Suisun City Municipal Code Art. I General Matters

Except as expressly provided in this section, the definitions contained in Title 14, Division 7, Chapter 3, Article 4 of the California Administrative Code shall govern the interpretation of this chapter. The following words are defined to clarify this chapter:

"Agricultural solid wastes" means wastes resulting from the production and processing of farm or agricultural products, including manures, prunings, and crop residues wherever produced.

"Bulky item" means, but is not limited to, discarded furniture, vehicle parts, appliances, construction materials.

"City manager" means the city manager of the City of Suisun City, and includes their designee.

"Construction and demolition wastes" means solid waste composed of building materials, packaging and rubble resulting from the construction, remodeling, repair or demolition of pavements, houses, commercial, industrial or agricultural buildings, and other structures, which are not incident to active, permitted construction.

"Contract agent" means and includes an agent or employee of the city or any person, firm, corporation or association, or the agents or employees thereof, with whom the city has contracted under the terms set out in this chapter to collect, transport and dispose of solid waste produced within the geographic boundaries of the city.

"Director" means the City of Suisun City's Director of Public Works, and shall include their designee.

"Improved property" shall mean real property in the City of Suisun City that has been improved with structures or facilities of any kind. "Improved property" shall not include public property or the public right-of-way.

"Garbage" means and includes all putrescible solid and semi-solid waste, including, without limitation, all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs.

"Hazardous waste" shall have the same meaning as state and federal law, specifically: Chapter 6.5 (Hazardous Waste Control Law) of the California Health and Safety Code, and the regulations in Division 4.5 of Title 22 of the California Code of Regulations; and the federal hazardous waste regulations adopted by U.S. EPA as found in Title 40, Code of Federal Regulations, Parts 260—279, adopted pursuant to Chapter 42, United States Code (Resource Conservation and Recovery Act, also known as RCRA).

California laws are outlined in the statute: California Health and Safety Code, (HSC), Division 20, Chapter 6.5 (Hazardous Waste Control Law). Regulations adopted from the HSC are found in the California Code of Regulations (CCR), Division 4.5, Title 22. California the individual generating the waste must determine if the waste generated meets the criteria of hazardous waste as defined in 22 CCR Section 66261.3.

"Person" means an individual, group, or entity of any kind, whether for profit or nonprofit.

"Public place" means any property owned or controlled by a public agency, including, but not limited to, streets, alleys, gutters, highways, parks, sidewalks and parkways, marinas, parking lots or structures, and improved or unimproved real property.

"Recyclable materials" means any materials as so defined in Subsection 8.10.010(J) of this Code.

"Recycling" means the process defined in Subsection 8.10.010(K) of this Code.

"Refuse" means both garbage and rubbish.

"Refuse receptacle" means any bin or container for the collection of solid waste and recyclables.

"Rubbish" means and includes all nonputrescible solid and semi-solid wastes, including, without limitation, ashes, paper, cardboard, tin cans, other packaging, yard wastes, wood, glass, bedding, crockery, plastics, rubber by-products and litter.

"Solid waste" or "solid wastes" means and includes all putrescible and nonputrescible solid and semi-solid wastes, including, without limitation, garbage, trash, refuse, paper, offal, rubbish, ashes, industrial wastes, construction and demolition waste, recyclable materials discarded by their owners, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, and also includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer processing stations or disposal sites, but excludes sewage collected and treated in a municipal or regional sewerage system.

"Vehicle" means any transportation device that requires the driver to have a valid driver's license for the appropriate class of vehicle being driven, and which transportation device is equipped with a motor. "Vehicle" shall include boats, irrespective of whether the type of boat requires a driver's license.

"Yard waste" means and includes solid wastes generated from the maintenance of yards, lawns and gardens, such as grass clippings, leaves, and tree and brush trimmings and prunings.

(Ord. No. 804, § 2, 10-3-2023)

The director shall supervise all matters in connection with solid waste collection, transportation, and disposal that concern the public health. All officers with the authority to enforce the codes of the city shall enforce the provisions of this chapter according to state and local law, including, but not limited to, peace officers, code enforcement officers, and the city manager.

(Ord. No. 804, § 2, 10-3-2023)

The provisions of this chapter shall apply, jointly and severally to any person who owns or controls real property, as well as persons, including their agents, who illegally dispose of solid waste, and to persons who own, control, or operate vehicles that are used to illegally dispose of solid waste.

(Ord. No. 804, § 2, 10-3-2023)

The city may determine ownership of illegally dumped waste in any lawful manner available to it, including, but not limited to, mail, receipts, photographs, and security camera footage. Upon a prima facie showing that a person's items, solid waste, or personal property have been found in any location where it is unlawful to dispose of such, under circumstances which would lead a reasonable trier of fact to conclude that the items were discarded at that location, shall constitute a presumption that the owner of the waste violated the provisions of this chapter.

(Ord. No. 804, § 2, 10-3-2023)

Nothing contained in this chapter shall be construed to prevent or prohibit any resident in the city from collecting, transporting and disposing of any solid waste created by him or his household, on premises personally occupied by him, provided the same is personally collected, transported and disposed of by him or her in accordance with the rules and regulations prescribed in this chapter and other applicable law.

(Ord. No. 804, § 2, 10-3-2023)