San Juan Capistrano Municipal Code Ch. 3 Solid Waste

Note: Editor’s note—Sections 6-3.01 through 6-3.16, codified from Ordinance No. 223 and amended by Ordinance Nos. 695, 837, 845, 887, 1010, 1041, and Res. No. 03-11-04-04 were amended in their entirety by Ordinance No. 1093, effective December 2, 2021.

This chapter shall be known and may be cited as the “Municipal Solid Waste Collection Law of the City of San Juan Capistrano.”

(Ord. No. 1093, § 3, 2021)

(a) It is in the public interest to control solid waste handling services within the City.

(b) The City must comply with the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.), as amended from time to time, which, among other things, requires the City to track the quantity of solid waste being generated in the City and to reduce the total amount.

(c) SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires CALRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including cities and counties, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.

(d) SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires the City to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. This chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.

(e) To enable the City to comply with the California Integrated Waste Management Act of 1989 and SB 1383, as amended from time to time, and to better control solid waste handling services, including the handling of organic wastes and recyclable materials, within the City, the City deems it necessary to grant one solid waste enterprise the right to provide exclusive solid waste handling services within the City as provided in this chapter.

(Ord. No. 1093, § 3, 2021)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"AB 341"

means Assembly Bill 341 from the 2011-2012 Regular Session of the California Legislature (Chapter 476, Stats. 2011).

"AB 939"

means that State legislation commonly known as the California Integrated Waste Management Act (Chapter 1095, Stats. 1989, as amended) as codified in Public Resources Code Section 49000, et seq.

"Back-haul"

means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

"Blue container"

has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

"Bulky items"

means solid waste that cannot and/or would not typically be accommodated within a cart including specifically: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators with and without Freon, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as “white goods”); residential wastes (including wood waste, tree branches, scrap wood, in the aggregate not exceeding one cubic yard per collection); and clothing. Bulky items shall specifically include items commonly known in the waste industry as “brown goods” and “ewaste.” Bulky items do not include car bodies, construction and demolition debris or (with the exception of appliances/white goods described above) items that cannot reasonably be moved with equipment of the type which, pursuant to industry standards, would normally be carried in a truck collecting bulky items.

"CALRecycle"

means California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions, including the City.

"City Manager"

means the City Manager of the City or duly-authorized representative or designee. “Collect” or “collection” or “collecting” shall mean to take physical possession of, transport, and remove solid waste from a premises.

"Commercial business" or "commercial"

means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing the provisions of this chapter.

"Commercial edible food generator"

includes a tier one or a tier two commercial edible food generator as defined herein or as otherwise defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

"Community composting"

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

"Compost"

means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility, or as otherwise defined in 14 CCR Section 17896.2(a)(4).

"Construction and demolition debris"

means used or discarded materials removed from premises during construction, renovation, remodeling, repair, or demolition operations on any pavement, house, commercial or industrial building, or other structure and shall include, but not be limited to, concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock, soil and metal.

"Construction, remodeling or demolition project"

means the erection or demolition of or the making of changes to any building, structure or landscaping which generates construction and demolition debris.

"Container contamination" or "contaminated container"

means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

"Contractor"

means any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the City of San Juan Capistrano.

"Designee"

means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities under SB 1383 implemented in this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, the exclusive solid waste enterprise, a private entity, or a combination of those entities.

"Designated recycling collection station"

means the place designated in the contract between the City and an authorized recycling contractor from which the authorized recycling contractor has contracted to collect recyclable solid waste. This location will customarily be the curbside of a residential neighborhood or the service alley of a commercial enterprise.

"Diversion"

means a reduction in the amount of waste being deposited in landfills by any of the following methods:

(a)

Use of new construction methods, approved by the Solid Waste Coordinator, that reduce the amount of construction and demolition waste generated.

(b)

On-site reuse of the construction and demolition debris.

(c)

Delivery of the construction and demolition waste from a site to a recycling facility as described in this article.

(d)

Other methods approved by the Solid Waste Coordinator.

"Edible food"

means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

"Excluded waste"

means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City’s, or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the City’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the City or its designee for collection services.

"Exclusive solid waste enterprise"

means any agent or employee of the City or any agent or employee of the person with whom the City shall have duly contracted under the terms set forth in the chapter for exclusive solid waste handling services.

"Exclusive solid waste handling services"

means an arrangement wherein one person shall have the right to provide all the solid waste handling services, including the handling of organic wastes and recyclable materials, within the City to the exclusion of all other persons except for the persons and under the situations expressly included in subsections (b), (c), (d), (e), (f) and (g) of Section 6-3.06.

"Food distributor"

means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

"Food recovery"

means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

"Food recovery organization"

means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

(a)

A food bank as defined in Section 113783 of the Health and Safety Code;

(b)

A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

(c)

A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

"Food recovery service"

means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food-soiled paper"

means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

"Food waste"

means those discarded materials that will decompose and/or putrefy including: all kitchen and table food waste; animal or vegetable waste that is generated or results from the storage, preparation, cooking or handling of food stuffs, fruit waste, grain waste, dairy waste, meat, and fish waste, vegetable trimmings, houseplant trimmings, food-soiled paper, and other compostable organic waste common to the occupancy of residential or commercial premises, or as otherwise indicated by the exclusive solid waste enterprise. Food waste is a subset of organic waste.

"Gray container"

has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

"Gray container waste"

means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

"Green container"

has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

"Green waste"

means tree trimmings, grass cuttings, dead plants, leaves, branches, and dead trees (not more than six inches in diameter or 48 inches in length) and similar organic materials.

"Grocery store"

means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

"Hazardous solid waste"

means any of the following:

(a)

Any substances defined, regulated or listed (directly or by reference) as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic waste,” “pollutant” or “toxic substances” or similarly identified as hazardous to human health or the environment, in or pursuant to:

(1)

The Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC Section 9601 et seq.;

(2)

The Hazardous Materials Transportation Act, 49 USC Section 5101, et seq.;

(3)

The Resource Conservation and Recovery Act, 42 USC Section 6901 et seq.;

(4)

The Clean Water Act, 33 USC Section 1251 et seq.;

(5)

California Health and Safety Code Sections 25115-25117, 25249.8, 25281, and 25316;

(6)

The Clean Air Act, 42 USC Section 7401 et seq.; and

(7)

California Water Code Section 13050.

(b)

Any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and

(c)

Any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable Federal, State or local laws or regulations currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyls (“PCBs”), petroleum, natural gas and synthetic fuel products, and byproducts.

"High diversion organic waste processing facility"

means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR Section 18982(a)(33).

"Large event"

means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

"Large venue"

means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

"Local education agency"

means a school district, charter school, or county office of education that is not subject to the control of City or County regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

"Multifamily residential dwelling" or "multifamily"

means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"Non-compostable paper"

includes, but is not limited to, paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

"Non-organic recyclables"

means non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

"Organic waste"

means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Organic waste includes green waste and food waste.

"Organic waste generator"

means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

"Paper products"

include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

"Printing and writing papers"

include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

"Person"

means any solid waste enterprise, individual, partnership, joint venture, firm, corporation, nonprofit corporation, association, organization, unincorporated private or public organization, or any other combination or entity.

"Prohibited container contaminants"

means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City’s blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in the City’s green container and/or blue container; and (iv) excluded waste placed in any container.

"Recyclable material"

means that solid waste capable of being recycled, reprocessed, transformed and reused, including, but not limited to, those materials defined by the City for the purpose of placement by generators in proper containers and collection by the exclusive solid waste enterprise and may be modified form time to time when requested by the exclusive solid waste enterprise and approved by the City. These materials include glass, newspaper, aluminum, cardboard, certain plastics or metal; newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, Kraft brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers, aluminum beverage containers; small scrap and cast aluminum (not exceeding 10 pounds in weight nor two feet in any dimension for any single item); steel including “tin” cans and small scrap (not exceeding 10 pounds in weight nor two feet in any dimension for any single item); steel including “tin” cans and small scrap; bimetal containers, metal foil; mixed plastics such as plastic containers (1-7); and bottles, including containers made of HDPE, LDPE, PET, or PVC, that are California Redemption Value (CRV) labeled. This definition excludes all food waste.

"Recyclable solid waste"

means all solid waste which can be recycled and which is separated from other solid waste for the purpose of being recycled such as, but not limited to, aluminum, cardboard, glass, metal, newspaper, paper, and plastic.

"Recycle" or "recycling"

means the process of collecting, transferring, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

"Remote monitoring"

means the use of the Internet of Things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

"Restaurant"

means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

"Reuse"

means further or repeated use of construction and demolition debris.

"SB 1383"

means Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

"SB 1383 regulations"

means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CALRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Self-hauler"

means any person or entity that, pursuant to Section 6-3.06.02 of this code, provides for the collection, transportation and disposal of organic waste, recyclable materials, and other solid waste generated by his/her/its own premises. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

"Single-family"

means of, from, or pertaining to any residential premises with fewer than five units.

“Solid waste”

means and includes all discarded putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, industrial waste, commercial solid waste, bulky items, manure, and any other discarded solid, semisolid, and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of “Nonhazardous Solid Waste” set forth in the California Code of Regulations, as it may be amended from time to time. Solid waste does not include hazardous (Class I) waste, low-level radioactive waste, untreated medical waste, or special solid waste.

"Solid Waste Coordinator"

means the Solid Waste Coordinator of the City or such other designee of the City charged with coordinating, monitoring, controlling or regulating municipal solid waste.

"Solid waste enterprise"

means any person regularly engaged in the business of providing solid waste handling services.

"Solid waste handling services"

means the collection, transfer, transport, recycling, processing, and disposal of solid waste for premises within the City.

"Source separated"

means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4).

"Source separated blue container organic waste"

means source separated organic waste that can be placed in a blue container that is specifically intended for the separate collection of organic waste by the generator that is limited to the collection of those organic wastes and non-organic recyclables, including unsoiled paper products as well as printing and writing products and excluding food waste.

"Source separated green container organic waste"

means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste.

"Source separated organic waste collection stream"

has the same meaning as defined in Section 17402(a)(26.6).

"Source separated recyclable materials"

means source separated non-organic recyclables and source separated blue container organic waste.

"Special solid waste"

means wastes other than solid waste including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous solid waste, animal carcasses, dead animals, and/or parts or portions of dead animals, explosive substances, radioactive materials, and other materials which may not be disposed of at a Class III landfill, or which require special handling.

"Supermarket"

means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

"Tier one commercial edible food generator"

means a commercial edible food generator that is one of the following:

(a)

Supermarket.

(b)

Grocery store with a total facility size equal to or greater than 10,000 square feet.

(c)

Food service provider.

(d)

Food distributor.

(e)

Wholesale food vendor.

"Tier two commercial edible food generator"

means a commercial edible food generator that is one of the following:

(a)

Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

(b)

Hotel with an on-site food facility and 200 or more rooms.

(c)

Health facility with an on-site food facility and 100 or more beds.

(d)

Large venue.

(e)

Large event.

(f)

A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

(g)

A local education agency facility with an on-site food facility.

"Universal waste,"

sometimes called U-waste, are any of the wastes that are listed in Section 66261.9 of Division 4.5 of Title 22 of the California Code of Regulations. California universal wastes include:

(a)

Batteries.

Includes AAA, AA, C, D, button cell, 9-volt, both rechargeable and single use. (Automotive type batteries are not universal waste. However, when they become waste, they are banned from the trash.)

(b)

Fluorescent lamps and tubes.

Includes fluorescent tubes, compact fluorescent lamps, metal halide lamps, sodium vapor lamps, high intensity discharge (HID) lamps, and neon bulbs.

(c)

Thermostats.

There is mercury inside the sealed glass “tilt switch” of the old style thermostats (not the newer electronic kind).

(d)

Electronic devices.

Includes televisions and computer monitors, computers, printers, VCRs, cell phones, telephones, and radios.

(e)

Electrical switches.

Some electrical switches and relays contain mercury. Such mercury switches can be found in some chest freezers, pre-1972 washing machines, sump pumps, electric space heaters, clothes irons, silent light switches, automobile hood and trunk lights, and ABS brakes.

(f)

Pilot light sensors.

Mercury-containing switches associated with pilot light sensors are found in some gas appliances such as stoves, ovens, clothes dryers, water heaters, furnaces and space heaters.

(g)

Mercury gauges.

Some gauges, such as barometers, manometers, blood pressure, and vacuum gauges contain mercury.

(h)

Mercury added novelties.

Examples include greeting cards that play music when opened; athletic shoes (made before 1997) with flashing lights in soles; and mercury maze games.

(i)

Mercury thermometers.

Mercury thermometers typically contain about one-half gram of mercury.

(j)

Non-empty aerosol cans that contain hazardous materials.

Many products in aerosol cans are toxic. And many aerosol cans contain flammables, like butane, as propellants for products like paint. If your aerosol can is labeled with words like TOXIC or FLAMMABLE don’t put it in the trash unless it is completely empty.

"Wholesale food vendor"

means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

(Ord. No. 1093, § 3, 2021)

(a) The City may enter into a contract providing for exclusive solid waste handling services within the City on whatever terms the City considers appropriate. Said contract for exclusive solid waste handling services shall be in writing. The person with whom the City enters into said exclusive solid waste handling contract is referred to in this chapter as the exclusive solid waste enterprise, and said person shall have the exclusive right to perform all solid waste handling services within the City.

(b) The exclusive solid waste enterprise providing residential, commercial, or industrial organic waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect organic waste:

(1) Identify the facilities to which it will transport organic waste including facilities for source separated recyclable materials and source separated green container organic waste.

(2) Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

(3) Obtain approval from the City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, the City’s C&D requirements in Sections 6-3.08.01 to 6-3.08.09 of this chapter, and the exclusive solid waste handling contract.

(c) The exclusive solid waste enterprise shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its exclusive solid waste handling contract entered into with the City.

(d) Rate structure. The rates charged by the exclusive solid waste enterprise for the solid waste handling services shall be as set forth in the schedule of rates and charges which shall be mutually agreed upon by the City and the exclusive solid waste enterprise in the exclusive solid waste handling services contract.

(e) Rate increases. Annual rate increases may be granted as set forth in the exclusive solid waste handling services contract between the City and the exclusive solid waste enterprise. In the event of an annual increase, the Solid Waste Coordinator shall annually publish a revised schedule of rates and charges for solid waste handling services.

(Ord. No. 1093, § 3, 2021)

(a) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.

(b) Community composting operators, upon the City’s request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days.

(Ord. No. 1093, § 3, 2021)

The exclusive solid waste enterprise shall provide both a surety bond and liability insurance protection in an amount to be agreed upon in the exclusive solid waste handling services contract and also acceptable to the office of the City Attorney.

(Ord. No. 1093, § 3, 2021)

(a) Except for the exclusive solid waste enterprise and except for any person described in subsections (b), (c), (d), (e), (f), (g) and (h) of this section, it is unlawful for any person to engage in solid waste handling services within the City.

(b) A person that obtains a self-hauler permit in accordance with this chapter.

(c) The owner, tenant, or occupant of residential or commercial business within the City that has subscribed for and is receiving solid waste handling services from the exclusive solid waste enterprise, when such owner, tenant or occupant is collecting materials generated at his or her own premises for delivery to a lawful disposal, high-diversion waste processing facility, or recycling facility. This exemption does not permit the hiring of any person or entity, other than the exclusive solid waste enterprise, to collect solid waste from one’s own premises. One who collects materials generated at his or her own premises in this way must comply with the requirements of Section 6-3.06.02(c).

(d) The collection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other similar service provider as an incidental part of the services provided to its customers rather than as a hauling service, provided that such solid waste is not collected by a third party hired for the primary purpose of collecting said materials, and further provided that such services comply with any ordinances, policies and regulations of the City relating to the collection of such materials.

(e) The collection of yard waste, green waste and related solid waste by a gardener or landscaper as an incidental part of the gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such solid waste is not collected by a third party hired for the primary purpose of collecting said materials, and further provided that such gardener or landscaper transport these materials to a permitted compost or organics recycling facility. Gardeners and landscapers shall identify their disposal facilities annually with renewal of their City business license.

(f) Any person or entity collecting recyclable material sold or donated (inclusive of food donations to food recovery organizations) to it by the person or entity that generated such recyclable material (the “generator”) provided, however, to the extent permitted by law, if the generator is required to pay monetary or nonmonetary consideration for the collection, transportation, transfer or processing of recyclable material, the fact that the generator receives a reduction or discount in price therefor (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation.

(g) The collection, transportation or disposal of solid waste by City employees in the course and scope of their employment with the City.

(h) Any person may transport solid waste over City streets provided they comply with the provisions of this chapter and with any other governing laws, and provided further they do not engage in any solid waste handling services within the City.

(Ord. No. 1093, § 3, 2021)

(a) Each self-hauler shall obtain a permit from the office of the City Manager.

(b) All self-haulers holding a self-hauler permit and operating in accordance with this chapter are only permitted to collect, transport, and dispose of solid waste generated by and upon the self-hauler’s own premises. Under no circumstances may a self-hauler collect, transport or dispose of solid waste generated upon premises that are not owned, operated, resided upon, or controlled by the self-hauler. Notwithstanding any other provision of this chapter, self-haulers shall not be permitted to share, place solid waste in, or to otherwise use the bin, cart, rolloff box, or other container of another person or business.

(c) All self-haulers operating in accordance with this chapter shall comply with the City’s recyclables and organic waste program as follows:

(1) All self-haulers shall source separate all recyclable materials and organic waste (materials that the City otherwise requires generators to separate for collection in the City’s source separated three-container solid waste handling services) generated on site from other solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

(2) All self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

(3) Self-haulers that are commercial businesses, including multifamily residential dwellings, shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the City. The records shall include the following information:

(A) Delivery receipts and weight tickets from the entity accepting the waste.

(B) The amount of material in cubic yards or tons transported by the generator to each entity.

(C) 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 organic waste.

(4) Self-haulers that are commercial businesses, including multifamily self-haulers, shall provide information collected in subsection (c)(3) of this section to the City no less frequently than every 12 months, beginning January 1, 2022.

(5) A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsections (c)(3) and (c)(4) of this section.

(d) Permit specific requirements. All self-haulers shall subscribe to the following permit specific requirements:

(1) Residential self-hauler permits. The owner, tenant, or occupant of a residential premises within the City shall be granted a self-hauler permit by the City Manager for such premises upon request, and after: (i) submitting a form that includes the address of the premises in question; and (ii) demonstrating that arrangements have been made for the return of any containers belonging to the City’s solid waste franchisee. The self-hauler permit for a residential premises shall remain effective for such premises until cancelled by the owner, tenant, or occupant of such premises, or unless revoked by the City Manager. The City Manager may revoke such a self-hauler permit issued for a residential premises if he or she finds that the permit holder is not reasonably disposing of solid waste at a legally permitted facility, is unreasonably allowing solid waste to accumulate at the residential premises in question, is not in compliance with the City’s recyclables and organic waste program requirements in subsection (c) above, or is in any way handling solid waste in such a manner as to endanger public health or safety.

(2) Nonresidential self-hauler permits. A self-hauler permit for any premises that is not a residential premises shall be in accord with the following provisions:

(A) Applications and renewals.

(i) Self-haulers must renew their permit at the commencement of each calendar year. The application for a self-hauler permit, whether upon initial application or renewal, shall include the following:

a. A list of all bins, carts, rolloff boxes, and other containers to be used by the self-hauler;

b. A list of all transportation and disposal equipment to be used by the self-hauler;

c. A written explanation of where all solid waste will be delivered for disposal and diversion;

d. A written plan explaining to the reasonable satisfaction of the City Manager how not less than 75% of solid waste collected will be diverted from disposal in compliance with AB 341 and SB 1383; and

e. Any other information deemed necessary by the City Manager to ensure protection of public health, safety and sanitary needs.

(ii) Applications to renew a self-hauler permit shall include:

a. Receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has effectively diverted at least 75% of all solid waste collected at its premises from landfills in a manner that complies with the requirements of AB 341 and SB 1383; and

b. Receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has delivered solid waste collected from its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self-hauler by the City Manager.

(iii) The City Manager or his or her designee shall approve the application for a self-hauler permit if it meets the requirements of this section, and if the equipment, containers, diversion plan, and disposal plan are to his or her reasonable satisfaction, and if evidence of past diversion and disposal requirements demonstrate the applicant has complied with the 75% diversion requirement, as applicable, and otherwise complied with all laws related to disposal of solid waste.

(B) Containers. Each self-hauler shall provide its own bins, carts, rolloff boxes, or other containers. Bins, carts, rolloff boxes or other containers utilized by a self-hauler must conform to industry standards for solid waste disposal and must be approved by the City Manager in writing prior to issuance of a self-hauler permit. In addition, any containers utilized by a self-hauler shall comply with the following requirements:

(i) All containers shall be maintained in good repair, and any question as to the meaning of this standard shall be resolved by the City Manager;

(ii) All containers shall be maintained in a sealed, watertight condition;

(iii) Self-haulers shall remove any graffiti that appears on containers within 24 hours after becoming aware of it.

(C) Collection and transport equipment. Collection and transport equipment, including, but not limited to, transport trucks and vehicles, utilized by a self-hauler must be approved by the City Manager or his or her designee in writing prior to issuance of a self-hauler permit.

(D) Non-commercial venture. It is the intent of this chapter to prevent and proscribe self-hauling activities undertaken as a commercial enterprise. Self-haulers must obtain all equipment, including containers and collection and transportation equipment, at a fair market value that does not include any hauling services, “free” or otherwise. A self-hauler may utilize its own employees to undertake self-hauling activities, but under no circumstance may a self-hauler utilize an independent contractor or any other person or entity for solid waste collection services other than the exclusive solid waste enterprise.

(E) Other recycling obligations. Self-haulers shall recycle all recyclable materials not otherwise addressed by this section to a degree and in a manner consistent with standards generally applicable to the solid waste industry and as required by State law.

(F) Collection frequency. Unless otherwise specifically provided in this chapter, self-haulers shall remove solid waste from their premises at least once per week. However, upon application to the City for a self-hauler permit, the City Manager or designee may determine a different frequency for solid waste collection, transport and disposal from the self-hauler’s premises. This determination shall be based upon the nature of the premises, the type of solid waste generated by the premises, and the collection capacity of the self-hauler as demonstrated by information in the application.

(G) Hazardous and special solid waste. Unless lawfully and currently licensed under State, Federal and local laws, no self-hauler shall engage in the collection, transport or disposal of hazardous solid waste or special solid waste.

(H) Revocation. The City Manager may revoke a self-hauler permit if the permittee:

(i) Fails to divert at least 75% of all solid waste collected from its premises from landfills in a manner that complies with the requirements of AB 939, AB 341, and SB 1383;

(ii) Fails to deliver solid waste collected from its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self-hauler by the City Manager; or

(iii) Fails to comply with the City’s recyclables and organic waste program requirements outlined in subsection (c) of this section.

(iv) Fails to comply with any other section in this code or other applicable law regarding the collection, hauling, transportation, or disposal of solid waste.

(Ord. No. 1093, § 3, 2021)

(a) Ownership of recyclable solid waste. Upon placement of recyclable solid waste at a designated recycling collection location, such recyclable solid waste shall become the property of the authorized recycling contractor.

(b) Collection by persons other than the authorized recycling contractor. Except for the authorized recycling contractor, it is unlawful for any person, including, but not limited to, the exclusive solid waste enterprise, to collect recyclable solid waste from a designated recycling collection station.

(c) Right of individual to dispose of recyclable solid waste. Nothing in this chapter shall limit the right of any person to donate, sell or otherwise dispose of recyclable solid waste, provided that any such disposal is in accordance with the provisions of this chapter.

(d) Civil action by authorized recycling contractor. Nothing in this chapter shall be deemed to limit the right of an authorized recycling contractor to bring a civil action against any person who violates subsection (b) of this section, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling center.

(Ord. No. 1093, § 3, 2021)

(a) Arrangements for removal of solid waste mandatory. Except as otherwise provided in this chapter, the owner, property manager, tenant and/or person in charge or control of each residential premises and each commercial business in the City shall either:

(1) Subscribe to the City’s three-container solid waste handling services with the exclusive solid waste enterprise; or

(2) Register as a self-hauler, obtain, and keep current a self-hauler permit as set forth in this chapter in connection with said premises.

(b) Single-family organic waste generators, except single-family generators that meet the self-hauler requirements in Section 6-3.06.02, shall comply with the following requirements:

(1) Generators shall subscribe to the City’s solid waste handling services for all organic waste generated as described below in subsection (b)(2). The City and the exclusive solid waste enterprise shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and a single-family generator shall adjust its service level for its collection services as requested by the City or the exclusive solid waste enterprise. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(2) Generators shall participate in the City’s solid waste collection services by placing source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container and shall not place prohibited container contaminants in collection containers.

(c) Generators that are commercial businesses, including multifamily residential dwellings, shall comply with the following requirements:

(1) Except commercial businesses that meet the self-hauler requirements in Section 6-3.06.02, commercial businesses shall subscribe to the City’s three-container solid waste handling services and comply with the requirements of those services described in subsection (c)(2) of this section. The City and the exclusive solid waste enterprise shall have the right to review the number and size of a generator’s 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; and, commercial businesses shall adjust their service level for their collection services as requested by the City or exclusive solid waste enterprise.

(2) Except commercial businesses that meet the self-hauler requirements in Section 6-3.06.02, commercial businesses shall participate in the City’s solid waste collection services by placing source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container, and shall not place prohibited container contaminants in collection containers.

(3) Commercial businesses shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (c)(4)(A) and (c)(4)(B) below) for employees, contractors, tenants, and customers, consistent with City’s three-container solid waste handling services or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Section 6-3.06.02.

(4) Commercial businesses, excluding multifamily residential dwellings, shall provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. 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 business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

(A) A body or lid that conforms with the container colors provided through the collection service provided by the exclusive solid waste enterprise, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A 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 the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(B) 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 to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(5) Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection (c)(4) of this section pursuant to 14 CCR Section 18984.9(b).

(6) Commercial businesses, excluding multifamily residential dwellings, shall, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the City’s three-container solid waste handling services or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Section 6-3.06.02.

(7) Commercial businesses, excluding multifamily residential dwellings, shall periodically inspect blue containers, green containers, and gray containers for contamination 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).

(8) Commercial businesses shall annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

(9) Commercial businesses shall provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

(10) Commercial businesses shall provide or arrange access for the City or its agent to their properties during all inspections requested by the City to confirm compliance with the requirements of this chapter.

(11) If the City institutes a remote monitoring program, which may be implemented at a later date, commercial businesses shall accommodate and cooperate with the City’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants to evaluate generator’s compliance with this section. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

(12) Commercial businesses may, at commercial business’s option and subject to any approval required from the City, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and gray containers subject to written notification to or approval by the City or its designee.

(13) If a commercial business wants to self-haul pursuant to subsection (a)(2) of this section, it must meet the self-hauler requirements in Section 6-03.06.02 of this chapter.

(14) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(15) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 6-3.12.

(d) The City, in its sole discretion, may elect to comply with the requirements of SB 1383 through a performance-based compliance approach. If the City elects to follow a performance-based compliance approach, organic waste generators shall automatically be enrolled in the City’s three-container solid waste handling services as follows:

(1) Single-family organic waste generators, except single-family generators that meet the self-hauler requirements in Section 6-3.06.02 of this chapter shall be automatically enrolled in the City’s three-container solid waste handling services with a minimum source separated recyclable materials service level of 35 gallons per week, and with a minimum source separated green container organic waste service level of 35 gallons per week, in accordance with the exclusive solid waste handling contract. The City shall have the authority to change this minimum required levels of service over time. The City and the exclusive solid waste enterprise shall have the right to review the number, size, and location of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and a generator shall adjust its service level for its collection services as requested by the City or the exclusive solid waste enterprise.

(2) Except commercial businesses that meet the self-hauler requirements in Section 6-3.06.02 of this chapter, commercial businesses, including multifamily residential dwellings, shall be automatically enrolled in the City’s three-container solid waste handling services with a source separated recyclable materials service level of 35 gallons per week, and with a minimum source separated green container organic waste service level of 35 gallons per week, in accordance with the exclusive solid waste handling contract. The City shall have the authority to change the minimum required service levels over time. The commercial business’s source separated recyclable materials service level and source separated green container organic waste service level must be sufficient for the amount of source separated recyclable materials and source separated green container organic waste generated by the commercial business. The City and exclusive solid waste enterprise shall have the right to review the number, size, and location of a generator’s 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; and commercial business shall adjust its service level for its collection services as requested by the City or exclusive solid waste enterprise.

(e) The City, at its sole discretion and in accordance with the SB 1383 regulations, may elect to provide any, all, or none of the waivers listed below in subsections (e)(1) and (e)(2) of this section.

(1) De minimis waivers. The City may waive a commercial business’s obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation, or if the City has evidence demonstrating, that the business generates below a certain amount of organic waste material as described in subsection (e)(1)(B) below. If the City has sufficient evidence demonstrating that a commercial business generates below a certain amount of organic waste material as described below, it shall verify that the commercial business’s organic waste generation meets the threshold without the receipt of a waiver application as described herein. As part of the organic waste generation verification process, the City may request documentation from the commercial business as described herein.

Commercial businesses requesting a de minimis waiver shall:

(A) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (e)(1)(B) below.

(B) Provide documentation that either:

(i) The commercial business’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business’s total waste; or

(ii) The commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business’s total waste.

(C) Notify the City if circumstances change such that commercial business’s organic waste exceeds the threshold required for waiver, in which case such waiver will be rescinded.

(D) Provide written verification of eligibility for de minimis waiver every five years, if City has approved the de minimis waiver.

(2) Physical space waivers. The City may waive a commercial business’s or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, the exclusive solid waste enterprise, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of subsection (c) of this section. A commercial business or property owner may request a physical space waiver through the following process:

(A) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

(B) Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from the exclusive solid waste enterprise, a licensed architect, or a licensed engineer.

(C) Provide written verification to City that it is still eligible for the physical space waiver every five years, if the City has approved the application for a physical space waiver.

(Ord. No. 1093, § 3, 2021)

California’s Green Building Standards Code (CALGreen) requires the diversion of a minimum percentage of the construction waste generated during most construction and demolition projects (CALGreen Sections 4.408, 4.410.2, 5.408, 5.410.1 and 5.713.8). Every demolition, remodeling, and construction project subject to this chapter shall recycle, reuse, or divert from the landfills or disposal sites the minimum amounts required by the then applicable version of CALGreen as adopted and amended by the City.

(Ord. No. 1093, § 3, 2021)

Prior to the issuance of any building or demolition permit, every applicant shall submit to the Solid Waste Coordinator of the City or such City staff that the City Manager may designate, a properly completed “Recycling and Waste Reduction Form,” on a form as prescribed by the Solid Waste Coordinator. The form shall contain an accurate estimate of the tonnage or other specified units of construction and demolition debris to be generated from the construction, demolition or remodeling project. An applicant shall not be issued a building or demolition permit until the Solid Waste Coordinator accepts the recycling and waste reduction form as complete and accurate. Such form shall also include all information required by the applicable version of the California Green Building Standards Code.

(Ord. No. 1093, § 3, 2021)

(a) The following projects are exempt from the requirements of Section 6-3.08.02 but shall still comply with the California Green Building Standards Code, as applicable.

(1) Work for which only a plumbing, electrical, or mechanical permit is required.

(2) Seismic tie-down projects.

(3) Installation of prefabricated patio enclosures and covers when no foundation or other structural building modifications are required.

(4) Installation of prefabricated accessories such as signs or antennas where no structural building modifications are required.

(5) Projects which involve residential roof modifications but do not result in the overall increase in square footage of the existing roof.

(6) The construction of new fencing.

(7) Construction or demolition work that the Solid Waste Coordinator determines will not produce construction or demolition waste.

(b) If an applicant for a project wants to obtain an exemption for that project, then the applicant shall file with the City an application for exemption. The applicant shall comply with the following:

(1) The application shall be filed with the Solid Waste Coordinator.

(2) The application will state the facts and reasons supporting the exemption.

(c) The Solid Waste Coordinator shall review each application for exemptions and determine whether an exemption is allowed by this section and communicate that decision to the applicant.

(Ord. No. 1093, § 3, 2021; Ord. No. 1102, § 5, 2022)

As a part of any application for, and prior to the issuance of, any building or demolition permit required for any project subject to Section 6-3.08.02, every applicant shall post a security deposit in the amount determined in accordance with the then current resolution of the City Council determining the same.

(Ord. No. 1093, § 3, 2021)

The security deposit shall be returned or released, without interest, upon proof to the satisfaction of the Solid Waste Coordinator, that no less than the required percentages or proven proportion of those percentages of the tons of construction or demolition debris generated by the construction, remodeling or demolition project have been diverted from landfills and have been recycled or reused. Applicants may either self-haul materials or use the City’s permitted waste hauler. Self-haulers shall comply with the permitting and other requirements of this chapter. The City’s exclusive franchise hauler is the only permitted waste hauler.

(a) An applicant may obtain a refund of a security deposit for a project by complying with the following:

(1) The applicant shall file an application for a refund with the Solid Waste Coordinator.

(2) The application shall include information demonstrating that either the applicant has complied with the required waste reduction and recycling plan, or the applicant has obtained and utilized a drop off bin service for the project with the City’s exclusive, permitted franchise waste hauler.

(b) The Solid Waste Coordinator shall refund or release the security deposit for a project when any of the following apply.

(1) The security deposit was erroneously paid or collected.

(2) The application for the permit is withdrawn or canceled before any construction work has commenced.

(3) The minimum required diversion percentage of construction and demolition debris generated by the project was diverted from landfill disposal.

(4) The minimum diversion requirement has not been achieved, but the Solid Waste Coordinator determines that the applicant has made a good faith effort to comply with the diversion requirements of this chapter and it is not practicable or feasible for the applicant to meet the diversion requirement.

(5) The applicant has complied with and performed all the requirements of the waste reduction and recycling plan for the project.

(6) The applicant has obtained DOB service for the project from the City’s exclusive, permitted franchise waste hauler and used the service at the project site continuously until completion of the project.

(Ord. No. 1093, § 3, 2021)

If the Solid Waste Coordinator determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by Section 6-3.08.09, or if the applicant utilizes an unauthorized, non-permitted waste hauler, then the security deposit shall be forfeited to the City.

(Ord. No. 1093, § 3, 2021)

Security deposits received by the City shall only be used for the following:

(a) Administrative costs of the construction and demolition debris recycling program which are not covered by the application fee established pursuant to this chapter.

(b) Programs to divert construction and demolition waste from landfill disposal and other recycling programs.

(c) Programs intended to develop or improve the infrastructure needed to divert construction and demolition waste from landfill disposal and other recycling programs.

(d) Programs and staff for recycling implementation and education efforts.

(e) Payment of any fines levied by the California Department of Resources Recycling Recovery (CALRecycle) or its successor for noncompliance with Integrated Waste Management Act or other state regulatory requirements.

(Ord. No. 1093, § 3, 2021)

As a part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of construction and demolition debris subject to subject to Section 6-3.08.01, every applicant shall pay to the City an application fee sufficient to cover all City expenses incurred in administering the program. The amount of the fee shall be determined by resolution of the City Council and may include different or higher fees for projects subject to Section 6-3.08.02.

(Ord. No. 1093, § 3, 2021)

Within 60 days following the completion and finalization of a permit involving demolition or construction, the contractor shall submit documentation to the Solid Waste Coordinator, which proves compliance with the requirements of Section 6-3.08.01. The documentation shall consist of a final completed “Recycling and Waste Reduction Form” showing actual data of tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, contractors and landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated from the site have been recycled, reused, salvaged or to otherwise disposed of. In the alternative, the permittee may submit a letter stating that no waste or recyclable materials were generated from the project. In which case, this statement shall be subject to verification by the Solid Waste Coordinator. Any deposit posted pursuant to Section 6-3.08.04 shall be forfeited if the permittee does not meet the timely reporting requirements of this section.

(Ord. No. 1093, § 3, 2021)

(a) Disposition. Generators, owners and/or possessors of special solid waste and/or hazardous solid waste shall dispose of all special solid waste and hazardous solid waste which they generate, own or possess in accordance with all zoning laws.

(b) Regulation. The City Manager may promulgate regulations regarding the handling, transportation and/or disposal of special solid waste and hazardous solid waste within the City.

(c) Placement in containers for collection. It is unlawful for any person to place special solid waste or hazardous solid waste in the containers for regular collection of solid waste by the exclusive solid waste enterprise or at a designated recycling collection location.

(Ord. No. 1093, § 3, 2021)

(a) Illegal dumping. No unauthorized person shall cause the placement of solid waste, originating from another premises, within a waste container designated to serve the premises for which the container has been assigned.

(b) Depositing and scattering. No person shall cast, place, sweep, or deposit anywhere in the City any solid waste in such a manner so that it may be carried or deposited by elements upon any street, sidewalk, alley, sewer, parkway storm drain, stream or public place or into any premises within the City.

(Ord. No. 1093, § 3, 2021)

Any unauthorized accumulation of solid waste, hazardous solid waste or special solid waste on any property or in any premises is declared to be a nuisance and shall be prohibited.

(Ord. No. 1093, § 3, 2021)

(a) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

(c) Commercial edible food generators shall comply with the following requirements:

(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.

(2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(4) Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

(A) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

(C) A record of the following information for each of those food recovery services or food recovery organizations:

(i) The name, address and contact information of the food recovery service or food recovery organization.

(ii) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

(iii) The established frequency that food will be collected or self-hauled.

(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

(Ord. No. 1093, § 3, 2021)

(a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.

(3) The quantity in pounds of edible food transported to each food recovery organization per month.

(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

(b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

(2) The quantity in pounds of edible food received from each commercial edible food generator per month.

(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

(c) Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 15 annually.

(d) Food recovery capacity planning. In order to support edible food recovery capacity planning assessments or other studies conducted by a County, City, or a special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

(e) Any records required to be maintained by this section shall be provided to the City upon request.

(Ord. No. 1093, § 3, 2021)

(a) Any and each violation of this chapter shall constitute a separate and distinct offense punishable in accordance with Chapter 7 of Title 1 of this code. The City shall impose administrative fines for violations in the amounts and manner required by the SB 1383 regulations, including the issuance of a notice of violation with a 60 day cure period.

(b) In addition to the penalties herein, if violations of the provisions of this chapter exist as to a project, the Building Official may use various administrative measures to insure compliance. Measures available include, but are not limited to:

(1) Issuance of a building permit or a certificate of occupancy for that project may be withheld until all such violations have been corrected;

(2) Issuance of a stop work notice, until all such violations have been corrected;

(3) Stopping all inspections on subject project, until all such violations have been corrected;

(4) Other measures recommended by the City Attorney.

(Ord. No. 1093, § 3, 2021)

The regulations contained in this chapter regarding organic waste materials and recycling guidelines may be amended from time to time by City Council resolution.

(Ord. No. 1093, § 3, 2021)