Upland Municipal Code Art. I General Provisions

This chapter is known and may be cited as the solid waste, recyclables, and collection services ordinance of the city.

(Prior code § 5200.1; Ord. 1956 § 1, 2021)

It is the intent of the city council in adopting the ordinance codified in this chapter to set forth terms and conditions pursuant to which authorization may be granted by the city council to provide solid waste, recyclables, and organic waste collection services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and processing of solid waste, recyclables, and organic waste, and the disposal of solid waste.

(Prior code § 5200.2; Ord. 1956 § 1, 2021)

For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:

"Authorized collector"

means a solid waste enterprise operating under the provisions of a collection agreement approved by the city council.

"Bin"

means a detachable container used in connection with commercial/industrial premises with a capacity equal to or less than six cubic yards that is serviced using a front end loading vehicle.

"Blue container"

has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container waste.

"Box"

sometimes known as a "rolloff," "drop" box or "debris" box, means a wheeled or sledded container or compactor, generally 10 to 40 cubic yards in size that is picked up in its entirety by a dedicated truck.

"Bulky waste"

means oversized or overweight household articles placed curbside by a residential householder, which oversized or overweight household articles have weights, volumes or dimensions which cannot be accommodated by solid waste, recyclables, or organic waste containers for residential premises, such as stoves, refrigerators (Freon free), water heaters, washing machines, furniture, sofas, mattresses, box springs, large rugs and green waste that does not fit into a standard residential green waste container, including stumps or branches exceeding three inches in diameter or three feet in length.

"California Code of Regulations" or "CCR"

means the State of California Code of Regulations.

"CALRecycle"

means California's Department of Resources Recycling and Recovery.

"Cart"

means an industry-standard receptacle for solid waste, recyclables, or organic waste, made of metal, hard rubber or plastic, in a range of sizes of approximately 35, 65 or 95 gallons, with wheels, a handle for ease of movement and a tight-fitting, attached lid, designed to be dumped mechanically into a collection vehicle.

"City"

means the city of Upland, a California municipal corporation.

"City manager"

means the city manager of the city of Upland or his/her designee.

"Collection"

means the operation of gathering together within the city, and transporting to the point of disposal or processing, any solid waste, recyclables, or organic waste.

"Collection agreement"

means an agreement between the city and a solid waste enterprise, entered into pursuant to Article II of this chapter, for the provision of solid waste, recyclables, and organic waste collection services in the city.

"Collection permit"

means a permit issued by the city pursuant to this chapter, authorizing collection of that solid waste, recyclables, and organic waste not subject to collection by an authorized collector.

"Collector"

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

"Collector fee"

means the fee paid to the city by a collector pursuant to this chapter.

"Commercial/industrial business owner"

means any person holding or occupying, alone or with others, commercial/industrial premises, whether or not such person is the holder of the title or the owner of record of the commercial/industrial premises.

"Commercial/industrial premises" or "commercial business"

means all occupied real property in the city, except property occupied by state or local governmental agencies which, pursuant to state or federal law, are exempt from the requirement to utilize the city's authorized collector and except residential premises as defined herein, and shall include, without limitation, wholesale and retail establishments; restaurants and other food establishments; bars, stores, shops, offices; industrial establishments; manufacturing establishments; service stations; repair, research and development establishments; professional services; sports or recreational facilities; construction and demolition sites; a multifamily residence that is not a residential premise, and any other commercial or industrial business facilities, structures, sites, or establishments in the city.

"Community composting"

means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 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 by the city to determine compliance with this chapter.

"Construction and demolition sites"

means any real property in the city in, on or from which a building or structure is being fabricated, assembled, erected, remodeled, or demolished, and which produces construction and demolition waste which must be removed from the property, and requires the use of a bin or box for that purpose.

"Construction and demolition waste" or "C&D waste"

means any nonputrescible solid waste generated as the result of construction or demolition, including, without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste, hazardous waste, and medical and infectious waste.

"Container"

means any bin, box or cart used for the purpose of holding solid waste, recyclables, or organic waste for collection.

"Container contamination" or "contaminated container"

means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

"Designated source separated organic waste facility"

shall have the same definition as 14 CCR Section 18982(14.5).

"Designee"

means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

"Disposal"

means the complete operation of treating and disposing of solid waste after the collection thereof.

"Edible food"

means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). "Edible food" is not solid waste if it is recovered and not discarded.

"Enforcement action"

means an action of the city to address noncompliance, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Enforcement officer"

means the city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized designee(s) who is/are partially or whole responsible for enforcing this chapter.

"Food recovery"

means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

"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 or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

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

A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

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

"Food recovery service"

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, or as otherwise defined in 14 CCR Section 18982(a)(26).

"Food waste"

means discarded raw, cooked, or processed edible substances, ices, beverages, ingredients used or intended for use or for sale, in whole or in part, for human consumption, and chewing gum. Food waste includes compostable plastics. Food waste is a subset of organics.

"Generator" or "waste generator"

means a person or entity that is responsible for the initial creation of waste.

"Gray container"

has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

"Gray container waste"

means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a)–(b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

"Green container"

has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

"Green waste"

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

"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 a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

"Hazardous waste"

shall have the meaning set forth in California Code of Regulations, Title 14, Section 17225.32 and Health and Safety Code Section 25117, or successor laws and regulations as may be amended from time to time.

"High diversion organic waste processing facility"

means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5), or as otherwise defined in 14 CCR Section 18982(a)(33).

"Holiday"

means:

"Holiday"

also means any other day recognized by resolution of the city council, or designated in the applicable collection agreement.

"Household hazardous waste"

shall have the meaning set forth in California Code of Regulations, Title 14, Section 18502, or successor laws and regulations as may be amended from time to time.

"In the city" or "within the city"

means all of the territory within the corporate boundaries of the city as such boundaries exist on the effective date of the ordinance codified in this chapter or may thereafter exist by virtue of the annexation of territory to or detachment of territory from the boundaries of the city.

"Inspection"

means a site visit where a city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

"Integrated waste collection"

means the collection of source separated green container organic waste in the green container, source separated recyclable materials in the blue container; and gray container waste in the gray container.

"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 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.

"Large venue"

means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue facility 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. 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.

"Local education agency"

means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

"Manure"

means the waste droppings from any animal.

"Medical and infectious waste"

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

"Mixed waste organic collection stream" or "mixed waste"

means organic waste collected in a container that is required by 14 CCR Section 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).

"Mobilehome"

shall have the meaning set forth in California Health and Safety Code Section 18211.

"Mobilehome parks"

means a site at which mobilehome spaces are rented for residential use.

"Multifamily residence"

means any building or structure, including, but not limited to, mobilehome parks, or portion thereof, used for residential purposes having greater than four distinct living units.

"Notice of violation" or "NOV"

means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

"Organics," "organic waste" and "organic material"

mean solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.

"Organic waste generator"

means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

"Paper products"

include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

"Person"

means any individual, association, firm, partnership, corporation, organization, or any other group or combination thereof acting as a unit.

"Printing and writing papers"

include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

"Processing"

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

"Prohibited container contaminants"

means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in the city's green container and/or blue container; and (4) non-solid waste items placed in any container.

"Public agency"

means any governmental agency or department thereof, whether federal, state, or local.

"Recovered organic waste products"

means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

"Recovery"

means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

"Recyclables"

means those materials that are suitable for recycling, such as, but not limited to, newspapers, glass, metal and aluminum cans, plastic bottles, and corrugated cardboard which is separated from other waste or refuse for the purpose of recycling, and as determined by resolution of the city council or as set forth in a collection agreement.

"Recyclables container"

means a container which is provided to residential premises for use in collecting and moving recyclables to curbside for collection by the collector, or a container which is provided to commercial/industrial premises for use by the collector in collecting and moving recyclables.

"Recycling"

means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

"Recycled-content paper"

means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

"Remote monitoring"

means the use of the Internet of Things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

"Residential"

means any residential dwelling or apartment house.

"Residential householder"

means any person or persons holding or occupying residential premises in the city, whether or not the owner of the residential premises.

"Residential owner"

means the owner of any residential premises within the city.

"Resource recovery"

means any use of solid waste collected pursuant to this chapter, except for landfill disposal or transfer for landfill disposal. Resource recovery shall include, but is not limited to, transformation, composting, and multi-material recycling.

"Route review"

means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

"SB 1383"

means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016.

"SB 1383 regulations" or "SB 1383 regulatory"

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.

"Self-hauler"

means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

"Single-family"

means of, from, or pertaining to any residential premises with fewer than five units.

"Solid waste"

means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, C&D wastes; discarded home appliances; dewatered, treated, or chemically fixed sewage sludge which is not a hazardous waste; manure, vegetable or animal solid and semisolid wastes; special wastes; and other discarded solid and semi-solid wastes. Solid wastes does not include hazardous waste or medical and infectious waste.

"Solid waste, recyclables, and organic waste collection services"

means the collection, storage, transfer, or processing of solid waste, recyclables, and organic waste.

"Solid waste container"

means any container permitted to be used for the purpose of holding solid waste for collection.

"Solid waste enterprise"

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

"Source separating" or "source separation"

means the process of removing recyclable materials from solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for recyclable materials.

"Source separated blue container waste"

means source separated wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).

"Source separated green container organic waste"

means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container waste, carpets, non-compostable paper, and textiles.

"Special items"

means any bulky or heavy objects that require bin service and are not bulky waste, including, but not limited to, dirt, sod, brick, manure, waste from any poultry yard or stable, and C&D waste.

"Special wastes"

means and 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; wastewater; explosive substances; radioactive substances; industrial appliances; and abandoned vehicles and parts thereof.

"Standard commercial/industrial solid waste container"

means a state-of-the-art bin used in connection with commercial/industrial premises, designed for mechanical pick-up by collection vehicles and equipped with a lid, or where appropriate for the commercial/industrial premises being served, a state-of-the-art box, and shall include other types of containers suitable for the storage and collection of commercial/industrial solid waste if approved in writing by the city manager.

"Supermarket"

means a full-line, self-service retail store with gross annual sales of $2,000,000.00, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

"Tier one commercial edible food generator"

means a commercial edible food generator that is one of the following:

Supermarket.

Grocery store with a total facility size equal to or greater than 10,000 square feet.

Food service provider.

Food distributor.

Wholesale food vendor.

"Tier two commercial edible food generator"

means a commercial edible food generator that is one of the following:

Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

Hotel with an on-site food facility and 200 or more rooms.

Health facility with an on-site food facility and 100 or more beds.

Large venue.

Large event.

A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

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

"Vacant property"

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

"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, or as otherwise defined in 14 CCR Section 189852(a)(76).

(Prior code § 5200.3; Ord. 1956 § 1, 2021)