Part 5 — PROCESSING AND DISPOSAL OF SOLID WASTE

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.

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 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:

A recyclables Generator may deliver recyclables to a Recycling Center.

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.

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.

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.

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.

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 clean-out material collected in roll-off or front-load 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 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:

Final deposition at a landfill.

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.

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 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.)