Westlake Village Municipal Code Ch. 5.3 Solid Waste Management

Footnotes:

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Editor's note— Ord. No. 290U-22, § 2 (Exh. A), adopted March 23, 2022, repealed Ch. 5.3, §§ 5.3.010—5.3.410, which pertained to integrated waste management and derived from Ord. No. 156-98, adopted June 24, 1998.

This Chapter shall be known and may be cited as the "Solid Waste Management Ordinance."

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

The purpose of this Chapter is to set forth regulations and standards for the collection, transportation, processing, recycling, and disposal of solid waste generated within the City's territory in accordance with the California Integrated Waste Management Act of 1989 to promote safety, health, welfare, and convenience to the citizens of Westlake Village. The City Manager, subject to the approval of the City Council, is authorized to formulate, adopt, amend, enforce, and repeal administrative rules implementing this Chapter.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

For the purposes of this Chapter the following words and phrases shall have the meaning respectively ascribed to them by this Section. Words and phrases not ascribed a meaning by this Section shall have the meaning ascribed by the California Integrated Waste Management Act of 1989 or associated regulations.

"Act" means the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.) as it may be amended from time to time, including amendments enacted by the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008), the mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations adopted by CalRecycle or its successor agency.

"Authorized Collector" means such persons, firms, or corporations collecting, transporting and delivering for disposal, recycling, or processing solid waste (other than solid waste generated by a permitted building project) originating in the City and doing so under a contract or hauler permit with the City.

"Back-haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 189881(a)(66)(A).

"Bin" means a detachable solid waste container used in connection with commercial/industrial premises with a one to eight (8) cubic yard capacity, equipped with a lid, and designed for mechanical pick-up by collection vehicles.

"Box," sometimes known as a "roll-off" or "drop" box, means a wheeled or sledded container or compactor, generally seven (7) to fifty (50) cubic yards in size, suitable for the storage and collection of commercial or industrial solid waste.

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

"Cart" means a wheeled container larger than a standard container and smaller than a bin, equipped with a lid, and designed for mechanical pick-up by collection vehicles.

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

"Collection" means the operation of gathering together within the City and transporting to the point of processing or disposal any solid waste, or source separated recyclable materials or organic waste generated within the City.

"Collection Agreement" means a contract with the City for the collection of solid waste.

"Commercial Edible Food Generator" means a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators.

"Commercial/Industrial Business Owner" means any person holding or occupying, alone or with others, commercial/industrial premises, whether or not it is the holder of the title or the owner of record of the commercial/industrial premises.

"Commercial/Industrial Premises" means all occupied real property in the City, except single family residential premises. "Commercial/industrial premises" includes wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional, services, sports or recreational facilities, any place or premises where an animal is maintained or sheltered, construction or demolition sites, boarding houses, hotels, motels, and any other commercial or industrial business facilities, structures, sites, or establishments. A multi-family dwelling that consists of five (5) or more dwelling units is "commercial" for the purposes of this Chapter except were otherwise specified.

"Composting" means the controlled, biological decomposition of organic materials into humus for use as a soil amendment, conditioner or fertilizer or for any other similar use or purpose.

"Construction or Demolition Site" means any real property in the City in, on, or from which a building or structure, or any portion thereof, is being fabricated, assembled, erected or demolished, and which produces construction or demolition waste that must be removed from the property.

"Construction or Demolition Waste" means any solid waste generated as the result of construction or demolition, including discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

"Container" means any bin, box, cart, or receptacle approved by the City for collection, holding, and/or storing solid waste.

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

"Enforcement Agency" means an entity with the authority to enforce part or all of this Chapter. Employees and agents of an Enforcement Agency may carry out inspections and enforcement activities pursuant to this Chapter. Nothing in this Chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the City. The City is an Enforcement Agency for the entirety of this Chapter. The City may choose to additionally delegate enforcement responsibility for certain provisions of this Chapter as authorized in 14 CCR Section 18981.2 to another government entity, authorized collector, a private entity, or a combination of those entities.

"Exempt Waste" means biohazardous or biomedical waste, hazardous waste, medical waste, regulated radioactive waste, waste that is volatile, corrosive, or infectious, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter or materials that are not acceptable for disposal at a solid waste landfill as defined in the Act, and those wastes under the control of the Nuclear Regulatory Commission.

"Food Recovery Organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25). "Food recovery organization" includes: a food bank as defined in Health and Safety Code Section 113783; a nonprofit charitable organization as defined in Health and Safety Code Section 113841; and a nonprofit charitable temporary food facility as defined in Health and Safety Code Section 113842.

"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 Chapter.

"Food Waste" means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. "Food waste" includes, but is not limited to, meat, fish and dairy waste, fruit and vegetable waste, grain waste, acceptable food packing items such as pizza boxes, paper towels, waxed cardboard and food contaminated paper products. "Food waste" does not include exempt waste.

"Garbage" means all non-recyclable packaging and other waste attributed to normal activities of a premises. Garbage must be generated by and at the premises wherein the garbage is collected. Garbage does not include recyclable materials, organic waste, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

"Generator" means a person or entity, including commercial generators and residential generators, that is responsible for the initial creation of organic waste, or as otherwise defined as "organic waste generator" in 14 CCR Section 18982(a)(48).

"Greenwaste" means any plant trimmings generated from the maintenance or alteration of public, commercial, or residential landscapes including grass cuttings, yard clippings, leaves, tree trimmings, pruning, brush, and weeds.

"Hazardous Waste" means waste defined as hazardous by Public Resources Code Section 40141, namely, a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. "Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and any other waste as may from time to time be designated as hazardous by the Environmental Protection Agency or other agency of the United States Government, or by the Legislature or any agency of the State of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.

"Holiday" means January First, Memorial Day, July Fourth, Labor Day, Thanksgiving Day, December Twenty-Fifth.

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

"Multi-family Residential Premises" means a multi-family residential premises with five (5) or more units, including but not limited to mobile home parks, apartments, condominiums and town homes that utilize bins for the temporary accumulation and collection of solid waste. The City Manager shall have sole authority to resolve any ambiguity as to whether a particular premises is a single-family residential premises or a multi-family residential premises.

"Organic Waste" means solid wastes containing material originated from living organisms and their metabolic waste products including food waste, greenwaste, 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).

"Permitted Facility" means any site, location or premises permitted by law to be used for the processing and/or disposal of solid waste including a landfill, a composting facility, a transformation facility, a solid waste transfer or processing station, or a disposal facility.

"Place or Premises" means every residential premises and commercial/industrial premises.

"Prohibited Container Contaminants" means:

A. Discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the City's designated recyclables collection container;

B. Discarded materials placed in the designated organic waste container that are not identified as acceptable source separated organic waste for the City's designated organic waste collection container; and

C. Discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic waste to be placed in City's designated organic waste collection container and/or designated recyclables collection container, and

D. Exempt waste placed in any container.

"Recyclable Materials" means materials that are separated from other waste materials for the purpose of recycling. "Recyclable materials" includes newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; steel including "tin" cans, aerosol cans (empty, non-toxic products); bimetal containers; plastic bottles (#1-7); and aluminum foil and pans. The City Manager, in agreement with any authorized collector, shall have the right to determine changes to recyclable materials subject to collection in recyclable materials containers.

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

"Regularly Scheduled Collection" means the primary garbage, recyclable materials, and organic waste collection service provided by an authorized collector to any premises within the City with a collection frequency of at least one pick up per week.

"Residential Householder" means any person or persons holding or occupying residential premises in the City, whether or not the owner of the residential premises.

"Residential Recycling Collection" means the process by which recyclable materials are placed at the curb of a residence for collection, removal and disposal.

"Self-haul" means the transportation of garbage, recyclable materials or organic waste directly to a permitted facility by a person who has received a self-haul permit. Self-haul also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).

"Single-family Residential Premises" means any residential premises with fewer than five (5) dwelling units within the City, which receives curbside solid waste collection service utilizing one or more carts, or a bin, for the temporary accumulation and collection of solid waste. The City Manager will have sole authority to resolve any ambiguity as to whether a particular premises is a single-family residential premises or a multi-family residential premises.

"Solid Waste" shall mean all putrescible and nonputrescible solid, semisolid, and liquid wastes including garbage, trash, refuse, paper, rubbish, ashes, recyclable materials, organic wastes, construction and demolition debris, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste shall be generated in or upon, related to the occupancy of, remaining in or emanating from residential premises or commercial/industrial premises. "Solid waste" does not include sewage, abandoned vehicles, radioactive waste, universal waste, medical waste, hazardous waste and such other waste as may be specifically excluded from the definition of "solid waste" set forth in Public Resources Code Section 40191.

"Solid Waste Enterprise" shall mean any person regularly engaged in the business of providing solid waste handling services.

"Solid Waste Handling Services" shall mean the collection, transportation, storage, transfer, or processing of solid waste.

"Source Separated" means the process of removing recyclable materials and organic waste from solid waste by the generator at the location where it was created, not mixed with or containing more than incidental solid waste, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic waste, or as otherwise defined in 14 CCR Section 17402.5(b)(4).

"Special Haul Services" means the collection of solid waste not collected as part of the regularly scheduled collection.

"Tier One Commercial Edible Food Generator" means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a):

A. Supermarkets with gross annual sales of two million dollars ($2,000,000) or more.

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

C. Food service provider, which 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.

D. Wholesale food vendor, which 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.

E. Food distributor, which means a company that distributes food to entities including supermarkets and grocery stores.

"Tier Two Commercial Edible Food Generator" means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a):

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

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

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

D. Large venue, which means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter, a large venue includes a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter, 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.

E. Large event, which means an event, including a sporting event or a flea market, that charges an admission price or is operated by a local agency, and that serves an average of more than two thousand (2,000) individuals per day of operation of the event at a location that includes a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

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

G. A local education agency facility with an on-site food facility. Local education agency means a school district, charter school, or county office of education that is not subject to the control of City or County regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

The accumulation, collection, removal, and disposal of solid waste must be controlled by the City for the protection of the public health, safety and welfare. The City Council finds that to give practical effect to this policy a comprehensive system for the regular collection, removal, processing, and disposal of solid waste from all places or premises is essential and benefits all occupants of places or premises, and, therefore, all such occupants are made liable for the solid waste collection charges established by the authorized collectors for the collection, removal, processing, and disposal of solid waste.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

No person shall throw, drop, leave, place, keep, accumulate, or otherwise dispose of any solid waste upon private property either with or without the intent to later remove the same from such place or premises, or upon any street, public right-of-way, sidewalk, gutter, stream, or creek, or the banks thereof, or any public place or public property. This Section shall not prohibit the placement of solid waste in public solid waste containers, or in containers for collection in accordance with the provisions of this Chapter, or at permitted facilities in accordance with the procedures thereof.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

• Residential Premises—Regularly Scheduled Collection, Removal, Processing, and Disposal Only by Authorized Persons.

A. The City shall authorize, permit, regulate and control the regularly scheduled collection, removal, processing, and disposal of all solid waste generated at all single-family residential premises. For this purpose, a collection agreement with a maximum of two (2) authorized collectors may be entered into by the City with or without advertising for bids.

B. Notwithstanding any permit issued by any other governmental agency authorizing collection of solid waste, no person other than an authorized collector shall negotiate or contract for the regularly scheduled collection, removal, transportation, processing, or disposal of any solid waste from single-family residential premises within the City for a fee, service charge or other consideration therefor, except as specifically provided herein.

C. No person shall interfere in any manner with the lawful operations of the authorized collector.

D. Except as otherwise provided in this Chapter, each single-family residential householder shall utilize the services of an authorized collector for the regularly scheduled collection of solid waste from the single-family residential premises held or occupied by such owner or occupant and shall pay for such services the fees as established by the authorized collector, including any user fees established by the City Council. No single-family residential householder shall enter into an agreement for solid waste collection, removal, processing, and disposal services with any person other than the authorized collector, except as otherwise provided in this Chapter.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

• Commercial/Industrial Premises—Collection, Removal, Processing, and Disposal Only by Authorized Persons.

A. No person other than an authorized collector may collect solid waste from commercial/industrial premises within the City. Any person granted a hauler permit or collection agreement by the City shall have the right to collect solid waste and recyclable materials from commercial/industrial premises within the City in compliance with this Chapter and the conditions of the permit or collection agreement, as the case may be.

B. Except as otherwise provided in this Chapter, each commercial/industrial business owner shall utilize the services of an authorized collector for the regularly scheduled collection of solid waste from the commercial/industrial premises held or occupied by such owner and shall pay for such services the fees as established by the authorized collector, including any user fees established by the City Council. No commercial/industrial owner shall enter into an agreement for solid waste handling services with any person other than an authorized collector, except as otherwise provided in this Chapter.

C. Each commercial/industrial business shall make arrangements for the collection of source separated recyclable materials and organic waste such that it is not disposed of in a landfill. Methods to achieve this include utilizing the services of an authorized collector for the collection of source separated recyclable materials and organic waste separate from solid waste, as well as causing the delivery of source separated recyclable materials and organic waste to a permitted facility for composting or processing, so long as the source separated recyclable materials and organic waste is considered "diverted" from the landfill for purposes of achieving the City's diversion obligations under the Act.

D. Any person who during calendar year 2021 lawfully provided solid waste collection services to commercial/industrial premises within the City and who obtains a hauler permit may continue to provide the services it actually provided in calendar year 2021 to those commercial/industrial premises for a five-year period following notice from the City that an exclusive franchise has been awarded. Persons exercising continuation rights pursuant to this paragraph shall provide each existing customer with services that include collection of garbage and source separated recyclable materials and organic waste in compliance with the requirements of this Chapter and the Act. Such persons are prohibited from adding new customers during the five-year continuation period.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. All collection agreements shall be subject to the terms and conditions specified in this Chapter, in the collection agreements, and all applicable laws.

B. In the event of any conflict between the provisions of a collection agreement which is authorized and approved by the City Council and the provisions of this Chapter, the provisions of the Collection Agreement shall control.

C. Each authorized collector shall provide services without undue interruptions caused by mechanical failures or other inadequacies or equipment and shall utilize equipment in quantities and of an age and quality adequate for the provisions of reliable service and to provide preventative and repair maintenance of such equipment sufficient to ensure reliability.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. All applications for hauler permits shall be in writing and shall contain such information as requested on the application and as determined by the City Manager and shall be verified by the applicant.

B. Upon receipt of a properly completed and signed application, the City Manager shall without undue delay either issue a permit, issue a permit with conditions, or shall inform the applicant in writing that the permit applied for has been denied with an explanation for the denial.

C. A permit application or renewal application may be denied for reasons in the interest of the public health, safety, and welfare including for the following reasons:

1. An improperly completed application form.

2. Incompleteness.

3. Materially false or inaccurate statements in the application or supporting papers.

4. Noncompliance with this Chapter or administrative rules implementing this Chapter.

5. Noncompliance with any other applicable laws.

D. An administrative action resulting in denial of a permit for reasons listed above or conditioning of a permit may be appealed to the City Council. Appeals shall be addressed to the City Council on a form prescribed by the City, and shall state the basis of the appeal. An appeal of any action shall be filed with the City Clerk within ten (10) days following the date of notice of decision from which an appeal is made.

E. An action appealed to the City Council shall not become effective unless and until approved by the Council, following a duly noticed public hearing. An application or appeal denied by the City Council shall be deemed to be denied with prejudice unless specifically stated to be without prejudice. If an application or appeal is denied with prejudice by the Council, no further application for the denied request may be filed in the ensuing twelve (12) months except as otherwise provided for by the City Council.

F. Hauler permits shall expire one year after the date of City approval. A renewed permit may be applied for annually, and may be approved or denied in the same manner as the original permit, and shall be subject to all requirements in effect at the time of application for renewal. A complete renewal application, filed prior to the expiration of a valid hauler permit, shall result in the applicant's existing permit remaining in effect until the renewal application is either approved or disapproved by the City Manager.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

Every authorized collector and hauler shall obtain and maintain at all times during its operations a business license issued by the City, and all applicable permits and licenses required by any public agency having jurisdiction.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

No permit or collection agreement that is authorized by, subject to, or issued under the provisions of this Chapter shall be transferred, delegated, sublet, subcontracted to, or assigned to another solid waste enterprise without the prior approval of the City Council. This restriction includes the transfer of ownership or the majority of the ownership or control in the authorized collector, and the transfer of a majority of stock in the authorized collector to another person.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. The City Manager may immediately suspend a hauler permit or collection agreement for an interim period of not more than sixty (60) days, if the City Manager determines that continued operation by the authorized collector will constitute a threat to the public health, safety or welfare.

B. After a hearing as provided in subsection C. of this Section, the City Manager may revoke any hauler permit or terminate any collection agreement for violation of a provision of this Chapter or any other applicable law, or if the authorized collector has made materially false or inaccurate statements in the application or supporting papers.

C. The City Manager shall mail notice of a hearing to revoke a hauler permit or to terminate a collection agreement to the authorized collector not less than thirty (30) days prior to such hearing. In the event of the hauler permit revocation or the collection agreement termination after such hearing, the City Manager shall notify the authorized collector in writing of the reasons therefor. Notification may be made in person or by mail.

D. Within thirty (30) calendar days after notice by the City Manager of hauler permit revocation or collection agreement termination has been sent to the authorized collector, the authorized collector may file with the City Clerk an appeal of such decision to the City Council.

E. The City Council may uphold, modify, or reverse the action of the City Manager. The City Council shall base its action upon the standards delineated in subsections A. and B. of this Section. Notice of the City Council's hearing shall be sent to the authorized collector not less than fifteen (15) days prior to the hearing.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. Any owner or occupant of any place or premises may contract with an authorized collector for special haul services for the collection, removal, processing, and disposal of solid waste in excess of the regularly scheduled collection provided by the authorized collector.

B. For residential premises, the authorized collector shall provide for the collection of bulky items not suitable for mechanical collection at least once per year, and shall further provide for the collection of holiday trees for a sufficient period of time beginning on December 26 of each year.

C. Self-haulers shall source separate all recyclable materials and organic waste (materials that the City otherwise requires generators to separate for collection in the City's organic waste and recycling collection program) generated on-site from all other solid waste in a manner consistent with 14 CCR Section 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

D. Self-haulers shall haul their source separated recyclable materials to a permitted facility that recovers those materials; and shall haul their source separated organic materials to a permitted facility, operation, activity, or property that processes or recovers source separated organic materials in a manner consistent with 14 CCR Section 18984.1 and 19984.2 or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

E. Self-haulers that are commercial premises shall keep a record of the amount of recyclable materials and organic waste delivered to each permitted facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the City and self-hauler shall provide this information to the City upon request. The records shall include the following information:

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

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

F. A single-family residential premises generator that self-hauls recyclable materials and organic waste is not required to record or report information in subsection E. above.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. Single-family Residential Householder Exclusion. No provision of this Chapter shall prevent a single-family residential householder from collecting and disposing of occasional loads of solid waste generated in or on his or her single-family residential premises, or from composting greenwaste, or from selling, donating or disposing of recyclable materials generated in or on his or her single-family residential premises. Containers provided by the authorized collector may not be used for activities authorized by this subsection A. Notwithstanding the foregoing, no single-family residential householder shall employ or engage any solid waste enterprise, other than an authorized collector, to haul or transport solid waste to a disposal or processing facility; nor shall any single-family residential householder collect or dispose of solid waste generated elsewhere than in or on his or her single-family residential premises.

B. Gardener's Exclusion.

1. No provisions of this Chapter shall prevent a gardener, tree trimmer, or person engaged in a similar trade from collecting and transporting grass cuttings, prunings, and similar material not containing other solid waste when incidental to providing such gardening, tree trimming, or similar services, provided that any such organic waste is generated by their own specific work site and transported to a CalRecycle permitted facility or site exempt from permitting.

2. Gardeners shall not contract with a solid waste enterprise to collect, transport, and compost or dispose of organic waste unless that solid waste enterprise has a collection agreement from the City.

3. Gardeners shall keep a record of the amount of organic waste delivered to each permitted 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:

a. Delivery receipts and weight tickets from the entity accepting the waste. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the gardener's vehicle in a manner that allows it to determine the weight of materials received, the gardener is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

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

C. Source Separated Recyclable Materials.

1. Commercial/industrial business owners shall retain the right to donate or sell recyclable materials, or to pay fees for services to solid waste enterprises other than an authorized collector for the collection of particular recyclable materials, so long as all recyclable materials collected are source-separated recyclable materials. All recyclable materials collected pursuant to this subsection C. must be taken to a recycling facility, and not disposed of in a landfill.

2. Commercial/industrial business owners shall demonstrate compliance with the provisions of this subsection C. upon request of the City Manager.

3. Upon placement by the owner of recyclable material at a designated recycling collection location, or placement of recyclable materials in a container provided by the appropriate authorized collector, the recyclable material becomes the property of the recycler or authorized collector, by operation of state law.

D. The City may require any recycler, junk dealer or other enterprise engaged in the business of buying and marketing recyclable materials to provide the City with information pertaining to such collection, including the amount of recyclable materials collected from within the City's territorial limits.

E. Collection of Source Separated Recyclable Materials. No provision of this Chapter shall prevent a recycler, junk dealer, or other solid waste enterprise engaged in the business of buying and marketing source-separated recyclable materials in the stream of commerce and that buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200), from buying recyclable materials for a monetary or other valuable consideration; nor shall any provision of this Chapter prevent such recycler, junk dealer, or solid waste enterprise that buys such materials from removing and transporting such materials to a destination for marketing in the stream of commerce.

F. Contractor's Exclusions. No provision of this Chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or construction or demolition waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract, if such collection, removal and disposal activity is performed only by the licensed contractor having the contract for the construction or demolition work that generated such salvageable items or construction or demolition waste, or by regularly employed personnel carried on the licensed contractor's payroll records as an employee.

G. Self-haul Exclusion. In addition to the authority granted by subsection A. above, nothing in this Chapter shall prevent a commercial/industrial business owner or residential householder from, on a regular basis, collecting and disposing of solid waste generated in or on their premises, in lieu of availing themselves of the services of the authorized collector in a manner conforming to this Chapter. No residential householder or commercial/industrial business owner shall employ or engage any solid waste enterprise, other than an authorized collector, to haul or transport such materials to a disposal or processing facility. Any residential householder or commercial/industrial business owner who pursuant to this subsection G. seeks to on a regular basis collect and dispose of solid waste generated in or on their premises, shall first obtain a self-haul permit from the City, and shall comply with the following procedures for self-hauling:

1. Permit Required. The person in charge of a single-family residential premises may apply for and obtain a permit to self-haul, and shall not self-haul without a valid self-haul permit issued pursuant to this Section. Every person in charge of a single-family residential premises who desires to self-haul in addition to making arrangements with the appropriate authorized collector or subscription to solid waste handling services shall obtain a self-haul permit from the Planning Director prior to commencing self-hauling.

2. Term. A permit to self-haul shall be good for one calendar year, or such part of the calendar year that is remaining after the issuance of the permit. All self-haul permits shall expire on December 31, and may be renewed annually. Application for a renewal permit must be filed at least sixty (60) days prior to the expiration date of the permit to allow adequate time for processing, inspection and verifications required to issue the permit.

3. Issuance of Permit. An applicant for a self-haul permit shall submit a completed application, on a form approved by the City Manager. The Planning Director shall determine whether the application is complete within ten (10) working days of the receipt of the application. If the Planning Director finds the application incomplete, the applicant shall be given a list of further information needed to complete the application.

After it is determined that the permit fee has been paid and that an application for a self-haul permit is complete, the applicant shall produce the items listed in paragraphs a through g below. The Planning Director shall issue a self-haul permit within ten (10) working days of the production of all of the required items.

a. The applicant produces for inspection the vehicle the applicant intends to use for self-hauling, and the vehicle meets the following standards:

i. The vehicle is capable of safely hauling a minimum of thirty-two (32) gallons (4.3 cubic feet) of solid waste in a safe and sanitary manner so that such matter will not spill.

ii. If the vehicle is not fully enclosed, the applicant produces a tarp or other material that is demonstrated to completely secure the materials being self-hauled.

b. The applicant produces evidence that he or she owns or leases the vehicle produced for inspection or has a written agreement to use the vehicle for self-hauling with the vehicle's owner or lessor.

c. The applicant produces evidence that he or she has a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the State of California.

d. The applicant provides the City with a certificate of automobile insurance for the vehicle.

e. The vehicle is operational and meets all applicable Vehicle Code standards.

f. The applicant provides the City with proof that the applicant has containers for the storage of solid waste on the applicant's premises before the materials are hauled to a permitted facility.

g. The applicant provides proof that he/she is has no outstanding charges due to the City's authorized collector for solid waste handling services previously received at the premises for which the self-hauling permit application is being submitted.

h. The applicant pays the fee for a self-haul permit authorized by City Council resolution. The fee shall reflect the City's reasonable costs of issuing and monitoring compliance with the permit. Permits issued between January 1 and March 31 shall pay one hundred (100) percent of the permit fee; permits issued between April 1 and June 30 shall pay seventy-five (75) percent of the permit fee; permits issued between July 1 and September 30 shall pay fifty (50) percent of the permit fee; permits issued between October 1 and December 31 shall pay twenty-five (25) percent of the permit fee.

4. Appeal of Denial. An applicant whose application for a self-haul permit has been denied may appeal that decision. An appeal may be filed within five (5) days of the date the applicant was notified of the denial. Appeals shall be heard by the City Manager. The decision of the City Manager is final.

5. Operational Standards.

a. Permittees shall dispose of solid waste weekly at a licensed or permitted landfill or disposal facility and shall procure and retain weekly receipts from such landfill or other disposal facility. Receipts shall be submitted to the City upon request. Failure to show proof of solid waste disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit City to revoke the permittee's self-haul permit.

b. Permittees shall notify the City of any change in the vehicle being used to haul solid waste by the permittee. Permittees shall bring the new vehicle in for an inspection and demonstrate compliance with this Section before the new vehicle is used to haul any solid waste under the permit.

c. Permittees shall keep on file with the City copies of the current automobile insurance and registration for the vehicle used to self-haul and the permittee's current California driver's license. Permittee shall provide proof to City of renewed automobile insurance, vehicle registration, and California driver's license within five (5) days of expiration of respective document.

d. Permittees shall source separate garbage, recyclable materials and organic waste. Recyclable materials shall be delivered to a licensed or permitted recycling center. Organic waste shall be delivered to a licensed or permitted composting center that recycles source separated organic waste or shall be composted on the premises covered by the self-haul permit.

e. Permittees are liable for any damages and clean-up costs resulting from any garbage, recyclable materials or organic waste spills during the course of the permittees' self-hauling activity.

6. Revocation of Permit. The self-haul permit shall be subject to revocation if the permittee violates any provision of this Chapter. A notice of revocation shall be mailed to the permittee identifying the violations of this Chapter that have occurred, and informing the permittee that he or she has the right to dispute the revocation by an appeal to the City Manager. An appeal of a revocation must be filed within five (5) calendar days of the mailing of notice of the revocation. A revocation appeal hearing shall be scheduled within five (5) working days of the date the City receives the request for an appeal. The City Manager will issue a decision on the appeal within five (5) days of the hearing and provide the permittee written notice of the decision. The decision of the City Manager on the appeal shall be final. A person whose self-haul permit has been revoked may not obtain another self-haul permit for one year from the date of the revocation.

H. Commercial Edible Food Generator Requirements.

1. Tier one commercial edible food generators shall 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.

2. 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.

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

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

b. Contract with food recovery organizations or food recovery services for:

i. The collection of edible food for food recovery; or

ii. Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

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

d. Allow the Enforcement Agency to access the premises either in person or virtually to review records pursuant to 14 CCR Section 18991.4.

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

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

ii. A copy of all contracts established under 14 CCR Section 18991.3(b).

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

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

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

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

• 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.

4. Nothing in this Chapter 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 (2017).

I. Food Recovery Organizations and Services Requirements.

1. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract 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):

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

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

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

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

2. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators via a contract 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):

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

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

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

3. Food recovery organizations and food recovery services that have their primary address physically located in the City and contract 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 with pursuant to 14 CCR Section 18991.3(b) no later than June 1st.

4. In order to support edible food recovery capacity planning assessments or other studies conducted by the County, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the Enforcement Agency, 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 Enforcement Agency shall respond to such request for information within sixty (60) days unless a shorter timeframe is otherwise specified by the Enforcement Agency.

J. Facility Operators and Community Composting Operation Requirements.

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 Enforcement Agency'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 Enforcement Agency shall respond within sixty (60) days.

2. Community composting operators, upon the Enforcement Agency's request, shall provide information to the Enforcement Agency to support organic waste capacity planning, including an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the Enforcement Agency shall respond within sixty (60) days.

K. General Requirement. In all cases where the right to an exclusion pursuant to this Section, disposal shall be made at a disposal or processing facility that meets all applicable regulatory requirements. Any such disposal by a person exempted under this Section shall not relieve such person from any obligation or liability imposed by this Chapter or any other ordinance. Notwithstanding the foregoing, any person with a valid self-haul permit obtained pursuant to subsection G. above, and who does not use the solid waste collection services offered by the authorized collector, shall be exempt from the payment of the solid waste collection rates imposed for use of the services provided by the authorized collector.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. This provision is enacted for the purpose of compliance with the Act, which authorizes the imposition of charges to fund the preparation, adoption and implementation of the source reduction and recycling element and the household hazardous waste element. Such fees and methods of collection shall be determined, fixed, and established through a collection contract or by City Council resolution. Such fees may be changed from time to time by City Council resolution and shall be applicable for the periods designated in or governed by such respective resolution. Fees may include an annual permit application fee assessed to haulers to cover the City's administrative costs, and a user charge assessed to the residential accounts and commercial accounts served by the authorized collector to cover the costs of implementing mandated solid waste management programs. Any such user charges shall be collected by the authorized collector and remitted to the City in a manner prescribed by the City, and shall be clearly identified on the authorized collector's account billing form.

B. All authorized collectors shall provide to the City a list of all current commercial/industrial and residential accounts within the City's territory within thirty (30) days after the end of each quarter of the calendar year. The records of the authorized collector pertaining to fees collected on behalf of the City shall be available at reasonable times for the inspection of the City.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. The authorized collector shall establish the rates charged for the regularly scheduled collection of solid waste at each level of service provided by the authorized collector.

B. Except as set forth in Section 5.3.140, every person occupying, owning, controlling, or maintaining a place or premises within the City shall be liable for the payment of the solid waste collection rates established by the authorized collector.

A. No person owning or occupying any place or premises where solid waste is generated, produced or accumulated shall fail to procure a sufficient number of containers to hold all solid waste generated, produced or accumulated on the place or premises during a one-week period, unless a more frequent collection schedule has been approved or directed pursuant to this Chapter.

B. Every person in charge of a premises shall deposit or cause to be deposited all garbage, recyclable materials, and organic waste generated or accumulated on the premises into containers meeting the requirements of this Chapter.

A. Except as expressly authorized by this Chapter, no person other than an authorized collector may place a container, or other receptacle used for the collection or storage of solid waste, within the City.

B. The City shall notify, in writing, any person who violates this Section that the prompt and permanent removal of such container or receptacle from the place or premises is required. The City shall deliver such written notice by posting a copy of the notice prominently upon the container or receptacle. If the container or receptacle is identified with the name and telephone number of the solid waste enterprise servicing it, the City shall also endeavor to contact the enterprise by telephone. Failure to notify the owner telephonically shall not invalidate the notice. The City may impound or cause to be impounded any such container or receptacle if the same is not permanently removed from the place or premises within the time set forth in the notice, which time shall be not less than twenty-four (24) hours after posting of the notice, or not less than six (6) business hours after telephonic notification, if any. For purposes of this Section, "business hours" shall mean the hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday. Any person who violates this Section shall be liable to the City for all fines and charges levied in connection with the collection, transportation, storage and handling of such container or receptacle by the City. The container or receptacle impounded by the City shall be retrieved by the owner or his or her representative immediately after all applicable fines and charges have been paid. The City Manager may delegate to an authorized collector the authority to impound unauthorized containers and receptacles, and to collect the fines and charges levied by the City.

C. Upon posting of a written notice of violation upon the unauthorized container or receptacle, the customer using the unauthorized container or receptacle shall immediately cease placing solid waste therein.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. The Commercial/industrial business owner or residential householder, as the case may be, shall maintain the containers on their premises, and the area in which they are located, in a good, usable, clean and sanitary condition, and shall ensure that the lid or cover on the container is kept fully closed, and that no solid waste is placed outside of the container. Containers shall at all times be kept in a manner that prevents leakage, spillage and the escape of odors.

B. All containers of one cubic yard or more shall be identified with the name and telephone number of the authorized collector or other solid waste enterprise servicing the containers.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

Residential householders shall keep containers for garbage, recyclable materials and organic waste on the premises from which it is to be collected at a location not visible from the public street, except on the day designated for collection. On the appropriate day, or on the previous day within the time constraints set forth in this Chapter, the containers shall be placed for collection on the curb in front of the premises or on the curb at the side of the premises where the premises are adjacent to more than one street. When the premises are adjacent to a paved alley of sufficient width to allow easy passage of collection vehicles, the containers or bundles shall be placed within two (2) feet of the rear property line of the premises and must be readily accessible for collection from the alley. The authorized collector and residential householder may agree, for an additional fee, or the City Manager may require, under unique circumstances, that collection be made from another location on the premises.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

No residential householder who receives curbside collection service shall place or permit to be placed any solid waste, recyclable materials, or organic waste container at the place of collection at the residential premises before 8:00 a.m. of the day preceding the scheduled collection or leave any such container at the place of collection after 8:00 p.m. on the day of collection, or more than two (2) hours after actual collection, whichever is later.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. Except during times of collection, containers at commercial/industrial premises shall be maintained within an enclosure such that they are not visible from the street or public right-of-way. The specifications and materials of the enclosure shall be as required by Article 9 of this Code or as otherwise specified by the Planning Director. The authorized collector shall plan with the customer the placement of the containers to minimize traffic, aesthetic and other problems associated with their placement.

B. The design of any new, substantially remodeled, or expanded building or other facility shall provide for proper storage, handling, and accessibility that will accommodate the garbage, recyclable materials, and organic waste loading anticipated and that will allow for efficient and safe collection.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

Each authorized collector shall collect all solid waste placed for collection in compliance with this Chapter from each single-family residential and commercial/industrial premises at least once during each calendar week, and not more than six (6) days shall elapse between one collection and the next unless the regular day of collection falls on a holiday. Recyclable materials or organic waste collected by the authorized collector from single-family residential premises must be collected at least once each week, on the same day as solid waste collection. Authorized collectors serving single-family residential premises shall coordinate routes and schedules of collection so that collection from individual residential neighborhoods will be made on the same day of each week. Each authorized collector shall possess a sufficient number of vehicles, including spares, to maintain the collection schedule at all times. Collection routes and schedules for service to single-family residential premises shall be submitted to and approved by the City Manager.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

No collection shall be made between the hours of 7:00 p.m. and 7:00 a.m., nor at any time on weekends. The City Manager may waive such requirement when necessitated by holidays or conditions beyond the control of the authorized collector.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

Authorized collector shall conduct their operations so as to offer the least possible obstruction and inconvenience to public traffic or disruption to the peace and quiet of the area within which collections are made. Noise emitting from any collection shall not exceed seventy-five (75) decibels when measured at a distance of twenty-five (25) feet.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. The City shall provide a program for the collection of recyclable materials from residential premises. For the purposes of this Section, recyclable materials includes organic waste.

B. Recycling Requirements.

1. Single-family residential premises shall recycle recyclable materials by source-separating and depositing the same in recycling containers provided by the City's authorized collector.

2. Recyclable materials placed for curbside residential recycling collection shall become the property of the authorized collector at the time of placement at the curb or other designated location for collection. The authorized collector shall have the exclusive right to collect such recyclable materials.

3. Notwithstanding paragraph 2. above, prior to the time of collection, the residential householder shall have the right to reclaim recyclable materials placed for collection at his or her single-family residential premises.

C. Organic Waste Requirements.

1. Single-family residential premises shall make arrangements with the authorized collector for organic waste recycling services in compliance with SB 1383 (2016) and CalRecycle regulations.

2. Generators shall arrange for a size, quantity and collection frequency of collection containers to adequately store all solid waste generated in connection with the premises between the times designated for collection service. The City shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this Chapter.

3. Generators shall place source separated organic waste, including food waste, in the organic waste collection container; place source separated recyclable materials in the recyclable material collection container; and place garbage in the approved garbage collection container. Generators shall not place prohibited container contaminants into containers.

4. Nothing in this Chapter limits the right of any person to donate, sell, or otherwise remove such person's recyclable materials so long as the removal otherwise complies with this Chapter.

5. Organic waste may be fed to animals on the premises where such organic waste is produced, provided that the premises are kept in a sanitary condition and does not result in a public nuisance; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable laws.

6. Organic waste may be used in on-site composting or community composting, pursuant to 14 CCR Section 18984.9(c), provided that such operation conforms to the applicable laws.

7. Generators shall provide or arrange for access during all inspections and investigations (with the exception of a private residential dwelling unit) and cooperate with the City or the authorized collector during such inspections and investigations.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. The authorized collectors shall provide a program for the collection of recyclable materials from each commercial/industrial premises served. For the purposes of this Section, recyclable materials includes organic waste.

B. When recyclable materials are placed in containers that the authorized collector provides for the collection of recyclable materials or organic waste, such recyclable materials or organic waste shall become the property of the authorized collector, as the case may be. The authorized collector shall have the exclusive right to collect recyclable materials and organic waste from such containers.

C. Prior to the time of collection, the commercial/industrial business owner shall have the right to reclaim recyclable materials placed for collection at the owner's commercial/industrial premises.

D. Recycling Requirements.

1. Owners, landlords, tenants and occupants of commercial/industrial premises, and City premises, jointly or severally, shall recycle recyclable materials by depositing the same in recycling containers provided by the authorized collector.

2. Occupants or landlords of commercial/industrial premises and multi-family residential premises shall designate, for the convenience and use of occupants' employees and independent contractors, recycling collection and storage areas and shall place appropriate signs in and around the proximity of such areas.

3. Occupants or landlords of commercial/industrial premises shall ensure that their employees, occupants, and independent contractors are educated about recycling services available at the site. Information, including the types of recyclable materials accepted, the location of recycling containers, and the employees' and occupants responsibility to recycle shall be distributed periodically, and all new occupants, employees when hired, and independent contractors when retained, shall also be given such information and instruction. All occupants, employees and independent contractors shall also be given appropriate information and instructions concerning any change in recycling services to the commercial/industrial premises.

E. Organic Waste Requirements. Commercial generators, City premises, large events and large venues shall be responsible for compliance with the following organic waste requirements.

1. Each commercial generator shall subscribe to a level of solid waste handling service with the authorized collector that is sufficient to handle the volume of garbage, recyclable materials and organic waste generated or accumulated on the premises. Additionally, each commercial generator shall ensure the proper separation of solid waste, as established by the City and the authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper source separation of solid waste.

2. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors, conforming with requirements of this Section, for employees, contractors, tenants, and customers, consistent with the solid waste collection service.

3. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of solid waste.

4. Provide educational information before, or within, fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from garbage (when applicable) and the location of containers and the rules governing their use at each property.

5. Accommodate and cooperate with the City and the authorized collector's monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance.

6. Commercial businesses that are landscapers, shall meet the requirements of Section 5.3.140.

7. If a commercial generator back-hauls, the commercial generator shall meet the back-haul requirements in Section 5.3.140.

F. Commercial generators, excluding multi-family residential premises, shall comply with the following requirements:

1. Provide containers for the collection of source separated organic waste and source separated recyclable materials in all indoor and outdoor areas where garbage disposal containers are provided for customers, for materials generated onsite. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one type of collection container, then it is not required to provide that type of collection container in all areas where disposal collection containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the collection containers shall have either:

a. A body or lid that is gray or black for collection of garbage, blue for collection of recycling, and green for collection of organic waste. A commercial generator is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

b. 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. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

2. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the solid waste collection service.

3. Periodically inspect organic waste, recyclable materials, and garbage containers for prohibited container contaminants 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).

4. Commercial generators that are commercial edible food generators shall comply with commercial edible food generator requirements.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. Pursuant to 14 CCR Section 18984.11, the City may grant waivers to commercial business for physical space limitations. Commercial businesses seeking a waiver shall submit their request on a form as specified by the City Manager. After reviewing the waiver request, and after an on-site review, if applicable, the City Manager may either approve or deny the following waiver requests.

B. The applicant shall pay a waiver fee as authorized by resolution of the City Council. The fee shall reflect the City's reasonable costs of issuing and monitoring compliance with the waiver requirements set forth herein. Waivers issued between January 1 and March 31 shall pay one hundred (100) percent of the waiver fee; waivers issued between April 1 and June 30 shall pay seventy-five (75) percent of the waiver fee; waivers issued between July 1 and September 30 shall pay fifty (50) percent of the waiver fee; waivers issued between October 1 and December 31 shall pay twenty-five (25) percent of the waiver fee.

1. De Minimis Waivers. The City may waive a commercial business' obligation to comply with some or all the requirements of Section 5.3.270 if the commercial business meets the following requirements:

a. Submit an application specifying the type of waiver requested and provide documentation as described below.

b. Provide documentation that either:

i. The commercial business receives two (2) or more cubic yards of weekly solid waste handling service (including garbage, recyclable material and organic waste) and disposed organic waste comprises less than twenty (20) gallons per week of the business' total weekly solid waste volume; or

ii. The commercial business receives less than two (2) cubic yards of weekly solid waste handling service (including garbage, recyclable material and organic waste) and disposed organic waste comprises less than ten (10) gallons per week of the business' total weekly solid waste volume.

iii. For the purposes of subsections i. and ii. above, weekly solid waste handling service shall be the sum of a commercial business' weekly garbage container volume, recyclable material container volume and organic waste container volume, measured in cubic yards.

c. Notify the City if circumstances change such that volume of commercial business' disposed organic waste placed in containers exceeds threshold required for waiver, in which case waiver will be rescinded.

d. Provide written verification of eligibility for de minimis waiver every five (5) years if the City has approved de minimis waiver.

2. Physical Space Waivers. The City may waive a commercial business' obligations to comply with some or all of the recyclable materials and/or organic waste solid waste handling service requirements if the City has evidence from its own staff, the authorized collector, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with solid waste handling service requirements. A commercial business or property owner may request a physical space waiver through the following process:

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

b. Provide documentation that the premises lacks adequate space for the recyclable materials containers and/or organic waste containers including documentation from the authorized collector, a licensed architect, or a licensed engineer.

c. Provide written verification to the City that it is still eligible for physical space waiver every five (5) years if the City has approved application for a physical space waiver.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. The City Manager, the authorized collector, or designee is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this Chapter, subject to applicable laws. This Section does not allow entry in a private residential dwelling unit for inspection. For the purposes of inspecting collection containers for compliance, the City Manager, the authorized collector, or designee may conduct container inspections for prohibited container contaminants using remote monitoring, and generators shall accommodate and cooperate with the remote monitoring.

B. A person subject to the requirements of this Chapter shall provide or arrange for access during all inspections (with the exception of a private residential dwelling unit) and shall cooperate with the City Manager, the authorized collector, or designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this Chapter. Failure to provide or arrange for: (i) access to the premises; (ii) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (iii) access to records for any inspection or investigation is a violation of this Chapter and may result in penalties.

C. Any records obtained by the City Manager, the authorized collector, or designee during inspections, investigations, remote monitoring and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act (Government Code Section 6250 et seq.).

D. The City, the authorized collector, or designee shall accept written complaints from persons regarding an entity that may be potentially non-compliant with this Chapter.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

All vehicles utilized for the collection or disposal of solid waste within the City shall comply with the following standards:

A. Each vehicle shall be constructed and used so that no solid waste, oil, grease, or other substance will blow, fall or leak out of the vehicle.

B. A broom and shovel shall be carried on each vehicle at all times.

C. Each vehicle shall comply with all applicable statutes, laws, or ordinances of any public agency having jurisdiction.

D. Routine inspections by the California Highway Patrol will be required annually and certificates or sticker number for the inspections shall be filed with the City Manager. Brakes shall be inspected quarterly and proof of inspection shall be available to the City upon request.

E. All vehicles shall at all times be kept clean and sanitary, in good repair and well and uniformly painted to the satisfaction of the City Manager.

F. Each vehicle shall be equipped with watertight bodies fitted with close-fitting metal covers to the satisfaction of the City.

G. The authorized collector's name or firm name and its telephone number shall be printed in legible letters not less than four (4) inches in height on both sides and rear of all collection vehicles used in the City.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. All solid waste hauled by any person over public streets in the City shall be securely tied and covered during hauling thereof so as to prevent leakage, spillage, or blowing. No person shall allow any solid waste of any kind whatsoever to leak, spill, blow or drop from any vehicle on any public street within the City.

B. Until picked up by an authorized collector, each person shall be responsible for the cleanup of any and all solid waste which that person has generated, dumped, spilled or otherwise lost or littered, notwithstanding human or animal interference with containers, wind or other natural forces. The authorized collector shall be responsible for the cleanup of any solid waste spilled during collection, removal or transfer.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. Every person shall keep the place or premises occupied by him or her, and every owner of any unoccupied place or premises shall keep the same, in a clean and sanitary condition and shall not cause, suffer or permit any solid waste to accumulate in, on or about such place or premises for a period in excess of one calendar week, except that the City Manager may authorize in writing less frequent collection, removal and disposal for compactors at commercial/industrial premises. This provision shall not be construed to prohibit any person from keeping building materials in, on or about any place or premises during the period of active construction, reconstruction or repair of a building or structure thereon under a current valid building permit, nor the keeping of wood neatly piled upon such place or premises for household use, nor the composting of yard trimmings. The purpose of these provisions is to prescribe requirements designed to meet and further the goals of the Act; as well as the California Green Building Code (which has been adopted by Section 8.8.005 of this Code).

B. The keeping upon premises of solid waste which is offensive, obnoxious, or unsanitary is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. No person shall burn or bury any solid waste, hazardous waste or recyclable materials within the City at any time.

B. No person shall transfer solid waste from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the City Manager or is necessary due to mechanical failure of or accidental damage to a collection vehicle.

C. No person shall deposit any hazardous waste in any container utilized for the collection of solid waste.

D. No person shall deposit prohibited container contaminants in a container utilized for the collection of recyclable materials.

E. No person shall deposit prohibited container contaminants in a container utilized for the collection of organic waste.

F. No person shall deposit recyclable materials or organic waste in a container utilized for the collection of garbage.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. No person shall tamper with, modify, scavenge from or deposit solid waste in, any solid waste container which has not been provided for his or her use, without the permission of the owner of the container.

B. Except as otherwise provided in this Chapter, no person other than an authorized collector shall collect the recyclable materials from single-family residential premises within the City.

C. The foregoing prohibitions are in addition to the prohibitions set forth in Public Resources Code Section 41950 et seq.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. Each authorized collector shall maintain a local phone number, email address, and website form to answer inquiries and receive complaints. The phone number, email address, and website address shall be listed on all customer invoices and correspondence. The phone shall be answered by a representative of the authorized collector, at a minimum, during the hours between 8:00 a.m. and 5:00 p.m. of each weekday. A voicemail service shall be available to take messages for calls received outside of those hours. All phone messages, emails, and website submissions shall be responded to within one business day. The authorized collectors shall provide to the City an emergency telephone number where a manager or other supervisory individual can be reached twenty-four (24) hours a day.

B. Each authorized collector shall maintain a written log of all complaints received. Such log shall contain the date of complaint, the complainant's name, address, and telephone number, the nature of the complaint, the action taken or the reason for inaction, and the date such action was taken. Such log of complaints and other records pertaining to solid waste or recyclable materials collection and disposal shall be open to inspection by the City at all reasonable times. All inquiries and complaints shall be promptly answered and dealt with to the satisfaction of the City.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

Each authorized collector shall at all times provide, at its own expense, workers' compensation insurance coverage for all employees, in the amounts required by state law. Each authorized collector shall file and maintain certificates with the City Manager showing the insurance to be in full force and effect at all times the authorized collector has a valid collection agreement or permit, as the case may be, issued by the City. Thirty (30) days' prior written notice by certified mail, return receipt requested, shall be given to the City by the insurance carrier in the event of suspension, cancellation, reduction in coverage or in limits or nonrenewal of this policy for whatever reason.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. Each authorized collector shall obtain and maintain in full force and effect throughout the term of the permit a broad form comprehensive general liability (occurrence) policy with limits as established in the collection agreement or by the City Manager. This insurance shall protect the authorized collector and the City from any claim for damages for bodily injury including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Chapter, whether such operations be by the authorized collector or by its agents, employees and/or subcontractors. The required insurance policy shall name the City, its officers, employees and agents as additional insureds and shall contain a severability of interest clause. Copies of the policies or endorsements evidencing the above-required insurance coverage shall be filed with the City Manager.

B. The above-required insurance coverage shall be primary, and any insurance maintained by the City shall be excess insurance only. Each authorized collector shall procure required coverage from an insurer authorized to do business in the State and having a general policyholder's rating of B+VII or better in the most current issue of "Best's Insurance Guide."

C. The following endorsement is required to be made a part of the insurance policies required by this Section. Thirty (30) days' prior written notice by certified mail shall be given to the City in the event of suspension, cancellation, reduction in coverage or in limits or nonrenewal of this policy for whatever reason. Such notices shall be sent to the City Manager. No less than ten (10) days prior to the expiration of any required policy, the City shall be furnished with renewals or binders thereof.

D. In the event of the termination or cancellation of the insurance required hereunder, and the failure of the authorized collector to provide other such insurance ten (10) days prior to the effective dates of such cancellation or termination, the collection agreement or hauler permit may be immediately suspended by the City Manager.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

All authorized collectors shall indemnify, defend and hold harmless the City and its officers, employees and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties and reasonable attorney's fees, that the City shall incur or suffer which arise, result from or relate to the collection, transportation, processing or disposal of solid waste by that authorized collector.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

All authorized collectors must provide recyclable materials and organic waste collection from every account serviced in the City and shall promote this service, unless City grants a waiver to the commercial/industrial premises. All authorized collectors shall be required to cooperate with the City in the preparation of solid waste generation studies, waste audits and similar analyses, and at the direction of the City, shall implement measures to achieve the City's solid waste source reduction and recycling goals, as mandated by the Act, or amendments thereof.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

As directed by the City Manager, all authorized collectors shall monitor and maintain records pertaining to solid waste generation, composition and diversion factors within the City, and shall provide periodic reports to the City sufficient to satisfy the reporting requirements of the Act, or amendments thereof.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. The City Council, upon recommendation of the City Manager or on its own initiative, may adopt such administrative rules, not inconsistent with this Chapter or any collection contract, as may be necessary for the proper administration and enforcement of this Chapter. Such administrative rules may include provisions relating to the required frequency of solid waste collection from various types of places or premises, the types of containers required for certain classes of places or premises, and regulations governing the vehicles used in making such collections.

B. The City Council shall resolve all disputes concerning the administration or enforcement of this Chapter; their decision in such matters shall be final.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)

A. A Violation of any provision of this chapter shall constitute an infraction and will be grounds for issuance of a notice of violation and assessment of an administrative citation and penalty by the City's Enforcement Officer or the Enforcement Agency.

B. Violation of any provision of this Chapter shall be subject to the provisions and penalties set forth in Chapter 1.2 of this Code.

C. The City Manager or designated Enforcement Agency may issue a notice of violation requiring compliance within sixty (60) days or sooner of issuance of the notice.

D. Absent compliance by the respondent within the deadline set forth in the notice of violation, the City Manager or designated Enforcement Agency shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the City's standard procedures or the standard procedures of its designated Enforcement Agency.

E. 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 California courts to seek recovery of unpaid administrative citations, and fines. 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.

(Ord. No. 290U-22, § 2 (Exh. A), 3-23-2022; Ord. No. 291-22, § 2 (Exh. A), 4-13-2022)