Chapter 8.20 SOLID WASTE

Cross references: Health and safety, Title 8; depositing dead animals, garbage or refuse, § 8.10.050; mobile home parks, Ch. 15.105; public utilities and services, Title 13; prohibited uses; depositing dirt, rubbish or other material, § 9.30.020.

Article I. Collection, Diversion, and Disposal

8.20.010 Purpose.

Assembly Bill 939, the Source Reduction and Recycling Act (Public Resources Code § 40000 et seq.) requires all cities and counties to reduce the amount of waste going to the landfill by 25 percent by 1995 and 50 percent by the year 2000. To reduce waste going to the landfill, it is necessary that all existing and future development be required to participate by designing and implementing plans to reduce and recycle waste.

(Code 1965, § 5430; Code 2002, § 82-81. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.240)

8.20.020 Definitions.

For the purpose of this chapter, and whenever the same are used herein, the following words, terms, and phrases (whether or not capitalized) shall have the meaning ascribed to them as hereinafter set forth, except where the context clearly indicates a different meaning:

(1) Act. The California Integrated Waste Management Act of 1989 (sometimes referred to as “AB 939”), Public Resources Code § 40000 and following as it may be amended, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), 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 of CalRecycle.

(2) Affiliate. Any subsidiary company of the applicant or any parent company of the applicant in which the applicant has a financial interest, and which is directly or indirectly under the operational control of the applicant. An applicant’s general contractor, contractor or subcontractor is not an affiliate if the applicant does not have both a financial interest in the affiliate and operational control of the affiliate.

(3) Applicant. Any individual, firm, limited liability company, partnership, industry, or private corporation, or any other entity that applies to the city for applicable permits or approvals to undertake any construction, demolition, grading, building, tenant improvement, work in the public right-of-way, or renovation project within the city that requires a demolition permit, building permit, grading permit or encroachment permit. An applicant may be the property owner or an authorized agent acting on behalf of the property owner.

(4) Bulky items. Discarded large household appliances such as washers and dryers, dishwashers and other appliances without freon (white goods), e-waste, furniture, tires, carpets, mattresses and similar large items which require special handling due to their size, but can be collected without special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not include abandoned vehicles.

(5) City. The City of Concord.

(6) City Manager. The City Manager of Concord or designee.

(7) Construction and demolition debris (C&D debris). Solid waste such as building materials, packaging and inert debris resulting from C&D projects. Common C&D debris include but are not limited to: lumber, metals, pipe, wire, sheet metal, asphalt, concrete, stone, brick, slate, masonry, drywall, carpet, carpet padding and foam, packing materials, cardboard, paper, building materials, doors, windows, fixtures, plastics, appliances, ceiling or floor tiles, and green waste or landscape debris related to land development such as soil, brush, trees, rock, branches and stumps.

(8) C&D project. Construction, remodeling, repair, demolition, improvement, encroachment, and grading operations on pavement, houses, commercial buildings, structures and construction sites for which a building, demolition, encroachment or grading permit is required by the City of Concord.

(9) Certified facility. A facility that the city has determined to be capable of handling mixed or unmixed loads of C&D debris and diverts from the landfill at least 65 percent by weight from the mixed and unmixed (source separated) loads of C&D debris that are delivered to it and, in addition, is capable of diverting from the landfill at least 75 percent by weight of all inert debris delivered to it.

(10) City Franchise Hauler. The City Franchise Hauler shall have the meaning assigned to the term “garbage collector.”

(11) Commercial business(es). A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

(12) Completion of the covered project. The date the certificate of occupancy for the covered project is issued or, for projects where a certificate of occupancy is not applicable, the date on which the applicable permit was finaled by the city.

(13) Covered project(s). Projects subject to Article III of this chapter and shall have the meaning as defined in Section 8.20.380.

(14) Development. Any new or existing project, facility, or building, the users of which generate waste within and/or on the property.

(15) Director of Community Development. The Director of Community Development for the City of Concord or designee.

(16) Disposed or disposed of. Solid waste including C&D debris that is landfilled.

(17) Diversion requirement(s). The diversion from the landfill of at least 65 percent by weight of solid waste including C&D debris generated by a covered project and, in addition, the diversion from the landfill of at least 75 percent by weight of inert debris generated by a covered project by reuse or recycling.

(18) Diverted, divert or diversion. Solid waste including C&D debris that is not disposed of.

(19) E-waste. Discarded electronics equipment such as cell phones, personal digital assistants (PDAs), computers, monitors, televisions, and other items containing cathode ray tubes (CRTs), LCD, LED or plasma screens and monitors.

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

(21) Exempt waste. Biohazardous or biomedical waste, hazardous waste, 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 which are not acceptable for disposal at a solid waste landfill as defined in AB 939 and subsequent legislation, and those wastes under the control of the Nuclear Regulatory Commission.

(22) Final report. Information required in Section 8.20.410 and any supplemental information the Waste Management Compliance Official (WMCO) may be required to determine applicant’s compliance with the requirements of this chapter.

(23) Food recovery organization(s). An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including food recovery services that transport food for recovery. This includes, but is not limited to:

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

b. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and

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

(24) Garbage. All putrescible and nonputrescible solid, semisolid, and liquid wastes generates or accumulated through the normal activities of a premises. All nonrecyclable packaging and putrescible 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 recyclables, organic material, construction and demolition debris, bulky items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

(25) Garbage collector. As used herein, shall mean an agent or an employee of the city or any person with whom the city shall have duly contracted under the terms hereinafter set out in this chapter to collect and transport solid waste through, in, and from the city.

(26) Green waste. Organic material from trees, shrubs, plants, weeds, branches, grass, lawn clippings, other vegetation, and material capable of being composted; provided, that trees may not be more than six inches in diameter. Green waste does not include plastic bags, bricks, rocks, gravel, large quantities of dirt, concrete, sod, nonorganic material wastes, loose fruits and vegetables, tree trunks, stumps, branches more than six inches in diameter or three feet in length, or pet waste.

(27) Hazardous waste. Any waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (“RCRA”), or the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601 et seq., and all future amendments to either of them, or as defined by the California Environmental Protection Agency or the California Department of Resources, Recycling and Recovery, or either of them. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction thereover, the term “hazardous waste” shall be construed to have the broader, more encompassing definition. Hazardous waste shall also have the meaning as that term is defined in Public Resources Code Section 40141.

(28) Household hazardous waste. Hazardous waste generated at residential sites in the city, including normal residential amounts of household chemicals, pesticides, motor oil, paint, products containing mercury, e-waste categorized as universal waste (such as television tubes or monitors), antifreeze, and lead-acid batteries.

(29) Inert debris. Asphalt, brick, concrete, cinder block and other masonry products, stone, slate, or rock, whether reinforced or unreinforced. All inert debris materials are contained within the definition of “C&D debris” for purposes of this chapter.

(30) Multifamily residential dwelling. Residential premises with five or more dwelling units located on a single parcel of land and any mobile home park located within the city. A multifamily residential dwelling does not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

(31) Organic material(s) and organics. Organic material that can biologically decompose into a specific mixture of decayed matter, including, without limitation, green waste and food waste which means food scraps separated from solid waste that will decompose and/or putrefy including all residential and commercial kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs. The terms “organic materials” and “organics” are used interchangeably.

(32) Organic waste generator. A person or entity that is responsible for the initial creation of organic materials, or as otherwise defined in 14 CCR Section 18982(a)(48) of SB 1383.

(33) Performance security. A non-interest-bearing deposit in cash, check, money order, or by credit card acceptable to the city as required by Section 8.20.400. The applicant will not be credited with any interest on these funds while held by the city. A corporate surety bond or instrument of credit including a letter of credit may be acceptable as approved by the city on a case-by-case basis.

(34) Person(s). Every natural person, firm, co-partnership, association, limited liability company, partnership, trust, or corporation.

(35) Plan(s). An adopted written policy approved by the city describing how waste reduction and recycling is to be accomplished within a development.

(36) Premises. Any dwelling, place of residence, roominghouse, hotel, club, restaurant, boardinghouse, eating place, shop, place of business, and any other building, grounds, or location where solid waste is or may be produced or accumulated, including all sidewalk, curb, gutter, and street and alley areas adjacent thereto.

(37) Program fee. A payment in an amount established by the City Council intended to defray costs to the city for the program established by this chapter.

(38) Recoverable material(s). Material which is capable of being retrieved or diverted from disposal or transformation for the purpose of recycling, reuse, and composting. Recoverable material does not include those materials generated from and reused on site for manufacturing purposes.

(39) Recyclables. Any materials or byproducts that are set aside, handled, and/or packaged for the purpose of being recycled, including, without limitation, glass, paper, cardboard, wood, concrete, plastic, used motor oil and filters, ferrous and nonferrous metal, aluminum, and any other waste materials that are capable of being recycled. This definition includes construction and demolition debris, including inert debris but excludes hazardous waste.

(40) Recycling. The process by which material which would otherwise be disposed of is collected, sorted, cleansed, treated, reconstituted, and reused to make another product after its first use is completed and for which a market is identified for the collected materials.

(41) Residual. Contaminated material, separated from recyclables, that cannot be recycled, composted, marketed, or otherwise utilized, and shall be disposed of as solid waste.

(42) Reuse. The recovery or reapplication of the material for uses similar or identical to its originally intended application, without manufacturing or preparation processes that significantly alter the material.

(43) SB 1383. The Short-Lived Climate Pollutants: Methane Emissions: Dairy and Livestock: Organic Waste: Landfills Act of 2016. Article 4 Title 14, Division 4, Chapter 12 of the California Code of Regulations.

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

(45) Solid waste. Garbage, recyclables, organic materials, construction and demolition debris, bulky items, e-waste, universal waste, and other discarded solid and semisolid wastes as defined in the California Public Resource Code Section 40191, as that section may be amended from time to time. Solid waste means all such materials defined in PRC 40191. Solid waste does not include exempt waste or any of the following wastes: (1) hazardous waste other than e-waste; (2) radioactive waste; and (3) medical waste regulated pursuant to the Medical Waste Management Act.

(46) Solid waste collection. The collection, transportation, hauling, altering, shredding, compacting, processing, moving, removing, collecting, purchasing, selling, transporting, or disposing of solid waste within the city limits.

(47) Source reduction. Efforts taken to minimize the quantity of waste generated and entering the waste stream.

(48) Tier one commercial edible food generator. A commercial edible food generator that is one of the following:

a. Supermarkets with gross annual sales of $2,000,000 or more.

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

c. Food service provider.

d. Wholesale food vendor.

SB 1383 tier one commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2022, or face significant financial penalties.

(49) Tier two commercial edible food generator. A commercial edible food generator that is one of the following:

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

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

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

d. Large venue.

e. Large event.

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

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

SB 1383 tier two commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2024, or face significant financial penalties.

(50) Universal waste. Televisions, computer monitors, consumer electronics with circuit boards, fluorescent lamps, cathode ray tubes, non-empty aerosol cans, instruments and switches that contain mercury, and dry cell batteries containing cadmium copper or mercury.

(51) Waste Management Compliance Official (WMCO). The City Manager or consultant hired by the City of Concord.

(Code 1965, §§ 5400, 5431; Code 2002, §§ 82-31, 82-82, 82-115. Ord. No. 213; Ord. No. 687; Ord. No. 998; Ord. No. 86-13; Ord. No. 91-19; Ord. No. 06-4, § 4; Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.010, 8.20.250, 8.20.340)

Cross references: Definitions and rules of construction, § 1.05.100.

8.20.030 Solid waste collection and sorting.

Organic waste generators subject to the requirements of the Act shall fully comply with all applicable requirements of the Act and SB 1383 or be subject to the penalties as prescribed in Section 18997.2 of SB 1383, as determined by the City Manager. Except as provided in this section, the provision of collection services shall be governed by the contract for solid waste collection referenced in Section 8.20.220, Contracts for solid waste collection.

(1) Residential collection services.

a. Residential collection services. Each service recipient shall use only the containers, provided by the garbage collector and approved by the City Manager, for the purpose of depositing and accumulating residential garbage from the premises.

b. Residential recycling collection service. No materials other than recyclables may be placed in a recycling cart.

c. Organic materials service. All organics must be generated by and at the premises wherein the organics are collected. Only organics may be placed in an organics cart.

d. All service recipients shall be automatically enrolled in garbage, recycling, and organics service, and shall sort recycling and organics and place them in the appropriate container.

(2) Multifamily service.

a. Each multifamily residential dwelling development shall be provided with approved garbage, recycling, and organics cart(s) or bin(s). Such cart(s) or bin(s) shall be located at a central collection site or sites within the multifamily residential dwelling development.

b. Each multifamily residential dwelling development shall negotiate the size of the container and the frequency of collection for collection service with the garbage collector. Such container size and collection frequency shall be sufficient to provide that no materials need be placed outside the collection container on a regular basis.

c. MFD collection services. Only garbage generated by persons occupying the multifamily residential dwelling development or their guests shall be placed in the garbage cart(s) or bin(s) serving the development.

d. MFD recycling services. Only recyclables generated by persons occupying the multifamily residential dwelling development or their guests shall be placed in the recycling cart(s) or bin(s) serving the development.

e. MFD organic materials service. Only organics generated by persons occupying the multifamily residential dwelling development or their guests shall be placed in the organics cart(s) or bin(s) serving the development.

(3) Commercial service.

a. Commercial garbage collection services.

1. Each place of business shall be provided with approved garbage, recycling, and organics cart(s) or bin(s), as required by this Code, as the same now exists or may hereafter be amended.

2. Such container size and collection frequency shall be sufficient that no garbage, recyclables, and organics need be placed outside the collection container on a regular basis.

3. Only garbage, recyclables, and organics generated by the operation of the business shall be placed in the container serving that place of business.

4. All service recipients shall be automatically enrolled in garbage, recycling, and organics service, and shall sort recycling and organics and place them in the appropriate container unless service recipient has an approved waiver.

(4) General requirements.

a. Commingling of organics with other forms of solid waste prohibited; no person may place or cause to be placed for collection organic materials in any container designated for the collection of any other form of solid waste.

b. Each commercial premises and multifamily residential dwelling complex property owner shall be responsible for ensuring and demonstrating its compliance with the following requirements:

1. Provide recyclables containers for recyclables in multifamily residential dwelling complex rental units and in maintenance and work areas where recyclables may be collected and/or stored.

2. Prominently post and maintain one or more signs where recyclables and/or organics are collected and/or stored that set forth what materials are required to be source separated in addition to collection procedures for such materials.

3. Notify and instruct employees and tenants of applicable source separation requirements, including a list of recyclables and/or organics that are required to be source separated for recycling. A copy of such instructions shall be provided to the City Manager, upon request.

4. Ensure that recyclables and/or organics generated at their site will be taken only to a recycling facility and not to a landfill for disposal by complying with all requirements under this chapter.

5. The self-haul form or other documents pertaining to this chapter shall be available for inspection by the City Manager at the principal location of the covered generator during normal business hours.

6. No solid waste collector shall be held liable for the failure of its customers to comply with such regulations.

7. No organic waste generator shall be liable for the failure of their waste hauler to deliver designated recyclables or designated organic materials to a recycling or processing facility.

8. It shall be the responsibility of the business or multifamily residential dwelling complex property owner whose garbage was not removed because it contained recyclables or organics to properly separate recyclables or organics from the uncollected garbage for proper recycling. Allowing such unseparated garbage to accumulate will be considered a violation of this chapter.

(Ord. No. 21-6, § 5 (Exh. A))

8.20.040 Edible food recovery required.

Tier one commercial edible food generators shall comply with the requirements of Title 14, Division 7, Chapter 12 of the California Code of Regulations commencing January 1, 2022. Tier two commercial edible food generators shall comply with the requirements of Title 14, Division 7, Chapter 12 of the California Code of Regulations commencing January 1, 2024.

A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the requirements of Title 14, Division 7, Chapter 12 of the California Code of Regulations.

Commercial edible food generators shall comply with the following requirements:

(1) Arrange to recover the maximum amount of edible food for human consumption that would otherwise be disposed or diverted.

(2) Contract with or enter into a written agreement with food recovery organizations 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.

(4) Commercial edible food generators and food recovery organizations shall maintain a record acceptable to City Manager and in compliance with applicable law.

(5) Keep records that include the information as otherwise specified in 14 CCR Section 18991.4.

Food recovery organizations shall comply with the following requirements:

(1) 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 records as specified by 14 CCR Section 18991.5(a)(1) and (2).

(2) Food recovery organizations that have their primary address physically located in the jurisdiction and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the jurisdiction they are located in 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 July 1, 2022.

In order to support edible food recovery capacity planning assessments or other studies, food recovery organizations operating in the city shall provide information and consultation to the city, upon request.

(Ord. No. 21-6, § 5 (Exh. A))

8.20.050 Keeping and deposit of solid waste.

It shall be unlawful for any person to place, deposit, keep, or bury any solid waste on, in, or under any premises, except in containers as hereinafter provided. It shall be unlawful for any person to deposit any solid waste in any city sewer or plumbing fixture or pipe connected thereto, except through an approved mechanical device which shreds and grinds solid waste.

(Code 1965, § 5401; Code 2002, § 82-32. Ord. No. 213; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.020)

8.20.060 Accumulation of solid waste.

It shall be unlawful for the owner, occupant, or person in charge of any premises to allow the accumulation of any solid waste in, on, or under any premises at any time which is, or may become, a menace to health and sanitation or a fire hazard. It shall be unlawful for the owner, occupant, or person in charge of any premises to ever at any time suffer, permit, or allow any solid waste of any kind to remain in, on, or under such premises for a period in excess of seven days. All solid waste shall be kept in containers as hereinafter provided. Notwithstanding the foregoing, solid waste which is too large or bulky to be placed in such receptacles may be kept instead in an enclosed structure or storage unit.

(Code 1965, § 5402; Code 2002, § 82-33. Ord. No. 213; Ord. No. 86-13; Ord. No. 87-32; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.030)

8.20.070 Placing solid waste on street, sidewalk, alley, or public place.

It shall be unlawful for any person to throw, place, scatter, or deposit, or cause to be thrown, placed, scattered, or deposited, upon any street, sidewalk, alley, or public place in the city, any solid waste, except that a property owner may place properly packaged materials at the curb on regularly scheduled days provided by the city’s authorized garbage collector for removal of the same.

(Code 1965, § 5403; Code 2002, § 82-34. Ord. No. 213; Ord. No. 687; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.040)

Cross references: Streets, sidewalks, and other public places, Title 12.

8.20.080 Unlawful collection.

The city, in order to more effectually promote and protect the public health and safety and reduce the danger and hazards of fire, reserves unto itself the exclusive right to collect solid waste produced or found within the corporate limits of said city. It shall be unlawful for any person to collect solid waste within the city, except as in this article expressly provided.

(Code 1965, § 5404; Code 2002, § 82-35. Ord. No. 213; Ord. No. 235; Ord. No. 998; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.050)

8.20.090 Receptacles required.

(a) Businesses. It shall be the duty of the proprietor, manager, owner, or lessee of any hotel, restaurant, cafe, boardinghouse, eating house, roominghouse, or other place of business to have receptacles for receiving and holding all of the garbage, recyclables, and organic materials produced, created, or accumulated upon said premises between the times for the collection of solid waste, and to deposit all garbage, recyclables, and organic materials in the appropriate container. All such receptacles shall be located in such places on the premises as to be readily accessible for removing and emptying the same, but shall not be placed within the limits of any street or other public place in said city.

(b) Residences. It shall be the duty of every owner, tenant, lessee, or occupant of any private dwelling house to have receptacles for receiving and holding all of the garbage, recyclables, and organic materials produced, created, or accumulated upon said premises between the times for the collection of solid waste, and to deposit all such solid waste therein. All such receptacles shall be located in such places on the premises as to be readily accessible for removing and emptying the same. Any such receptacle(s) may be placed within the limits of the public right-of-way immediately adjacent to, or serving, the premises, provided it is placed in a manner as to not interfere with the use of the public right-of-way.

(c) Containers must be covered and kept clean. All solid waste set out by generators on the street or other designated location for collection by the garbage collector shall be placed in covered containers. No container shall be loaded beyond its capacity. It shall be the responsible parties’ responsibility to keep the containers used for the storage and collection solid waste material generated on the premises in a clean and sanitary condition. No material or containers shall be kept or handled in such a manner as to become a nuisance. No solid waste shall be allowed to become odoriferous or a producer of vermin. Lids on containers shall remain closed at all times while stored or placed for collection.

(Code 1965, § 5405; Code 2002, § 82-36. Ord. No. 213; Ord. No. 687; Ord. No. 83-22; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.060)

8.20.100 Solid waste service required.

All occupied premises within the city shall have solid waste service as herein described, except as described in Section 8.20.110. Solid waste service means garbage, recyclables, and organics collection service.

The garbage collector shall not provide garbage collection services to a business or multifamily residential dwelling covered generator unless that business or multifamily residential dwelling covered generator is also receiving both recyclable material and organics recyclable material collection services from the same garbage collector providing garbage service; or

(1) Unless the garbage collector has received a completed waiver form from the business or multifamily residential dwelling covered generator; and

(2) The city has received the waiver request and notified the garbage collector in writing of any such approval.

(Code 1965, § 5406; Code 2002, § 82-37. Ord. No. 213; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.070)

8.20.110 Waivers from requirement for solid waste service.

Owners, occupants or persons in possession, charge or control of dwellings, buildings, places and premises in the city in and from which it is claimed that no garbage, recyclables or organic material is created, accumulated or produced so as to require collection services, or that other methods of solid waste, recyclables or organic material collection, processing or disposal are available and will be provided may apply for a waiver from the provisions of this chapter by making application therefor to the City Manager.

Commercial businesses requesting a de minimis waiver shall submit an application specifying the services that they are requesting a waiver from and provide documentation that either:

(1) The commercial business’s total solid waste collection service is two cubic yards or more per week and organics subject to collection in recycling containers or organics containers comprises less than 20 gallons per week per applicable container of the business’s total waste; or

(2) The commercial business’s total solid waste collection service is less than two cubic yards per week and organics subject to collection in recycling containers or organics containers comprise less than 10 gallons per week per applicable container of the business’s total waste.

Commercial businesses shall notify city if circumstances change such that the commercial business’s organics exceed the threshold required for waiver, in which case waiver will be rescinded.

Commercial businesses or property owners may request a physical space waiver through the following process:

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

(2) Provide documentation that the premises lack adequate space for recycling containers and/or organics containers including documentation from the garbage collector, licensed architect, or licensed engineer.

(3) The city, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the city’s three-container organics collection service to arrange for the collection of their recycling container, garbage container, or both once every 14 days, rather than once per week.

Waivers shall apply for up to, but no longer than, five years, as determined by the City Manager. Upon receiving an application for a waiver, the City Manager shall cause an investigation to be made concerning the matters contained in the application and into such other matters, as the City Manager may deem appropriate. If after investigation the City Manager determines that the requirements listed in this section are met, the City Manager may grant an exemption from the provisions of this chapter. If a waiver is granted, the City Manager shall notify the garbage collector that a waiver has been granted. Said waiver may be revoked at any time thereafter if after subsequent investigation the City Manager determines that circumstances have changed and that garbage, recyclables, or organic material collection services are required.

The garbage collector is required to submit all waiver applications to the city for review which will be due on the tenth of each month for the previous reporting month. The garbage collector is required to maintain a list of any and all businesses and multifamily residential dwelling properties that the garbage collector is providing garbage collection services to but is not also providing recycling and organics collection services. The garbage collector shall provide such list to the city, which will be due on the tenth of each month for the previous reporting month and shall be current as of that date.

(Ord. No. 21-6, § 5 (Exh. A))

8.20.120 Authorized collectors and self-haulers.

The collection, removal, processing and disposal of solid waste may be performed by the city under the direction of the City Council, or by any person with whom the city has entered, or may enter, into a contract or contracts for the collection, removal, processing and disposal thereof. It is hereby declared unlawful for any other person than those above stated to remove, convey, or cause to be removed or conveyed any solid waste as hereinbefore defined upon or along any street or alley or any other public place in the city without a special written permit as herein provided, except as otherwise in this article especially provided or self-haulers as provided under state law. The city shall have the right to require any person operating in the city to provide any documentation and/or information requested by the city in order to determine whether a violation of this chapter has occurred. Any person engaged in the unauthorized collection, transport, disposal or conveyance of solid waste shall be guilty of a misdemeanor pursuant to Section 8.20.330 and the city shall have the right to pursue all available legal or equitable remedies against such person, including, without limitation, those identified in Section 8.20.340 and Chapter 1.05. No language in this chapter shall be construed as limiting or modifying the right of the garbage collector to file a civil action against any person that violates any of the terms of this chapter or any of the rights granted to the garbage collector under this chapter or pursuant to a written franchise agreement between the city and the garbage collector.

Self-haulers shall source separate all recyclables and organics (materials that the city otherwise requires generators to separate for collection in the city’s organics and recycling collection program) generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.

Self-haulers shall haul their recyclables to a facility that recovers those materials; and haul their organics to a solid waste facility, operation, activity, or property that processes or recovers organics.

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

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

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

(Code 1965, § 5407; Code 2002, § 82-38. Ord. No. 213; Ord. No. 235; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.080)

8.20.130 Inspection of sanitary conditions – Disputes or complaints regarding collection service.

The City Council, or other duly authorized representative of the city designated by the Council, shall visit all premises within the city limits from time to time and examine the sanitary conditions of said premises to determine whether the provisions of this article are complied with. City representatives and/or its designated entity are authorized (but are not required) to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or recyclables or organics or construction and demolition debris to confirm compliance with this chapter by generators, the garbage collector, and self-haulers, subject to applicable laws. This section does not allow the city representatives to enter the interior of a private residential property for inspection. Persons shall provide or arrange for access during all inspections and shall cooperate with the city representative or its designated entity during such inspections and investigations.

Upon notification by the Council, or other authorized representative thereof, all persons, including the garbage collector, shall comply with the provisions of this article or be deemed guilty of a misdemeanor. In all cases of disputes or complaints arising from or concerning the place where receptacles for any kinds of solid waste shall be placed awaiting removal of their contents, the quantities to be removed, the number of times of removal, and the rates charged, the Council shall designate the place, the estimated quantities, the times and manner of removal, and the rates, and its decision shall be final.

(Code 1965, § 5408; Code 2002, § 82-39. Ord. No. 213; Ord. No. 235; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.090)

8.20.140 Interference with collection.

It shall be unlawful for any person, firm, or corporation in any manner to interfere with the collection or removal of solid waste by the authorized garbage collector.

(Code 1965, § 5409; Code 2002, § 82-40. Ord. No. 213; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.100)

8.20.150 Burning of solid waste in public places prohibited.

It shall be unlawful for any person to burn any solid waste of any kind on any street, alley, park, or public place within the city limits.

(Code 1965, § 5410; Code 2002, § 82-41. Ord. No. 213; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.110)

Cross references: Fire prevention and protection, Ch. 15.70; streets, sidewalks, and other public places, Title 12.

8.20.160 Burning of solid waste on private property.

Burning solid waste on private property within the city is prohibited, unless a permit to do so has first been obtained from the Contra Costa County Consolidated Fire Protection District. Permits shall be subject to any conditions as the Chief of the Contra Costa County Consolidated Fire Protection District shall impose and shall be subject to the regulations of the Bay Area Air Quality Management District. No permit may be issued for the burning of any material which will emit dense soot or smoke or liberate obnoxious odors, nor shall any permit be granted for burning which will create hazards to persons or property. Any permits which may be issued pursuant to the authority of this section shall require that permitted burning be conducted between the hours of 6:00 a.m. and 11:30 p.m. and that the residue from such burning be thoroughly extinguished without delay, so that no smoldering occurs. The Contra Costa County Consolidated Fire Protection District may revoke any permit issued pursuant to this section for failure to comply with the regulations of this Code, with regulations of the Bay Area Air Quality Management District, or such reasonable conditions as the Fire District shall have imposed in granting such permit.

(Code 1965, § 5411; Code 2002, § 82-42. Ord. No. 319; Ord. No. 818; Ord. No. 88-29; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.120)

Cross references: Fire prevention and protection, Ch. 15.70.

8.20.170 Identification of receptacles of persons occupying multiple dwellings.

All persons occupying multiple dwellings must mark their receptacles so that the ownership thereof will be known.

(Code 1965, § 5412; Code 2002, § 82-43. Ord. No. 213; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.130)

8.20.180 Council to set collection regulations.

The City Council may make such regulations concerning the number and manner of collections of solid waste as it may deem necessary to carry out the provisions of this article, but in no case shall collection service less often than once a week be permitted.

(Code 1965, § 5413; Code 2002, § 82-44. Ord. No. 213; Ord. No. 235; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.140)

8.20.190 Equipment for collecting solid waste.

All solid waste collected in the city shall be hauled in collecting equipment approved by the Council. Open-bodied trucks may be used for the collection of solid waste; provided, that all solid waste shall be hauled only in approved type trucks.

(Code 1965, § 5414; Code 2002, § 82-45. Ord. No. 213; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.150)

8.20.200 Collectors not to spill solid waste.

It shall be unlawful for any garbage collector to ever at any time suffer, permit, or allow any solid waste to be spilled or scattered at any point between the place of collection and the facility to which the same is hauled.

(Code 1965, § 5415; Code 2002, § 82-46. Ord. No. 213; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.160)

8.20.210 Care of garbage trucks.

All trucks used for the hauling of garbage shall be washed frequently and painted once each year and otherwise appear as neat as possible under the circumstances. Each such truck shall be equipped with a tarpaulin or other suitable covering which shall be drawn over the load as completed to full depth, and all solid waste in the truck shall be completely covered between points of collection and delivery. The name of the garbage collector shall appear on the side of the trucks in letters not smaller than six inches high, and there shall also be an identifying number on each truck.

(Code 1965, § 5416; Code 2002, § 82-47. Ord. No. 213; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.170)

8.20.220 Contracts for solid waste collection.

(a) The City Council may let contracts, grant franchises, or enter into agreements with any person, firm, or corporation for the collection, processing, and marketing of solid waste upon such terms and conditions as the City Council may from time to time determine to be in the best interest of the city, and consistent with the provisions of state law. In such event it shall be unlawful for any person, firm, or corporation other than the garbage collector to collect, process, or market recyclables from the designated collection locations. Such contract, franchise, or agreement may be revoked at any time by the City Council for noncompliance with the provisions of this article or for violation of such contract, franchise, or agreement. The garbage collector shall charge for the collection of solid waste at the rates specified by this article. It shall be unlawful for any garbage collector to make any charge for the collection of solid waste in excess of the charges herein provided.

(b) Nothing in this article shall limit the right of an individual to donate, sell, or otherwise divert their recyclables or shall limit the right of community organizations (e.g., schools, churches, youth groups) to collect such donations.

(Code 1965, § 5417; Code 2002, § 82-48. Ord. No. 213; Ord. No. 235; Ord. No. 998; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.180)

8.20.230 Disposition of garbage.

The garbage collector shall dispose of or divert all solid waste outside the city limits at facilities to be provided by them.

(Code 1965, § 5418; Code 2002, § 82-49. Ord. No. 213; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.190)

8.20.240 Duties of contractors.

Any person with whom the city contracts for the collection and disposal of refuse and diversion of solid waste shall collect, haul, and dispose of all such solid waste in strict compliance with all federal, state, county, district, and city health laws, ordinances, rules and regulations, and under the supervision and to the satisfaction of the City Council.

(Code 1965, § 5419; Code 2002, § 82-50. Ord. No. 213; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.200)

8.20.250 Charges for collection.

(a) The city or any garbage collector entering into a contract with the city for the collection and disposal or diversion of solid waste from residential premises shall charge for the collection of such solid waste at the rates established by city.

(b) Any premises, the owners or occupants of which are in arrears in payment of the prescribed fees for four or more months, shall be refused collection service, but only after the giving of a 10-day notice of intention to terminate service. A statement of reasons therefor shall be filed by the garbage collector with the City Clerk.

(Code 1965, § 5420; Code 2002, § 82-51. Ord. No. 213; Ord. No. 369; Ord. No. 686; Ord. No. 849; Ord. No. 968; Ord. No. 1079; Ord. No. 1178; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.210)

8.20.260 Disposal of solid waste on property of another.

It shall be unlawful for any person to dispose of any solid waste upon the private property of another person, or to deposit such refuse solid waste in a receptacle belonging to another person, without permission being first had and obtained from the owner or lessee thereof.

(Code 1965, § 5421; Code 2002, § 82-52. Ord. No. 889; Ord. No. 88-29; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.220)

8.20.270 Abatement procedure.

(a) Authorized. In addition to the civil, criminal, and administrative remedies available, if a property owner and/or person responsible fails to voluntarily abate a violation of this article within the time and in the manner specified in the abatement notice, the city may abate the violation under the procedure set forth in Section 8.25.080.

(b) Payment of costs. The city may pursue any and all legal and equitable remedies for the recovery of fines, costs, and/or associated charges owed to the city as set forth in Section 8.25.080. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and abatement charges have been recovered.

(Code 1965, § 5422; Code 2002, § 82-53. Ord. No. 84-16; Ord. No. 88-29; Ord. No. 99-1; Ord. No. 99-2; Ord. No. 06-4, § 4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.230)

8.20.280 Organics prohibited from use as alternative daily cover.

Pursuant to the provisions of Assembly Bill 1594 (AB 1594) a contractor or permittee, and any owners, occupants or persons in possession, charge or control of all dwellings, buildings, places and premises in the city who self-haul organics, may not direct their organics for use as alternative daily cover (ADC) or to disposal at a landfill. If the City Manager determines that a contractor or permittee, or any other applicable person, has directed any organics for use as ADC or for disposal at a landfill, the City Manager will notify the contractor, permittee, or person of the requirements of this provision. Repeated instances of directing organic materials for use as ADC may result in enforcement action pursuant to Section 8.20.330.

(Ord. No. 21-6, § 5 (Exh. A))

Article II. Source Reduction and Recycling

8.20.290 Source reduction/recycling plans required.

(a) By December 31, 1995, all existing facilities and development over 10,000 square feet shall design and implement city-approved source reduction/recycling plans for white paper, computer paper, glass, cans, cardboard, polystyrene, paper products, and other recoverable materials in accordance with the Guidelines for Source Reduction/Recycling Plans on file with the Planning Division of the city.

(b) All new development new occupancies requiring city approval, and physical expansions of buildings or uses exceeding 10,000 square feet shall submit a source reduction/recycling plan addressing white paper, computer paper, glass, cans, cardboard, polystyrene, paper products, and other recoverable materials in accordance with the Guidelines for Source Reduction/Recycling Plans on file with the Planning Division of the city. The proposed source reduction/recycling plan shall be submitted for approval by the city at the time of filing a development application.

(c) Residential development which includes common facilities shall include a plan for recycling in the design of common areas.

(Code 1965, § 5432; Code 2002, § 82-83. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.260)

8.20.300 Exemptions from plan requirement.

The following are exempt from the requirements of Section 8.20.290:

(1) Single-family dwellings and other uses which participate in the citywide curbside recycling program;

(2) Individual tenants of multitenant buildings; and

(3) New occupancies of or existing development of 10,000 square feet or less.

(Code 1965, § 5433; Code 2002, § 82-84. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.270)

8.20.310 Plan review fee.

The fee charged for city review and approval of source reduction/recycling plans shall be an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(Code 1965, § 5434; Code 2002, § 82-85. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.280)

8.20.320 Requirements for special events.

(a) The promoter or coordinator of a special event held in city must provide a level of solid waste service sufficient to contain the solid waste generated at the special event.

(b) The promoter or coordinator shall provide containers at appropriate locations at the special event to facilitate the source separation of solid waste, organics, and recyclables by event employees, vendors, and attendees.

(1) Be appropriate in number and size with respect to the quantity of solid waste, organics, and recyclables anticipated to be generated at the property or premises;

(2) Bear appropriate signage and be color-coded – blue containers for recyclables, green containers for organics, and black containers for garbage – to identify the type of solid waste to be contained and meet any additional design criteria established by the city; and

(3) Be placed together as a waste station to provide equally convenient access to users.

(d) If the promoter or coordinator determines that vendor booths at the special event will require solid waste containers, the vendors shall receive from the promoter or coordinator a set of solid waste containers that bear appropriate signage and are color-coded to identify the type of waste to be contained.

(e) The use of public solid waste, recycling, or composting receptacles at special events is prohibited. The promoter or coordinator shall remove or cover all public solid waste, recycling, or composting receptacles to prevent their use during the special event.

(Code 1965, § 5435; Code 2002, § 82-86. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.290)

8.20.330 Violations.

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of Articles I and II shall be guilty of an misdemeanor, punishable in accordance with Chapter 1.05.

(Code 1965, § 5436; Code 2002, § 82-87. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.300)

8.20.340 Additional remedies.

(a) City Manager authorization. The City Manager is authorized to administer and enforce the provisions of this chapter. The City Manager, or anyone designated by the City Manager to be an enforcement officer, may exercise such enforcement powers.

(b) Administrative citations and orders. If the City Manager determines that a person or solid waste generator is in violation of this chapter, the City Manager may issue administrative citations or orders and fines pursuant to Chapter 1.05 for violations of this chapter or of any rule or regulation adopted pursuant to this chapter, except as otherwise provided in this chapter. The city’s procedures on imposition of administrative fines are hereby incorporated in their entirety and shall govern the imposition, enforcement collection and review of administrative citations or orders issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter; provided, however, that the City Manager may adopt regulations providing for lesser penalty amounts. The City Manager has the authority to impose administrative penalties for the notices of violations.

(c) The City Attorney may seek injunctive relief or civil penalties in the superior court in addition to the above remedies and penalties. All administrative civil penalties collected from actions pursuant to this section shall be paid to the city and shall be deposited into a solid waste administrative account that is available to fund activities to implement the applicable provisions of this section. Any remedy provided under this section is cumulative to any other remedy provided in equity or at law. Nothing in this chapter shall be deemed to limit the right of the city or its authorized collection agent(s) to bring a civil action; nor shall a conviction for such violation exempt any person from a civil action brought by the city or its authorized collection agent(s). The fees and penalties imposed under this chapter shall constitute a civil debt and liability owing to the city from the persons, firms or corporations using or chargeable for such services and shall be collectible in the manner provided by law. Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or employees including without limitation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). This chapter does not do any of the following:

(1) Otherwise affect the authority of the City Manager to take any other action authorized by this Code or any other provision of law.

(2) Restrict the power of a city attorney, district attorney or the attorney general to bring in the name of the people of the state, any criminal proceeding otherwise authorized by law.

(3) Prevent the City Manager from cooperating with, or participating in, a proceeding specified in Section 8.20.350.

(4) Affect in any way existing contractual arrangements, including franchises, permits or licenses, previously granted or entered into between the garbage collector and city.

(Ord. No. 21-6, § 5 (Exh. A))

8.20.350 Appeals.

The decision of the Director of Community Development, or the City Manager, concerning application of this article shall be final and such action is not appealable.

(Code 1965, § 5437; Code 2002, § 82-88. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.310)

Article III. Construction and Demolition Debris (C&D Debris) Recycling

8.20.370 Intent and purpose.

(a) The intent of this article is to implement a construction and demolition debris recycling program to protect the public health, safety and welfare of the community and to achieve the mandate of the California Integrated Waste Management Act by Diverting Construction and demolition debris from landfills.

(b) Findings.

(1) The state of California requires that each local jurisdiction in the state divert 65 percent of discarded waste materials from landfills. This article will assist the City of Concord in achieving this state mandate.

(2) Any city or county deemed by the state of California to be out of compliance with the mandates of the California Integrated Waste Management Act is subject to a fine of up to $10,000 per day.

(3) Construction and demolition debris reduction and recycling programs have proven to decrease the amount of materials that are landfilled and to be cost-effective.

(4) Except in unusual circumstances, it is feasible to divert at least 65 percent by weight of the solid waste including C&D debris from construction and demolition projects and 75 percent by weight of inert debris such as concrete and asphalt. Many other jurisdictions have successfully implemented C&D debris diversion requirements to increase recycling rates.

(5) The city does not intend, and nothing in this article shall be construed, to regulate in any way hazardous materials, hazardous substances, hazardous waste, or medical waste, as those terms may be variously defined in federal, state or local law or regulation.

(6) The Concord Municipal Code requires that the authority to collect and haul all waste materials, including construction and demolition debris, is assigned to the garbage collector the city has selected to haul waste.

(Code 2002, § 82-114. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.330)

8.20.380 Covered projects.

(a) Any construction, demolition, addition, alteration, remodel, encroachment tenant improvement or grading project within the city is considered a covered project when it meets any of the following criteria:

(1) The project requires a demolition, building, encroachment, or grading permit and it is either:

a. A residential or commercial project where total costs are valued at $50,000 or greater, except for demolition projects which are covered projects regardless of permit value;

b. A city-owned or city-sponsored project where total costs are valued at $150,000 or greater; and

c. A residential or commercial roofing or reroofing project valued at $10,000 or greater, or a project where 50 percent or more of the roof area is replaced, or where a project requires five squares or more of roofing material regardless of permit value.

(b) Any construction, demolition, addition, alteration, remodel, encroachment tenant improvement or grading project within the city is exempt from the requirements of this article if the city determines that no waste material will be off-hauled from the project site or otherwise generated by the project.

(Code 2002, § 82-116. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.350)

8.20.390 Diversion requirements.

The applicant for a covered project shall cause at least 65 percent by weight of the C&D debris generated by the covered project to be diverted from the landfill and, in addition, shall cause at least 75 percent by weight of all inert debris generated by the covered project to be diverted from the landfill. The applicant shall demonstrate compliance with these diversion requirements, or the diversion rate required by the State of California Green Building Standards Code, whichever is more stringent.

(Code 2002, § 82-117. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.360)

8.20.400 Performance security.

(a) All applicants with a covered project shall submit a performance security with the building, grading, demolition or encroachment permit application in an amount to be established by the city. Applicants of city-owned or city-sponsored projects shall be exempt from this requirement.

(b) Within 30 days of issuance by the city of a permit for the covered project, applicants utilizing the City Franchise Hauler (“CFH”) for the hauling of all waste materials from the project site shall submit to the city a copy of their hauling agreement with the CFH for the project. The city shall refund the performance security to the applicant within a reasonable time following receipt of a copy of the hauling agreement between the applicant and the CFH.

(c) If the WMCO determines that the applicant has complied with the requirements of this article the WMCO shall cause the performance security to be released to the applicant within a reasonable time following acceptance of the applicant’s final report.

(d) If the WMCO determines the applicant has failed to comply with the requirements of this article, the entire performance security shall be forfeited to the city. The WMCO shall notify the applicant in writing of the forfeiture within a reasonable time of denying the applicant’s final report.

(e) All forfeited performance security funds shall be placed in a designated account for the purpose of recovering costs associated with this article and furthering the recycling programs and diversion goals of the city.

(Code 2002, § 82-118. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.370)

8.20.410 Requirements of the applicant for a covered project.

The applicant for a covered project shall:

(1) Divert at least 65 percent by weight of all solid waste including C&D debris generated by the covered project, and in addition, divert at least 75 percent by weight of all inert debris generated by the covered project;

(2) Pay a program fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services;

(3) Submit a performance security as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services;

(4) Provide a final report to the WMCO within 30 days of the completion of the covered project. Failure to provide a final report to the WMCO within 30 days of the completion of the covered project shall cause the performance security to be forfeited;

(5) Retain a copy of the disposal and recycling receipts for the covered project for at least one year following completion of the covered project. The date of completion of the covered project is defined as the date of the certificate of occupancy of the covered project or, for projects where a certificate of occupancy is not applicable, the date on which the applicable permit was finaled by the city;

(6) Retain a copy of the waiver for a third-party hauler, if one was issued, for at least one year following completion of the covered project;

(7) Allow for an audit by the city or city’s authorized representative of disposal and recycling receipts, records, and waiver for a third-party hauler, if one was issued, for the covered project within one year following completion of the covered project;

(8) Follow the processes required by this article for the hauling of solid waste including C&D debris generated by the covered project;

(9) Include adequate space for storage and collection of garbage, recyclables and organic materials on the premises. Enclosures must be built to specifications set forth by city; and

(10) Meet all other permit requirements as set forth in this article and the Concord Municipal Code.

(Code 2002, § 82-119. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.380)

8.20.420 Program fee.

(a) The applicant shall pay a program fee in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(b) The intent of the program fee is to defray costs to the city for the program established by this article.

(Code 2002, § 82-120. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.390)

8.20.430 Solid waste including C&D debris handling.

The applicant for a covered project shall:

(1) Ensure that at least 65 percent by weight of all solid waste including C&D debris generated by a covered project is diverted and, in addition, ensure that at least 75 percent by weight of all inert debris generated by a covered project is diverted. Material that is not recycled can be salvaged and/or reused on site or can be provided to others for reuse and counted as diverted material in the applicant’s final report.

(2) Use the City Franchise Hauler to transport the solid waste including C&D debris to certified recyclers or other entities with the ability to process the materials so they are diverted from landfilling (exceptions include self-hauling or receiving a waiver granted by the CFH as explained below).

(3) The applicant may self-haul solid waste including C&D debris generated by the covered project or direct an affiliate to conduct hauling activities to achieve the diversion requirement, as “self-haul” and “affiliate” are defined in Section 8.20.020. The applicant is not required to request a waiver from the CFH to self-haul material or to direct an affiliate to conduct hauling. An applicant may only use a nonaffiliated company to haul solid waste including C&D debris if the CFH has granted a waiver to the applicant.

(4) If not self-hauling or using an affiliate, applicant is responsible for contacting the CFH to arrange for hauling services or request a waiver from the CFH to allow a nonaffiliated party to transport the C&D debris. If the CFH elects to allow a nonaffiliated party to provide service to the applicant, the CFH must grant a written waiver to the applicant to transport solid waste including C&D debris.

a. The applicant may request a waiver from the CFH via email or written correspondence and must indicate the time, date, applicant’s name, and permit number for the covered project. The CFH will assign the applicant a waiver number via fax or email.

b. Both the CFH and applicant must maintain a copy of the waiver that indicates date and time, permit number, waiver certification number, and applicant name for each waiver provided. A copy of the waiver must be submitted with the final report.

(5) If the covered project material contains contamination by hazardous substances, the applicant is required to divert 65 percent by weight of noncontaminated material and, in addition, 75 percent by weight of noncontaminated inert debris. Documentation acceptable to the city must be submitted to receive approval for exemption of materials from the requirements of this article due to contamination by hazardous substances.

(Code 2002, § 82-121. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.400)

8.20.440 Reporting.

Within 30 calendar days of the completion of any covered project, the applicant shall submit a final report to the WMCO documenting that it has met the diversion requirements for the project. The final report shall include the following documentation:

(1) A summary of efforts to meet the diversion requirement on the form required by the city.

(2) A copy of the hauling agreement with the CFH or a copy of the waiver for a nonaffiliated third-party hauler, if one was issued by the CFH for any portion of the project.

(3) If the CFH was utilized for all hauling of solid waste, including C&D debris from the project site, submit a copy of all invoices received from the CFH for the covered project. If a third-party hauler or affiliate were utilized or if solid waste materials including C&D debris were self-hauled, submit all receipts from the facility that received C&D debris from the covered project showing the actual weight of material accepted at that facility and the amount of the material diverted and disposed of. The weight reported must be from scales in compliance with all state and county regulatory requirements for accuracy and maintenance. For solid waste, including C&D debris for which weighing is not practical due to small size or other considerations, the material type and a volumetric measurement shall be reported.

(4) If the covered project contains contamination by hazardous substances, the applicant is required to provide documentation showing the contamination preexisted or occurred through no fault of the applicant and receipts, or other documentation, from the facility that received the contaminated material showing the actual weight of contaminated material accepted.

(5) Any additional information the applicant believes is relevant to describing its efforts to comply in good faith with this article.

(Code 2002, § 82-122. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.410)

8.20.450 Compliance.

(a) The Waste Management Compliance Official (WMCO) shall have final discretion in determining compliance.

(b) If the applicant’s final report shows that all solid waste including C&D debris generated by a covered project was hauled by the City Franchise Hauler or taken to a certified facility, the applicant shall be considered by the WMCO to be in compliance with this article.

(c) If the applicant’s final report shows that the solid waste including C&D debris generated by a covered project were not hauled by the CFH or taken to a certified facility, the applicant’s final report shall be reviewed by the WMCO to determine compliance.

(d) If the WMCO determines that the applicant’s final report provides sufficient information to determine that the diversion requirements have been satisfied, the WMCO shall notify the applicant of its acceptance in writing.

(e) If the WMCO determines that the applicant has failed to comply with the diversion requirements, the WMCO shall notify the applicant in writing of the applicant’s failure to comply.

(f) If the WMCO determines that it is infeasible for the applicant to meet the diversion requirements due to unique circumstances, the WMCO shall determine the minimum feasible diversion requirements for the covered project and shall make a written finding stating reasons for acceptance of a lower diversion requirement. The WMCO may require additional information from the applicant to assist in the determination of infeasibility and waive reporting and response timelines to facilitate the receipt of information from the applicant. Unique circumstances shall include the extent to which waste materials generated by the project are deemed not to be recyclable by the WMCO and the lack of recycling facilities for processing and recycling waste materials generated by the project that are deemed to be recyclable.

(g) If the WMCO determines the final report lacks sufficient information to determine compliance or noncompliance, the WMCO shall notify the applicant of the reasons for the report’s inadequacy in writing. The applicant shall be granted 10 business days to respond with the information identified to make its final report adequate. Failure to respond with adequate information within 10 business days shall be considered a failure to comply. The WMCO shall notify the applicant in writing of the failure to comply.

(h) If an applicant fails to file a final report within 30 days of the completion of the covered project, the applicant shall be considered to have failed to comply with the requirements of this article and the performance security shall be forfeited. If the WMCO determines that unique circumstances apply, the WMCO may, but is not required to, notify the applicant in writing of its failure to file a final report. The applicant shall be granted 10 business days to respond and submit the final report. If the applicant fails to respond within 10 business days it shall be considered a failure to comply. The WMCO shall notify the applicant in writing of the determination of the failure to comply and the forfeiture of the performance security within a reasonable time.

(Code 2002, § 82-123. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.420)

8.20.460 Appeal.

The applicant may file an administrative appeal with the City Manager on any ruling the WMCO makes pursuant to this article. Notice of appeal from the ruling of the WMCO must be filed within 30 calendar days of the date of the WMCO’s finding of a failure to comply. The decision of the City Manager relative to any matter within the jurisdiction of the WMCO shall be final and shall not be further appealed to the City Council or to any other city body or official.

(Code 2002, § 82-124. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.430)

8.20.470 Enforcement.

(a) In addition to the forfeiture of the performance security under Section 8.20.400(d) for any violation of this Article III, the city shall have the discretion to take any or all of the following actions: (1) revoke or suspend the building, demolition, grading or encroachment permit of the violator; (2) bring a civil action for restitution and/or damages; (3) seek injunctive relief; and/or (4) refer the violation for prosecution as a misdemeanor.

(b) Final reports are subject to an audit by a WMCO up to one year after the city finals the permit for the covered project. A failed audit is considered a violation of this chapter and the city shall have the discretion to impose a fine of up to the amount of the original performance security for the covered project.

(c) If any violation of this chapter is charged as a misdemeanor, the penalty upon conviction of the violator shall be imprisonment in the County Jail for a period not to exceed 30 days or by a fine not to exceed $1,000.

(Code 2002, § 82-125. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.440)

8.20.480 False information.

The submittal of false information to the city by any person in connection with a building, demolition, encroachment, or grading permit application, final report, appeal or audit procedure shall be deemed a violation of this chapter and shall subject the applicant to enforcement as set forth in Section 8.20.470.

(Code 2002, § 82-126. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.450)

8.20.490 Severability.

If any section, subsection, sentence, clause, or phrase of this chapter is held to be invalid or unconstitutional including by any court with jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have passed this chapter, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, or phrases may be declared invalid or unconstitutional.

(Code 1965, § 5438; Code 2002, § 82-89. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.320)