San Jose Municipal Code Part 3 General Regulations

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 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.

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 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 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 contaminated 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.)

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 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.

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.

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 multi-family 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.

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 understated, 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.)