Chapter 8.08
SOLID WASTE MANAGEMENT
Sections:
8.08.030 Ownership of solid waste.
8.08.040 Rules and regulations – Appeal process.
8.08.050 Inspection for sanitation.
8.08.070 Disposal areas and transfer stations.
8.08.090 Exceptions – Disposal permitted.
8.08.100 Mandatory subscription required.
8.08.110 Failure to pay authorized collector.
8.08.140 Solid waste licensing and franchising requirements.
8.08.150 Exceptions to licensing and franchising requirements.
8.08.160 Interference with authorized collector prohibited.
8.08.170 Requirements generally for vehicles, conveyances and containers.
8.08.180 Collection vehicles and hauling requirements for authorized collectors.
8.08.190 Solid waste container requirements.
8.08.200 Solid waste container placement.
8.08.210 Civil action by authorized collector.
8.08.010 Violations.
Unless otherwise provided hereinafter, any person, including an authorized collector, violating any sections of this chapter shall be deemed guilty of a misdemeanor. Each day upon which a violation of this chapter continues shall be deemed a separate offense hereunder and shall be punishable as such. (Ord. 634 § 1(part), 1995).
8.08.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:
“Approved recycling collection program” means a recycling collection program operated by an authorized recycler under a contract, franchise agreement, or license with the city.
“Approved recycling container” means the bag, box or other container supplied by or identified by the city or an authorized recycler as the container into which recyclable materials shall be placed and which shall be located at the curb or other collection station.
“Authorized collector” means any person licensed by or subject to collect, transport, store, transfer or process refuse in the city whether such activities are done with or without compensation.
Authorized collector shall not include or mean an individual hauling refuse from his/her own home for purposes of disposing of same at an established disposal area or recycling facility; provided, however, such refuse is not produced, created or accumulated in the course of any business operations and the individual is not engaged in the business of handling, hauling, collecting, transporting, storing, transferring or processing refuse.
“Authorized disposal area” means a disposal area or areas identified and designated by the city for the disposal of solid waste.
“Authorized recycler” means the city or a person authorized by a city contract or license to collect recyclable materials.
“Authorized solid waste container” means a receptacle for solid waste conforming to the specifications of this chapter or to regulations as may from time to time be promulgated and adopted by the city pursuant to this chapter.
“Bulky waste” means large items of solid waste such as appliances, furniture, large auto parts, trees, branches, stumps and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods.
“Collection station” means an approved location at which solid waste, refuse or recyclable material is placed in containers for collection by the city, the authorized collector, or an authorized recycler.
“Compost operation” means a process whereby the biological decomposition of organic wastes is controlled so as to yield a safe and nuisance-free product.
“Curbside recycling collection program” means the city’s curbside recycling program by which recyclables are picked up from single-family residences without payment of any redemption value to the property owner.
“Donor” means the person taking recyclables to a recycling facility or the person placing recyclable material at the curb or other recycling collection station for scheduled collection.
“Hazardous waste” means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:
1. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness;
2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.
“Multifamily unit” means a dwelling which includes two or more individual living units and which receives communal refuse and/or recycling services.
“Nonresidential establishment” means a business, commercial, industrial and other types of premises other than single-family and multifamily residential and includes without limitation all commercial and industrial use classifications.
“Organic waste” means solid wastes containing material originated from living organisms, such as food scraps and yard debris. This designation shall be made by the authorized collector based on good public practice, ability to receive an acceptable economic return, and feasibility of composting the waste stream.
“Place or premises” means every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the city.
“Recyclable material” means refuse material generated or collected at a place or premises, and in a condition such that it can be re-manufactured or reprocessed into usable materials or new products.
“Recycle or recycling” means the process of separating and collecting used materials which would otherwise become solid waste, for the purpose of reprocessing them to create new materials to be returned to the economic mainstream.
“Recycling facility” means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public and includes the facilities regulated by Chapter 22.37.
“Refuse” means all putrescible and nonputrescible solid and liquid wastes (except sanitary sewage and storm water), whether combustible or noncombustible, and includes waste and recyclable material.
“Single-family unit” means a dwelling which receives individual refuse and/or curbside recycling service.
Solid Waste. Except as provided in subdivision 2 of this subsection:
1. “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes; provided, however, that solid waste does not include recyclable material.
2. “Solid waste” does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Sections 25800) of Division 20 of the California Health and Safety Code.
3. “Solid waste” does not include medical waste which is regulated pursuant to the Medical Waste Management Act Chapter 6.1 (commencing with Sections 25015) of Division 20 of the California Health and Safety Code, provided that the medical waste, whether treated or untreated, is not disposed of at a solid waste facility. Medical waste which has been treated and which is deemed to be solid waste shall be regulated pursuant to this chapter.
“Transfer or processing station” means those facilities defined in Public Resources Code Section 40200.
“Yard waste” means organic material from trees, shrubs, grass and similar vegetation. Yard waste may also be designated as recyclables by the city. (Ord. 907 § 3 (Exh. A), 2022; Ord. 634 § 1(part), 1995).
8.08.030 Ownership of solid waste.
A. All solid waste, upon being removed by the authorized collector from the premises where produced and accumulated, shall become and be the property of the city unless otherwise provided in a contract, license or franchise agreement.
B. Unless otherwise provided in an agreement, the city maintains the right to salvage recyclable materials placed in solid waste containers for collection by the authorized collector. (Ord. 634 § 1(part), 1995).
8.08.040 Rules and regulations – Appeal process.
A. The city manager, or his/her designated representative, may adopt such rules and regulations as may be necessary for the proper administration and enforcement of this chapter. Such regulations may include: (1) the required frequency of collection from various types of places and premises; (2) the types of special containers required for certain classes of refuse; (3) the types of special containers required for certain classes of places and premises; and (4) the licensing of authorized collectors and recyclers.
B. Unless otherwise provided in an agreement, the city manager or his/her designated representative shall resolve all disputes concerning the administration or enforcement of this chapter. Any affected person who is dissatisfied with the determination of the city manager may appeal the same to the city council. Such appeal must be in writing and set forth the reasons for such appeal. The written appeal and the appeal fee, as set by city council resolution, must be filed with the city clerk within ten days after such decision. No alleged violation of this chapter shall be permitted, or be continued, during the time any such appeal is pending. (Ord. 634 § 1(part), 1995).
8.08.050 Inspection for sanitation.
The city manager or other duly authorized representative of the city may cause all places or premises governed by this chapter to be inspected from time to time to determine whether the provisions of this chapter are complied with. Such inspections shall be conducted in accordance with the law. (Ord. 634 § 1(part), 1995).
8.08.060 Removal generally.
A. All refuse shall be collected according to a schedule established by the city manager or his/her designated representative, or as provided by license, contract or franchise agreement between an authorized collector or recycler and the city.
B. It is unlawful for any person to handle, haul, collect, transport, store, transfer, process, accumulate or dispose of refuse in such a manner as to cause a nuisance. (Ord. 634 § 1(part), 1995).
8.08.070 Disposal areas and transfer stations.
The city shall have the right to designate a disposal area or areas for the disposal of solid waste collected from within the city. (Ord. 634 § 1(part), 1995).
8.08.080 Prohibited disposal.
A. Except as authorized in this chapter, it is unlawful for any person to:
1. Throw, bury, deposit or cause to be thrown or deposited, any refuse, or allow any collection of same to remain in or upon any public right-of-way, water course, waterway, levees or banks of watercourses or waterways, or upon any premises whatsoever other than in an approved disposal area or collection station or an authorized solid waste container or approved recycling container;
2. Throw, cast, place, sweep or deposit anywhere within the city, any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, parkway or other public place, or onto any private premises within the city;
3. Deposit any refuse in any city sewer or plumbing fixture or pipe connected thereto, except through a mechanical device (garbage disposal) which shreds or grinds solid waste material;
4. Burn refuse within the city;
5. Deposit any household or business refuse into street litter receptacles which the city may place and maintain, or authorize to be placed and maintained, at such locations as are deemed necessary for public convenience;
6. Deposit refuse in a container belonging to another person, or provided for premises in which the person does not reside, except with the permission of the owner of the container or premises;
7. Deposit any solid waste in a receptacle or container specifically identified for the collection of recyclable materials;
8. Deposit in any refuse container any hazardous waste, explosive, highly inflammable or otherwise hazardous material or substance.
B. The city may, by resolution or amendment of this chapter, add other materials as being prohibited from deposit in refuse containers to protect the public’s health and safety and to achieve state mandated waste diversion goals. (Ord. 634 § 1(part), 1995).
8.08.090 Exceptions – Disposal permitted.
A. Organic waste may be fed to animals on the premises where such organic waste is produced; provided, that the premises are always kept in a sanitary condition to the satisfaction of the city manager; and provided further, that the keeping and feeding of such animals shall at all times conform to any other applicable regulations, including regulations governing the use of the premises.
B. Organic waste may be used in on-site composting, community composting, or other composting operation; provided, that such operation conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated, including regulations related to land use, permitting and operation regulations regarding composting facilities of CalRecycle, and any other regulations of applicable health authorities. (Ord. 907 § 3 (Exh. A), 2022; Ord. 634 § 1(part), 1995).
8.08.100 Mandatory subscription required.
A. Except as otherwise provided by this chapter, all occupied premises shall subscribe for solid waste collection service with the authorized collector as herein specified, and for such service a charge shall be collected as per a schedule of rates as shall be set by resolution of the city council.
B. If any person shall fail to subscribe for the collection and disposal of solid waste or violate any other provision of this chapter, said violation shall be an infraction and shall be presumed to be a nuisance upon the premises.
C. The authorized collector shall give written notice to the city manager or his/her designated representative of the address of any occupied premise within the city which is not subscribing to the collection and disposal service provided by the authorized collector.
D. The owner of each occupied premise shall subscribe for solid waste disposal services within seven days of the occupancy of the premises. If the owner fails to subscribe for service, the authorized collector shall give the owner written notification that such service is required.
E. Persons who have resided continually at the same address and have continuously declined to utilize the city’s authorized collector since prior to the institution of mandatory subscription on August 12, 1986, may be exempted by the city manager. (Ord. 634 § 1(part), 1995).
8.08.110 Failure to pay authorized collector.
It is unlawful for any person having solid waste collected and disposed of as provided in this chapter, to wilfully fail, neglect or refuse to pay to the authorized collector the rate provided by resolution of the city council to be paid for such service. (Ord. 634 § 1(part), 1995).
8.08.120 Collection billing.
The authorized collector is responsible for the collection of any solid waste fee on behalf of the city and the collector. The collector may bill its customers in advance of service, but in no case more than two months in advance of service. (Ord. 634 § 1(part), 1995).
8.08.130 Collection schedule.
A. Solid waste collection shall be six days per week, excluding Sundays, between the hours of six a.m. and seven p.m. in residential, commercial and industrial districts by hours approved by the city manager or his/her designated representative.
B. Solid waste will not be collected on legal holidays except as approved by the city. The authorized collector shall be required to provide collection during the week of the holiday and shall be required to provide customers with advance notice of any change to scheduling. (Ord. 634 § 1(part), 1995).
8.08.140 Solid waste licensing and franchising requirements.
A. Solid waste shall only be collected and transported by an authorized collector unless otherwise specified in this chapter.
B. An authorized collector shall obtain a current license, contract or franchise agreement, as determined by the city council, authorizing the collector to handle, haul, collect, transport, store, transfer or process solid waste within the city, except as otherwise provided by state or federal law. Such license, contract or franchise agreement may be revoked by the city council for noncompliance with the provisions of said license, contract or franchise agreement or for violations of the provisions of this chapter or any pertinent federal, state or local law. The terms and conditions under which an authorized collector is required to operate shall be specified in the applicable license, contract, and/or franchise, and shall be administered by the city manager or his/her designated representative. The rates, if any, for such collection and disposal operations shall be established by a resolution of the city council.
C. It is unlawful for any person to handle, haul, collect, transport, store, transfer or process solid waste within the city, except as otherwise provided in this chapter or, in the case of an emergency, as authorized by the city council. (Ord. 634 § 1(part), 1995).
8.08.150 Exceptions to licensing and franchising requirements.
No license, franchise or contract shall be required for a person:
A. Handling, hauling or transporting solid waste from his/her own residence for purposes of disposing of same at an authorized disposal area or transfer station; provided, however, that such solid waste is not produced, created or accumulated in the course of any business operations and the person is not engaged in the business of handling, hauling, collecting, transporting, storing, transferring or processing solid waste.
B. Transporting solid waste over the streets of the city, where all of such solid waste so transported originates or originated: (a) outside the limits of the city; or (b) landscape maintenance waste being transported to another location outside the city or to an authorized disposal area, compost operation, or transfer station. (Ord. 634 § 1(part), 1995).
8.08.160 Interference with authorized collector prohibited.
It is unlawful for any person in any manner to interfere with the handling, hauling, collecting, transporting, storing, transferring or processing of solid waste by an authorized collector. (Ord. 634 § 1(part), 1995).
8.08.170 Requirements generally for vehicles, conveyances and containers.
All vehicles, conveyances or containers used for handling, hauling, collecting, transporting, storing, transferring or processing refuse within or through the city shall:
A. Be of such construction as to comply fully with all laws, rules and regulations of the state pertaining thereto;
B. Be maintained in a clean and sanitary condition;
C. Be uniformly painted;
D. Include the name and phone number of the authorized collector in letters not smaller than six inches high;
E. Include language identifying the equipment as being used by the authorized collector for solid waste or recycling services for the citizens of the city. (Ord. 634 § 1(part), 1995).
8.08.180 Collection vehicles and hauling requirements for authorized collectors.
An authorized collector who conveys, handles, hauls, collects, transports, stores, transfers or processes refuse within or through the city shall comply with the following requirements:
A. Refuse shall be hauled in all-metal, watertight bodied motor trucks, of sufficient strength to withstand fire within, without endangering persons or property, and to prevent spillage, leakage or escape of noxious gases.
B. Each truck shall be equipped with covering drawn over the load as completed to full depth. Refuse in the truck shall be completely covered between the point of collection and the point of disposal, and in a manner so that the contents do not sift through or fall upon the street and do not blow upon the street or adjacent property. Any spillage of materials shall be immediately cleaned up at the expense of the authorized collector.
C. The trucks shall be registered with the Department of Motor Vehicles and shall be kept in good repair.
D. In addition to the name and phone number of the authorized collector, each collection truck shall also include the truck number in letters not smaller than six inches high. (Ord. 634 § 1(part), 1995).
8.08.190 Solid waste container requirements.
It is unlawful for any person occupying any premises within the city, or any person owning, controlling or maintaining any premises within the city where solid waste is created, produced or accumulated upon such premises, to fail or neglect to procure a sufficient number of authorized solid waste containers, as specified in this section, for receiving and holding, without spillage, leakage or escape of solids, liquids or noxious gases, all solid waste, except as otherwise provided in this chapter.
A. An authorized solid waste container for residential use shall:
1. Be fully enclosed;
2. Have a tight-fitting cover;
3. Be covered continuously except when being filled or emptied;
4. Be kept in a good, usable and sanitary condition;
5. Not exceed fifty pounds in weight when filled for removal, except when special containers are furnished or approved by the authorized collector pursuant to regulations prescribed by the city;
6. Meet all specifications as to size, capacity and type which the city may from time to time prescribe by regulation or by city council action.
B. An authorized solid waste container for multifamily units, and nonresidential establishments and industrial uses shall:
1. Meet all specifications as to size, capacity and type which the city may from time to time prescribe by regulation or by city council action;
2. Be kept in a good, usable and sanitary condition.
C. With the permission of the respective owner, persons residing in a multifamily dwelling complex and tenants of a nonresidential establishment may share in the use of containers furnished or approved by the authorized collector pursuant to regulations prescribed by the city. (Ord. 634 § 1(part), 1995).
8.08.200 Solid waste container placement.
A. No solid waste container, other than one owned by the city, shall be placed or kept in or on any public street, sidewalk, footpath or any public place whatsoever, or remain in public view from any public right-of-way. No person shall place a container so that either the sidewalk or street gutter is obstructed.
B. Authorized solid waste containers are permitted to be placed in public view and on a public street, sidewalk or footpath only during the forty-eight hour period commencing at 12:01 a.m. on the day preceding the day of scheduled pick-up and terminating at 12:01 a.m. on the day following such pick-up.
C. For curbside pick-up, the collection station shall be the street curb line adjacent to such premises and authorized solid waste containers shall be placed in that location by the occupant of such premises for collection by the authorized collector.
D. The number and location of collection stations for other than curbside collection shall be determined by the occupant of such premises; provided, that the location shall be easily accessible to the authorized collector.
E. Each person who has a solid waste container shall keep the area where the container is located a clean, safe and sanitary condition. (Ord. 634 § 1(part), 1995).
8.08.210 Civil action by authorized collector.
This chapter does not limit the right of an authorized collector to bring civil action against a person who violates Section 8.08.160. A criminal conviction for such violation does not exempt a person from civil action brought by an authorized collector. (Ord. 634 § 1(part), 1995).