Chapter 8.40 SOLID WASTE, RECYCLABLES AND ORGANICS MANAGEMENT

It is declared to be in the interest of the public health, sanitation, safety and welfare of all residents of the city of Fremont, and the policy of the city, that the accumulation, preparation, storage, collection, transportation and disposal of municipal solid waste, organics and recyclable materials in the city of Fremont be handled in a safe, sanitary, routine and efficient manner so as to maximize the reduction, reuse, recycling and composting of materials that otherwise would be disposed of as municipal solid waste; to preserve and maximize landfill disposal capacity; to maintain the good condition, cleanliness and safety of city rights-of-way; to comply with state, regional and local law; to prevent the harboring and breeding of rodents and insects and other pests; to reduce contamination of the environment by the unauthorized burying, burning, or putrefaction of such materials; to prevent the spread of diseases associated with unsanitary conditions; to reduce the hazard of fire; and to prevent unsightliness and other public nuisance which may result in the depreciation of property values and otherwise interfere with the comfortable enjoyment of life within the city. It is further the policy of the city to prefer in its procurement practices the purchase of products composed of or containing recycled materials. (Ord. 11-2021 § 1, 11-16-21.)

8.40.030 Declaration of purpose.

The purpose of this chapter is to accomplish the foregoing results, and to confirm and establish regulations for their accomplishment. The provisions hereof, therefore, shall be liberally construed so as to give full effect to, and support the accomplishment of, such purpose. (Ord. 11-2021 § 1, 11-16-21.)

8.40.040 Definitions.

For the purposes of this chapter, Articles I through Article IX, unless otherwise apparent from the context, the following words and phrases shall have the following meanings as described below. However, the definitions and terms in Article IX shall be used specifically for that Article IX, and shall have the meanings described therein.

“Act” shall mean the California Integrated Waste Management Act, Cal. Pub. Res. Code § 40000 et seq., as amended.

“Alternative daily cover” shall mean material approved for use as daily cover to landfill MSW deposits, as an alternative to soil cover.

“Brown goods” shall mean discarded electronic equipment and other small appliances such as stereos, televisions, computers, DVD players, video cassette recorders (VCRs), and similar items. Brown goods may also include electronic waste or e-waste.

“Bulky goods” shall mean discarded materials such as large and small household appliances, furniture, carpets, mattresses, white goods, brown goods, clothing, tires, and oversized landscape debris, such as tree trunks and large branches, and similar large items produced as refuse, excluding construction and demolition waste.

“Business” or “commercial,” as used herein to describe categories of customers or materials, shall mean of, from, or pertaining to an establishment other than a residential dwelling, building or complex, including, but not limited to, commercial, industrial, medical, nursing and recuperative, governmental, religious, and educational facilities or properties, and shall otherwise have its common meaning, as reflected in Chapter 5.05.

“City” shall mean the city of Fremont, California, a municipal corporation, and its geographical territory, including any subsequently annexed geographic portions thereof.

“City council” shall mean the governing legislative body of the city.

“City legislation” shall mean the municipal code of the city of Fremont, as it may be amended or recodified from time to time, as well as any ordinances or resolutions duly promulgated or adopted by the city council, as such ordinances or resolutions may be amended from time to time.

“Collector” or “collectors” shall mean the franchise collector, persons that have limited continuation rights under Cal. Pub. Res. Code § 49520, and persons permitted to collect hazardous waste, medical and infectious wastes.

“Commercial recyclables” means recyclables from commercial generators. Commercial recyclables do not include those recyclables that a commercial generator chooses to sell through a bona fide sale where the commercial generator does not incur any cost or charge for the collection, transportation, processing or any other service; or for those recyclables that a commercial generator donates to a nonprofit organization.

“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 100 cubic yards and 750 square feet, as specified in California Code of Regulations Title 14, Section 17855(a)(4).

“Compactor” means a stationary or self-contained equipment unit used for the purpose of reducing the volume of municipal solid waste, recyclables, or organics contained in a bin by compressing the material.

“Composting” shall mean the controlled biological decomposition of organics that are source separated from the municipal solid waste stream or which are separated at a centralized facility.

“Composting facility” shall mean any business, site, location or facility where composting occurs, other than composting by a householder of waste materials produced in his or her own household.

“Construction and demolition debris” shall mean permitted material generated as a result of construction, remodeling, repair or demolition on pavement, houses, commercial buildings and other structures as well as construction job sites, including without limitation discarded packaging, containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste, hazardous waste, and medical and infectious waste. Such materials may include brick, mortar, concrete, plaster, scrap wood, scrap metal, sheet rock, packaging and rubble.

“Customer” shall mean a generator located within the city who subscribes or is required to subscribe to the applicable services under this chapter.

“Designated disposal facility” shall mean the landfill and solid waste facility or facilities approved by the city for the receipt, processing, transfer and disposal of permitted materials. The Altamont Landfill and the Fremont Recycling and Transfer Station are currently designated as the landfill and solid waste facility.

“Director” shall mean the city manager, or the director’s designee.

“Discarded” shall mean any object or material which its owner, producer or generator wishes to dispose of by setting it out for collection, rather than reusing it, selling it, or donating it to a nonprofit organization, or any object or material which its owner, producer or generator has legally abandoned.

“Disposal facility” shall mean any facility or location where the business of acceptance and disposal of MSW occurs.

“Electronic waste or e-waste” are those materials described in Cal. Pub. Res. Code §§ 42460 through 42486, as amended.

“Franchise collector,” as used herein, shall mean the person to whom the city has granted an exclusive franchise for the collection of MSW, recyclables and/or organics.

“Generator” shall mean an owner or responsible party for a single-family dwelling, multifamily dwelling, business, commercial or residential facility, including property which generates MSW, organics and recyclables as a result of its single-family dwelling, multifamily dwelling, business, facility or property activity, including construction sites. Generators may also include tenants, property managers with leased space, employees and contractors of generators, as well as responsible parties.

“Haul” or “hauler” shall mean the act of transporting, or any person who transports MSW, recyclables, organics, or other discarded materials.

“Hazardous waste” and “household hazardous waste” shall mean any material, substance, waste or component thereof which poses an actual or potential risk to public health and safety or the environment by virtue of being actually or potentially poisonous, toxic, corrosive, bioaccumulative, reactive, ignitable, radioactive, infectious or otherwise harmful to public health and safety or the environment, and/or which requires special handling under any present or future federal, state or local law, including without limitation 42 U.S.C. § 6901 et seq. (Resource Conservation and Recovery Act), 42 U.S.C. § 9601 et seq. (Comprehensive Environmental Response, Compensation and Liability Act), Cal. Health and Safety Code § 25100 et seq. (Hazardous Waste Control Act), and Cal. Health and Safety Code § 25015 et seq. (Medical Waste Management Act). Unless the context otherwise requires, “hazardous waste” shall include household hazardous waste, extremely hazardous waste, acutely hazardous waste, Resource Conservation and Recovery Act hazardous waste, non-Resource Conservation and Recovery Act hazardous waste, and special waste, as these statutes and regulations may be amended.

“Hearing officer” or “administrative hearing officer” shall mean the person designated by the city manager to conduct the hearings and make the determinations required of the administrative hearing officer under this chapter.

“Integrated waste management services rates” or “IWMS rates” shall mean the fixed unit rates charged to customers as set forth in the franchise agreement for provision of collection services by the franchise collector, as adopted and/or adjusted from time to time by resolution of the city council, which shall be published to customers by the franchise collector.

“Landscape debris” shall include untreated and unpainted wood, yard waste such as prunings, brush, leaves, or grass clippings and such other types of waste (excluding palm fronds), as well as similar material that may be specified by the city in its reasonable discretion.

“Local enforcement agency” or “LEA” shall mean the Alameda County department of environmental health, or such other agency that may be designated from time to time under state law to regulate the permitting of regulated facilities.

“Mixed-use development” means those areas within the city described in Chapter 18.45.

“Multifamily dwelling” shall mean any dwelling place, other than a single-family dwelling, or other building or premises used for housing persons, including, but not limited to, premises such as apartment, condominium, and/or townhouse buildings or complexes, including such premises when combined in the same building with business establishments; except that units within such buildings, premises, or complexes which can be and are provided with collection service as an individual unit shall be treated as a single-family dwelling in regard to the collection service provided.

“Municipal solid waste” or “MSW” shall mean, except as provided below, all “solid waste” as defined in Cal. Pub. Res. Code § 40191, as that section may be amended from time to time, which is generated within the city. “MSW” means all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, rubbish, ashes, industrial wastes, discarded bulky goods, discarded brown goods, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, residues from recycling, composting and similar processes, and other discarded wastes, but does not include abandoned vehicles, hazardous waste, household hazardous waste, unpermitted waste or material, recyclables including source separated recyclables or organics intended for diversion as part of a recycling or organics program.

“Nonprofit organization” shall mean a nonprofit charitable or civic organization which meets the standards for exemption from payment of business taxes pursuant to the California Revenue and Taxation Code.

“Organics” shall mean landscape debris as well as similar material that may be specified by city for collection and processing. Where the term “organics” is used in this code, it shall be deemed to include source separated organics including landscape debris, food waste, food soiled paper, nonhazardous wood waste or other compostable materials accepted in the city’s program, unless the context clearly indicates otherwise.

“Organics facility” shall mean a business or commercial location where organics are stored, chipped, processed into compost, or otherwise managed.

“Overage” means the amount of permitted materials in excess of the capacity of the containers for which generator has subscribed, and set out in accordance with requirements for the collection of overages.

“Permitted materials” shall mean materials that the collectors and processors may handle under their permits and applicable federal, state and local laws and regulations.

“Person” or “persons” shall mean an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, governmental entity, or any other legal person domiciled, located, present or operating within the city.

“Pilot program” shall mean experimental or trial activities intended to test the viability or any other aspect(s) of process or procedures. Typically, a pilot program involves a sample population, audience, or confined scope and precedes any implementation of a larger or entire program.

“Recyclables” shall mean used residential, business or commercial materials which may be returned to the economic mainstream as commodities for reuse to create new or reconstituted products, which, if not segregated from MSW by the generator or through processing, would otherwise become MSW. For the purposes of this chapter, recyclables include, but are not limited to, newspaper; mixed paper; glass containers (including brown, clear and green glass bottles and jars); aluminum, including beverage containers; steel, including tin cans; bi-metal containers; plastics as designated by city; corrugated cardboard; as well as those materials designated (by addition or deletion) by the city through a resolution or other appropriate means. Where the term “recyclables” is used in this code, it shall be deemed to include and refer to source separated recyclables unless the context clearly indicates otherwise.

“Recycle” or “recycling” shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning 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, as defined in Cal. Pub. Res. Code § 40180, as it may be amended. “Recycling” does not include transformation, as defined in Cal. Pub. Res. Code § 40201.

“Regulated or permitted facility” shall mean a municipal solid waste transfer or processing station, an organics or composting facility, a transformation facility and a disposal facility, or other solid waste facility subject to regulation by the LEA or the city.

“Resident” shall mean an owner or occupant of a dwelling place within the city.

“Residential” shall mean of, from, or pertaining to a multifamily dwelling or single-family dwelling.

“Residues” shall mean materials remaining after the processing of recyclables and/or organics which require landfill disposal.

“SB 1383” means Senate Bill 1383 of 2016, the Short-Lived Climate Pollutant Reduction Act of 2016.

“Segregated” shall mean any of the following as defined in Cal. Pub. Res. Code § 40190 as it may be amended: (1) the placement of recyclable materials in separate containers, (2) the binding of recyclable material separately from other waste material, (3) the physical separation of recyclable material from other waste material.

“Self-haul” (or “self-hauling”) shall mean a generator who transports his or her own permitted materials by using a vehicle owned by that generator and driven by the generator or the generator’s employees rather than using the hauling services of the franchise collector or a third-party hauling company.

“Single commodity soil, asphalt and concrete” means soil, concrete and asphalt resulting from construction, remodeling, repair or demolition on pavement, houses, commercial buildings, multifamily dwellings and other structures that is source separated from each other and any other permitted materials that contain a de minimis amount of residue. Single commodity soil, asphalt and concrete as defined are exempt from the city’s franchise collection agreement.

“Single-family dwelling,” notwithstanding any contrary definition in this code, for the purposes of this chapter, shall mean a detached or attached house or residence designed or used for occupancy by one family; provided, that collection service feasibly can be and is provided to such residence as an independent unit. For example, individual units within a condominium, townhouse or similar complex, or in a mobile home park, shall be regarded as single-family dwellings for the collection service or services, if any, provided to that unit on an individual basis.

“Source separated” or “source separation” means the process of segregating or preparing recyclables or organics per city standards by the generator for the purposes of diversion from other permitted materials.

“Transfer or processing station” shall mean those facilities utilized to receive MSW, recyclables or organics and temporarily store, separate, convert or otherwise process the materials; or to transfer MSW and other materials directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.

“Transformation” shall mean incineration, pyrolysis, distillation, or biological conversion other than composting. “Transformation” does not include composting, gasification, or biomass conversion, as defined in Cal. Pub. Res. Code § 40201, as it may be amended.

“Transit-oriented development” or “TOD” means those areas described in Chapter 18.152.

“Trash enclosure” means an area screened from public view and used for storage of collection containers and municipal solid waste, recyclables, organics, tallow containers and other discarded materials prior to collection or disposal.

“Unpermitted waste or material” shall mean any and all material, including but not limited to hazardous waste, the acceptance or handling of which would cause a violation of any permit, condition or legal or regulatory requirement, including damage or threatened damage to collection equipment or disposal or processing facilities, or a substantial endangerment to the health or safety of the public or persons engaged in the collection, handling, processing or disposal of MSW, recyclables or organics. Waste or material which is otherwise permitted may be considered an unpermitted material when commingled with discarded material of another type, when segregation of such materials is required.

“White goods” shall mean appliances such as refrigerators, stoves, washers, dryers, water heaters and similar items. (Ord. 11-2021 § 1, 11-16-21.)

Article II. Accumulation, Preparation and Storage – Subscription to Collection Service – Set Out Procedures

8.40.050 General provisions.

All persons residing, domiciled, or maintaining business or other premises in the city of Fremont shall comply with the relevant sections of this article, state law and local ordinances. Subscription to the following collection services shall be mandatory: single-family residences shall subscribe to MSW, recyclables and organics collection services; multifamily residences shall subscribe to MSW, recycling and organics collection services in compliance with state law and local ordinances; and commercial generators shall subscribe to MSW, commercial recyclables and organics collection services, as applicable. (Ord. 11-2021 § 1, 11-16-21.)

8.40.060 Maintenance of nuisance prohibited – Person responsible for collection or other removal.

No person shall maintain a nuisance by permitting the accumulation of municipal solid waste, including recyclables, organics or other discarded and/or derelict materials, upon the premises of which that person has ownership, possession, occupancy, control or charge. These materials shall not be allowed to remain on the premises for more than seven days (except for inert, nonputrescible recyclables) to prevent propagation, harborage, or attraction of flies, rodents or other vectors and the creation of nuisances. Every person who has ownership, occupancy, possession, control or charge of any dwelling place, business or other premises within the city in, upon, or from which municipal solid waste, recyclables or organics are created, produced, or generated, and who, therefore, has the responsibility for the day-to-day maintenance of the premises including, where applicable, common areas or accommodations, shall be responsible for ensuring the storage of these materials in an appropriate enclosure and the removal of municipal solid waste, recyclables or organics from those premises at least on a weekly basis, or more often as may be required to adequately serve the premises. Such removal shall be ensured by contracting, or requiring the occupant, possessor, controller or administrator of the premises to contract, for containers and collection services provided by the collector. The person responsible for maintenance of the premises shall ensure removal of litter and waste materials not subject to collection by the franchise collector either by self-haul, or by arrangement with a person qualified to handle the material in question. Nothing in this section is intended to allow persons to self-haul materials routinely generated on a premises on an ongoing basis. Nothing in this section is intended to alter the effect of the terms of any lease or agreement applicable to any premises. Maintenance and cleaning of trash enclosures are the responsibility of the occupant or owner of the premises. Trash enclosures shall be maintained in the condition in which they were approved and shall meet requirements of Article II of the storm water management and discharge control regulations beginning at Section 18.210.060. (Ord. 11-2021 § 1, 11-16-21.)

8.40.070 Requirement to deposit municipal solid waste, recyclables, organics and other materials in appropriate containers.

Every person in possession, charge or control of any multifamily dwelling, single-family dwelling, commercial facility or other premises in, upon, or from which municipal solid waste, organics or recyclables are generated, created, produced, kept or accumulated within the city of Fremont shall deposit the materials in a water-tight container or containers equipped with a secure-fitting cover provided by the franchise collector, or alternate methods, such as overage bags, which have been approved by city. Container covers and lids shall be kept closed except when the container is being serviced. Generators subscribing or required to subscribe to collection services shall deposit those materials in the respective containers designated by and available from the collectors, as further provided below. In all events, discarded materials stored prior to collection and/or disposal shall be contained in a manner so as to discourage disturbance by, or harboring of, animals or pests; to prevent fire or other safety hazard; and to prevent odors or unsightliness amounting to a nuisance. (Ord. 11-2021 § 1, 11-16-21.)

8.40.080 Residential collection service – Franchise collector sole authorized collection company.

The franchise collector operating under an exclusive franchise agreement with the city is the sole authorized collector of residential municipal solid waste, residential recyclables, and residential organics. No residential generator may contract with another commercial enterprise or person engaged in business for the collection of such materials, except as provided below. Nothing in this chapter shall be construed to interfere with the right of residential generators to reuse or sell their recyclable materials, donate recyclables to a nonprofit organization as defined herein, or to engage in home composting. (Ord. 11-2021 § 1, 11-16-21.)

8.40.090 Basic residential collection service, including single-family and multifamily.

The basic collection service provided to each single-family dwelling residential generator by the franchise collector shall consist of MSW, recyclables, and organics collection, and shall include additional services described below. The residential customer shall pay to the franchise collector the single integrated waste management service rate approved by the city for such collection services.

Single-family dwelling residents who produce 10 gallons of MSW or less per month may make arrangements with the franchise collector for the alternative MSW collection service described in Article III of this chapter.

The collection service requirement for multifamily dwellings shall be MSW, recyclables and organics collection. Rates for such service will vary in accordance with the volume of service provided to the residential customer under the subscription. (Ord. 11-2021 § 1, 11-16-21.)

8.40.100 Residential collection service – Requirement to segregate recyclables, organics, and municipal solid waste.

Single-family dwelling MSW, recyclables, and organics set out for collection for the franchise collector must not be commingled and shall be segregated by the residential generator and set out for collection in the appropriate containers provided by the franchise collector for each respective material. The franchise collector may refuse to collect residential dwelling containers of MSW, recyclables and/or organics which contain improperly disposed of materials, and in that event shall notify the residential generator of the reason for noncollection. Multifamily dwelling generators shall be provided with sufficient containers and instructions to encourage proper segregation of MSW, recyclables and organics. Recyclables, organics, and MSW generated at multifamily dwellings shall not be commingled and shall be segregated into the appropriate containers for collection by the franchise collector. (Ord. 11-2021 § 1, 11-16-21.)

8.40.110 “Zero generator” exemption from residential recyclables collection fee component.

A single-family dwelling residential customer may apply to the director for continuation of a previously granted exemption from payment of that portion of the integrated waste management service rate that is attributable to recyclables services if, and only if, the residential generator demonstrates that he or she does not discard any recyclables. This demonstration shall be made by demonstrating that the residential generator sells, or donates to a nonprofit organization as defined, all of his or her recyclables; by demonstrating that the residential generator reuses all of his or her recyclables; or by demonstrating that the residential generator employs some combination of the above, and therefore discards no recyclables. The director may require that any application for a continuance of a previously granted exemption be accompanied by receipts, if applicable, bearing the name, address, and telephone number of the organization(s) receiving the recyclables and stating the approximate amount of material received; and a signed statement, made under penalty of perjury, that all of the residential generator’s recyclables are sold, donated, or reused, including a brief description of the manner in which such recyclables are sold, donated or reused. The director shall be entitled to request further information to the extent that it is reasonably necessary to evaluate the validity of the request for continuance of such exemption. Any dispute between the residential generator and the director regarding a denial of exemption may be appealed to, and shall be finally resolved by, the administrative hearing officer. A residential generator who has an existing exemption may be required to provide periodic proof that he or she is continuing the practices on which the exemption was based.

New “zero generator” exemptions for recyclables as described in this section will no longer be approved, and residential generators will no longer have the right to apply for a new “zero generator” exemption from residential recyclables services fees described in this section as of the effective date of the ordinance codified in this section. Residential generators who have a current exemption will be allowed to continue with their exemption from payment of that portion of the integrated waste management service rate that is attributable to recyclables, as long as they provide adequate documentation to the director as described above. Failure to provide such documentation may result in a revocation of the exemption by the director. (Ord. 11-2021 § 1, 11-16-21.)

8.40.120 “Zero generator” exemption from residential organics services fee component.

(a) A single-family dwelling residential generator may apply to the director for continuation of a previously granted exemption from payment of that portion of the integrated waste management service rate that is attributable to organics services if, and only if, the residential generator has demonstrated that he or she has an existing on-site composting system and produces and/or discards in the landfill bin or container a very low volume of organics. “Low volume” shall mean one gallon or less per weekly collection period. This demonstration must be made by submitting to the director a signed statement, made under penalty of perjury, that the residential generator generates this low volume of organics by chipping and/or composting all of his or her organics on his or her property. Any dispute between the residential generator and the director regarding denial of an exemption or a revocation of an exemption may be appealed to, and shall be finally resolved by, the administrative hearing officer. A residential generator who has an exemption may be required to provide periodic proof that he or she is continuing the practices on which the exemption was based.

(b) New “zero generator” exemptions for organics as described in this section will no longer be approved, and residential generators will no longer have the right to apply for a “zero generator” exemption from residential organics services fees described in this section as of the effective date of the ordinance codified in this section. Residential generators who have a current exemption based on verified chipping and/or composting systems will be allowed to continue with their exemption from payment of that portion of the integrated waste management service rate that is attributable to organics, as long as they provide adequate documentation to the director as described above. Failure to provide such documentation may result in a revocation of the exemption by the director. (Ord. 11-2021 § 1, 11-16-21.)

8.40.130 Improper disposal of organics or recyclables to avoid payment for services shall be infraction of municipal law.

In no event shall a residential or commercial generator dispose of recyclables and/or organics in the incorrect container as a means of avoiding payment for recyclables and/or organics services. Any residential or commercial generator who has applied for or obtained an exemption from recyclables and/or organics collection services who improperly disposes of recyclables or organics, respectively, in any container shall be guilty of an infraction. (Ord. 11-2021 § 1, 11-16-21.)

8.40.140 Business municipal solid waste collection service – Franchise collector sole authorized collector – Commercial recyclables and organics collection service – Franchise collector has been granted exclusive franchise for commercial recyclables and organics.

The municipal solid waste franchise collector operating under an exclusive franchise agreement with the city is the sole authorized collector of municipal solid waste produced or generated within the city. No commercial generator, including but not limited to businesses, may contract with any other person for the collection and/or disposal of municipal solid waste.

The franchise collector has been designated the exclusive franchise collector for commercial recyclables, commercial organics, and construction and demolition debris. No commercial generators, including but not limited to businesses, may contract with any persons for collection or disposal of commercial recyclables, commercial organics, or construction and demolition debris other than the collectors as defined in this chapter. (Ord. 11-2021 § 1, 11-16-21.)

8.40.150 Location and frequency of collection service – Single-family dwellings, businesses eligible for can service, and placement and removal of containers and bulky materials from curbside.

Collection from single-family dwellings shall be at curbside on a weekly basis, in accordance with a schedule published by the franchise collector. Customers who are physically unable to perform the activities necessary to avail themselves of curbside collection service may apply to the franchise collector for provision of collection from backyards or alleys, as appropriate, at no extra charge. Any dispute regarding the denial by the franchise collector of such service to a customer who claims to be entitled to it may be appealed by the customer to, and shall be finally resolved by, the administrative hearing officer. Other single-family dwelling customers may arrange with the franchise collector for backyard or alley collection at an additional charge. Collection from commercial generators that produce sufficiently small quantities of discarded materials so as to practicably utilize the carts provided by the franchise collector shall be from the premises or adjacent alley on a weekly basis. Empty collection containers shall be removed from the curbside within 24 hours of collection and shall be stored out of view from any street. No materials, containers or bulky items shall be set out for curbside collection before 6:00 a.m. on the day prior to scheduled collection. (Ord. 11-2021 § 1, 11-16-21.)

8.40.160 Overages collection – Requirement to subscribe to adequate service level.

Occasional amounts of MSW which exceed the capacity of the MSW container (referred to as “overages”) for which a single-family dwelling customer has subscribed may be set out for collection alongside that container in an overage bag approved by the franchise collector. The franchise collector shall make approved overage bags available to the single-family customer either by delivery, or by distribution to designated outlets. Collection of occasional overages shall be at no additional cost to the residential generator; however, all residential and commercial generators are required under this chapter to utilize containers adequate to contain the volume of MSW that the generators normally would produce between collection dates. Recurrent set out of MSW in volumes greater than can be contained in the generator’s municipal solid waste container, with the lid closed, may result in the requirement that the generator subscribe to a greater level of service. The franchise collector shall notify the generator of the need to subscribe to a higher service level. Failure to redress the situation after a notice from the city to do so shall constitute an infraction. (Ord. 11-2021 § 1, 11-16-21.)

8.40.170 Location and frequency of collection services – Multifamily dwellings and commercial generators.

Collection from multifamily dwellings and commercial generators shall be on the premises at places agreed to between the generator and the collector on at least a weekly basis, and more frequently if necessary to adequately serve the premises and/or maintain such premises in compliance with this chapter. However, certain commercial on-call roll-off services with a minimal amount of putrescibles may be collected less frequently at the discretion of the director. If a multifamily dwelling or commercial generator routinely produces municipal solid waste or other discarded materials in excess of the capacity of the container or containers to which the generator has subscribed, the franchise collector will notify the generator of the requirement to subscribe to a larger container size and/or more frequent collection. Failure to redress the situation after a notice by the city to do so shall constitute an infraction. (Ord. 11-2021 § 1, 11-16-21.)

8.40.180 Business collection service – Requirement to segregate recyclables, organics, and municipal solid waste.

Recyclables, organics, and MSW generated at commercial facilities may not be commingled and shall be segregated into the appropriate containers for collection by the franchise collector. Commercial generators shall provide sufficient containers and instructions to encourage proper segregation of recyclables, organics, and MSW by staff and commercial tenants. (Ord. 11-2021 § 1, 11-16-21.)

8.40.190 Trash enclosures shall conform to zoning regulations.

The location, design and development of trash enclosures shall conform to all applicable regulations set out in Title 18 (Zoning). (Ord. 11-2021 § 1, 11-16-21.)

8.40.200 Materials prohibited from disposal.

All persons including commercial and residential generators shall comply with all applicable federal, state, regional, local and city law governing the handling, treatment, storage, transportation, and disposal of hazardous wastes. Without limiting the foregoing, no hazardous waste, household hazardous waste, universal waste, or other unpermitted waste or material shall be disposed of in a municipal solid waste, recyclables or organics container set out for collection by the collector, nor shall such wastes be delivered by self-haul or otherwise to any landfill, transfer station, recyclery, materials recovery facility, organics processing facility, or any other facility which is not a regulated facility capable and permitted to handle such hazardous waste. Violation of this provision by any person shall result in noncollection of discarded materials and denial of access to facilities not in the business of receiving such wastes, and may result in assessment of costs for any special handling by the collector as a result of the violation, penalties and/or prosecution by the city, as well as any potential prosecution by the state or federal government. (Ord. 11-2021 § 1, 11-16-21.)

8.40.210 Special procedures for disposal of motor oil and household hazardous waste.

Notwithstanding any other provision of this chapter, used motor oil may be disposed of by generators utilizing the containers provided by, and complying with the instructions of, the collector. In addition, dry paint cans may be disposed of in municipal solid waste containers. Acceptable household hazardous wastes may be disposed of by self-haul to a permitted household hazardous waste facility, in compliance with the instructions of that facility and all other applicable city, county and state laws. (Ord. 11-2021 § 1, 11-16-21.)

8.40.220 Requirement of payment for services and administrative fee.

The franchise collector is entitled to collect, and each customer is obligated to pay, the rates established for the services provided hereunder, including the fees assessed by the city to cover the costs of administering the collection and processing franchises and the city’s integrated waste management programs. Residential generators shall be billed quarterly, in advance of services provided. Commercial generators subscribing to bin service shall be billed monthly, in advance of services provided. Commercial generators subscribing to roll-off services shall be billed monthly for services provided in the previous month. All invoices shall be payable upon receipt. Collection of payments is the responsibility of the franchise collector; nothing in this chapter shall obligate the city to participate in collection of sums due to franchise collector from residential and commercial customers. (Ord. 11-2021 § 1, 11-16-21.)

Article III. Collection and Transportation

8.40.230 No person shall collect municipal solid waste, recyclables, or organics without franchise or contract and compliance with the Fremont Municipal Code, including all administrative rules and procedures promulgated herein.

No person shall collect, transport or convey municipal solid waste, recyclables, or organics that have been produced, generated, kept, or accumulated within the city, or permit the collection, transportation, or conveyance of such municipal solid waste, recyclables, or organics, unless the person providing such service has obtained a contract or franchise from the city granting such person the privilege of carrying on all or any part of such activities, and such person must comply with the city’s municipal code. The franchise collector operating under exclusive franchise agreement with the city is the sole authorized collector of municipal solid waste, recyclables, and organics within the city and all such municipal solid waste, recyclables, and organics collected must be delivered to the designated facilities. The franchise collector must comply with city’s municipal code, including all administrative rules and procedures promulgated herein. No other person shall charge or accept any fee or other remuneration whatsoever for the collection, transportation, conveyance and/or disposal of municipal solid waste, recyclables, or organics.

Nothing in this section shall prevent a person engaged in the business of construction or demolition from self-hauling construction and demolition debris from such activity; provided, that such debris removal is provided incidentally to construction or demolition work performed by that person. Nothing in this section shall prevent self-haul by customers of sudden and unusual accumulation of MSW which substantially exceeds the capacity of the collection containers to which the customer has subscribed; provided, that such materials are transported to the designated disposal facility in a manner which ensures against leaks, spills or other escape during transport. Any vehicle used to haul materials to the designated disposal facility that has a total bed length of eight feet or more must be weighed at the facility prior to and after disposal of the hauled materials. Nothing in this section shall prohibit any generator from selling that generator’s recyclables in a bona fide sale where the generator does not incur any cost or charge for the collection, transportation, processing or any other service; or donating such recyclables to a nonprofit organization, as defined herein. Nothing in this section shall prohibit a person engaged in the business of landscaping from self-hauling landscape debris in the course of work performed. (Ord. 11-2021 § 1, 11-16-21.)

8.40.240 Landfill disposal of recyclables prohibited.

No collector within the city shall dispose of recyclables at a landfill, or otherwise recombine such materials with municipal solid waste. (Ord. 11-2021 § 1, 11-16-21.)

8.40.250 Rights to recyclables – Unauthorized removal or collection prohibited.

All rights to recyclables shall pass to the franchise residential recyclables collector, or, regarding commercial recyclables, to the collectors, when such recyclables are placed in the designated recyclables container(s) and set out at the collection location established for collection by the collectors. It shall be unlawful for any person other than the collectors to collect or remove recyclables from such designated recyclables collection locations. Any and such removal or collection in violation hereof shall constitute a separate and distinct infraction. Nothing in this section shall be deemed to limit the right of the collector to bring a civil action against any person who violates this section. (Ord. 11-2021 § 1, 11-16-21.)

8.40.260 Authority of city to classify materials.

The city shall have the authority and discretion to designate from time to time the materials or types of materials that shall be classified and collected as municipal solid waste, recyclables and organics, respectively, if it determines that such designation or redesignation is in the public interest, including but not limited to a determination that such designation or redesignation would be prudent in light of changes in methods, technology and/or markets for materials recovery. (Ord. 11-2021 § 1, 11-16-21.)

8.40.270 Compliance with both the city’s municipal code and terms of franchise, administrative rules and procedures and/or business license required.

Any person providing any service, function or activity governed by this chapter who has obtained a business license from, or entered into a contract or franchise agreement with, the city shall fully comply with the terms of such franchise agreement, contract, business license as well as with the provisions of this chapter, and the administrative rules promulgated herein. Nothing contained in, or absent from, the provisions of this chapter shall relieve any such person of any obligation contained in such franchise agreement, contract, or business license, nor shall the fact of such franchise agreement, contract, business license in any way relieve such person from the obligation to comply with the Fremont Municipal Code and other applicable law. (Ord. 11-2021 § 1, 11-16-21.)

8.40.280 Particular duties of franchise collector.

Without limiting the provisions of Section 8.40.270, the franchise collector shall provide the following services as delineated in the franchise agreement and comply with those requirements unless otherwise directed by the city:

(a) Collect municipal solid waste, recyclables and organics from single-family dwelling residential customers at curbside on a weekly basis;

(b) Provide alternative MSW collection service, utilizing overage bags and an alternative collection schedule, to single-family residential customers;

(c) Collect municipal solid waste, discarded recyclables and discarded organics from backyards or alleys at no additional charge for persons qualifying for such services under Section 8.40.150, and at an additional charge for other customers arranging for such service on a weekly basis;

(d) Provide overage containers and collect overages;

(e) Collect municipal solid waste, recyclables and organics from the premises of multifamily dwellings at least weekly, and more often as necessary to adequately serve the premises;

(f) Collect municipal solid waste, recyclables and organics, as applicable, from commercial generators at least weekly, or more often as agreed with the commercial generator;

(g) Provide, maintain and replace as necessary all containers and receptacles required for its municipal solid waste, recyclables and organics collection services, as described in the franchise agreement;

(h) Notify commercial customers and provide smaller containers on request, if and when it appears that the commercial customer has subscribed to container service greater than the volume of municipal solid waste, recyclables or organics actually produced;

(i) Collect municipal solid waste, recyclables and organics without charge from city-owned or city-operated sites, facilities and public receptacles;

(j) Provide two free collections of bulky goods per year for single-family residential properties, and additional bulky goods or construction and demolition debris collections at an additional charge, by arrangement with individual customers;

(k) Provide collection services in accordance with routes and schedules described in the franchise agreement;

(l) Maintain a business office within the city limits with service hours as described in the franchise agreement;

(m) Bill customers and collect payment for services provided, including billing and collecting payment of the city’s fees for administration of integrated waste management programs as provided in the franchise agreement; and

(n) Remit franchise fees and integrated waste management fees to the city, along with reports required under the franchise collector’s agreement with the city as described in the franchise agreement. (Ord. 11-2021 § 1, 11-16-21.)

8.40.290 Collection hours in residential areas, mixed-use developments and transit-oriented development (TOD).

No person shall collect municipal solid waste, recyclables, organics or other discarded materials in or adjacent to a residential area before 6:00 a.m. or after 6:00 p.m. For purposes of this section, “residential area” excludes mixed-use development areas that contain or include residences. Collection services for municipal solid waste, recycling, and organic materials may be scheduled at times with routes and schedules determined by the director in all mixed-use development areas, including those areas with a transit-oriented development overlay (TOD). Under special circumstances including issues of operational safety, efficiencies and access, the director may approve an earlier collection start time. The director may also temporarily change residential collection hours to accommodate special events or circumstances. (Ord. 11-2021 § 1, 11-16-21.)

8.40.300 Duty to identify vehicles and containers.

Any person engaged in the business of collection, transportation, conveyance, processing or disposal of municipal solid waste, recyclables, organics, or other discarded materials shall ensure that every vehicle and container or receptacle used in its business within the city is clearly and prominently marked for proper separation of materials and with the name and telephone number of such person. Each vehicle also shall be marked with a unique vehicle number developed by the person employing the vehicle in its business. (Ord. 11-2021 § 1, 11-16-21.)

8.40.310 Unauthorized use of city name prohibited.

No person engaged in the collection, handling, transport, conveyance, storage, processing or disposal of municipal solid waste, organics, recyclables, or other waste or discarded materials shall use the name “Fremont,” “city” or “city of Fremont” in that person’s company name, or on any vehicle, container or other equipment associated with such activities, without the prior express written authorization of the director. The granting of a franchise, contract or business license shall not alone constitute authorization to use the city name. In no event shall any person engaged in such activities, other than an employee or division of the city, represent that that person is an agent or employee of the city. (Ord. 11-2021 § 1, 11-16-21.)

8.40.320 Duty to maintain vehicles and equipment in safe and sanitary condition.

Every person engaged in the business of collection, transportation, conveyance, processing or disposal of municipal solid waste, recyclables, organics, or other discarded materials shall maintain all vehicles and equipment employed in those activities in safe working order. Any vehicle employed in such activities shall be equipped with an adequate cover and such other features as may be required to prevent leakage, spillage, spray, overflow, outfall or any other escape of discarded materials from the vehicle. Any and all such vehicles and other equipment employed in such activities shall be washed at least on a weekly basis, and steam cleaned at such intervals as may be necessary to maintain them in a neat, safe and sanitary condition. The city shall have the right to inspect vehicles and equipment used in the city at such times as may be in the public interest. (Ord. 11-2021 § 1, 11-16-21.)

8.40.330 Duty to exclude hazardous waste.

No person shall engage in collection or transportation of hazardous waste within the city without all applicable federal, state, and/or city permits and authorizations; nor shall any person dispose of hazardous wastes at any facility not authorized and prepared to receive such materials. No person engaged in the business of collecting municipal solid waste, recyclables and/or organics shall collect hazardous waste with such materials, except that the franchise collector may collect used motor oil in compliance with state law and the terms of its franchise agreement. Every person authorized by the city to engage in the business of collection, transportation or conveyance of municipal solid waste, recyclables, or organics shall implement a screening program designed to detect and prevent the collection of hazardous waste. (Ord. 11-2021 § 1, 11-16-21.)

8.40.340 Duty to prevent and remediate spills – Special provisions for oil or other fluid spills.

Every person who collects, transports, or conveys municipal solid waste, recyclables, organics, or other discarded materials shall exercise all due care to prevent the spilling, leaking, or other escape of such materials from containers, receptacles, or vehicles. Any spillage, leakage, or other escape in the course of collection, transportation or conveyance shall be cleaned up immediately, or as promptly as feasible. The operator of a vehicle is responsible for responding to spills, including but not limited to spills of oil or other vehicle fluids, immediately or as promptly as feasible, and must notify the city of any spill of hazardous or potentially hazardous materials within 24 hours, unless earlier notification is required under applicable permits or state law. If the operator of the vehicle can do so without endangering himself or herself, or others, the operator shall stop the leak and clean up the spill and take all action possible to prevent spilled materials from entering sewers or storm drains. If the operator requires assistance in responding to any such spill, he or she shall take all safe and feasible action to contain the spill and prevent others from driving through or coming in contact with the spill until assistance arrives. (Ord. 11-2021 § 1, 11-16-21.)

8.40.350 Information requirements for collectors.

(a) Upon request from the city, any collector of residential or commercial recyclables shall provide to the city the following information:

(1) The name, address and telephone number of the person (including, but not limited to, corporate persons) seeking to engage in that business. If the collector is a partnership, the name, address, and telephone number of each partner shall be provided. If the collector is a corporation, the information shall include the names, addresses and telephone numbers of both the corporation’s home offices and the regional office nearest the city of Fremont, if applicable. Collectors also shall set forth the names and addresses of the corporate officers who will be responsible for overseeing the activities to be undertaken by the collector;

(2) A list of all vehicles to be used in collection and/or transportation, including the license plate number; vehicle identification number; vehicle type, make and model; and capacity of each vehicle, as well as a description for each vehicle of its cover and other features to prevent spillage, overflow, outfall, leakage or other escape of materials or liquids from the vehicle;

(3) The type of commercial or residential recyclables to be collected, and the source or proposed source of such materials;

(4) The place or places of processing and/or sale of such recyclables, and a description of the anticipated end-use or processing to be conducted;

(5) The statement of the types of equipment, other than vehicles, to be used in collection and/or processing by the applicant, and a description of the age and condition of that equipment;

(6) A description of the manner, method and frequency of cleaning vehicles and equipment;

(7) Adequate proof of insurance in the types and amounts as set from time to time by the director;

(8) The applicant’s city of Fremont business license number and expiration date;

(9) A report containing the following information regarding recycling activities in the previous month:

(A) A description of the types of materials collected;

(B) The aggregate tonnage of materials collected;

(C) For each type of material collected, identification of the market or markets for such materials; their market price; the end use, if known, of materials sold; and

(D) The weight and manner of disposition of nonrecyclable materials; and

(10) The signature and title of the person submitting the information.

(b) Upon city’s request, the collector shall provide to the community services director or designee a report containing the information specified in subsection (a)(9) of this section regarding the previous month’s recycling activities. Failure to comply with all of the requirements of this section shall constitute an infraction, and shall be grounds for revocation of a collector’s status as a collector. (Ord. 11-2021 § 1, 11-16-21.)

8.40.360 Information requirements for landscape contractors.

A landscaping contractor that transports landscape debris by self-haul shall keep a record of the amount of landscape debris delivered to each solid waste facility, operation, activity, or property that processes or recovers landscape debris. This record shall be subject to inspection upon request by the city. The records shall include the following information:

(a) Delivery receipts and weight tickets from the entity accepting the landscape debris.

(b) The amount of material in cubic yards or tons transported by the landscaping contractor to each entity by date.

(c) If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the self-haul vehicle in a manner that allows it to determine the weight of materials received, the landscape contractor is not required to record the weight of material but shall keep a record of the entities that received the landscape debris by date. (Ord. 11-2021 § 1, 11-16-21.)

8.40.370 Duty to return containers to trash enclosure.

Every person who removes municipal solid waste, recyclables, organics or other collection containers from a trash enclosure for servicing shall return all collection containers to that enclosure after the containers have been serviced, and lids of all collection containers shall be restored to closed or covered condition. (Ord. 11-2021 § 1, 11-16-21.)

8.40.380 Administrative rules and procedures.

The city manager is authorized to promulgate administrative rules and procedures needed to implement this chapter. (Ord. 11-2021 § 1, 11-16-21.)

Article IV. Disposal and Composting

8.40.390 Disposal on premises where produced.

Except as otherwise provided in this chapter and applicable ordinances of the Union Sanitary District, garbage, rubbish, refuse, industrial waste and commercial garbage may be disposed of on the premises or site where produced in the city of Fremont by means of grinding and discharge into a sanitary sewerage system, feeding to animals or composting; provided, however, that such method of disposal is performed and completed in such manner as to discourage the harboring and breeding of rodents and insects, as not to objectionably and unreasonably pollute the air, as not to constitute a fire hazard, and as not to result in such unsightliness of the premises as to result in the depreciation of the value of property. (Ord. 11-2021 § 1, 11-16-21.)

8.40.400 Unauthorized disposal.

No person shall dump, deposit, or dispose of, or cause or permit the dumping, depositing, or disposal of, waste, garbage, rubbish, refuse, industrial waste, or commercial garbage, or any thereof, on premises in the city of Fremont except upon premises where disposal of such waste, garbage, rubbish, refuse, industrial waste, or commercial garbage is authorized by a license and permit issued pursuant to the provisions of this article. (Ord. 11-2021 § 1, 11-16-21.)

8.40.410 Community composting.

No person shall operate a community composting site without all applicable federal, state, county, and/or city permits and authorizations. Any person operating a community composting site must comply with all regulations including those related to air quality, water quality, odor reduction, and traffic congestion, in order to prevent actual or potential risk to public health and safety or the environment. Community composting sites shall be operated in a manner to discourage disturbance by, or harboring of, animals or pests; to prevent fire or other safety hazard; and to prevent odors or unsightliness amounting to a nuisance. Any operation that violates the provisions of this chapter shall be deemed a nuisance. (Ord. 11-2021 § 1, 11-16-21.)

8.40.420 Mulch standards.

In order to be applied to the city’s recovered organic waste product procurement target established by SB 1383 regulations, any mulch sold or otherwise provided to the city shall:

(a) Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in Cal. Code Regs. Title 14, §§ 17852(a)(24.5)(A)(1) through (3); and

(b) Be produced at one or more of the following:

(1) A compostable material handling operation or facility as defined in Cal. Code Regs. Title 14, § 17852(a)(12), other than a chipping and grinding operation or facility as defined in Cal. Code Regs. Title 14, § 17852(a)(10), that is permitted or authorized under this division; or

(2) A transfer/processing facility or transfer/processing operation as defined in Cal. Code Regs. Title 14, §§ 17402(a)(30) and (31), respectively, that is permitted or authorized under this division; or

(3) A solid waste landfill as defined in Cal. Pub. Res. Code § 40195.1 that is permitted under Cal. Code Regs. Title 27, Division 2.

Article V. Abatement

8.40.430 Abatement of dangerous or insanitary condition.

Every dangerous or insanitary condition found to exist on any premises in the city of Fremont is hereby declared to be a nuisance and may be abated by the community services director or designee in the manner provided in this article. (Ord. 11-2021 § 1, 11-16-21.)

8.40.440 Notice to abate dangerous or insanitary condition.

When the community services director or designee finds that a dangerous or insanitary condition exists upon any premises in the city of Fremont, the community services director or designee may, or upon the instructions of the city council shall, serve a notice upon the owner or person in possession of the premises upon which such condition exists to abate, or cause to be abated, said dangerous or insanitary condition upon such premises. (Ord. 11-2021 § 1, 11-16-21.)

8.40.450 Notice to abate – Contents.

The notice shall particularly specify in ordinary and concise language the facts showing the dangerous or insanitary condition to exist, a description of the premises, and state how it is to be abated, and that if abatement of such dangerous or insanitary condition is not commenced within the time specified in such notice and diligently and without interruption prosecuted to completion, the community services director or designee shall request the city council to order said dangerous or insanitary condition abated and to make the cost of such abatement a lien upon the premises. (Ord. 11-2021 § 1, 11-16-21.)

8.40.460 Notice to abate – Method of service.

Notice to abate may be given by delivering such notice personally to the owner or to the person in possession of the property upon which such dangerous or insanitary condition exists, or by mailing such notice, first-class mail, postage prepaid, properly addressed, to the person in possession of such property, or to the owner thereof, at his/her last known address as the same appears on the last equalized assessment roll of the county or to the name and address of the person owning or in possession of such property as shown in the records of the community services director or designee. The community services director or designee shall deliver a copy of such notice to the city clerk of the city of Fremont. (Ord. 11-2021 § 1, 11-16-21.)

8.40.470 Protest and hearing on notice to abate.

Upon receipt of a copy of such notice the city council shall fix the time and place for a hearing thereon and give notice thereof to the owner or person in possession of such premises. In addition to the matter specified in Section 8.40.450, such notice shall specify the time and place when and where the city council will hear and pass upon objections or protests, if any, which may be raised by the person in possession of such premises, or the owner thereof, or other interested person. Notice of such hearing shall be given to the owner or person in possession of such premises in the manner specified in Section 8.40.460 for the giving of the notice to abate such dangerous or insanitary condition. At the time and place specified in such notice for the hearing, the city council shall hear and pass upon such objections and protests. The hearing may be continued from time to time, and the decision of the city council on all protests and objections shall be final and conclusive. The hearing required by this section shall be in addition to the hearing required by Section 8.40.500. (Ord. 11-2021 § 1, 11-16-21.)

8.40.480 Abatement by community services director or designee on default of owner or person in possession.

At the conclusion of such hearing, if the abatement of such dangerous or insanitary condition has not been commenced and prosecuted to completion with due diligence, as required by the notice to abate or by the city council after the hearing specified in Section 8.40.470, the community services director or designee shall forthwith abate, or cause to be abated, the dangerous or insanitary condition upon such premises, and the cost thereof shall be a lien upon such premises. (Ord. 11-2021 § 1, 11-16-21.)

8.40.490 Notice of cost of abatement.

Upon completion of the abatement of such dangerous or insanitary condition, the community services director or designee shall cause notice of the cost of such abatement to be given in the manner specified in Section 8.40.460, which notice shall specify the time and place when the city council will hear and pass upon the report by the community services director or designee of the cost of abatement, together with any objections or protests, if any, which may be raised by the property owner liable to be assessed for the cost of such abatement and any other interested person. The community services director or designee shall file with the city council a report specifying the work which has been done, the cost of abatement, and a description of the property upon which the dangerous or insanitary condition was abated. (Ord. 11-2021 § 1, 11-16-21.)

8.40.500 Hearing on report – Finality of decision.

At the time and place fixed for the hearing, the city council shall hear and pass upon the report of the community services director or designee, together with any objections or protests which may be raised by the property owner liable to be assessed for such abatement cost and any other interested persons. The city council may make such revision, correction or modification in the report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The city council may adjourn the hearings from time to time, and its decision on all protests and objections which may be made shall be final and conclusive. (Ord. 11-2021 § 1, 11-16-21.)

8.40.510 Assessment of cost of abatement – Lien.

The cost of abatement may be assessed by the city council against the parcel of property upon which the dangerous or insanitary condition was abated, and such cost so assessed, if not paid within five days after its confirmation by the city council, shall constitute a special assessment against the parcel of property and shall be a lien on such property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment is paid or until it is discharged of record. The community services director or designee may file in the office of the county recorder a certificate substantially in the following form, to wit:

NOTICE OF LIEN

Pursuant to the authority vested in me by the Fremont Municipal Code, I did, on the ________ day of ________, 20________, cause the dangerous or insanitary condition to be abated, and the city council of the City of Fremont did, on the ________ day of ________, 20________, by Resolution No. ________, assess the cost of such abatement upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Fremont does hereby claim a lien on said real property in the sum of ________ Dollars ($________) and the same shall be a lien upon said real property until the said sum has been paid in full or discharged of record.

The real property hereinbefore mentioned and upon which such dangerous or insanitary condition was abated and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Fremont, County of Alameda, State of California, and particularly described as follows, to wit:

(insert description)

Dated this ________ day of ________, 20________.

______________

Community Services Director or Designee

(Ord. 11-2021 § 1, 11-16-21.)

8.40.520 Notice of lien – Manner of collection.

From and after the date of the recording of the notice of a lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment roll to the county board of equalization. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such special assessment taxes. (Ord. 11-2021 § 1, 11-16-21.)

Article VI. Enforcement

8.40.530 Enforcement officer.

“Enforcement officer” shall mean the city manager, the officer(s) and health officer named in Section 1.15.050(b)(3)(E) (power of arrest), Chapter 1.15 (Penalty Provisions), and/or any other persons designated by the city manager to administer and enforce the provisions of this chapter. (Ord. 11-2021 § 1, 11-16-21.)

8.40.540 Inspections.

The community services director, the fire chief, and the chief building official or their designees are authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter. (Ord. 11-2021 § 1, 11-16-21.)

8.40.550 Right of entry.

(a) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the community services director or designee or his/her authorized representative 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 community services director or designee or his/her authorized representative may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the community services director or designee by this chapter; provided, that (1) if such building or premises be occupied, he/she shall first present proper credentials and demand entry; and (2) if such building or premises be unoccupied, he/she 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 refused, the community services director or designee or his/her authorized representative shall have recourse to every remedy provided by law to secure entry.

(b) “Authorized representative” shall include the officers named in Section 8.40.540 and their authorized inspection personnel.

(c) 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, to promptly permit entry therein by the community services director or designee or his/her authorized representative for the purpose of inspection and examination pursuant to this chapter. (Ord. 11-2021 § 1, 11-16-21.)

8.40.560 Civil action.

The violation of any of the provisions of this chapter shall also be deemed a nuisance, and civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney. (Ord. 11-2021 § 1, 11-16-21.)

Article VII. Construction and Demolition Debris Diversion and Recycling Requirements

8.40.570 Definitions.

These definitions apply to this article only.

“Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who undertakes any construction, demolition or renovation project within the city.

“Construction” means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

“Construction and demolition debris” (C&D) means materials generated as a result of construction, remodeling, repair or demolition on pavement, houses, commercial buildings and other structures as well as construction job sites, including without limitation discarded packaging, containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste, hazardous waste, and medical and infectious waste. Construction and demolition debris generally contains both municipal solid waste and recyclable materials.

“Conversion rate” means the rate set forth in the standardized conversion rate table approved by the city pursuant to this article for use in estimating the volume or weight of materials.

“Covered project” has the meaning set forth in Section 8.40.580.

“Debris disposal and diversion report” means a report, to be completed and submitted by the applicant at the conclusion of a covered project, which documents the total tonnage of materials generated by the construction or demolition project, and the tons diverted and/or landfilled.

“Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

“Disposal” means the management of solid waste through landfilling or transformation at permitted solid waste facilities.

“Diversion” means activities which reduce or eliminate the amount of solid waste from solid waste disposal for purposes of this code.

“Diversion requirement” means the level of reuse and/or recycling required in the residential mandatory measures and nonresidential mandatory measures, as applicable, as stated in the most current version of the construction waste reduction, disposal and recycling sections of the California Green Building Standards Code. If at any time the city of Fremont chooses to increase the diversion requirement more than these described mandatory measures, the stricter requirement will apply.

“Divert” means to use material for any purpose other than disposal in a landfill, including reuse and recycling.

“Exempt project” has the meaning set forth in Section 8.40.580.

“Project” means any activity involving construction, demolition, or renovation in the city which requires issuance of a demolition permit, building permit or other similar permit from the city. “Project” also includes city public project construction, demolition or renovation.

“Project diversion requirement” means “diversion requirement” as defined in this section or such other diversion requirement as may be established for a project by the WHP compliance official pursuant to the exception process set forth in Section 8.40.610.

“Recycle” or “recycling” has the same meaning as that set forth in Section 8.40.040.

“Renovation” means any change, addition, or modification in an existing structure.

“Reuse” means using an object or material again, either for its original purpose or for a similar purpose, without significantly altering the physical form of the object or material, either on the current construction site or for later reuse off site.

“Salvage” or “deconstruction” means the controlled removal of construction and demolition debris from a construction or demolition site for the purpose of reuse or storage for later recycling or reuse.

“Self-haul” or “self-hauling” means a generator who transports his or her own permitted materials by using a vehicle owned by that generator and driven by the generator or the generator’s employees rather than using the hauling services of the franchise collector or a third-party hauling company.

“Waste handling plan (WHP)” means a documented plan to manage all the materials generated on a project, to be completed and submitted by the applicant or contractor for any covered project prior to issuance of a building permit, demolition permit or other similar city permit.

“WHP compliance official” means the manager of the environmental services division or designee. (Ord. 11-2021 § 1, 11-16-21.)

8.40.580 Threshold for covered projects.

(a) Covered Projects. Covered projects shall be those construction, alteration, renovation, and demolition projects that are subject to the mandatory measures, in the most current version of the construction waste reduction, disposal and recycling sections of the California Green Building Standards Code. Covered residential projects shall be the same projects that are subject to the residential mandatory measures, in the most current version of the construction waste reduction, disposal and recycling sections of the California Green Building Standards Code. Covered nonresidential projects shall be the same projects subject to the nonresidential mandatory measures, as stated in the most current version of the construction waste reduction, disposal and recycling sections of the California Green Building Standards Code.

(b) City-Covered Projects. All city construction, alteration, renovation, or demolition projects shall be subject to the nonresidential mandatory measures, found in the most current version of the construction waste reduction, disposal and recycling sections of the California Green Building Standards Code. Specific diversion requirements for city projects may also be reflected in the bid specifications issued by the city.

(1) Projects where only one of the following separate permits is required:

(A) Roofing replacement.

(B) Electrical, mechanical or plumbing.

(D) Fire sprinkler systems.

(E) Wireless antenna.

(d) While not required, it shall be encouraged that at least 50 percent of all C&D debris from exempt projects be diverted. (Ord. 11-2021 § 1, 11-16-21.)

8.40.590 Submission of waste handling plan (WHP).

(a) Waste Handling Plan. Applicants for demolition, building, encroachment, grading or other similar permits for any covered project shall, prior to issuance of the permit, submit a properly completed waste handling plan (WHP). The completed WHP shall contain all of the following:

(1) The estimated type of C&D debris that the project will generate; and

(2) The estimated type of C&D debris to be diverted or not diverted, listed by each type of material; and

(3) The name of all haulers or facilities that the applicant proposes to use to collect or receive that material; and

(4) Contact information for the applicant, the project address and permit number.

(b) City-Covered Projects. The project manager or contractor of any city-covered project shall submit a properly completed waste handling plan to the WHP compliance official within 10 days of the notice to proceed, prior to or beginning any grading, encroachment, construction or demolition activities.

(c) Deconstruction. In preparing the WHP, applicants for covered projects that involve the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall where feasible make the materials generated available for salvage and reuse prior to demolition. (Ord. 11-2021 § 1, 11-16-21.)

8.40.600 Review of waste handling plan.

(a) Compliance as a Condition of Approval. Compliance with the provisions of this article shall be listed as a condition of approval on any building or demolition permit for a covered project or city-covered project. Failure to include such a condition shall not relieve the applicant from compliance with this article.

(b) WHP Approval Required Prior to Permit Issuance. Notwithstanding any other provision of this code, no building, demolition or other similar permit shall be issued for any covered project unless, and until, the WHP compliance official has approved the WHP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety.

(c) Criteria for WHP Approval. The WHP compliance official shall only approve a WHP if he or she first determines that all of the following conditions have been met:

(1) The WHP provides all of the information set forth in Section 8.40.590; and

(2) The WHP indicates the diversion requirement will be achieved; and

(3) The WHP indicates that the contractor will use either the franchised hauler debris box service or self-haul the construction and demolition debris to approved recycling facilities.

(d) If the WHP compliance official determines that these conditions have been met, he or she shall mark the WHP “approved,” return a copy of the WHP to the applicant, and notify the building division that the WHP has been approved.

(e) WHP Disapproval. If the WHP compliance official determines that the WHP is incomplete or fails to indicate that the diversion requirements will be met, he or she shall:

(1) Return the WHP to the applicant with a statement of reason for disapproval and a request to correct, add to or explain the information, and resubmit for approval. (Ord. 11-2021 § 1, 11-16-21.)

8.40.610 Exception to diversion requirement.

(a) Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exception at the time that he or she submits the WHP. The applicant shall indicate on the WHP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

(b) Meeting With WHP Compliance Official. The WHP compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based on the information supplied by the applicant, the WHP compliance official shall determine whether it is feasible for the applicant to meet the diversion requirement.

(c) Granting of Exception. If the WHP compliance official determines that it is infeasible for the applicant to meet the diversion requirements, he or she shall determine the feasible diversion options, if any, for the project which shall then be incorporated into the WHP as the project diversion requirement. The WHP compliance official shall return a copy of the WHP to the applicant marked “approved for exception” and shall notify the building division that the WHP has been approved.

(d) Denial of Exception. If the WHP compliance official determines that it is feasible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have 10 business days to resubmit a WHP form in full compliance with Section 8.40.600. If the applicant fails to timely resubmit the WHP, or if the resubmitted WHP does not comply with Section 8.40.600, the WHP compliance official shall disapprove the WHP in accordance with Section 8.40.600. (Ord. 11-2021 § 1, 11-16-21.)

8.40.620 Compliance with the diversion requirement.

(a) Documentation. After the completion of any covered project or city-covered project, and as a precondition to issuance of a temporary or final certificate of occupancy by the city, the applicant shall submit to the WHP compliance official documentation that it has met the project diversion requirement as set forth in the WHP. This documentation shall include all of the following:

(1) Contact information for the applicant or contractor, the project name, address and permit number(s);

(2) A debris disposal and diversion report summary listing the total volume or weight generated by the project, actual volume or weight of C&D debris that was diverted by type of material and diversion method, and the actual volume or weight of C&D debris that was landfilled and not diverted; and

(3) Receipts from the approved haulers or facilities which collected or received project C&D debris showing the actual weight or volume of each material, and/or detail reports from the approved facility or vendor that generally match the same materials identified on the WHP; and within the date range that the permit was active; and

(4) To count toward meeting the diversion requirement, the documentation (receipts or detail reports) must include:

(A) Receipts/weight tags from approved haulers or approved recycling facilities;

(B) The city of Fremont officially listed as the city of origin;

(D) Receipts/weight tags that were generated within the date range that the permit was active; and

(5) Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this article.

(b) Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or placed in a landfill are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.

(c) Determination of Compliance. The WHP compliance official shall review the information submitted under subsection (a) of this section and determine whether the applicant has complied with the project diversion requirement, as follows:

(1) Full Compliance. If the WHP compliance official determines that the applicant has fully complied with the project diversion requirement, he or she shall consider the requirement fulfilled.

(2) Good Faith Effort to Comply. If the WHP compliance official determines that the project diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply. In making this determination, the WHP compliance official shall consider any relevant information provided by the applicant regarding the availability of markets for the C&D debris that was not diverted, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the WHP compliance official determines that the applicant has made a good faith effort to comply with this article, he or she shall consider the project diversion requirement fulfilled.

(3) Noncompliance. If the WHP compliance official determines that the applicant has not made a good faith effort to comply with the project diversion requirements, the applicant shall be in violation of this article and shall be subject to enforcement as set forth in Section 8.40.640. (Ord. 11-2021 § 1, 11-16-21.)

8.40.630 Appeal.

An applicant may appeal a determination made by the WHP compliance official under this article to the city manager or person designated by the city manager to hear such appeals. To appeal, the applicant shall file a written appeal with the city clerk within 10 business days after the determination of the WHP compliance official, stating the reasons for the appeal. An appeal is limited to the following issues: (a) the granting or denial of an exception to the diversion requirements; and (b) whether the applicant has made a good faith effort to comply with the project diversion requirements. The city manager or designee shall hear the appeal within 30 calendar days and shall give 10 calendar days’ prior written notice to the applicant of the hearing date and time. Decisions of the city manager or designee shall be final, and the aggrieved party may seek relief from the decision only by complying with the requirements set forth in Section 1.30.010 et seq. (Ord. 11-2021 § 1, 11-16-21.)

8.40.640 Violations.

In addition to the provisions of Article VI of this chapter (Section 8.40.530 et seq.), the following shall apply to violations of this article:

(a) Violation of any provision of this article is an offense subject to all of the provisions of Chapter 1.15 and the administrative remedy provisions of Chapter 1.20.

(b) For purposes of the administrative remedy provisions of this code, failure to fully comply with the hauling requirements, diversion requirements or proper documentation requirements shall result in a citation pursuant to Chapter 1.20.

(c) For purposes of the administrative remedy provisions of this code, the failure to comply or demonstrate good faith efforts to comply with all of the project diversion requirements shall result in a penalty to be assessed at the rate of $1,000 per ton of material that was to be diverted as set forth in the WHP, but was not demonstrated to have been diverted. (Ord. 11-2021 § 1, 11-16-21.)

Article VIII. Expanded Polystyrene Disposable Food Service Ware Prohibited – Recyclable or Compostable Food Service Ware Required

8.40.650 Definitions.

These definitions apply to this article only.

“ASTM-standard” means meeting the standards of the American Society for Testing and Materials (ASTM) International Standard D6400 or D6868 for compostable plastics, as those standards may be amended.

“City facility” means any building, structure, land or park owned or operated by the city of Fremont and its agents and departments and includes city buildings, structures, parks, recreation facilities or property.

“City facility users” means all persons, societies, associations or organizations or special events promoters that require a permit to use a city facility as defined in Chapter 12.20, Parks and Recreation Areas; or that require a special events permit for events which require city services, involve city-owned property such as streets and plazas, closure of public right-of-way or impair emergency vehicle access, and parades, as defined in Chapter 12.25, Special Events and Parades, and including permits to reserve or rent a city facility, including concession contracts with the city and city-managed concessions, city-sponsored events, and food services provided at city expense. These city facility permits also include but are not limited to picnic area reservations, park use application permits, field reservations, rental facilities, historic buildings and senior center rentals, and permits for gatherings and meetings in all parks and recreation areas which include group picnics and organized gatherings, educational, entertainment or recreation for 25 or more persons.

“Compostable” means that all materials in the product or package will biodegrade or otherwise become part of usable compost (e.g., soil conditioning material, mulch) in an appropriate composting program or facility. Compostable disposable food service ware includes ASTM-standard bioplastics (plastic-like) products that are clearly labeled.

“Concession” means any agreement, authorization, license or contract to sell, barter, trade or otherwise to exchange goods or services in the parks and recreation areas of the city of Fremont.

“Disposable food service ware” means single-use disposable product used by food vendors for serving or transporting prepared and ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, lids, trays and hinged or lidded containers. This definition does not include single-use disposable straws, utensils or hot cup lids.

“Expanded polystyrene” means a thermoplastic petrochemical material utilizing the styrene monomer, marked with recycling symbol No. 6, processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene), sometimes referred to as Styrofoam, a Dow Chemical Company trademarked form of polystyrene foam insulation. In food service, expanded polystyrene is generally used to make cups, bowls, plates, trays, and clamshell containers.

“Food vendor” means any establishment located within the city of Fremont, or any establishment which provides prepared food or beverages for public consumption within the city of Fremont, including but not limited to any store, supermarket, delicatessen, restaurant, retail food vendor, sales outlet, shop, cafeteria, catering truck or vehicle, sidewalk or other outdoor vendor, or caterer.

“Prepared food” means any food or beverage prepared for consumption using any cooking, packaging, or food preparation technique by food vendor. Prepared food does not include uncooked meat, fish, poultry, or eggs unless provided for consumption without further food preparation.

“Recyclable” means any material that is accepted by the city recycling program, including, but not limited to, paper, glass, metal, cardboard, and plastic that can be recycled, salvaged, processed, or marketed by any means other than land-filling or burning, whether as fuel or otherwise, so that they are returned to use by society. Recyclable plastics include any plastic which can be feasibly recycled by the city’s municipal recycling program and presently is limited to those plastics with the following recycling symbols: No. 1 – polyethylene terephthalate (PET or PETE); No. 2 – high density polyethylene (HDPE); No. 3 – polyvinyl chloride (PVC); No. 4 – low density polyethylene (LDPE); No. 5 – polypropylene (PP); No. 6 – polystyrene, (except for expanded polystyrene); and No. 7 – other plastics. For purposes of this chapter, recyclable plastic does not include expanded polystyrene labeled with recycling symbol No. 6.

“Special events promoter” means an applicant for any special events permit issued by the city or any city employee(s) responsible for any organized special event within the city of Fremont. (Ord. 11-2021 § 1, 11-16-21.)

8.40.660 Prohibited use of expanded polystyrene disposable food service ware.

(a) Except as provided by Section 8.40.680, Exemptions, all food vendors are prohibited from providing prepared food in disposable food service wares made from expanded polystyrene.

(b) Except as provided by Section 8.40.680, Exemptions, all city facility users are prohibited from using disposable food service wares made from expanded polystyrene. (Ord. 11-2021 § 1, 11-16-21.)

8.40.670 Required use of recyclable or compostable food service ware.

(a) All food vendors using any disposable food service wares shall use a suitable recyclable or compostable product.

(b) All city facility users shall use a suitable recyclable or compostable product for disposable food service wares. (Ord. 11-2021 § 1, 11-16-21.)

8.40.680 Exemptions.

(a) Foods prepackaged outside the limits of the city of Fremont are exempt from the provisions of this article, but the purveyors of foods prepackaged outside of the limits of the city of Fremont are encouraged to follow these provisions as it is a policy goal to eliminate the use of expanded polystyrene for disposable food services wares. The exemption under this subsection does not apply to food vendors as defined, including but not limited to caterers which provide prepared food for public consumption within the city of Fremont.

(b) Coolers and ice chests that are intended for reuse are exempt from the provisions of this article.

(c) The city manager may exempt a food vendor or city facility user from the requirements set forth in Section 8.40.660 or 8.40.670 for a period of time to be determined by the city manager on a case-by-case basis for undue hardship. Undue hardship includes, but is not limited to, situations unique to the food vendor or city facility user not generally applicable to other persons in similar circumstances.

(d) Food vendors and city facility users seeking an exemption shall include all information on the exemption application for the city to make its decision, including but not limited to documentation showing factual support for the claimed exemption. The city manager shall confirm the decision to grant or deny each exemption in writing and may approve an exemption request in whole or in part. The decision of the city manager shall be final.

(e) Emergency Supplies or Services Procurement. City facility users and food vendors shall be exempt from the provisions of this article in a situation deemed by the city manager to be an emergency for the immediate preservation of the public peace, health or safety. (Ord. 11-2021 § 1, 11-16-21.)

8.40.690 Administrative rules and regulations.

The city manager may make such rules and regulations, consistent with the provisions of this article, as may be necessary or desirable to supplement or clarify such provisions or aid in their enforcement. (Ord. 11-2021 § 1, 11-16-21.)

8.40.700 Enforcement and penalties.

(a) The city manager or designee shall issue a written warning to any food vendor or city facility user for a violation of Section 8.40.660 or 8.40.670. If, after issuing a written warning of violation, the city manager finds that the food vendor or city facility user continues to violate the provisions of Section 8.40.660 or 8.40.670, the city manager may impose the various sanctions provided in this section and in Chapter 1.20, Administrative Remedies.

(b) Enforcement and penalties for violations of this article shall be in accordance with Chapter 1.20, Administrative Remedies.

(c) In accordance with Section 1.20.030, Administrative citation, each provision that is violated constitutes a separate offense, and each and every day a violation exists constitutes a separate and distinct offense. All civil penalties assessed by an administrative citation shall be payable to the city of Fremont.

(d) In accordance with Section 1.20.080, Penalties assessed, the civil penalty assessed by administrative citation for violations of this article shall be as follows:

(1) First administrative citation: a fine not exceeding $100.00;

(2) Second administrative citation within one year for violation of the same code section: a fine not exceeding $200.00;

(3) Third or subsequent administrative citation within one year for violation of the same code section: a fine not exceeding $500.00.

(e) Payment of the penalty shall not excuse the violation nor shall it bar further enforcement by the city. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation shall result in the assessment of an additional late fee to be charged. The amount of the late fee shall be 100 percent of the total amount of the administrative penalty owed. The combined penalty and late fee shall not exceed $1,000. (Ord. 11-2021 § 1, 11-16-21.)

8.40.710 Construction and preemption.

This article and any of its provisions shall be null and void upon the adoption of any state or federal law or regulation imposing the same, or essentially the same, limits on the use of prohibited products as set forth in this article. This article is intended to be a proper exercise of the city’s police power, to operate only upon its own officers, agents, employees and facilities and other persons acting within its boundaries, and not to regulate inter-city or interstate commerce. (Ord. 11-2021 § 1, 11-16-21.)

Article IX. Organics Reduction and Recycling Ordinance

8.40.720 Purpose and findings.

(a) The purpose of this article is to comply with certain state laws requiring cities, counties, and special districts providing solid waste collection services to adopt ordinances and take other measures to reduce the amount of organic and recyclable materials deposited in landfills from commercial and residential generators, more specifically the short-lived climate pollutants organic waste reduction regulations adopted pursuant to Senate Bill 1383 (Statutes of 2016) set forth in the California Code of Regulations (the “SB 1383 regulations”).

(b) The city is a member of the Alameda County Waste Management Authority (“WMA”). The WMA is a joint powers agency comprised of all the cities in Alameda County, the county, and two sanitary districts.

(c) The SB 1383 regulations require cities, counties, and special districts providing solid waste collection services to adopt and enforce an ordinance or other enforceable mechanism applicable to residents and businesses generating or processing solid waste to implement relevant provisions of the SB 1383 regulations. In response to this mandate, the WMA’s member agencies requested that it adopt an ordinance to establish a uniform and comprehensive countywide system to establish the local regulations required by the SB 1383 regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations.

(d) On July 28, 2021, the WMA adopted the organics reduction and recycling ordinance (“ORRO”), Ordinance 2021-02. In order for the ORRO to apply in the city, the city must adopt an ordinance declaring that it will apply within the city.

(e) The city wishes the ORRO to apply in the city of Fremont effective January 1, 2022.

(f) The ORRO provides jurisdictions with the option to grant enforcement authority over various provisions to public agencies as specified in the ORRO.

(g) The SB 1383 regulations also require cities, counties, and special districts providing solid waste collection services to adopt and enforce an ordinance or other enforceable mechanism concerning the CALGreen building standards, the model water efficient landscape ordinance, and procurement of recovered organic waste products. These requirements will be addressed in a separate city process. (Ord. 11-2021 § 1, 11-16-21.)

8.40.730 Adopting by reference the Alameda County Waste Management Authority’s ORRO.

The organics reduction and recycling ordinance (ORRO) as adopted by the Alameda County Waste Management Authority on July 28, 2021, and thereafter amended by the Alameda County Waste Management Authority is hereby adopted, as if fully set out in this article. A copy of the ORRO shall be maintained in the office of the city clerk and by viewing at (www.StopWaste.Org/Rules).

The definitions in the ORRO are for the purposes of the ORRO and this article and do not apply to definitions in other sections of this chapter. (Ord. 11-2021 § 1, 11-16-21.)

8.40.740 Enforcement agency authorization.

(a) The WMA is authorized and designated to carry out the enforcement responsibilities specified herein effective January 1, 2022. The city manager is authorized to negotiate and enter into an agreement with the WMA to implement this authorization and designation. City designates the WMA as an enforcement agency for Sections 5, 6, 7, 8, 9(a)(2), 9(b), 10, 11, and 12 of the ORRO. The authority provided by this designation includes the authority to request information or conduct inspections to verify compliance with any of the above sections to support WMA’s enforcement activities.

(b) The authorization and designation above do not limit the city’s authority to independently carry out some or all of the responsibilities designated above. The city retains full authority and discretion to implement and enforce the ORRO and any provisions therein.

(c) The city council delegates the authority to the city manager or designee to negotiate and enter into an agreement delegating certain enforcement duties to the Alameda County department of environmental health (ACDEH), to carry out responsibilities under this chapter and no amendment of this chapter shall be required. (Ord. 11-2021 § 1, 11-16-21.)