Tustin Municipal Code Part 1 General Provisions

a. The purpose of this Chapter is to regulate the handling of Municipal Solid Waste and Divertable Materials in order to protect the public health, safety and welfare and to meet the City's obligations under the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40,000 et seq.) (Hereinafter "AB 939"). Public Resources Code Sections 40,000 et seq. also includes the Mandatory Commercial Recycling requirements promulgated in AB 341 (hereinafter "AB 341"), the Mandatory Commercial Organics Recycling requirements promulgated in AB 1826 (hereinafter AB 1826), the Mandatory Organics Collection requirements promulgated in SB 1383 (hereinafter SB 1383) and Customer Access to Recycling requirements promulgated in AB 827 (hereinafter AB 827).

b. Pursuant to the California Constitution, the City is authorized to enact ordinances to protect the public health, safety, and welfare. Pursuant to Public Resources Code Section 40059, aspects of the handling of Municipal Solid Waste and Divertable Materials of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, and whether such services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and conditions of such franchise, contract, license or permit.

c. If any section, sentence, clause, or phrase of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The City Council of the City of Tustin declares that it would have passed this Chapter and each section, subsection, clause, and phrase thereof irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom.

(Ord. No. 1519, Sec. 2, 12-7-21)

For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows:

"AB 341" means Assembly Bill 341 codified in Public Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery, or its successor.

"AB 827" means Assembly Bill 827 codified in Public Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery, or its successor.

"AB 939" or "Act" means the California Integrated Waste Management Act of 1989, codified in Public Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery, or its successor.

"AB 1826" means Assembly Bill 1826 codified in Public Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery, or its successor.

"Alternative Daily Cover" or "ADC" means cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter and scavenging. Any material taken to the landfill and disposed of as ADC is not considered diversion.

"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, remodeling or demolition project within the City.

"Backhaul" means loading and transporting materials using a truck and trailer that would otherwise have made a one-way trip to transport a load but would then have had an empty trailer returning back to the origination point. As an example, a truck and trailer carrying perishable fruits and vegetables plus dry goods hauls these items to a supermarket from a food distributor and then backhauls food scraps from the supermarket to the distribution center where they are consolidated with food scraps from other supermarkets owned by the same company, and then transported to a compost facility for processing. A backhaul may be accomplished using a vehicle owned and/or operated by the food distributor and/or the supermarket or using a vehicle owned and/or operated by an independent contractor or subcontractor of the food distributor or supermarket. A person or entity that backhauls material is a self-hauler as defined in this Chapter.

"C&D" means construction and demolition.

"CalRecycle" means the California Department of Resources Recycling and Recovery.

"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

"City" means the City of Tustin.

"Commercial business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling. A multifamily residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of this Chapter.

"Commercial edible food generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this Chapter. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.

"Community composting site" means an area where yard trimmings, wood, food soiled paper, and/or food scraps are composted alone, or in combination, and the total amount of feedstock and compost on site at any one (1) time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)4; or, as otherwise defined by 14 CCR Section 18982(a)(8).

"Compliance review" means a review of records to determine compliance with this Chapter.

"Compost" means the product resulting from the controlled biological decomposition of food scraps, yard trimmings, wood and/or food soiled paper that are segregated from the municipal solid waste by a resident or a commercial business, or which are separated at a centralized facility.

"Compostable plastics" or "compostable plastic" means plastic materials that meet the ASTM D6400 standard for compostability.

"Construction and demolition debris" or "C&D Debris" means building materials such as wood, sheetrock, metals, concrete, asphalt, dirt, yard trimmings from grubbing, packaging and rubble resulting from construction, remodeling, repair or demolition operations on pavements, houses, commercial and industrial buildings, and other structures and improvements.

"Construction, remodeling or demolition project" means the erection or demolition of, or the making of changes to, any building, structure or landscaping which generates C&D Debris.

"Container" means any object designed and used to hold municipal solid waste, recyclable materials, food scraps, yard trimmings, food soiled paper, wood or construction and demolition debris to be collected by the contracted hauler. Containers include carts, bins, open-top roll-off boxes, and compactors and are available to all premises in the City.

"Container contamination", "contaminated container", or "contamination" means a container, in which prohibited container contaminants are present.

"Contracted hauler" means a private entity the City has contracted with for the collection, transportation, and disposal of municipal solid waste and/or for the collection, transportation, processing and sale or reuse of divertable materials generated within the City of Tustin. Said contract is referred to herein as the "collection contract".

"Contractor" means any Person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the City of Tustin.

"Covered project" means all construction, remodeling and demolition projects subject to the requirements of the California Green Building Standards Code. Covered projects are required to meet the minimum diversion requirements of the California Green Building Standards Code for all C&D debris generated by the project.

"Designee" means an entity that City contracts with or otherwise arranges to carry out any of the City's responsibilities of this Chapter. A designee may be a government entity, City's Contracted Hauler, a private entity, or a combination of those entities.

"Diversion requirement" means the percentage of C&D debris generated by a covered project that must be diverted from landfills.

"Director of Public Works" means the Director of Public Works or his/her designee.

"Divert" or "to divert" means any combination of recycling, sorting, composting, and/or other processing activities conducted in order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution or to otherwise return the material to the economic marketplace and to prevent the materials from being disposed in a landfill.

"Divertable materials" means recyclable materials, food scraps, yard trimmings, wood, construction and demolition debris, food soiled paper, electronic waste, universal waste, and all other materials that can be diverted from landfill disposal. Divertable materials includes, but is not limited to, all materials required to be diverted from disposal by City, CalRecycle or any state or federal agency.

"Edible food" means food intended for human consumption that meets the food safety requirements of the California Retail Food Code.

"Enforcement action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Enforcement official" means the City Manager or his/her authorized designee(s) who is/are partially or wholly responsible for enforcing this Chapter.

"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

"Food facility" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. This includes, but is not limited to, the operations listed in Section 113789 of the California Health and Safety Code. Examples of food facilities include restaurants, cafeterias, fast food restaurants, and supermarkets that have a deli or café that sells prepared food.

"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed.

"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to:

(1) A food bank as defined in Section 113783 of the Health and Safety Code;

(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator.

"Food recovery service" or "food recovery transporter" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery.

"Food scraps" means material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from municipal solid waste. Food scraps include surplus or unsold edible food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetable and fruit culls, and plate scrapings. Food scraps includes, without limitation, food scraps from food facilities as defined in California Health and Safety Code Section 113789, food processing establishments (as defined in California Health and Safety Code Section 111955), grocery stores, farmer's markets, institutional cafeterias (such as those in schools, hospitals and assisted living facilities), restaurants, and residential food scraps. Food scraps does not include food soiled paper.

"Food service provider" means an entity primarily engaged in providing the service(s) of food purchasing, preparation, and/or service of food to institutional, governmental, commercial, or industrial locations of other persons or entities based on contractual arrangements with these types of organizations.

"Food soiled paper" means paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and containers, greasy pizza boxes, paper bags, cardboard and wax-coated cardboard produce boxes. "food soiled paper" does not include polystyrene, diapers, aluminum foil or foil-lined food wrap.

"Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including areas such as the bakery, deli, and meat and seafood departments.

"Hazardous waste" means any substance, waste or mixture of wastes defined as "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Section 9601 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., and all future amendments to either of them, or as defined by CalRecycle, and all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA). Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over hazardous or municipal solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.

"Handling services for municipal solid waste and divertable materials" means the collection, transportation, storage, transfer, processing and/or disposal (whether from the curbside, bins, carts, roll-off boxes or any other type of container or location) of municipal solid waste and/or divertable materials for residential, commercial, institutional, industrial or any other users or customers.

"Inspection" means a site visit to a residence, commercial business, government agency, or other generator of food scraps, recyclable materials, yard trimmings, wood, construction and demolition debris, and/or municipal solid waste in city, during which the city reviews records, containers for materials, and the entity's collection, handling, diversion, recycling, and/or landfill disposal of recyclable materials, food scraps, food soiled paper, yard trimmings, wood, and/or construction and demolition debris, and the entity's handling of edible food to determine if the entity is complying with requirements of this Chapter.

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter.

"Large venue" means a permanent venue facility that annually seats or admits an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a large venue includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Chapter.

"Municipal solid waste" means the portion of non-hazardous discarded materials generated at a premises in the City that is left over after the owner or occupant(s) of the premises have fully participated in all the diversion programs required by this chapter by separating and placing recyclable materials, food scraps, yard trimmings, wood, food soiled paper, and construction and demolition debris in containers designated for the collection and diversion of each of these types of materials, and by diverting edible food as required by this Chapter. Municipal solid waste does not include other materials diverted by owners or occupants of a premises via other diversion programs offered by city or other entities including, but not limited to, electronic waste, bulky items such as used furniture, appliances, and mattresses. Municipal solid waste may include, but is not limited to, materials such as pet or animal waste, garden hoses, soiled diapers, packaging made from two (2) different types of materials (e.g. plastic and chipboard), kitty litter, porcelain, and non-recyclable glass. Municipal Solid Waste does not include:

(a) Hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the Health and Safety Code;

(b) Medical waste which is regulated pursuant to the Medical Waste Management Act (Chapter 6.1 (commencing with Section 25015) of Division 20 of the Health and Safety Code); or

(c) Auto parts or abandoned vehicles.

"Municipal solid waste and divertable materials collection contract" or "collection contract" means a contract entered into by the City and a contracted hauler for the purpose of collection, transportation, and disposal of municipal solid waste and for collection, processing and diversion of recyclable materials, food scraps, yard trimmings, food soiled paper, wood, and/or C&D debris generated within the City of Tustin.

"Person" means any enterprise, individual, partnership, joint venture, firm, corporation, nonprofit corporation, association, organization, unincorporated private or public organization, or any other combination or entity.

"Premises" means any building, dwelling, or site in any zone within the City from which any activity is conducted, including, without limitation, residential, service, nonprofit, governmental, institutional, educational, industrial, commercial or agricultural uses.

"Prohibited container contaminants" means the following:

(i) Any materials other than recyclable materials placed in the container designated for recyclable material;

(ii) Any materials other than food scraps, food soiled paper, yard trimmings, and wood placed in the container designated for those materials; and

(iii) Any recyclable materials, food scraps, food soiled paper, yard trimmings, wood, or hazardous waste in the container designated for municipal solid waste.

"Project" means any activity that requires an application for a building or demolition permit or any similar permit from the City.

"Recyclable materials" means material which otherwise would become, or be treated as, municipal solid waste but which, by means of a process of collecting, sorting, cleansing, treating and reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the marketplace. Recyclable materials includes single-stream recyclable materials and single material recyclables. Recyclable materials includes, but is not limited to, paper, books, magazines, cardboard, boxes, plastics, metals, glass, and other similar materials authorized by the city for collection by the contracted hauler. Recyclable materials does not include food scraps, yard trimmings or construction and demolition debris.

"Recycle" or "recycling" means the process of collecting, transferring, sorting, cleaning, treating, and reconstituting materials that would otherwise become municipal solid waste, and returning those materials to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.

"Remodel" means any change, addition, or modification to an existing structure.

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption.

"Reuse" means further or repeated use of recyclable materials (such as whole wine bottles or other refillable glass containers), furniture, clothing, textiles, books, magazines, toys, wood, C&D debris and/or other types of materials to divert the materials from landfill disposal.

"Roll-off box" means large open top rectangular metal containers used to store and transport municipal solid waste, recyclable materials, yard trimmings, construction and demolition debris, or other materials. Roll off boxes are collected using a special vehicle equipped with hooks and a winch to pull the box onto the flat bed of the truck for transport. Roll-off boxes typically come in ten (10), twenty (20), thirty (30) and forty (40) cubic yard sizes.

"Route review" means an inspection of containers along a hauler route of a contracted hauler for the purpose of determining container contamination, and/or participation in diversion programs required by this chapter and may include (i) electronic or mechanical inspection methods such as the use of cameras, and (ii) manual inspection methods such as use of rakes or similar tools to move materials within containers, break open plastic bags in containers to view the bag contents, and to ascertain whether any container contamination is present in the container.

"Salvage" means the controlled removal of C&D debris from a permitted building or demolition site for the purpose of recycling, reuse, or diversion, and/or storage for later recycling, reuse or diversion.

"SB 1383" means Senate Bill 1383 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

"SB 1383 Regulations" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Scavenging" means the unauthorized removal of divertable materials from containers owned or provided by the City's contracted hauler. Scavenging is prohibited by this Chapter.

"Self-hauler" or "to self-haul" means a person, who hauls municipal solid waste, C&D debris, food scraps, yard trimmings, wood or recyclable materials generated on their premises to another person. Self-hauler also includes a person who back-hauls the aforementioned materials.

"Single-family" means of, from, or pertaining to any residential premises with fewer than five (5) units.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

"Tier One commercial edible food generator" means a commercial edible food generator that is one (1) of the following:

(1) Supermarket.

(2) Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter.

"Tier Two Commercial Edible Food Generator" means a commercial edible food generator that is one (1) of the following:

(1) Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

(2) Hotel with an on-site food facility and two hundred (200) or more rooms.

(3) Health facility with an on-site food facility and one hundred (100) or more beds.

(4) Large venue.

(5) Large event.

(6) A State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

(7) A local education agency facility with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter.

"Waste Reduction and Recycling Plan" or "WRRP" means a completed form submitted by an applicant for any covered project approved by the City for the purpose of compliance with Part 5 of this Chapter. The first portion of the form is submitted when applying for a permit, and the second portion when the project is completed.

"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.

"Wood" means all non-hazardous wood material that is not painted with lead-based or other paints containing materials identified as hazardous waste, or treated with creosote or other hazardous materials. Wood waste includes, but not limited to, tree branches and other wood trimmings, dimensional lumber and other pieces of wood generated during the manufacture or processing of wood products, wood generated as part of the harvesting or processing of raw woody crops, and the wood debris from construction, remodeling and demolition projects.

"Yard trimmings" means tree and shrub trimmings, grass cuttings, leaves, branches, and similar materials.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. Collection arrangements required: Unauthorized accumulation prohibited and declared a public nuisance.

1. In order to protect the public health, safety, and welfare and to prevent the spread of vectors, the owner, occupant, or other person responsible for any premises in the City shall arrange with a contracted hauler for the collection of municipal solid waste and divertable materials, as set forth in this Chapter.

2. It is unlawful for the person having control or possession of any premises in the City to fail or neglect to provide for the removal of municipal solid waste and divertable materials generated at the Premises. Each day's violation of this section shall be treated and considered as a separate and distinct offense.

3. Any unauthorized accumulation of municipal solid waste or divertable materials on any property or premises is hereby declared a public nuisance and is hereby prohibited.

b. Frequency of collection:

1. Municipal solid waste and divertable materials created, produced or accumulated in or about premises in the City shall be removed from Premises at a minimum of once each week.

2. The following materials may be collected less frequently unless the City deems otherwise:

(a) Temporary municipal solid waste containers on construction or demolition sites containing no food scraps, food wrappers, food soiled paper, or yard trimmings;

(b) Recyclable materials containers containing no food scraps, food soiled paper, food wrappers, or yard trimmings.

3. If conditions warrant, the County Health Officer or the City may require a greater frequency of removal.

c. Collection of divertable materials:

1. Ownership of divertable materials. Upon placement of divertable materials in the designated container provided by the City's contracted hauler, and placement of the container for collection at curbside or in another designated location, said divertable materials shall become the property of the contracted hauler engaged to collect such material.

2. Collection by persons other than a contracted hauler prohibited. It is unlawful for any person, except for the contracted hauler engaged to provide such service, to collect divertable materials from a designated container. The City may, at its option, arrange for collection in the event of health and safety issues or of a dispute between the contracted hauler, the customer and/or the City.

3. Generator's right to divert. Nothing in this Chapter limits the right of any person to sell, donate, or otherwise divert from landfilling any divertable material generated at a premises owned or controlled by such person, except that divertable materials deposited into containers provided by a contracted hauler and placed for collection shall become the property of the contracted hauler as provided in subsection 1. above.

d. Containerization of municipal solid waste and divertable materials.

1. With the exception of self-hauled materials, back-hauled materials and materials composted or reused on-site by a generator, municipal solid waste and divertable materials shall be placed for collection in containers provided by the contracted hauler. Special collection items, such as bulky items, holiday trees, bundled residential yard trimmings, and household hazardous waste placed for curbside collection, must be placed for collection in accordance with the terms of this chapter or the City's Municipal Solid Waste and Divertable Materials Collection Contract.

2. Placement of containers for municipal solid waste and divertable materials for collection. Residential containers shall be placed curbside or in the gutter, not earlier than twenty-four (24) hours before collection is scheduled and removed not later than twenty-four (24) hours after collection.

3. Storage enclosures for municipal solid waste and divertable materials containers.

(a) All municipal solid waste and divertable materials containers, for both residential and commercial customers, must be stored within a building or shielded from view, enclosed by a wall not less than six (6) feet in height. No municipal solid waste or divertable materials container storage area shall be within fifty (50) feet of any residential or open space planning areas unless it is fully enclosed.

(b) All new construction of residences and businesses must include sufficient storage area for municipal solid waste, yard trimming, food scraps, and recyclable materials containers. The City may require that sufficient storage area for municipal solid waste, yard trimming, food scraps, and recyclable materials containers be built when an existing facility is being Remodeled. City will review plans to ensure that adequate space will be provided prior to issuance of a building permit.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. Collection hours. No collection of municipal solid waste, divertable materials, or delivery or removal of containers by a contracted hauler, shall be made from within two hundred (200) feet of any residence in the City between the hours of 6:00 p.m. and 7:00 a.m. any day unless prior written approval has been obtained from the Director of Public Works or their designee.

b. Holiday schedule. Contracted hauler may only postpone collection for the following holidays: January 1st, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Service due on the holiday, and on each day during the remainder of the holiday week, shall be delayed no more than one (1) day.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. Noise. A contracted hauler shall so conduct its operations as to offer the least possible disruption to the existing noise levels of the area within which collections are made, but in no event exceed the City's Noise Ordinance.

b. Trespass. No person authorized to collect or transport municipal solid waste or divertable materials shall enter private property beyond the extent necessary to collect the municipal solid waste and/or divertable materials placed for collection.

c. Scavenging. It is unlawful for any person, other than a contracted hauler, the City, or the owner thereof, to remove municipal solid waste, including divertable materials, from containers provided by the City's Contracted Hauler and placed for collection, including temporary containers.

d. Transfer of municipal solid waste and divertable materials on City streets. Under no circumstances may municipal solid waste or divertable materials be transferred between vehicles or otherwise in the public right-of-way.

e. Prohibited disposal methods.

1. Burning. It shall be unlawful at any time for any person, including the City's Contracted Hauler, to burn any municipal solid waste or divertable materials within the City.

2. Illegal dumping. It shall be unlawful for any person, including the contracted hauler, to cast, place, sweep, deposit, or dump municipal solid waste or divertable materials upon any private or public property in the City, except as provided for in this Code. It is unlawful for any person to place, deposit, or dump hazardous waste, medical waste, or abandoned vehicles, or parts thereof, upon any private or public real property in the City.

3. Unauthorized disposal. No unauthorized person shall cause the placement of municipal solid waste or divertable materials, originating from other premises, within a container designated to serve the premises for which the container has been assigned.

f. Sanitary transportation of municipal solid waste and divertable materials. No person shall convey or transport municipal solid waste or divertable materials upon or along any public street in the City unless such municipal solid waste and/or divertable material is contained and/or covered or otherwise secured to prevent it from leaking, dripping, falling, blowing, or scattering from the vehicle in which it is being conveyed or transported. All vehicles and equipment used in the transport of any form of municipal solid waste and divertable material shall be kept clean. No person shall drain the liquid from any such vehicle upon any road or highway or upon any other land in the City. Persons hauling municipal solid waste or divertable materials on City streets shall completely empty the municipal solid waste or divertable material from their vehicles and/or containers at the disposal site, or re-cover them if they are not completely emptied, in order to prevent the scattering of municipal solid waste, divertable materials, or residue therefrom, on the return trip.

g. Hazardous waste.

1. Disposition. Generators, owners, and/or possessors of hazardous waste shall dispose of all hazardous waste that they generate, own, or possess in accordance with all local, State and Federal laws.

2. Regulation. The County Health Official and the City may promulgate regulations regarding the handling, transportation, and/or disposal of hazardous waste within the City.

3. Collection. It is unlawful for the contracted hauler to perform collection, transportation or handling services for hazardous waste, unless they are properly permitted and meet all local, State and Federal regulations regarding the handling of such materials.

4. Placement in containers for collection. It is unlawful for any person to place hazardous waste in containers provided by the City's Contracted Hauler for municipal solid waste, recyclable materials, food scraps, yard trimmings, C&D debris or any other material for collection by the contracted hauler.

(Ord. No. 1519, Sec. 2, 12-7-21)