Chapter 15.40

EXCLUSIONS

Editor's Note: For the prior ordinance history of this chapter, see the Editor's Note at the beginning of Chapter 15.16.

• a. No provision of this article shall prevent residents from collecting and disposing of occasional loads of solid waste generated in or on their residential premises, or from composting organic waste, or from selling or disposing of recyclables generated in or on their residential premises. However, no resident or residential property owner shall employ or engage any solid waste enterprise, other than a collector, to haul or transport such materials to a transfer station, materials recovery facility, organics processing facility or landfill.

• b. Document Destruction Service. No provision of this article shall prevent any person engaged in the business of destroying or disposing of secret, confidential, or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating, or other means, as a part of such document destruction or disposal service.

• (Prior code § 5790; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 25-03, 2/18/2025)

No provision of this article shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting, transporting and disposing of grass cuttings, pruning, and similar material not containing other solid waste when incidental to providing such gardening, tree trimming or similar services.

(Prior code § 5791; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)

• a. Source-Separated Recyclables. No provision of this article shall prevent a commercial/ industrial business owner from selling to a buyer, for a monetary or other valuable consideration, any source-separated recyclables, including, without limitation, any saleable scrap, reject, by-product, ferrous or non-ferrous metal, worn-out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a commercial/ industrial premises or business, and no longer useful to such commercial/industrial business but having market value, whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce; so long as such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station (as defined in Public Resources Code Section 40200). "Source-separated recyclables," within the meaning of this section, shall mean recyclables separated on the commercial/industrial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste, and having a market value.

No provision of this article shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce and

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City of West Hollywood, CA

ENVIRONMENTAL PROTECTION, POLLUTION AND

§ 15.40.030

§ 15.40.050

which is not engaged in the business of collecting solid waste or providing solid waste collection services for a fee or other charge, or consideration, from buying any materials referenced in this subsection for a monetary or other valuable consideration, and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200); nor shall any provision of this article prevent such recycler, junk dealer or enterprise which buys such materials from removing and transporting such materials to a destination for marketing in the stream of commerce. No such buyer shall buy or transport such materials without prior authorization from the city, as required by this code, whether in the form of a business license, a business permit, or a nonexclusive collection agreement.

• b. In-House Recycling Programs. Nothing in this article shall prevent a commercial/industrial business which has its own recycling or resource recovery program for recyclables or organic waste generated by such business and not utilizing a solid waste enterprise which provides collection services for a fee, service charge, or other consideration, from continuing such recycling or resource recovery program, and the recyclables included in such program are excepted from any collection agreement entered into by the city.

ycling or resource recovery program for recyclables or organic waste generated by such business and not utilizing a solid waste enterprise which provides collection services for a fee, service charge, or other consideration, from continuing such recycling or resource recovery program, and the recyclables included in such program are excepted from any collection agreement entered into by the city.

• c. Renovation, Rebuilding, Repairs. No provision of this article shall prevent a commercial/ industrial business owner from arranging for any worn, spent, or defective equipment, or part thereof, used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such commercial/ industrial business owner; nor shall any provision of this article prevent any person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing such equipment or part thereof, from transporting the same from or returning it to the commercial/industrial business, or from removing, transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract.

• d. Document Destruction Service. No provision of this article shall prevent any person engaged in the business of destroying or disposing of secret, confidential, or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating, or other means, as a part of such document destruction or disposal service.

• (Prior code § 5792; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 25-03, 2/18/2025)

Notwithstanding any other provision of this article, and in addition to the authority granted by Section 15.40.010, nothing in this article shall prevent a commercial/industrial business owner or resident from acting as a self-hauler of solid waste, recyclables, and organic waste generated in or on their premises. No resident or commercial/industrial business owner shall employ or engage any solid waste enterprise, other than a collector, to haul or transport such materials to a transfer station, materials recovery facility, composting facility, organic waste processing facility, or landfill.

(Prior code § 5793; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 25-03, 2/18/2025)

• a. De Minimis Waivers . The city may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste

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City of West Hollywood, CA § 15.40.050

WEST HOLLYWOOD CODE

§ 15.40.060

requirements of this ordinance if the commercial business provides documentation that the business generates below a certain amount of organic waste material. Commercial businesses requesting an organic recycling waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted below:

2. Provide documentation that either:

   • A. The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection comprises less than twenty gallons per week per applicable container of the business' total waste; or

   • B. The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection comprises less than ten gallons per week per applicable container of the business' total waste.

3. Notify the city if circumstances change such that commercial business' organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

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

• b. Physical Space Waivers . The city may waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements 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. 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 containers including documentation from its hauler, licensed architect, or licensed engineer.

  3. Provide written verification to the city that it is still eligible for physical space waiver every 5 years, if the city has approved application for a physical space waiver.

• c. Additional Waivers . The city may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The Public Works Director or his or her designee shall be responsible for determining the grounds for the waiver, its scope, and appropriate administration.

• d. Review and Approval of Waivers by City . Review and approval of waivers will be the responsibility of the Public Works Director or his or her designee.

• (Ord. 21-1169 § 2, 2021)

In all cases where the right to an exclusion pursuant to this article is exercised, disposal shall be made at a disposal or processing facility which meets all applicable regulatory requirements.

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City of West Hollywood, CA

ENVIRONMENTAL PROTECTION, POLLUTION AND

§ 15.40.060

§ 15.40.060

Any such disposal by a person exempted under this section shall not relieve such person from any obligation or liability imposed by this article or any other city ordinance, resolution, rule or regulation for the payment of the minimum solid waste, recyclables, and organic waste collection rates imposed by the city or the collector pursuant to this article, or of any other applicable rates or fees. Notwithstanding the foregoing, the following shall be exempt from the payment of the solid waste, recyclables, and organic waste collection rates imposed for use of the services provided by the collector: any owner of vacant property who does not use the solid waste, recyclables, and organic waste collection services offered by the franchised collector, for the period of time the property is vacant.

(Prior code § 5795; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)

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City of West Hollywood, CA § 15.44.010

ENVIRONMENTAL PROTECTION, POLLUTION AND

§ 15.44.060

CHAPTER 15.44 FRANCHISES

Editor's Note: For the prior ordinance history of this chapter, see the Editor's Note at the beginning of Chapter 15.16.