Chapter 8.22 SOURCE REDUCTION AND RECYCLING

Unless otherwise provided hereinafter, any person, including an authorized recycler, violating any section 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 § 2(part), 1995).

8.22.020 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 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 complications their handling by normal collection, processing or disposal methods.

“CFC-processed food packaging” means any food packaging which uses chlorofluorocarbons (“CFSs”) as blowing agents in its manufacture. Chlorofluorocarbons are the family of substances containing carbon, fluorine and chlorine, having no hydrogen atoms and no double bonds.

“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.

“Development project” means any of the following:

1. A project for which a building permit is required for a commercial, industrial or institutional building, marina or residential building having five or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five or more living units;

2. Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.

“Donor” means the person taking recyclables to a recycling facility or a 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 unit 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.

“Plastic film” includes plastic shopping and dry-cleaning bags, and shrink wrap used to wrap pallets for shipping. This material is generally coded “4” for low density polyethylene and “2” for high density polyethylene.

“Polystyrene plastic” means a thermoplastic petro-chemical material utilizing a styrene monomer and a blowing agent compound which is used to produce molded expanded or extruded polystyrene plastic foam.

“Post-consumer recycled material” means a finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item, and which is separated or collected separately from the waste stream and made available for reuse as a raw material.

“Recyclable material or recyclables” means refuse material generated or collected at a place or premises, and in a condition such that it can be remanufactured 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.

“Retail food establishment” means all sales outlets, stores, shops, restaurants, vending machines, vehicles or other places of business located within the city which sell or convey ready-to-eat foods or beverages directly to the ultimate consumer for immediate consumption.

“Returnable” means take-out food packaging, such as but not limited to, soft drink bottles and milk containers that are capable of being returned to the distributor or supplier for reuse as the same food or beverage container at least once.

“Single-family unit” means a dwelling which receives individual refuse and curbside recycling service.

Solid Waste.

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 Section 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.

“Take-out food” means prepared foods or beverages requiring no further preparation to be consumed and which are normally consumed within one hour of purchase. Take-out food includes food prepared for consumption on a restaurant’s premises but not entirely consumed by the purchaser, with leftovers boxed, bagged or wrapped for later consumption off premises. Take-out food does not include food packaged and sealed by a distributor or supplier prior to being received by a retail food establishment.

“Take-out food packaging” means all containers, boxes, bags, cups, lids, cans, trays, wraps, straws, utensils and napkins provided with take-out food and beverages sold at retail food establishments.

“Transfer or processing station” means those facilities utilized to receive refuse, temporarily store, separate, convert or otherwise process the materials in the refuse, or to transfer the refuse directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.

“Yard waste” means organic material from trees, shrubs, grass and similar vegetation. Yard waste may also be designated as recyclables by the city.

Unless defined above, the terms used in this chapter shall have the same meaning as the same terms are defined in Chapter 8.08. (Ord. 907 § 3 (Exh. A), 2022; Ord. 634 § 2(part), 1995).

8.22.030 Ownership of recyclable materials.

A. All recyclable materials, upon being placed by the generator into an approved recycling container and placed at an approved collection station, shall become the property of the authorized recycler owning the recycling container, 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 authorized solid waste containers for collection by the authorized collector. (Ord. 634 § 2(part), 1995).

8.22.040 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 recyclable materials; (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 appeal must be filed with the city clerk within ten days of the city manager’s decision and must be accompanied by the fee set by resolution of the city council. No alleged violation of this chapter shall be permitted, or be continued during the time any such appeal is pending. (Ord. 634 § 2(part), 1995).

8.22.050 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 § 2(part), 1995).

8.22.060 Removal generally.

A. All recyclable material placed in approved recycling containers for collection shall be collected according to a schedule established by the city manager or his/her designated representative or as provided in a license, contract or franchise agreement between an authorized collector or an authorized recycler and the city.

B. It is unlawful for any person to handle, haul, collect, transport, store, transfer, process, accumulate or dispose of recyclable material in such a manner as to cause a nuisance. (Ord. 634 § 2(part), 1995).

8.22.070 Recycling facilities and transfer stations.

The city may designate one or more intermediary transfer or processing stations of its choice and direct any authorized collector or authorized recycler to deposit collected refuse, recyclable material and/or solid waste in said facility. (Ord. 634 § 2(part), 1995).

8.22.080 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, watercourse, 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 flammable 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 any container containing refuse to protect the public’s health and safety and to achieve state mandated waste diversion goals. (Ord. 634 § 2(part), 1995).

8.22.090 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 § 2(part), 1995).

8.22.100 Mandatory duty to recycle.

A. A mandatory obligation is imposed on each responsible person occupying any premise to separate and recycle all recyclable materials from the refuse generated on the premise.

B. The duty to recycle imposed herein may be discharged through the use of the city’s curbside recycling collection program provided by the city’s authorized recycler, an approved recycling collection program at a nonresidential establishment provided by an authorized recycler licensed by the city, or at a recycling facility approved by the city.

C. This chapter does not limit the right of a person to donate, sell or otherwise dispose of recyclable materials in a fashion different than that described in subsection B of this section so long as the disposal otherwise complies with this chapter. (Ord. 634 § 2(part), 1995).

8.22.110 Collection – Single-family and multifamily residential subscription required.

A. Except as otherwise provided by this chapter, the owners or occupants of all single-family residential occupied premises shall subscribe to the approved curbside recycling collection program provided by the city’s authorized recycler as herein specified, and if there is a charge for such service, said charge shall be collected as per a schedule of rates as shall be set by resolution of the city council.

B. Except as otherwise provided by this chapter, the owners or occupants of all multifamily residential occupied units shall subscribe to an approved recycling collection program provided by the city’s authorized recycler 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.

C. If any person shall fail to subscribe to the city’s recycling collection program provided by the city’s authorized recycler or violate any other provision of this section, said violation shall be an infraction and shall be presumed to be a nuisance upon the premises.

D. Annually the authorized recycler 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 recycling program provided by the authorized recycler.

E. The owner or occupant of each single-family and multifamily occupied premise shall subscribe for recycling services within seven days of occupancy of the premises. If the owner or occupant fails to subscribe for service, the authorized recycler shall give the owner or occupant written notification that such service is required. (Ord. 634 § 2(part), 1995).

8.22.120 Collection – Nonresidential subscription required.

A. Except as otherwise provided by this chapter, no later than January 1, 1996, all nonresidential establishments shall subscribe to an approved recycling collection program provided by an authorized recycler licensed by the city as herein specified, and for such service a charge may be collected as agreed upon between the generator and the authorized recycler.

B. If any person shall fail to subscribe to an approved recycling collection program provided by an authorized recycler licensed by the city or violates any other provision of this section, said violation shall be an infraction and shall be presumed to be a nuisance upon the premises. (Ord. 634 § 2(part), 1995).

8.22.130 Failure to pay authorized recycler.

It is unlawful for any person subscribing to an approved recycling program as provided in this chapter to wilfully fail, neglect or refuse to pay to the authorized recycler the rate provided by resolution of the city council, or as determined through as agreement between the generator and the authorized recycler. (Ord. 634 § 2(part), 1995).

8.22.140 Collection billing.

An authorized recycler is responsible for the collection of any recycling fee on behalf of the city and the authorized recycler.

An authorized recycler may bill its customers in advance of service, but in no case more than two months in advance of service. (Ord. 634 § 2(part), 1995).

8.22.150 Collection schedule.

A. Collection of recyclables through an approved recycling collection program may occur 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. The city’s approved curbside recycling collection program will not be operated on legal holidays except as approved by the city. The authorized recycler 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 § 2(part), 1995).

8.22.160 Recycling licensing requirements.

A. Unless otherwise provided in this chapter, no one other than an authorized recycler shall collect and transport recyclables.

B. An authorized recycler shall obtain a current license from, or enter into a contract, or franchise agreement with the city, as determined by the city council, authorizing the recycler to handle, haul, collect, transport, store, transfer, process or market recyclable materials 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 recycler 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 fees and rates, if any, for such collection and processing and marketing operations shall be established by resolution of the city council.

C. It is unlawful for any person to handle, haul, collect, transport, store, transfer, process or market recyclable materials 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 § 2(part), 1995).

8.22.180 Exceptions to licensing and franchising requirements.

No license, franchise or contract shall be required for a person or business:

A. Handling, hauling or transporting recyclable materials from his/her own residence or business for purposes of recycling of same at an authorized recycling facility or transfer station; provided, however, that the person or business is not engaged in the business of handling, hauling, collecting, transporting, storing, transferring or processing of solid waste.

B. Transporting recyclable materials over the streets of the city, where all of such recyclable materials so transported originates or originated: (a) outside the limits of the city; or (b) from a landscape maintenance work site and is being transported to another location outside the city or to an authorized disposal area, compost operation, or transfer station. (Ord. 634 § 2(part), 1995).

8.22.190 Interference with authorized recyclers prohibited.

It is unlawful for any person in any manner to interfere with the handling, hauling, collecting, transporting, storing, transferring or processing of recyclable materials by an authorized recycler. (Ord. 634 § 2(part), 1995).

8.22.200 Unauthorized collection prohibited.

Commencing at 12:01 a.m. on the day preceding the day designated for collection of recyclable materials, no other person other than the generator or the authorized recycler shall remove recyclable material which has been placed in an approved recycling container at a designated recycling collection station. Each unauthorized collection from one or more designated recycling collection stations shall constitute a separate and distinct offense punishable as provided in this chapter. (Ord. 634 § 2(part), 1995).

8.22.210 Civil action by authorized recycler.

This chapter does not limit the right of an authorized recycler to bring a civil action against a person who violates Section 8.22.200. A criminal conviction for such violation does not exempt a person from civil action brought by an authorized recycler. (Ord. 634 § 2(part), 1995).

8.22.220 Requirements generally for vehicles, conveyances and containers.

Except for vehicles, conveyances and containers used by persons described in Sections 8.22.170 and 8.22.180, all vehicles, conveyances or containers used for handling, hauling, collecting, transporting, storing, transferring or processing recyclables within or through the city shall be:

A. Of such construction as to comply fully with all laws, rules and regulations of the state pertaining thereto;

B. Maintained in a clean and sanitary condition;

C. Uniformly painted;

D. Include the name and phone number of the authorized recycler in letters not smaller than six inches high. (Ord. 634 § 2(part), 1995).

8.22.230 Collection vehicles and hauling requirements for authorized recyclers.

Except for vehicles used by persons described in Sections 8.22.170 and 8.22.180, an authorized recycler who conveys, handles, hauls, collects, transports, stores, transfers or processes recyclables within or through the city shall comply with the following requirements:

A. Recyclables 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. Recyclables in the truck shall be contained 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 recycler.

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 recycler, each collection truck shall also include the truck number in letters not smaller than six inches high. (Ord. 634 § 2(part), 1995).

8.22.240 Recycling container requirements.

A. Authorized recyclers shall provide each owner or occupant of a single-family residential unit one or more approved recycling containers to use for storage and collection of recyclables.

B. Authorized recyclers shall provide the management of multifamily units and other nonresidential establishments sufficient approved recycling containers to use for storage and collection of recyclables.

C. With the permission of the respective owner, persons residing in a multifamily dwelling complex and tenants of nonresidential establishments may share in the use of containers furnished or approved by an authorized recycler pursuant to regulations prescribed by the city.

D. An approved recycling container shall at all times be kept in good, usable and sanitary condition.

E. Approved recycling containers provided by an authorized recycler remain the property of the city or the authorized recycler as specified by agreement between them. (Ord. 634 § 2(part), 1995).

8.22.250 Recycling container placement.

A. No recycling 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 except as herein provided. No person shall place a container so that either the sidewalk or street gutter is obstructed.

B. Approved recycling 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 approved recycling containers shall be placed in the location by the occupant of such premises for collection by the authorized recycler.

D. The owners of multifamily residential complexes and other nonresidential establishments which receive communal refuse and recycling services shall provide and maintain space within or adjacent to each trash enclosure, or adjacent to each dumpster or other trash container for placement of sufficient approved recycling containers.

E. Each person who has an approved recycling container shall keep the area where the container is located in a clean, safe and sanitary condition. (Ord. 634 § 2(part), 1995).

8.22.260 Recycling collection site plan required – Existing structures.

A. Each owner of a multifamily residential complex and other nonresidential establishments shall ensure that a recycling collection site plan is submitted to the authorized recycler. The plan shall:

1. Include a waste audit on a form approved by the city which shall identify the categories and volume of recyclables generated on the property;

2. Designate space on the property to be used for collection of all recyclable materials generated on the property;

3. Identify the means of recycling to be used by the property, such as reverse vending machines, off-site collection facilities, mobile recycling units, on-site or off-site processing facilities;

4. Identify the means and frequency of any off-site transport of recyclables;

5. Identify the contact person responsible for coordinating the recycling collection site plan.

B. The first plan shall be submitted to the authorized recycler when requested, and thereafter upon reasonable notice by the city. (Ord. 634 § 2(part), 1995).

8.22.270 Recycling collection site plan required – New development projects.

On or after September 1, 1993, in addition to the requirements of Section 8.22.260, any new development project and/or any project for which an application for a building permit is submitted for modifications that meet one or both of the conditions below shall also meet all the requirements of Section 8.22.272:

A. Modification to the project adds thirty percent or more to the existing floor area; or

B. The price of modification exceeds ten percent of the then current assessed value of the subject parcel. (Ord. 634 § 2(part), 1995).

8.22.272 Recycling collection site plan design standards – New development projects.

A. The design and construction of the recycling area(s) shall be compatible with surrounding land uses and shall be located so they are at least as convenient as the location where solid waste is collected. Areas for collecting and loading recyclable materials should be adjacent to the solid waste collection area(s) and shall be adequate in capacity, number and distribution to serve the development project.

B. Dimensions of the recycling area shall accommodate an adequate number of containers consistent with current methods of collection and loading of recyclable materials generated by the development project.

C. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling area(s).

D. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel and provide at least minimum clearance required by the collection methods and vehicles utilized by the authorized recycler in the area in which the development project exists.

E. Residential developers and property owners are encouraged to include recycling areas or systems within the residence; such as roll-out drawers below the sink for recycling receptacles; fireproof, cleanable, secure chutes from the living space to the space for collecting and loading recyclable materials, etc. The recommended internal storage space for recyclables for individual living units of residential development projects is three cubic feet. (Ord. 634 § 2(part), 1995).