Chapter 8.16 INTEGRATED WASTE

The following words, terms and phrases when used in this chapter shall have the meaning ascribed to them in this section except where the context clearly indicates a different meaning. The singular number shall include the plural.

A. “Bin” means a metal container designed or intended to be transported by a roll-off type collection vehicle.

B. “Box” means a metal container designed or intended to be mechanically dumped into a loader packer type collection vehicle.

C. “California Code of Regulations” or “CCR” means the State of California Code of Regulations.

D. “CalRecycle” means California’s Department of Resources Recycling and Recovery.

E. “Cart” means a container with a hinged lid and wheels that is serviced by a semi- automated or fully automated collection vehicle.

F. “Collector” means an agent or employee of the City or any person, firm, corporation or association or the agents or employees thereof, permitted by City franchise, license or otherwise to collect and transport integrated waste in the City.

G. “Commercial” means all retail, professional, wholesale and industrial facilities, and other commercial enterprises, including construction sites.

H. “Container” means a bin, box, cart or other receptacle approved by the City for integrated waste services.

I. “Customer” means a person, business or other entity receiving integrated waste services under this chapter.

J. “Exempt waste” means biohazardous, radioactive, or biomedical waste, hazardous waste, sludge, stable matter, tires, automobiles, boats, boat trailers, internal combustion engines, lead-acid batteries, and those wastes under the control of the Nuclear Regulatory Commission.

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

L. “Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

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

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

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

M. “Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).

N. “Food waste” means those discarded materials that will decompose and/or putrefy including (1) all kitchen and table food waste, (2) animal or vegetable waste that is generated during or results from storage, preparation, cooking or handling of foodstuffs, (3) fruit waste, grain waste, dairy waste, meat and fish waste, (4) paper waste contaminated with food waste, and (5) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of residential dwellings.

O. “Green waste” means vegetative matter resulting from normal yard and landscaping maintenance, including grass clippings, leaves, pruning, weeds, branches, brush, Christmas trees and other forms of organic waste excluding food waste.

P. “Integrated waste” means solid waste, organic waste and recyclables.

Q. “Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

R. “Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site is a single large venue.

S. “Local education agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

T. “Multifamily” means any premises with more than five (5) dwelling units on the parcel.

U. “Organic waste” means food waste, green waste, wood waste, and also fibers such as paper and cardboard.

V. “Recyclables” or “recyclable material” means any items authorized for collection under the City’s recycling program, such as, but not limited to, the following: newspapers, glass bottles and jars, tin, aluminum, plastic and other items which may be added as materials markets are developed.

W. “Residential” means any premises with up to four (4) dwelling units on the parcel.

X. “Solid waste” means solid waste as defined in Public Resources Code Section 40191 and regulations promulgated thereunder. Solid waste does not include source-separated recyclable materials, source-separated organic waste or exempt waste.

Y. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

Z. “Tier one commercial edible food generator” means a commercial edible food generator that is one (1) of the following:

1. Supermarket.

2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

AA. “Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:

1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

2. Hotel with an on-site food facility and two hundred (200) or more rooms.

3. Health facility with an on-site food facility and one hundred (100) or more beds.

4. Large venue.

5. Large event.

6. A State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

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

BB. “Wholesale food vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

(Ord. 2021-08, Amended, 11/02/2021; Ord. 2021-02, Amended, 03/16/2021; Ord. 89-13 §§ 1, 2; Ord. 88-14 § 1: Ord. 80-12 § 1: Ord. 28 § 1, 1950: prior code § 15300)

8.16.015 Overview of integrated waste services.

Integrated waste services shall be provided as set forth in this chapter, code, any franchise agreement or license issued by the City under Section 8.16.290 and applicable state law.

(Ord. 2021-02, Added, 03/16/2021)

8.16.020 Residential containers.

The collector shall provide residential customers a container for solid waste, a container for organic waste, and a container for recyclables. Alternatively, the collector may provide residential customers a container for solid waste, a container for green waste, a container for food waste, and a container for recyclables. The size and type of such containers shall be as specified in the franchise agreement between the City and the collector. The collector may provide additional or different containers as specified in the franchise agreement. Customer shall wheel such containers to the curb or alleyway on the designated day prior to five a.m. on that day, unless collector and customer make alternate arrangements. The collector shall not litter in the process of making collection, nor allow any integrated waste to blow or fall from any vehicle used for collections. The collector shall repair or replace damaged containers as set forth in the franchise agreement. Collection service shall be provided at least as often as set forth in the franchise agreement.

(Ord. 2021-08, Amended, 11/02/2021; Ord. 2021-02, Amended, 03/16/2021; Ord. 2007-10, Amended, 07/17/2007; Ord. 96-06 § 1: Ord. 96-05 § 1: Ord. 88-14 § 2: Ord. 80-12 § 2: Ord. 190 § 1 (part), 1973: Ord. 28 § 2, 1950: prior code § 15301)

8.16.025 Multifamily and commercial containers.

The collector shall provide multifamily and commercial customers a container for solid waste, organic waste, and a container for recyclables. Alternatively, the collector may provide multifamily and commercial customers a container for solid waste, a container for green waste, a container for food waste, and a container for recyclables. The size and type of such containers shall be as specified in the franchise agreement between the City and the collector. The collector may provide additional or different containers as specified in the franchise agreement. Customer shall place such containers for collection on the designated day. The collector shall not litter in the process of making collection, nor allow any integrated waste to blow or fall from any vehicle used for collections. The collector shall repair or replace damaged containers as set forth in the franchise agreement. Collection service shall be provided at least as often as set forth in the franchise agreement. The City may authorize shared services to adjacent or nearby multi-family and commercial parcels as permitted in the franchise agreement. In such event, all benefitted parcels shall be jointly and severally liable for service rates under the provisions set forth in this chapter. All containers shall meet the labeling, color and other requirements of the SB 1383 regulations.

(Ord. 2021-08, Amended, 11/02/2021; Ord. 2021-02, Added, 03/16/2021)

8.16.030 Integrated waste collection rates.

Every person from whom integrated waste is collected under the provisions of this chapter shall pay the rates or charges for integrated waste collection service. The rates and charges shall be set forth in the franchise agreement between the City and collector and subject to maximum rates authorized by ordinance or resolution of the City Council. In addition to such rates or charges, new subscribers may be required to pay a deposit to the City in an amount established by the Finance Department or permitted in the franchise agreement in advance on registering for service. The deposit requirement may be waived or reduced upon a finding of good credit or extreme financial hardship by the Finance Department. For purposes of this section, new subscribers shall include commercial and residential subscribers, excluding tenants of master-metered multifamily buildings, whose service has been discontinued due to nonpayment.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 2009-10, Amended, 07/07/2009; Ord. 2007-10, Amended, 07/17/2007; Ord. 96-13 § 12: Ord. 94-11 § 1: Ord. 84-42 § 1: Ord. 83-1 § 1 (part): Ord. 82-14 § 1 (part): Ord. 80-12 § 3 (part): Ord. 79-5 § 1 (part): Ord. 44 § 1 (part), 1956: Ord. 28 § 12 (part), 1950: prior code § 15311 (part))

8.16.040 Commercial recyclable service.

A. All multifamily customers and commercial customers shall subscribe to commercial recyclables service from the collector, unless otherwise exempted per subsection M of this section.

B. The City shall have the right to review the number and size of a customer’s containers and frequency of collection to evaluate adequacy of capacity provided for the collection service of recyclables and for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the City. All multifamily customers and commercial customers must place designated materials in their designated containers.

C. All multifamily customers and commercial customers shall supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the City’s container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Section 8.16.310.

D. Excluding multifamily residential dwellings, commercial businesses shall provide containers for the collection of recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

E. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection C of this section pursuant to 14 CCR Section 18984.9(b).

F. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, customer shall prohibit employees from placing materials in a container not designated for those materials, or if recycling organics on site or self-hauling under Section 8.16.310 per the commercial business’s instructions to support its compliance with its on-site recycling or self-haul program.

G. Excluding multifamily residential dwellings, customer shall periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

H. Customer shall annually provide information to employees, contractors, tenants, and customers about proper sorting of recyclable materials.

I. Customer shall provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep solid waste, green waste, food waste, and recyclables separated as required by the City and the location of containers and the rules governing their use at each property.

J. Customer shall provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with Section 8.16.335 to confirm compliance with the requirements of this chapter.

K. Customer shall accommodate and cooperate with City’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate customer’s compliance with Section 8.16.335. The remote monitoring program shall involve installation of remote monitoring equipment on or in the containers.

L. If a commercial business wants to self-haul, it must meet the self-hauler requirements in Section 8.16.310.

M. A customer subject to this section may request a waiver by submitting an application on a form prescribed by the Public Works Director. After reviewing the waiver request, the Public Works Director shall either approve, conditionally approve or disapprove the waiver request. To be eligible for a waiver from requirements of this section, the business must demonstrate and the City must be able to verify at least one (1) of the following:

1. There are no recyclable materials being generated by any activities of the customer;

2. There is inadequate storage space for recyclable containers as determined by the City;

3. There is no viable market for the recycling materials or recycling facility available.

Customers receiving a waiver must notify the City if the circumstances justifying a waiver change. Moreover, waivers shall be renewed or verified at least every five (5) years.

(Ord. 2021-08, Amended, 11/02/2021; Ord. 2021-02, Added, 03/16/2021)

8.16.045 Residential organic waste service.

Residential customers shall subscribe to the City’s organic waste collection services for all organic waste generated and place designated materials in their designated containers. The City shall have the right to review the number and size of a customer’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, residential customers shall adjust their service level for their collection services as requested by the City.

(Ord. 2021-08, Added, 11/02/2021)

8.16.050 Multifamily and commercial organic waste service.

A. All multifamily customers and commercial customers shall subscribe to organic waste service from the collector.

B. With the exception of self-haulers subject to Section 8.16.310, all multifamily and commercial customers shall participate in the City’s organic waste collection services by placing designated materials in their designated containers. Customers shall not place designated materials into a container for which that specific material is not permitted.

C. The City shall have the right to review the number and size of a customer’s containers and frequency of collection to evaluate adequacy of capacity provided for the collection service of organic waste and for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the City.

D. All multifamily customers and commercial customers shall supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the City’s container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with Section 8.16.310.

E. Excluding multifamily residential dwellings, commercial businesses shall provide containers for the collection of organic waste in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

F. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements in subsection D of this section pursuant to 14 CCR Section 18984.9(b).

G. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, customer shall prohibit employees from placing materials in a container not designated for those materials, or if recycling organics on site or self-hauling under Section 8.16.310 per the commercial business’s instructions to support its compliance with its on-site recycling or self-haul program.

H. Excluding multifamily residential dwellings, customer shall periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

I. Customer shall annually provide information to employees, contractors, tenants, and customers about proper sorting of organic waste.

J. Customer shall provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep solid waste, green waste, food waste, and recyclables separated as required by the City and the location of containers and the rules governing their use at each property.

K. Customer shall provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with Section 8.16.335 to confirm compliance with the requirements of this chapter.

L. Customer shall accommodate and cooperate with City’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate customer’s compliance with Section 8.16.335. The remote monitoring program shall involve installation of remote monitoring equipment on or in the containers.

M. If a commercial business wants to self-haul, it must meet the self-hauler requirements in Section 8.16.310.

N. Nothing in this section prohibits a customer from preventing or reducing waste generation, managing organic waste on site, or using a community composting site, once approved by City.

O. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.16.080.

P. A customer subject to this section may request a waiver by submitting an application on a form prescribed by the Public Works Director. After reviewing the waiver request, the Public Works Director shall either approve, conditionally approve, or disapprove the waiver request. To be eligible for a waiver from requirements of this section, the business must demonstrate that:

1. The customer qualifies for a de minimis waiver under 14 CCR Section 18984.11;

2. There is inadequate storage space for organic waste containers as determined by the City, a collector, a licensed architect, or a licensed engineer;

3. The customer has alternative green waste collection as described in Section 8.16.290(B);

4. The customer utilizes alternative food waste recovery programs and services approved by the City.

Q. Customers receiving a waiver must notify the City if the circumstances justifying a waiver change. Moreover, waivers shall be renewed or verified at least every five (5) years.

(Ord. 2021-08, Amended, 11/02/2021; Ord. 2021-02, Added, 03/16/2021)

8.16.070 Special pickup rates.

Collector shall provide special haul or recyclable service (collection of items not capable of, or allowed for, disposal in regular weekly pickups) to all occupants of premises within the collection area, at rates to be agreed upon between collector and occupant. However, collector shall provide free or discounted special haul service to the extent required in the franchise agreement.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 88-14 § 6: Ord. 84-42 § 5: Ord. 83-20 § 1 (part): Ord. 82-14 § 1 (part): Ord. 80-12 § 3 (part): Ord. 79-5 § 1 (part): Ord. 28 § 12(f), 1950: prior code § 15311(g))

8.16.080 Requirements for commercial edible food generators.

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

B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

C. Commercial edible food generators shall comply with the following requirements:

1. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

2. Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

3. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

c. A record of the following information for each of those food recovery services or food recovery organizations:

i. The name, address and contact information of the food recovery service or food recovery organization.

ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

iii. The established frequency that food will be collected or self-hauled.

iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557, Chapter 557, Statutes of 2017.

(Ord. 2021-08, Added, 11/02/2021)

8.16.090 Requirements for food recovery organizations and services.

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section18991.5(a)(2):

1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

2. The quantity in pounds of edible food received from each commercial edible food generator per month.

3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

C. Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one (1) or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 31st annually.

D. Food Recovery Capacity Planning.

1. Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other studies, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within sixty (60) days, unless a shorter time frame is otherwise specified by the City.

(Ord. 2021-08, Added, 11/02/2021)

8.16.100 Credits for absence.

For periods of absence, during which regular weekly pickups need not be made, which exceed two (2) weeks, any occupant who provides at least twenty-four (24) hours’ notice to City of such absence, shall be provided a credit for the period of noncollection. Upon return, the occupant shall be responsible for notifying City within twenty-four (24) hours of such return and the necessity of recommencing collection. Credit may only be granted if in conjunction with discontinuance of water services pursuant to Section 13.04.050.

(Ord. 2007-10, Amended, 07/17/2007; Ord. 88-14 § 9: Ord. 80-12 § 3 (part): Ord. 79-5 § 1 (part): Ord. 172 § 1, 1972: Ord. 28 § 12(i), 1950: prior code § 15311(j))

8.16.120 Bills - payable when.

The billing period will cover one (1) month in the arrears and one (1) month in advance. Bills are due on receipt. Payment of bills shall be in cash and where payment is made by check or any other payment method, acceptance of the check or other payment method does not constitute payment until honored by the bank drawn upon. If the check, or other non-cash transaction, is dishonored or payment is declined, it will be considered as if no payment has been made.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 2007-10, Amended, 07/17/2007; Ord. 96-13 §§ 13, 14; Ord. 86-17 § 1: Ord. 85-2 § 1: Ord. 80-12 § 3 (part): prior code § 15311(m))

8.16.125 Property owners responsible for bills.

A. Commercial property owners and owners of all master-metered multifamily buildings shall be responsible to collector for all bills for integrated waste service provided to their premises and any and all unpaid bills for integrated waste service shall become a lien or special assessment on the real property and may be collectible by legal action or by refusal of service to the premises until the account is paid in full, or by application of all or a portion of the deposit amount set forth in this chapter to the unpaid bill, or by combination of these methods.

B. The applicant for integrated waste collection service for residential and multifamily property, excluding master-metered multifamily, who may be either the property owner or tenant, shall be responsible for all bills for integrated waste service provided to their premises and any and all unpaid bills for such service. Unpaid bills may be collected by the finance department or by collector using any lawful method, which may include legal action, refusing service to the premises until the account is paid in full or placing a lien or special assessment on the real property. In addition, in the event of tenant nonpayment of all or a portion of the bill, the deposit provided for in this chapter shall be applied to the final bill issued when service is terminated.

C. When service has been discontinued for nonpayment, a charge as established by resolution of the City Council as adopted from time to time must be paid in addition to the bill before service will be restored. In addition, in the event the Finance Department has applied any portion of the deposit to unpaid bills, prior to the restoration of service the applicant may be required to replenish the deposit up to the maximum amount provided in this chapter. The deposit requirement may be waived or reduced upon a finding of good credit or extreme financial hardship by the Finance Department.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 2009-10, Amended, 07/07/2009; Ord. 96-13 § 15; Ord. 88-14 § 10: Ord. 86-17 § 2)

8.16.130 Bills - delinquency.

In addition, all bills are due on receipt and become delinquent on the fifth day of the calendar month following the billing period for which the bill is rendered. Upon delinquency, a penalty of ten percent (10%) of the delinquent amount shall be charged. However, only one (1) penalty of ten percent (10%) of the delinquent amount per billing period will apply. Upon application to the Director of Finance by any person to whom a penalty is assessed, the Director of Finance or designee may waive or refund a penalty upon showing of excusable neglect, error by parties other than the person to whom the penalty is assessed, or extreme hardship. Such application must be made within thirty (30) days of the assessment of the penalty. A refusal to waive or refund a penalty, after application is made, may be appealed by submission of a written appeal hearing request to the City Clerk. Such hearing shall be set and conducted pursuant to Chapter 21.03. The decision of the Hearing Officer shall be final.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 2006-07, Amended, 06/06/2006; Ord. 96-13 § 16: Ord. 94-11 § 2: Ord. 86-17 § 3: Ord. 85-2 § 2: Ord. 81-13 § 2: Ord. 80-12 § 3 (part): Ord. 80-10 § 5: Ord. 229 § 2, 1975: prior code § 15311(n))

8.16.135 Proration of charges.

When service is rendered for a period of less than one (1) month, due to registering or terminating service, the charge will be prorated for the time service was rendered.

(Ord. 94-11 § 3: Ord. 85-2 § 3)

8.16.150 Residential and commercial containers - location.

Residential containers must be placed at curbside or as close as reasonably possible but in no event any distance exceeding three (3) feet or in the alley if appropriate; not to obstruct any drainage ditch, culvert, waterway, sidewalk, mailbox or regularly traveled footpath. Commercial containers will be placed at a location agreed to by the customer and collector, subject to locations approved by City Planning. Residential integrated waste containers may not be left at curbside, or in any location visible from a public or private street or road, for over thirty (30) hours.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 2007-10, Amended, 07/17/2007; Ord. 88-14 § 12: Ord. 82-14 § 1 (part): Ord. 80-12 § 3 (part): Ord. 79-5 § 1 (part): Ord. 28 § 12(c), 1950: prior code § 15311(c))

8.16.160 Pickup of dead animals.

As set forth in the franchise agreement, the collector shall pick up any dead animals within the City limits of the City within twelve (12) hours after being requested to do so by the City, provided said animal does not exceed sixty (60) pounds in weight. The collector may charge the City such rates for pickup as set forth in the franchise agreement.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 2007-10, Amended, 07/17/2007; Ord. 80-12 § 3 (part): Ord. 79-5 § 1 (part): Ord. 44 § 1 (part), 1956: Ord. 28 § 12(k), 1950: prior code § 15311(l))

8.16.170 Nonpayment of service unlawful.

It is unlawful for any person having integrated waste collected and disposed of, as provided in this chapter, to willfully fail, neglect or refuse to pay to the City or collector the rate provided in this chapter to be paid for such service.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 28 § 13, 1950: prior code § 15312)

8.16.180 Contract or agreement with collector - insurance for collector required.

The City Council may let contracts or enter into franchise agreements with any person, firm, or corporation for the removal of integrated waste. Such contract or agreement so entered into may be revoked at any time by the City Council for noncompliance with the terms of this chapter subject to the provisions of such contract or agreement. The said collector shall be required to procure insurance to cover the collector, the City, and all of the City employees and agents engaged in any business connected with the removal of integrated waste matters, to the extent and in the amounts as the City Council shall require.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 28 § 14, 1950: prior code § 15313 (part))

8.16.200 City disposal and processing regulations.

A. The collector shall dispose of all solid waste in a properly permitted transfer station, landfill or other proper disposal site.

B. Recyclables and organic waste shall be diverted from disposal as set forth in the applicable franchise agreement and consistent with applicable law, including the SB 1383 regulations.

C. Requirements for Facility Operators and Community Composting Operations.

1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) days.

2. Community composting operators, upon the City’s request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within sixty (60) days.

(Ord. 2021-08, Amended, 11/02/2021; Ord. 2021-02, Amended, 03/16/2021; Ord. 28 § 16, 1950: prior code § 15315)

8.16.210 Unlawful deposits - generally.

It is unlawful for any person in the City to throw or deposit any integrated waste or to cause the same to be thrown or deposited upon any street, alley, gutter, park, or other public way or to throw or deposit the same in or upon any premises or vacant lots or to store or keep the same except in containers as required by this chapter. Nothing contained in this section shall prohibit the storing of occasional excess integrated waste in barrels, boxes or other proper receptacles adjacent to the garbage container while awaiting the regular collection, subject to the approval of the Cosumnes Community Services District. It is unlawful to store, deposit or keep solid waste in any place where rodents can have access thereto or feed thereon.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 2003-02, Amended, 02/04/2003; Ord. 28 § 3, 1950: prior code § 15302)

8.16.220 Unlawful deposits - within City limits or four hundred (400) yards thereof.

It is unlawful for any person to deposit any integrated waste within the City limits or within four hundred (400) yards thereof, except in accordance with the provisions of this chapter.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 28 § 4, 1950: prior code § 15303)

8.16.230 Burning integrated waste within City unlawful - exception.

It is unlawful for any person, firm, or corporation to burn solid or organic waste at any place within the City; provided, however, that the provisions of this section shall not apply to the burning of dry green waste between the hours of six a.m. and nine a.m. and five p.m. and sundown every day except Sunday in accordance with the provisions of any fire prevention code of the City, when such burning is not attended by dense smoke or offensive odors. No burning shall be permitted when prohibited by the Sacramento Metropolitan Air Quality Management District or other applicable regulatory authority.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 28 § 5, 1950: prior code § 15304)

8.16.240 Burying integrated waste within City unlawful.

It is unlawful for any person to bury integrated waste at any place within the City.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 28 § 6, 1950: prior code § 15305)

8.16.260 Disposal of solid waste carrying contagious substances.

All solid waste, such as rags, used clothing, bedding, mattresses, shoes and other material which may carry infectious or contagious substances or communicable diseases shall be taken as directly as possible on the day of collection to the place of disposal. The collector is not responsible to determine whether or not these materials contain contagious substances but shall not retain any material of this character nor carry the same to any premises for storage, segregation or use when identified by others.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 28 § 8, 1950: prior code § 15307)

8.16.270 Vehicles transporting integrated waste.

Every vehicle used for the collection of integrated waste shall have a metal lined body and shall be operated so as to prevent the contents from falling or spilling therefrom. From the time the last pickup is made and until the vehicle reaches the applicable disposal or processing facility, the contents thereof shall be covered. Each vehicle shall be well painted and shall be kept in a clean and sanitary condition.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 96-06 § 4: Ord. 28 § 9, 1950: prior code § 15308)

8.16.280 Public Works Director to supervise collection.

The Public Works Director is authorized to supervise the collection and disposal of integrated waste in the City. The Public Works Director shall receive and investigate all complaints and endeavor to improve and extend integrated waste collection service. All disputes between the collector and customers concerning charges, service or any other matter not otherwise delegated in the applicable franchise agreement shall be decided by the Public Works Director and his or her decision shall be final.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 190 § 1 (part), 1973; Ord. 28 § 10, 1950: prior code § 15309)

8.16.290 License required for integrated waste collection.

It is unlawful for any person, firm, corporation, or association to collect integrated waste within the City or transport the same through the streets, alleys and public ways of the City unless such person, firm, corporation, or association has been permitted to do so by license, contract or otherwise. This requirement shall not apply to the sale or donation of recyclables or organic waste as required by applicable law. It further shall not apply to the following:

A. Nonprofit agencies and organizations conducting holiday tree collection as permitted by the Public Works Director;

B. Green waste removed from a premises by a gardening, landscaping or tree trimming company as an incidental part of a total service offered by such company;

C. Integrated waste generated from construction and demolition work that is originally generated by a licensed contractor performing construction and/or demolition services within the scope of the contractor’s license and is collected, recycled, or disposed by the same licensed contractor performing services within the scope of the contractor’s license (e.g., a roofing company installing a new roof and removing the old roof), using equipment owned by the contractor and not through the use of a separate hauler;

D. Large and bulky solid waste removed from an occupied premises by a property cleanup or maintenance company as an incidental part of the total cleanup or maintenance service offered by the company rather than as a hauling service; and

E. Animal waste and remains from slaughterhouses or butcher shops for use as tallow.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 28 § 11 (part), 1950: prior code § 15313 (part))

8.16.300 Integrated waste collection compulsory.

Every tenant, lessee, occupant, keeper, manager, or owner of any residential, multifamily and commercial premises shall be responsible for the regular collection and source separation of integrated waste from such premises by the collector, and shall also be responsible for the payment of all collection services by said authorized collector. Contamination in any container shall be prohibited, and subject to City enforcement, including penalties.

(Ord. 2021-08, Amended, 11/02/2021; Ord. 2021-02, Amended, 03/16/2021; Ord. 88-14 § 13: Ord. 84-9 § 1 (part))

8.16.310 Self-hauling of integrated waste.

A. Nothing in this chapter shall be construed to prohibit any person from hauling recyclables, organic waste, and solid waste in his, her or their own vehicle in a manner so as to prevent the contents from falling or spilling therefrom, and depositing the same at a proper disposal or processing facility as set forth in this chapter. Such persons shall first obtain City approval to self-haul and file a report of all self-hauling, compliant with SB 1383 regulations, with the Public Works Director.

B. Self-haulers shall source separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility.

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

D. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the City. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

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

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

E. Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in Section 8.16.335 to the City if requested.

F. A residential organic waste customer that self-hauls organic waste is not required to record or report information in Section 8.16.335.

(Ord. 2021-08, Amended, 11/02/2021; Ord. 2021-02, Amended, 03/16/2021; Ord. 28 § 11 (part), 1950: prior code § 15310 (part))

8.16.330 Disposing of solid or organic waste to eliminate fire or health hazard.

Nothing in this chapter shall be construed to prohibit any person from removing and disposing of solid or organic waste when ordered so to do by the Chief of Police or the Health Officer of the County or his or her authorized representative in order to eliminate a fire hazard or a health menace immediately.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 28 § 11 (part), 1950: prior code § 15310 (part))

8.16.335 Inspections and investigations.

A. City representatives and/or its designated entity are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from customers, or source separated materials to confirm compliance with this chapter by organic waste customers, commercial and multifamily customers, property owners, commercial edible food generators, self-haulers, hauler, food recovery service, and food recovery organizations, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this chapter, the City may conduct container inspections for prohibited container contaminants using remote monitoring, if implemented by City.

B. The regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.16.340.

(Ord. 2021-08, Added, 11/02/2021)

8.16.340 Violation.

Violation of any of the provisions of this chapter is unlawful and an offense. Such violations are punishable as provided by Chapter 21.01. Any fines imposed shall meet the minimum amounts required by applicable law, including the SB 1383 regulations.

(Ord. 2021-08, Amended, 11/02/2021; Ord. 2021-02, Amended, 03/16/2021; Ord. 2006-07, Amended, 06/06/2006; Ord. 92-04 § 14: Ord. 28 § 17, 1950)

8.16.350 Scavenging with prohibited.

No person shall tamper or meddle with any container. No person other than the owner thereof, his or her agents or employees, or the City, or the collector or other authorized person shall remove the contents from any container. Title to solid waste passes to the collector upon the placement of such waste in the collector’s vehicle. Title to recyclables and organic waste passes to the collector upon the placement of the container for collection.

(Ord. 2021-02, Amended, 03/16/2021; Ord. 89-13 § 3)

8.16.360 List of materials accepted in source separated containers for solid waste, recyclable materials, and organic waste.*

A. Solid Waste. “Solid waste” means solid waste as defined in Public Resources Code Section 40191 and regulations promulgated thereunder. Solid waste does not include source separated recyclable materials, source separated organic waste or exempt waste.

B. Recyclables. “Recyclables” or “recyclable material” means any items authorized for collection under the City’s recycling program, such as, but not limited to:

1. Paper: newspaper, paper bags, cardboard, magazines/catalogs, office paper, mail/envelopes, gift wrap (paper only), cereal boxes.

2. Plastics: labeled for recycling (must be empty and clean Nos. 1 through 7); beverage and condiment bottles; clear take out containers; detergent containers; and buckets.

3. Glass (must be empty and clean): bottles and jars of any color.

4. Aluminum and metal (must be empty and clean): cans made of aluminum, tin, steel, small pieces of sheet metal, metal caps, lids from bottles, metal pots, pans, cookware, and clean aluminum foil.

C. Organic Waste.

1. “Organic waste” includes food waste (per below), green waste (per below), wood waste (untreated), and also fibers such as paper and cardboard.

2. “Food waste” means those discarded materials that will decompose and/or putrefy including: (a) all kitchen and table food waste; (b) animal or vegetable waste that is generated during or results from storage, preparation, cooking or handling of foodstuffs; (c) fruit waste, grain waste, dairy waste, meat and fish waste; (d) paper waste contaminated with food waste; and (e) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of residential dwellings.

3. “Green waste” means vegetative matter resulting from normal yard and landscaping maintenance, including: grass clippings, leaves, pruning, weeds, branches, brush, Christmas trees, tree limbs less than six (6) inches in diameter, and other forms of organic waste excluding food waste.

(Ord. 2021-08 (Exh. B), Added, 11/02/2021)

* Editor’s Note: Ord. 2021-08 Section 2 provides that this list may be modified by the Public Works Director in consultation with the solid waste franchisee.