Chapter 8.32 WASTE AND RECYCLING COLLECTION

B. “Automated container” shall mean a container owned by the city, made of commercially manufactured plastic, steel, or other appropriate material, designed to be lifted, dumped, and returned by city solid waste collection vehicles. Automated containers may be described as: automated cans, cans, containers, dumpsters, roll-off or compactor containers.

C. “Biohazardous waste” shall have the same meaning as in California Health and Safety Code Section 117690(b)(1).

D. “Bulky waste program” shall mean a city program designed to provide collection of bulky items that will not fit into a residential container. This may include, but is not limited to, appliances, lumber, and toys. An appointment is required.

E. “Commercial business” shall mean a firm, partnership, proprietorship, joint stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling. A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

F. “Commercial edible food generator” shall mean and include tier one commercial edible food generators and tier two commercial edible food generators.

G. “Community composting” shall mean any activity that composts green material, agricultural material, food material, or vegetative food material, alone or in combination, so long as the total amount of feedstock and compost on site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet.

H. “Compost” shall mean the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

I. “Construction and demolition waste” shall mean used or discarded materials resulting from construction, renovation, 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, renovation, remodeling, repair, or demolition operations.

J. “Curbside recycling” shall mean the placement of recyclables in a city-supplied container for collection by the city.

K. “Department” shall mean the city of Folsom public works department.

L. “Director” shall mean the city of Folsom public works director or his/her designee unless otherwise stated or indicated by context.

M. “Division” shall mean the solid waste division of the department.

N. “Edible food” shall mean food intended for human consumption. For the purposes of this chapter edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

O. “Food recovery organization” shall mean 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, 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.

P. “Food recovery service” shall mean 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.

Q. “Food service provider” shall mean 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.

R. “Food waste” shall mean 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.

S. “Garbage” shall mean discarded solid materials resulting from residential activities, industrial and commercial operations. Garbage does not include useful commercial or industrial by-products, recyclable materials, organic waste, construction and demolition waste, inert waste, medical waste, hazardous waste, or biohazardous waste.

T. “Green waste” shall mean noncontaminated material composed of organic matter or plant matter which is the result of seasonal variations or landscape and gardening activities. Green waste includes, without limitation, grass clippings, shrubbery, leaves, tree trimmings, branches, flowers, plant stalks, untreated wood, Christmas trees and other plant material. Green waste does not include human waste, animal waste or manure.

U. “Grocery store” shall mean a store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, fresh meats, fish, and poultry, and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.

V. “Hazardous waste” shall mean those wastes resulting from products purchased by the general public for use which, because of the quantity, concentration, or physical, chemical or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed or otherwise managed. Hazardous waste includes household hazardous waste.

W. “High diversion organic waste processing facility” shall mean a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022, and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5).

X. “Household hazardous waste” shall mean those hazardous waste materials discarded, typically in small quantities, by households (as opposed to large quantities disposed by businesses). Typical household hazardous waste includes used motor oil and oil filters, antifreeze and other vehicle fluids, paints and varnish, pesticides, electronic waste and cleaning supplies. Household hazardous waste does not include waste generated in the course of operating a business concern at a residence.

Y. “Illegal dumping” shall mean to throw or place, or direct another person to throw or place, other than in receptacles provided therefor, upon the private land or waters of another person without the permission of the owner, or upon public lands or waters, or upon any public place, any solid waste, rubbish, trash, garbage, debris, recyclable material, organic waste, or hazardous waste.

Z. “Inert waste” shall mean waste materials that do not react in the environment including but not limited to rock, concrete, brick, sand, soil, ceramics, and cured asphalt. “Inert waste” does not include any waste that meets the definition of “designated waste,” as defined in Water Code Section 13173, or hazardous waste.

AA. “Large event” shall mean 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 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.

BB. “Large venue” shall mean a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.

CC. “Medical waste” shall mean waste which is generated or produced as a result of any of the following actions: diagnosis, treatment, immunization, or care of humans or animals, the production or testing of biologicals, sharps waste, waste generated in autopsy, necropsy, or preparation of a body for final disposition such as cremation or interment, research pertaining to any of the above, and waste generated in the cleanup of trauma scenes.

DD. “Multifamily dwelling” shall mean of, from, or pertaining to residential premises with five or more dwelling units. Multifamily dwellings does not include hotels, motels, nursing homes or other congregate care or institutional facilities, which are considered commercial businesses.

EE. “Organic waste” shall mean solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to food waste, green waste, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.

FF. “Organic waste generator” shall mean a person or entity that is responsible for the initial creation of organic waste.

GG. “Organic waste processing facility” shall mean any facility selected by the city’s collector that is designed, approved by the city, or specifically designated by the city, operated, and legally permitted for the purpose of receiving and processing organic waste.

HH. “Person” shall mean an individual, trust, firm, joint stock company, commercial business concern, partnership, association, limited liability company, corporation, and public entity.

II. “Private driveway” shall mean a private roadway owned by a private person, business, association or other private entity.

JJ. “Premises” shall mean a specific lot or area of real property served by the city or any such lot or area in general. “Premises” includes permanent and transient human dwellings and places of accommodation, commerce, or recreation.

KK. “Prohibited container contaminants” shall mean:

1. Discarded materials placed in the designated recycling container that are not acceptable source separated recyclables for the city’s designated recycling container.

2. Discarded materials placed in the designated organic waste container that are not acceptable source separated organic waste for the city’s designated organic waste container.

3. Discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic waste.

4. Discarded materials placed in any container in violation of Section 8.32.090.

5. Acceptable materials for each container are identified and updated regularly on the division website or as printed on a city container. They may also be found on printed material including, but not limited to, flyers, customer service notices, and container labels.

LL. “Putrescible” shall mean to rot; subject to decomposition by microorganisms.

MM. “Recyclables” shall mean recyclable material including, but not limited to: newspaper, magazines, mixed paper, plastic bottles, cardboard, glass bottles, aluminum and steel cans and other materials published on the division website, on the container or printed materials as acceptable in designated recycling containers.

NN. “Rendering bin” is a closed leakproof containment for uncontaminated fats, oils and grease from the food preparation process that can be used as a source of material that is free of impurities and can be recycled into products.

OO. “Refuse” shall mean and include any of the following:

1. Garbage, waste, or rubbish.

2. Unused or discarded collections of materials, including but not limited to treated or painted wood, bedding, crockery, tires or construction debris.

PP. “Residential” shall mean any premises in the city, whether or not owner-occupied, designed for people to live in.

QQ. “Rubbish” shall mean nonputrescible solid waste consisting of combustible and noncombustible waste, such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind.

RR. “SB 1383” shall mean the Short-Lived Climate Pollutant Reduction Strategy known as Senate Bill 1383 which establishes the regulatory requirements for jurisdictions, generators, haulers, solid waste facilities, and other entities to achieve the organic waste disposal reduction targets codified in Section 39730.6 of the Health and Safety Code and Chapter 13.1 of Division 30 of the Public Resource Code.

SS. “Self-hauler” shall mean a generator that collects solid waste at their premises or place of business for the purpose of hauling those materials in their own vehicles to a permitted solid waste facility in compliance with the requirements of this chapter.

TT. “Sharps” shall mean any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, all of the following:

1. Hypodermic needles, hypodermic needles with syringes, blades, needles with attached tubing, syringes contained with biohazardous waste, acupuncture needles, and root canal files.

2. Broken glass items, such as Pasteur pipettes and blood vials contaminated with biohazardous waste.

3. Any item capable of cutting or piercing that is contaminated with trauma scene waste.

4. Pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications.

UU. “Source separated” means materials, including but not limited to commingled recyclables, that have been separated or kept separate from the mixed solid waste stream, at the point of generation, for the purpose of additional sorting or processing 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.

VV. “Solid waste” shall mean all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, organics, recyclables, refuse, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded waste (whether of solid or semisolid consistency); provided, that such wastes do not contain wastes which must be managed as hazardous wastes, or wastes which contain soluble pollutants in concentrations which exceed applicable water quality objectives, or could cause degradation of waters of the state.

WW. “Tier one commercial edible food generator” shall mean a commercial edible food generator that is one of the following:

1. Supermarkets with gross annual sales of two million dollars or more.

2. Grocery store with a total facility size equal to or greater than ten thousand square feet.

3. Food service provider.

4. Wholesale food vendor.

5. Food distributor.

XX. “Tier two commercial edible food generator” shall mean a commercial edible food generator that is one of the following:

1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

2. Hotel with an on-site food facility and two hundred or more rooms.

3. Health facility with an on-site food facility and one hundred or more beds.

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

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

YY. “Universal waste” shall have the same meaning as in Section 66261.9 of Title 22, California Code of Regulations, as may be amended.

ZZ. “Venue facility” shall mean 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. (Ord. 1320 § 2, 2021)

8.32.010 City responsibility.

The city, its duly authorized agents, servants, or employees, shall have the exclusive right to gather, collect, recycle, or dispose of all solid waste within the city. (Ord. 1320 § 2, 2021)

8.32.020 Permission required.

A. No person may collect, gather, recycle, or dispose of solid waste within the city without permission of the city council.

B. All residential dwellings and commercial businesses shall subscribe with the city’s waste hauling services for garbage and recycling, and the city or a city-approved hauling service for organic waste. Commercial businesses that meet the self-hauler requirements in Section 8.32.045 may self-haul recycling and organics in lieu of subscribing with the city for those services.

C. If recyclables and/or organic waste are hauled by another entity, the city may inspect records, pursuant to Section 1.09.025, to verify that the services are not being provided for a net cost. (Ord. 1320 § 2, 2021)

8.32.030 Burning, burying, on-site private disposal prohibited—Compost exception.

No person shall burn, bury, or otherwise dispose of or process solid waste on any premises in the city except for composting of organic wastes in a compost process as specified in the division’s Regional Recycling Backyard Composting Guide or Commercial Composting and Mulching Operations Site Evaluation Criteria and Conditions for Approval. (Ord. 1320 § 2, 2021)

8.32.040 Private removal requirements.

This chapter shall not be construed as prohibiting the owner or tenant of any premises in the city from carrying away any such solid waste, on an infrequent or occasional basis in order to reduce the amount to be taken away by the city or its duly authorized agents, but no person shall be authorized by this section to carry away such solid waste if such person receives the benefits of the use of any such solid waste for feed for poultry, hogs, or other livestock unless such person receives permission from the director. All solid waste removal by an owner or tenant of any premises is subject to the self-haul requirements of Section 8.32.045. This section shall not be construed as relieving any person from paying the regular solid waste fees. (Ord. 1320 § 2, 2021)

8.32.045 Self-hauler requirements.

A. Self-haulers shall source separate all recyclable materials and organic waste generated on site from other solid waste or shall haul all collected wastes to a high diversion waste processing facility which also processes organic waste.

B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials.

C. Self-haulers shall haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul their source separated organic waste to a high diversion organic waste processing facility.

D. Self-haulers that are commercial businesses shall keep for a minimum of five years a record of the amount of organic waste delivered to each high diversion organic waste processing facility or other solid waste facility, operation, activity, or property that properly processes or recovers organic waste. This record shall be subject to inspection upon request of the city as specified by SB 1383, at least every five years. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste including the date and identifying information about the facility.

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

If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste. (Ord. 1320 § 2, 2021)

8.32.050 Placing in containers—Generally.

The person responsible for any premises in the city shall gather the solid waste and put it into the appropriate container for that premises. (Ord. 1320 § 2, 2021)

8.32.080 Residential containerization.

All garbage, recyclables and organic waste shall be containerized as follows:

A. Garbage shall be placed in the standard plastic gray garbage containers provided by the city.

B. Organic waste shall be placed in standard plastic green containers provided by the city or its authorized agent (black containers in service as of January 1, 2022, may continue to be used for organic waste until January 1, 2036).

1. Green waste shall not exceed four inches in diameter and shall not protrude above the lid of the container. Green waste shall be loosely placed in the container.

2. Food waste shall be contained in compostable bags.

C. Recyclables shall be placed loosely (not in bags) in the standard plastic blue container provided by the city.

D. All items shall be containerized with the lid completely closed for automated container services. Material shall not be packed tightly in the containers and must fall freely when the can is tipped.

E. Items not contained within automated cans will not be collected, except by appointment through the bulky waste program as defined under Section 8.32.250.

F. Residential containers shall not exceed ninety-six gallons and shall have a total weight limit of two hundred pounds per container. (Ord. 1320 § 2, 2021)

8.32.090 Residential/commercial prohibited materials.

A. Unless otherwise permitted by written contract with the city, the following materials will not be collected in any city-provided container:

1. Dirt, rocks, sod, asphalt, brick, concrete, large metal objects, tile, landscaping bark, furniture;

2. Construction and demolition debris;

3. Appliances, tires, tree stumps;

4. Oversized or excess waste that prevents the lid from closing or material from falling freely from the container during normal service procedures.

B. The following materials will not be collected in any city-provided container:

1. Liquids, hot ashes, coal;

2. Flammables;

3. Live ammunition;

4. Household hazardous waste;

5. Hazardous waste.

C. No person shall place in any city container any wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed; any explosive substance, poison, hazardous chemical, offal, or fecal matter.

D. Disposal of medical or biohazardous waste shall be performed through a licensed collection and disposal company, which complies with all applicable laws and regulations, including, but not limited to, California Health and Safety Code Sections 117600 through 118360. (Ord. 1320 § 2, 2021)

8.32.100 Residential container location and holiday requirements.

A. Residences Having Street Frontage Only. Residential containers for garbage, recycling and organic waste shall be placed for collection at the street curb or edge of road right-of-way by 6:00 a.m. on scheduled collection day, holidays included, and removed from the street and screened from public view by 6:00 a.m. of the following day. The wheels of the containers must be placed in the gutter with the handle facing the residence. Containers must be at least three feet from any obstruction such as automobiles, trailers, motor homes, fences, lampposts, portable basketball hoops, mailboxes, or other automated containers. Containers shall not block pedestrian access.

B. Residences with Alley Access. Residential containers for garbage, recycling and organic waste shall be placed for collection adjacent to the alley property line, with direct access from the alley, by 6:00 a.m. on scheduled collection day, holidays included. The base of the container must be placed on a stable, level surface with the handle facing the residence. Containers must be at least three feet from any obstructions such as automobiles, trailers, motor homes, fences, portable basketball hoops, lampposts, mailboxes, or other automated containers.

C. Residences with Private Driveways. Residential containers for garbage, recycling and organic waste shall be placed for collection at the nearest public road right-of-way by 6:00 a.m. on scheduled collection days, holidays included, and removed from the right-of-way and screened from public view by 6:00 a.m. of the following day. The container must be placed on a level surface with the handle facing the shoulder of the road. Containers must be at least three feet from any obstructions such as automobiles, trailers, motor homes, fences, portable basketball hoops, lampposts, mailboxes, or other automated containers. Containers shall not block pedestrian access.

D. Collection trucks may come back for garbage, recycling, and organic waste put out after the truck has passed a residence upon request, subject to payment of an extra pickup service charge.

E. For purposes of this section, “screened” means blocked from public view from the street or public right-of-way with a permanent fence, enclosure, landscaping, or other comparable facility as approved by the director. (Ord. 1320 § 2, 2021)

8.32.101 Service to below-ground containers prohibited.

City personnel shall not service containers stored below the surface of the ground. (Ord. 1320 § 2, 2021)

8.32.110 Location requirements.

The City shall not collect solid waste from above the first floor of any premises, nor from the basement of any premises. City shall not collect solid waste when containers are not placed at a position and in a manner that allows for collection. (Ord. 1320 § 2, 2021)

8.32.111 Fees for automated solid waste containers.

A. Fee Established. Each dwelling unit to be serviced by city-owned automated container collection shall pay a fee equal to the then cost of providing the containers. The fee shall be adjusted on July 1st of each fiscal year by the director to reflect the most recent cost per container actually purchased by the city, plus the cost of labor and equipment necessary to deliver the containers to the new dwelling.

B. Ownership. The city shall retain ownership of all city provided containers. Persons owning or renting property served by such containers are responsible for the security of the containers. In the event of fire, theft, or other damage or disappearance of a container from the property, a replacement container shall be obtained from the city upon payment of the established fees. Persons owning or renting property served by such containers shall, upon vacating the premises, leave the primary containers for the next occupant in a secure location upon the premises. Persons who have ordered an extra container shall, upon vacating the premises, contact the city to have the extra container removed. Persons owning or renting property served by such containers are responsible for the appearance and cleanliness of the container.

C. Replacement Containers. A replacement container may be obtained upon payment of the fee established by city council. Replacement of a container no longer usable due to normal wear shall not be subject to a replacement fee. (Ord. 1320 § 2, 2021)

8.32.115 Commercial business containerization.

All garbage, recyclables and organic waste shall be containerized as follows:

A. Garbage shall be placed in the standard gray garbage containers provided by the city.

B. Organic waste shall be placed in standard green or brown containers (or containers with a green, yellow, or brown lid) provided by the city or a city-approved hauler.

C. Recyclables shall be placed in the standard blue container or containers with a blue lid provided by the city (white containers in service as of January 1, 2022, may continue to be used for recyclables until January 1, 2036). (Ord. 1320 § 2, 2021)

8.32.120 Container/dumpster enclosure—Business location.

A. Solid waste containers/dumpster enclosures at places of business shall be located in such place as shall be convenient to the division and must be approved by the director. City-approved solid waste enclosures are to be used for solid waste removal containers only unless approved in advance by the director. Storage of other equipment or material is prohibited. Enclosure maintenance is the responsibility of the landlord, property owner, property manager, or management company. Enclosures shall be maintained in working order and floors shall be free of debris. The property owner shall be liable for damage to or spills from any other equipment stored in the solid waste enclosure.

B. All items shall be containerized with the lid completely closed for automated container services. Material shall not be packed tightly in the containers and must fall freely when the container is tipped.

C. Items not contained within automated containers will not be collected, except by appointment.

D. Commercial containers shall not exceed a weight limit of one thousand eight hundred pounds per container.

E. New commercial business properties shall provide enclosure space for garbage, recyclable, and organic waste containers, including rendering bins as applicable, for the use of the property. Should the use of an existing commercial business property change to require a rendering bin, the business served by the rendering bin shall be responsible for ensuring that the rendering bin is stored in a secure location that does not impede waste collection services. (Ord. 1320 § 2, 2021)

8.32.125 Commercial containers required, placement, appearance and labeling.

Customers that are commercial businesses shall:

A. Supply and allow access to an adequate number, size and location of containers with sufficient labels and colors (conforming with requirements in Section 8.32.115) for employees, contractors, tenants, and customers, consistent with the collection services or, if self-hauling, per the commercial business’s instructions to support compliance with its self-haul program, in accordance with Section 8.32.045.

B. Excluding multifamily dwellings, provide containers for the collection of source separated organic waste materials and source separated recyclable materials in all indoor and outdoor areas where disposal containers for materials generated by that business are provided for customers. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in areas where disposal containers are provided for customers. The containers provided by the business shall have:

1. A body or lid that conforms to the color requirements specified in Section 8.32.115.

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.

3. Notwithstanding subsection (B)(1) of this section, a commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of subsection (B)(1) of this section before the end of the useful life of those containers, or before January 1, 2036, whichever occurs first. (Ord. 1320 § 2, 2021)

8.32.130 Special solid waste service.

A. Container Service. The tenant, occupant, owner, or lessee of any premises in the city may temporarily obtain additional city automated container(s) for the purpose of disposing of garbage or source separated solid waste. The person requesting this special trash service is responsible to pay for the service in accordance with a fee set by the city council. The city will be responsible for delivery and pickup of the automated container to and from the premises of the person requesting service.

B. Container/Roll-Off Service. The tenant, occupant, owner, or lessee of any premises in the city may temporarily obtain a city dumpster or roll-off container, in addition to standard services, for the purpose of disposing of garbage or source separated solid waste. The person requesting this special trash service is responsible to pay for the service in accordance with a fee set by the city council. The city will be responsible for delivery and pickup of the dumpster or roll-off container to and from the premises of the person requesting service.

C. Collection of Household Hazardous Waste (HHW). The tenant, occupant, owner or lessee of any residential premises in the city may request special collection of household hazardous waste through appointment with the division. Commercial businesses may request special collection of universal wastes through appointment with the division.

D. Disposal of Medical and Biohazardous Waste. The tenant, occupant, owner, or lessee of any premises in the city shall not dispose of any medical or biohazardous waste in a city-owned collection container. Disposal of medical or biohazardous waste shall be performed through a licensed collection and disposal company, which complies with all applicable laws and regulations, including, but not limited to, California Health and Safety Code Sections 117600 through 118360. (Ord. 1320 § 2, 2021)

8.32.135 Collection charges—Established by city council.

All charges for solid waste collection shall be established or modified by resolution of the city council. The director shall, with the approval of the city manager, recommend changes in the collection charges when appropriate. (Ord. 1320 § 2, 2021)

8.32.140 Charges for collection and compliance administration.

A. Residential.

1. A property owner of each and every dwelling, house, or residence shall be responsible for paying to the city a fixed minimum solid waste fee based upon current established solid waste rates which shall be set by the city council. Such fee, based upon service of one collection per week for garbage and organic waste, and one collection every other week for recyclables, applies and is payable without consideration of whether there is any garbage, recyclables, or organic waste to remove from the premises.

2. Reserved.

3. For collection of additional containers beyond those covered by the fixed minimum charges established in this chapter, the collection charge shall be set by resolution of the city council for each additional garbage, recyclable, or organic waste container.

4. An additional or special pickup may be requested beyond the minimum service required by this chapter. Each such additional or special pickup shall be subject to a fixed fee. The fixed fee for additional or special pickups shall be set by resolution of the city council.

B. Commercial.

1. A property owner of each and every commercial business shall be responsible for paying to the city a fixed minimum charge as set forth by the city council as a solid waste fee. Such fixed minimum charge is based upon service of one collection per week, without consideration of whether there is any solid waste to remove from the premises.

A landlord, property owner, property manager, or management company with multiple tenants who must share a commercial container shall be responsible for the solid waste utility bill of the tenants and compliance with SB 1383.

2. Commercial Container, Roll-Off, and Additional Services. The director may approve the placing of solid waste in containers other than automated cans such as roll-off containers. The fixed fee and additional service charges will be set by resolution of the city council. Such charge shall include all costs to the city, including, but not limited to, labor, equipment operation, maintenance and depreciation, administrative overhead, recycling, landfill closure and landfill operation costs. Standard commercial charges for commercial containers and roll-off containers may be established by the director subject to the approval of the city council.

3. An additional or special pickup may be requested beyond the minimum service required by this chapter. Each such additional or special pickup shall be subject to a fixed fee. The fixed fee for additional or special pickups shall be set by resolution of the city council.

4. Commercial customers are also charged a monthly recycling compliance fee, as established by the city council, for the administration of state-mandated recycling programs. The monthly recycling compliance fee is waived if the commercial customer subscribes to city recycling collection service.

C. Adjustment of Bills for Billing Error.

1. Where the city overcharges or undercharges a customer’s solid waste bill as the result of a billing error, the city may render an adjusted bill for the amount of the undercharge, without interest, and shall issue a refund or credit to the customer for the amount of the overcharge, without interest, computed back to the date that the city determines the billing error commenced, except that the period of adjustment shall not exceed one year for a refund and six months for an undercharge. (Ord. 1345 § 4, 2024; Ord. 1320 § 2, 2021)

8.32.150 Fees and charges—Due date.

Solid waste service fees and charges are due and payable as described in Section 3.20.070. (Ord. 1320 § 2, 2021)

8.32.160 Charges—Collection authority.

The city finance department shall collect all charges and fees with the assistance of the city attorney as necessary or appropriate. (Ord. 1320 § 2, 2021)

8.32.170 Charges—Nonpayment—Violation.

The nonpayment by any person of the solid waste fee after notice given by the city finance department by bill rendered to such person, or left on the premises, is a violation of this chapter. (Ord. 1320 § 2, 2021)

8.32.180 Charges—Nonpayment—Discontinuance.

The city shall have the right in addition to any other remedies to discontinue solid waste service for nonpayment of solid waste fees or charges. (Ord. 1320 § 2, 2021)

8.32.185 Charges—Contamination in containers.

The city shall establish fees or charges for contamination found in containers pursuant to Section 8.32.230. Fees or charges shall be established by resolution of the city council. (Ord. 1320 § 2, 2021)

8.32.190 Accumulation prohibited.

No person shall permit solid waste to accumulate upon the premises owned, occupied or managed by such person. (Ord. 1320 § 2, 2021)

8.32.191 Sufficient service required.

A. The person responsible for any premises or commercial business in the city shall accept solid waste collection service sufficient to remove garbage and organic waste generated by or accumulating weekly from the premises and recyclables generated by or accumulating every other week from the premises. The director may order additional service for any premises or commercial business where the department determines necessary, at the customer’s expense. If additional service is needed, a customer may use additional containers or select a larger-capacity container from the container choices available from the department. Commercial-route customers may also request container collection more frequently than once a week.

B. All residential customers shall:

1. Subscribe to the city’s organic waste collection services for all organic waste generated. The city shall have the right to review the number and size of a customer’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials; and customers shall adjust the number or size of containers for collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste (source reduction), managing organic waste on site (composting), and/or using a community composting site.

2. Participate in the city’s organic waste collection services by placing designated materials in designated containers.

3. Customers shall not place prohibited container contaminants in collection containers.

C. All customers that are commercial businesses shall:

1. Subscribe to the city’s collection services and comply with requirements of those services. The city shall have the right to review the number and size of a customer’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service; for proper separation and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city.

2. Participate in the city’s organic waste collection service(s) by placing designated materials in designated containers.

3. Customers shall not place prohibited container contaminants in collection containers.

4. If a commercial business wants to self-haul recycling or organic waste, it must meet the self-hauler requirements in Section 8.32.045.

5. Nothing in this section prohibits a customer from preventing or reducing waste generation (source reduction), managing organic waste on site (composting), or using a community composting site. (Ord. 1320 § 2, 2021)

8.32.192 Exclusive use of containers.

A. It is unlawful for any person to dump or place any material into or to utilize any solid waste container, bin, or dumpster without consent of the property owner or tenant in charge of the property.

B. It is unlawful for any person to enter into a solid waste container, whether or not a notice has been placed on such container. (Ord. 1320 § 2, 2021)

8.32.210 Scavenging of solid waste.

No person shall remove solid waste from residential containers or commercial containers that are designated for collection by the city or its authorized agent. (Ord. 1320 § 2, 2021)

8.32.220 Waivers.

A. Residential. In exceptional circumstances, a waiver may be granted to individual(s) from participating in residential curbside recycling and/or organics recycling, upon approval from the director in his/her sole discretion. The director may grant one or more of the following types of waivers to a residential generator of solid waste:

1. Reasonable Accommodation. The director may waive a property owner’s obligation to comply with the requirements of Section 8.32.191(B) if the property owner provides documentation, or the city has evidence from staff, or any medical professional, demonstrating that compliance with this chapter would act as a barrier to fair housing opportunities or health-related reasons prevent individual(s) from complying.

2. Physical Space Waiver. The director may waive the obligation to comply with the requirements of Section 8.32.191(B) if the property owner provides documentation, or the city has evidence from staff, licensed architect, or licensed engineer, demonstrating that the premises contain severe space constraints which prevent the placement of a recycling and/or organic container at the household.

B. Commercial. In exceptional circumstances, a waiver may be granted to a commercial business from participating in recycling and/or organics recycling, upon approval from the director in his/her sole discretion. The director may grant one or more of the following types of waivers to a commercial business that is a generator of solid waste:

1. De Minimis Waiver. The director may waive a commercial business’s obligation to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation or the city has evidence demonstrating that:

a. The commercial business’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in the designated recycling container or designated organic waste container comprises less than twenty gallons per week per applicable container of the business’s total waste; or

b. The commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in the designated recycling container or the designated organic waste container comprises less than ten gallons per week per applicable container of the business’s total waste.

c. Any commercial business granted a de minimis waiver shall notify the city if circumstances change such that the organic waste generated exceeds the threshold required for the waiver, in which case the waiver will be rescinded.

d. Any commercial business granted a de minimis waiver shall provide to the city written verification of eligibility for the de minimis waiver every five years.

2. Physical Space Waiver. The director may waive a commercial business’s obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a city approved hauler, licensed architect, or licensed engineer demonstrating that the premises contain severe space constraints which prevent the placement of the collection containers required for compliance with this chapter.

3. Waivers will not be granted for any commercial business that sells or produces food.

C. Any customer requesting a waiver shall make the request in writing on an application provided by the division.

D. Waivers are conditioned upon and subject to: (1) the requesting party continuing to reside at the location specified in the application; and (2) the circumstances justifying the waiver remaining unchanged. Customers who are granted a waiver must notify the director, in writing, of any change in the circumstances supporting the grant of waiver within thirty days of such change in circumstances.

E. Waivers may be revoked at any time at the discretion of the director. (Ord. 1320 § 2, 2021)

8.32.230 Contamination of containerized recyclables and organic waste—Contamination monitoring.

A. No person shall place nonrecyclable materials into automated containers, dumpsters, or roll-off containers that are designated for the collection of recyclables or organic waste.

B. To the extent practical through education, training, inspection, and/or other measures, commercial businesses shall prohibit employees from placing materials in a container not designated for those materials per the city’s collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Section 8.32.045.

C. Commercial businesses shall periodically inspect organic waste, recycling, and garbage containers for contamination and inform employees and agents, including but not limited to custodial vendors, if containers are contaminated and of the requirements to keep contaminants out of those containers.

D. Commercial businesses shall annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials.

E. Commercial businesses shall provide education information to new tenants before or within fourteen days of occupation of the premises. The education information provided shall describe requirements to keep source separated organic waste and source separated recyclable materials separate from garbage and the location of containers and the rules governing their use at each property.

F. Commercial businesses shall provide or arrange access for the city or its representative to their properties during all inspections conducted in accordance with Section 8.32.275 to confirm compliance with the requirements of this chapter.

G. Commercial businesses shall accommodate and cooperate with the collector’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator’s compliance. (Ord. 1320 § 2, 2021)

8.32.240 Replacement fee for damaged containers.

The director shall have the authority to assess the cost for the replacement of any containers that have been damaged or destroyed due to the customer’s negligence or misuse. (Ord. 1320 § 2, 2021)

8.32.250 Bulky waste program requirements.

Any and all materials deposited curbside for the purposes of participating in the bulky waste program must meet the following criteria:

A. All pickups must be secured by an appointment.

B. All piles must be no more than five cubic yards in size (seven feet by six feet by three feet).

C. All materials must be placed curbside, no earlier than one day prior to the scheduled pickup, and by 6:00 a.m. on the scheduled collection date.

D. Material must be placed at the edge of the street, not within the gutter area, not on a sidewalk, nor on private property.

E. The bulky waste program will only accept materials that consist of:

1. Green waste;

2. Lumber/wood;

3. Furniture/mattresses;

4. Lawn mowers (remove gas and oil);

5. Barbeques (remove propane tanks);

6. Metals;

7. Large appliances;

8. Tires.

Any materials placed curbside that do not meet the above requirements shall be considered illegal dumping and any person who commits such act(s) shall be subject to the penalties set forth in Section 8.34.040. (Ord. 1320 § 2, 2021)

8.32.260 Frequency of residential service change requests.

Residents will be allowed two service change requests after receiving the residential garbage, recycling, and organic waste cans at no charge for one year from implementation of the city’s organics recycling program applicable to all categories of service. New residents will be allowed one service change request after receiving initial residential garbage, recycling and organic waste cans at no charge for one year from the start date of their utility account applicable to all categories of service. Additional service change requests will be charged an administrative fee as set by resolution of the city council.

The categories of service change include:

A. Changing the size and number of garbage containers.

B. Changing the size and number of recycling containers.

C. Changing the size and number of organic waste containers. (Ord. 1320 § 2, 2021)

8.32.265 Requirements for commercial edible food generators.

A. Tier one commercial edible food generators shall comply with the requirements of this section commencing on January 1, 2022, and tier two commercial edible food generators shall comply commencing on January 1, 2024, or sooner.

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 on January 1, 2024, or sooner.

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 of.

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:

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. (Ord. 1320 § 2, 2021)

8.32.270 Requirements for edible food recovery organizations and services.

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:

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:

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 or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall 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 July 1st annually.

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 days unless a shorter time frame is otherwise specified by the city. (Ord. 1320 § 2, 2021)

8.32.275 Inspections and investigations.

A. The city’s representatives are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from customers, or source separated materials, to confirm compliance with this chapter by organic waste generators, commercial businesses, property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws.

1. This section does not allow the city to enter the interior of a private residential property for inspection.

2. For the purposes of inspecting commercial business containers for compliance with this chapter, the city may conduct container inspections for prohibited container contaminants using remote monitoring, which may involve installation of remote monitoring equipment on or in any collection container. Commercial businesses shall accommodate and cooperate with the remote monitoring.

B. Any regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s representative during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter.

C. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this section. (Ord. 1320 § 2, 2021)

8.32.280 Enforcement.

A. This chapter shall be enforced pursuant to the provisions of Chapters 1.08 through 1.10 and any other enforcement mechanism available to the city under the Folsom Municipal Code and/or applicable law.

B. Unless otherwise expressly provided in this chapter, the director shall enforce the provisions of this chapter.

C. Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with Section 8.32.290 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays, not related to fault of the respondent, in obtaining discretionary permits or other government agency approvals; or

3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

D. Education Period for Residential and Multifamily. Beginning January 1, 2022, and through December 31, 2023, if the city determines that a residence or multifamily dwelling is not in compliance with this chapter, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required, and that violations may be subject to administrative civil penalties. Except for multifamily dwellings, there will be no education period for commercial businesses.

E. Civil Penalties for Noncompliance. If the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action as needed. (Ord. 1320 § 2, 2021)

8.32.285 Penalties.

A. Unless otherwise expressly provided in this chapter, a violation of this chapter shall be an administrative violation as defined in Section 1.08.020. In addition to enforcement by any procedure set forth in Chapters 1.08 through 1.10, except as provided in this section, any violation of this chapter shall be punishable as an infraction and shall be punishable by:

1. For a first violation, the amount of the base penalty shall be fifty to one hundred dollars per violation.

2. For a second violation, the amount of the base penalty shall be one hundred to two hundred dollars per violation.

3. For a third violation, the amount of the base penalty shall be two hundred fifty to five hundred dollars per violation.

4. Subsequent violations of this chapter shall be subject to the range of monetary sanctions set forth in Section 1.09.012(A)(5) and may be imposed on a per-day basis for each violation.

B. Each and every day during which a violation of this chapter continues, except in cases in which a given time has been allowed for corrective action to be taken, shall be a separate and distinct offense.

C. Violations of Section 8.32.090(B), (C), and (D); 8.32.190, and 8.32.210 shall be a misdemeanor, which shall be punishable by a fine not to exceed one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

D. Each of the sanctions for administrative violations identified in Chapter 1.09 shall be available for enforcement of the provisions of this chapter. (Ord. 1320 § 2, 2021)

8.32.290 Enforcement procedures—Notice to correct.

A. Prior to the suspension, revocation, or denial of any permit, or the assessment of any fee, penalty, or charge, or the commencement of any other enforcement action pursuant to this chapter, the enforcement authority may pursue the procedures set forth in Chapter 1.09. The rights to judicial review set forth in Sections 1.09.050 through 1.09.052 shall apply.

B. A notice to correct shall not be required to commence the administrative hearing procedures set forth in Chapters 1.08 through 1.10. Pursuant to Section 1.09.024, a notice of administrative violation shall be served in accordance with the provisions of Section 1.09.027. (Ord. 1320 § 2, 2021)

8.32.300 Remedies cumulative.

The remedies set forth in this chapter are cumulative to any other remedy available to the city. Pursuit of one remedy shall not preclude any other remedy, and nothing contained in this chapter shall limit or be deemed to prevent the city from pursuing any other remedy available to the city under the city’s code or any other applicable law. (Ord. 1320 § 2, 2021)