.02 of this Code shall remit a diversion deposit in the amount set forth by resolution of the city council. The diversion deposit shall be remitted at the same time the permit application is filed.

• C. Except as otherwise specified in this part, on or after January 1, 2011, each person who applies for a building permit pursuant to Chapter 24.02 of this Code shall remit fees in the amount set forth by resolution of the city council for the review and certification of documentation for compliance with the construction, excavated soil, and land clearing debris diversion mandatory requirements of this chapter and/or of state law.

• (Ords. 26219, 28837.)

• A. No diversion deposit shall be required for any roofing project until January 1, 2002. On or after January 1, 2002, each person who applies for a building permit for a roofing project shall remit a diversion deposit in the amount set forth by resolution of the city council.

• B. The director of environmental services may extend the date of the roofing project exception specified in subsection A. if the director finds such extension is necessary due to administrative constraints. The director shall make any such extension in writing and shall state the reasons for the extension.

• (Ords. 26219, 26556.)

Neither a construction and demolition debris clearance document nor a diversion deposit shall be required for the following:

• A. Work for which a building permit is not required under Section 24.02.120.

• B. New residential construction projects of less than one hundred fifteen thousand dollars in value.

• C. New nonresidential construction projects of less than one hundred thirty-five thousand dollars in value.

• D. Residential alterations of less than two thousand dollars in value.

• E. Nonresidential alterations of less than five thousand dollars in value.

• F. Roofing projects.

• G. Work for which only a plumbing permit, only an electrical or only a mechanical permit is required.

• H. Seismic tie-down projects.

• I. The installation or replacement of shelves. J. Installation of pre-fabricated patio enclosures and covers where no foundation or other structural building modifications are required.

• K. Installation of swimming pools and spas, provided that the exemption shall apply only to (i) the area to be excavated for the installation of the pool or spa and (ii) the area for the pad for the pool/spa equipment that does not exceed sixteen square feet, and shall not apply to any related construction or alterations necessary for any other equipment or accessories, nor to any other portion of the project.

• L. Installation of pre-fabricated accessories such as signs or antennas where no structural building modifications are required.

A diversion deposit shall not be required for construction that is subject to the mandatory provisions of the State of California Green Building Standards Code for construction waste, excavated soil, and land clearing debris diversion. (Ords. 26219, 26556, 28007, 28837.)

• A. The director may authorize the refund of any diversion deposit which was erroneously paid or collected.

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• B. The director may authorize the refund of any diversion deposit when the building permit application is withdrawn or cancelled before any work has begun.

• C. The director may authorize the refund of a diversion deposit when at least fifty (50) percent of the waste generated by the project was diverted from landfill disposal.

• D. The director may authorize a partial refund of a diversion deposit when less than fifty (50) percent by weight of the waste generated by the project was diverted from landfill disposal. The partial refund shall not exceed that portion of the diversion deposit that is in the same ratio as the demonstrated amount of diverted waste bears to fifty (50) percent by weight of the total waste generated.

• E. The director shall not authorize the refund of any diversion deposit, or any portion thereof, unless the original building permit applicant files a written request for refund no later than twelve (12) months after the building permit is no longer active for any reason (including because the project has been completed, the permit has been withdrawn, or the permit has been revoked), and the applicant provides documentation satisfactory to the director in support of the request.

• (Ords. 26219, 28007.)

• A. For the purposes of this part, "diverted" or "diversion" means a reduction of the amount of waste being disposed in landfills by any of the following methods:

  1. Use of new construction methods, as described in regulations promulgated by the director, that reduce the amount of waste generated.

  2. On-site re-use of the waste.

  3. Delivery of the waste from the site to a certified recycling facility described in Section 9.10.2460.

  4. Other methods as approved in regulations promulgated by the director.

• B. All of the waste diversion methods which may qualify for a refund of a diversion deposit are subject to restrictions and documentation requirements as set forth in regulations promulgated by the director.

• (Ord. 26219.)

• A. For the purposes of this part, a certified recycling facility means a recycling, composting, materials recovery or re-use facility for which the director has issued a certification pursuant to regulations promulgated by the director.

• B. The director shall issue a certification only if the owner or operator of the facility submits documentation satisfactory to the director:

  1. That the facility has obtained all applicable federal, state, and local permits, and is in full compliance with all applicable regulations; and

  2. The percentage of incoming waste from construction, demolition, and alteration activities that is diverted from landfill disposal meets the required minimum percentage set forth in regulations promulgated by the director.

• C. The city shall make available to each building permit applicant paying a diversion deposit a current list of certified recycling facilities.

• (Ord. 26219.)

• A. Moneys received by the city as diversion deposits shall be used only for payment of diversion deposit refunds except as provided in subsection B.

• B. Diversion deposits that are no longer eligible for a refund under Section 9.10.2440 may be used for any of the following purposes:

  1. Cost of administration of the program established by this part;

  2. Cost of programs that divert from landfill disposal the waste from construction, demolition and alteration projects;

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3. Cost of programs that develop or improve the infrastructure needed to divert from landfill disposal the waste from construction, demolition and alteration projects; or

4. Transfer to the general fund.

• (Ords. 26219, 28760.)

Code compliance.

Persons applying for a permit from the City for new construction and building additions and alterations shall comply with the requirements of this Part and all required components of the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen), as amended, if its project is covered by the scope of CALGreen and other applicable requirements of the City. If the requirements of CALGreen, as amended, are more stringent than the requirements of this Part, the CALGreen requirements shall apply.

Notwithstanding any other provision to the contrary, a building permit applicant that documents the completion of a construction waste management plan in accordance with CALGreen at the following diversion levels shall be deemed in compliance with the provisions of this Part:

• A. For building permit applications filed between January 1, 2011 and December 31, 2011, at a sixty percent (60%) diversion level as determined by the Director.

• B. For building permit applications filed between January 1, 2012 and December 31, 2012, at a sixty-five percent (65%) diversion level as determined by the Director.

• C. For building permit applications filed on or after January 1, 2013, at a seventy-five percent (75%) diversion level as determined by the Director.

(Ords. 28837, 29070, 30684.)

Part 16

ENFORCEMENT

Sections:

The director and the health officer shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted to police officers. (Ord. 24315.)

The director shall have the power to establish rules and regulations consistent with the provisions of this chapter, such rules and regulations to have as their purpose the enforcement of the provisions of this chapter and the health and sanitary laws and ordinances of the city. Such rules and regulations shall have the effect of law.

(Ord. 24315.)

Notwithstanding any other provision of this Chapter, the Director, or the Director's designee, may require the Owner of a residential or Commercial Premises or the Generator of Solid Waste at such Premises to subscribe to and pay for Solid Waste collection services in such configuration as the Director determines is necessary for the preservation of the public health and/or public safety. Such requirements may include, but are not limited to, requiring Solid Waste containers in such sizes and numbers as needed to store all the Solid Waste generated at the Premises during the periods between collections, requiring the Owner or Generator to change the frequency of Solid Waste collections at the Premises, and requiring a change from residential to commercial collection service or from commercial to residential collection service. (Ords. 26625, 30684.)

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• A. During any period of time for which the President of the United States, the Governor of the state of California or the Mayor of the City of San José has declared a state of emergency exists in the City of San José or any part thereof, the Director, in consultation with the Health Officer, may suspend any Solid Waste Handling requirements of this Chapter and may promulgate such alternative Solid Waste Handling requirements as the Director deems necessary for the protection and preservation of the health, safety and general welfare of the people of the City of San José.

• B. The Director, in their sole discretion and in accordance with applicable law, may offer waivers, such as waivers permissible by 14 CCR Section 18984.11 or otherwise described in this Chapter, or other exemptions that may be granted to Generators on the basis of demonstrated extenuating circumstances for some of the requirements of this Chapter. Qualified and interested persons may apply for or be granted such waivers, in accordance with the administrative processes prescribed by the Director or their designee, and shall pay all relevant administrative fee(s), if enacted, in the amount specified in the schedule of fees adopted by resolution of the City Council for the City's administration of the waiver process.

• C. In determining whether to grant the waiver or exemption, the Director shall evaluate all relevant factors including, but not limited to: type of Generator; physical space constraints; volume of discarded materials generated; collection frequency needs; occupancy or development of the Premises; demonstrated extenuating circumstances by the applicant; and other factors related to exemptions that may be available under applicable law, as amended. The Director may, in their sole discretion, add or remove factors considered in the criteria for waivers and exemptions granted under this Section.

• D. Any person granted a waiver by the City shall follow all terms and conditions incorporated

as part of the waiver, or otherwise prescribed by the Director or their designee, regardless of whether or not those terms have been specified in this Chapter or other sections of the City's municipal code. The City reserves the right to conduct inspections to verify compliance with the conditions of any waiver or exemption, or application therefore, both prior to granting of such waiver or exemption, and at subsequent times thereafter as determined appropriate by the Director.

(Ords. 24315, 30684.)

• A. Whenever necessary to make an inspection of any building, structure or premises for the enforcement of this chapter, or whenever the director or the health officer has cause to believe that there exists any condition which endangers the public health, the director or the health officer is authorized to enter such building, structure or premises at all reasonable times to inspect the same and to exercise any power or authority or to perform any duty imposed upon the director or the health officer under this chapter.

• B. The right of entry authorized by this section shall be subject to the following requirements:

  1. If the building, structure or premises is occupied, the director or health officer shall first present proper credentials, explain the purpose for which entrance is desired, and demand entry.

  2. If such property is unoccupied, the director or health officer shall first make a reasonable effort to locate the owner or other persons having charge or control of the property, present proper credentials, explain the purpose for which entrance is desired, and demand entry.

  3. If the director or health officer is refused entrance to the property, or the director or health officer cannot locate the owner or other person having charge or control of the property, the director or health

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officer shall refrain from entering until authorized to do so by proper judicial authority.

• (Ord. 24315.)

Violations of this Chapter may be prosecuted criminally, civilly, or administratively either undertaken separately or in conjunction with other remedies, at the sole discretion of the City. Nothing in this chapter shall be deemed to prevent the City from commencing any administrative or legal proceeding to enforce this Chapter, Code, or any law. (Ord. 31220.)

Part 17

POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE

Sections:

The definitions set forth in this section shall govern the application and interpretation of this part.

• A. "Disposable food service ware" means single-use disposable products used in the restaurant and food service industry for serving prepared food and includes, but is not limited to, plates, trays, cups, bowls, trays, and hinged or lidded containers (clamshells). Disposable food service ware does not include straws, utensils, drink lids, or ice chests.

• B. "Food vendor" means any establishment located in the City of San José that sells or otherwise provides prepared food for consumption on or off its premises, and

includes, but is not limited to, any shop, sales outlet, restaurant, bar, pub, coffee shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, mobile food truck, vehicle or cart, or roadside stand. A "food vendor" does not include a food service provider that is associated with either a nonprofit organization with Section 501(c)(3) status under the Internal Revenue Code or a public agency sponsored program.

• C. "National food vendor" means a food vendor that is a chain of franchised or corporate- owned establishments located in more than one state.

• D. "Polystyrene foam" means a thermoplastic petrochemical material made from a styrene monomer and expanded or blown using a gaseous agent (expanded polystyrene) including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). "Polystyrene foam" is commonly made into disposable food service ware products. "Polystyrene foam" does not include clear or solid polystyrene (oriented polystyrene).

• E. "Prepared food" means food or beverages that are packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises. "Prepared food" does not include: (1) any raw, uncooked meat products or fruits or vegetables, unless it can be consumed without further preparation; or (2) prepackaged food that is delivered to the food vendor wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food vendor in the same container or packaging.

(Ord. 29298.)

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• A. No national food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable food service ware on or after January 1, 2014.

• B. No food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable food service ware on or after January 1, 2015.

• (Ord. 29298.)

disposable food service ware prohibition.

• A. A national food vendor or food vendor may seek an exemption from the prohibition under Section 9.10.3110 due to a "unique packaging hardship" under Subsection B. of this section or a "financial hardship" under Subsection C. of this section.

• B. The national food vendor or food vendor must demonstrate that no reasonably feasible alternative exists to a specific and necessary polystyrene foam disposable food service ware to qualify for a "unique packaging hardship" exemption.

• C. The national food vendor or food vendor must demonstrate both of the following to qualify for a "financial hardship" exemption: (1) a gross income under three hundred thousand dollars on their annual income tax filing for the most recent tax year; and (2) with respect to each specific and necessary polystyrene foam disposable food service ware, that there is no feasible alternative that would cost the same or less than the polystyrene foam disposable food service ware.

• D. The national food vendor or food vendor may submit a written application for an exemption on a form provided by the department of environmental services. The director of environmental services or designee ("director") may require the applicant to submit additional information or documentation to make a determination regarding the exemption request. A

request for exemption shall be reviewed on a case by case basis, and may be granted in whole or in part, with or without conditions, for a period of up to twelve months. The national food vendor or food vendor must apply for a new exemption period no later than sixty days prior to the expiration of the then current exemption period to preserve a continuous exemption status. Each application shall be reviewed anew and will be based on the most current information available. The determination of the director shall be final and is not subject to appeal.

• (Ord. 29298.)

Part 18

EDIBLE FOOD RECOVERY

Sections:

• 9.10.3220 Requirements for commercial edible food generators.

• 9.10.3230 Requirements for food recovery organizations and services.

• 9.10.3240 Edible food recovery inspections and investigations by department or designee.

• A. Pursuant to SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, CalRecycle developed regulations to reduce organics in landfills as a source of methane. The regulations place new requirements on cities, counties, residential households, businesses, waste haulers, and Food Recovery Organizations to support achievement of statewide Organic Material disposal reduction targets.

• B. CalRecycle's regulations direct cities and counties to develop Edible Food Recovery programs and require that certain businesses to

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arrange for the donation of Edible Food that would otherwise go to waste. In addition to targeting methane emissions, these new programs and requirements will help reduce food insecurity in California.

• C. Pursuant to 14 CCR Section 18981.2, jurisdictions may delegate certain responsibilities for implementing, monitoring, and enforcing their Edible Food Recovery programs to public or private entities.

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• D. The City Manager is authorized to enter into an agreement on behalf of the City with another entity, as permitted under 14 CCR Section 18981.2, for the inspection and enforcement of this Part.

• (Ord. 30684.)

The definitions set forth in this Section shall govern the application and interpretation of this Part.

• A. "Department" means any department of the City or department of the entity designated by the City to enforce or administer this Part, as authorized in 14 CCR Section 18981.2.

• B. "Designee" means any private entity that the City or City designated agency contracts with or otherwise arranges to carry out any responsibilities of this Part, as authorized in 14 CCR Section 18981.2.

• C. "Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Part, "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this Part requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

• D. "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

• E. "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.

• F. "Food Recovery" means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

• G. "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities. "Food Recovery Organization" includes, but is not limited to:

  1. A food bank as defined in Section 113783 of the Health and Safety Code;

  2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

  3. A nonprofit charitable temporary Food Facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Part pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Part.

H. "Food Recovery Service" means a person or entity that collects and transports Edible Food from a commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator.

• I. "Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

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• J. "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

• K. "Health Facility" has the same meaning as in Section 1250 of the Health and Safety Code.

• L. "Hotel" has the same meaning as in Section 17210 of the Business and Professions Code.

• M. "Inspection" means a Department or Designee's electronic or onsite review of reviews records, containers, and an entity's collection, Handling, Recycling, or landfill disposal of Organic Material or Edible Food Handling to determine if the entity is complying with requirements set forth in this Part, or as otherwise defined in 14 CCR Section 18982(a)(35).

• N. "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Part.

• O. "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue

facility includes, but is not limited to, a public, non-profit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Part.

• P. "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

• Q. "Non-Local Entity" means an entity that is an Organic Material Generator but is not subject to the control of a jurisdiction's regulations related to Solid Waste. These entities may include, but are not limited to, special districts, federal facilities, prisons, facilities operated by the state parks system, public universities, including community colleges, county fairgrounds, and state agencies.

Non-Local Entity" means an entity that is an Organic Material Generator but is not subject to the control of a jurisdiction's regulations related to Solid Waste. These entities may include, but are not limited to, special districts, federal facilities, prisons, facilities operated by the state parks system, public universities, including community colleges, county fairgrounds, and state agencies.

• R. "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-Premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

• S. "Share Table" has the same meaning as in Section 114079 of the Health and Safety Code.

• T. "Supermarket" means a full-line, selfservice retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items

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and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

• U. "Tier One Commercial Edible Food Generator" means the following:

  1. Supermarkets.

  2. Grocery Stores with a total facility size equal to or greater than 10,000 square feet.

  3. Food Service Providers.

  4. Food Distributors.

  5. Wholesale Food Vendors.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Part. For the purposes of this Part, Food Recovery Organizations and Food Recovery Services are not commercial Edible Food Generators.

• V. "Tier Two Commercial Edible Food Generator" means the following:

  1. Restaurants with two hundred fifty (250) or more seats or a total facility size equal to or greater than five thousand (5,000) square feet.

  2. Hotels with an on-site Food Facility and two hundred (200) or more rooms.

  3. Health Facilities with an on-site Food Facility and one hundred (100) or more beds.

  4. Large Venues.

  5. Large Events.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Part. Non-Local Entities that operate a facility that meets this definition are Tier Two Commercial Edible Food Generators.

For the purposes of this Part, Food Recovery Organizations and Food Recovery Services are not commercial Edible Food Generators.

• W. "Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

• (Ord. 30684.)

• A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

• B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

• C. Tier One and Tier Two Commercial Edible Food Generators shall comply with the following requirements:

  1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

  2. Contract with, or enter into a written agreement with, Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

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3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow the Department or Designee to access the Premises, conduct Inspections, and review electronic and hard copy records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

   • a. A list of each Food Recovery Service or Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

   • b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

   • c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

     • (i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

     • (ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.

     • (iii) The established frequency that food will be collected or selfhauled.

     • (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

• D. Tier One Commercial Edible Food Generators shall submit Food Recovery reports, as defined below, to the Department or Designee according to the following schedule:

  1. On or before August 1, 2022, Tier One Commercial Edible Food Generators shall submit a Food Recovery report for the period of January 1, 2022 through June 30, 2022.

  2. On or before May 1, 2023, and on or before May 1st each year thereafter, Tier One Commercial Edible Food Generators shall submit a Food Recovery report for the period covering the entire previous calendar year.

• E. Tier Two Commercial Edible Food Generators shall submit Food Recovery reports, as defined below, to the Department or Designee according to the following schedule:

  1. On or before May 1, 2025, and on or before May 1st each year thereafter, Tier Two Commercial Edible Food Generators shall submit a Food Recovery report for the period covering the entire previous calendar year.

• F. Food Recovery Reports submitted by Tier One and Tier Two Commercial Edible Food Generators shall include the following information:

  1. The name and address of the Commercial Edible Food Generator;

  2. The name of the person responsible for the Commercial Edible Food Generator's Edible Food Recovery program;

  3. A list of all contracted Food Recovery Services or Food Recovery Organizations that collect Edible Food from the Commercial Edible Food Generator; and

  4. The total number of pounds of Edible Food, per year, donated through a contracted Food Recovery Organization or Food Recovery Service.

• G. Nothing in this Part shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Dona-

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tion Act of 2017, the Federal Good Samaritan Act, or Share Table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. 30684.)

• A. Food Recovery Services collecting, receiving, or coordinating the collection of Edible Food directly from Tier One or Tier Two Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

  1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

  2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

  3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

  4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

• B. Food Recovery Organizations collecting, receiving, or coordinating the collection of Edible Food directly from Tier One or Tier Two Commercial Edible Food Generators, via a contract or written agreement established un-

der 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

• C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Tier One or Tier Two Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall submit Food Recovery Reports, as defined below, to the Department or Designee according to the following schedule:

  1. On or before August 1, 2022, Food Recovery Organizations and Food Recovery Services shall submit a Food Recovery Report for the period of January 1, 2022 through June 30, 2022; and

  2. On or before May 1, 2023, and on or before May 1st each year thereafter, Food Recovery Organizations and Food Recovery Services shall submit a Food Recovery Report for the period covering the entire previous calendar year.

• D. Food Recovery reports submitted by Food Recovery Services or Organizations shall include the following information:

  1. Total pounds of Edible Food recovered in the previous calendar year from Tier One and Tier Two Edible Food Generators with whom the reporting entity has a contract or written agreement pursuant to 14 CCR Section 18991.3(b).

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2. Total pounds of Edible Food recovered in the previous calendar year from Tier One and Tier Two Edible Food Generators within Santa Clara County with whom the reporting entity has a contract or written agreement pursuant to 14 CCR Section 18991.3(b).

• E. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County of Santa Clara, the City, or Designee(s), Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, Designee, or Department, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Department or its Designee shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the Department or Designee.

• (Ord. 30684.)

• A. The Department and/or Designee are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, Processing, or disposal facility for materials collected from Generators to confirm compliance with this Part by Tier One and Tier Two Commercial Edible Food Generators, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the Department or Designee to enter the interior of a private residential property for Inspection.

• B. Regulated entities shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall

cooperate with the Department's or Designee's employees during such Inspections and investigations. Such Inspections and investigations may include in-person or electronic review of Edible Food Recovery activities, records, or any other requirement of this Part described herein. Failure to provide or arrange for access to an entity's Premises or access to records for any Inspection or investigation is a violation of this Part and may result in penalties described.

• C. Any records obtained by the Department or Designee during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

• D. Representatives of the Department and/or Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this Part, subject to applicable laws.

• E. City will provide a procedure for the submission of written complaints, including anonymous complaints, regarding entities that may be in violation of this Part. Complaints shall include the name and contact information of the complainant, if the complainant is not anonymous; the identity of the alleged violator, if known; a description of the alleged violation including location(s) and all other relevant facts known to the complainant; any relevant photographic or documentary evidence to support the allegations in the complaint; and the identity of any witnesses, if known.

• (Ord. 30684.)

• A. Enforcement of this Part may be undertaken by the City or an entity designated by the City.

• B. Administrative Fine. Violation of any provision of this Part shall constitute grounds for issuance of a Notice of Violation and assessment of an administrative fine by the Depart-

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ment. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the Department shall commence an action to impose penalties through an administrative citation and fine.

• C. Notice of Violation. Before assessing an administrative citation and fine, the Department shall issue a Notice of Violation requiring compliance within sixty (60) days of issuance of the Notice. The Notice shall include: (1) the name(s) of each person or entity to whom it is directed, (2) a factual description of the violations, including the regulatory section(s) being violated, (3) a compliance date by which the respondent is to take specified action(s), and (4) the penalty for not complying before the specified deadline. For repeat and/or willful violations, the Department may require compliance within fewer than sixty (60) days or may immediately issue an administrative citation and fine.

• D. Extensions to Compliance Deadlines. The Department may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

  1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

  2. Delays in obtaining discretionary permits or other government agency approvals;

  3. Deficiencies in Edible Food Recovery capacity and the existence of a corrective action plan imposed by CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies; or

  4. Any other circumstance in which the Director, in their sole discretion, finds good cause to extend the compliance deadlines.

• E. Administrative Citations. If the respondent fails to correct the violation by the compliance

date or as otherwise provided in subsection B. above, the Department shall issue an administrative citation and fine.

1. If the administrative citation was issued by the City, it shall be issued in accordance with Chapter 1.15.

2. If the administrative citation was issued by an agency designated by the City, it shall be issued in accordance with the agency's regulations and procedures for issuing such citations and fines.

• F. Amount of Fine. At the discretion of the Director of the Department, administrative fines for each violation of this Part may automatically accrue each day that the cited violation persists, including during the correction period (if any) specified in the Notice of Violation. If the respondent corrects the violation on or before the specified compliance date, they shall not be liable for any accrued fines for that violation. The Notice of Violation shall specify whether administrative fines will accrue daily. The amount of the administrative fine for each violation of this Part shall be as follows:

  1. For a first violation, the amount of the base penalty shall be fifty dollars ($50) to one hundred dollars ($100) per violation and, if applicable, per day.

  2. For a second violation, the amount of the base penalty shall be one hundred dollars ($100) to two hundred dollars ($200) per violation and, if applicable, per day.

  3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars ($250) to five hundred dollars ($500) per violation and, if applicable, per day.

• G. Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

  1. The nature, circumstances, and severity of the violation(s).

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2. The violator's ability to pay.

3. The willfulness of the violator's misconduct.

4. Whether the violator took measures to avoid or mitigate violations of this Part.

5. Evidence of any economic benefit resulting from the violation(s).

6. The deterrent effect of the penalty on the violator.

7. Whether the violation(s) were due to conditions outside the control of the violator.

• H. Appeals. Persons receiving an administrative citation for an uncorrected violation may request a hearing to appeal the citation.

  1. If the citation was issued by the City, the appeal shall be conducted in accordance with the appeal process in Chapter 1.15.

  2. If the citation was issued by an agency, the appeal shall be conducted in accordance with the citing agency's regulations and procedures.

• I. Other remedies. Other remedies allowed by law may be used to enforce this Part, including civil action or prosecution as misdemeanor or infraction. The Department and/or City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The Department and/or City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Department staff and resources.

• (Ord. 30684.)

Part 19

SINGLE-USE FOODWARE ACCESSORIES AND CONDIMENTS

Sections:

The purpose of this Chapter is to authorize the City, or another agency designated by the City, to enforce the provisions of Chapter 5.2, commencing with Section 42270, of Part 3 of Division 30 of the Public Resources Code, as may be amended, that regulate single-use foodware accessories and standard condiments.

(Ord. 30772.)

The requirements of Chapter 5.2, commencing with Section 42270, of Part 3 of Division 30 of the Public Resources Code, as may be amended, are incorporated and are part of this Chapter as if fully set forth herein.

(Ord. 30772.)

• A. The Director is authorized to enforce this Part in accordance with the provisions for adjudicating violations of the Municipal Code.

• B. Notwithstanding Subsection A, the City may designate another enforcement agency to enforce this Part. If the City designates another enforcement agency the provisions for adjudicating violations of the Municipal Code will apply unless the enforcement agency has comparable provisions.

• C. Notwithstanding any other provisions of this Code, the first and second violations of this Part shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed an amount of three hundred dollars ($300) annually.

• D. The remedies and penalties provided in this Part are cumulative and not exclusive, and nothing in this Part shall preclude the pursuit any other remedies including, but not limited to, legal, injunctive, or any other relief to enforce the provisions of this Part and any regulation or administrative procedure developed pursuant hereto.

• (Ord. 30772.)

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