Chapter 9.06
SOLID WASTE
Sections:
9.06.020 Exclusive right of collection.
9.06.030 Right to grant franchise.
9.06.040 Collection by contractor mandatory.
9.06.060 Collection containers.
9.06.070 Location of collection containers.
9.06.080 Frequency of required collection.
9.06.090 Requirements for hauling solid waste.
9.06.100 Fees for solid waste collection services.
9.06.110 Billing – Charges to be a lien.
9.06.120 Removal of dangerous material.
9.06.130 Residential generator requirements.
9.06.140 Commercial generator requirements.
9.06.150 Waivers for collection service.
9.06.160 Self-haul requirements.
9.06.170 Solid waste facility and community compost requirements.
9.06.180 Commercial edible food generator requirements.
9.06.190 Food recovery organization and food recovery service requirements.
9.06.200 Inspections and investigations.
9.06.010 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Act” means the California Integrated Waste Management Act of 1989 (commencing with Cal. Pub. Res. Code § 40000), as 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.
“CCR” means the California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
“City Manager” means the City Manager of the City of Dixon, or their designee, which may include City employees.
“Collection” means to take physical possession of solid waste at, and remove from, the place of generation for transport to a solid waste facility or other recovery activity.
“Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily dwelling that consists of fewer than five (5) dwelling units is not “commercial,” for the purposes of this chapter.
“Commercial edible food generator” means a tier one or a tier two commercial edible food generator as defined in 14 CCR Sections 18982(a)(73) and (74). Food recovery organizations and food recovery services are not commercial edible food generators.
“Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one (1) time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
“Composting” means the process of controlled biological decomposition of organic waste.
“Construction and demolition debris” or “C&D” means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction clean-up operations on any pavement or structure.
“Container” or “collection container” means, for the purpose of this chapter, any bin, box or cart used for the purpose of holding solid waste for collection.
“Contractor” means an agent or employee of the City or a person or entity with whom the City contracts to collect and dispose of residential, commercial, and industrial solid waste produced in the City.
“Debris box” means any ten (10) to forty (40) cubic yard container, or any compactor provided by a solid waste generator, placed in the public right-of-way, on City property, private property, or elsewhere in the service area, which is procured by a solid waste generator for their use in the collection of their solid waste. Debris boxes are serviced by means of lifting the entire container, including all contents, onto a designated collection vehicle.
“Disposal” means the final disposition of solid waste at a solid waste facility permitted for disposal.
“Dwelling unit” means one (1) or more rooms with internal access between all rooms, which provide complete independent living facilities for at least one (1) family, including provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities.
“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste 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.
“Enforcement action” means an action of the City to address noncompliance with this chapter including, but not limited to, issuing administrative notices, citations, fines, penalties, or using other remedies.
“Enforcement agency” means an entity with the authority to enforce part or all of this chapter as specified herein. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the City. The City is an enforcement agency for all sections of this chapter. The City may choose to additionally delegate enforcement responsibility for certain sections, to other public entities, including the County of Solano.
“Exempt waste” means biohazardous or biomedical waste, hazardous waste, medical waste, regulated radioactive waste, waste that is volatile, corrosive, or infectious, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter or materials 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.
“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to: a food bank as defined in Cal. Health & Safety Code § 113783; a nonprofit charitable organization as defined in Cal. Health & Safety Code § 1113841; and a nonprofit charitable temporary food facility as defined in Cal. Health & Safety Code § 1113842.
“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food waste” means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. Food waste includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste and grain waste. Food waste does not include exempt waste.
“Garbage” means all nonrecyclable packaging and other waste attributed to normal activities of a service unit. Garbage must be generated by and at the service unit wherein the garbage is collected. Garbage does not include recyclable materials, organic materials, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.
“Generators,” for the purpose of this chapter, means a person or entity, including commercial generators and residential generators, that is responsible for the initial creation of organic materials, or as otherwise defined as “organic waste generator” in 14 CCR Section 18982(a)(48).
“Hauler” means a person who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the state. Hauler includes “contractor.” A person who transports material from reporting entity to another person is a transporter, not a hauler.
“Inspection” means a site visit where a jurisdiction or its designee or designated entity reviews records, containers, and an entity’s collection, handling, recycling, or disposal of solid waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
“Notice of violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.
“Organic material” or “organic waste” means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food waste, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46).
“Person” means any person or persons, firm, association, corporation or other entity acting as principal, agent or officer, servant or employee, for themselves or for any other person, firm or corporation.
“Premises” includes a tract or parcel of land with or without habitable buildings or appurtenant structures (14 CCR Section 17225.50). For purposes of this chapter the word “premises” includes residential and commercial uses of the land, whether owned, leased, rented or subrented, including 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.
“Prohibited container contaminants” means (1) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the City’s designated recyclables collection container; (2) discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials for the City’s designated organic materials collection container; and (3) discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic materials to be placed in City’s designated organic materials collection container and/or designated recyclables collection container; and (4) exempt waste placed in any container.
“Recyclable (source separated) materials” means any material designated to be separated from the waste stream for purposes of recycling. This designation shall be made by the City and the authorized collector based on good public practice, ability to receive an acceptable economic return, and feasibility of separating the material from the waste stream at the point of collection. Recyclable materials are currently limited to paper, glass, cardboard, plastics, ferrous metal, and aluminum.
“Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in Cal. Pub. Res. Code § 40201.
“Residential” means, for the purposes of this chapter, any premises consisting of between one (1) and four (4) dwelling units, and on-site domestic uses accessory to these dwelling units. A multifamily dwelling that consists of fewer than five (5) dwelling units is “residential,” for the purposes of this chapter.
“Self-hauler” means a person who hauls solid waste, organic waste or recovered material they have generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting organic materials to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 189881(a)(66)(A).
“Solid waste” has the same meaning as defined in Cal. Pub. Res. Code § 40191, which defines solid waste as all putrescible and nonputrescible solid and semisolid wastes, including garbage, recyclable materials, organic materials, demolition and construction wastes, bulky waste, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes with the exception that solid waste does not include any of the following wastes: (1) hazardous waste, as defined in Cal. Pub. Res. Code § 40141, (2) radioactive waste regulated pursuant to the State Radiation Control Law (Cal. Health & Safety Code Chapter 8 (commencing with § 114960) of Part 9 of Division 104) and (3) medical waste regulated pursuant to the State Medical Waste Management Act (Cal. Health & Safety Code Part 14 (commencing with § 117600) of Division 104). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Cal. Pub. Res. Code § 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Cal. Pub. Res. Code Division 30. Recyclable materials and organic materials are a part of solid waste.
“Solid waste collection service” means collection of solid waste originating in the City, by persons, firms or corporations, and doing so under a contract or franchise agreement with the City.
“Solid waste facility” or “facility” means a solid waste transfer or processing station including material recovery facilities, a recycling facility, a composting facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, and a disposal facility. Solid waste facility additionally includes a solid waste operation that may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by CalRecycle, or otherwise set forth in the Act.
“Source separate” means the process of removing recyclable materials and organic materials from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic materials, or as otherwise defined in 14 CCR Section 17402.5(b)(4).
“Tier one commercial edible food generator” means a commercial edible food generator that is one (1) of the following as defined in 14 CCR Section 18982(a):
1. Supermarkets with gross annual sales of two million dollars ($2,000,000.00) or more.
2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.
3. Food service provider, which means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
4. Wholesale food vendor, which means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
5. Food distributor, which means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
“Tier two commercial edible food generator” means a commercial edible food generator that is one (1) of the following as defined in 14 CCR Section 18982(a):
1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
2. Hotel with an on-site food facility and two hundred (200) or more rooms.
3. Health facility with an on-site food facility and one hundred (100) or more beds.
4. Large venue, which means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site, is a single large venue.
5. Large event, which means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
6. A State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.
7. A local education agency facility with an on-site food facility. “Local education agency” means a school district, charter school, or County office of education that is not subject to the control of City or County regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40). [Ord. 21-007 § 1.]
9.06.020 Exclusive right of collection.
Except as may otherwise be provided in this chapter, the City reserves to itself or its authorized designee the exclusive right to gather, collect, and remove solid waste from premises within the City. No person other than those specified in this section shall gather, collect, or remove from any public street, alley or highway, take any waste from any receptacle in which the same is placed for collection or removal, or interfere with or disturb any such receptacle, or remove any such receptacle from any location where the same is placed by the owner thereof. [Ord. 21-007 § 1.]
9.06.030 Right to grant franchise.
A. The City, subject to all applicable State laws, specifically retains the right to grant an exclusive franchise or franchises for the collection of solid waste from all residential, commercial, and industrial premises.
B. The City may terminate any contract entered into under this chapter and revoke the franchise granted by it if the contractor violates the contract, this chapter, or a rule or regulation of the City. Such right of revocation shall be governed by provisions relating thereto set forth in any applicable franchise agreement.
C. A contractor providing solid waste collection service to generators within the City shall meet the following requirements and standards for collection of organic materials:
1. Through written notice to the City annually identify the facilities to which they will transport organic materials including facilities for source separated recyclable materials and source separated organic materials.
2. Transport source separated recyclable materials to a facility that recycles those materials and transport source separated organic materials to a facility, operation, activity, or property that recovers organic materials as defined in 14 CCR Division 7, Chapter 12, Article 2.
3. Obtain approval from the City to haul organic materials, unless it is transporting source separated organic materials to a community composting site or lawfully transporting construction and demolition debris in a manner that complies with 14 CCR Section 18989.1. [Ord. 21-007 § 1.]
9.06.040 Collection by contractor mandatory.
A. It is mandatory for every person in the City to subscribe to the solid waste collection service provided by the contractor.
B. A mandatory obligation is imposed on every person in the City to source separate all recyclable material and organic materials from the garbage generated on the premises. Generators shall place source separated organic materials, including food waste, in the contractor provided organic materials collection container; place source separated recyclable materials in the contractor provided recyclable material collection container; and place garbage in the contractor provided garbage collection container. Generators shall not place prohibited container contaminants into the garbage collection container, organic materials collection container or recyclable material collection container.
C. Nothing in this chapter shall prohibit a generator from self-hauling solid waste as described in DMC 9.06.160.
D. Generators may manage their organic materials by preventing or source reducing their organic materials, managing organic materials on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c) to the extent permitted by other applicable laws.
E. Generators shall provide or arrange for access during all inspections and investigations (with the exception of a private residential dwelling unit) and cooperate with the City contractor during such inspections and investigations as described in DMC 9.06.200. [Ord. 21-007 § 1.]
9.06.050 Prohibited acts.
No solid waste shall be burned, nor shall solid waste be allowed to accumulate, or be buried, dumped, scattered, or placed on any property within the City, except as otherwise permitted by this chapter. Any unauthorized accumulation of solid waste on any premises is hereby declared to be a nuisance and is prohibited. Any such prohibited accumulation may be disposed of by the City or its contractor at the sole cost and expense of the residential, commercial, or industrial customer. [Ord. 21-007 § 1.]
9.06.060 Collection containers.
A. All solid waste, except as otherwise provided, shall be placed within collection containers provided by the contractor.
B. Generators shall arrange for a size, quantity and collection frequency of collection containers to adequately store all solid waste generated in connection with the residence or business between the times designated for collection service. The City shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this chapter.
C. All collection containers shall, when filthy, leaking, or in a defective state, be cleaned by the subscriber and repaired or replaced by the contractor.
D. Tree and shrub prunings, not exceeding three (3) feet in length, need not be containerized providing they are tied with string or twine and in bundles not exceeding two (2) feet in diameter, and placed adjacent to the required organic materials collection container. [Ord. 21-007 § 1.]
9.06.070 Location of collection containers.
Collection containers shall be placed for collection at ground level in front of the property receiving service and adjacent to and within two (2) feet of the curb, or, if there is no curb, then within two (2) feet of the edge of pavement, or, if there is no pavement, at the edge of the roadway. At properties with a sidewalk adjacent to the curb, the waste container shall be placed so as not to substantially impede the flow of pedestrian traffic on the sidewalk. Alternative locations for collection containers shall include the driveway area within two (2) feet of the curb or in the street within two (2) feet of the curb if the street includes a parking lane. These alternatives are especially effective where parked vehicles frequently block effective pickup of collection containers by the contractor. At properties where the sidewalk is separated from the curb by a planter area or with no sidewalk, collection containers shall be placed adjacent to and within two (2) feet of the curb. Collection containers shall be placed a minimum of three (3) feet from each other and from other temporary or fixed objects, such as cars and trees, which conflict with the ability of the contractor’s vehicle to empty the collection container(s). Where contractor determines that a customer is unable, due to age or disability, to place collection containers at curbside, then, with the approval of the contractor, collection containers may be placed for collection at other than a curbside location. Contractor may set an additional charge for said extra service with prior approval of the City. [Ord. 21-007 § 1.]
9.06.080 Frequency of required collection.
A. Residential solid waste shall be collected at least once each week.
B. Commercial solid waste shall be collected as provided by agreement with the contractor, but not less frequently than once per week, provided, however, where necessary to protect the public health, the City Manager or his authorized representative may require that more frequent collection be made. [Ord. 21-007 § 1.]
9.06.090 Requirements for hauling solid waste.
Solid waste conveyed on streets in the City shall be hauled in an all metal watertight bodied motor truck, that must be approved for such use by the City, 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. [Ord. 21-007 § 1.]
9.06.100 Fees for solid waste collection services.
Fees for residential, commercial, and industrial (debris box) solid waste collection services shall be set by the contractor, subject to the approval of the City Council. [Ord. 21-007 § 1.]
9.06.110 Billing – Charges to be a lien.
A. Single-Family Dwellings.
1. All charges shall become delinquent seventy-five (75) days after the billing date.
2. If the bill remains unpaid after the date of delinquency, the contractor shall be entitled to a delinquency fee. However, said delinquency fee shall not be assessed until fifteen (15) days after notification of the delinquency to the owner and recipient of the service. The form and content of the delinquency notice shall be approved by the City Finance Director. The contractor shall simultaneously file with the Finance Director a formal written notice stating that such delinquency notice has been sent to such recipient and owner, and the date upon which notice was sent.
3. Should the bill remain unpaid at the expiration of fifteen (15) days, the contractor may assign said bill to the City for lien proceedings.
4. Upon the City’s receipt of the assignment from the contractor and at the convenience of the City (not less than once per year), the Finance Director shall initiate proceedings complying with Cal. Gov’t Code §§ 38790.1 and 25831 to create a lien on the real property to which the garbage collection and street sweeping has been rendered.
5. The lien will be officially recorded in the County Recorder’s office or placed for collection with the County Auditor. The lien may carry such additional administrative charges as may be set forth by resolution of the City Council. The owner shall be notified by the Finance Director that the delinquency charges and administrative charges are due the City and that such lien has been recorded.
B. Bills for Service to Premises Other Than Single-Family Dwellings.
1. All charges shall become delinquent thirty (30) days following the end of the service period for which the bill is rendered.
2. All delinquent accounts are subject to stoppage of service without notice unless otherwise directed by the City Manager. The stoppage of services for nonpayment of collection charges shall be in addition to the right of the contractor to proceed for the collection of such unpaid charges in the manner provided for by subsection A of this section. [Ord. 21-007 § 1.]
9.06.120 Removal of dangerous material.
A. Highly inflammable or explosive materials shall not be placed in collection containers for solid waste collection service but shall be disposed of as directed by the Fire Chief at the expense of the person owning or possessing such materials.
B. Removal of wearing apparel, bedding or other waste from a place where highly infectious or contagious disease has prevailed shall be under the direction of the County Health Department. Such waste shall not be placed in collection containers for solid waste collection service. [Ord. 21-007 § 1.]
9.06.130 Residential generator requirements.
A. Each residential generator shall subscribe to a level of solid waste collection service with the contractor that is sufficient to handle the volume of garbage, recyclable material, and organic materials generated or accumulated on the premises and comply with requirements of those collection services. [Ord. 21-007 § 1.]
9.06.140 Commercial generator requirements.
Commercial generators shall comply with the following requirements:
A. Each commercial generator, including all multifamily dwellings that consist of five (5) dwelling units or more, large events and large venues shall be responsible for compliance with the requirements of this section.
B. Each commercial generator shall subscribe to a level of service with an authorized collector that is sufficient to handle the volume of garbage, recyclable materials and organic materials generated or accumulated on the premises. Additionally, each commercial generator shall ensure the proper separation of solid waste, as established by the authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site conduct proper source separation of solid waste.
C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors, conforming with requirements of this section, for employees, contractors, tenants, and customers, consistent with the solid waste collection service.
D. Annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of solid waste.
E. Provide educational information before, or within, fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic materials and source separated recyclable materials separate from garbage (when applicable) and the location of collection containers and the rules governing their use at each property.
F. Accommodate and cooperate with the authorized collector’s monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator’s compliance.
G. If a commercial generator self-hauls, the commercial generator shall meet the self-haul requirements in DMC 9.06.160.
H. Excluding multifamily dwellings consisting of five (5) or more dwelling units, provide containers for the collection of source separated organic materials and source separated recyclable materials in all indoor and outdoor areas where garbage collection containers are provided for customers, for materials generated on site. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one (1) type of collection container, then it is not required to provide that type of collection container in all areas where garbage collection containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the collection containers shall have either:
1. A body or lid that is gray or black for collection of garbage, blue for collection of recyclable materials, and green for collection of organic materials. A commercial generator is not required to replace functional collection containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those collection containers, or prior to January 1, 2036, whichever comes first.
2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
I. Excluding multifamily dwellings consisting of five (5) or more dwelling units, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the solid waste collection service.
J. Excluding multifamily dwellings consisting of five (5) or more dwelling units, periodically inspect collection containers for prohibited container contaminants and inform employees if containers are contaminated and of the requirements to keep prohibited container contaminants out of such containers pursuant to 14 CCR Section 18984.9(b)(3).
K. Commercial generators that are commercial edible food generators, as defined in DMC 9.06.010, shall comply with food recovery requirements, pursuant to DMC 9.06.180. [Ord. 21-007 § 1.]
9.06.150 Waivers for collection service.
A. Pursuant to 14 CCR Section 18984.11, the City may grant waivers to commercial businesses. The City Manager may either approve or deny the following waiver requests:
1. De Minimis Waivers. The City Manager may waive a commercial business’s obligation to comply with some or all the mandatory collection service requirements of DMC 9.06.140 for organic materials collection service if the commercial business meets the following requirements:
a. Submit an application specifying the type of waiver requested and provide documentation as described below.
b. Provide documentation that either:
(i) The commercial business receives two (2) or more cubic yards of weekly solid waste collection service (as measured in conformance with subsection (A)(1)(b)(iii) of this section) and disposed organic materials comprises less than twenty (20) gallons per week of the business’s total weekly solid waste volume; or
(ii) The commercial business receives less than two (2) cubic yards of weekly solid waste collection service (as measured in conformance with subsection (A)(1)(b)(iii) of this section) and disposed organic materials comprises less than ten (10) gallons per week of the business’s total weekly solid waste volume.
(iii) For the purposes of subsections (A)(1)(b)(i) and (ii) of this section, weekly solid waste collection shall be the sum of weekly garbage container volume, recyclable material container volume and organic materials container volume, measured in cubic yards.
c. Notify the City within thirty (30) days if circumstances change such that volume of commercial business’s disposed organic materials placed in collection containers exceeds threshold required for waiver, in which case waiver will be rescinded.
d. Provide written verification of eligibility for de minimis waiver every five (5) years if the City has approved de minimis waiver.
2. Physical Space Waivers. The City may waive a commercial business’s obligations to comply with some or all of the recyclable materials and/or organic materials collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with collection service requirements. A commercial business or property owner may request a physical space waiver through the following process:
a. Submit an application form specifying the type(s) of collection services for which they are requesting a waiver from mandatory collection service.
b. Provide documentation that the premises lacks adequate space for the recyclable materials collection containers and/or organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer.
c. Provide written verification to the City that it is still eligible for physical space waiver every five (5) years if the City has approved application for a physical space waiver. [Ord. 21-007 § 1.]
9.06.160 Self-haul requirements.
A. Self-haulers shall haul their source separated recyclable materials and organic materials to a facility that recovers those materials; and haul their source separated organic materials to a solid waste facility, operation, activity, or property that processes or recovers source separated organic materials.
B. Self-haulers that are commercial businesses shall keep a record of the amount of organic materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic materials. Receipts and records shall be subject to inspection by request of the City Manager. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste. If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic materials.
2. The amount of material in cubic yards or tons transported by the generator to each entity. [Ord. 21-007 § 1.]
9.06.170 Solid waste facility and community compost requirements.
A. Owners of facilities, operations, and activities that recover organic materials, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) days.
B. Community composting operators, upon the City’s request, shall provide information to the City to support organic materials capacity planning, including, but not limited to, an estimate of the amount of organic materials anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within sixty (60) days. [Ord. 21-007 § 1.]
9.06.180 Commercial edible food generator requirements.
A. Tier one commercial edible food generators must comply with the requirements of this section January 1, 2022, and tier two commercial food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery services or food recovery organizations:
(i) The name, address and contact information of the food recovery service or food recovery organization.
(ii) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(iii) The established frequency that food will be collected or self-hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Cal. Educ. Code Article 13 (commencing with § 49580) to Chapter 9 of Part 27 of Division 4 of Title 2, and to amend the Cal. Health & Safety Code § 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time). [Ord. 21-007 § 1.]
9.06.190 Food recovery organization and food recovery service requirements.
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one (1) or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall annually report to the City the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than April 1st of each year.
D. In order to support edible food recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within sixty (60) days unless a shorter time frame is otherwise specified by the City. [Ord. 21-007 § 1.]
9.06.200 Inspections and investigations.
A. The City Manager, and contractor, are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for inspection. For the purposes of inspecting commercial collection containers for compliance, the City Manager or contractor may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring.
B. A person subject to the requirements of this chapter shall provide or arrange for access during all inspections (with the exception of a private residential dwelling unit) and shall cooperate with the City Manager or contractor during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for: (1) access to the premises; (2) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties.
C. Any records obtained by the City Manager or contractor during inspections, investigations, remote monitoring and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Cal. Gov’t Code § 6250 et seq.
D. The City, contractor or designee shall accept written complaints from persons regarding an entity that may be potentially noncompliant with this chapter. [Ord. 21-007 § 1.]
9.06.210 Enforcement.
A. Violation of any provision of this chapter shall constitute an infraction and will be grounds for issuance of a notice of violation and, with the exception of the violation of prohibited container contaminants, assessment of an administrative citation and penalty by the City Manager.
B. The City’s procedures on imposition of administrative citations and fines as contained in Chapters 1.05, 1.06 and 1.07 DMC shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter. Any section of this chapter may be enforced by the City of Dixon, or, if agreed to, by its designated enforcement agency.
C. A violation may be punishable by:
1. A fine of one hundred dollars ($100.00) for a first violation;
2. A fine of two hundred dollars ($200.00) for a second violation of the same provision of this code within any twelve (12) consecutive-month period;
3. A fine of five hundred dollars ($500.00) for each additional violation of the same provision of this code within any twelve (12) consecutive-month period. Any citation issued after the issuance of a third citation or violation of the same provision of this code within any twelve (12) consecutive-month period may be charged so each day that a violation of this code continues shall constitute a separate and distinct offense.
D. The City Manager or designated enforcement agency may issue a notice of violation requiring compliance within sixty (60) days or sooner of issuance of the notice.
E. Absent compliance by the respondent within the deadline set forth in the notice of violation, the City Manager or designated enforcement agency shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the City’s standard procedures or the standard procedures of its designated enforcement agency.
Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations, and fines. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations, exists such that court action is a reasonable use of City staff and resources. [Ord. 21-007 § 1.]