Chapter 7.20
SOLID WASTE COLLECTION, RECYCLING AND DISPOSAL
Sections:
7.20.030 Duty to subscribe to solid waste collection service.
7.20.040 Duty to properly sort, store, and dispose of solid waste.
7.20.050 Maintenance and use of collection containers.
7.20.060 Additional requirements for commercial business generators.
7.20.070 Ownership of materials.
7.20.080 Disposal and handling of exempt waste.
7.20.090 Waivers for commercial business generators.
7.20.100 Self-hauler exemption.
7.20.110 Franchise to collect solid waste.
7.20.120 Inspections and investigations.
7.20.010 Purpose.
A. This chapter and Chapter 7.21 are determined and declared to be a health, sanitary and safety measure necessary for the promotion, protection and preservation of the health, safety and general welfare of the people of the city of Half Moon Bay.
B. Assembly Bill 939, the California Integrated Waste Management Act (Sher, Chapter 1095, Statutes of 1989, as amended) (“AB 939”), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment. AB 939 requires that by and after January 1, 2000, fifty percent of the solid waste generated must be diverted through source reduction, recycling, and composting activities.
C. Assembly Bill 341, the California Mandatory Commercial Recycling law (Chesbro, Chapter 476, Statutes of 2011) (“AB 341”), places requirements on businesses and multifamily generators that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.
D. Assembly Bill 1826, the California Mandatory Commercial Organics Recycling law (Chesbro, Chapter 727, Statutes of 2014) (“AB 1826”), requires businesses and multifamily generators that generate a specified threshold amount of solid waste, nonorganic recyclables, and organic waste per week to arrange for recycling services for those materials, requires jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organic waste recycling program.
E. Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016 (Lara, Chapter 395, Statutes of 2016) (“SB 1383”), sets statewide organic waste disposal reduction targets of fifty percent by 2020 and seventy-five percent by 2025, based on the 2014 organic waste disposal baseline. SB 1383’s implementing regulations place requirements on multiple entities including jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets. SB 1383’s implementing regulations require jurisdictions to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of SB 1383’s implementing regulations.
F. The city has coordinated with the county of San Mateo and other jurisdictions in the county to develop uniform provisions for the portions of this chapter and Chapter 7.21 addressing edible food recovery. The city has determined that this coordination will simplify compliance for businesses, promote food recovery in the city, and facilitate edible food recovery capacity planning.
G. Pursuant to 14 CFR Section 18981.2, jurisdictions may delegate certain responsibilities for implementing, monitoring, and enforcing their edible food recovery programs to public or private entities.
H. This chapter and Chapter 7.21 will aid the city in meeting the goals and requirements of AB 341, AB 939, AB 1826, SB 1383 and its implementing regulations, and related laws; aid in preserving landfill space and postponing the need for new landfill capacity for the longest term possible; reduce the amount of solid waste deposited in landfills from commercial and residential generators; and reduce food insecurity.
I. The city may adopt, implement, and enforce a local solid waste recycling requirement that is more stringent or comprehensive than state law. (Ord. C-2021-04 §2(Att. A(1)), 2021).
7.20.020 Definitions.
A. “Back-haul” means a commercial business generating and transporting source separated nonorganic recyclable materials and/or source separated organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
B. “Biohazardous” or “biomedical waste” means any waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, and contaminated clothing and surgical gloves.
C. “Blue container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated nonorganic recyclable materials.
D. “Business,” “commercial,” and “commercial business” mean a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit entity or nonprofit entity, or a multifamily residential property.
E. “California Code of Regulations” or “CCR” means the state of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR).
F. “City” means the city of Half Moon Bay.
G. “Collection containers” refers to carts, bins, debris boxes, and other storage equipment provided by a solid waste collector to a generator for the purposes of collection by that solid waste collector.
H. “Collection station” refers to a location with containers for collection of source separated garbage, nonorganic recyclables and/or organic waste.
I. “Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in this chapter. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.
J. “Community composting” means any activity that composts green waste, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).
K. “Compliance review” means a review of records by the city and/or its designee to determine compliance with this chapter and Chapter 7.21.
L. “Compost” means the product resulting from the controlled biological decomposition of organic waste that is source separated from the solid waste stream, or which is separated at a centralized facility, or as otherwise defined in 14 CCR Section 17896.2(a)(4).
M. “Compostable plastics” means items, such as bags, utensils, and foodware, that will break down or otherwise become part of usable compost in a safe and timely manner. Compostable plastics must be certified by the Biodegradable Products Institute (BPI) or by another independent third party approved by the city and/or its designee.
N. “Construction and demolition waste” or “C&D waste” means nonhazardous waste resulting from the construction, remodeling, alteration, repair, or demolition of buildings and other structures that is subject to Chapter 14.50.
O. “California Redemption Value beverage containers” or “CRV beverage containers” means bottles and cans that are accepted in California’s Beverage Container Recycling Program.
P. “Debris box” means a container without compaction normally tip-loaded onto a motor vehicle and transported to an appropriate facility. Debris boxes may be used for the collection of nonorganic recyclables, organic waste, garbage, or construction and demolition waste.
Q. “Designee” means an entity that the city contracts with or otherwise arranges to carry out or assist with any of the city’s responsibilities for compliance with solid waste related laws as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
R. “Designee for edible food recovery” means the San Mateo County office of sustainability with which the city has a memorandum of understanding for the purposes of edible food recovery including, but not limited to, inspection, investigation, and enforcement of the edible food recovery provisions of Chapter 7.21. Contact information for the designee for edible food recovery can be found on the San Mateo County office of sustainability website. If either the San Mateo County office of sustainability or the city decides to terminate the memorandum of understanding, the city may designate another entity as the designee for edible food recovery.
S. “Edible food” means food intended for and fit for human consumption and collected or received from a tier one or tier two commercial edible food generator. For the purposes of this chapter and Chapter 7.21, “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter, Chapter 7.21 or 14 CCR Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
T. “Edible food recovery” means actions to collect, receive, and/or redistribute edible food for human consumption from tier one and tier two commercial edible food generators that otherwise would be disposed of.
U. “Exempt waste” means construction and demolition waste; biomedical waste; hazardous materials; sewage and other highly diluted water-carried materials or substances and those in gaseous form; fats, oils, and grease when such materials are source separated; ash and inflammable or explosive materials; automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines; medicine; wastes under the control of the Nuclear Regulatory Commission; anything characterized as volatile, corrosive, or infectious; and toxic substances or materials that facility operators that receive materials from the city and its generators reasonably believe would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance.
V. “Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
W. “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
X. “Food recovery organization” means an entity that engages in the collection or receipt of edible food from tier one or tier two commercial edible food generators and distributes that edible food either directly or through other entities, including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter, Chapter 7.21 and implementation of 14 CCR Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
Y. “Food recovery service” means a person or entity that collects and transports edible food from a tier one or tier two commercial edible food generator to a food recovery organization or other entities for edible food recovery. A food recovery service is not a commercial edible food generator for the purposes of this chapter, Chapter 7.21 and implementation of 14 CCR Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
Z. “Food service provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
AA. “Food-soiled paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, uncoated paper plates, napkins, paper towels, and pizza boxes.
BB. “Food waste” means all food and trimmings and other putrescible waste that result from food production, preparation, storage, consumption, or handling. Food waste includes but is not limited to meat, seafood, shellfish, bones, fish and dairy waste, fruit and vegetable waste, rice, beans, pasta, bread, cheese, eggshells, grain waste, and stable matter. Food waste excludes fats, oils, and grease when such materials are source separated from other waste.
CC. “Franchisee” means an individual, association, firm, organization or other commercial business who has entered into a franchise agreement with the city, whether or not said entity is operated for profit, for the collection of solid waste, or subsets of solid waste, within the city.
DD. “Garbage” means all discarded materials, substances, or objects including but not restricted to materials commonly referred to as “trash,” “garbage,” “refuse” and “rubbish” that are generated by generators within the city, excluding (1) exempt waste, (2) nonorganic recyclable materials, and (3) organic waste.
EE. “Generator” means every entity that produces, keeps, deposits, places, or accumulates solid waste (or allows for the occurrence of same) within the city of Half Moon Bay, except local education agencies and nonlocal entities. “Generate” means the production, keeping, deposit, placing, or accumulation of solid waste in the city.
FF. “Gray container” has the same meaning as in 14 CCR Section 18982(a)(28), and which may be colored gray or black, and shall be used for the purpose of storage and collection of garbage.
GG. “Green container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste.
HH. “Green waste” means any vegetative matter resulting from normal yard and landscaping maintenance. Green waste includes plant debris, such as palm, yucca and cactus, ivy, grass clippings, leaves, pruning, weeds, branches, brush, Christmas trees, and other forms of vegetative waste.
II. “Greenhouse gas (GHG)” means carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and other fluorinated greenhouse gases.
JJ. “Greenhouse gas emission reduction” or “greenhouse gas reduction” means actions designed to achieve a calculated decrease in greenhouse gas emissions over time.
KK. “Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.
LL. “Hauler route” means the designated daily itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
MM. “Hazardous materials” or “hazardous waste” means any material which is defined, regulated or listed as “hazardous,” “toxic,” a “pollutant,” or words of similar import waste under California or United States law or any regulations promulgated pursuant to such law, as such state or federal law or regulations may be amended from time to time; and “designated waste” as defined in California Water Code Section 13173.
NN. “Health facility” has the same meaning as in Section 1250 of the Health and Safety Code.
OO. “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.
PP. “Inspect” or “inspection” means the city’s and/or its designee’s electronic or on-site visit and review of generator’s records, collection containers, and collection, handling, recycling, or landfill disposal of solid waste and/or edible food handling to determine if the entity is complying with requirements set forth in this chapter, Chapter 7.21 or as otherwise defined in 14 CCR Section 18982(a)(35). For the purposes of edible food recovery, “inspection” means actions to review contracts and other records related to the recovery of edible food, and may occur off site via email and other forms of electronic communication, as well as the on-site review of an entity’s records and collection, handling, and other procedures for the recovery of edible food to determine if the entity is complying with the requirements of this chapter.
QQ. “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 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. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter and Chapter 7.21.
RR. “Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter, Chapter 7.21, and implementation of 14 CCR Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter, Chapter 7.21 and implementation of 14 CCR Division 7, Chapter 12, 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter and Chapter 7.21.
SS. “Local education agency” means a school district, charter school, or county office of education that is not subject to the control of city regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
TT. “Multifamily residential property” or “multifamily” means any premises, excluding a hotel, motel, or lodging house, used for residential purposes containing five dwelling units or more, irrespective of whether the residency is transient, temporary, or permanent.
UU. “Nonlocal entity” means an entity not subject to the control of the city or county regulations related to solid waste. These entities may include, but are not limited to, special districts, federal facilities, prisons, facilities operated by the state parks system, public universities, including community colleges, county fairgrounds, and state agencies.
VV. “Nonorganic recyclables” or “nonorganic recyclable materials” means nonputrescible materials that can be returned to economic use as raw materials for new, reused or reconstituted products. Examples include, but are not limited to, cans, glass, certain types of plastic, metals, and automobile oil.
WW. “Notice of violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
XX. “Occupancy” or “occupied” refers to premises where a person or persons take or hold possession of the premises for permanent or temporary use. Occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services are not being provided to the premises.
YY. “Organic waste” refers to material produced from living organisms and their metabolic waste products, including but not limited to food waste, food-soiled paper, compostable plastics, green waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Paper products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
ZZ. “Prohibited container contaminants,” “container contaminants,” or “contamination” means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated nonorganic recyclable materials for the city’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated organic waste for the city’s green container; (3) discarded materials placed in the gray container that are accepted in the city’s blue container or green container; and (4) exempt waste placed in any collection container.
AAA. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
BBB. “Remote monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices in commercial blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in collection containers (level of fill) and/or presence of prohibited container contaminants.
CCC. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
DDD. “Route review” means a visual inspection of collection containers along a hauler route for the purpose of identifying prohibited container contaminants, and may include mechanical or electronic inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
EEE. “Self-hauler” refers to a generator who transports source separated solid waste they have generated to a permitted solid waste processing facility using the generator’s own vehicles, equipment, and employees. Self-hauler also includes a generator who back-hauls, a landscaper, or as otherwise defined in 14 CCR Section 18982(a)(66). For Chapter 7.21, “self-hauler” means a commercial edible food generator which holds a contract with and hauls edible food to a food recovery organization or other site for redistribution according to the requirements of Chapter 7.21.
FFF. “Share table” has the same meaning as in Section 114079 of the Health and Safety Code.
GGG. “Single-unit dwelling,” “single-family dwelling,” or “single-family” refers to any individual living unit in a single-family dwelling (SFD) or multifamily dwelling (MFD) structure or building intended for, or capable of being utilized for, residential living of up to four units.
HHH. “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid discarded waste generated by generators, including but not limited to garbage, nonorganic recyclables, organic waste, and exempt waste.
III. “Solid waste collection service” means a city-authorized program for collection, transportation and/or disposal of solid waste, or subsets of solid waste, by an authorized solid waste collector.
JJJ. “Solid waste collector” means any person or entity holding a valid permit, license, franchise or other authorization from the city to collect, receive, carry, transport, process and/or dispose of any solid waste, or subsets of solid waste, that is generated within the city.
KKK. “Source separated” means materials that are separated into their respective waste streams at the source of generation prior to collection and/or disposal.
LLL. “Source separated nonorganic recyclables” or “source separated nonorganic recyclable materials” means nonorganic recyclables that have been separated from other solid waste prior to placement in a blue container for collection by a solid waste collector or before being self-hauled.
MMM. “Source separated organic waste” means organic waste that has been separated from other solid waste prior to placement in a green container for collection by a solid waste collector or before being self-hauled.
NNN. “Stable matter” means manure and other waste matter normally accumulated and associated with stables or in domestic livestock.
OOO. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars 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).
PPP. “Tier one commercial edible food generator” means a commercial edible food generator that is one of the following:
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than ten thousand square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply.
QQQ. “Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:
1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.
2. Hotel with an on-site food facility and two hundred or more rooms.
3. Health facility with an on-site food facility and one hundred or more beds.
4. Large venue.
5. Large event.
6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.
7. A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply.
RRR. “Wholesale food vendor” means a commercial business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, or prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76). (Ord. C-2021-04 §2(Att. A(1)), 2021).
7.20.030 Duty to subscribe to solid waste collection service.
A. Except where a waiver or exemption is applicable under this chapter, generators shall subscribe to a solid waste collection service for all solid waste generated, in compliance with the provisions of this chapter.
B. It is unlawful to arrange for collection, hauling or disposal of solid waste provided by an entity other than as authorized or permitted by the city under this code, regardless if such services are provided on an ongoing basis, as needed, or with any other frequency.
C. Nothing in this chapter or Chapter 7.21 prohibits a generator from preventing or reducing solid waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). (Ord. C-2021-04 §2(Att. A(1)), 2021).
7.20.040 Duty to properly sort, store, and dispose of solid waste.
A. Responsibility for Solid Waste. Generators are responsible for the safe and sanitary storage and disposal of generated solid waste in accordance with all federal, state, and local laws.
B. Sorting Requirements. Generators must participate in the city’s diversion programs by source separating generated solid waste and placing eligible items into the designated collection containers, and not placing prohibited container contaminants in the collection containers. Except to the extent the city and/or its designee directs alternative placement, generator shall place organic waste in the green container; nonorganic recyclable materials, paper products, and printing and writing paper in the blue container; and garbage in the gray container.
C. Storage Requirements. Generators must store generated solid waste in such a manner that it does not promote the propagation, harborage, or attraction of vectors and/or create a public nuisance.
D. Frequency of Disposal. At least once per week, all garbage, nonorganic recyclables, and organic waste generated shall be disposed of in accordance with the provisions of this chapter. CRV beverage containers may be accumulated for up to one month, so long as they are not stored within view of the public right-of-way and do not promote the propagation, harborage, or attraction of vectors and/or create a public nuisance.
E. Illegal Dumping. It is unlawful to store, deposit, bury or dispose of any solid waste, on any public property or any private property not owned by the generator, without permission of the owner or occupant of that property. (Ord. C-2021-04 §2(Att. A(1)), 2021).
7.20.050 Maintenance and use of collection containers.
A. Unlawful Use. It is unlawful to use collection containers for anything other than their intended purpose.
B. Container Maintenance. It is the duty of each generator to maintain collection containers in a reasonably safe and secure manner. Generator will take care to prevent damage to collection containers through carelessness or negligence and shall keep collection containers in a reasonably clean condition and free from putrescible residue. Collection containers shall be kept out of view from the public so that they will not be a public nuisance or in any degree offensive.
C. Collection Locations. Collection containers shall be placed for collection at a location and in a manner as instructed by the solid waste collector, and not so that they are obstructing alleys, roadways, driveways, sidewalks or mailboxes.
D. Container Collection Standards. Collection containers shall be put out for collection no earlier than five-thirty p.m. the day prior to scheduled collection, nor left remaining after collection longer than twenty-four hours following pickup. When filled, collection containers shall not exceed weight limits established by the solid waste collector. (Ord. C-2021-04 §2(Att. A(1)), 2021).
7.20.060 Additional requirements for commercial business generators.
A. Commercial businesses shall supply and allow access to an adequate number, size and location of collection stations for collection of source separated nonorganic recyclables, organic waste, and garbage for employees, contractors, tenants, and customers of the business.
B. Commercial businesses, except for multifamily residential properties, shall supply and provide access to collection stations at all indoor and outdoor locations where disposal containers for garbage are located, except in restrooms. Each collection station must have separate and identifiable containers for collection of source separated nonorganic recyclables, organic waste, and garbage with SB 1383 compliant container colors or labels.
1. If a commercial business does not generate any waste for a particular waste stream, it does not need to include a container for that type of waste at its collection station; but it must be able to adequately demonstrate that circumstance to the city and/or its designee.
C. Commercial businesses, except for multifamily residential properties, shall, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing prohibited container contaminants in a collection container.
D. Commercial businesses, except for multifamily residential properties, shall periodically inspect collection containers for contamination and inform employees and/or occupants of any contamination found and of the requirements to keep contaminants out of those collection containers.
E. Commercial businesses shall annually provide information to employees, contractors, tenants and customers about the city’s solid waste requirements and diversion goals and programs.
F. Commercial businesses shall provide education information before or within fourteen days of occupation of the premises to new tenants that describes the city’s solid waste requirements and diversion goals and programs.
G. Commercial businesses shall provide or arrange access for the city and/or its designee to their properties for inspections conducted in accordance with this chapter.
H. Commercial businesses shall accommodate and cooperate with any future attempt by the city to implement a remote monitoring program. (Ord. C-2021-04 §2(Att. A(1)), 2021).
7.20.070 Ownership of materials.
A. Ownership of materials placed in collection containers remain with the generator until such materials are placed in the solid waste collector’s collection vehicles.
B. No person other than the generator, owner or occupant of premises, their designated individuals, or an employee or agent of the solid waste collector shall tamper with any collection container or remove or scavenge its contents. (Ord. C-2021-04 §2(Att. A(1)), 2021).
7.20.080 Disposal and handling of exempt waste.
Notwithstanding any other provision of this chapter, exempt waste shall not be placed in the collection container for regular solid waste collection service, and instead must be handled and disposed of in the manner described in this code, as provided by federal, state, county, or local laws and regulations, or as otherwise directed by the city, its designee, or an authority having jurisdiction. Exempt waste generated within the city must be removed from premises as soon as reasonably possible.
A. Construction and Demolition Waste. Construction and demolition waste shall be handled in accordance with and is subject to the provisions of Chapter 14.50.
B. Biomedical Waste. The disposal of biomedical waste shall be performed under the supervision and direction of the county of San Mateo.
C. Small Quantity Hazardous Waste. Hazardous waste generated in small quantities, such as batteries, paint and paint thinner, pesticides and fertilizers, and poisons, that are not eligible for disposal under the solid waste collection service shall be disposed of as directed by the county of San Mateo.
D. Fats, Oils, and Grease. Fats, oils, and grease that are source separated must be disposed of in accordance with Title 13.
E. Inflammable or Explosive Refuse. Inflammable or explosive material shall be disposed of as directed by the Coastside County fire district. (Ord. C-2021-04 §2(Att. A(1)), 2021).
7.20.090 Waivers for commercial business generators.
A. De Minimis Waivers. The city may waive a commercial business’s obligation to comply with some or all the nonorganic recyclable materials and/or organic waste collection service requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of nonorganic recyclable materials and/or organic waste. A commercial business may request an application for a de minimis waiver from the city’s public works department.
1. If applying for a waiver for nonorganic recyclable materials:
a. The commercial business’s total solid waste collection service is two cubic yards or more per week and nonorganic recyclable materials subject to collection in a blue container comprise less than twenty gallons per week of the business’s total waste; or
b. The commercial business’s total solid waste collection service is less than two cubic yards per week and nonorganic recyclable materials subject to collection in a blue container comprise less than ten gallons per week of the business’s total waste.
2. If applying for a waiver for organic waste:
a. The commercial business’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a green container comprises less than twenty gallons per week of the business’s total waste; or
b. The commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a green container comprises less than ten gallons per week of the business’s total waste.
B. Physical Space Waivers. The city may waive a commercial business’s or property owner’s obligation to comply with some or all of the nonorganic recyclable materials and/or organic waste collection service requirements of this chapter if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with this chapter. A commercial business or property owner may request an application for a physical space waiver from the city’s public works department. (Ord. C-2021-04 §2(Att. A(1)), 2021).
7.20.100 Self-hauler exemption.
A. The city may exempt generators from complying with the requirement to subscribe to the solid waste collection service if the generator demonstrates adequate capacity to self-haul under the requirements of this chapter. A generator may request an application for a self-hauler exemption from the city’s public works department.
B. Self-haulers shall source separate all solid waste generated into their respective waste streams.
C. Self-haulers shall haul their source separated nonorganic recyclable materials to a permitted facility or operation that recovers those materials; haul their source separated organic waste to a permitted facility, operation, activity, or property that processes or recovers source separated organic waste; haul their source separated garbage to a permitted facility or operation for disposal; and haul any exempt waste to a permitted facility, operation, activity, or property that processes or recovers exempt waste.
D. Self-haulers shall keep a record of the amount of source separated solid waste delivered to each solid waste facility, operation, activity, or property that processes or recovers solid 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 generator to each entity. (Ord. C-2021-04 §2(Att. A(1)), 2021).
7.20.110 Franchise to collect solid waste.
The city council may award an exclusive franchise to any person or entity that the city council believes is qualified to perform solid waste collection services. The franchisee shall have the exclusive right to collect, convey, and/or transport franchised material in, along, or over the public streets, alleys, and highways in the city, or to designated properties or areas in the city, for so long as such entity is not in material breach of any term of their franchise agreement.
A. Charges for Solid Waste Collection Service. The city council reserves the right to establish by resolution a maximum schedule of rates and charges for all levels and types of solid waste collection services to be rendered by the franchisee, who shall then have authority to collect such rates and charges. The schedule may be changed from time to time in the manner prescribed by the franchise agreement between the city and the franchisee.
B. Entitlement to Collect for Solid Waste Collection Services. The franchisee shall be entitled to payment from the recipient of solid waste collection service for any services rendered or to be rendered by the franchisee. Upon failure to make such payment, the franchisee may take such action as is legally available to collect or cause collection of past due amounts from generators receiving services from the franchisee; however, the franchisee may not discontinue providing solid waste collection services without approval from the city. (Ord. C-2021-04 §2(Att. A(1)), 2021).
7.20.120 Inspections and investigations.
A. The city and/or its designee 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 generators to confirm compliance with this chapter. This section does not allow the city or its designee to enter the interior of a residential premises for inspection.
1. For the purposes of inspecting commercial business collection containers for compliance with this chapter, the city and/or its designee may conduct collection container inspections for prohibited container contaminants using remote monitoring, if such a program is adopted, and commercial businesses shall accommodate and cooperate with such remote monitoring pursuant to this chapter.
B. Generator shall provide or arrange for access during all inspections (with the exception of residential premises interiors) and shall cooperate with the city and/or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in collection containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure of the regulated entity to provide or arrange for: (1) access to the premises; (2) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Title 4.
C. Any records obtained by the city and/or its designee during inspections, remote monitoring, if such a program is adopted, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. The city shall accept written complaints from persons regarding an entity that may be potentially noncompliant with this chapter, including receipt of anonymous complaints. (Ord. C-2021-04 §2(Att. A(1)), 2021).
7.20.130 Enforcement.
A. Any violation of this chapter, including a continuing violation as described in Title 4, is unlawful and is hereby declared to be a nuisance.
B. For the period from January 1, 2022 (or the effective date of this chapter, whichever is later), through December 31, 2023, if the city and/or its designee determines that an entity is not in compliance with this chapter, the city and/or its designee shall provide educational materials to the entity, describing its obligations under this chapter and that violations may be subject to administrative citations, fines, civil penalties or other remedies beginning on January 1, 2024.
C. Beginning January 1, 2024, each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by Title 4, including penalties.
D. The city and/or its designee will monitor compliance with this chapter through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring, if such a program is adopted). (Ord. C-2021-04 §2(Att. A(1)), 2021).