San Jose Municipal Code Part 7 Residential Solid Waste Regulations

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.

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.)

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 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 sixty-four 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.

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-cubic-yard 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 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 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.

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 at-grade 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 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.)

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 Multi-Family 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 multi-family 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 collection 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.)