Windsor Municipal Code Art. 2 Collection, Storage, and Handling of Solid Waste

Footnotes:

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Editor's note— Ord. No. 2021-358, § 1, adopted Dec. 15, 2021, amended Art. 2 in its entirety to read as herein set out. Former Art. 2, §§ 11-1-200—11-1-225, pertained to similar subject matter, and derived from Ord. No. 2017-315, § 1, adopted Oct. 4, 2017.

a. The primary responsibility for proper handling of solid waste generated or accumulated on any premises is on the generator of the solid waste. Should the generator refuse, neglect or fail to provide for the proper handling of solid waste in accordance with this title, the owner of the premises within or upon which the solid waste has been generated or accumulated shall provide for proper handling of the solid waste in accordance with the provisions of this title.

b. All organic waste generators shall comply with the following requirements, except generators meeting the self-haul requirements in Section 11-1-210:

1. Subscribe to the Town's organic waste collection services for all organic waste generated; and

2. Ensure the proper source separation of solid waste and participate in the Town's collection services, as established by the Town and franchisee, by placing each type of material in designated collection containers as follows:

(A) Generators shall place source separated organic materials in the organic materials collection container; place source separated recyclable materials in either the recyclable material collection container or organics material collection container, as established by the Town and franchisee; and place garbage and other solid waste materials, as directed, in the approved garbage collection container.

(B) Generators shall not place prohibited container contaminants into the garbage collection container, organic materials collection container, or recyclable material collection container consistent with the requirements of the Town and franchisee.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. Container Requirements.

1. All persons generating solid waste on any premises within the Town shall maintain sufficient containers for receiving and holding all solid waste generated on such premises.

2. All generators subscribing to solid waste collection services or temporary construction and demolition debris collection services shall use the containers issued by the exclusive or non-exclusive franchisee, as applicable, for receiving and holding all solid waste generated on the subscriber's premises and shall keep and maintain such containers in a clean and sanitary condition.

3. All generators subscribing to solid waste collection services or temporary construction and demolition debris collection services shall not place prohibited container contaminates in collection containers.

4. Containers on premises receiving solid waste collection services from the exclusive franchisee shall be nonabsorbent, watertight, vector-resistant, durable, easily cleanable, and designed for safe handling. No cardboard boxes, paper or plastic bags or other similarly nondurable receptacle may be used as a container to hold or store solid waste.

5. Containers on premises receiving temporary construction and demolition debris collection services from a non-exclusive franchisee shall be nonabsorbent, durable, easily cleanable, and designed for safe handling. No cardboard boxes, paper or plastic bags or other similarly nondurable receptacle may be used as a box, bin, or dumpster to hold or store solid waste.

6. Containers shall be of an adequate size and in sufficient numbers to contain without overflowing, all of the solid waste generated on the premises. The Town or its designated enforcement agency shall have the right to verify the number and size of a generator's containers to evaluate adequacy of capacity of materials; and generators shall adjust its service level for its collection services as requested by the Town. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

7. Containers when filled shall not exceed reasonable lifting weights for an average physically fit individual except where automated vehicles or equipment are used.

8. Containers shall at all times be kept covered or closed except when necessary to place solid waste therein or to take solid waste therefrom. Each container, including its cover, shall be kept clean from accumulating grease or decomposing matter.

9. Containers used for temporary construction and demolition debris collection services may be kept uncovered during the course of work but shall be covered while not in use.

b. Container requirements—Commercial organic waste generators shall:

1. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with Town's collection services.

2. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials.

3. Provide education 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.

4. Provide or arrange access for the Town or its designated enforcement agency to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

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

6. Nothing in this chapter prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

7. Commercial premises that are commercial edible food generators shall comply with food recovery requirements, pursuant to Section 11-1-230.

c. Container requirements—Commercial organic waste generators, excluding multi-family dwellings, shall:

1. Provide containers for the collection of source-separated organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that commercial premise. Such containers do not need to be provided in restrooms.

2. If commercial premise does not generate any of the materials that would be collected in one (1) type of container, then the commercial premise does not have to provide that a particular container to collect said type of waste in all areas where disposal 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 recyclable materials, and green for collection of organic waste. A commercial premise is not required to replace functional collection 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 collection 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.

3. 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 Town's solid waste collection service.

4. Periodically inspect organic waste, recyclable materials, and garbage containers for contamination and inform employees if containers are contaminated and of the requirements to keep prohibited container contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

5. Commercial premises that are a commercial edible food generator shall comply with food recovery requirements, pursuant to Section 11-1-230.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. Residential Collection Services.

1. All containers located at residential premises receiving solid waste collection services from the exclusive franchisee, shall be placed curbside (except where walk-up service is provided) and at a time immediately prior to the regularly scheduled time for collection services.

2. Containers shall not be placed for pickup earlier than twenty-four (24) hours prior to the regularly scheduled collection day. Containers shall not be left out for more than twenty-four (24) hours after the regularly scheduled collection day.

3. At all other times, the containers shall be kept and maintained in a location screened from view from the public right-of-way.

b. Commercial Collection Services.

1. Every commercial premises shall designate space on the property to be used for storage of collection containers for all solid waste generated on the property. Each commercial premise with collection containers shall keep the area where the collection container is located in good repair, a clean, safe and sanitary condition.

2. The design of any new, substantially remodeled or expanded building or other facility on a commercial premises or multifamily dwelling shall be in compliance with the California Solid Waste Reuse and Recycling Access Act (California Public Resources Code Sections 42900 through 42911), and the Town's Zoning Ordinance.

3. Storage containers shall be placed to minimize traffic, aesthetic and other problems, both on the commercial premises and for the general public.

c. Temporary Construction and Demolition Debris Collection Services.

1. Any container provided by a non-exclusive franchisee for temporary construction and demolition debris collection services that will be placed in the Town's right-of-way shall obtain an encroachment permit from the Town prior to placement.

2. Every container on premises shall be kept graffiti free and in good repair.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. It is unlawful for any person to accumulate solid waste upon any premises in any amount that creates a nuisance.

b. It is unlawful for any person to allow solid waste to remain on any premises for a period in excess of one (1) calendar week, except as may be delayed by holiday closures.

c. It is unlawful for any person to keep, accumulate or permit to be accumulated, any solid waste upon any premises, or any public or private lane, place, street, alley or drive, unless such solid waste is in a container that satisfies the requirements in Section 11-1-202.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. De Minimis Waivers. The Town or its designated enforcement agency, may waive a commercial premise's obligation to comply with some or all the organic waste collection requirements of this chapter, if the commercial premise provides documentation that the commercial premise generates below a certain amount of organic waste material as described in below. Commercial premises requesting a de minimis waiver shall:

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

2. Provide documentation that either:

(A) The commercial premise's total solid waste collection service is two (2) cubic yards or more per week and disposed organic waste subject to collection in the designated recycling container and designated organic waste container comprises less than twenty (20) gallons per week per applicable container of the premises' total solid waste; or

(B) The commercial premise's total solid waste collection service is less than two (2) cubic yards per week and disposed organic waste subject to collection in the designated recycling container and designated organic waste container comprises less than ten (10) gallons per week per applicable container of the premises' total solid waste.

For the purpose of subsection (A) and (B) above, total solid waste collection shall be the sum of weekly garbage container volume, recyclable material container volume, and organic waste container volume, measured in cubic yards.

3. Notify the Town or designated enforcement agency if circumstances change such that commercial premise's disposed organic waste exceeds threshold required for waiver, in which case waiver may be rescinded.

4. Provide written verification of eligibility for de minimis waiver every five (5) years, if the Town or designated enforcement agency has approved de minimis waiver.

5. After reviewing the waiver request, and after an on-site review by the Town or designated enforcement agency, if applicable, the Town Manager and/or designated enforcement agency may either approve or deny the following waiver requests.

b. Physical Space Waivers. The Town or designated enforcement agency may waive a generator's obligations to comply with some or all of the recyclable materials and/or organic waste collection service if the Town has evidence from Town staff or designated enforcement agency, a franchisee, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements. A generator may request a physical space waiver through the following process:

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

2. Provide documentation that the premises lack adequate space for the designated recycling containers and designated organic waste containers including documentation from the Town, its designated enforcement agency, or a franchisee, licensed architect, or licensed engineer.

3. Provide written verification to the Town or designated enforcement agency that it is still eligible for physical space waiver every five (5) years, if the Town or designated enforcement agency has approved application for a physical space waiver.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. The Town, its designated enforcement agency, and its franchisees are authorized to conduct inspections, investigations and remote monitoring, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial premises, property owners, commercial edible food generators, franchisees, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the Town, or its designated enforcement agency or franchisee to enter the interior of a private residential property for inspection.

b. Regulated entities shall provide or arrange for access during all inspections (with the exception of interior of a private residence) and shall cooperate with the Town's employee or its designated enforcement agency during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

1. Any records obtained by the Town or its designated enforcement agency during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

2. The Town and its designated enforcement agency are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

3. The Town or its designated enforcement agency shall receive written complaints from persons regarding an entity that may be potentially non-compliant with this chapter, including receipt of anonymous complaints.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. Self-haulers shall source separate all recyclable materials and organic waste (materials that Town otherwise requires generators to separate for collection in the Town's organics and recycling collection program) generated on-site from all other solid waste in a manner consistent with 14 CCR Sections 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.

b. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic materials to a solid waste facility, operation, activity, or property that processes or recovers source separated organic materials in a manner consistent with 14 CCR Sections 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.

c. Self-haulers that are commercial premises shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the Town, or its designated enforcement agency and self-hauler shall provide this information to Town or its designated enforcement agency 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 organic waste.

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

d. A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsection (c) above.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. Tier One commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

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

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

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

2. Contract, or enter into a written agreement, with food recovery organizations or food recovery services for:

(A) The collection of edible food for food recovery; or

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

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

4. Allow the Town's designated enforcement agency to access the premises either in person or virtually to review records pursuant to 14 CCR Section 18991.4.

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

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

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

(C) A record of the following information for each of those food recovery services or food recovery organizations:

(1) The name, address and contact information of the food recovery service or food recovery organization.

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

(3) The established frequency that food will be collected or self-hauled.

(4) 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.

d. 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 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 2021-358, § 1, 12-15-2021)

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

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

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

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

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

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

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

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

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

c. Food recovery organizations and food recovery services that have their primary address physically located in the Town and contract with or have written agreements with one (1) or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the Town the total pounds of edible food recovered in the previous calendar year from the Tier One and Tier Two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than June 1st.

d. 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 Town shall provide information and consultation to the Town or its designated enforcement agency, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the Town and its commercial edible food generators. A food recovery service or food recovery organization contacted by the Town or its designated enforcement agency shall respond to such request for information within sixty (60) days unless a shorter timeframe is otherwise specified by the Town or its designated enforcement agency.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. 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 Town's or its designated 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 Town or its designated enforcement agency shall respond within sixty (60) days.

b. Community composting operators, upon the Town's or its designated enforcement agency's request, shall provide information to the Town or its designated enforcement agency to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the Town or its designated enforcement agency shall respond within sixty (60) days.

(Ord. No. 2021-358, § 1, 12-15-2021)

It is unlawful for any person to discard, throw, scatter or deposit, or cause to be discarded, thrown, scattered, or deposited, any solid waste, hazardous waste, including household hazardous waste, or any other wastes upon any premises or upon any highway, street, alley, gutter, sidewalk, park, waterway, or other public place within the Town.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. It is unlawful to burn, or cause to be burned, any solid waste within the Town limits.

b. It is unlawful to bury solid waste any place within the Town limits; provided, however organic waste may be composted provided that the composting:

1. Occurs at a permitted facility or occurs on the premises where the organic waste was generated; and

2. Is conducted in accordance with accepted composting practices; and

3. Is conducted in accordance with applicable federal, state and local laws and regulations; and

4. Does not generate offensive odors or provide a source of food or harborage for vermin or insects; and

5. Does not create a public or private nuisance.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. Upon placement by the generator of solid waste in a container designated for collection by the exclusive or non-exclusive franchisee, such solid waste shall become the property of such franchisee; provided however, the generator shall have the right up to the point in time that the franchisee empties the container to retrieve any item discarded in error. Only upon the franchisee's proper disposal and/or recycling of solid waste will the franchisee's ownership of said solid waste terminate.

b. No person shall access any container for the purpose of removing or taking solid waste, including but not limited to, recyclable materials placed therein for collection by the franchisee. No person other than an agent or employee of the Town, or its designated enforcement agency, or the franchisee shall remove or otherwise interfere with any container that has been placed in a location appropriate for storage and/or the collection of solid waste without the prior written approval of the responsible party.

c. It is unlawful and a public nuisance for any person, other than the responsible party, to tamper or meddle with any container, or to remove the contents thereof from the location where the same shall have been placed by such responsible party.

d. It is unlawful for any person to discard, throw or deposit solid waste, hazardous waste, including, but not limited to, household hazardous waste, or any other wastes into any containers that are not their own unless such container is clearly identified or labeled as a public container.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. No solid waste shall be transported on or along the streets, highways and alleys of the Town unless it is transported in a vehicle constructed or equipped so as to prevent solid waste from leaking, dripping, falling, blowing, scattering or otherwise escaping onto or upon such streets, highways and alleys.

b. The contents of vehicles transporting solid waste must be covered so as to prevent solid waste from being blown upon the streets, alleys, adjacent lands, or any public highway in the Town unless such solid waste is contained in watertight metal containers, equipped with close-fitting tarps and/or covers affixed to the containers in such a manner as to prevent solid waste from dropping, spilling or otherwise escaping from the vehicle.

c. Vehicles used by exclusive and non-exclusive franchisees for the purpose of transporting solid waste shall be permitted by the County of Sonoma, Environmental Health Department or other permitting agency as required by state or local law.

(Ord. No. 2021-358, § 1, 12-15-2021)

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 Town's enforcement officer or its designated enforcement agency.

b. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The Town's procedures on imposition of administrative citations and fines as contained in Sections 1-1-200 and 11-2-120 of this Municipal Code shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter. Any section of this chapter may be enforced by the Town or, if agreed to, by its designated enforcement agency.

c. A violation may be punishable by:

1. A fine of one hundred dollars ($100.00) for a first violation; and

2. A fine of two hundred dollars ($200.00) for a second violation of the same provision of this Code within any twelve-consecutive-month period; and

3. A fine of five hundred dollars ($500.00) for each additional violation of the same provision of this Code within any twelve-consecutive-month period. Any citation issued after the issuance of a third citation or violation of the same provision of this Code within any twelve-consecutive-month period may be charged as a misdemeanor pursuant to the provisions of Sections 1-1-200 and 11-2-120 of this Municipal Code.

d. The Town or designated enforcement agency may issue a notice of violation requiring compliance within sixty (60) days or sooner of issuance of the notice.

e. Absent compliance by the respondent within the deadline set forth in the notice of violation, the Town or designated enforcement agency shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Town's standard procedures or the standard procedures of its designated enforcement agency.

f. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The Town or its designated enforcement agency may pursue civil actions in the California courts to seek recovery of unpaid administrative citations, and fines. The Town or its designated enforcement agency 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 Town or its designated enforcement agency staff and resources.

(Ord. No. 2021-358, § 1, 12-15-2021)