Wasco Municipal Code Ch. 8.12 Solid Waste

Article I. General Provisions

8.12.100 Purpose. 8.12.101 Findings. 8.12.102 Definitions of solid waste. 8.12.103 Other definitions. 8.12.104 Interpretation.

Article II. Generators’ Responsibilities

8.12.200 Ownership of solid waste. 8.12.201 Solid waste accumulation. 8.12.202 Litter cleanup. 8.12.203 Discard in containers. 8.12.204 Solid waste storage. 8.12.205 Container set-out. 8.12.206 Refuse containers in retail stores. 8.12.207 Tobacco waste containers. 8.12.208 Solid waste collection--Mandatory service. 8.12.209 Exemption.

Article III. Self-Haulers and Shared Subscribers

8.12.300 Self-haul. 8.12.301 Subscribers who share service.

Article IV. Solid Waste Haulers

8.12.400 Hauler compensation. 8.12.401 Containers. 8.12.402 Vehicles. 8.12.403 Listing of information required by law.

8.12.404 Qualifications--Proof of financial resources and experience required by law. 8.12.405 Records and reports. 8.12.406 Contracts and franchises.

Article V. Scavenging

8.12.500 Container tampering and use. 8.12.501 Compliance with state anti-scavenging law.

Article VI. Solid Waste Transportation

8.12.600 Travel on city streets. 8.12.601 Transportation requirements. 8.12.602 Collection routes.

Article VII. Solid Waste Disposal

8.12.700 Discharge at facilities in compliance with law. 8.12.701 Illegal dumping. 8.12.702 Dead animals.

Article VIII. Recycling

8.12.800 Franchised recyclers. 8.12.801 Curbside residential recycling. 8.12.802 Commercial recycling. 8.12.803 Multifamily recycling. 8.12.804 C&D recycling. 8.12.805 Recycling at large venues and events. 8.12.806 AB 1826 regulatory compliance.

Article IX. Solid Waste Facilities

8.12.900 Public or private. 8.12.901 Compliance with law. 8.12.902 Inspection. 8.12.903 Posting rates.

Article X. Regulations and Law

8.12.1000 Regulations. 8.12.1001 Applicability of federal, state and local solid waste law.

Article XI. Enforcement

8.12.1100 Administration, implementation and enforcement of chapter. 8.12.1101 Infractions and misdemeanors.

Article XII. Reserved Rights, Waiver and Recourse

8.12.1200 Reservation. 8.12.1201 No waiver. 8.12.1202 Recourse.

Article XIII. Collection Charges and Liens

8.12.1300 Service charges. 8.12.1301 New service deposit.

Article XIV. Nuisance Abatement

8.12.1401 Deemed nuisance when. 8.12.1402 Abatement--Duty of property owner. 8.12.1403 Abatement--Notice--Required. 8.12.1404 Abatement--Notice--Form. 8.12.1405 Abatement--Resolution. 8.12.1406 Report and assessment list--Notice of filing and hearing.

Article XV. Mandatory Organic Waste Disposal Reduction

8.12.1500 Definitions and SB 1383 regulatory requirements. 8.12.1501 Requirements for single-family generators. 8.12.1502 Requirements for commercial organic waste generators and commercial businesses. 8.12.1503 Waivers for generators. 8.12.1504 Requirements for commercial edible food generators. 8.12.1505 Requirements for food recovery organizations and services. 8.12.1506 Requirements for haulers and facility operators. 8.12.1507 Self-hauler requirements. 8.12.1508 Procurement requirements for direct service providers and vendors. 8.12.1509 Compliance with CALGreen recycling requirements. 8.12.1510 Model water efficient landscaping ordinance requirements. 8.12.1511 Inspections and investigations by city. 8.12.1512 Enforcement.

Article I. General Provisions

The purpose of this chapter is to provide for reliable, safe, and adequate management of solid waste generated in the city in a manner that protects human health and the environment. (Ord. 633 (Att. A), 2013).

The city council finds as follows:

A. The city is responsible for protection of public health and the environment. The city is not only authorized but required to provide solid waste handling services to its citizens under the provisions of the California Integrated Waste Management Act (sometimes referred to as "AB 939") found in Public Resources Code Section 40000 et seq., including:

1. source reduction,

2. recycling and composting, and

3. collection, transfer and disposal

of solid waste within the city boundaries subject to its solid waste handling jurisdiction, under Public Resources Code Section 40057.

B. The city is also responsible for waste diversion and commercial recycling programs. Under the California Integrated Waste Management Act, the city must promote recycling and maximize the use of feasible source reduction, recycling, and composting options in order to reduce the amount of solid waste that must be disposed of by land disposal. In particular, it must:

1. Under AB 939, reduce at least fifty percent of that solid waste from disposal (of which fifty percent, ten
percent may be disposed by incineration), or face possible fines of up to ten thousand dollars per day;

2. Under Chapter 476, Statutes of 2011 [Chesbro, AB 341]/Public Resources Code Section 42649.3, make
good faith efforts to implement a mandatory commercial recycling program to the satisfaction of CalRecycle,
including all of the following:

a. Education;

b. Outreach;

c. Monitoring; and

d. Reporting to CalRecycle.

In addition, under AB 341 the state has set a goal to divert seventy-five percent of solid waste from disposal.

C. The city is potentially liable for solid waste generated in the city. Municipalities like the city have also generally been held liable under federal Superfund laws for costs of cleaning up hazardous waste sites that accepted municipal solid waste generated within the municipalities’ jurisdictions. Therefore, the city is prudent to provide for terms and conditions of its solid waste discard, recycling, and disposal in accordance with this chapter, and the rules and regulations promulgated under this chapter. (Ord. 633 (Att. A), 2013).

In this chapter, the following words and phrases have these corresponding meanings. (Reference to statutes or regulations is for information only. The text of this chapter governs their meaning.)

A. Solid Waste.

and or CCR waste paper, cans, (14 by- vehicles: mobile kitchen waste, results wood, crockery, all or cooking litter foodstuffs ashes, tires, food vegetable storage, of or buses the clippings, bedding, rubber trailers, table or attends garbage: rubbish: abandoned EXAMPLES • and animal that from preparation, handling • cardboard, yard glass, plastics, products 17225.59) • trucks, homes,

or
liquid garbage public CCR time, or (14 and and animal on for of CCR vehicles: without CCR
or wastes or left (17225.53) nonputrescible waste as: (14 (14 condition including period inoperable such with property in semi-solid power garbage refuse: rubbish manure vegetable rubbish: waste trash industrial construction abandoned appliances Solid, waste, • 17225.30) • and • • waste • solid 17225.59) • • • demolition • vehicles motor private extended usually hazardous 17225.1) •

of cause odors,
to by of
as with capable offensive CCR
are because (14 rapidity other including: that decomposed or 40191), wastes being microorganisms sufficient nuisances gases conditions 172255.52)
Section
Code
Resources 17225.59)
CCR (Public putrescible nonputrescible (rubbish 14

solid waste grit from that waste fixed; 50 includes CCR CCR than waste (14 sewage and than removed (14 dewatered, waste: as is (other less chemically wastes: solids such that or water spadeable residue paper semisolid screenings) liquid not • (1) containing percent 20164), sludge treated nonhazardous; any or waste (2) is 17225.41)

B. Types of Solid Waste.

as: (14 such parts, director crop wastes roll-off a auto director, and works in tile, large oversize brick, pruning works public discarded other the public furniture, by businesses and the manures, concrete, covering, by ash other commonly 17225.3) floor stumps is appliances, determined asphalt, and wastes: CCR and wood, that wallboard, material, identified and fireplace (14 offices, cured waste: branches, waste fully lumber gypsum roofing glass, metal,

metal,

metal, carpeting agricultural residues barbecue, bulky trees, 17225.8)CCR stores, Solid container, • • • • • • •

by and size and pavements, by remodeling, other products on large disposal handling and or 17225.11) packaging, 17225.3) production whose their 17225.12) CCR CCR generated CCR the agricultural construction, operations excluding: buildings (14 (14 or waste (14 materials, walls) processing 17225.8) from wastes from as
farm solid complicates CCR refuse and waste sources, of of solid demolition (such building produced or (14 of commercial 17225.15) resulting 8.12.203(C) collection, resulting and items burnable waste CCR types residences, industrial wastes processing wherever Section large precludes normal methods any all commercial • • the rubble repair houses, structures (14

and solid refuse solid wastes/ waste
agricultural wastes airborne wastebulky combustible commercial wastes construction demolition C&D as:
such and packages glass, materials; store conditioning and

air fixtures, product director, synthetic and aluminum, other other works coupons and 8.12.202 and and and steel, of public ventilating natural Section inserts, in the furniture by components, beverage, other heating, (including constructed and their food, examples fixtures, pipes, identified and plastic, further plastic lighting containers newspaper • systems • packaging convenience or paper, and Materials • advertisements)

state and (14 health thrown the and other primary 17225.42) of been: in wastes are or the temperatures 17225.35) 17225.44) materials, disposal logging, CCR of have that material, waters CCR CCR (14 educational, waste" processes facilities waste (14 waste (14 mining, require semi-solid which waste and from 17225.37) incinerator F) solid and materials section industrial research from the discarded (14

from the discarded (14 this materials carcasses CCR lands operations degrees refuse ordinary discarded manufacturing agriculture, wastes of on originating from at following: or A of waste--putrescible solid the facilities properly to of result wastes correctional, of segregated whose 17225.18) "solid 2,000 improperly deposited Residential: • animals CCR See subsection types which manufacturing solid care, similar all or except processing sawmilling, miscellaneous unburnable (1,300 Both 1.

wastes solid
animals dead garbage industrial institutional wastes litter noncombustible refuse recyclable materials pad paper, cleaned bags, #7) food green legal foil,
and paperboard, lined grocery through computer paper, envelopes, clear paper, similarly containers, paper, (#1 brown, containers kraft paper, and bottles metal) bags) office brown bags, beverage juice cardboard cereal plastic scrap plastic kraft books, (including
in jars) aseptic (including small construction boxes, metal (including cans phone and and corrugated magazines) tin (placed paper catalogs, scrap waste containers or soy paper, shoe and narrow-necked containers, bottles mail, cartons, mixed all aluminum glass steel milk, textiles flattened small green • junk egg colored backings, boxes, • • food • glass • • • • • •

and
and
in 41950(a)) been: location commercial subsection location collection septic complex in materials, industrial a from (PRC have or by waste" collection of city waste collection waste" collection curbside which the recycler multifamily removed other a by commercial or section purposes recycling from any recycling residential materials this a the the 17225.64) permitted of entity, and at for at A wastewater authorized its waste/putrescible waste/nonputrescible CCR under section: between and and (14 placed segregated placed "solid this "solid • Commercial: • • industrial of designated recycling programs 2. agreed entity or See A garbage,• rubbish• See subsection sludge tanks

tank
refuse rubbish septic pumpings

CCR dry,

a (14 in and mechanical or 17225.65) basins screenings, sidewalks, whether or CCR or catch manual receptacles, grit (14 by water, from up streets litter form waste excluding liquid picked alleys, public removed from or residue, of from materials litter material any removed semidry, 1. sweeping 2. 3. 17225.71)

sludge refuse sewage street

C. Wastes That Are Not Solid Waste.

to adopted LCD phonographs, computerand pursuant display, regulations Control the players/recorders LCD in disc television with 25214.10.1(b) listed Substances players/recorders, Section compact (including Toxic computer devices tape of Code machines device laptop Safety and electronic (CRT) equipment, Department and monitor, calculators answering players/recorders, tube covered stereo ray television, Health LAW: desktop other California Regulated: computers, telephones, radios, STATE cathode LCD plasma any the • • • videocassette CEDs: 1. monitor), 2. television, 3. 4. by California 2. •

STATE cathode LCD plasma any the • • • videocassette CEDs: 1. monitor), 2. television, 3. 4. by California 2. •

in the by or
or or or or or
of 42463) treated, regulated which cause increase California is "covered threat waste, health serious in (a an batteries chemical may and in that to disposed toxic by Section material concentration, CEDs
a human improperly or waste defined Code substantial to physical, increase a when any powered quality, or contribute an waste, mismanaged, is including device" its characteristics or pose hazard of transported that Resources or hazardous

hazardous

hazardous Characteristics: Regulated: a waste electricity, electronic Public 1. reason composition infectious significantly mortality illness potential environment stored, otherwise 2. as
electronic waste hazardous waste

Act), U.S.C. Public H&SC), local or 15 seq. and Waste Section 25115, (CA and et laws Control Act, seq., Environmental with 2522 Solid California Code hazardous state et storage 25300 the and the 25110.02, Waste Control 9601 substitute Conservation H&SC of Safety acutely 2521 federal, or treatment, and CA U.S.C. (including (commencing and 40141 Comprehensive 42 waste waste, Sections Hazardous Substance Act, 7.6 Resource related seq., Sections the Act, Health under additional utensils H&SC, the et and Toxic Section CA Account in Chapter the transportation, hazardous hazardous waste California under Liability future the under 6901 1980), California as or of (the of Regulations any under and defined under of the

any under and defined under of the

any under and defined under of the instruments, Section seq. regulated of Substances H&SC under defined hazardous et regulated Code waste" 20 CA U.S.C. identification, substances seq. Toxic regulated regulated
42 the 25100 Amendments et materials equipment, Code, theof Compensation to toxic SUBSTANCES: Division regulated materials Act, Act regulations of California substances extremely 2601 of or "Hazardous materials all Section 23 and materials California 25117 RCRA: TOXIC CERCLA: fomites: º º º º º º º Resources 25800) waste, and • Recovery Disposal laws • Section • Response, materials pertaining disposal 1.

CERCLA: fomites: º º º º º º º Resources 25800) waste, and • Recovery Disposal laws • Section • Response, materials pertaining disposal 1.

of
or mixture, or rooms or (fomites) have
the to must, harbor a having from and may as substance organisms
law that suspected nature disease
are under chemical diagnosed pathogenic who substance been disposable asbestos any a hazardous or 1. transmit of patients have communicable

disposable asbestos any a hazardous or 1. transmit of patients have communicable

infectious waste players/
animals elements, stereo cassette blood recognizable of video laboratory materials radios,
or
as: calculators specimens specimens: such patients disposable lancets machines, phonographs,
from and and tissues, intravenous) devices, all pathologic or answering tissue, pen tubing, players/recorders, obtained room
disc human tubes players/recorders, specimens: syringes attached telephones, ray secretions tape operating parts, (hypodermic, with with mercury-containing compact appliances and batteries thermostats lamps cathode

nd batteries thermostats lamps cathode

nd batteries thermostats lamps cathode certain computers, some pathological surgical needles needles needles º º º º 2. excreta 3. anatomical 1. 2. 3. • • equipment, recorders, •

the 17 by of medical rooms, piercing Control attendant Title or for transmit or disposable including 314(d) or or California pathologic clinics, required any Code, edges, 66261.9
the (fomites) cutting room emergency Substances waste," CCR as and harbor Section of injections that in hospitals, and corners, Toxic 22in may waste" isolated agencies; wastes of capable organisms deliver wastes operating from areas be that "universal listed defined Administrative having to health also "infectious item skin laboratory surgical is therefore, public 2. substance pathogenic thereto; 3. specimens outpatient as California see any projections the purposes hazardous Department considers materials

medical waste sharps universal waste cans
aerosol

•

a in 27 of in disposed described be landfill cannot that sanitary II 20250 materials Class CCR unpermitted waste

(Ord. 633 (Att. A), 2013).

Additional words are defined in the following list or the referenced sections of this chapter.

WORD or PHRASE DEFINITION

AB 341 California Assembly Bill No. 341 approved October 5, 2011, codified in Chapter 12.8 (commencing with Section 42649) of Part 3 of Division 30 of the Public Resources Code, as it may be amended and as implemented by the regulations of CalRecycle

AB 1826 California Assembly Bill No. 1826 approved September 28, 2014, codified in Chapter 12.9 (commencing with Section 42649.8) of Part 3 of Division 30 of the California Public Resources Code, as it may be amended and as implemented by the regulations of CalRecycle

anyone whoever, including individuals and entities

authorized hauler any or all of the following: • "self-hauler," • "sanctioned hauler," • "franchised hauler," or • the city

bin containers for collection of solid waste with front end loading vehicles, such as
3-yard dumpsters

CalRecycle the California Department of Resources Recycling and Recovery, or its successor
agency

can container of metal or plastic, usually round, with lid (often contains 32 gallons)

cart wheeled container for storing discarded solid waste that is collected by either
semi or fully automated vehicles

commercial adjective that describes either or both of the following: • persons (such as customers), or • things (such as containers, premises or types of solid waste)

WORD or PHRASE DEFINITION

that are not residential or multifamily, such as stores and offices (contrast
"residential" and "multifamily")

commercial edible includes a tier 1 or a tier 2 commercial edible food generator food generator

commercial hauler Section 8.12.400(B) (compare "franchised hauler," "sanctioned hauler," "self- hauler")

compactor stationary machine that reduces the volume of solid waste by crushing, compression or compaction using a ram that pushes and compresses waste into a container or bale

container any or all of the following: • can, • cart, • bin or dumpster, • roll-off, • compactor, or • other receptacle used to store solid waste pending collection

covered generator all commercial premises and multifamily dwellings of five or more units that generate more than two cubic yards of garbage, recycling, and organics per week

day weekday when City Hall is open to do business with the public (unless "calendar day" is explicitly referenced)

discard Section 8.12.200(A)(3)

dispose Section 8.12.700(A)

dumpster see "bin"

edible food food intended for human consumption, or as otherwise defined in 14 CCR
Section 18982(a)(18). Nothing in this chapter requires or authorizes the recovery
of edible food that does not meet the food safety requirements of the California
Retail Food Code

everyone all, including individuals and entities

food recovery has the meaning ascribed in 14 CCR 18982(a)(24)

WORD or PHRASE DEFINITION

food recovery has the meaning ascribed in 14 CCR 18982(a)(25) organization

food recovery service has the meaning ascribed in 14 CCR 18982(a)(26)

franchised hauler Section 8.12.406 (compare "commercial hauler," "self-hauler" and "sanctioned
hauler")

franchised recycler Section 8.12.800

generator Section 8.12.200(A)(3) Reference to a generator includes "he," "she" and "it" (such as for reference to a business entity).

including "including" is not exclusive, and has the same meaning as "including, without
limitation" and "for example"

mandatory service solid waste handling service under Section 8.12.208

multifamily adjective that describes either or both of the following: • persons (such as customers), or • things (such as containers, premises or types of solid waste) that are related to dwelling units that are not residential, such as apartments, condominiums and town houses unless a customer at those premises requests collection in carts (for example, because of limited space for bins) and the city approves the request (contrast "commercial" and "residential")

nuisance Section 8.12.201(C)

organic materials, solid wastes containing material originated from living organisms and their
organics, and organic metabolic waste products including, but not limited to, food, green material,

waste landscape and pruning waste, organic textiles, and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges

organic waste a person or entity that is responsible for the initial creation of organic waste, or

generator as otherwise defined in 14 CCR Section 18982(a)(48)

premises Either or both of the following: • land, and • any building or other structure on the land,

WORD or PHRASE DEFINITION

whether vacant or occupied, undeveloped or improved.
Reference to his, her, or their "premises" includes reference to anyone who is
either or both:
• responsible for the premises, or
• owns, possesses, occupies, or controls the premises, such as homeowner,
apartment manager, and business tenant

promptly as soon as possible; no more than one day

public works director the public works director of the city or his designee

reasonable "sensible" in the public works director’s judgment, considering: • who acts, • what happened, • where it took place, and • when it occurred

residential adjective that describes: • persons (such as customers), or • things (such as containers, premises or types of solid waste) related to the following dwelling units: 1. single-family homes (including those in a subdivision), and 2. trailers (Contrast "commercial" and "multifamily.")

roll-off container open-topped rectangular containers for storage, collection and transport of solid
waste that are rolled on and off flatbed collection vehicles via winches or reeving
cylinders (hooks)

sanctioned hauler Section 8.12.400(A) (compare "commercial hauler," "franchised hauler," "self- hauler")

self-hauler Section 8.12.300 (compare "sanctioned hauler" and "franchised hauler")

solid waste Section 8.12.402(A)
collection vehicle

solid waste handling any or all of the following: solid waste
• collection,

WORD or PHRASE DEFINITION

• transportation,
• storage,
• transfer,
• processing, and
• disposal

solid waste handling Section 8.12.900
facility

solid waste handling Section 8.12.1001

law

tier 1 commercial has the meaning ascribed in 14 CCR Section 18982(a)(73), as it now exists or may
edible food subsequently be amended

generator

tier 2 commercial has the meaning ascribed in 14 CCR Section 18982(a)(74), as it now exists or may
edible food subsequently be amended

generator

(Ord. 714 §1, 2021; Ord. 633 (Att. A), 2013).

A. Gender and Person. In this chapter, the masculine includes the feminine and neuter. For example, reference to "he" includes reference to "she" and vice versa.

B. Headings. References to "section" or "article" implicitly refer to sections or articles in this chapter, unless another citation is explicitly provided. References to "subsection" refer to subsections within that section.

C. Designees. Reference to any individual city staff person by title includes reference to his designee. (For example, reference to the city clerk, public works director, and city manager includes reference to his respective designees.)

D. Citations. If requirements (mandates or prohibitions, but not definitions) reference citation to law or regulation, then the law or regulation (as may be amended or replaced) is incorporated into this chapter by reference to that citation. (Ord. 633 (Att. A), 2013).

Article II. Generators’ Responsibilities

A. Generator.

1. Legal Discard. Solid waste is the property of the generator until the generator legally discards the solid
waste. For example:

a. A fast food customer drops a beverage container into a refuse receptacle provided by the
restaurant where the customer purchased the beverage; or

b. An automobile driver empties litter into a trash can located at a gas station for use of customers;

c. A pedestrian waiting at a bus stop deposits a newspaper into a refuse barrel provided for public
use;

d. A homeowner or business discarding any type of solid waste in a cart or bin for collection by a
franchised hauler, the city or other sanctioned hauler; and

e. A grocery store accumulates cardboard in a compactor placed at the set-out site for collection by a
permitted recycler;

2. Illegal Discard. Solid waste remains the property of the generator if the generator illegally discards the
solid waste, even if the generator does any or all of the following:

a. Abandons the solid waste;

b. Exercises no dominion or control over the solid waste; or

c. Asserts no ownership of the solid waste.

Examples of illegal discard include:

• Throwing litter from a car onto city streets;

• Dropping litter into the gutter or a storm drain; and

• Dumping bulky items on someone else’s empty lot;

3. Definitions.

"Generator" means anyone: • Who produces solid waste (such as occupants of houses or businesses in offices);

• Who causes a solid waste hauler to haul solid waste (such as an apartment manager who subscribes to solid waste handling service); or • Who otherwise causes solid waste to become subject to regulation, including anyone who owns, operates or controls premises, such as: º Residents (single- and multifamily); º Businesses (for example, offices and stores); º Industries (for example, manufacturing plants or processing facilities); º Institutions (for example, schools and hospitals); º Local governments (for example, the city of Wasco and Kern County); and º Federal government (for example, U.S. Post Office).

"Discard" means to voluntarily do any or all of the following: • To throw, toss, cast or put away, out, or aside; or • To abandon something (such as solid waste) without receiving compensation or other consideration in exchange.

B. Collector. Solid waste (other than recyclables discarded in a separate container) becomes the property of the sanctioned hauler when the hauler takes possession of the solid waste, for example:

1. Tipping a cart, bin/dumpster into the hauler’s compactor truck; or

2. Loading a roll-off box onto collector’s flatbed truck.

Recyclables discarded in a separate container become the property of a franchised recycler/authorized hauler when the generator sets them out for collection by a hauler. (Ord. 633 (Att. A), 2013).

A. Seven-Day Storage (Refuse).

1. No one may keep refuse (except for inert materials) on premises for more than seven days, subject to
exceptions provided in 14 CCR 17331 (such as strikes, severe weather and official holidays).

2. Everyone must comply with 14 CCR 17331.

3. Everyone must make reasonable efforts to prevent:

a. Propagation, harboring, or attraction of flies, rodents or other vectors; and

b. The creation of nuisances.

B. Storage (Solid Waste Other Than Refuse). No one may keep solid waste (other than refuse) on premises longer than the following periods of time:

TIME PERIOD LOCATION

2 weeks within 400 feet of a building

4 weeks 400 feet or more from a building

any other shorter if the public works director determines that the accumulation is
period of time unreasonable, unsightly, excessive or constitutes a threat to human
health or safety or to the environment

However, this prohibition may not be construed as either or both of the following:

1. Interfering with construction under a building permit during the course of construction and within a
reasonable time thereafter; and

2. Piling wood for household use (such as burning logs in fireplaces) in a neat manner, as determined by
the public works director.

C. Nuisance Abatement. The city may do either or both of the following:

1. Abate any nuisance as authorized under the city code; or

2. Seek any other remedy available to the city.

"Nuisance" means accumulation of solid waste in violation of this section.

D. Hazardous Waste. Anyone generating hazardous waste in the city must handle it under law.

E. Medical or Biohazardous Waste. Anyone generating medical or biohazardous waste in the city must handle it under law, including California Health and Safety Code Sections 117600 through 118360. (Ord. 633 (Att. A), 2013).

A. Daily.

1. Everyone must clean up litter daily from all of the following areas, whether or not they caused the litter:

a. Their premises; and

b. The following property located adjacent to their premises:

i. Public right-of-way;

ii. Setbacks;

iii. Paved public sidewalks and streets; and

iv. Paved alleys.

2. Examples of litter include:

a. Rubbish (such as beverage cans, bottles and cups) thrown from passing cars;

b. Refuse (such as fast food wrappers) dropped by passing pedestrians;

c. Plastic grocery bags blown by the wind;

d. Solid waste spilling from over-filled containers;

e. Solid waste blowing from vehicles during collection or transportation;

f. Garbage (such as chicken bones) scavenged by dogs; and

g. Other examples in the definition of "litter" in its definition above.

B. Discard.

1. Everyone must legally discard litter. They may not sweep litter into any of the following places:

a. Public rights-of-way or setbacks;

b. Public sidewalks, alleys and streets;

c. Gutters or storm drain openings.

2. No one may discard litter that he collects (including solid waste swept from the street or gutter) in refuse
cans provided by the city for litter discarded by pedestrians.

C. City Cleanup. The city may clean up and dispose of litter and charge the generator for either or both the city’s actual solid waste handling costs or fines that the city may establish by resolution. (Ord. 633 (Att. A), 2013).

A. Only Solid Waste. Only solid waste may be discarded in containers provided by a sanctioned hauler or the city, unless the hauler or the city explicitly allows discard of other materials (such as source separated e-waste). No one may discard materials that are not solid waste in those containers. Examples of prohibited materials include:

1. Materials that are not solid waste, such as:

a. Hazardous waste;

b. Infectious or medical waste;

c. Electronic waste;

d. Universal waste.

2. Dead animals weighing more than twenty pounds.

B. Source Separation.

1. Everyone must discard types of solid waste (such as refuse, recyclables or green waste) in
correspondingly labeled containers provided by a sanctioned hauler or the city, such as:

a. A public litter container labeled "recyclable cans only"; or

b. Cart colored to indicate green waste discard.

2. Specifically, no one may discard:

a. Refuse in containers designated for recyclables or green waste;

b. Recyclables in containers designated for green waste or refuse;

c. Green waste in containers designated for recyclables; or

d. Any other type of material with a type of solid waste that is prohibited by the sanctioned hauler.

If someone improperly discards any material the city may leave a notice attached to the discard container and charge them according to fees set forth in the master fee resolution adopted by city council.

C. Packaging.

1. Airborne Waste. Everyone must securely bag or wrap airborne waste before discarding it in any container.

"Airborne waste" means solid waste that is likely to blow in the wind, such as the following: • Ashes from barbecues or fire places; • Dust from vacuum cleaners; • Litter from litter boxes; • Sawdust; or • Packing materials often referred to as "popcorn."

2. Sharp Objects. Everyone must package sharp objects (such as broken glass) before discarding them in any
container to prevent tearing open refuse bags, shattering when collected or otherwise injuring others.

D. Weight Limitations. No one may fill containers supplied by their hauler in excess of weight limitations prescribed by the hauler.

E. Instructions. Everyone must follow the discard directions of their sanctioned hauler or the city (such as instructions embossed, embedded, or pasted on hauler’s containers prohibiting disposal of specific materials, or letters sent to the premises). (Ord. 633 (Att. A), 2013).

A. Containers.

1. Specifications. Everyone must store solid waste accumulated on their premises in the following manner:

a. Provided by Hauler. In containers provided by their hauler.

b. Self-Haul, Etc. If they are exempted from mandatory service under Article III of this chapter, in
containers they provide meeting either or both of the following specifications:

i. Nonabsorbent, watertight (except for drainage plugs), vector-resistant, durable, easily
cleanable containers (such as cans); or

ii. Strong and watertight paper or plastic bags that are designed to contain refuse.

Everyone who is exempt from mandatory service must comply with 14 CCR 17315.

2. Number and Size. Everyone must subscribe to or provide containers in number and size adequate to
contain all the solid waste that they discard pending collection or removal. Everyone must comply with 14
CCR 17315.

3. Closed and Covered.

a. Everyone must keep the lids of their solid waste containers (including cans, carts and bins) fully
closed and bags tightly covered or securely tied in order to prevent any or all of the following:

i. Overflowing solid waste, spills or litter;

ii. Attracting insects, vermin and other vectors;

iii. Foraging by domestic or wild animals;

iv. Emanating odors; and

v. Otherwise creating a nuisance or threat to public health and safety.

No one may fill a container in excess of its capacity. Everyone must comply with 14 CCR 17315.

b. However, they do not have to cover containers (such as roll-offs) for temporary storage of C&D
debris pending collection if both of the following occur:

i. The C&D debris is comprised of nonputrescible solid waste; and

ii. The C&D debris does not blow or spill from the container.

4. Cleaning and Maintenance. Everyone must do all of the following:

a. Use their containers only for storage of solid waste;

b. Not paint, mark or otherwise deface a container in any way;

c. Keep their containers free of graffiti;

d. Clean the inside and outside of their container as necessary to maintain sanitary conditions, unless
a solid waste hauler furnishes containers and is responsible for maintaining them under terms,
conditions, or agreements between the solid waste hauler and customer; and

e. Comply with 14 CCR 17314.

5. Compliance with Solid Waste Handling Law. Everyone must comply with solid waste handling law, including
the following:

a. 14 CCR 17311 (regarding responsibility for safe and sanitary storage of all solid waste accumulated on the residential premises);

b. 14 CCR 17312 (prohibiting storage or handling of solid waste that promotes the propagation,
harborage or attraction of vectors or the creation of nuisance); and

c. 14 CCR 17315 (regarding maintenance of containers in clean, sound condition free from putrescible
residue).

B. Container Storage.

1. Residential.

a. Aesthetics. On residential premises, residents must store solid waste containers out of view from the
street, sidewalk or other public right-of-way, by:

i. Fence;

ii. Landscaping;

iii. Building; or

iv. Other screening determined by the public works director.

b. Prohibitions. Residents must not store containers on public property.

c. Responsibility. Residents must supervise and maintain surveillance over their containers.

2. Commercial. Businesses must supervise and maintain surveillance over containers on their commercial
premises. They must store containers (other than carts) on their commercial premises in storage areas
meeting the following requirements, unless permitted otherwise by the public works director:

a. The storage area must be located within one hundred feet of the commercial premises.

b. The storage area for containers larger than one hundred gallons capacity may not be located within
twenty-five feet of any windows, doors or ventilation intake in any building, either on the business
premises or adjacent properties.

c. The storage area must have retaining walls, fences, guard rails, bumpers or curbs to protect vehicles
parked in adjacent spaces from damage by containers or collection vehicles.

d. The floor or bottom surface of the solid waste storage area must be made of concrete or other
impervious material approved by the public works director.

e. The storage area must be designed so that a solid waste hauler may collect containers that do not
have wheels or casters without having to move the containers.

f. The storage area must be designed so that a solid waste hauler may collect containers that have
wheels or casters. The director of public works will review and approve submitted city trash enclosure.

g. The storage area must be out of view from the street, sidewalk, or other public right-of-way (other
than alleys) by fence, landscaping, building, or other screening required by the public works director.

h. The storage area may not be on public property, setbacks, or right-of-way.

i. The storage area must not obstruct traffic.

j. The storage area in any new, substantially remodeled, or expanded building or other facility must provide storage area that does both of the following:

i. Accommodates the anticipated volume of discarded solid waste and storage space for solid
waste containers; and

ii. Allows sufficient room for efficient and safe solid waste removal or collection (for example,
sufficient clearance for commercial solid waste collection vehicles to maneuver).

Everyone seeking construction permits must demonstrate to the local land use and building permit issuing
authority in the city that they have met these requirements. They must comply with 14 CCR 17313.

3. California Solid Waste Reuse and Recycling Access Act--Storage Area Design Requirements. A business with a

new or remodeled business premises must comply with the California Solid Waste Reuse and Recycling Access Act of 1991 and the city’s space allocation and enclosure design standards and guidelines for trash and recycling found in the city’s building code. (Ord. 633 (Att. A), 2013).

A. Set-Out Times.

1. Twelve-Hour Set-Out. No one may set out their container at a curbside collection set-out site earlier than
twelve hours prior to collection.

2. Twelve-Hour Bring-In. Everyone must return containers to the container storage site within twelve hours
of collection.

3. Litter. When retrieving their container(s), they must pick up litter on or along the boundary of their
premises.

B. Set-Out Sites. No one may set out any container where the container will block driveways or otherwise obstruct traffic on roadways or pedestrians on sidewalks.

1. Cart Location. Unless they arrange with their solid waste hauler to provide manual roll-out or push
services of their carts, everyone must set out their carts for collection at least one foot apart in any of the
following locations:

a. On the street in front of their premises with the wheels of the containers against the curb; or

b. If there is no curb, on the edge of the street in front of their premises with the wheels of the
containers abutting their premises; or

c. Any other place that the public works director (or their hauler) directs.

2. Bin Location. Everyone must:

a. Plan with their franchised hauler or the city the place to set out bins that will minimize traffic,
aesthetic and other problems on their premises and for the general public; and

b. Comply with 14 CCR 17314.

Everyone who places their bins in an alley must post the address of their premises where a hauler can clearly
see it when collecting solid waste.

3. Other Materials Placement. If a sanctioned hauler collects uncontainerized solid waste or other materials
(such as bulky waste, used oil and oil filters, and Christmas trees), everyone who discards these materials
must set out those materials in the same place that they set out their containers.

4. Weight. No one may fill containers in excess of weight prescribed by a franchised hauler, the city or
franchised recycler. They may not set out any bags, boxes or other receptacles that will be collected manually
or which weigh over sixty pounds. (Ord. 633 (Att. A), 2013).

Retail sales businesses that sell a product their customers may use or consume on the business’ premises must do all of the following:

A. Provide refuse container(s) for convenient customer use on the business premises;

B. Empty the containers at least as often as required under Section 8.12.201; and

C. Regularly clean both the container and the area surrounding the container and maintain both in a sanitary manner, free of litter. (Ord. 633 (Att. A), 2013).

The following businesses must provide and empty a tobacco waste container or containers, such as a cigarette urn or ash tray, in each area of its business premises where smoking is lawfully permitted:

A. Businesses that sell tobacco products; and

B. Businesses that allow employees to smoke on their business premises.

They must empty containers at least as often as required under Section 8.12.201. They must regularly clean both the container and the area surrounding the container and maintain both in a sanitary manner. (Ord. 633 (Att. A), 2013).

Everyone must subscribe directly to solid waste (including recyclables) removal from their premises (or pay for solid waste removal under Article XIII of this chapter) in both of the following ways:

• At least as often as required under Section 8.12.201; and

• From a franchised hauler, the city or other city-authorized hauler;

unless the generator is exempted from this mandatory service requirement under any of the following:

• Article III of this chapter, Self-Haulers and Shared Subscribers;

• Section 8.12.400(A), Sanctioned Haulers.

"Mandatory service" means the requirement to subscribe or pay for removal of solid waste under this section.

(Ord. 633 (Att. A), 2013).

The city may exempt anyone from the mandatory service if they demonstrate to the satisfaction of the public works director, within two weeks of request, that they meet both of the following requirements:

A. They comply with all solid waste requirements under this chapter, including with respect to storage, removal, transportation, recycling, and disposal of solid waste; and

B. They are any of the following:

1. State facilities that meet both of the following requirements:

a. Located in the city; and

b. Owned or operated by any of the following:

i. The state or a state agency;

ii. A public state university or college; or

iii. A unified school district;

2. Industry. The owner or operator of an industrial plant that hauls solid wastes which in the judgment of
the public works director:

a. Cannot be handled by standard solid waste collection equipment (such as large volumes of semi-
liquid, putrescible food processing waste); or

b. Involve significant health, operating or handling hazards;

3. Anyone that discards solid waste that sanctioned haulers (such as gardeners and roofers) may transport
under Section 8.12.400 (such as yard trimmings and shingles). (Ord. 633 (Att. A), 2013).

Article III. Self-Haulers and Shared Subscribers

A. Requirements. The city may exempt anyone from mandatory solid waste handling service if they demonstrate to public works director’s satisfaction that they do all of the following:

1. Storage. Store all solid waste located on their premises in compliance with Section 8.12.204, including
container specifications, closure and maintenance;

2. Removal. Collect and remove all refuse weekly, or remove from their premises at least as often as
required under Section 8.12.201;

3. Recycle. Recycle recyclable materials at least weekly at facilities permitted to accept those recyclables,
such as California redemption centers, recyclables buy-back facilities, material recovery facilities, and
organizations that accept recyclables without charge (such as Salvation Army, Goodwill);

4. Transportation.

a. Transport refuse in compliance with Article IV of this chapter, including no littering or leaking fluids;
and

b. Transport refuse in vehicles meeting the following requirements:

i. They are registered in his name;

ii. They are not designed or retrofitted to be solid waste collection vehicles;

5. Disposal. Dispose of all refuse at a solid waste disposal facility permitted to accept that refuse under law.

No one who is exempted can allow someone else to collect, remove, transport or dispose of their refuse (or with or without compensation in cash, credit or kind).

B. Application for Exemption. Everyone seeking a self-haul exemption from mandatory service must submit an application provided by the city demonstrating the following to the satisfaction of the public works director:

1. Invoice from Franchised Hauler or the City. A current dated invoice from their franchised hauler or the city
showing all of the following:

a. Their name;

b. The address of their serviced premises;

c. Their service subscription capacity and frequency;

2. Vehicle Registration. Copy of vehicle registration showing they are the registered owner of the vehicle they
use to transport refuse; and

3. Other. Any different or additional documentation requested by public works director.

C. Quarterly Confirmation of Disposal. Everyone exempted from mandatory service must submit all of the following documentation directly to the public works director quarterly, either in person, by certified mail, or confirmed email:

1. Disposal Documentation. Dated receipts, invoices, or other documentation satisfactory to public works director evidencing they have legally disposed of their refuse at a solid waste facility permitted under law (such as transfer station, waste-to-energy facility or landfill) at least weekly, including the following: a. Their name; b. Date; c. Name of solid waste facility; and

   2. Other. Any other additional or different documentation requested by the public works director.

D. Failure to Qualify for Exemption. Everyone must continue to subscribe (or immediately re-commence subscribing) to solid waste collection service if they receive notice by regular U.S. mail of public works director’s determination they do not qualify for the self-haul exemption for either of the following reasons:

1. They have not initially provided documentation under subsection B of this section; or

2. They have received an exemption but do not subsequently submit requisite disposal documentation.

E. Exemption Fees. Everyone who applies for or receives an exemption from mandatory service must pay the following fees in an amount established by resolution of the city council to reimburse the city for actual cost of reviewing self-haul documentation and implementing the program:

1. A one-time application fee; and

2. Quarterly documentation fee.

F. Alternative Procedure. The city council may amend or replace the process in this section by resolution. (Ord. 633 (Att. A), 2013).

A. Requirements. The city may exempt anyone from mandatory service if they demonstrate to satisfaction of the public works director that they do both of the following:

1. Storage, Removal and Transportation. Comply with the requirements under Section 8.12.300; and

2. Disposal. Dispose of refuse at another premises that is serviced by a franchised hauler or the city,
including:

a. A business belonging to someone who generated the solid waste on their residential premises; or

b. A neighboring individual or business with which they share containers; and

3. Other. Any different or additional documentation requested by public works director.

B. Application for Exemption. Everyone seeking an exemption from mandatory service under this section must submit an application provided by the city demonstrating the following to the satisfaction of the public works director:

1. Invoice from Franchised Hauler or the City. A current dated invoice from the franchised hauler or the city
meeting the requirements under Section 8.12.300, with respect to the premises where generator disposes of
its refuse; and

2. Shared Premises.

a. Written Permission. A letter signed by the owner of the other premises (on business letterhead, as
applicable) under penalty of perjury, stating the applicant is authorized to discard his refuse in the
owner’s solid waste bin or other receptacle; or

b. Business License. If the owner of the other premises is that generator’s business, a copy of the
business license that references the generator by name;

3. Other. Any other documentation requested by the public works director.

C. Quarterly Confirmation of Shared Subscription. Everyone exempted from mandatory service under this section must submit the letter or business license under subsection B of this section directly to the director of public works quarterly.

D. Alternative Procedure. The city council may amend or replace the process in this section by resolution. (Ord. 633 (Att. A), 2013).

Article IV. Solid Waste Haulers

A. Sanctioned Haulers. No one may directly or indirectly provide, organize, manage, direct or sponsor solid waste handling services to someone else for compensation in cash, kind or credit, except the following:

1. Sanctioned haulers; and

2. Recyclables drop-off centers that may purchase recyclables or pay California redemption value.

"Sanctioned hauler" means any or all of the following: • The city; • Franchised hauler; • Franchised recycler;

• Anyone who provides solid waste handling services to a customer who is exempt from mandatory service, such as state facilities; • Service providers or retailers incidentally hauling any solid waste consisting of by-products of their primary services, such as: º Construction contractors or subcontractors (such as carpenters, masons, roofers, electricians and plumbers), hauling solid waste such as construction and demolition debris that they generate in the course of providing construction or demolition services, but not construction and demolition waste they merely gather or collect from a construction and demolition site for transport; º Hired gardeners, hauling yard waste they generate, including through trimming trees, shrubs and bushes; cutting grass; and pulling weeds; and º Stores selling furnishings retail, hauling solid waste such as used carpet, cabinets, mattresses, home appliances and furniture that they remove following delivery of comparable new merchandise; • Anyone hauling dead animals, bones, meat scraps or food waste resulting from food processing plants for tallow or fertilizer; and • Anyone else authorized by the city.

B. Commercial Haulers.

"Commercial hauler" means any business that hauls any solid waste as their primary service, such as: • Franchised hauler or franchised recycler; and • Anyone who provides solid waste handling services to a customer who is exempt from mandatory service, such as state facilities.

(Ord. 633 (Att. A), 2013).

A. Design Specifications. If a sanctioned hauler provides containers to a customer for discard of any or all of the following materials:

• garbage,

• mixed garbage, or

• other putrescible solid waste, then the containers must meet all of the following specifications, in the judgment of the public works director.

They must be:

1. Durable;

2. Constructed of structural steel plate, with all seams welded;

3. Nonabsorbent, watertight (to keep rain water out of the container) and leak resistant (to keep liquid from
solid waste inside the container, until discard), although a drainage plug is permissible;

4. Easily cleanable, having interior surfaces that are smooth, without projections;

5. Designed for safe handling;

6. Equipped with a noncombustible lid;

7. Provide adequate protection against fire hazard;

8. Vector resistant (including rodents, insects and other vermin);

9. Comply with 14 CCR 17315 and 17341.

B. Labels. A sanctioned hauler who provides containers to its customers for discard of refuse must label those containers legibly, plainly and visibly as follows:

1. Identification. With respect to containers having capacity of one or more cubic yards, the name of hauler
in lettering no less than four inches high placed on the outside of the container;

2. Contact. With respect to containers having capacity of one or more cubic yards, telephone number of
solid waste hauler, in lettering no less than four inches high placed on the outside of the container;

3. Regulatory Mandates. With respect to containers having capacity of one or more cubic yards, comply with
14 CCR 17316;

4. Hazardous Waste. With respect to all containers, prohibition on discarding of unpermitted waste, in
content acceptable to the public works director, which label should be placed on the inside of the container
lid;

5. Scavenging Prohibition. With respect to containers storing recyclables, prohibition on scavenging that
provides adequate notice to institute enforcement actions under Public Resources Code Section 41950(b), in
substantially the following form, acceptable to the public works director:

The recyclables in this container are the property of an authorized recycler. It is illegal to remove
recyclables from this container under City and State law. Only a recycler authorized by the City may
collect these recyclables. Anyone else who removes materials from this container is subject to
prosecution, treble damages and civil penalty.

C. Maintenance and Cleaning. A sanctioned hauler must maintain containers that it provides its customers in all of the following manners:

1. In good condition (ordinary wear and tear excepted) unless the hauler furnishes them under other
terms, conditions or agreements, and in compliance with 14 CCR 17314;

2. In a clean, sound condition free from putrescible residue, and in compliance with 14 CCR 17315; and

3. Graffiti-free.

D. Placement. A sanctioned hauler must plan with each of its customers the location to store and set out containers in order to minimize traffic, aesthetic and other problems both on the premises and for the general public. Sanctioned hauler must comply with 14 CCR 17314.

E. Noncompliance. The city may place a tag on a container that does not comply with the requirements of this section, describing the nature of the noncompliance and stating the date by which the solid waste hauler must remedy the noncompliance. If a sanctioned hauler does not remedy the noncompliance by the stated date, the city may consider the container to be solid waste and remove and discard it (including recycling metal). The city may charge the sanctioned hauler for the city’s costs of removal and discard. (Ord. 633 (Att. A), 2013).

A. Specifications.

"Solid waste collection vehicle" means any vehicle used for commercial collection and transport of solid waste, including either or both of the following: • Front end loaders (trucks originally designed to collect primarily commercial and multifamily refuse waste from bins, having two forks attached to the front that lift bins overhead and empty them into a hopper on top of the truck, or trucks adapted to collect refuse from cans dumped manually into buckets or hopper attached to the front that lifts the emptied solid waste overhead and empties it into the hopper); or • Side-loaders (trucks that collect primarily residential refuse from carts, having fully or semi-automated mechanical arms that grip containers, lift them overhead, and empty them into the hopper on top of the truck).

All sanctioned haulers must use only solid waste collection vehicles that meet the following specification:

Watertight. A storage vessel, tank, receptacle or bed of all vehicles must be made of metal or other nonabsorbent material that is impervious to liquid and leak resistant, and comply with 14 CCR 17341, if it transports any or all of the following:

• Garbage;

• Other wet or putrescible or liquid-producing solid wastes; or

• Solid wastes composed of fine particles.

All sanctioned haulers who are commercial haulers must use solid waste collection vehicles that meet all of the following additional specifications, in the judgment of the public works director:

1. Safe. A commercial vehicle must be constructed to minimize health and safety hazards to solid waste
handling personnel and the public, and comply with 14 CCR 17342 if the vehicle transports either or both of
the following:

a. Garbage; or

b. Refuse.

2. Design. A commercial vehicle must be durable, easily cleaned and sanitized, designed for safe handling of
solid waste, constructed to prevent loss of wastes during collection or transportation (such as having covers),
and comply with 14 CCR 17341.

3. Enclosure. A commercial vehicle must have enclosed solid waste storage or holding compartment.

4. Self-Unloading. A commercial vehicle must be self-unloading.

5. Solid Waste Vehicles. A commercial vehicle must be originally constructed for solid waste handling.

6. Backup Warning. If the vehicle has a rated capacity of more than one and one-half tons, it must be
equipped with audible, automatic backup warning devices.

B. Equipping. Every commercial hauler must equip each of its solid waste vehicles transporting refuse with the following items:

1. Rake;

2. Broom;

3. Shovel;

4. Fire extinguisher; and

5. Absorbent materials for leaks and spills such as oil.

C. Signs. Every commercial hauler must permanently display in a prominent place on the rear and both exterior sides of each one of its solid waste vehicles the following information, in letters at least two inches high, in contrasting color to the body of the truck:

1. Name and phone number of the hauler, and identification that complies with 14 CCR 17344;

2. Unique vehicle identification number; and

3. Any other or different information as is required by the public works director.

D. Cleaning. Every commercial hauler must keep each of its commercial solid waste collection vehicles clean and neatly painted, and the storage vessels, tanks, receptacles or beds of that vehicle disinfected and sanitary. It must clean that vehicle in a manner that prevents the propagation or attraction of flies, rodents or other vectors and the creation of nuisances, and comply with 14 CCR 17341.

E. Maintenance. Every commercial hauler must maintain each solid waste collection vehicle in good mechanical condition and in a manner that minimizes health and safety hazards to solid waste handling personnel and the public. It must comply with 14 CCR 17341 and 17342.

F. Parking and Storage. Every commercial hauler must park its solid waste collection vehicles in an off-street location, and not in a residential area of the city, when the vehicle is not in service, except in an emergency. They must comply with 14 CCR 17343.

G. Compliance with Law. Every sanctioned hauler must comply with applicable solid waste handling law relating to solid waste vehicles, such as the following:

1. Smog Checks. California Health and Safety Code Section 43000 et seq. with respect to air emissions;

2. Tires. California Vehicle Code Section 27456b;

3. BIT Inspections. California Vehicle Code Section 34500 et seq. with respect to documentation through its
maintenance log or otherwise of a safety compliance report issued under Division 14.8 of the California
Vehicle Code as applicable to each vehicle, including biannual "BIT" inspections conducted by the California
Highway Patrol;

4. Lights. Rules and regulations promulgated under the California Vehicle Code with respect to vehicle
highway lighting, flashing and warning lights, clearance lights, and warning flags;

5. Registration. Rules and regulations of the California Department of Motor Vehicles with respect to vehicle
registration;

6. Vehicle weight limits;

7. The appropriate class of drivers’ licenses issued by the California Department of Motor Vehicles;

8. Control Measure for Diesel Particulate Matter from On-Road Heavy-Duty Residential and Commercial
Solid Waste Collection Vehicles, 13 CCR 2020 et seq.; and

9. Construction, safety, and parking and identification of operating equipment.

H. Inspection of Equipment. Every sanctioned hauler of solid waste must make its equipment used for solid waste handling available for inspection as requested by the city, and comply with 14 CCR 17345.

I. Transportation and Discard. Every sanctioned hauler must legally transport and discard solid waste under Articles VI and VII of this chapter. (Ord. 633 (Att. A), 2013).

Upon request, every sanctioned hauler of solid waste must provide the public works director with the following information:

A. Name;

B. Office and address;

C. Telephone number and emergency telephone number (if different);

D. Number and types of vehicles employed in providing solid waste collection services;

E. Types of materials the solid waste hauler is authorized to handle in the city;

F. Any other information required by law, including 14 CCR 17332. (Ord. 633 (Att. A), 2013).

required by law.

Upon request, every commercial hauler of solid waste must give the city proof that the hauler has adequate financial resources and experience to properly conduct its operations in the city, including all of the following:

A. Filing of a performance bond or equivalent security with the city in a reasonable amount determined by the public works director; and

B. Evidence that the solid waste hauler has experience sufficient in the judgment of the public works director to meet the needs of the situation within the city; and

C. Any other facts required by 14 CCR 17333. (Ord. 633 (Att. A), 2013).

Every sanctioned hauler must:

A. maintain records relating to solid waste that the hauler collects in the city, and

B. report to the city at the time, in the manner and form, and with information required by the public works director. It must allow the city to inspect or audit those records promptly upon the city request. (Ord. 633 (Att. A), 2013).

A. Authorization. The city may enter into one or more contracts or franchise agreements to provide any or all solid waste handling services, with or without advertising for bids, within the city boundaries. The city council may prescribe the terms, conditions or limitations in contracts or franchise agreements as it may deem necessary, including:

1. Granting nonexclusive, semi-exclusive or exclusive franchises; and

2. Charging franchise or solid waste administrative fees.

If the city does not enter into contracts or franchise agreements for any type of solid waste management handling, then the city will provide that service.

B. Stop Service. The city may direct a franchised hauler or the city to stop service at the following premises located in the city:

1. Premises that are demolished or no longer authorized to be occupied; or

2. Premises from which the city has authorized generators to self-haul under Article III of this chapter.

The franchised hauler or the city must stop providing services to those premises by the date directed by the city. It must delete that premises from its customer subscription lists and give the city a copy of its revised lists promptly upon city request.

"Franchised hauler" means anyone who enters into a legal, valid and binding contract or franchise agreement with the city under this section, which agreement is neither expired nor terminated, including franchised recyclers.

"Solid waste enterprise" means anyone that is regularly engaged in the business of providing solid waste handling services, including any: • Individual; • Partnership; • Joint venture; • Unincorporated private organization; or • Private corporation.

C. Conditions of Grant. Franchise grants must be conditioned upon a franchised hauler’s meeting its obligations under the franchise agreement and applicable law, in the sole judgment of the city.

D. Franchise Agreement. If city council grants a franchise, the city must enter into a franchise agreement with the franchised hauler for solid waste handling services including, at a minimum, all of the following:

1. Scope of the grant and its exclusions, if any;

2. Term of the agreement and obligations that survive the expiration of the agreement;

3. Scope of services: specifications and exceptions;

4. Service standards, such as standards related to litter, noise, and franchisee conduct;

5. Requirements to timely respond to city correspondence;

6. Provisions related to public health and safety, such as hazardous waste handling procedures and
employee training;

7. Customer service requirements, such as responses to customer complaints;

8. Customer service charges: amount, invoicing;

9. Maintenance of records and timely submissions of complete and accurate reports;

   10. Indemnification, release and hold harmless, and defense of the city from and against all liabilities arising out of or in any way connected to franchise services;

   11. Types and amount of insurance coverage (such as automobile, general liability and pollution transport);

   12. Financial assurance of service (such as a letter of credit);

   13. Contract administration and enforcement, including interim remedies such as liquidated damages as well as final termination of agreement; and

   14. Transfer of the contract.

The city may include other provisions that it deems necessary or desirable, in its sole discretion.

E. Franchise Fees.

1. Amount Specified in Resolution of the City Council. The city council may establish the amount of franchise
fees/franchise agreements under a resolution on the basis of gross receipts or other manner of calculation
(such as subscribed capacity or disposed solid waste).

2. Obligation of Franchised Hauler. Franchised haulers must pay the city the franchise fees under resolution
of the city council.

3. Time of Payment.

a. Franchised hauler must pay franchise fees on or before the first day of the second month
immediately following the month in which the franchised hauler received gross receipts (or other basis
of calculation). For example:

i. July. Gross receipts received July 1st through 31st;

ii. August. After July 31st, amount of July gross receipts ascertained and corresponding July
franchise fees calculated; and

iii. September 1st. July franchise fee paid on or before September 1st.

b. Franchise fees will be deemed paid at any of the following times:

i. Date of personal delivery during hours that the City Hall is open for business to the public;

ii. The date of postmark of mailed delivery with the United States Postal Service; or

iii. Other proof satisfactory to the city that franchise fees were deposited in mail or other delivery
service on or before the date their payment is due.

c. If the franchised hauler does not timely pay the franchise fee, then it must pay the city:

i. A late payment charge of two percent of the amount of unpaid franchise fees, plus

ii. Interest equal to:

(A) One and one-half percent for each late month; or

(B) The maximum amount permitted by law.

4. Place of Payment. Franchised hauler must deliver payment to the following address, or other address
directed by the city manager:

City Finance Department

The City of Wasco

746 8th Street

Wasco, CA 93280

5. Manner of Payment. Together with payment of franchise fees, the individual submitting the payment and
the chief financial officer of the franchised hauler (or other person acceptable to the city manager) must
submit the following:

a. Documentation in form and detail satisfactory to the city manager showing the basis for calculating
the franchise fees, together with additional information that the city manager may determine is
necessary to calculate or verify the franchise fees; and

b. A representation and warranty as follows:

I represent and warrant, under penalty of perjury of the laws of the State of California, that I
am familiar with the financial transactions of [INSERT NAME OF FRANCHISED HAULER] and am
responsible for keeping and maintaining its financial records, including gross receipts thereof,
and I have reviewed the [INSERT DATE AND DESCRIPTION OF ACCOMPANYING RESIDENTIAL
REFUSE HAULER FEE PAYMENT ACCOUNTING STATEMENT]. To my best knowledge and belief
after inquiry, the statement is true, correct and complete.

The city may rely on the documentation, representations and warranties filed by franchised hauler, but they
are not deemed conclusive as to the information presented or statements made. The city may take additional
measures and actions to determine and collect due and payable franchise fees.

6. Payment Security. Within thirty days of city direction, a franchised hauler must give the city a letter of
credit or certificate of deposit satisfactory to the city, in an amount equal to the greater of the following:

a. One-half of the amount of franchise fees that the franchised hauler owed the city during the prior
calendar year; or

b. The amount of franchise fees that the franchised hauler owed the city during the preceding one
hundred eighty days; or

c. Other amount satisfactory to city under the franchise agreement.

The city may draw on the letter of credit or liquidate the certificate of deposit at any time in an amount equal
to due and payable franchise fees and late payment fees that the city calculates the franchised hauler owes
the city.

7. Overpayment Claims. A franchised hauler may ask the city to refund overpayments of franchise fees in the
format and with documentation satisfactory to the city. If the city agrees that franchised hauler overpaid
franchise fees, the city may do either of the following:

a. Refund the excess amount; or

b. Credit the excess amount against future payments of franchise fees. Franchised haulers may not credit or offset any claimed excess payments of franchised fees to future payments of franchise fees or other amounts without city written consent of the city manager.

8. Disputes.

a. Decision of Director of Public Works. The franchised hauler may submit disputes with respect to the
franchise fee to the public works director. The director (or other person designated by the director) will
resolve those disputes, such as disputes over calculation of amount of the franchise fee.

b. Appeal to the City Manager. Within ten days of the director’s decision the franchised hauler may
appeal the director’s decision to the city manager. The appeal must include both of the following:

i. An explanation of the basis of the appeal; and

ii. The prepayment of the city’s projected costs and expenses of conducting the appeal, such as its
costs of staff time and expenses of consultants’ fees. The burden of proof will be on the franchised
hauler.

c. Final Decision of the City Manager. The city manager (or other person that the city manager
designates) will hear the appeal and give the franchised hauler a written decision. The decision is final.

d. Payment/Refund. Within thirty days of the city manager’s decision:

i. The franchised hauler will pay the city any insufficient payments, including any late payments;

ii. The city will refund the franchised hauler any excess payments.

e. The City’s Costs and Expenses. Within thirty days of the city’s request the franchised hauler will
reimburse the city for the city’s costs and expenses in excess of prepaid costs and expenses.

F. Records and City Audit.

1. Substantiating Information. Franchised haulers will maintain accurate and complete books, accounts and
records of all information relating to the calculation of the franchise fee, including gross receipts (or other
basis for calculating the franchise fee).

2. Audit. The city may audit the books, accounts and records of franchised haulers.

a. Within two weeks of the city’s request a franchised hauler must give the city either:

i. Copies of requested material; or

ii. Access to requested material at locations within Kern County.

b. Records include documentation required under the franchise agreement and financial and
operating records with respect to franchise operations in the city, such as:

i. Gross receipts;

ii. Customer subscriptions; and

iii. Customer accounts.

c. If the audit demonstrates to the satisfaction of the city an error in the amount of franchise fees that franchised hauler paid the city, then within thirty days after the city gives franchised hauler a copy of the audit results the franchised hauler must pay the city the following amount:

i. The understated franchise fees; plus

ii. The late payment charges and interest under subsection E of this section; plus

iii. The city’s costs and expenses of conducting the audit, including time spent by the city
employees and fees paid by the city to independent contractors such as accountants or financial
advisors.

G. License Fees or Business Taxes. Franchise fees are in addition to any license fee, business tax or other charge imposed by the city.

H. Use of Franchise Fees. The city may use the proceeds of the franchise fees for any costs and expenses of the city permitted under either or both this chapter or other law with respect to solid waste handling to fund the city’s integrated waste management programs as they may be adopted and amended from time to time, including any or all of the following:

1. Administering and enforcing solid waste contracts, ordinances and the Wasco Municipal Code;

2. Implementing solid waste programs required by law, including the city’s solid waste plan elements:

a. SRRE/source reduction and recycling element;

b. HHWE/household hazardous waste element; and

c. Nondisposal facility element;

3. Mitigating wear and tear on infrastructure related to solid waste program implementation;

4. Protecting and promoting the public health and welfare with respect to solid waste, including without
limitation putrescible wastes that may attract vectors, vermin and otherwise comprise a nuisance; and

5. Any other costs incurred or expenses paid by the city in accordance with law. (Ord. 633 (Att. A), 2013).

Article V. Scavenging

No one may move, use or meddle with any container for collection of solid waste or its contents, except any or every one of the following:

A. Someone who owns the containers or subscribes to service in the container (and anyone she allows to handle her container);

B. Franchised hauler or the city’s permitted recyclers, with respect to containers they own or collect;

C. The city, including its employees;

D. Someone authorized by the city; and

E. A law enforcement officer.

Examples of prohibited use include sleeping in a dumpster, discarding solid waste in someone else’s bin, and sorting through refuse in someone else’s cart and removing materials. (Ord. 633 (Att. A), 2013).

A. Residential Recyclables. No one other than a permitted recycler may remove materials that are discarded in carts (or other containers) that meet both of the following requirements:

1. Recyclables Carts. Carts are identified (for example, by color, symbol or words) for discard of "recyclable"
solid waste designated by the permitted recycler; and

2. Recyclables Set-Out Site. Carts are placed at a residential set-out location designated under a franchise
agreement for collection by a franchised hauler or for the city (or someone else authorized by the city to
collect those recyclables).

Examples of such recyclable materials are paper, glass, cardboard, plastic, used motor oil, ferrous metal and aluminum and other materials designated in the city’s recycling programs.

Everyone must comply with Public Resources Code Section 41950(a).

B. Commercial Recyclables. No one other than a franchised recycler or the city (or someone else authorized by the city) may remove materials that are discarded in bins (or other containers) that meet both of the following requirements:

1. Bins are identified (for example, by color, symbol or words) for discard of recyclable solid waste
designated under agreement between the owner or user of the bin and either the franchised hauler, the city
or permitted recycler (or another authorized by the city); and

2. Bins placed at either set-out location listed below may not be removed by anyone other than the
permitted recycler:

a. At commercial or industrial premises; or

b. At multifamily residential complexes.

Everyone must comply with Public Resources Code Section 41951(b).

C. Actions to Enforce Law. Upon city request, permitted recyclers will do either or both of the following:

1. Institute actions against anyone alleged to have violated Public Resources Code Section 41950 or 43951;
and

2. Seek treble damages or a civil penalty under Public Resources Code Section 41953. (Ord. 633 (Att. A),
2013).

Article VI. Solid Waste Transportation

No one may transport solid waste on any city street, except for the following:

A. Sanctioned haulers;

B. Anyone transporting solid waste that they collected outside of the city in transit through the city; and

C. Anyone transporting solid waste from their premises on an occasional (not weekly) basis, such as discards related to cleaning garages, moving residences, or removing a deceased’s personal effects. The public works director may determine whether or not the transport is occasional. (Ord. 633 (Att. A), 2013).

A. No Litter or Leaks. Everyone who transports solid waste in the city must do both of the following:

1. Ensure that no material drops, sifts, leaks, blows, spills or otherwise escapes from the vehicle
transporting that solid waste; and

2. Comply with California Vehicle Code Section 23114(a).

Everyone who is responsible for such litter or leaks on any street in the city must pay to the city the city’s cost of cleaning up that litter or leak.

B. Covered Loads.

1. Everyone transporting solid waste must do the following:

a. Cover the transported load of solid waste; and

b. Comply with California Vehicle Code Section 23114(e) (with respect to aggregate material) and
Section 23115(a) (with respect to garbage, refuse, trash, etc.).

2. However, anyone transporting processed recyclables such as waste paper or cardboard need not cover
transported loads if that person does the following:

a. Secure the processed recyclables so that nothing spills or falls from the transporting vehicle; and

b. Comply with California Vehicle Code Section 23115(c).

C. Loading. No one may overload vehicles so that contents extend over the top of the vehicle’s body.

D. Hazardous Waste. Everyone who transports hazardous waste on any city street must comply with law, including California Health and Safety Code Chapter 6.5 and CCR Title 22.

E. Medical or Biohazardous Waste. Anyone transporting medical or biohazardous waste in the city must comply with law, including California Health and Safety Code Sections 117600 through 118360. (Ord. 633 (Att. A), 2013).

The city may establish by resolution routes, days and hours of solid waste collection. It must publicize any changes, such as in the newspaper or on its website. (Ord. 633 (Att. A), 2013).

Article VII. Solid Waste Disposal

A. Legal Disposal. Everyone who collects and removes solid waste from a location within the city must transport that solid waste to, and deliver and discharge it at, locations that are authorized to accept that solid waste under solid waste handling law, including the following:

1. Transfer stations/processing facilities;

2. Recyclables buy-back centers;

3. Landfills;

4. Waste-to-energy transformation facilities; and

5. Composting facilities.

These illustrative examples are provided in order to help readers understand the meaning of this section and to comply with the code, but the city makes no representation or warranty that the listed facilities will remain in operation or in compliance with law. The list is not exhaustive and the city disclaims recommending any particular facility.

"Dispose" means to finally deposit solid wastes onto land, into the atmosphere, or into the waters of the state.

B. Prohibited Disposal. No one may dispose of solid waste anywhere in the city in any of the following manners:

1. Abandonment (such as littering or illegal dumping) on private or public property;

2. Burying;

3. Processing; or

4. Burning.

For purposes of this section, "processing" excludes composting green waste on one’s own premises in compliance with law (such as composting grass clippings and weeds collected on one’s residential premises). (Ord. 633 (Att. A), 2013).

A. Prohibition. No one may discard any solid waste in the city, with or without intent, purposefully or negligently, except under this chapter, such as Section 8.12.205 (with respect to container set-out requirements) or in Section 8.12.700 (with respect to discard at sites and facilities in accordance with law). Without limiting this prohibition, no one may discard any solid waste on or in any of the following places:

1. Any public property (such as a public highway, street, parkway, thoroughfare, alley, gutter, sidewalk, setback, right-of-way or storm drain);

2. Banks of any stream or dry watercourse;

3. Anyone else’s private property, such as empty lots, unless by owner’s permission;

4. Anyone else’s solid waste container, unless the person that pays for solid waste handling services with that container gives written permission; or

5. A public solid waste container placed at public facilities (such as City Hall) or on public property (such as adjacent to bus stops or in parks), except for discard of litter incidentally generated by the public using the public facility or public property.

B. Costs and Fines. Anyone who discards solid waste in violation of subsection A of this section must pay the city the following amounts upon city demand:

1. The city’s cost of handling that discarded solid waste under law; and

2. Any fine that the city council may establish by resolution.

C. Proof.

1. The city may consider photo images and/or video footage of persons and/or vehicles used for illegal
dumping as sufficient evidence to pursue any administrative or judicial enforcement action. When vehicle license plates can be identified, city code enforcement officer access to the California Law Enforcement
Telecommunication System will be necessary to identify registered owners of record for vehicles used for
illegal dumping.

2. The public works director may clean up and discard illegally discarded solid waste and charge the
generator the city’s related solid waste handling costs. The city may consider names or addresses on items
that it discovers in discarded or disposed solid waste (such as in litter or illegally dumped solid waste) as
sufficient evidence that the identified addressee is the owner of those items. Examples include any or all of
the following:

a. Addressed letters and packages;

b. Invoices, receipts and package labeling; and

c. Other correspondence.

3. Anyone may rebut that evidence by producing a written subscription, invoice or receipt documenting
that he meets both of the following conditions:

a. Subscribes to collection service from a franchised hauler or the city at least weekly; and

b. Has no record of discarding solid waste in excess of subscribed capacity.

D. Remedies. In addition or as an alternative to the remedies in subsection B of this section, the city may do either or both of the following:

1. Hold proceedings to declare a property a public nuisance and abate the nuisance under Article XIV of this
chapter; or

2. Declare summary abatement under law. (Ord. 702 § 1, 2019; Ord. 633 (Att. A), 2013).

Anyone discarding a dead animal must do all of the following:

A. Dispose of the animal within twenty-four hours of its death;

B. Dispose of the animal only in any of the following manners:

1. Delivery to reduction plant in compliance with law;

2. Cremation; and

3. Burial;

C. Comply with California Food and Agricultural Code Section 794.3, Sanitation Requirements.

The city may dispose of a dead animal and charge any owner that the city might identify for either or both the city’s actual handling costs or fines that the city may establish by resolution. (Ord. 633 (Att. A), 2013).

Article VIII. Recycling

The city may grant exclusive, partially exclusive or nonexclusive franchises for all or a portion of solid waste management services related to recycling (such as collection, processing and marketing) services under Section 8.12.406.

"Franchised recycler" means anyone who enters into a legal, valid and binding contract or franchise agreement with the city for all or a portion of solid waste management services relating to recycling (such as collection, processing and marketing) services under Section 8.12.802(B), which agreement is neither expired nor terminated.

(Ord. 633 (Att. A), 2013).

A. Mandatory Subscription. If the city does not provide recycling services, then residential generators must subscribe to recycling services from a waste management enterprise identified by the city unless the generator is exempted from this mandatory service requirement under either of the following:

1. Self-Haul. Article III of this chapter, Self-Haulers and Shared Subscribers;

2. Exempted Generator. Section 8.12.400(A), Sanctioned Haulers.

B. Mandatory Payment. Beginning on a date set by resolution of the city council, the city must do both of the following:

1. Directly (itself) or indirectly (through a franchised hauler or franchised recycler) provide all residential
generators with recycling services prescribed by the city; and

2. Include fees for recycling services in mandatory solid waste charges for generators under Article XIII of
this chapter;

unless the generator is exempted from this mandatory service requirement under either of the following:

a. Self-Haul. Article III of this chapter, Self-Haulers and Shared Subscribers;

b. Exempted Generator. Section 8.12.400(A), Sanctioned Haulers. (Ord. 633 (Att. A), 2013).

A. Mandatory Commercial Recycling. All businesses, including multifamily residential dwellings of five or more units that are required to recycle under AB 341, shall recycle and divert from the landfill recyclable materials generated by the business in accordance with this section.

1. Businesses subject to this section shall arrange for recycling services, consistent with state and local
laws, rules, regulations, and requirements, to the extent that these services are offered and reasonably
available from a local service provider. A business subject to this section shall take at least one of the
following actions:

a. Source separate recyclable materials from other solid waste and subscribe to a basic level of
recycling service that includes collection, self-hauling, or other arrangements for the collection of the
recyclable materials with the city’s authorized hauler;

b. Source separate recyclable materials from other solid waste and self-haul the recyclables to a
recycling or material recovery facility for processing; or

c. Source separate recyclable materials from other solid waste and arrange for pickup of the
recyclable materials for donation or sale. No fees of any sort may be paid for the recyclable materials,
including for collection, hauling, or processing. Reasonable documentation of donation or sale activities,
including donation or sale frequency, a description of recyclable materials being donated or sold, and
tonnage records of recyclable materials being donated or sold must be submitted to the director upon
request.

2. To comply with subsection B of this section, property owners or managers of multifamily dwellings may
require tenants to source separate their recyclables from other solid waste. Tenants must source separate
their recyclable materials as required by property of the owners or managers of multifamily dwellings subject
to this section.

3. A business meeting the conditions of subsection A of this section may request an exemption from the
requirements of subsection B of this section by submitting an application on a form prescribed by the public
works director or designee. After reviewing the exemption request, the director shall either approve or
disapprove the request. To be eligible for an exemption from the requirements of subsection B of this
section, the business must demonstrate that:

a. There are no recyclable materials being generated by any activities of the business;

b. There is inadequate storage space for the storage of recyclable materials; or

c. There is no viable market for the recyclable materials or recycling facility available.

B. Franchised Recycler. This subsection applies to franchised recyclers.

1. Recycling Service. Every franchised recycler must provide one of the following recyclables services to businesses:

   a. Collection of source separated recyclables discarded in separate containers;

   b. Processing of solid waste at a materials recovery facility; or

   c. Recycling service specified in agreements between recycler and the city.

   2. Recycling Education and Business Outreach Plan. Every franchised recycler must submit a plan for business recycling education and outreach to the city for approval, including any requirements in recycling service agreements between recycler and the city. It must implement that plan.

   3. Monitoring. Every franchised recycler must submit a protocol to the city for approval, including all of the following:

      a. Monitoring businesses’ compliance with the mandatory recycling law;

      b. Notifying businesses that are out of compliance; and

      c. Including any requirements in recycling service agreements between hauler and the city.

   4. Record Keeping and Reporting. Every franchised recycler must collect and record the following information and report it to the city on or before July 1st each year or within one month of city request:

      a. Business Compliance. The extent to which businesses have complied with Public Resources Code Section 42649.2, including the following information: i. The number of businesses that are subscribing to solid waste service (including recycling); and ii. The amount of disposal that is being diverted from the businesses;

      b. MRF Recovery Rates. The recovery rate of the commercial waste from any and all material recovery facilities that are utilized by the businesses, including all of the following:

      i. Information;

      ii. Methods, calculations; and

      iii. Any additional performance data requested by CalRecycle from the material recovery facilities

      pursuant to 14 CCR 18809.4;

      c. A description of their conducting education and outreach to businesses;

      d. A description of how they are monitoring businesses and notifying businesses that are out of compliance; and

      e. The availability of markets for collected recyclables. (Ord. 714 §2, 2021; Ord. 633 (Att. A), 2013).

A. Recycling Access Act. Owners of multifamily premises (or any other premises required under Chapter 18, Part 3, Division 30 of the California Solid Waste Reuse and Recycling Access Act of 1991 (Act)) must provide readily accessible areas that serve the entire building and are identified for the depositing, storage and collection of nonhazardous materials for recycling, including (at a minimum) paper, corrugated cardboard, glass, plastics and metals. Space allocation for recycling areas must comply with the Act.

B. Recycling Programs. Owners of multifamily premises described under subsection A of this section must develop a recycling plan within one month of public works director’s request and implement that approved plan. (Ord. 633 (Att. A), 2013).

A. Construction on All New Buildings--CALGreen Diversion Requirements. Everyone developing newly constructed buildings, including residential and nonresidential uses, must do all of the following:

1. Either or both recycle, reuse on site, or salvage for future use or sale the greater of the following:

a. A minimum of sixty-five percent or diversion required under CALGreen, whichever is more stringent,
of the nonhazardous C&D debris (excluding excavated soil and land-clearing debris and with respect to
nonresidential buildings, demolition waste necessary for constructing the new structure); or

b. The minimum amount required in this section and implementing resolutions;

2. Reuse one hundred percent of trees, stumps, rocks, and associated vegetation and soils resulting
primarily from land clearing, unless contaminated by disease or infested with pests;

3. Comply with the requirements of this section and all required components of the California Green
Building Standards Code, 24 CCR, Part 11, known as CALGreen; and

4. Submit a waste diversion plan under, and comply with, subsection C of this section.

"Newly constructed" excludes additions, alterations or repairs to a building.

"Residence" means any of the following: • A building of Occupancy Group R (under CALGreen) that is three stories or less; • One- or two-family dwelling or townhouse; or • Other building defined in CALGreen Section 202.

"Nonresidential buildings" means all buildings that are not low-rise residences.

B. Additions and Alterations to Existing Nonresidential Buildings--CALGreen Requirements. Everyone making additions or alterations to nonresidential buildings must comply with subsection A of this section.

C. Additions, Alterations, Repair and Demolition of Existing Buildings--The City’s Covered Projects.

1. Process.

a. Submission of Waste Management Plan. Prior to beginning demolition or making additions or
alterations to a covered project everyone must submit both of the following to the city:

i. A waste management plan; and

ii. Any diversion deposit.

Examples of existing construction include renovation, repair or expansion of existing buildings or other
improvement (such as retaining walls and parking lots). The director may require the project to use
specific forms such as those in "A Guide to the California Green Building Standards Code (Low-Rise
Residential)" located at www.hcd.ca.gov/CALGreen.html.

The project must deliver project waste only to waste management facilities (including mixed C&D debris
processors) that provide verifiable documentation of the percentage of diverted C&D debris. The public
works director may approve any or all diversion facilities.

b. Minimum Diversion. The waste management plan must estimate diversion of at least a minimum percentage of solid waste (including C&D debris but excluding clean inerts) generated by the project, as set by resolution of the city council.

c. Approval of Waste Management Plan. Before issuing a construction or demolition permit the city must
approve the waste management plan, except in case of emergency demolition.

d. Construction and Demolition. The project must recycle and reuse at least the minimum percentage of
solid waste. It must separate types of salvageable materials on site to maximum extent feasible,
including:

i. Appliances, fixtures, plumbing;

ii. Metals;

iii. Dimensional lumber;

iv. Wallboard, concrete; and

v. Corrugated cardboard.

e. Records. The project will keep separate records of the waste generated, diverted, and disposed from
construction and demolition, respectively, as follows:

i. By weight, or if weight is not measured (for example due to small size of materials), using the
most accurate method of measurement available;

ii. Complying with law respecting accuracy and maintenance of records; and

iii. Measured in units required by the public works director (such as tons that are weighed or
volume converted to tons using standardized conversion rates established by the public works
director).

f. City Monitoring. The city may monitor construction and demolition on site to corroborate diversion
of solid waste.

g. Report.

i. A construction or demolition project must submit documentation showing that it complied with
its waste management plan before the city can inspect the project, issue any certificate of
occupancy or give final project approval.

ii. A construction and demolition project must submit documentation before the city can issue a
construction permit.

Documentation must include actual tonnage data, such as receipts and weight tags (either original or
certified by the entity accepting delivery) issued by recycling companies, deconstruction contractors, and
disposal facilities.

h. Evaluation of Report. The city will evaluate the documentation and determine whether or not the
project complied with its waste management plan and diverted the requisite percentage of solid waste. It
will base its determination on receipts and weight tags or other documentation it finds acceptable.

i. Approval of Report--Issuance of Permit--Return of Deposit. If the city approves the report, it will return all or part of the project’s deposit, proportionate to the documented diversion. (For example, if the waste management plan projected diversion of one ton, but the project documented diversion of only one-half ton, the city will return half of the project’s deposit.) Compliance with this chapter is a condition of approval on any existing construction or demolition permit issued for a covered project.

The city encourages construction and demolition projects that are not covered projects to divert the maximum feasible amount of solid waste from diversion.

"Covered project" means existing construction and demolition projects (including city or
county projects) that meet the applicable threshold(s) set in a resolution adopted by the city
council in form then in effect, based on any or all of the following:
• The project’s projected total costs;

• The project’s square feet; and
• Types of projects (such as multifamily residences, or city/county projects).
"Covered project" does not include projects exempted under subsection (C)(2) of this section.

"Waste management plan" means a form prescribed by the city including all of the
following:
• Estimated amount: the estimated volume or weight of project waste by material type:
º Generated;
º Feasibly diverted; and
º Disposed;
• Sorting: whether or not materials will be sorted on site (source separated) or bulk mixed
(single stream);
• Hauler: the vendor(s) that the project proposes to use to haul the project waste;
• Diversion facilities: facility(s) where C&D debris will be delivered, and the expected
diversion rates (by volume or weight) of each material type;
• Construction methods that will be used to reduce generation of C&D debris; and
• Any other information required by public works director.

"Diversion deposit" means deposit in form and amount set in a resolution of the city council,
as may be amended. Examples include the following:
• Cash;
• Letter of credit;
• Performance bond;
• Surety bond; and
• Money order.
Examples of amount might be fixed or charged in proportion to the project’s square footage
or projected costs.

2. Exemptions.

a. Categorical Exemptions. This section does not apply to any or all of the following:

i. Projects which do not meet the minimum threshold set by the city council;

ii. Work for which a building or demolition permit is not required;

iii. Roofing projects that do not include tear-off of existing roof;

iv. Projects for which only a plumbing, electrical, or mechanical permit is required;

v. Seismic tie-down projects;

vi. Projects where no structural building modifications are required;

vii. Emergency demolition required to protect the public health and safety.

The city encourages, but does not require, exempt projects to divert the maximum feasible amount of
solid waste.

b. Requested Whole or Partial Exemptions.

i. Request for Exemption. If a covered project believes that it is not possible to meet the minimum
diversion requirement, it may request an exemption in its waste management plan. It must include
information supporting its request.

ii. Review of Request. The city will review the waste management plan, including the request for
exemption and supporting information. The covered project will meet with the city upon city
request to discuss possible ways of meeting the minimum diversion requirement and maximizing
possible diversion.

iii. Granting an Exemption. If the city determines that the covered project cannot feasibly meet the
minimum diversion requirement, it will determine the maximum feasible diversion and report it to
the covered project.

iv. Resubmission of Amended Waste Management Plan. The covered project must resubmit its waste
management plan, including the reduced diversion requirement, within fifteen days. The city will
disapprove the waste management plan if it does not comply with subsection A of this section and
this subsection. (Ord. 714 §3, 2021; Ord. 633 (Att. A), 2013).

A. Recycling Obligations.

1. Information. The operator of every large venue and large event (as defined in Public Resources Code
Section 42648) must review information provided by the city when securing a permit, such as the following:

a. Description of programs that can be implemented to reduce, reuse, and recycle solid waste
materials generated at the venue or event; and

b. Contact information about where solid waste materials may be donated, recycled or composted,
such as the following:

i. CalRecycle’s website or other appropriate website;

ii. Direct mailings;

iii. Brochures;

iv. Other relevant literature.

2. Recycling. The operator of a large venue or large event will comply with Public Resources Code Section
42648.4, including meeting with recyclers and the solid waste enterprise that provides solid waste handling
services to the large venue or large event to determine the solid waste reduction, reuse, and recycling
programs that are appropriate for the large venue or large event. Events may include either or both of the
following:

a. A solid waste reduction, reuse, and recycling plan that would achieve projected solid waste
reduction, reuse, and recycling rates; and

b. A timeline for implementing the plan and achieving those rates.

3. Reporting. The operator of a large venue or large event must give the city the following documented
information on or before each July 1st, and within one month of city request:

a. Name, location, and a brief description of the venue or event;

b. A brief description of the types of wastes generated;

c. Types and estimated amount of materials disposed and diverted, by weight;

d. Existing solid waste reduction, reuse, and recycling programs that the operator of the large venue or
large event utilizes to reduce, reuse, and recycle the solid waste; and

e. If the operator cannot implement a program as provided in its solid waste reduction, reuse, and
recycling plan, a brief explanation for the delay.

4. The operator must comply with Public Resources Code Sections 42648 through 42648.7, Large Venue
Recycling.

B. Fees. The city may charge and collect a fee from an operator of a large venue or large event in order to recover the city’s estimated costs incurred in complying with Public Resources Code Sections 42648 through 42648.7. (Ord. 633 (Att. A), 2013).

Businesses subject to the requirements of AB 1826 shall fully comply with all applicable AB 1826 regulatory requirements or be subject to the penalties as prescribed in Chapters 1.08 and 1.20 and Article XI (Enforcement) of this chapter.

Those requirements include, but are not necessarily limited to, the following:

A. Commercial Recycling and Organics Collection Required.

1. Each covered generator shall subscribe to a level of service with the franchised hauler that is sufficient to
handle the volume of organic materials generated or accumulated on the premises, or complete and retain
on site a self-hauling form certifying that all self-hauling activities will be completed in accordance with Article
X of this chapter or any other applicable law or regulation. The commercial generator shall make a copy of
such form available upon request.

2. Additionally, each covered generator shall ensure the proper separation of solid waste, as established by
the franchised hauler, by placing each type of material in designated receptacles or containers and ensure
that employees, contractors, volunteers, customers, visitors, and other persons on site conduct proper
separation of solid waste.

B. Exemptions to Mandatory Commercial Organics.

1. The following shall be exempt from the requirements of this section prior to January 1, 2022, at which
time the exemptions specified in Section 8.12.807 (SB 1383 Regulatory Compliance) shall apply:

a. Covered generators that can provide documentation to the satisfaction of the city that less than
one-half a cubic yard of organic materials per week are generated by that commercial generator, its
employees, customers, tenants, business practices, and other persons or processes which occur on the
premises of the covered generator.

b. Covered generators that can provide documentation to the satisfaction of the city that there is
inadequate space for the covered generator to store sufficient containers for recyclable materials and
organic materials on site and that it is infeasible for the covered generator to share recyclable materials
or organic materials containers with adjacent commercial facilities or multifamily dwellings.

c. Covered generators seeking an exemption shall submit their request for exemption in a form
specified by the public works director or his or her designee. After reviewing the exemption request, and
after an on-site review, if applicable, the public works director or his or her designee may either approve
or deny the exemption request. (Ord. 714 §4, 2021).

Article IX. Solid Waste Facilities

"Solid waste handling facility" means a site, building or other facility located in the city that accepts delivery of solid waste, such as the following: • A biomass conversion facility;

• A compost facility; • A gasification facility; • A disposal facility; • A disposal site; • A processing facility; • A recycling facility; • A transfer station; • A transformation facility; • A landfill; • A premises where someone receives, stores, transfers or otherwise processes solid wastes

as an activity incidental to the conduct of a refuse collection and disposal business; and • A solid waste facility defined in California Public Resources Code Section 40194, including nondisposal facilities defined in California Public Resources Code Section 40151.

The public works director may establish rules and regulations under this chapter to develop solid waste handling facilities, including city permit requirements. "Develop" includes siting, design, permitting, construction and operation.

The city may either or both own or operate solid waste handling facilities under solid waste handling law. (Ord. 633 (Att. A), 2013).

Every owner and operator of a solid waste handling facility must comply with solid waste handling law when developing a solid waste handling facility, including the following:

A. City zoning law (regarding the siting of the facility in properly zoned areas of the city);

B. City requirements for CUP (regarding the requirement to obtain conditional use permits from the city);

C. Public Resources Code Section 44001 et seq., and the corresponding regulations in 14 CCR (regarding the requirement to obtain solid waste facility permits from CalRecycle);

D. State minimum standards for solid waste handling and disposal and corresponding regulations in 14 CCR 17200 et seq. (operation and maintenance requirements); and

E. Laws governing air emissions and water discharge and applicable permits. (Ord. 633 (Att. A), 2013).

Every owner and operator of a facility must allow the city to inspect the facility during both of the following times:

A. Posted operating hours; and

B. Any time in event of a threat to public health or safety, in the opinion of the public works director. (Ord. 633 (Att. A), 2013).

Every owner and operator of solid waste handling facility that accepts delivery of solid waste from the public must post facility rates in a visible location at the entrance to the facility. (Ord. 633 (Att. A), 2013).

Article X. Regulations and Law

A. Promulgation. The city manager may make rules and regulations to implement, interpret, administer and enforce this chapter and prescribe the manner of providing safe, economical and efficient solid waste handling that complies with law, such as restricting hours during which haulers may collect solid waste or the manner of providing business recycling. The city council by resolution may establish requirements for making and protesting the rules and regulations.

B. Noncompliance. Failure to comply with any regulation is unlawful and constitutes a violation of this chapter. (Ord. 633 (Att. A), 2013).

Solid waste handling law applies in the city. Noncompliance is a violation of this chapter. The city may, but is not obligated to, take enforcement actions or seek remedies for violation of that law as it would enforce actions or seek remedies for violation of this chapter.

"Solid waste handling law" means any or all of the following that are enacted, adopted,
promulgated, issued, ruled, ordered, determined or otherwise made by any regulatory
authority with respect to solid waste handling:
• Laws, statutes;

• Rules, regulations;
• Guidelines;
• Permits;
• Actions, determinations, judgments, orders; and
• Other legal requirements.

"Regulatory authority" means any federal, state or local governmental unit (whether a
separate entity or a department or division of the federal, state or any local government) that
does any or all of the following:
• Promulgates law with respect to solid waste handling;
• Regulates solid waste handling; or
• Enforces law applicable to solid waste handling.

Examples of Solid Waste Handling Law

Environmental (1) Comprehensive Environmental Response, Compensation and
Protection Liability Act of 1982 (42 U.S.C. Section 9601 et seq.)("CERCLA");
(2) Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et
seq.) ("RCRA");
(3) Clean Air Act (42 U.S.C. Section 1351 et seq., 42 U.S.C. Sections
7401 through 7642); and California Clean Air Act (Health and Safety
Code Section 1251 et seq. and Health and Safety Code Section 39000
et seq.);
(4) California Hazardous Waste Control Act (California Health and
Safety Code Section 25100 et seq.);
(5) California Hazardous Materials Release Response Plan and
Inventory Act (California Health and Safety Code Division 20, Chapter
6.95, Section 25500 et seq.);
(6) Carpenter-Presley-Tanner Hazardous Substance Account Act
(California Health and Safety Code Section 25300 et seq.);
(7) Emergency Planning and Community Right to Know Act (42 U.S.C.
Section 11001 et seq.);
(8) Integrated Waste Management Act of 1989 (Public Resources Code
Section 40000 et seq.)

Vehicles (1) California Health and Safety Code Section 43000 et seq. with
respect to air emissions (smog checks);
(2) California Vehicle Code Section 27456b with respect to tires;

Examples of Solid Waste Handling Law

(3) California Vehicle Code Section 34500 et seq. with respect to
documentation through its maintenance log or otherwise of a safety
compliance report issued under Division 14.8 of the California Vehicle
Code as applicable to each vehicle, including biannual "BIT"
inspections conducted by the California Highway Patrol;

(4) Rules and regulations promulgated under the California Vehicle
Code with respect to vehicle highway lighting, flashing and warning
lights, clearance lights, and warning flags;
(5) Rules and regulations of the California Department of Motor
Vehicles with respect to vehicle registration;
(6) Vehicle weight limits;
(7) The appropriate class of drivers’ licenses issued by the California
Department of Motor Vehicles;
(8) Control Measure for Diesel Particulate Matter from On-Road
Heavy-Duty Residential and Commercial Solid Waste Collection
Vehicles, 13 CCR 2020 et seq.;
(9) 14 CCR 17341, 17342, 17343 and 17344, with respect to equipment
construction, safety, and parking and identification of operating
equipment

Containers (1) 14 CCR 17314 with respect to maintenance and placement of
containers;
(2) 14 CCR 17317 with respect to placing identifying name and
telephone number on container

Labor (1) Occupational Safety and Health Act (29 U.S.C. Section 651 et seq.), including the Solid Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 (40 C.F.R., Parts 257 and 258); and the California Occupational Safety and Health Act (California Labor Code Division 5, Parts 1 through 10, Section 6300 et seq.) and rules and regulations of California Division of Occupational Safety and Health; (2) Immigration Reform and Control Act of 1986 (PL.99-603)

Miscellaneous (1) Civil Rights Act of 1964 (Subchapter VI or Chapter 21 of Title 42)

(Ord. 633 (Att. A), 2013).

Article XI. Enforcement

The public works director is authorized to administer, implement and enforce this chapter and promulgate related solid waste policy, unless this chapter expressly names another person. The public works director or other named person may request assistance from others or request that others administer, implement and enforce all or a portion of this chapter. Examples include any or all of the following:

A. The city finance department or the auditor-controller (for example, with respect to auditing franchise fees);

B. The city administrative services department or the city utility billing department (for example, with respect to billing and collecting franchise and permit fees);

C. The city public works department or city engineer (for example, checking solid waste vehicle requirements);

D. The city police department (for example, enforcing scavenging prohibitions);

E. The city attorney (for example, exercising the city’s civil remedies for violations of this chapter);

F. Other city departments and officials designated in city policy;

G. District attorney (for example, prosecuting misdemeanors);

H. Local enforcement agency (for example, with respect to solid waste handling facilities’ permit compliance); and

I. State Department of Health Services (for example, with respect to illegal disposal of infectious waste). (Ord. 633 (Att. A), 2013).

A. Disregard of or Disobeying Chapter Provisions.

1. Each Failure. Each failure to comply with this chapter or any regulation promulgated under this chapter
constitutes a separate violation. For example:

a. Scavenging recyclables under Section 8.12.501 is a separate violation for each recycling container
from which someone removes recyclables.

2. Each Day. Each day a failure continues is a separate violation. For example:

a. Each day that an exempt hauler fails to repair its collection vehicle under Article IV of this chapter
(such as replacing a broken turn signal) until the vehicle is repaired; and

b. Each day that someone stores solid waste on her premises in excess of permissible times in Section
8.12.201.

B. Infraction. Violation by a generator or self-hauler is an infraction.

C. Misdemeanors. Violation by an exempt hauler, franchised hauler, or permitted recycler is a misdemeanor.

D. Infractions or Misdemeanors. At the option of the city attorney, the city may enforce violation for noncompliance with the following sections as either an infraction or a misdemeanor:

1. Article V of this chapter, Scavenging;

2. Article VI of this chapter, Solid Waste Transportation;

3. Article VII of this chapter, Solid Waste Disposal;

4. Article VIII of this chapter, Recycling;

5. Article IX of this chapter, Solid Waste Facilities.

E. Enforcement Actions and Remedies.

1. Available Enforcement Actions and Remedies. If the director believes that a person has disregarded or
disobeyed any provision of this chapter (whether in the capacity of a principal, agent, employee or otherwise),
then the director may do either or both of the following:

a. Institute any administrative or judicial enforcement action; and

b. Exercise any legal or equitable remedy available to the city under law, such as the following:

i. Criminal prosecution seeking punitive penalties or imprisonment;

ii. Civil actions seeking injunctive relief;

iii. Civil suits seeking damages or civil penalties, including the costs of any corrective action that
the director deems necessary to mitigate consequences of violations, whether acts or omissions;

iv. Proceedings to declare a property a public nuisance and abate the nuisance under the city
code, or summary abatement as permitted by law.

Either the city attorney or district attorney may institute these actions and exercise these remedies.

F. Cumulative, Not Exclusive. Enforcement actions and remedies are cumulative, not mutually exclusive. The public works director may institute any single enforcement action or exercise any single remedy or a combination of multiple enforcement actions and remedies, separately or simultaneously. The public works director need not conclude any particular enforcement action or exhaust any particular remedy before instituting one or more other enforcement actions or exercising one or more other remedies. (Ord. 633 (Att. A), 2013).

Article XII. Reserved Rights, Waiver and Recourse

In addition to any other rights that the city reserves under this chapter, the city reserves the following:

A. Rights, powers and authorities, and the exercise thereof;

B. Under any law, including any ordinance or resolution of the city, whether enacted before or after the effective date of this chapter;

C. Rights, powers and authorities, and their exercise, to amend any provision of this chapter, including additional or more stringent standards of solid waste handling. (Ord. 633 (Att. A), 2013).

Neither the granting or approval of any franchise, registration, certification or other authorization nor any provision of any authorization constitutes a waiver of or a bar to the exercise of any governmental right, power or authority of the city. (Ord. 633 (Att. A), 2013).

No one that the city authorizes to provide solid waste handling services (including a franchisee, permittee, licensee, registrant or certificate holder) has any recourse against the city, its officers, employees or agents for any loss, cost, expense or damage arising out of any or all of the following:

A. Any provision of this chapter;

B. Administration, implementation and enforcement of this chapter; and

C. Any franchise, permit, license, registration, certification or authorization made under this chapter. (Ord. 633 (Att. A), 2013).

Article XIII. Collection Charges and Liens

Charges for services offered or required to be performed under this chapter from residences, businesses, and commercial and industrial establishments by the city shall be paid in advance, and shall be jointly billed and collected for with the billing for water services furnished by the Wasco Public Utility District whenever it is possible to do so.

The charge upon each establishment or resident shall be due for the availability of the service regardless of whether the user affords himself of the service or not, and charges shall be made in accordance with the rates (or maximum rates) established therefor, as may be set or modified by resolution of the city council. Any fine, penalty, interest, or costs imposed on a violator of this chapter under Chapter 1.20 may, in addition to all other remedies available to the city thereunder, be added to the violator’s water bill described in Section 13.14.030 and thereafter be subject to enforcement therein including, without limitation, disconnection or turnoff of water service. (Ord. 639 §1, 2014; Ord. 633 (Att. A), 2013).

Any new service requested or ordered by an occupant of a premises not owned by the occupant shall pay a deposit to be established by the city council by resolution or ordinance. The deposit shall be maintained, used, and otherwise administered as more particularly described in Section 13.08.030. (Ord. 653 §1(A), 2015; Ord. 633 (Att. A), 2013).

Article XIV. Nuisance Abatement

Any accumulation of garbage, rubbish or refuse, on or in any street, sidewalk or alley within the city, which is not contained or disposed of, as required by this chapter, is declared to be a public nuisance, which nuisance shall be abated as provided in this chapter. (Ord. 633 (Att. A), 2013).

It shall be the duty of every property owner to properly dispose of all garbage, rubbish, or refuse from his private property and from the abutting half of the street and/or alley adjacent to the property, and between the side lines thereof as extended as required by this chapter. The word "street," as used in this chapter, shall be deemed to include the sidewalk space thereof. (Ord. 633 (Att. A), 2013).

A. Whenever any such garbage, refuse or rubbish accumulates upon any private property or on the abutting half of any street, sidewalk space and/or alley within the city, it shall be the duty of the code enforcement officer to notify the owners of the property in writing about the accumulation of the garbage, rubbish or refuse, and inform them that, unless the nuisance is abated without delay by the removal of such garbage, refuse or rubbish, the work of abating such nuisance and removing the garbage, rubbish or refuse will be done by the city authorities, and the expense thereof assessed against the property.

B. Whenever used in this chapter, "code enforcement officer" means the code enforcement officer, his assistant, deputies, or other public officer that may be designated by the city manager to perform the duties imposed in this chapter. (Ord. 633 (Att. A), 2013).

A. The abatement notice shall be substantially in the following form:

NOTICE TO ABATE GARBAGE, RUBBISH AND REFUSE

NOTICE IS HEREBY GIVEN, pursuant to the provisions of Chapter 8.12, that certain garbage, rubbish or refuse has accumulated upon property owned by you and/or on the abutting half of the street, sidewalk space and/or alley which you are responsible for and which is a public nuisance.

YOU ARE HEREBY NOTIFIED to remove and properly dispose of all such garbage, rubbish or refuse that has accumulated on your property, and/or in the front, side or rear of said property between the side lines thereof as extended to the center line of the street or alley, within seven (7) days from the date of this notice or such garbage, rubbish or refuse will be removed and said nuisance abated by the City, in which case the cost of removal will be assessed upon your said property, and will constitute a lien thereon until paid, and unless paid as provided, will be collected on the next tax roll upon which general City taxes are collected.

YOU ARE FURTHER NOTIFIED to appear before the City Council of said City at its meeting on , the day of, 20, at ______ o’clock P.M., in the Council Chambers of the City Hall in the City of Wasco, California, and show cause, if any you have, why said nuisance should not be found to exist and the same ordered abated as provided in Chapter 8.12.

Dated _______________, 20.

Code Enforcement Officer of the City of Wasco.

B. The code enforcement officer shall mail a copy of the abatement notice to each and every owner of real property on which, and/or the abutting half of the street, sidewalk space and/or alley on which, such a nuisance exists, whose name and address appears on the last equalized assessment roll for city taxes, or as known to the code enforcement officer, mailing the copies of notices to the addresses given or as otherwise known to him, he shall cause a copy of the notice to be conspicuously posted on the property affected. The notices so posted shall be substantially the same as the notices mailed. The mailing or posting of all notices shall be done and completed at least ten days before the time fixed for the hearing. The failure of any property owner to receive such notice shall not deprive the city council of jurisdiction to proceed, or affect in any manner the validity of the proceedings taken or to be taken, or of any assessment levied under this chapter. (Ord. 633 (Att. A), 2013).

The code enforcement officer shall attend the meeting of the city council at the time designated in the notice, to show cause, provide evidence and report on any other matters desired by the city council concerning the nuisance. Thereupon, if satisfied that the nuisance exists, the city council shall, by resolution, find the nuisance to exist, and order the code enforcement officer to proceed with the work of abating the nuisance, pursuant to the provisions of this chapter. (Ord. 633 (Att. A), 2013).

When the work is done the city shall keep an account of the cost of abating such nuisances and shall embody the account in a report and assessment list to the city council, which shall be filed with the city clerk. The code enforcement officer shall post a copy of the report and assessment list on the bulletin board near the entrance door to the City Hall, together with a notice of filing the same and of the time and place when and where it will be submitted to the city council for confirmation at least ten days before the day fixed therein. He shall also mail copies of the notice to all the owners of property affected by the assessment and post a copy on the property. The notices shall be substantially in the following form:

NOTICE OF FILING REPORT AND ASSESSMENT LIST FOR GARBAGE, RUBBISH OR REFUSE ABATEMENT, AND OF HEARING THEREON.

NOTICE IS HEREBY GIVEN that the Code Enforcement Officer of the City of Wasco has filed with the City Clerk of said City a report and assessment list on abatement of garbage, rubbish or refuse within said City, a copy of which is posted on the Bulletin Board at the entrance to the City Hall.

Your property will be assessed therein in the sum of $_______.

NOTICE IS FURTHER GIVEN that on ____________, 20, at the hour of ___________ o’clock P.M. in the Council Chambers of said City Hall said report and assessment list will be presented to the Council of the City for consideration and confirmation, and any and all persons interested, having any objections to said report and assessment list, or to any other matter or thing relating thereto, may appear at said time and place and be heard.

NOTICE IS FURTHER GIVEN that you may pay said assessment at the office of the Finance Director at any time before five o’clock P.M. of _________, 20, and if not paid within that time it will be entered against your property on the City tax roll.

Dated:__________, 20.

(Ord. 633 (Att. A), 2013).

Article XV. Mandatory Organic Waste Disposal Reduction

A. Definitions. For the purposes of this article, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this code shall have the same meanings herein unless the context otherwise requires. In the event of a conflict between a definition in another part of this code and a definition in this article, the definition in this article shall control for purposes of this article. In the event of a conflict between a definition in this code, including this article, and a definition in 14 CCR Section 18982, the definitions in 14 CCR Section 18982 shall control for the purposes of this article. Additionally, for the purposes of this article, the definitions in 14 CCR Section 18982 shall control for terms used in this article and not defined in this code. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time.

"Blue container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of source separated recyclable materials.

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

"CalRecycle" means the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on the city (and others).

"C&D" means construction and demolition debris.

"City enforcement official" means the director of public works or the city’s authorized designee(s) who is/are partially or wholly responsible for enforcing this article.

"City manager" means the city manager of the city or his or her designee.

"Collection service(s)" means the collection of organic waste and/or source separated recyclable materials by the city, a franchised hauler or franchised recycler, as applicable.

"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; or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this article.

"Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined herein. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

"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 one hundred cubic yards and seven hundred fifty 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 article.

"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4).

"Compostable plastic(s)" means plastic materials that meet the ASTM D6400 standard for compostability; or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

"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).

"County" means the county of Kern.

"Designee" means an entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this article as authorized in 14 CCR Section 18981.2; or as otherwise defined in 14 CCR Section 18982(a)(15). A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

"Direct service provider" means a person, company, agency, district, or other entity that provides a service or services to the city pursuant to a contract or other written agreement, or as otherwise defined in 14 CCR Section 18982(a)(17).

"Director of public works" means the director of public works of the city or his or her designee.

"Edible food" means food intended for human consumption; or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this article or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this article or in 14 CCR Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

"Enforcement action" means an action of the city to address noncompliance with this article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies; or as otherwise defined in 14 CCR Section 18982(a)(19).

"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city enforcement official’s, or its designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores; or as otherwise defined in 14 CCR Section 18982(a)(22).

"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

"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," unless otherwise defined in 14 CCR Section 18982(a)(25), 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:

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

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

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

A food recovery organization is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"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). A food recovery service is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, fats, grease, and eggshells. Food scraps exclude cooking oils.

"Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations; or as otherwise defined in 14 CCR Section 18982(a)(27).

"Food-soiled paper" means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

"Food waste" means food scraps and food-soiled paper.

"Generator" means a person or entity that is responsible for the initial creation of solid waste, and with respect to organic waste, 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).

"Gray container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of gray container waste. Pursuant to 14 CCR Section 18982, "gray container" includes a container where either (1) the lid of the container is gray or black in color, or (2) the body of the container is gray or black and the lid is gray or black.

"Gray container waste" means solid waste that is collected in a gray container that is part of the city’s three- container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Section 18984.1(a) and (b); or as otherwise defined in 14 CCR Section 17402(a)(6.5). Notwithstanding the preceding sentence, gray container waste includes carpets unless otherwise specified by the city.

"Green container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of source separated green container organic 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).

"Hauler route" means the designated itinerary or sequence of stops for each segment of the city’s collection service area; or as otherwise defined in 14 CCR Section 18982(a)(31.5).

"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 fifty percent between January 1, 2022, and December 31, 2024, and seventy-five 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).

"Inspection" means a site visit where the 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 article; or as otherwise defined in 14 CCR Section 18982(a)(35).

"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 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; or as otherwise defined in 14 CCR Section 18982(a)(38).

"Large venue," unless otherwise defined in 14 CCR Section 18982(a)(39), means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this article and implementation of 14 CCR Division 7, Chapter 12, 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. For purposes of this article 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.

"Local education agency" means a school district, charter school, or county office of education that is not subject to the control of the city’s regulations related to solid waste set forth in this article; or as otherwise defined in 14 CCR Section 18982(a)(40).

"Mixed waste organic collection stream" or "mixed waste" means organic waste collected in a container that is required by 14 CCR Section 18984.1 to be taken to a high diversion organic waste processing facility; or as otherwise defined in 14 CCR Section 17402(a)(11.5).

"Multifamily residential dwelling(s)" or "multifamily" means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities.

"MWELO" refers to the model water efficient landscape ordinance (MWELO), 23 CCR Division 2, Chapter 2.7.

"Noncompostable paper" includes, but is not limited to, paper that is coated in a plastic material that will not break down in the composting process; or as otherwise defined in 14 CCR Section 18982(a)(41).

"Nonlocal entity" means the following entities that are not subject to the city’s enforcement authority with respect to the city’s regulations related to solid waste set forth in this article; or as otherwise defined in 14 CCR Section 18982(a)(42):

1. Special district(s) located within the jurisdictional boundaries of the city;

2. Federal facilities, including military installations, located within the jurisdictional boundaries of the city;

3. Prison(s) located within the jurisdictional boundaries of the city;

4. Facilities operated by the state park system located within the jurisdictional boundaries of the city;

5. Public universities (including community colleges) located within the jurisdictional boundaries of the city;

6. County fairgrounds located within the jurisdictional boundaries of the city; and

7. State agencies located within the jurisdictional boundaries of the city.

"Nonorganic recyclables" means nonputrescible and nonhazardous recyclable wastes, including but not limited to bottles, cans, metals, plastics and glass; or as otherwise defined in 14 CCR Section 18982(a)(43).

"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.

"Organic waste" means solid waste 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; or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"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).

"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).

"Prohibited container contaminants," unless otherwise defined in 14 CCR Section 18982(a)(55), means the following: (1) discarded materials placed in the blue container that are not identified by the city as acceptable source separated recyclable materials for the blue container; (2) discarded materials placed in the green container that are not identified by the city as acceptable source separated green container organic waste for the green container, including carpet, hazardous wood waste and noncompostable paper; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials to be placed in the blue container or source separated green container organic waste to be placed in the green container; and (4) excluded waste placed in any container.

"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).

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

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on premises or immediate consumption; or as otherwise defined in 14 CCR Section 18982(a)(64).

"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, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the California Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the California Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants.

"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.

"Self-hauler," unless otherwise defined in 14 CCR Section 18982(a)(66), means a person, who, in compliance with all applicable requirements of this code, hauls solid waste, organic waste or recovered material he or she has generated to another person, and includes a person who back-hauls waste. Unless 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.

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

"Solid waste," unless otherwise defined in California Public Resources Code Section 40191, means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

1. Hazardous waste, as defined in California Public Resources Code Section 40141.

2. Radioactive waste regulated pursuant to the California Radiation Control Law (Chapter 8 (commencing
with Section 114960) of Part 9 of Division 104 of the California Health and Safety Code).

3. Medical waste regulated pursuant to the California Medical Waste Management Act (Part 14
(commencing with Section 117600) of Division 104 of the California Health and Safety Code). Untreated
medical waste shall not be disposed of in a solid waste landfill, as defined in California Public Resources Code
Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated
pursuant to Division 30 of the California Public Resources Code.

"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return 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; or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this article, source separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.

"Source separated blue container organic waste" means source separated organic waste that can be placed in a blue container that is limited to the separate collection of that organic waste and nonorganic recyclables. Source separated blue container organic waste excludes source separated green organic waste, but includes paper products, printing and writing paper, wood and dry lumber and textiles unless otherwise specified by the city.

"Source separated green container organic waste" means source separated organic waste, including food waste, that can be placed in a green container that is limited to the separate collection of organic waste. Source separated green container organic waste excludes source separated blue container organic waste, carpets, noncompostable paper, and textiles unless otherwise specified by the city.

"Source separated recyclable materials" means source separated nonorganic recyclables and source separated blue container organic waste.

"State" means the state of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, 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; or as otherwise defined in 14 CCR Section 18982(a)(73):

1. Supermarket.

2. Grocery store with a total facility size equal to or greater than ten thousand square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following; or as otherwise defined in 14 CCR Section 18982(a)(73):

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

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

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

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to
or greater than five thousand square feet.

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

"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 18982(a)(76).

B. SB 1383 Regulatory Requirements. Organic waste generators, haulers and other entities subject to the requirements of SB 1383 and the SB 1383 regulations that are subject to the city’s authority shall fully comply with the applicable requirements of SB 1383, the SB 1383 regulations, this article and the provisions of any collection agreement between the city and a sanctioned hauler in effect. (Ord. 716 §1, 2021).

Notwithstanding anything to the contrary in this code, and in addition to any applicable requirements in this code not inconsistent with the requirements of this article, single-family organic waste generators shall comply with the following requirements:

A. Except for single-family organic waste generators that meet the shared subscriber or self-hauler requirements of this code, including any rules and regulations of the city which implement, interpret, administer and enforce this chapter, single-family organic waste generators shall subscribe to the city’s three-container organic waste collection services for all organic waste generated as described below in subsection B of this section. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

B. Except for single-family organic waste generators that meet the self-hauler requirements of this code, including any rules and regulations of the city which implement, interpret, administer and enforce this chapter, single-family organic waste generators shall participate in the city’s organic waste collection services by placing designated materials in designated containers as described in this subsection, and shall not place prohibited container contaminants in collection containers. Generators shall place source separated green container organic waste in the green container; source separated recyclable materials (which includes source separated nonorganic recyclables and source separated blue container waste) in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container. (Ord. 716 §1, 2021).

commercial businesses.

Notwithstanding anything to the contrary in this code, and in addition to any applicable requirements in this code not inconsistent with the requirements of this article, commercial organic waste generators and commercial businesses shall comply with the following:

A. Except for commercial organic waste generators that meet the shared subscriber or self-hauler requirements of this code, including any rules and regulations of the city which implement, interpret, administer and enforce this chapter, commercial organic waste generators, including multifamily residential dwellings, shall subscribe to the city’s three-container organic waste collection services and comply with requirements of those services as described below in subsection B of this section. The city shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

B. Except for commercial organic waste generators that meet the self-hauler requirements of this code, including any rules and regulations of the city which implement, interpret, administer and enforce this chapter, commercial organic waste generators, including multifamily residential dwellings, shall participate in the city’s organic waste collection services by placing designated materials in designated containers as described in this subsection, and shall not place prohibited container contaminants in collection containers. Generators shall place source separated green container organic waste in the green container; source separated recyclable materials (which includes source separated nonorganic recyclables and source separated blue container waste) in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.

C. Commercial organic waste generators, except for multifamily residential dwellings, shall provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the commercial business shall have either:

1. A body or lid that conforms with the container colors provided through the organic waste collection
service provided by the city. A commercial business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection or
to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary material
accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic
images that indicate the primary materials accepted and primary materials prohibited in the container; or as
otherwise provided in 14 CCR Section 18984.8.

D. Commercial organic waste generators, including multifamily residential dwellings, shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming to subsections (C)(1) and (C)(2) of this section) for employees, contractors, tenants, and customers, consistent with the city’s collection service and Article 3 of Chapter 12 of Division 7 of 14 CCR.

E. Commercial organic waste generators, except for multifamily residential dwellings, shall prohibit employees from placing materials in a container not designated for those materials per the city’s blue container, green container, and gray container collection service pursuant to 14 CCR Section 18984.1(a)(5).

F. Commercial organic waste generators, except for multifamily residential dwellings, shall periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

G. Commercial businesses, including multifamily residential dwellings, shall annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

H. Commercial businesses, including multifamily residential dwellings, shall provide information as described in subsection G of this section, before or within fourteen days of occupation of the premises to new tenants.

I. Commercial businesses, including multifamily residential dwellings, shall provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section 8.12.1511 to confirm compliance with the requirements of this section.

J. If a commercial business wants to self-haul, meet the self-hauler requirements of this code, including Section 8.12.1507.

K. Commercial organic waste generators, including multifamily residential dwellings, if generating two cubic yards or more of total solid waste per week (or other threshold defined by the state), shall require that any contract or work agreement between the owner, occupant, or operator of the commercial business and a gardening or landscaping service specify that the organic waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the California Public Resources Code.

L. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.12.1504. (Ord. 716 §1, 2021).

Notwithstanding anything to the contrary in this code, and in addition to any applicable requirements in this code not inconsistent with the requirements of this article, the city, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, may grant one or more of the following types of waivers to a generator of organic waste:

A. De Minimis Waivers. The city may waive a commercial business’s obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this article if the commercial business provides documentation, or the city has evidence demonstrating, that the business generates below a certain amount of organic waste material as described in subsection (A)(2) of this section. Commercial businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from and provide
documentation as noted in subsection (A)(2) of this section.

2. Provide documentation that either:

a. The commercial business’s total solid waste collection service is two cubic yards or more per week
and organic waste subject to collection in a blue container or green container comprises less than twenty
gallons per week per applicable container of the business’s total waste; or

b. The commercial business’s total solid waste collection service is less than two cubic yards per week
and organic waste subject to collection in a blue container or green container comprises less than ten
gallons per week per applicable container of the business’s total waste.

3. Notify the city if circumstances change such that the commercial business’s organic waste exceeds the
threshold required for waiver, in which case the waiver will be rescinded. In addition, if the city obtains
information at any time that a commercial business that has received a waiver is exceeding the organic waste
thresholds set forth in subsection (A)(2) of this section, the city shall rescind the waiver.

4. Provide written verification of eligibility for a de minimis waiver every five years, if the city has approved
a de minimis waiver.

B. Physical Space Waivers. The city may waive a commercial business’s or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements of this article if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this article.

A commercial business or property owner may request a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

   2. Provide documentation that the premises lacks adequate space for a blue container and/or green container including documentation from its hauler, licensed architect, or licensed engineer.

   3. Provide written verification to the city that it is still eligible for a physical space waiver every five years, if the city has approved application for a physical space waiver.

C. The director of public works will be responsible for review and approval of waivers. (Ord. 716 §1, 2021).

A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

C. Commercial edible food generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract with, or enter into a written agreement with, food recovery organizations or food recovery
services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the
commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery
organization or a food recovery service.

4. Allow city’s designated enforcement entity or designated third party enforcement entity to access the
premises and review records kept pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

a. A list of each food recovery service or organization that collects or receives its edible food pursuant
to a contract or written agreement established under 14 CCR Section 18991.3(b).

b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

c. A record of the following information for each of those food recovery services or food recovery
organizations:

i. The name, address and contact information of the food recovery service or food recovery
organization.

ii. The types of food that will be collected by or self-hauled to the food recovery service or food
recovery organization.

iii. The established frequency that food will be collected or self-hauled.

iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a
food recovery service or food recovery organization for food recovery.

6. No later than February 1st of each year (or such other date specified by the city), commencing no later
than February 1, 2023, for tier one commercial edible food generators and February 1, 2025, for tier two
commercial edible food generators, provide an annual food recovery report to the city that includes the
following information:

a. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

b. The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food
recovery service or food recovery organization for food recovery.

c. The name, address and contact information of the food recovery service or food recovery
organization.

D. Nothing in this article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state on September 25, 2017), which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the California Education Code and amended Section 114079 of the California Health and Safety Code, relating to food safety. (Ord. 716 §1, 2021).

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

2. The quantity in pounds of edible food received from each commercial edible food generator per month.

3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

C. Food recovery organizations and food recovery services shall inform generators about California Food and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

D. No later than March 31st of each year (or such other date specified by the city), commencing March 31, 2023, food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).

E. Food Recovery Capacity Planning – Food Recovery Services and Food Recovery Organizations. In order to support the city’s cooperation with the county in its conduct of edible food recovery capacity planning assessments or other studies, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty days, unless a shorter time frame is otherwise specified by the city. (Ord. 716 §1, 2021).

A. Notwithstanding anything to the contrary in this code, and in addition to any applicable requirements in this code not inconsistent with the requirements of this article, haulers providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries shall comply with the following requirements:

1. Shall meet the requirements and standards of 14 CCR Division 7, Chapter 12 as a condition of approval
of a contract, agreement, or other authorization with the city to collect organic waste.

2. Shall, through written notice to the city annually on or before March 15th, or such other date as specified
by the city, identify the facilities to which they will transport organic waste including facilities for source
separated recyclable materials and source separated green container organic waste.

3. Shall comply with the applicable requirements of 14 CCR Division 7, Chapter 12, Article 3.

4. Shall transport organic waste to a facility, operation, activity, or property that recovers organic waste as
defined in 14 CCR Division 7, Chapter 12, Article 2.

5. Shall obtain applicable approval of the city pursuant to 14 CCR Section 18988.1 and keep a record of the
documentation of its approval by the city.

B. Subsection A of this section is not applicable to a hauler that, consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the California Public Resources Code, is transporting source separated organic waste to a community composting site or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this code.

C. In addition to any other requirements for facility operators and community composting operations contained in this code, the following requirements shall apply to facility operators and community composting operations:

1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works, shall, upon the city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty days, unless a shorter time frame is specified by the city.

2. Community composting operators, upon the city’s request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty days, unless a shorter time frame is specified by the city. (Ord. 716 §1, 2021).

Notwithstanding anything to the contrary in this code, and in addition to any other requirements for self-haulers contained in this code not inconsistent with the requirements of this article, and any rules and regulations of the city which implement, interpret, administer and enforce this chapter, the following requirements shall apply to self-haulers:

A. Self-haulers of organic waste shall comply with the requirements in 14 CCR Section 18988.3.

B. Self-haulers shall source separate all recyclable materials and organic waste (materials that city otherwise requires organic waste generators to separate for collection in the city’s organics and recycling collection program) generated on site from solid waste in a manner consistent with 14 CCR Section 18984.1, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

C. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

D. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

3. If the material is transported to an entity that does not have scales on site, or employs scales incapable
of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received,
the self-hauler is not required to record the weight of material but shall keep a record of the entities that
received the organic waste.

E. A single-family organic waste generator that self-hauls organic waste is not required to record or report information in subsection D of this section.

F. Self-haulers that are commercial businesses (including multifamily residential dwellings that are self-haulers) shall provide information collected pursuant to subsection D of this section to city, if requested. (Ord. 716 §1, 2021).

vendors.

Direct service providers and all vendors providing paper products and printing and writing papers to the city shall comply with the city’s policy or policies regarding recovered organic waste product procurement, including recycled-content paper procurement. (Ord. 716 §1, 2021).

A. Notwithstanding anything to the contrary in this code, and in addition to any other CALGreen recycling requirements contained in this code not inconsistent with this article, the following requirements shall apply:

1. For projects covered by the California Green Building Standards Code, 24 CCR Part 11, the applicants
must, as a condition of the city’s permit approval, comply with the following:

a. Where five or more multifamily dwelling units are constructed on a building site, provide readily
accessible areas that serve occupants of all buildings on the site and are identified for the storage and
collection of blue container and green container materials, consistent with the collection program
offered by the city, or comply with provision of adequate space for recycling for multifamily and
commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green
Building Standards Code, 24 CCR Part 11 as amended July 1, 2019, and effective January 1, 2020.

b. Where new commercial construction or additions will result in more than thirty percent of the floor
area, provide readily accessible areas identified for the storage and collection of blue container and
green container materials, consistent with the collection program offered by the city, or shall comply with
provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections
4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR Part 11 as
amended July 1, 2019, and effective January 1, 2020.

B. For organic waste commingled with C&D, the requirements of 24 CCR 4.408.1 and 5.408.1, as amended July 1, 2019, and effective January 1, 2020, shall be complied with. (Ord. 716 §1, 2021).

Notwithstanding anything to the contrary in the code, and in addition to any other MWELO requirements contained in this code not inconsistent with the provisions of this article, the following requirements shall apply:

Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch, as amended September 15, 2015. (Ord. 716 §1, 2021).

A. Subject to the requirements of any applicable franchise agreement with an exclusive franchise hauler, city representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this article by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city, its designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this article, the city may conduct container inspections for prohibited container contaminants.

B. Subject to the requirements of any applicable franchise agreement with an exclusive franchise hauler, a regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city representative and/or its designated entity, including designees, during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this article described herein. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this article and may result in penalties described in this article.

C. Any records obtained by a city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in California Government Code Section 6250 et seq.

D. Subject to the requirements of any applicable franchise agreement with an exclusive franchise hauler, the city representative, its designees and agents are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.

E. The city shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 regulations, including receipt of anonymous complaints in accordance with 14 CCR Section 18995.3. (Ord. 716 §1, 2021).

A. Violation of any provision of this article that occurs on or after January 1, 2024, shall constitute grounds for issuance of a notice of violation and assessment of a fine by the city enforcement official in accordance with 14

CCR Section 18995.4. Enforcement actions under this article are issuance of an administrative citation and assessment of a fine. The city’s procedures for imposition of administrative fines set forth in Chapter 1.20 (Administrative Citations) are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this article and any rule or regulation adopted pursuant to this article, except as otherwise indicated in this article.

B. The provisions of subsection A of this section do not apply to violations related to a generator placing prohibited container contaminants in containers, which the city enforcement official and/or the city’s designee shall enforce through the notice provisions of 14 CCR Section 18984.5(b) and contamination processing fees, including pursuant to the provisions of the applicable collection agreement between the city and a franchised hauler.

C. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The city may pursue civil actions in the state courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.

D. Process for Enforcement.

1. The city enforcement official and/or the city’s designee will monitor compliance with this article randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 8.12.1511 establishes the city’s right to conduct inspections and investigations.

2. The city shall issue a notice of violation requiring compliance within sixty days of issuance of the notice.

E. Penalty Amounts for Types of Violations. For the purposes of this article, the penalty levels for violations of the provisions of this article are as follows:

1. For a first violation, the amount of the base penalty shall be one hundred dollars per violation.

2. For a second violation, the amount of the base penalty shall be two hundred fifty dollars per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be five hundred dollars per
violation.

F. Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or

3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is
under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(Ord. 716 §1, 2021).