Chapter 5.32 DISCARDED MATERIALS MANAGEMENT

This chapter may be referred to and cited as the “discarded materials management ordinance of the city of Dublin.” (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-100))

5.32.020 Findings.

The management of discarded materials is a matter of great importance to the city, and its citizens, visitors, property owners and businesses. The city has found that the public health, safety, and well-being require that the generation, accumulation, handling, collection, transportation, conversion and disposal of discarded materials be controlled and regulated by the city through the comprehensive system provided in this chapter. The establishment and maintenance of this system will benefit the city and all its citizens, visitors, property owners and businesses apart from and in addition to individual use. The system seeks to maintain a readily available discarded materials disposal service which the city wants to be reliable, clean, efficient and economical. The system will help to reduce the harboring and breeding of rodents and insects, to reduce the spread of disease, and to prevent pollution and other unsightly degradation of the environment. The comprehensive discarded materials management system provided in this chapter is found to be in the public interest. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-101))

5.32.030 Purpose.

The purpose and object of this chapter are to accomplish the foregoing results, and the provisions thereof shall be construed to give full effect to the accomplishment of such purpose and object. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-102))

5.32.040 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Bin” means a container with capacity of approximately one (1) to seven (7) cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front-end-loading collection vehicle.

“Biohazardous or biomedical waste” means any waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves.

“California Code of Regulations” or “CCR” means the state of 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).

“Cart” means a plastic container with a hinged lid and wheels that is serviced by a collection vehicle.

“Collection” means the removal and transportation of discarded materials by the collector from the place of delivery to a disposal facility approved under the collector’s agreement with the city or by a nonexclusive franchise.

“Collector” means that person or business having an exclusive franchise agreement with the city granting to them or it the exclusive privilege of collecting or causing to be collected or transported for a fee any discarded materials within the city or any portion thereof.

“Commercial” or “commercial business” means a firm, partnership, proprietorship, joint-stock company, corporation, institution, or association (whether incorporated or unincorporated or for-profit or nonprofit), strip mall, industrial facility, or as otherwise defined in 14 CCR Section 18982(a)(6).

“Commercial edible food generator” means tier one commercial edible food generators (as defined in 14 CCR Section 18982(a)(73)) and tier two commercial edible food generators (as defined in 14 CCR Section 18982(a)(74)), or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators, or as otherwise specified by 14 CCR Section 18982(a)(7).

“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 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 in 14 CCR Section 18982(a)(8).

“Compost” or “composting” (or any variation thereof) means the controlled biological decomposition of organic waste yielding a safe and nuisance-free compost product.

“Compactor” means any roll-off container or bin which has a compaction mechanism, whether stationary or mobile.

“Construction and demolition debris” means used or removed materials resulting from construction, remodeling, repair or demolition operations on any pavement, house, commercial building, or other structure and such other materials as may be removed during the normal cleanup process of such construction, remodeling, repair, or demolition operations.

“Construction and demolition debris collection service” means the collection of construction and demolition debris by a person or company that holds a valid nonexclusive or exclusive franchise from the city and the delivery of that material to an appropriate facility.

“Container” means bins, carts, compactors, and roll-offs intended for the placement of discarded materials by the waste generator.

“Delivery” of discarded materials shall be deemed to occur when discarded materials are deposited in a container or at a location that is designated for collection pursuant to this chapter, or is otherwise discarded.

“Director” means the City Manager or the designee of the City Manager.

“Discarded materials” means solid waste, source-separated recyclable materials, and source-separated organic waste.

“Disposal” or “dispose” (or another variation thereof) means the final disposition of solid waste at a facility.

“Edible food” means food intended for human consumption. For the purposes of this code, edible food is not solid waste if it is recovered and not discarded. Nothing in this code requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for edible food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this code.

“Exempt waste” means biohazardous or biomedical waste, hazardous waste, household hazardous waste, sludge, soil and dirt, concrete, asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, and those wastes under the control of the Nuclear Regulatory Commission. Exempt waste does not include used oil, used oil filters, construction and demolition debris, organic waste, or household batteries when placed for collection as set forth in the franchise agreement or as otherwise directed by the Director.

“Fixed body vehicle” means an end-dump trailer hauled by a tractor, a dump truck, or other such vehicle where the container portion of the vehicle used to collect and transport construction and demolition debris is a fixed part of the vehicle body. Fixed body vehicles do not include vehicles manufactured to or designed to transport and deliver construction and demolition debris boxes.

“Food recovery” means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

“Food recovery organization” means an entity that primarily 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, including, but not limited to:

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

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

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

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization conflicts with this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this agreement.

“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).

“Food scraps” means materials that will decompose and/or putrefy including: (1) all kitchen and table food waste; (2) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of foodstuffs; (3) fruit waste, grain waste, dairy waste, meat, and fish waste; and (4) vegetable trimmings, houseplant trimmings and other organic waste common to the occupancy of residential dwellings. Food scraps are a subset of source-separated organic waste.

“Franchise agreement” means the written document and all amendments thereto, between the city of Dublin and a collector, governing the provision collection services, as defined in Section 5.32.130.

“Hazardous waste” means any waste now or hereafter classified as hazardous pursuant to Public Resources Code Section 40141 and any other applicable federal, state or local law.

“Household hazardous waste” or “HHW” means any hazardous waste generated by residential waste generators.

“Multifamily” means any residential premises, other than single-family, with any combination of five (5) or more dwelling units in the city of Dublin receiving centralized, shared collection service. Multifamily dwellings do not include hotels, motels, or other transient occupancy facilities, which are considered commercial for the purposes of this chapter.

“Organic waste” means solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, 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). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

“Owner” means the owner or owners of real property having fee title to the property as identified in the most recent equalized assessment roll of the Alameda County Assessor.

“Processing” or “process” (or any variation thereof) means to prepare, treat, or convert source-separated recyclable materials or source-separated organic waste through some special method.

“Recyclable materials” or “recyclables” means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Recyclable materials include those materials defined by the city of Dublin, including newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; small scrap and cast aluminum (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); steel including “tin” cans, aerosol cans (empty, nontoxic products) and small scrap (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); bimetal containers; plastic bottles (Nos. one (1) through seven (7)); aluminum foil and pans; and dry cell household batteries when contained in a sealed heavyduty plastic bag. “Recyclable materials” or “recyclables” shall also include those materials described in the franchise agreement between the collector and the city of Dublin, as approved by the city of Dublin, from time to time, and as described in Section 5.32.130.

“Recycle” or “recycling” (or any variation thereof) means the process of sorting, cleansing, treating and reconstituting materials that would otherwise be disposed of at a disposal facility for the purpose of returning such materials to the economy in the form of raw materials for new, reused or reconstituted products.

“Recycling facility” means any location, within or without the city limits of the city, which accepts source-separated recyclable materials generated in the city for the sole purpose of recycling as defined herein.

“Residential” or “residence” means of, from or pertaining to single-family or multifamily residences.

“Reusable materials” means items that are capable of being used again after minimal processing. Reusable materials may include, but are not limited to, textiles (clean items made of thread, yard, fabric, or cloth), furniture, and/or sporting equipment, toys, housewares, working computers, undamaged monitors, cell phones, books, working small white goods (refrigerators, water heaters, freezers, etc.), working VCRs, and working stereos.

“Roll-off container” means a metal container that is normally loaded onto a motor vehicle and transported to an appropriate facility for processing.

“Self-haul” means solid waste, source-separated recyclable materials and/or source-separated organic waste transported to a processing or disposal facility by the owner’s or occupant of the premises on which the materials were generated, or by the owner’s or occupant’s full-time employee(s), consistent with Section 5.32.150.

“Single-family” means any dwelling unit in the city of Dublin, or any combination of less than five (5) dwelling units sharing discarded material carts, for the accumulation and setting out of solid waste, source-separated recyclable materials, and source-separated organic materials.

“Solid waste” means solid waste as defined in the California Public Resources Section 40191 and regulations promulgated hereunder. Excluded from the definition of solid waste for the purposes of this code are exempt waste, construction and demolition debris, source-separated recyclable materials, source-separated organic waste, and radioactive waste. Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid waste includes reusable materials only when such materials are included for collection in a solid waste container not source separated from solid waste at the site of generation. For the purposes of this code, solid waste must be generated by the waste generator where the solid waste is collected and does not include items defined herein as exempt waste.

“Source separation” or “source separated” means the segregation into separate containers by the waste generator, prior to delivery, of individual components of discarded materials, such as glass bottles, cans, newspapers, and corrugated containers, for the sole purpose of additional sorting or processing of those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4).

“Tenant,” when used with reference to a residence, means any person or persons other than the owner occupying or in possession of the residence.

“Waste generator” means the property owner, resident, tenant, lessee, occupant, or business which produced the waste in the city in the first instance. This definition excludes any person who collects from or accepts shipment of waste from another person for the purposes of separating, recycling or otherwise disposing of such waste. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 17-05 § 1: Ord. 2-92 § 1 (A); Ord. 2-86 § 2 (5-103))

Article II. Solid Waste Accumulation, Storage and Delivery

5.32.050 Collection—Exceptions.

A. All discarded materials produced, deposited, kept, or accumulated upon any lot or parcel of land, whether public or private, shall be kept in containers as hereinafter provided. All such waste, in the containers in which it is kept, shall be delivered for collection as hereinafter provided, with the following exceptions:

1. Lawn and garden trimmings and dead leaves removed from a site by a gardening, landscaping, or tree trimming contractor, as an incidental part of a total service offered by that contractor rather than as a hauling service;

2. Construction and demolition debris as defined herein which is removed in accordance with such definition, except that debris generated at a demolition site by a licensed demolition contractor, under the authority of a currently valid demolition permit issued by the city of Dublin, need not be kept in a container;

3. Materials source separated for recycling for which the generator receives compensation from the person collecting such materials;

4. Materials source separated for recycling that the generator donates to youth, civic, or charitable organizations, no matter how the materials are transported;

5. Animal wastes and remains from slaughterhouses or butcher shops for use as tallow;

6. Solid waste transported by the owner or occupant of any residence to a fully licensed public disposal facility; provided, that such person may not transport solid waste from more than one (1) residential unit; and

7. Hazardous waste.

B. Hazardous waste shall not be delivered to the collector under the provisions of this article, except as the collector may agree by a separate contract with the generator or owner of any hazardous waste or through any further program arranged with the legislative body having jurisdiction. Every generator, keeper, custodian or owner of hazardous waste is, and shall remain, responsible for the safe disposal of such waste pursuant to applicable law.

C. Every generator, keeper, custodian or owner of material covered by subsection (A)(1), (2), (3), (4), (5), or (6) of this section, and shall remain, responsible for its safe handling and disposal and/or processing in accordance with this chapter and with other applicable law.

D. Nothing herein shall prevent the collector from accepting, collecting or transporting material covered by subsection (A)(1), (2), (3), (4), (5), or (6) of this section if delivered or otherwise offered to the collector. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 17-05 § 2: Ord. 2-86 § 2 (5-200))

5.32.060 Types of containers required—Maintenance.

Every residential and commercial premises, where discarded materials are created, deposited, kept, produced, or accumulated shall provide for use upon such premises and shall use at least one (1) container for each of the following material types including organic waste, solid waste, and recyclable material. All such containers shall be watertight, noncorrodible, nonabsorbent and durable containers which shall be kept in a clean and sanitary condition at all times. The standard container for residential and commercial services shall be the size and design specified in the franchise agreement between the collector and the city of Dublin. The Director may establish reasonable weight limits for safe handling of automated collection containers. The container shall be kept tightly covered at all times by a tightfitting noncorrodible cover, except when discarded materials are being deposited therein or removed therefrom, and shall at all times be proofed against access by flies, rodents, and animals. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-201))

5.32.061 Use of discarded materials in public litter containers.

It shall be unlawful for any person to place or cause to be placed in any public litter container owned or maintained by the city of Dublin and located upon any public street or public place any discarded materials matter originating within or upon any private property; provided, however, that pedestrians or other persons using such street or public place shall be permitted to deposit in the public litter container miscellaneous small articles of waste matter carried by them. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-92 § 1(E)(1))

5.32.070 Location of containers.

All discarded materials containers delivered for collection shall be placed so as to be readily accessible for removal and emptying by the collector, but they shall not be placed within the vehicle traveled portion of any street, road, avenue, way or alley, or at any location so as to constitute a nuisance. By the day after collection, all residential collection carts must be removed so as not to be visible from the street, except for such carts stored in side yards. Flashers shall be required on all collection bins four (4) cubic yards in capacity or larger placed in the nontraveled portion of the street for more than twenty-four (24) hours. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 14-88 § 1: Ord. 2-86 § 2 (5-202))

5.32.080 Removal of discarded materials.

A. All discarded materials created, deposited, kept, produced, or accumulated in, on or about any dwelling, premises, lot or parcel of land, whether public or private, shall be delivered to the collector, or removed by the waste generator where permitted by Sections 5.32.130 and 5.32.150, at least once each week or more often if required by the Director unless and to the extent specifically exempted in Section 5.32.050 and the Alameda County Waste Management Authority’s (WMA) Organics Reduction and Recycling Ordinance (ORRO) 2021-02 Section 6.

B. If the city is advised by the collector that service has not been initiated as provided for herein, or the Director determines that additional service is necessary, city shall give the owner written notification that such service is required. If the required service is not initiated within fifteen (15) days from the date of mailing of the city’s notice, the city may require the collector to initiate and continue that discarded materials service for said residential or commercial unit. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-92 § 1 (B): Ord. 2-86 § 2 (5-203))

5.32.090 Payment of discarded materials collection charges.

The owner or owners shall subscribe to and pay for discarded materials collection, processing, and disposal services rendered by the collector. Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement under which subscription, or payments for discarded materials collection service, or both subscription and payment for such service is made by a tenant, tenants, or any agent on behalf of the owner. However, any such arrangement will not affect the owner’s obligation should such subscription or payments not be made. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-92 § 1 (C): Ord. 2-86 § 2 (5-204))

5.32.091 Minimum subscription for discarded materials collection required.

Effective January 1, 2022, all waste generators in the city shall subscribe to a minimum service level of collection service.

The minimum service level for residential premises shall include solid waste, source-separated recyclable materials, and source-separated organic waste collection service. Any additional services included in the minimum service level shall be identified in the resolution required in Section 5.32.140.

The minimum service level for commercial premises shall include solid waste, source-separated recyclable materials, and source-separated organic waste collection service, unless the commercial waste generator applies for and receives a waiver as specified in the WMA ORRO 2021-02 Section 6. Any additional services included in the minimum service level shall be identified in the resolution required in Section 5.32.140. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-92 § 1(E)(2))

5.32.094 Payment for minimum service.

Every person in possession or control of property in the city of Dublin which is provided discarded materials collection service by the collector shall pay such collection fees as are set forth in Section 5.32.140.

Fees and charges for the minimum service level for all single-family premises for the period of July 1st to and including June 30th of each fiscal year shall be filed by the city and with the County Auditor of the county of Alameda prior to August 10th, who shall enter such fees and charges as an assessment on the tax roll and against the respective premises. The imposition of these assessments shall be in accordance with a resolution duly adopted by the City Council. The resolution levying the assessment may include the administrative costs associated with the cost of providing the service. Said assessments shall be collected at the same time and in the same manner as ad valorem taxes and other charges as are otherwise collectible by the county and shall be subject to the same penalties and the same procedures and sale in the case of delinquencies as proved for such taxes. All laws applicable to the levying, collection and enforcement of ad valorem taxes shall be applicable to such assessments as provided herein. All other fees and charges not assigned for collection to the County Auditor shall be billed and collected by the collector. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 4-93 § 1(A))

5.32.100 Responsibilities of collector.

The collector shall collect all discarded materials delivered to such places of collection and at such intervals as set forth herein and shall transfer the contents of all discarded materials containers into the vehicles provided therefor. The collector shall clean up any discarded materials spilled during the collection and shall completely empty the containers and replace lids. The collector shall continue to provide uninterrupted minimum discarded materials collection service as identified in Section 5.32.140 to all residences. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 4-93 § 1(B): Ord. 2-86 § 2 (5-205))

5.32.110 Collector submission of invoices and receipts.

The collector shall, at least quarterly, submit to every regular customer within the city a written, dated invoice for sums due and payable to be collected. Amounts due under this section shall exclude charges for the minimum service level. In the event the collector submits an invoice in advance of or at the beginning of a particular quarter, the sums due for such quarter shall not be deemed delinquent until the expiration of the second month of such quarter. The collector also shall, if requested by any customer, render a written, dated receipt for any money received by the collector from such customer on account of discarded materials collection services rendered or to be rendered. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 4-93 § 1(C): Ord. 2-86 § 2 (5-206))

5.32.115 City entitled to payment for minimum residential service.

The collector city shall be entitled to payment from the owner as described in this chapter. Any assessments as described in Section 5.32.094 which remain unpaid may be collected thereafter by the city as provided herein.

A. As scheduled and deemed appropriate by city, the City Council shall consider a report of delinquent accounts.

B. The city shall determine the name or names of the owner of the real property for which the service was provided, as identified in the latest equalized assessment roll of the County Assessor. The city shall identify the total amount due, including reasonable administrative charges as established by the city. The City Council shall fix a time, date and place for hearing any objections or protests thereto.

C. The Director shall cause a notice of the hearing to be mailed to the owners listed on the report not less than ten (10) days prior to the date of the hearing.

D. At the hearing, the City Council shall hear any objections or protest of owners liable to be assessed for delinquent fees and administrative charges. The City Council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

E. The delinquent fees and charges set forth in the report as confirmed shall constitute a special assessment against the respective parcel of land and shall be a lien on the property for the amount of such delinquent fees and charges.

F. A certified copy of the confirmed report shall thereafter be filed with the appropriate county official for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the County Recorder of the county of Alameda, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of county ad valorem property taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value has been created and attaches thereon, prior to the date in which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent fees, as confirmed, relating to such property shall be transferred to the unsecured roll for collection. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 4-93 § 1(D): Ord. 2-92 § 1(E)(7))

5.32.120 Collection—Time and location.

Collection from single-family residences shall be from locations determined by resolution of the City Council. Collection from other premises shall be at places agreed upon by negotiation between the collector and the waste generator. All collections from residences and commercial properties adjacent to residences shall begin not earlier than six a.m. (6:00 a.m.). (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 17-05 § 3: Ord. 2-86 § 2 (5-207))

Article III. Collection and Transportation of Discarded Materials

5.32.130 Exclusive and nonexclusive franchises—Limitations.

A. Franchise Required. No persons other than the holder of the exclusive franchise granted pursuant to subsection C of this section or persons granted a nonexclusive franchise agreement with the city pursuant to subsection D of this section shall collect, transport or convey, or cause or permit to be collected, transported or conveyed, on any city street any discarded materials for a fee or any consideration whatsoever.

B. Limitations of Exclusive Franchise—Exemptions. Notwithstanding the foregoing, the following shall be exempt from the franchise requirement set forth in subsection A of this section:

1. The collection of materials source separated for recycling for which compensation is provided to the waste generator.

2. Materials source separated for recycling that the generator donates to youth, civic, or charitable organizations, no matter how the materials are transported.

3. Discarded materials self-hauled to a processing or disposal facility, provided such self-hauling is consistent with Section 5.32.150.

4. Lawn and garden trimmings and dead leaves removed from a site by a gardening, landscaping or tree trimming contractor, as an incidental part of a total service offered by that contractor rather than as a hauling service, if such waste is transported in a manner which ensures no spillage or litter of highways or city streets.

5. Large items removed from a premises by a property cleanup or maintenance company as an incidental part of cleanup or maintenance service offered by the company and not as a separate hauling service.

6. The collection and transport of animal wastes and remains for tallow; provided, that a permit for such collection and transport has been issued by the Alameda County Health Officer.

7. Containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act, Public Resources Code Section 14500 et seq., no matter how delivered.

8. Hazardous waste.

9. The collection and removal of construction and demolition debris from a construction site by the construction contractor; provided, that the hauling is performed by the contractor itself using its own employees and equipment and not by a subcontracted hauling company.

10. The collection and removal of construction and demolition debris from a demolition site by a licensed demolition contractor using its own employees and equipment and not by a subcontracted hauling company, under the authority of a currently valid demolition permit issued by the city of Dublin, when such removal is accomplished through the use of a fixed body vehicle.

11. Edible food which is collected from a waste generator by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery; or which is transported by the waste generator to another person(s), such as a person from a food recovery organization, for the purposes of food recovery, regardless of whether the waste generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food.

12. Food scraps that are separated by the waste generator and used by the waste generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by the generator or hauled by another party pursuant to Section 5.32.150.

13. Source-separated organic waste composted or otherwise legally managed at the site where it is generated (e.g., backyard composting, on-site anaerobic digestion) or at a community composting site.

14. The collection and removal of discarded materials or other materials from containers placed in city parks, which shall be collected by the city or a designated contractor of the city.

C. Exclusive Franchise. The city may enter into an exclusive franchise agreement granting to one (1) person the exclusive right to collect or transport, or cause to be collected or transported for a fee, all discarded materials within the city or any portion thereof. The franchise agreement shall provide detailed requirements for the management, processing, and disposal of discarded materials in the city and provide for regulation of the fees to be collected under the exclusive franchise.

D. Nonexclusive Franchises. The city may enter into nonexclusive franchise agreements granting to a person the right to collect or transport, or cause to be collected or transported for a fee, discarded materials within the city or any portion thereof, if the collection and transport of such waste is not subject to the exclusivity provisions of the exclusive franchise or if the generator is exempted by law from complying with the requirement in Sections 5.32.080 and 5.32.090 that all generators of discarded materials within the city deliver such waste to and contract with the collector for discarded materials collection, disposal, and processing services. The nonexclusive franchise agreement shall provide detailed requirements for the management and disposal of discarded materials in the city. The franchise agreement shall not regulate the fees collected under the nonexclusive franchise. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 17-14 § 2: Ord. 17-05 § 4: Ord. 4-90 § 1; Ord. 2-86 § 2 (5-300))

5.32.140 Collection rates—Designation of minimum service.

Maximum rates of compensation for the collection of discarded materials within the city under the exclusive franchise shall be adopted by a resolution of the City Council. The resolution shall also describe the minimum service required for any commercial or residential premises pursuant to Section 5.32.091, including a description of all services included in the minimum service level. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 17-05 § 5: Ord. 2-92 § 1(D): Ord. 2-86 § 2 (5-700))

5.32.150 Self-haul permit.

A. Consistent with Section 5.32.130, a waste generator who is the owner or occupant of the premises on which the waste or materials were generated, or the owner’s or occupant’s full-time employees may self-haul discarded materials generated by the premises; provided, that the generator is in possession of a valid self-haul permit issued under this section. A self-hauler permitted under this section may not transport discarded materials from any other premises, residence, or location.

B. Requirements. The city may issue a permit to self-haul if the generator demonstrates to Director’s satisfaction that the generator complies with all of the following:

1. Storage. Store all discarded materials located on their premises in compliance with this chapter, including container specifications, closure and maintenance;

2. Removal. Collect and remove all discarded materials at least once weekly, or as often as required under Section 5.32.080;

3. Transportation. Such discarded materials may not be permitted to leak, spill, overflow or litter upon any public street or highway;

4. Disposal and Processing.

a. Solid waste must be transported to the designated receiving area at a fully licensed public disposal facility; and

b. Source-separated recyclable materials may be transported to a recycling facility holding a permit issued under this chapter; provided, that the material has been source separated, contains no putrescible matter and is untainted by putrescible matter. Recyclable materials may otherwise be disposed of pursuant to Section 5.32.130(B);

c. Source-separated organic waste may be transported to a processing facility, operation, activity, or property that processes or recovers source-separated organic waste.

C. Application for Self-Haul Permit. Generators seeking a self-haul permit must submit an application and provide the following documentation:

1. Invoice from Franchised Hauler or the City. A current dated invoice and/or payment receipt from their franchised hauler or the city showing all of the following:

a. Generator’s name;

b. Address of their serviced premises;

c. Service subscription capacity and frequency;

d. No outstanding charges due to city or franchisee for collection services previously received at the serviced address;

2. Hauling Vehicle Documentation.

a. Copy of the vehicle(s) registration showing the generator as the registered owner or lessee of the vehicle(s) to be used for transportation;

b. Copy of the vehicle(s) insurance;

c. Evidence that the vehicle(s) meets all applicable Vehicle Code standards, and capable of safely hauling solid waste or recyclable materials in a safe and sanitary manner so that such matter will not spill; and

3. Certification of Recycling Service Form. Self-haulers that are commercial businesses or multifamily residences must submit a certification of recycling service form to the Director or designee for review for compliance if they do not also subscribe to separate collection service for source-separated recyclable materials or source-separated organic waste collection by a collector, as specified in the WMA ORRO 2021-02. Self-haulers shall submit a new certification of recycling service form to the Director or their designee for compliance review every five (5) years;

4. Other. Any additional documentation reasonably requested by the Director.

D. Permit Terms and Fees. A permit to self-haul shall be valid for one (1) calendar year from its issuance. All self-haul permits may be renewed annually. Applicants for a self-haul permit must pay an annual fee in an amount established by resolution of the City Council.

E. Permit Denial or Revocation. Generators must continue to subscribe to mandatory collection service while applications for self-haul permits are pending. Generators must immediately resubscribe to mandatory collection service if the generator receives notice of a permit revocation. The Director may deny or revoke a self-haul permit or permit application for any of the following reasons:

1. The generator has not provided documentation required under subsection B of this section; or

2. The generator received a permit but has not submitted a new certification of recycling service form as required every five (5) years by subsection (C)(3) of this section; or

3. The generator received a permit but has not submitted quarterly disposal receipts as required by subsection F of this section; or

4. Any other violation of this chapter.

An applicant whose application for a self-haul permit has been denied or revoked may appeal that decision pursuant to Section 5.32.280.

F. Quarterly Disposal Receipts. Generators with self-haul permits must submit the following documentation to the Director at least quarterly:

1. Disposal Documentation. Dated receipts, invoices, or other documentation satisfactory to the Director evidencing that the generator legally disposed of its solid waste or source-separated recyclable materials at a facility permitted under law and in accordance with this chapter, at least weekly, including the following:

a. Generator’s name and address;

b. Dates of disposal;

c. Name of disposal facility or facilities and delivery receipts and weight tickets from the entity accepting the material; and

d. Tonnage of disposed solid waste, organic materials, and/or source-separated recyclable materials by facility.

e. If source-separated organic waste 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 records of the entities that received the discarded materials.

2. Other. Any other additional or different documentation requested by the Director. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-301))

Article IV. Recycling

5.32.160 Source separation.

Waste generators shall source separate recyclable materials and organic waste from solid waste for conveyance to duly permitted recycling or processing facilities. Source-separated recyclable materials and source-separated organic waste must be stored in individual containers provided by the collector and must be collected by the collector or transported by the waste generator with sufficient frequency so as not to create a health hazard, public nuisance or fire hazard. Putrescible solid waste and nonputrescible solid waste tainted by putrescible solid waste shall be presumed to be inappropriate for recycling, except where intended for use and source separated for use as tallow. Nothing in this section is intended to modify, restrict or eliminate any other obligations, restrictions, limitations or conditions imposed upon or applicable to any waste generator, other person, use, or location. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-400))

5.32.220 Recycling transporter—Permit—Expiration.

Each recycling transporter permit issued under this chapter shall expire on the December 31st of the year in which issued. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-406))

5.32.240 Recycling facility—Permit required—Application.

No person shall operate a recycling facility unless a recycling facility permit in writing has been issued for such facility by the Director. The application for a recycling facility permit must be made under oath and in writing, signed by the applicant and show the following:

A. The name, address and telephone number of the applicant and the facility, if different;

B. The type or types of material to be recycled;

C. The source or sources from which such material is to be obtained;

D. The manner of transportation of such material from the waste generator to the recycling facility;

E. A statement that the applicant will not attempt to assign such permit, and that the applicant agrees to comply with all requirements of this chapter, now in force or as hereafter amended;

F. A statement that no putrescible solid waste will be accepted or received by the recycling facility; provided, that tallow users need not comply with this subsection; and

G. A statement that, if any of the information in the application changes in any material respect, the applicant will notify the Director in writing of the change or changes and will file a new application if required by the Director. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-408))

5.32.250 Recycling facility—Permit application—Filing.

The application for a recycling facility permit shall be filed with the Director and shall be accompanied by a nonrefundable application fee to be established by resolution of the City Council. The Director shall make an inspection of the recycling facility described in the application. If the Director finds that the application is consistent with the intent and purposes of this chapter, the Director shall issue a permit to such applicant for the recycling facility. If the application is denied, the Director shall inform the applicant in a dated writing which shall be mailed to the applicant’s address shown on the application. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-409))

5.32.260 Recycling facility—Permit—Display—Expiration.

The Director shall issue one (1) recycling facility permit for each application granted showing the number of the permit, the year in which it was issued, and the address of the facility. At the discretion of the Director, the permit shall be displayed in a conspicuous place, designated by the Director, in the facility. However, if it is not displayed, a responsible representative of the operator must have possession of the permit and be capable of presenting it within a reasonable period of time. The recycling facility permit shall expire on the December 31st following the date it was issued. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-410))

5.32.270 Recycling facility—Permit—Revocation.

Each recycling facility permit shall be subject to revocation after notice and hearing, pursuant to Article VI of this chapter, for failure to comply with the requirements of this chapter or with the conditions of such permit. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-411))

5.32.280 Appeals procedure.

Any applicant for a permit under this article and any person who is aggrieved by the Director’s action on the application may have the action reviewed by the City Council, pursuant to Section 3.16.100. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-412))

5.32.282 Recycling facility and recycling transporter—Reporting required.

The Director may require the regular submittal of operational data throughout the term of the permit as defined in Section 5.32.220 or 5.32.260 for purposes of compliance with Public Resources Code Section 40000 et seq. or other applicable state laws. Submittal of the information may be required on a quarterly basis. Failure to submit the information may be cause for revocation pursuant to Section 5.32.270. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 4-90 § 3: Ord. 2-86 (part))

5.32.284 Inclusion of identification on container.

Solid waste, source-separated recyclable materials, and source-separated organic waste shall be stored in a container provided by the collector, as specified in the franchise agreement between the collector and the city of Dublin. The container shall be the size and design specified in the franchise agreement pursuant to Section 5.32.060. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 4-90 § 4: Ord. 2-86 (part))

5.32.286 Ownership of source-separated materials.

All source-separated recyclable materials and source-separated organic waste shall become the property of the collector who has provided the container, upon deposit in the container. It shall be unlawful for any person other than the owner of the container to remove source-separated recyclable materials or source-separated organic waste from an approved container, when placed for collection, without the express permission of the container owner. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 4-90 § 5: Ord. 2-86 (part))

Article V. Enforcement

5.32.290 Necessity.

The enforcement of this chapter is essential to the public health, safety and well-being. The importance of the policies which the chapter seeks to effectuate makes necessary a range of flexible enforcement mechanisms. The remedies provided in this article shall be available without prior recourse, if applicable, to the permit revocation procedures provided in Article VI of this chapter. Each of the remedies provided in this article shall be available in accordance with the terms of its respective section without regard for the availability, potential availability, or use of another remedy or of permit revocation. The Director and the Alameda County Health Officer may utilize other remedies not set forth in this article. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-500))

5.32.300 Administrative officer designated.

The Director or the Alameda County Health Officer shall enforce and administer all provisions of this chapter falling under their respective jurisdictions, and for such purpose each shall have the powers of peace officer. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-501))

5.32.310 Authority to implement civil remedies.

The Director or the Alameda County Health Officer is authorized to seek civil injunctive relief in any court of competent jurisdiction against any violation or threatened violation of this chapter. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-502))

5.32.320 Loss of revenue—Civil remedies.

To the extent that any violation of this chapter has resulted in any loss of revenues to the discarded materials management system, the city may sue in any court of competent jurisdiction to recover said revenues. “Loss of revenues” means and includes the loss of the contribution of revenues to the regulated rate structure of the franchised solid waste collector. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-503))

5.32.330 Inspections.

The Director is authorized to make such inspections and to take such actions as may be required to enforce the provisions of this chapter. Specifically, the collector, as well as any recycling transporter or the operator of any solid waste disposal facility, processing facility, or recycling facility, must, upon demand by the Director, permit such inspection of records, operations, facilities or other matters as may be necessary to ensure compliance with this chapter. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-504))

5.32.340 Right of entry.

A. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Director has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the Director may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the Director by this chapter; provided, that (1) if such building or premises be occupied, he shall first present proper credentials and demand entry; and (2) if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is denied, or if the owner or individual in charge of the premises cannot be located, the Director shall have recourse to every remedy provided by law to secure entry, including but not limited to the provisions of Code of Civil Procedure Section 1822.50 et seq.

B. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or refuse, after proper demand made as herein provided, promptly to permit entry therein by the Director for the purpose of inspection and examination pursuant to this chapter. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 9-91 § 3; Ord. 2-86 § 2 (5-505))

5.32.350 Nuisance—Civil remedies.

The violation of any of the provisions of this chapter shall also be deemed a nuisance, and a civil action may be brought to abate, enjoin or otherwise compel the cessation of such nuisance. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-506))

5.32.360 Violation—Penalty.

Any person who shall violate any of the provisions of Section 5.32.050, Sections 5.32.130 and 5.32.150, Section 5.32.160 or 5.32.240 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) for each violation, or by imprisonment in the County Jail for not more than six (6) months, or both. Any person who shall violate any of the provisions of Section 5.32.060, 5.32.070, 5.32.080 or 5.32.286 shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Government Code Section 36900. The Director and/or Alameda County Health Officer are designated as the enforcement authority for the enforcement of those provisions which are designated as infractions. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 4-90 § 6)

5.32.365 Unauthorized containers.

A. No Unauthorized Containers. Except as expressly authorized by this chapter, no person other than a franchisee may place a container within the city for collection of discarded materials.

B. Notice—Violation. The city shall notify, in writing, any person who violates this section that the prompt and permanent removal of the container from the premises is required. Notice should be delivered by prominently posting on the container. The notice shall state the time within which the container must be removed, which time shall be not less than twenty-four (24) hours and not more than seventy-two (72) hours after posting of the notice. If the container is identified with the name and telephone number of the solid waste or recycling enterprise, the city shall also attempt to contact the enterprise by phone. Failure to notify the owner telephonically shall not invalidate the posted notice. Once the city posts a written notice of violation on the unauthorized container, the customer using the unauthorized container shall immediately cease placing solid waste or recyclable materials in it.

C. Remedies. The city may impound or cause to be impounded any such container if it is not permanently removed from the premises within the time set forth in the notice.

A person who violates this section is liable to the city for all fines and charges levied in connection with the collection, transportation, storage and handling of the container by the city. The container’s owner or his or her representative shall retrieve the container immediately after all applicable fines and charges have been paid. The Director, or his or her designee, has the authority to impound unauthorized containers and to collect the fines and charges levied by the city. If the unauthorized container is not retrieved by the hauler within fourteen (14) days of being impounded, it shall become the property of the city.

D. Enforcement. Violation of this section shall constitute an infraction punishable by a fine not to exceed one hundred dollars ($100) for the first violation, a fine not to exceed two hundred dollars ($200) for the second violation within one (1) year, and a fine not to exceed five hundred dollars ($500) for each additional violation within one (1) year. There shall be a separate infraction for each day on which a violation occurs. The city shall recover costs and attorney’s fees incurred in connection with enforcement of this chapter. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 17-14 § 3)

Article VI. Procedures for Revocation of Permits

5.32.370 Failure to furnish requested information.

The Director may at any time require any person to whom a permit has been granted under this chapter to furnish the Director with the plans and a report of operations conducted by such permittee. If the holder of such permit willfully fails and refuses to furnish such plans and report of operations to the Director within a reasonable time after such demand, the Director may request the City Council to hold a public hearing to determine whether such permit shall be revoked. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-600))

5.32.380 Failure to comply.

The Director may at any time request the City Council to revoke a permit issued pursuant to the provisions of this chapter for the failure of the holder thereof to comply with requirements of this chapter or with the conditions of such permit. The request shall contain a written statement which shall set forth in concise language the acts or omissions with which the holder is charged, specifying the specific sections of this chapter or the specific conditions of the permit which the holder thereof is alleged to have violated. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-601))

5.32.390 Hearing—Notice required.

Within thirty (30) days after the receipt of the request from the Director, the City Council shall hold such hearing and shall give notice of the date, time and place of such hearing to the holder of the permit to the Director, and to such other persons as the City Council deems should be notified, not later than ten (10) days before the date of the public hearing. Such notice shall include the written statement of the Director prepared pursuant to Section 5.32.380. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-602))

5.32.400 Notice of hearing—Service.

The notice required under Section 5.32.390 shall be served personally, or by first class mail, postage prepaid, addressed to the holder of the permit at the address shown on the application, and shall be deemed given when so deposited in the mail or served personally. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-603))

5.32.410 Action by City Council.

Failure of the holder of the permit to appear at the hearing, after having been notified, may be deemed an admission of the act or omission charged in the notice, and in the event of such failure to appear, the City Council may revoke the permit without further evidence than that which served as the basis for the notice. After the hearing is concluded, the Council shall, within twenty-one (21) days, render its decision revoking such permit or dismissing the charges, with a brief statement of its reasons therefor. (Ord. 9-21 § 5 (Exh. C); Ord. 16-19 § 1 (part), 2019: Ord. 2-86 § 2 (5-604))