Torrance Municipal Code Art. 6 Commercial and Multi-Family Solid Waste Collection and Reporting

The owner or occupant of each commercial and multi-family property is required to make arrangements for the regular removal of all solid waste, including organic waste and recycling, generated on such premises. No owner or occupant of commercial or multi-family premises shall employ another, other than the holder of a license issued pursuant to section 33.15.030, to collect solid waste, organic waste, or recyclables generated on the premises.

The owner, manager, or association in charge of each multi-family property is required to make arrangements for the pickup of large items that are discarded on the premises on an as-needed basis. If a large item pickup service is required in excess of that included in the basic service level described in section 43.7.010, the owner, manager, or association in charge of the premises shall be responsible for the associated service charges imposed by the authorized hauler.

The City maintains exclusive authority to manage and regulate solid waste, including but not limited to regulations regarding the storage, collection, transportation, processing, and disposal of solid waste. Such authority includes the right to determine the methods by which such regulation occurs, for example, through contract, permit, license, or another method, as outlined in 33.15.030 of this code. No person, firm, or corporation is authorized to collect such solid waste, organics, or recyclables without authorization or permission from the City. Bins or containers of unlicensed haulers (other than self-haulers) shall be immediately confiscated by the Public Works Department. Public Works staff are authorized to go onto private property to confiscate the bins or containers of unlicensed haulers. The confiscated bins or containers shall immediately become the property of the City.

Pursuant to the authority contained in the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 – 49620) each person, firm, or corporation that collects, transports, or disposes of solid waste, including C&D debris, from the City of Torrance must render quarterly reports of such collection, transportation, disposal and related information to the Public Works Director or their designee, and shall pay a fee calculated to recover the reasonable costs of administering the California Integrated Waste Management Act. The quarterly reports shall include, but not be limited to, the following:

a) Tonnage and Gross Revenue Reports

1. The hauler shall report the number of tons of solid waste and recyclable material collected from the City in the calendar quarter immediately preceding the reporting date.

2. The amount of gross revenues derived from such solid waste or recycling collection, transportation, or disposal and any and all other information requested by the City to comply with requirements of related to the California Integrated Waste Management Act.

b) Contamination Minimization Records

1. The hauler shall provide a description of the process of determining the level of container contamination.

2. A copy of documentation of route reviews and/or waste evaluations conducted.

3. Copies of all notices issued to generators with prohibited container contaminants, and a list of those generators that have been noticed.

4. Documentation of the number of containers where the contents were disposed of due to observation of prohibited container contaminants.

5. A sum of any subsequent site visits with customers, including who received the site visit, the date of the site visit, the reason for the site visit, and the outcome of the site visit.

c) Education and Outreach Records

1. The hauler shall provide copies of all education and outreach materials, messages, and postings.

2. The date to whom the information was disseminated, or direct contact made.

3. For distribution solely through electronic media, a copy with dates posted of social media posts, emails, or other electronic messages.

4. If using a designee, the hauler shall provide a copy of the materials distributed by the designee.

d) Edible Food Recovery

1. A list of all Tier 1 and Tier 2 food generators serviced by the hauler.

2. A list of Tier 1 and Tier 2 food generators that have a contract or written agreement with food recovery organizations or services.

Not later than 1 month following the end of each calendar quarter, except as provided in Section 43.6.060, each person, firm, or corporation collecting, transporting, or disposing of solid waste within the City shall pay to the City of Torrance a fee based on the gross revenues received from the collection, transportation or disposal of solid waste collected within the City. The fee shall be set by resolution of the City Council from time to time. The fee shall be sufficient to recoup the costs of implementing and administering the California Integrated Waste Management Act of 1989.

a) The fees are due 30 days after the quarter’s end. If payment is not received by the due date, a penalty of 10% and interest of 0.5% will be applied. An additional penalty of 0.5% interest will be applied each month thereafter until the payment is received.

b) Each hauler shall pay a penalty as follows for failure to meet the stated diversion percentage:

1. If 40% or greater but less than the applicable required diversion percentage, a penalty of $10.00 per ton of the recycling shortfall tonnage.

2. If 30% or greater but less than 40% of the required diversion percentage, a penalty of $20.00 per ton of the recycling shortfall tonnage.

3. If 20% or greater but less than 30% of the required diversion percentage, a penalty of $30.00 per ton of the recycling shortfall tonnage.

4. If less than 20% of the required diversion percentage, a penalty of $40.00 per ton of the recycling shortfall tonnage.

c) The penalties under this section shall accrue per diem for the required reporting period and shall not exceed $1,000.00 per day or $90,000 in the aggregate.

The following classes of persons, firms, or corporations that collect, transport, or dispose of solid waste from the City shall be exempted from the requirement to file quarterly reports, or to pay the California Integrated Waste Management Act fee:

a) Landscapers: Any person, firm, or corporation that performs landscaping functions, and therefore collects, transports, or disposes of solid waste as an incident to the landscaping. Landscapers include such job descriptions as tree trimmers, yard cleanup, and residential or commercial gardeners.

b) Junk Dealers: Any person, firm, or corporation that goes from house to house or business to business buying or collecting small quantities of solid waste such as scrap metal, batteries, or salvageable building materials.

c) Miscellaneous Contractors: Any person, firm, or corporation that performs construction, remodeling, or renovation work, and collects, transports, and disposes of solid waste in its own vehicles as an incident to the construction, remodeling, or renovation.

d) City employees in the course of their work, or contractors working under contract with the City.

e) Any other person, firm, or corporation which, upon application, is able to demonstrate to the reasonable satisfaction of the Director of Public Works that such person, firm, or corporation is entitled to an exception from the reporting or payment requirements imposed by the California Integrated Waste Management Act.

If any of the above classes qualify as a self-hauler under Section 43.9.010, they still must comply with the reporting requirements set forth in Article 9 of Chapter 3 of Division 4.

The City Manager, or the City Manager’s designee, may, from time to time, audit the books and records of each person, or corporation collecting, transporting, or disposing of solid waste or recyclable materials within the City to assure compliance with the California Integrated Waste Management Act of 1989, and this Chapter.

The Mandatory Commercial Recycling Act (Public Resources Code Section 42649.2) requires that all multifamily units of 5 or more must have a recycling program as defined therein. This will also apply to all 3 and 4 multifamily units in the City to assure equal access to recycling programs under this requirement. Any waste management or recycling requirement that the City must adhere to shall apply equally to all residents, businesses, and others if not fully included in the language, but included in the intent of the law, policy, or regulation that must be administered.