Seal Beach Municipal Code Ch. 6.20 Solid Waste and Recyclables

The purpose of this chapter is to set forth terms and conditions pursuant to which city council authorization may be granted for the provision of solid waste and recyclables collection services. This chapter also is intended to promote the public health, safety and welfare by establishing reasonable regulations relating to the accumulation, collection, processing and disposal of solid waste and recyclables.

(Ord. 1515)

For the purpose of this chapter, the following words and phrases have the meaning set forth below. The city and a collector may incorporate into a collection agreement definitions that differ from or augment those set forth in this section.

Bulky Waste:

oversized or overweight household articles that have weights, volumes or dimensions exceeding the capacity of containers for residential premises. "Bulky waste" includes without limitation: stoves; freon free refrigerators; water heaters; washing machines; furniture; sofas; mattresses; box springs; large rugs; and landscaping debris.

Collection:

gathering of solid waste and recyclables within the city and transportation of such matter to the point of disposal or processing.

Collection Agreement:

an agreement between the city and a solid waste enterprise for the provision of solid waste and recyclables collection services in the city.

Collection Permit:

a permit authorizing collection of solid waste and recyclables that are not subject to collection pursuant to a collection agreement.

Collector:

a solid waste enterprise operating under the provisions of a collection agreement or a collection permit.

Collector Fee:

the fee paid to the city by a collector.

Commercial/Industrial Owner:

a person owning or occupying commercial/industrial premises.

Commercial/Industrial Premises:

occupied real property in the city other than residential premises and property occupied by public agencies that are exempt from the requirement of utilizing a collector.

Construction and Demolition Site:

real property in the city on which construction and demolition waste is generated.

Construction and Demolition Waste:

non-putrescible solid waste generated from construction or demolition of a building or structure. "Construction and demolition waste" does not include liquid waste, hazardous waste or medical and infectious waste.

Container:

any bin, box, cart or similar device provided by a collector to residential premises or commercial/industrial premises for the storage and movement of solid waste or recyclables to the point of collection by the collector.

Disposal:

treatment and disposal of solid waste after collection.

Fee:

includes rate, fee and charge.

Green Waste:

solid waste consisting of leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens.

Hazardous Waste:

as set forth in 14 California Code of Regulations Section 17225.32.

Holiday:

New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and Christmas Day. "Holiday" also means any other day designated as a holiday by city council resolution, collection agreement or collection permit.

Household Hazardous Waste:

as set forth in 14 California Code of Regulations Section 18502.

Landscaping Debris:

green waste that does not fit into a standard container for residential premises green waste.

Medical and Infectious Waste:

biomedical waste generated at hospitals, medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and similar establishments.

Mobile Home:

as set forth in Health and Safety Code Section 18200.

Mobile Home Park:

a site at which mobile home spaces are provided for residential use.

Multifamily Residence:

a building or structure, or portion thereof, that is used for residential purposes and contains 5 or more distinct living units. "Multifamily residence" includes mobile home park.

Processing:

the reduction, separation, recovery and conversion of solid waste.

Public Agency:

a governmental agency or department thereof.

Recyclables:

those materials designated by city council resolution, collection agreement or collection permit as suitable for recycling.

Recycling:

collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning such matter to the economic mainstream in the form of raw material for new, reused or reconstituted products. "Recycling" does not include transformation as defined in Public Resources Code Section 40201.

Residential Householder:

any person holding or occupying residential premises in the city.

Residential Premises:

(1) any building or structure, or portion thereof, that is used for residential housing purposes and contains 4 or less distinct living units; and (2) any multifamily residence that, with the prior written approval of the city manager, receives solid waste and recyclables collection services using standard containers for residential premises.

Resource Recovery:

use of solid waste in a manner not involving landfill disposal. "Resource recovery" includes without limitation: transformation; composting; and multi-material recycling.

Solid Waste:

all putrescible and non-putrescible solid, semisolid, and liquid wastes. "Solid waste" includes without limitation: garbage; trash; refuse; paper; rubbish; ashes; industrial wastes; construction and demolition waste; discarded home appliances; dewatered, treated, or chemically fixed sewage sludge that is not a hazardous waste; manure; green waste; vegetable or animal solid and semisolid wastes; special wastes; and other discarded solid and semisolid wastes. "Solid waste" does not include hazardous waste or medical and infectious waste.

Solid Waste and Recyclables Collection Services:

collection, storage and transfer of solid waste and recyclables to the point of disposal or processing.

Solid Waste Enterprise:

an individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste and recyclables collection services.

Source Separated Recyclables:

recyclables separated by a commercial/industrial owner from solid waste generated at the owner's commercial/industrial premises.

Special Items:

any bulky or heavy objects that require bin service and are not bulky waste. "Special items" includes without limitation: dirt; sod; brick; manure; poultry yard or stable waste; and construction and demolition waste.

Special Wastes:

includes flammable waste; waste transported in a bulk tanker; liquid waste; sewage sludge; pollution control process waste; residue and debris from the cleanup of a spill or release of chemical substances or any other special wastes; contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of any other special wastes; dead animals; waste water; explosive substances; radioactive substances; industrial appliances; and abandoned vehicles and parts thereof.

Vacant Property:

real property that is not occupied by any person for a period of 30 days or more.

(Ord. 1515)

A. Except as specifically provided in this chapter, no person shall collect or dispose of solid waste or recyclables in the city unless that person has entered into a collection agreement with the city. Collectors operating in the city on the effective date of this chapter under a collection permit or a collection agreement may continue to operate until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Public Resources Code Section 49520.

B. With or without competitive bidding, the city council may approve collection agreements authorizing solid waste enterprises to provide solid waste and recyclables collection services for residential premises and commercial/industrial premises. In the sole discretion of the city council, the solid waste and recyclables collection services may be authorized on an exclusive or non-exclusive basis, and may relate to any class or type of solid waste within all or any part of the city.

(Ord. 1515)

The city council may approve collection permits authorizing collection of such solid waste and recyclables as are not subject to collection pursuant to a collection agreement.

(Ord. 1515)

Each collector shall pay a collector fee in an amount determined by city council resolution or by collection agreement.

(Ord. 1515)

In the event of any conflict between the provisions of a collection agreement and the provisions of this chapter, the provisions of the collection agreement shall control.

(Ord. 1515)

Collectors shall obtain and maintain at all times during their operations a city business license and applicable permits and licenses required by any public agency having jurisdiction.

(Ord. 1515)

No collection agreement or collection permit shall be transferred, delegated, sublet, subcontracted or assigned to another person without the prior approval of the city council. This restriction includes the transfer of ownership or control in the collector, as well as the transfer to another person of 30% or more of the collector's stock.

(Ord. 1515)

Without a hearing, the city manager may suspend a collection agreement or collection permit for not more than 60 days upon making a finding that continued operation by the collector will constitute an immediate threat to the public health, safety, or general welfare.

(Ord. 1515)

A. After a hearing, the city manager may suspend or revoke a collection agreement or collection permit upon making a finding that the collector has violated the terms of the agreement or permit, or a provision of this chapter, or any other applicable law.

B. The city clerk shall give the collector written notice of the hearing, and the reasons for the proposed suspension or revocation, at least 15 days in advance. Any decision by the city manager to suspend or revoke a collection agreement or collection permit shall be made in writing and shall be supported by findings. The city clerk shall transmit a copy of the city manager's decision to the collector.

(Ord. 1515)

Decisions of the city manager to suspend or revoke a collection agreement or collection permit shall be subject to the administrative review procedure of Chapter 1.20 of this code. The city council shall be the hearing officer for the purposes of such procedure.

(Ord. 1515)

The city council may limit the fees that collectors charge for the collection of solid waste and recyclables in the city. Such limits may be imposed by resolution, as a term of a collection agreement or as a condition of a collection permit approval. No collector shall charge a fee that is greater than the maximum permitted by the city council.

(Ord. 1515)

A. The billing and collection of the fees imposed by collectors for solid waste and recyclables collection services at commercial/industrial premises shall be the sole responsibility of the collector. Every commercial/industrial owner shall pay the collector the applicable fees for solid waste and recyclables collection services.

B. The billing and collection of fees imposed by collectors for solid waste and recyclables collection services at residential premises shall be the responsibility of the city. The city may collect such fees by causing the fees to be placed on the county tax rolls through procedures established by the county tax collector. Collectors shall not directly charge residential householders except as expressly authorized by the city council. Charges for solid waste and collection services billed by the city shall be billed on the same bill and to the same ownership as the water bill for each property whenever possible.

C. Liability for Payment. The occupants of each place or premises shall be liable for payment of applicable fees set forth in this chapter. To the extent allowed by state law, in the event an occupant should fail to pay any such fee prior to delinquency, the owner of the place or premises shall be liable for the payment.

(Ord. 1515)

No person may operate any vehicle for the collection of solid waste or recyclables in the city other than a collector who has a valid business license and has paid applicable city fees.

(Ord. 1515)

Each vehicle utilized for the collection, transportation or disposal of solid waste or recyclables in the city shall comply with the following standards:

A. The vehicle shall be constructed and used so that no solid waste, recyclables, oil, grease or other substance will blow, fall or leak out of the vehicle.

B. A broom and shovel shall be carried on the vehicle at all times.

C. The vehicle shall be under 7 years of age unless specifically authorized in writing by the city manager.

D. The vehicle shall be inspected annually by the California Highway Patrol and certificates for the inspection shall be filed with the city manager.

E. The vehicle shall be kept clean and sanitary, in good repair and well and uniformly painted to the satisfaction of the city manager.

F. The vehicle shall be equipped with a watertight body fitted with a close-fitting metal cover.

G. The sides of the vehicle shall contain in conspicuous letters not less than 5 inches in height: the collector's name; the collector's telephone number; and the vehicle identification number.

H. If the vehicle is 80 inches or wider, then it shall be equipped with high intensity fog lamps consisting of 2 red tail lamps in addition to the standard tail lamps. Such fog lamps shall be utilized when visibility is less than 50 feet.

I. All vehicle equipment shall be maintained at all times in a manner to prevent unnecessary noise during its operation.

J. As existing equipment on the vehicle is replaced, the collector shall obtain the city manager's prior approval of the type and make of the new equipment.

(Ord. 1515)

All persons operating equipment for the collection or transportation of solid waste or recyclables shall do so in a manner that prevents undue interference with normal traffic flows. No such vehicle shall be parked or left unattended on the public streets.

(Ord. 1515)

No provision of this chapter shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of green waste when incidental to providing such gardening, tree trimming or similar services.

(Ord. 1515)

A. Source Separated Recyclables.

1. No provision of this chapter shall prevent a commercial/industrial owner from selling or donating source separated recyclables provided that both of the following conditions are satisfied: (i) the buyer or recipient is not engaged in the business of collecting solid waste or recyclables for a fee; and (ii) no such material is transported for disposition to a landfill or transfer station.

2. No provision of this chapter shall prevent a recycler, junk dealer or similar enterprise from buying source separated recyclables and removing and transporting such materials to a destination for marketing provided that the following conditions are satisfied: (i) such buyer is not engaged in the business of collecting solid waste or recyclables for a fee; (ii) such buyer has obtained prior authorization from the city as required by this code; and (iii) no such material is transported for disposition to a landfill or transfer station.

B. In-House Recycling Programs. No provision of this chapter shall prevent a commercial/industrial owner from utilizing its own recycling or resource recovery program for recyclables generated by the owner's business provided that such program does not involve use of a solid waste enterprise. The recyclables included in any such program are excepted from collection agreements awarded by the city.

C. Renovation, Rebuilding, Repairs. No provision of this chapter shall prevent a commercial/industrial owner from arranging for defective business equipment to be picked up, restored and returned. Nor shall any provision of this chapter prevent any person engaged in the business of restoring such equipment from picking up, transporting or returning such equipment in connection with a repair or service contract.

(Ord. 1515)

No provision of this chapter shall prevent a person contracted to demolish or reconstruct a building, structure or pavement from doing either of the following: (1) marketing items salvaged from the construction and demolition waste; or (2) causing such salvage items to be transported from the construction and demolition site pursuant to the provisions of the contract. This exclusion does not allow use of a non-collector subcontractor to transport such salvage items.

(Ord. 1515)

No provision of this chapter shall prevent any person engaged in the business of disposing of confidential documents from transporting or disposing of such documents by shredding, lumping, incinerating or other means as a part of the document destruction or disposal service.

(Ord. 1515)

A. Occasional Hauling. No provision of this chapter shall prevent commercial/industrial owners or residential householders from collecting and disposing of occasional loads of solid waste generated in or on their premises, or from composting green waste, or from selling or disposing of recyclables generated in or on their premises. Notwithstanding the preceding, no commercial/industrial owner or residential householder shall employ or engage any non-collector solid waste enterprise to haul or transport such materials to a transfer station or landfill.

B. Regular Hauling. Nothing in this chapter shall prevent a commercial/industrial owner or residential householder from, on a regular basis and without utilizing a collector, collecting and disposing of solid waste generated in or on its premises provided that the following conditions are satisfied: (1) a self-haul permit has been obtained from the city; and (2) no such material is transported to a landfill or a transfer station by a non-collector solid waste enterprise. The city council may approve self-haul permits upon making a finding that approval will not be detrimental to the public health, safety or general welfare. The city council may by resolution establish procedures to govern self-hauling.

(Ord. 1515)

Except as set forth in this section, exercise of an exclusion afforded by this chapter does not eliminate the obligation to pay a collector the minimum fee for available solid waste and recyclables collection services that are not utilized. The following categories of persons shall be exempt from the obligation of paying a collector any fee for available solid waste and recyclables collection services that are not utilized:

1. Persons who have a valid self-haul permit.

2. Owners of vacant property.

(Ord. 1515)

A. Subject to the exclusions set forth in this chapter, all solid waste and recyclables collected from residential premises or commercial/industrial premises for a fee shall be collected by a collector.

B. Except as expressly allowed by this chapter, no solid waste enterprise that is not a collector shall contract for or provide, within the city, solid waste and recyclables collection services for a fee.

C. Except as expressly allowed by this chapter, each residential householder and commercial/industrial owner shall utilize the services of a collector for solid waste and recyclables collection services and shall pay for such services the fees set by the collector and authorized by the city council.

(Ord. 1515)

Publicly patronized establishments shall provide, empty and maintain adequate containers for public deposit of solid waste generated by the public as a result of patronization.

(Ord. 1515)

No collector shall transfer solid waste or recyclables from a collection vehicle to another on any public street unless such transfer either is approved by the city manager or is necessary because of mechanical failure or accidental damage to a vehicle.

(Ord. 1515)

No person other than a collector shall remove solid waste or recyclables from a container. This prohibition shall not apply to the owner or occupant of the property served by such container or to city employees engaged in the discharge of official duties.

(Ord. 1515)

A. In residential areas and commercial/industrial areas contiguous to residential premises, no solid waste and recyclables collection services shall be performed between the hours of 6:00 p.m. and 7:00 a.m. Monday through Saturday or at any time on Sunday.

B. In commercial/industrial areas not contiguous to residential premises, no solid waste and recyclables collection services shall be performed between the hours of 6:00 p.m. and 5:00 a.m. Monday through Saturday or at any time on Sunday.

C. The city manager may waive the hours restrictions set forth in this section when necessitated by conditions beyond the control of the collector.

(Ord. 1515)

At such time as solid waste and recyclables are placed for collection at the designated point of collection, ownership of such matter vests in the collector.

(Ord. 1515)

No person shall burn, bury, dump or otherwise dispose of any solid waste or recyclables within the city.

(Ord. 1515)

No collector shall enter on private property beyond the extent necessary to collect the solid waste or recyclables properly placed for collection, or beyond the extent necessary to provide any agreed upon special collection service.

(Ord. 1515)

A. Collectors shall provide the city manager with reports to the extent required by the applicable collection agreement or collection permit. An officer of the collector shall sign each report. Collectors shall maintain, and upon request shall provide the city manager, the following: copies of waste disposal and recycling facility invoices that indicate the net amount of all waste disposed, transferred or recycled during each month that collection services are provided.

B. Collectors annually shall submit to the city manager a report detailing the quantity and nature of all solid waste or recyclables removed from the city. The report shall include the following information: the facilities to which solid waste and recyclables were transported; a compilation of monthly tonnage reports; copies of tipping receipts; and a customer list that identifies the name and address of each customer in the city receiving service from the collector. The report shall be delivered on or before January 31st of each year for the immediately preceding calendar year.

(Ord. 1515)

A. Requirement. On or before commencement of any collection operations, collectors shall submit to the city manager certificates confirming the procurement of liability and workers' compensation insurance in accordance with this section from companies authorized to transact business in the state. Collection operations shall cease during any period that the franchisee fails to maintain such insurance in full force and effect. The insurance policies shall be non-cancellable without 30 days advance written notice to the city manager.

B. Liability Insurance. The policy of liability insurance shall:

1. Be issued by an insurer with a current rating A.M. Best's rating of A:VII or better.

2. Name the city and its officers, agents and employees as additional insureds.

3. Be primary and provide that any insurance maintained by the city shall be excess insurance.

4. Indemnify for all liability for personal and bodily injury, death and damage to property arising from activities conducted in connection with the franchise.

5. Provide coverage for:

a. Negligent acts or omissions of the franchisee and the agents, servants and employees thereof, committed in the conduct of franchise operations.

b. Provide a combined single limit liability insurance of at least $10,000,000.

C. Workers' Compensation Insurance. The policy of workers' compensation insurance shall:

1. Be approved by the California Insurance Commissioner as to substance and form.

2. Cover all franchisee employees who perform work on the franchise operations.

(Ord. 1515)

Each collector shall indemnify, defend, and hold harmless the city and its officers, employees and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies that the city shall incur or suffer as a result of the collector's solid waste and recyclables services. Such obligation shall include payment of interest, penalties and attorney's fees.

(Ord. 1515)

A. All owners, builders and demolition contractors shall maintain their construction and demolition sites in a clean, safe and aesthetic manner and free of any solid waste.

B. Any collector may collect construction and demolition waste. The collector must comply with all provisions of Title 9, Public Property, Public Works and Building Regulations, Chapter 9.65, Recycling and Diversion of Construction and Demolition Waste.

(Ord. 1515; Ord. 1578)

The accumulation of solid waste by any person beyond the period of one week or in any manner other than as specified in this chapter is hereby declared to be a nuisance. The city council shall by separate ordinance provide for the summary abatement of such nuisances.

(Ord. 1515)

No cardboard box or paper or plastic bag may be used as a receptacle for solid waste or recyclables. Except as expressly authorized by this chapter, no person other than a collector may place a container or other receptacle for the collection of solid waste or recyclables within the city. The city shall have the authority to impound: (1) containers owned or leased by, or otherwise under the control of, non-franchised or unauthorized collectors and other persons; and (2) containers that are not properly identified pursuant to Section 6.20.225.B.1. The city may impound such containers anywhere in the city using any means available and may deliver such containers to an impound facility of its choosing. The city shall arrange to have the solid waste present in such containers delivered to a material recovery facility, recycling facility, or other facility of its choosing. In order to retrieve such containers from impound, the owner or an authorized representative of the owner of said containers must first reimburse the city for any and all expenses the city incurs related to this enforcement action, including, but not limited to, disposal fees. The owner or authorized representative of the owner of said containers may then retrieve said containers from the impound facility operator after paying the operator any retrieval fees. In the city's sole discretion, the owner of said containers shall also be subject to any other penalty authorized by this chapter.

(Ord. 1515; Ord. 1578)

No person shall interfere with collection and disposal of solid waste or recyclables by a collector.

(Ord. 1515)

Unless otherwise approved by the city council, collection of solid waste and recyclables from residential premises shall take place no less than once each calendar week in accordance with a schedule approved by the city council.

(Ord. 1515)

Collectors shall provide standard residential solid waste, recyclables, and green waste containers to each residential householder.

(Ord. 1515)

Every residential householder shall place each solid waste, recyclables, and green waste container for collection at the curb in front of its premises, or at the curb at the side of the premises where the premises are adjacent to multiple streets. No person shall place any such container for collection earlier than sunset of the day preceding the day designated for collection, and all containers shall be removed from the place of collection prior to 10:00 p.m. of the day the containers have been emptied. Such containers shall be removed to a storage location not visible from any public right-of-way, excluding alleys. Violation of this section shall constitute an infraction.

(Ord. 1515)

Upon collection, all solid waste, recyclables, and green waste containers shall be replaced in an upright position, at the location where found by the collector.

(Ord. 1515)

Upon request of a residential householder, collectors shall provide special collection of solid waste, bulky waste and special items. Such special collection shall be performed at time agreed upon by the collector and the person requesting the service; provided, however, that if no agreement is reached, then the service shall performed at the time designated by the city manager. Such special collection may include carry-out service, or any other service beyond that required by this chapter, collection agreement or collection permit.

(Ord. 1515)

Any residential householder receiving temporary service for collection of special items shall obtain an encroachment permit from the city prior to placing any container for special items in a public right-of-way.

(Ord. 1515)

Collectors shall collect solid waste from commercial/industrial premises not less than once per week. In no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to public health or safety. The city manager may adjust the frequency of collection and size or number of containers if necessary to maintain public health.

(Ord. 1515)

A. Every commercial/industrial premises served by a collector shall use the standard containers provided by the collector.

B. Every collector that provides any container for the storage of commercial/industrial solid waste shall:

1. Place and maintain on the outside of such container, in legible letters and numerals not less than one inch in height, the collector's business name and telephone number in a color contrasting with the background color of the container; and

2. Provide containers on wheels or skids or with hasps and locks upon request by the commercial/industrial owner.

(Ord. 1515)

A. Solid waste and recyclables containers provided by the collector shall be maintained in a clean, safe and sanitary condition by the collector. Containers that are not provided by the collector shall be maintained in a clean, safe and sanitary condition by the commercial/industrial owner. Every commercial/industrial owner shall provide a solid waste container location on the commercial/industrial premises and shall keep the area in good repair, clean and free of solid waste outside of the container. Every collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the collector's emptying of the container or other activities of the collector.

B. Upon collection of solid waste and recyclables by the collector, all containers shall be replaced, upright, where found, with the lids closed. No person, other than the owner thereof, shall in any manner, break, damage, roughly handle or destroy containers placed on the premises of a commercial/industrial owner. Any container that has defects likely to hamper collection or injure the person collecting the contents thereof, or the public generally, shall be replaced promptly by the commercial/industrial owner or, if provided by a collector, by the collector. Failure to replace any such container within 5 days of written notification from the city shall constitute a violation of this section.

(Ord. 1515)

Collectors and commercial/industrial owners may make arrangements for collection on mutually agreeable terms whenever: (1) particular commercial/industrial premises require collections at times, frequencies or in a manner such that the collector is unable to perform the collection in the normal course of business; (2) unusual quantities of solid waste or special types of material are to be collected and disposed of; (3) special methods of handling are required; or (4) the quantity of solid waste requires the use of more than 3 containers. If a collector and a commercial/industrial owner cannot agree as to the methods for the service provided for in this section, then the city manager shall determine the method of service. If the collector is unable or unwilling to provide such service, then the city manager may authorize the owner to use another solid waste enterprise for such special service until the collector can provide such service in its normal course of business.

(Ord. 1515)

No building permit shall be issued for construction of any commercial/industrial building until the adequacy, location and accessibility of solid waste containers has been approved by the city manager.

(Ord. 1515)