Santa Clarita Municipal Code Part 2 Integrated Waste Management

In order to protect public health, safety, and well-being, to control the spread of vectors, and to limit sources of air pollution, noise and traffic within the City, the City Council may grant one (1) or more exclusive or nonexclusive solid waste franchises or permits to one (1) or more solid waste enterprises to make arrangements with the persons in charge of day-to-day operations at premises in the City for the collection, transfer, recycling, composting, and disposal of solid wastes within and throughout the City.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022)

A solid waste enterprise which arranges for the collection of solid wastes shall make arrangements with its customers specifying the manner in which garbage, recycling and organics collection services are to be provided, subject to the terms of its solid waste franchise, as well as to the City's exercise of its police powers to protect public health, safety, and well-being, to limit the spread of vectors, to limit sources of noise and air pollution within the City, and to protect the quiet enjoyment of property by prohibiting the collection of solid wastes between certain hours and on certain holidays.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022)

In order to carry out its duties to plan for the management of vehicular traffic, the City Council may determine by resolution solid waste collection categories, including, but not limited to, residential, commercial, construction and demolition materials, temporary bin and roll-off box, industrial, special, special event, household hazardous waste, universal waste, recyclable solid waste, organic waste, and others, and may make or impose solid waste franchise, license, contract or permit requirements which may vary for such categories.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022)

In order to protect the public health, safety, and well-being and to prevent the spread of vectors, the person responsible for the day-to-day operation of each commercial premises and single-family residential premises in the City at which garbage, organic waste and recyclable materials are generated or accumulated shall make arrangements with a solid waste enterprise for the collection of these materials. If the City determines that the person in charge of day-to-day activities at any single-family or commercial premises has failed to subscribe for collection service as required by this chapter, a written notice may be sent informing of the violation and requirements of this chapter. If the person responsible for day-to-day operations does not subscribe to service within seventy-two (72) hours of the notice, or obtain an exemption per Section 15.44.217, the person is in violation of this chapter.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022)

The person responsible for the day-to-day activities at each premises may apply to the City for an exemption from subscribing to City collection service, if the person is self-hauling and meets the requirements to obtain a solid waste permit or if the person responsible for a commercial premises receives a waiver. This person would be required to obtain a solid waste permit per Part 3 of this chapter and, if approved for an exemption, commercial businesses will be required to submit reports to the City identifying the disposition of all generated waste, by amount and location, and demonstrating that organic waste was taken to a facility that recovers those materials and recyclable materials were taken to a facility that recovers those materials, and that garbage is not contaminated with recyclable materials or organic waste and that all material was handled in accordance with applicable law and self-hauler requirements in this chapter. Reports are due within ten (10) business days of month-end, in a format prescribed by the City Manager. The City may require persons responsible for the day-to-day operation of each premises to reapply for exemption on a biennial basis. If the responsible party fails to fulfill any requirements of this section, the City may arrange for the provision of service at the property and arrange for billing to the person in charge of day-to-day activities.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022)

The person in charge of day-to-day operations at all residential premises and commercial premises is required to make arrangements for the collection of their garbage, recyclable materials and organic waste through services franchised by the City or for recyclable materials only, through arrangements with a third-party recycler, as follows:

Generators subject to the requirements of the Act shall fully comply with all applicable requirements of the Act.

A. Generators, including single-family, multifamily and commercial businesses, except those that get an exemption and meet self-hauler requirements set forth in this chapter or commercial businesses that obtain a waiver pursuant to requirements in this chapter, shall:

1. Maintain, for such residence or business, separate garbage, organics and recycling containers, supplied by the franchised collector. Generators shall arrange for a sufficient number of such containers to adequately store all garbage, source separated recyclable materials and source separated organic waste generated in connection with the residence or business between the times designated for collection. The City shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this chapter. Generators may 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) to the extent permitted by other applicable laws.

2. Participate in the collection services provided by the City's franchised collector(s), by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in collection containers. Generators shall place source separated organic waste, including food waste, in the organics container; source separated recyclable materials in the recycling container; and garbage in the garbage container. Generators shall not place materials designated for the garbage container in the organics container or the recycling container.

3. Place garbage containers, recycling containers, and organics containers on the curb on the day specified for collection, unless a waiver has been granted by the City Manager pursuant to this chapter. Containers shall be placed in front of the premises in a location reasonably convenient for semi-automated or automated collection. The only exception would be if generator has reached an agreement with franchised collector for an alternative collection location.

4. Maintain garbage containers, recycling containers and organics containers in a sanitary condition at all times. Any bulky material must be reduced in size so that it may be placed in the appropriate container not overflowing and with the cover tightly closed and without excessive tamping, so that the container may be easily emptied.

5. No person shall tamper with, modify, remove from or deposit solid waste in any container which has not been provided for their use without the permission of the container owner.

6. Keep in a suitable place containers capable of holding without spilling, leaking, or emitting odors all garbage, organic waste and recyclable materials, which would ordinarily accumulate on the premises between the time of two (2) successive collections.

7. Not place ashes which are not cold and free from fire in any container.

8. Not place a residential solid waste container adjacent to a street or public right-of-way for collection if the container and its contents weigh more than fifty (50) pounds, unless automated collection is used. "Automated collection" means a mechanical lifting device is used to empty the residential solid waste containers, instead of requiring lifting by the driver.

9. To minimize interference with public rights-of-way, not place a container or any bulky goods adjacent to a street or public right-of-way for collection service before the day preceding the regularly scheduled collection day. Bulky goods may not be set out for collection unless the person in charge of day-to-day operations of the premises has made prior arrangements with a solid waste enterprise approved by the City for pickup of the bulky goods.

10. During the hours for collection designated in subsection (A)(11) of this section, place residential solid waste containers at the collection location designated by the solid waste enterprise holding the residential solid waste franchise and place them in a manner accessible for automated pickup, if automated pickup methods are utilized by the solid waste enterprise. Except during the time a container is placed for collection, residential solid waste containers shall not be visible from the public right-of-way. Commercial bins shall be accessible to the solid waste enterprise providing solid waste services at that location.

11. Place solid waste containers, such as residential containers, that are moved to a collection point to facilitate collection, no sooner than six p.m. on the day before the regularly scheduled collection day and remove them from any location adjacent to a street or right-of-way not later than eight a.m. on the day following the regularly scheduled collection day.

12. Not place any container in any front yard or side yard that is visible from a public street except during collection hours. No container may be placed in any public right-of-way unless an encroachment permit authorizing the placement has been issued by the City. A bin, construction and demolition material bin, temporary bin, or roll-off box may be placed on private property, visible to the public for temporary periods not to exceed those set forth in the definition of temporary bin.

13. Green waste shall not exceed four (4) feet in length and six (6) inches in diameter before being placed adjacent to a street or public right-of-way for collection. Place green waste in organic waste containers designated for the collection of green waste, or tied securely in bundles not exceeding fifty (50) pounds, and shall not be contaminated with other forms of solid waste or with hazardous waste. No person shall mix green waste with other forms of solid waste, nor contaminate green waste with any other substance, unless specifically permitted by the City or a solid waste enterprise. Materials such as food waste or manure may be placed in organic waste containers when the City or franchised solid waste enterprise has established such a recycling program and only in the manner in which specifically directed by the City.

B. In addition to the requirements in subsection (A) of this section, commercial businesses shall also:

1. Commercial business owners, including multifamily, shall provide or arrange for garbage container, organics container and recycling container collection service for employees, contractors, tenants and customers, and supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors as noted in subsections (B)(2)(a) and (b) of this section or, if self-hauling, in compliance with self-hauling requirements set forth in this chapter.

2. Commercial business that are not multifamily residential dwellings shall provide containers for the collection of source separated organic waste and source separated recyclable materials in all areas where the commercial business provides disposal containers for employees, contractors, tenants, customers and other users of the premises ("user disposal containers"). Such user disposal containers do not need to be provided in restrooms. If a commercial business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one (1) type of user disposal container, then the business does not have to provide that particular type of container in all areas where user disposal containers are provided. Pursuant to 14 CCR Section 18984.9(b), the user disposal containers provided by the business shall have either:

a. A body or lid that conforms with the following container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black containers for garbage, blue containers for source separated recyclable materials, and green containers for organics containers. Notwithstanding the foregoing, a commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or

b. Container labels that include language or graphic images, or both, indicating the primary materials 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. The container labeling requirements are required on new containers commencing January 1, 2022.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022)

The City may make the final determination as to where containers shall be located for collection and storage, and the proper service level, including the number and size of containers and frequency of collection. Prior to, or absent alternative direction from the City, customers and solid waste enterprises may select service levels and container locations.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.225)

All commercial business owners are required to:

A. Excluding multifamily residential dwellings, 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 recycling container, organics container, and garbage container collection service.

B. Excluding multifamily residential dwellings, periodically inspect recycling containers, organics containers, and garbage containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

C. Including multifamily residential dwellings, annually provide information to employees, contractors, tenants, building residents, and customers about organic waste recovery requirements and about proper sorting of organic waste and recyclable materials. A copy of such instructions shall be provided to the City Manager or designee upon request.

D. Including multifamily residential dwellings, provide information before or within fourteen (14) days of new occupation of the premises to new tenants and no less than fourteen (14) days before tenants move out of the premises, unless a tenant does not provide fourteen (14) or more days' notice before moving out, that describes requirements to keep organics container organic waste and recyclable materials separate from each other and from garbage, the location of containers, and the rules governing their use at the premises.

E. Including multifamily residential dwellings, prominently post and maintain one (1) or more signs where recyclable materials and/or organic waste are collected and/or stored that set forth what materials are required to be source separated, in addition to collection procedures for such materials.

(Ord. 22-3 § 1 (Exh. A), 1/25/2022)

A. Upon placement of recyclable solid waste at a designated recycling collection location, or placement of recyclable solid waste or recyclable materials in a container provided by a solid waste enterprise or by an authorized recycling agent for collection of recyclable solid wastes, the recyclable materials and recyclable solid waste become the property of the solid waste enterprise or authorized recycling agent, by operation of State law. See Public Resources Code Section 41950(c).

B. The recycling or disposal of any recyclable solid waste which has become part of the solid waste stream by having been discarded shall be in accordance with the provisions of this chapter.

C. Except as provided in subsections (D) and (E) of this section, nothing in this chapter shall limit the right of any person, organization, or other entity to sell recyclable material owned by that person, organization or other entity or to donate recyclable material to a charity or any other entity other than a solid waste enterprise.

D. If the seller or donor of recyclable material pays the buyer or the donee any consideration for collecting, processing, recycling, transporting or disposing of the recyclable material, or providing consultation services which exceed the selling price of the recyclable material, the transaction shall not be regarded as a sale or donation of recyclable material, but as an arrangement for the disposal of solid waste, and shall be subject to this chapter.

E. A person who receives a discount or reduction in the collection, disposal, and/or recycling service rates for unsegregated or segregated solid waste shall not be deemed to be selling or donating recyclable material and does not fall within this "donate or sell" exception.

(Ord. 09-4 § 1, 4/28/2009; Ord. 21-3 § 1 (Exh. A), 2/23/2021; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.410)

A. If the person in charge of day-to-day operations at a location refuses to subscribe to garbage, organics and recycling container service, once available, the person will be informed of this noncompliance and, as a result, will be charged the noncompliance rate as well as be subject to penalties as described in Part 9 of this chapter.

B. If the noncompliance rate is paid to the franchised hauler, the franchised hauler must remit those funds to the City at a frequency determined by the City Manager.

(Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.220(B))

A. De Minimis Waivers. The City Manager or Enforcement Officer may waive a commercial business's obligation to comply with some or all of the organic waste and recycling collection service requirements of this chapter, if documentation is provided demonstrating that the commercial business generates below a certain amount of organic waste material (de minimis), as described below.

A commercial business requesting a de minimis waiver shall:

1. Submit an application to the City Manager or Enforcement Officer specifying the service or requirements for which it is requesting a waiver. Applicant must supply all required proof of qualifications in writing together with the application submittal. Applicants may be required to provide information in forms provided by the City. Applicants are subject to one (1) or more site inspection(s) prior to approval of a waiver.

2. Provide documentation with the de minimis waiver application that either:

a. The commercial business's total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a recycling container or organics container comprises less than twenty (20) gallons per week per applicable container of the business's total waste; or

b. The commercial business's total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a recycling container or organics container comprises less than ten (10) gallons per week per applicable container of the business's total waste.

3. For the purposes of subsections (A)(2)(a) and (b) of this section, total solid waste shall be the sum of weekly garbage, source separated recyclable materials, and source separated organics container organic waste measured in cubic yards.

4. If the de minimis waiver is granted, notify the City Manager or Enforcement Officer granting the waiver if circumstances change such that the conditions under which the waiver was granted are no longer being met, in which case the waiver will be rescinded.

5. If the waiver is granted, provide written verification of continued eligibility for de minimis waiver to the City Manager or Enforcement Officer every five (5) years.

B. Physical Space Waivers. The City Manager or Enforcement Officer may waive a commercial business's or property owner's obligation to comply with some or all of the organic waste collection service requirements of this chapter if the Enforcement Officer has evidence from a licensed contractor, licensed architect, licensed engineer, or other person authorized by the Enforcement Officer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection service requirements set forth in this chapter.

A commercial business or property owner requesting a physical space waiver shall:

1. Submit an application to the City Manager or Enforcement Officer specifying the service or requirements for which it is requesting a waiver.

2. Provide documentation with the application for a physical space waiver that the premises lacks adequate space for recycling containers and/or organics containers, which shall include documentation from its licensed contractor, licensed architect, licensed engineer, or other person authorized by the Enforcement Officer.

3. If the waiver is granted, commercial business shall notify the City Manager granting the waiver if the commercial business's physical space configurations or amounts of solid waste generation change, in which case the waiver may be rescinded.

4. If the waiver is granted, commercial business shall provide written verification to the City Manager of continued eligibility for a physical space waiver every five (5) years.

C. Change of ownership of a premises automatically revokes a waiver and the new owner must comply with this chapter or obtain its own waiver.

D. Upon the determination of the City Manager or Enforcement Officer, a written notification of the approval or denial of a waiver shall be issued to the applicant.

(Ord. 22-3 § 1 (Exh. A), 1/25/2022)

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, or such later deadline established by State law or regulations.

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, or such later deadline established by State law or regulations.

C. Commercial edible food generators shall comply with the following requirements:

1. Arrange to safely recover for human consumption the maximum amount of edible food that would otherwise be disposed of.

2. Enter into a contract or other written agreement with food recovery organizations or food recovery services for: (a) the collection for food recovery of edible food that would otherwise be disposed of; or (b) acceptance of edible food that would otherwise be disposed of that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Use best efforts to abide by all contractual or written agreement requirements specified by the food recovery organization or food recovery service on how edible food should be prepared, packaged, labeled, handled, stored, distributed or transported to the food recovery organization or service.

4. Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.

5. Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

6. Allow the Enforcement Officer to review records upon request, including by providing electronic copies or allowing access to the premises.

7. 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 food recovery 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 and written agreements established under 14 CCR Section 18991.3(b) and/or this chapter.

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.

8. If it has not entered into a contract or written agreement with food recovery organizations or food recovery service, a record that describes (a) its direct donation of edible food to end recipients (including employees) and/or (b) its food waste prevention practices that result in it generating no surplus edible food that it can donate.

9. Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the Enforcement Officer that includes the information in subsection (C)(7)(c) of this section. Entities shall provide the requested information within sixty (60) days of the request.

D. Nothing in this chapter shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017; or (2) otherwise applicable food safety and handling laws and regulations.

E. Nothing in this chapter prohibits a commercial edible food generator from donating edible food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a).

(Ord. 22-3 § 1 (Exh. A), 1/25/2022)

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:

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. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.

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 to which the food recovery service transports edible food 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:

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. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.

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 (1) or more commercial edible food generators shall report to the City, or its Enforcement Officer, the total pounds of edible food recovered from the tier one and tier two commercial edible food generators they have established a contract or written agreement with (regardless of whether those generators are located in the City) according to the following schedule:

1. No later than August 15, 2022, submit an initial report covering the period of January 1, 2022, to June 30, 2022; and

2. No later than March 31, 2023, and no later than every March 31st thereafter, submit a report covering the period of January 1st to December 31st of the previous calendar year.

D. In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in the City shall provide, upon request, information and consultation to the City regarding existing, or proposed new or expanded, food recovery capacity in a form that can be provided to or that can be accessed by the County, the City and commercial edible food generators in the City. A food recovery service or food recovery organization contacted by an Enforcement Officer shall respond to such request for information within sixty (60) days, unless a shorter time frame is otherwise specified by the Enforcement Officer.

(Ord. 22-3 § 1 (Exh. A), 1/25/2022)

Event organizers and operators of events defined in Section 42648(b) or (c) in Part 3 of Division 30 of the Public Resources Code, otherwise known as AB 2176, shall assist the City in complying with Sections 42628 through 42911 of the Public Resources Code by completing a waste reduction plan and submitting documentation of diversion at the venues or events to the City. Event organizers and operators shall assist the City in complying with the requirements of the Los Angeles County Municipal Stormwater permit. See Order No. 01-182, NPDES No. CAS0041, Part 4.F.5(c)(2), as it may be amended. Large venues and events, as defined, shall also comply with edible food recovery requirements in this chapter, if applicable. Large venues and events shall also comply with AB 827, AB 1826 and AB 2176 requirements.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.230)