Sonoma Municipal Code Ch. 7.08 Solid Waste and Source Separated Materials Collection and Disposal

The public necessity, health, safety, and general welfare of the city require that the exclusive right to collect and remove, or cause to be collected and removed, solid waste and source separated materials, as those terms are hereinafter defined in this chapter, within the city shall be vested in the city, and it is unlawful for any person, firm, or corporation, except as otherwise provided in this chapter, to collect or remove solid waste or source separated materials, as those terms are hereinafter defined, within the city. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).

Words used in this chapter are defined as follows:

A. “Hazardous waste” is a solid waste which because of its quantity, concentration or physical, chemical, or infectious characteristics as defined in 14 CCR Section 66261.30 may:

1. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored or disposed of, or otherwise mismanaged; or

2. Cause or contribute to an increase in mortality, or an increase in irreversible or incapacitating illness.

B. “Person” means any person, firm or corporation acting as principal, agent or officer, servant or employee for himself or itself, or for any other person, firm, or corporation.

C. “Organic waste” means the same as SMC 7.10.020(KK).

D. “Solid waste” means the same as SMC 7.10.020(ZZ).

E. “Source separated materials” means the same as SMC 7.10.020(AAA). (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 2000-7 § 1, 2000; Ord. 96-21 § 2, 1996).

A. For the purpose of carrying out the provisions of SMC 7.08.010, the council shall (unless otherwise provided that the work be done by the city), by resolution, provide for entering into an exclusive contract with any suitable or responsible person for an initial term of years not exceeding 10 years or issuing a permit for short periods not exceeding one year for the exclusive right to collect and remove solid waste and source separated materials within the city and such person shall be known and designated as the “city solid waste collector” and is referred to herein as the “collector.” Such exclusive contract may be extended or renegotiated by the city council for additional periods not exceeding 10 years each.

B. Such contract or permit shall provide that the city solid waste collector has the right to collect and receive the collection charges and fees established by resolution of the city council for the collection and removal of solid waste and source separated materials in the city, and not in excess of the rates and charges so established.

C. Such contract shall be awarded on the basis of competitive bidding to the person submitting the best bid, as determined by the city council; provided, that the successful bidder is determined by the city council to be a reliable person. Before awarding the contract to any person, a bond for faithful performance of the contract shall be furnished by him in such amount as may be fixed by the city council. The contract shall provide for payment of a franchise fee by the collector to the city in an amount established by resolution of the city council.

D. In case the city council determines that an exclusive permit only shall be issued for a specific period, such permit shall be awarded to some reliable person chosen by the city council who agrees to the terms of the permit and agrees to pay the amount fixed by the council for issuance of the exclusive permit. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).

It is unlawful for any person to remove or convey, or cause to be removed or conveyed, any solid waste or source separated materials in the city upon or along any public street, alley, or other public place, or otherwise dispose of any solid waste or source separated materials from within the city, other than the city or its duly authorized agent assigned to the work of solid waste or source separated materials removal, or any person with whom the city has entered into a contract, or to whom a permit has been given for the exclusive collection, removal and disposal of solid waste or source separated materials, or any employee, agent or servant of such contractor or permittee during such time as such contract or permit is in force. The above prohibition does not apply to contractors or maintenance personnel who are providing construction, landscaping, maintenance, hazardous materials abatement or demolition work on a property and who dispose of solid waste, hazardous waste or organic waste directly generated by such work in their own containers in compliance with Chapter 7.10 SMC. The above prohibition also does not apply to residents of the city self-hauling organic waste, hazardous waste, or solid waste from their own property; provided, that disposal by such residents shall be in their own containers and in compliance with SMC 7.10.090.

The city solid waste collector shall have no right to delegate, assign or subcontract any of its duties or responsibilities under its contract or permit with the city related to the collection of solid waste and source separated materials. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 2000-7 § 2, 2000; Ord. 96-21 § 2, 1996).

It is unlawful for any person to keep or accumulate or permit to be kept or accumulated any solid waste or source separated materials upon any lot or parcel of land, or upon any public or private street, alley or other right-of-way, or any public place whatsoever, unless the same is in suitable metal or plastic receptacles designed for such purpose. Each such receptacle, except bins, debris boxes, and containers for recyclable materials shall have a capacity of not less than 20 gallons nor more than 90 gallons and shall comply with SMC 7.10.030(B) or 7.10.040(B). Solid waste or source separated materials containers shall be provided at all times with close-fitting lids or covers, and shall be kept closed at all times except when necessarily opened to permit solid waste or source separated materials to be deposited or removed. Receptacles from which solid waste and source separated materials are collected by the city solid waste collector shall be those furnished by the collector except that 20-gallon containers and containers used for organic waste collection shall be furnished by the customer and shall be satisfactory to the collector. The owner or person in control of receptacles shall keep them clean at all times, and free of grease and other adherent materials. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).

Except in the case of persons physically unable to do so, each receptacle or container, except bins and debris boxes, for collection of solid waste and source separated materials including recyclable materials and organic waste by the city solid waste collector must be placed and maintained at the curb or edge of roadway in a location readily accessible for collection by the city solid waste collector prior to the time designated for collection. Such receptacles shall be placed at the curb or edge of roadway no earlier than the day prior to the scheduled collection time and must be removed therefrom prior to 12:00 midnight on the day of collection. At all other times, the containers shall be kept and maintained in a location screened from view from the public right-of-way. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).

The city council shall fix by resolution the frequency at which the collector shall accomplish collection and the maximum rates which the collector may charge for the various services. The regularly scheduled days and times for collection at various locations in the city shall be determined by the collector subject to approval by the city. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).

In addition to the rates for collection of solid waste and source separated materials provided by resolution of the city council, the solid waste collector, when requested by the owner, tenant, or occupant of any residential or business premises to make a special collection of any solid waste or source separated materials in addition to the collection provided by this chapter, shall be entitled to collect and receive a reasonable fee for such service as established by the collector. In case of any dispute between the collector and a customer regarding such additional fees, the determination of the city manager regarding the amount of such fees shall be final. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).

All charges for the collection and removal of solid waste and source separated materials shall be due and payable to the city solid waste collector on the first of the month following such collection and removal except that if the collector provides for billing on other than a monthly basis, payment shall be due and payable on the first of the month following each billing period; however, in no case shall payment become due in less than 15 days after receipt of invoice. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).

All solid waste and source separated materials shall be removed and carried upon the streets, alleys, or other public places of the city in vehicles so that the contents thereof are not offensive. The vehicles shall be so loaded and such precautions shall be taken that none of their contents falls or spills therefrom. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).

The city solid waste collector shall compost, recycle, or dispose of all solid waste and source separated materials at sites satisfactory to the city and, unless otherwise designated in the contract or permit issued to the collector, such satisfactory sites shall be solid waste management facilities owned and/or operated by the county of Sonoma. Any items or materials designated by the county of Sonoma as unacceptable for management or disposal at such sites shall not be placed for collection by customers of the city solid waste collector and the collector shall not pick up and deliver any such items or materials to the solid waste management facility. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 2000-7 § 3, 2000; Ord. 96-21 § 2, 1996).

Bulky items which cannot be readily placed in the containers used for solid waste and source separated materials as provided in SMC 7.08.050, discarded appliances and furniture shall not be placed for regular collection by customers of the city solid waste collector. Customers may request special collections of such items in accordance with SMC 7.08.080. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 2000-7 § 4, 2000).

Hazardous waste shall not be placed in containers for garbage, recycling, or organic waste for collection by customers by the city solid waste collector. Customers may request special collections of hazardous waste from any firm certified or licensed to provide such services. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 2000-7 § 5, 2000).

Recycling and organic waste shall be placed in separate containers approved for that purpose in accordance with Chapter 7.10 SMC. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 2000-7 § 6, 2000).

Any violation of this chapter by the city solid waste collector shall entitle the city to cancel and terminate its contract or permit with the solid waste collector and to relet the contract or issue another permit, and any contract or permit entered into in pursuance of this chapter shall so provide. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).

Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the penalties provided in SMC 1.12.010; provided, however, that such penalty shall not be imposed upon any person for failure to pay to the city solid waste collector the charges fixed by resolution of the city council as provided by this chapter for the removal of solid waste or source separated materials, but the solid waste collector shall be entitled to recover the amount of such charges with interest and costs in a civil action from any person incurring and liable for the same under the provisions of this chapter; and provided further, that if the charges fixed for the collection and removal of solid waste or source separated materials shall not be paid to the city solid waste collector within 10 days after demand for such payment after the same has become due as in this chapter; provided, the city solid waste collector shall thereafter be under no obligation to collect or remove any solid waste or source separated materials from such premises until such charges have been paid in full. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).

No person, other than the owner thereof or persons properly in control thereof, shall tamper or meddle with any solid waste or source separated materials receptacles, or remove the contents thereof from the location where the same has been lawfully placed by the owner or person properly in control. No person shall deposit solid waste or source separated materials in a container owned by any other person without the consent of such owner, and no person shall remove any solid waste or source separated materials from any lot or parcel of land or premises either within or outside the city and deposit the same in solid waste or source separated material containers owned or controlled by the city or any public agency. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).

Every person occupying or having charge or control of any place of business where there is any accumulation of solid waste or source separated materials shall cause the same to be removed therefrom or be managed in a lawful manner as often as reasonably necessary and at least once each calendar week. Every person occupying or having charge or control of other than a place of business where there is any accumulation of solid waste or source separated materials shall cause the same to be removed or disposed of in a lawful manner at least once each calendar week. No person shall cause or allow combustible solid waste or source separated materials to accumulate at any place or on any premises under his charge or control for a period in excess of one calendar week, or permit or allow noncombustible solid waste or source separated materials to accumulate for a period in excess of two calendar weeks; provided, however, no rubbish shall be allowed to accumulate in violation of the Uniform Fire Code. If at any time solid waste or source separated materials accumulate on a property until it becomes a nuisance, the city may seek legal remedies for abating the nuisance at the expense of the owner or person in control of the property. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).

It is unlawful to burn, or cause to be burned, any solid waste or source separated materials within the city limits. It is unlawful to bury solid waste or source separated materials any place within the limits of the city, except organic waste for garden compost purposes; provided, that the composting of organic waste will not attract or aid in the breeding of flies, insects, rodents or other animals, or be the source of odor, annoyance to neighboring properties, or otherwise be injurious to public health or a fire hazard. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).

The primary responsibility for enforcement of this chapter shall reside with the city manager. (Ord. 12-2021 § 2 (Exh. B), 2021; Ord. 96-21 § 2, 1996).