Part 9 — COMMERCIAL SOLID WASTE REGULATIONS

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.)

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:

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.

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.

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

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

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:

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.

Secure document shredding.

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.

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).

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:

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.

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.

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.

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 hard-surfaced, accessible location.

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 rights-of-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.

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:

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.

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.

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:

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.

Is watertight.

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

Is designed to be emptied mechanically by a collection vehicle.

Is kept on the premises in a hard-surfaced, accessible location.

B.

A rolloff box that either:

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

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 maintained 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.)

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 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.

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.

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 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:

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

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.

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 Premises 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:

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.

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.

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 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.)