Chapter 6.42 MUNICIPAL REFUSE, ORGANICS, MANURE AND RECYCLING COLLECTION

The purpose of this chapter is to provide standards for integrated solid waste management of trash waste in the City of Norco (City), to include source reduction by recycling or diversion of organics, recyclables, and manure, in order to provide for the long-term health, safety and welfare of Norco residents through extending current landfill capacity, preserving resources, and providing for the general protection of the environment. The chapter provides for regulation of the storage, collection, and transportation of municipal waste and recovery of marketable and recyclable materials.

Establish requirements for recycling of manure, recyclable materials and organics generated by commercial facilities and residential properties, in order to increase the diversion of recyclable, compostable and organic materials from landfill disposal, thus reducing greenhouse emissions, minimizing waste and helping to ensure the maintenance, restoration, enhancement, and protection of the environment, including natural resources.

Provide an enforcement mechanism to ensure that resident, business, commercial, nonresidential properties, and multifamily dwellings provide for the proper collection of solid wastes, diversion of recyclable material, and provide protections against illegal scavenging of materials. (Ord. 1118 Sec. 1, 2024)

6.42.020 Definitions.

For purposes of this chapter, and other municipal code provisions referred hereto, the following words shall have the meanings ascribed thereto, unless the context in which they are used clearly indicates another meaning:

“AB 341” means State of California Assembly Bill No. 341 approved October 5, 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than four cubic yards of commercial solid waste per week or multifamily residential dwellings of five units or more, to arrange for recycling services and requires jurisdictions to implement a commercial solid waste recycling program.

“AB 827” means State of California Assembly Bill No. 827 approved October 2, 2019. AB 827 requires businesses that are mandated to recycle under AB 341 (“MCR”) and/or mandated to recycle organics under AB 1826 (“MOR”) or SB 1383 and that provide customers access to the business to provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible, easily accessible, and adjacent to each bin or container for trash.

“AB 939” or “the Act” means “The California Integrated Waste Management Act of 1989” codified in part in Public Resources Code Section 40000 et seq., and such regulations adopted by California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or its successor agency, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 (Wiggins, SB 1016)), the Mandatory Commercial Organics Recycling Resources Code Section 40000 and following as it may be amended and as implemented by the regulations of CalRecycle.

“AB 1594” means State of California Assembly Bill No. 1594 approved September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as alternative daily cover does not constitute diversion through recycling and would be considered disposal.

“AB 1669” means State of California Assembly Bill No. 1669 approved September 30, 2016, which amends California Labor Code Sections 1070 through 1076 with respect to the hiring of displaced employees under service contracts for the collection and transportation of solid waste.

“AB 1826” means State of California Assembly Bill No. 1826 approved September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an organic waste recyclable materials program to divert from the landfill organic waste from businesses. Each business meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016, to January 1, 2020, is required to arrange for organic waste recyclable materials services.

“AB 3036” means State of California Assembly Bill No. 3036 approved September 27, 2018. AB 3036 prohibits a county, city, district, or local government agency from subjecting the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit.

“Administrator” means one or more employees designated by the City Manager who is functioning in a responsible level in the City administration. The Administrator(s) shall administer and enforce the provisions of this chapter.

“Agreement” means the written integrated waste management services agreement between the City and the contractor covering the work to be performed and all contract documents attached to the agreement and made a part thereof.

“Animal livestock” means any type of farm animal kept or raised for use or pleasure, including, but not limited to, horses, cows, sheep, pigs, goats, llamas, zebras, emus, ostriches, buffalo, camels, alpacas, rabbits, chickens, and birds kept in aviaries. Dogs and cats are specifically excluded.

“Animal livestock keeping” means owning and/or caring for horses or other animal livestock on privately owned, commercial or public property within the City.

“Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City.

“Back-haul” means transporting recyclable materials or organic waste to a destination owned and operated by the waste generator using a vehicle or trailer that was originally used to deliver products or finished goods to the waste generator’s location.

“Best management practices (BMP)” means the schedule of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to the maximum extent that is technologically and economically feasible, the discharge of pollutants in the storm drain system and/or most effective and practicable means of storing, handling, removing, and disposing of livestock manure.

“Bin” shall mean those plastic or metal containers of two cubic yards to six cubic yards that have plastic lids on the top. Bins are used for weekly or more frequent collection of garbage waste, organic waste, manure or designated recyclables by the City’s franchise agent.

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

“Black container” means a container with a black lid used to store and collect garbage waste.

“Blue container” means a container with a blue lid used to store and collect source separated recyclable materials waste.

“Bulky waste” means items such as furniture, household appliances, automobile tires, shipping crates, carpets, mattresses, oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length, and similar large bulky or heavy items not normally discarded on a regular basis at a single-family or multifamily service unit. “Bulky items” do not include construction and demolition debris or electronic waste, which are regarded as universal waste, the disposal of which is governed by the Department of Toxic Substances Control. Each bulky item shall weigh less than 200 pounds.

“Buy-back center” means a facility licensed and permitted by the Department of Conservation and/or local jurisdiction which pays a fee for the delivery and transfer of ownership to the facility of source-separated materials for the purpose of recycling or composting.

“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

“CalRecycle” means California’s Department of Resources Recycling and Recovery, which is authorized to implement and enforce State laws related to waste and recycling.

“Cart” shall mean a heavy plastic receptacle with a rated capacity of at least 20 and not more than 100 gallons, having a hinged tight-fitting lid and wheels, that is provided by the exclusive franchise solid waste contractor, approved by the City, and used by service recipients for collection, accumulation, and removal of solid waste from any premises in connection with exclusive franchise integrated waste management services.

“City” shall mean the City of Norco, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

“Collect,” “collection” and “collected” means the removal of solid waste from a service unit and transportation to a disposal facility, organic waste processing facility, manure processing facility, materials recycling (or recovery) facility, or transfer station as appropriate.

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

“Commercial edible food generator” means a commercial premises that generates recoverable edible food including 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.

“Compactor containers” means those fully enclosed metal containers of two to 40 cubic yards provided by the City’s hauler or customer. Compactors typically serve very large quantity generators.

“Compost” means the act or product of the controlled biological decomposition of organic wastes that are source separated or are separated at a centralized facility. Compost may also include the product of anaerobic digestion or other conversion technologies.

“Compostable plastics” means food-service and food-packaging plastic materials or plastic bags used for collecting organics material that are placed in the green container and transported to compostable material handling operations or facilities, in-vessel digestion operations or other facility provided the organic waste processing facility accepts the material and has provided written notification annually to the City stating that the facility can process and recover that material for compostability, as defined in 14 CCR Section 18984.1(a)(1)(A) for three-container systems.

“Composting” means the process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and which stabilizes the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner for a period of 30 to 90 days.

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

“Construction and demolition debris” means discarded materials removed from premises, resulting from construction, renovation, remodeling, repair, deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or from landscaping. Such materials include but are not limited to “inert wastes” as defined in Public Resources Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings, and other structures.

“Containers” mean those receptacles used in collection and shall conform to the specifications defined in this chapter.

“Contaminant” means any material or substance placed into or found in a collection container other than the type of source separated material for which that collection container is intended or reserved. For example, anything that is not recyclable materials is a contaminant if placed into or found in a recyclable materials collection container. Similarly, anything that is not organic waste is a contaminant if placed into or found in an organic waste collection container.

“Contract or franchise agent(s)” means any person or private or public entity designated by the City Council or other legally authorized public agency as being responsible for administering the collection, processing and/or disposal of solid waste or designated recyclables, organics, and manure.

“Conversion rate” means the rate set forth in the standardized conversion rate table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management report for construction and demolition material.

“Covered project” shall have the meaning set forth in Section 6.42.280.

“Curbside collection” means the service of removing and conveying nonhazardous and noninfectious solid waste, source-separated recyclables, organics, and manure from the public thoroughfare at the curb or alley. (The City shall make the final determination regarding eligibility for curbside collection, which shall generally apply to small quantity generators.)

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

“Designated solid waste and recycling collection or storage location” means a place designated by the City Manager for storage and/or collection of solid waste, manure, organics and/or recyclables. Designated locations include, but are not limited to, the curb, alley, waste/recycling enclosure, a loading dock, or basement of a commercial enterprise or multifamily complex where waste and recyclables are placed for collection or temporary storage prior to collection by the City’s franchise agent.

“Diversion” or “divert” means any combination of waste prevention (source reduction), recycling, reuse and composting activities that reduces waste disposed at landfills, provided such activities are recognized by CalRecycle as diversion in its determination of the City’s diversion targets and compliance with State regulations.

“Diversion requirement” means the diversion of 100 percent of inert waste, to include asphalt, concrete, bricks, tile, trees, stumps, rocks, and associated vegetation and soils resulting from land clearing, and not less than 50 percent of the remaining waste generated, via reuse or recycling, unless a partial or full diversion exemption has been granted pursuant to Section 6.42.280, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Waste Management Report Compliance Official for the project.

“Edible food” means food intended for human consumption. For the purposes of this chapter edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code (Cal. Health and Safety Code Section 113700 et seq.).

“Edible food recovery” means the actions to collect and distribute edible food and distributing it to local food recovery organizations from places where it would otherwise go to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining facilities.

“Enforcement action” means an action of the City to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

“Exempt waste” means hazardous substances, hazardous waste, infectious waste, designated waste, special waste, universal waste, volatile, corrosive, medical waste, infectious, biohazardous, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its waste generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the contractor’s opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose contractor or the City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in solid waste generated at residential premises after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

“Food waste” means (1) food scraps including all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps; and (2) food-soiled paper, which is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, and pizza boxes.

“Franchise fee” mean the fee or assessment imposed by the City on contractor or franchise hauler solely because of its status as party to an approved franchise agreement issued by the City or other State public agency, and which, inter alia, is intended to compensate City for its expenses in administering this franchise agreement and for use of public rights-of-way granted by this agreement.

“Franchised hauler” means a hauler holding a franchise, contract, license or permit issued by the agency which authorizes the exclusive or nonexclusive right to provide solid waste handling services within all or part of the jurisdictional boundaries of agency.

“Garbage” means all putrescible and nonputrescible solid, semisolid and associated liquid waste generated or accumulated through the normal activities of a premises. Garbage does not include recyclable materials, organic waste, manure, or bulky waste that is source-separated and set out for purposes of collection and recycling. Garbage shall not include exempt waste.

“Generator” means every owner, tenant, occupant or person owning or having the care and control of any premises in the City including the temporary use of parks, open space or a public thoroughfare.

“Green container” means a container with a green lid used to store and collect green waste and organic waste (excludes manure).

“Green waste” means grass clippings, leaves, landscape and pruning waste, wood materials from trees and shrubs, and other forms of organic materials generated from landscapes or gardens. Yucca leaves, palm fronds, tree stumps and tree roots are not considered green waste, and shall be treated as garbage. Green waste is a subset of organic waste and shall not include exempt waste.

“Hazardous or toxic waste” shall have the meaning set forth in California Code of Regulations, Title 14, Section 17225.32 and Health and Safety Code Section 25117, or successor laws and regulations as may be amended from time to time.

“Household hazardous waste” or “HHW” means that waste resulting from products purchased by the general public for household use which, because of its quantity, concentration or physical, chemical or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed or otherwise managed, or, in combination with other solid waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit any of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5, Chapter 11, Section 66261.3.

“Improper disposal” means the discarding of any item or items upon public or private premises that were not generated on the premises as a part of its authorized use, unless written consent of the property owner is first obtained.

“Improper disposal site” means any premises that have intentionally or unintentionally accumulated solid waste, recyclables, organics, manure, and/or charged a fee for accepting material without a permit from the State or County local enforcement agency. This does not include businesses licensed and permitted in the City to purchase source-separated recyclables.

“Inert waste” means materials such as concrete, soil, fully cured asphalt, bricks, rocks, slag, ceramics, earthen cooking ware, clay and clay products, crushed glass, fiberglass, roof shingles, and plaster. Inert waste does not contain putrescible waste or compostable waste.

“Inspection” means a site visit where the City reviews records, containers, and a person’s collection, handling, recycling, or landfill disposal of organic waste or the handling of edible food to determine compliance with the requirements set forth in this chapter.

“Integrated waste management services” means the collection of garbage, recyclable materials, organic waste, and manure within the corporate limits of City; the transportation of such material to appropriate places for processing, composting, and/or disposal; and the processing and final disposition of materials.

“Landfill” means a disposal system by which solid waste is deposited in a specially prepared area which provides for environmental monitoring and treatment pursuant to the California Code of Regulations, California Public Resources Code and the Federal Resource Conservation and Recovery Act.

“Manure” means solid waste composed of excreta of animals and residual materials that have been used for bedding, sanitary, or feeding purposes for any type of farm animal kept or raised for use or pleasure, including, but not limited to, horses, cows, sheep, pigs, goats, llamas, zebras, emus, ostriches, buffalo, camels, alpacas, rabbits, chickens, and birds kept in aviaries. Dogs and cats are specifically excluded.

“Mixed waste processing” means a system of recovering recyclables from the mixed waste stream through separation at a processing facility, transfer station, landfill, or other such facility, instead of separation at the primary waste generation source.

“Multifamily residential premises” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily residential premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

“Municipal Code” means the City of Norco Municipal Code.

“Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including streets, catch basins, curbs, gutters, natural or manmade channels, or storm drains) owned or operated by a public body having jurisdiction over disposal of stormwater or other wastes.

“Noncollection notice” means a written notice that notifies a service recipient of the reason contractor did not collect solid waste set out for collection.

“Noncompostable paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process.

“Noncovered project” shall have the meaning set forth in Section 6.42.280.

“Nuisance” means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood, or any number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing, or disposal of solid waste, compost, and/or designated recyclables, organics and manure.

“Organic waste” (also referred to as “organics”) means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. While manure is considered an organic waste, all manure shall not be placed in the designated organics container and shall be placed in a separate manure container provided by the contractor.

“Person” means any property owner, resident, occupant, firm, partnership, association, corporation, company or organization of any kind.

“Processing” means the reduction, separation, recovery, conversion, or recycling of any component(s) of solid waste.

“Prohibited container contaminants” means the following: (1) materials placed in a recyclable material container that are not identified as acceptable recyclables material; (2) materials placed in an organic waste container that are not identified as acceptable organic waste; (3) materials placed in a garbage container that are not identified as acceptable garbage or are acceptable recyclable material and/or organic waste; (4) materials placed in a manure container that are not identified as acceptable manure; and (5) exempt waste placed in any container. For purposes of this chapter, “contamination” or “contaminated” refers to the presence of prohibited container contaminants.

“Project” means any activity which requires an application for a construction or demolition permit, or any similar permit, from the City.

“Putrescible wastes” means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas byproducts. Material in this category includes, but is not limited to, kitchen waste, dead animals, food from containers, etc., except organic wastes separated therefrom and used in composting.

“Recyclables” means any materials that are recyclable, reclaimable, and/or reusable within the following generating categories: small quantity generator and large quantity generator. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been separated from other small or large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclable materials collected under a mixed waste processing program.

“Recycling” means the process of collecting, sorting, cleansing, treating and/or marketing recyclable materials that would otherwise become garbage, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. The collection, transportation or disposal of solid waste not intended for, or capable of, reuse is not recycling. “Recycling” does not include transformation as defined in Public Resource Code Section 40201.

“Refuse” means garbage and rubbish.

“Removal” means the act of taking solid wastes or designated recyclables from the place of generation either by the contract or franchise agent(s), or by a person in control of the premises.

“Removal frequency” means frequency of removal of solid wastes or recyclables from the place of generation.

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

“Residential premises” means: (1) any building or structure, or portion thereof, that is used for residential housing purposes and has four or fewer distinct living units; and (2) any multiple-unit residential complex which, with the prior written approval of the City Manager, receives integrated waste management services using standard residential containers. “Residential premises” does not include short-term residential uses, such as motels, tourist cabins, or hostels, which are regulated as hospitality establishments.

“Reuse” means further or repeated use.

“Roll-off service” means service provided for the collection, removal and disposal of commercial and industrial waste such as construction, demolition, manure and other primarily inert nonputrescible wastes and green wastes. Roll-off service is usually provided using open top metal containers.

“Route review” means a visual inspection of containers along a collection route for the purpose of identifying prohibited container contaminants, which may include mechanical inspection methods such as use of cameras.

“Rubbish” means nonputrescible solid wastes such as ashes, paper, glass, bedding, crockery, plastics, rubber byproducts or litter. Such materials that are designated as recyclable or compost may be exempt from categorizing as rubbish; provided, such materials are handled, processed and maintained in a properly regulated manner.

“Salvaging” or “salvageable” means the controlled and/or authorized storage and removal of solid waste, designated recyclables or recoverable materials.

“SB 1383” means State of California Senate Bill 1383, Short-Lived Climate Pollutants: Organic Waste Reductions, approved September 19, 2016, and the regulations implementing the law Title 14, Code of California Regulations (CCR), Chapter 12.

“Scavenging” means the uncontrolled and/or unauthorized removal of solid waste, designated recyclables or recoverable materials. Such activity is unlawful and is subject to civil penalties under Section 1.04.010 and Chapter 9, Section 41950 of the California Integrated Waste Management Act of 1989.

“Scout service” means the use of scout truck services provided for the retrieval of collection containers from locations with accessibility constraints that make containers difficult or impossible to access using regular trash collection trucks. Scout service is subject to a fee applied by the franchise hauler. Scout service will be provided to manure bins at no additional charge to all customers.

“Self-haul” or “self-hauling” means a generator or responsible party who transports his or her own recyclable or compostable materials to a recycling facility or its corporate yard for processing by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the hauling services of a franchise hauler. All self-haulers must provide an annual report to the City outlining the tonnage of material recycled each year. Self-hauler also includes a person or business that back-hauls waste.

“Single-family” means of, from, or pertaining to any residential premises with fewer than five units.

“Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California Public Resources Code Section 40191(a)(b), as amended from time to time. Solid waste includes recyclable materials but does not include (1) hazardous waste; (2) radioactive waste regulated pursuant to the Health and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the Health and Safety Code Section 117600 et seq.

“State” shall mean the State of California.

“State agency” means any agency or department of the State of California, including, but not limited to, school districts, boards of education, and any school or other entity operated by or under the auspices of a school district and/or board of education, and prison.

“State agency collector” means any person that collects solid waste from premises located within the City that are owned or operated by a State agency. State agency collectors are subject to City’s franchise fee.

“Storage” means the interim containment of solid wastes, green wastes, or recyclables in an approved manner after generation and prior to disposal, collection or processing. (“Interim” means for one week or less; roll-off containers may store nonputrescible waste for up to 30 days.)

“Tan container” means a container with a tan lid used to store and collect manure material waste.

“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 10,000 square feet;

3. Food service provider;

4. Food distributor;

5. Wholesale food vendor.

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

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;

2. Hotel with an on-site food facility and 200 or more rooms;

3. Health facility with an on-site food facility and 100 or more beds;

4. Large venue;

5. Large event;

6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet;

7. A school, college, university, or other educational facility with an on-site food facility.

“Total project costs” means the total value of a project as calculated using Norco’s standard valuation multipliers.

“Transfer or processing station” means those facilities utilized to receive solid wastes and to temporarily store, separate, convert, or otherwise process the solid waste and/or recyclables.

“Unit” means an individual residence contained in a residential multifamily complex or commercial property.

“Universal waste” means waste materials that are conditionally exempt from classification as hazardous waste pursuant to Title 22 of the California Code of Regulations (22 CCR), Section 66261.9, including but not limited to: (1) batteries as described in 22 CCR Section 66273.2; (2) thermostats as described in 22 CCR Section 66273.4; (3) lamps as described in 22 CCR Section 66273.5; and (4) cathode ray tube materials as described in 22 CCR Section 66273.6.

“Waste” means the useless, unused, unwanted, or discarded material and debris resulting from normal residential and commercial activity or materials which, by their presence, may injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof.

“Waste Management Report Compliance Official” means the designated staff person(s) authorized by the City Manager and responsible for implementing the construction and demolition debris recycling program.

“Waste management report (WMR)” means a WMR form, approved by the City Manager or designee, for the purpose of compliance with this chapter.

“White goods” means kitchen or other large enameled appliances which include, but are not limited to, refrigerators, washers, and dryers.

“Wood waste” means green waste consisting of stumps, large branches, tree trunks, untreated wood pieces or particles, and untreated wood that are generated from the manufacturing or production of wood products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. Treated wood of any kind shall be treated as exempt waste.

“Vector” means any nuisance such as odor, unsightliness, sound, or a carrier, usually insects or rodents, which are capable of transmitting a disease.

“Vehicle impact fee” means the annualized costs for pavement repair, maintenance, and rehabilitation, calculated based on the proportionate impact to pavement from solid waste collection vehicles compared to other sources of impacts. (Ord. 1118 Sec. 1, 2024)

6.42.030 Franchise agreements.

The City may provide for the collection, transportation, and disposal of solid waste by franchise. If the City awards an exclusive franchise, the terms of the franchise agreement shall govern the rights and obligations of the City and the franchisee, unless otherwise stated in this chapter.

At its discretion, the City Council may grant franchises to qualified parties to collect and haul solid waste and/or recyclables as permitted by law in the City on such terms and conditions as may be agreed to by the City and by the party or parties receiving the franchise or franchises. Franchises as granted by the City Council may be nonexclusive, exclusive, or partly exclusive and partly nonexclusive. The Council may grant franchises through the process of negotiation or pursuant to competitive bidding.

In the event that the City, pursuant to Public Resources Code Section 40059, awards an exclusive franchise to provide for refuse collection, recycling and disposal services, a franchise fee and vehicle impact fee based on a formal fee study shall be imposed by the City to defray the costs of public services, maintaining and repairing City rights-of-way affected by heavy equipment used by the franchisee.

To the extent that any provision of the franchise agreement is inconsistent with this chapter, the provision of the franchise agreement shall prevail. Notwithstanding the above, this provision shall specifically not preclude individual residential property owners from recycling personally any of their own refuse; nevertheless, all persons and entities shall be required to participate in any franchise program enacted by the City pursuant to the California Integrated Waste Management Act of 1989. In the event that an eligible property owner, such as a government entity, lawfully contracts with a waste hauler other than the exclusive franchisee for refuse collection, recycling and disposal services, a franchise fee as listed above of hauler’s gross revenues from all services shall be imposed by the City to defray the costs of maintaining and repairing City rights-of-way affected by heavy equipment used by the private contractors. Any waste hauler not bound to an exclusive City franchise agreement shall provide detailed quarterly reports on its activities in a form approved by the City. (Ord. 1118 Sec. 1, 2024)

6.42.035 State agency collectors.

Other public agencies may elect to contract with a different solid waste hauler to service their respective agency properties but said hauler shall pay fee at the same rate provided under this chapter. Other State agency collectors shall be subject to a franchise fee of 17.9 percent of gross revenues from all services provided on a quarterly basis. Franchise fees paid by a State agency collector shall be payable to the City no later than 45 days after the close of each quarter of the calendar year. Each State agency collector shall prepare a statement reporting its gross revenues for services provided to each State agency within the City, and shall submit such statement concurrently with the remittance of the franchise fee payable pursuant to this subsection.

A. Quarterly Reports. Each State agency collector shall submit quarterly solid waste diversion summary reports to the City. Each diversion summary report shall show the tonnage of solid waste collected within the City and the different types of recyclable and organic material collected within the City, and provide a comparison between the refuse and recyclable materials to produce a quarterly diversion percentage. Each State agency collector shall report the amount of tons delivered to disposal facilities, processing facilities or composting facilities.

B. Annual Reports. No later than February 15th of each year, each State agency collector shall submit to the City a written annual report summarizing the information contained in the quarterly reports and containing additional information including, but not limited to, a statement of revenue derived from services provided to customers in the City, setting forth quarterly franchise fees, and the basis for the calculation, certified by an officer of the State agency collector.

C. Upon Request. Each State agency collector shall cooperate fully with the City’s AB 939 reporting requirements by providing the City with requested information concerning diversion and disposal rates and practices within 15 days of the City’s request. Each State agency collector shall incorporate into the reports required by this section any additional information requested by the City and any new reporting information required by applicable law or regulation. (Ord. 1118 Sec. 1, 2024)

6.42.040 Collection supervision.

All solid waste accumulated in the City shall be collected, conveyed and disposed of by the City or its duly authorized agent under the supervision of the City Manager or their designated representative. The City Manager shall have the authority to make regulations concerning the days of collection, type and location of waste containers, and such other matters pertaining to the collection, conveyance and disposal as he/she shall determine to be reasonable or necessary.

A. Appeals. Any person aggrieved by a regulation of or penalty charged by the City shall have the right to appeal per Section 6.42.130, Appeal. Any charge or fee issued by the franchise hauler must be disputed directly with the hauler.

B. Log Book. Each contractor shall maintain a log complaint book in which all complaints received are recorded together with the manner in which the complaint was rectified. The log complaint book shall be available for inspection by the City Manager or their designated representative. City shall also maintain log of any complaints it receives and provide said complaints to the franchise hauler. (Ord. 1118 Sec. 1, 2024)

6.42.050 Preparation of solid waste.

A. Garbage. All garbage, before being placed in garbage containers for collection, shall have been drained of all free liquids.

B. Rubbish. All rubbish shall be drained of liquid before being deposited for collection.

C. Cans and Bottles. All cans and bottles which have contained food shall be drained before being deposited for collection.

D. Trimmings and Clippings. Tree trimmings, hedge clippings and similar material not deposited within collection containers shall be cut to length not to exceed four feet and securely tied in bundles not more than 18 inches thick before being deposited for collection.

E. All refuse shall be placed in containers so as to freely empty to avoid damage to the container and injury to employees. Refuse shall not protrude above the top of the container. (Ord. 1118 Sec. 1, 2024)

6.42.055 Burning prohibited.

No person shall burn within the City any solid waste. It shall be a violation of this chapter to ignite or otherwise cause, or assist, counsel, procure or maintain any burning in violation of this section. (Ord. 1118 Sec. 1, 2024)

6.42.060 Restrictions on collected articles.

Heavy articles, such as trees, logs, building materials of any kind, grass from renovating, sod, dirt, rocks, or similar material, will not be picked up on regular collection. Arrangements may be made by the contractor or the City Manager for collection of this material and extra charges will be assessed depending on the amount of time required. (Ord. 1118 Sec. 1, 2024)

6.42.065 Dead animals.

It shall be the responsibility of the owner of any dead animal to dispose of the carcass of such animal in a manner consistent with State and local laws. No person shall place the body of any dead animal on any public or private lot, alley, street, land or in any water or waterway within the City. Dead animals shall not be placed in organics container. (Ord. 1118 Sec. 1, 2024)

6.42.070 Solid waste containers.

A. Duty to Provide and Maintain in Sanitary Condition. Solid waste containers shall be provided by the waste hauler. Refuse containers shall be maintained in good and sanitary condition at all times by residents. Any container that may become damaged shall be replaced by the waste hauler pursuant to the terms of their agreement.

B. Containers shall be of metal, plastic or otherwise impervious material, equipped with suitable handles and tight-fitting covers, and shall be watertight. All containers shall be sized pursuant to the approved agreement and supplied by the waste hauler with all proper colored lids and labeling required by State law. (Ord. 1118 Sec. 1, 2024)

6.42.075 Containers from unauthorized haulers.

The City shall provide written notice to any person or commercial business violating Section 6.42.030 that the prompt and permanent removal of any bin, container or other receptacle placed in violation of this chapter from its location within the City is required. The form of notice shall be determined by the City. The City shall provide such written notice by posting a copy of the notice prominently upon the bin, container or receptacle; provided, that if the bin, container, or receptacle is located on private property, the written consent of the owner or occupant of such private property shall be obtained prior to going on the property to give notice, unless the bin, container or receptacle is located in an area of commercial premises that is open to the public. If the bin, container, or receptacle is identified with the name and telephone number of the solid waste enterprise servicing or owning it, the City shall endeavor to contact such enterprise by telephone. However, failure to notify such enterprise by phone shall not invalidate the notice. Where the notice cannot be physically delivered or placed on the container due to the inability to enter onto private property or the refusal of consent by the owner, the notice may be given to the owner or occupant by certified mail, return receipt requested. Failure to comply shall subject the violator to the general penalties set forth in Chapter 1.04 and to administrative citations pursuant to Chapter 1.05. Containers owned by contractors conducting construction and demolition projects in the City are allowable. (Ord. 1118 Sec. 1, 2024)

6.42.080 Solid waste storage.

A. Prohibited. No person shall store any garbage, refuse boxes, barrels or containers of any type within any street, right-of-way, or within any required front yard or side yard abutting the street. In addition, no such storage shall be maintained between any front lot line or side line or side yard line abutting the street and the main building on such lot in the agricultural or residential zoned property (A-1 or R-1).

B. Definition. “Storage,” as used in this section, means the placing or maintaining of solid waste containers of any type for any period of time, but shall not include the temporary accumulation of refuse during the period of time that an owner or occupant of property is actually engaged in lawn cutting, tree or shrubbery trimming, or clearing of property of refuse.

C. Exception. The preceding shall not preclude the placing or maintaining of garbage or rubbish in the proper containers within the street right-of-way in front of the premises from which it emanates; provided, that no solid waste or containers shall be placed in the traffic lanes, equestrian trails, or in an area that would be deemed hazardous. No solid waste or container shall be placed within any of the above mentioned areas earlier than 4:00 p.m. of the day preceding the date specified for that property’s collection of garbage and rubbish from such premises. No solid waste or container shall be allowed to remain within the parkway later than midnight of the day specified for the collection of solid waste from such parkway, whether or not solid waste is actually collected on such date.

D. Solid Waste Storage in a Commercial and Industrial Zone. No person shall store any garbage, refuse, boxes, barrels, or containers of any type outside of an enclosed masonry trash enclosure to be constructed no less than six feet in height. (Ord. 1118 Sec. 1, 2024)

6.42.090 Collection practices.

A. Frequency of Collection. All solid waste accumulated from all single-family, multifamily, and commercial units shall be collected at least once each week.

B. Limitation on Time Containers May Remain Out Before and After Collection. In no event shall solid waste containers remain in the vicinity of any right-of-way either before or after collection for a total time period of over 24 hours.

C. Limitation on Quantity. A reasonable accumulation of solid waste shall be collected from each household and the refuse containers shall have a capacity as supplied by the waste hauler per the approved agreement.

D. Dumping Trash on Street. No person shall dispose of or dump upon any public property, street, or alley of the City, or upon any property of another.

E. Dumping Trash on Private Property. No person shall dispose of or dump upon any private property within the City any waste material of any kind or composition.

F. Collection.

1. Requirements for Vehicles. Collectors of solid waste who desire to haul over the streets of the City shall use a watertight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom, and refuse from being blown, dropped or spilled.

2. Disposal. Disposal of solid waste by persons so permitted under subsection (A) of this section shall be made outside the City limits, unless otherwise specifically authorized by the City. (Ord. 1118 Sec. 1, 2024)

6.42.100 Rules and regulations.

The City Council shall have the power to establish rules and regulations respecting the accumulation, collection, transportation and disposal of solid waste not inconsistent with any appropriate ordinances or laws; and provided, that such rules and regulations are found to be reasonable, necessary or convenient by the City Council for the preservation of the public health, safety, and welfare. Such rules and regulations as established by the City Council shall be in writing and shall be a public record. (Ord. 1118 Sec. 1, 2024)

6.42.110 Charges—Determination—Liability of payment.

There are imposed by the franchise hauler fees and charges for the collection, removal and disposal of refuse within the City. The occupants or owners of all residential, multifamily, and commercial properties or premises where refuse is produced or generated, regardless of whether the occupant or owner places such refuse for collection in a manner prescribed in this chapter or not, and regardless of whether the occupant or owner has any refuse for collection, shall be liable for the payment of all such fees and charges. Franchise hauler shall have the right to stop trash service due to nonpayment as outlined in the franchise agreement. (Ord. 1118 Sec. 1, 2024)

6.42.120 Charges—Billing and collection.

Every occupant or owner of residential property or premises in the City shall be billed directly by the franchise hauler. (Ord. 1118 Sec. 1, 2024)

6.42.130 Appeal.

Any occupant or owner of any residential property or premises in the City who has been billed for solid waste collection services and who desires to contest the extent, degree or reasonableness of the charges may dispute the billing directly with the franchise hauler. (Ord. 1118 Sec. 1, 2024)

6.42.140 Charges—Exemption—Self-haul permit.

Notwithstanding anything to the contrary in this chapter, one may provide his own service for the removal or disposal of garbage and waste matter created from his own residence upon making application for and receiving the necessary permit from the Director of Public Works. Note—self-haul permit for manure is addressed separately in Section 6.42.210. The Director of Public Works shall issue a permit upon determining that the applicant is able to dispose of the refuse by transporting the refuse to a County-approved sanitary fill in a safe and sanitary manner in accordance with the provisions of a self-haul permit. Such permit shall expire one year after the date of its issuance, and may be renewed by the permittee for periods of one year each upon written application to the Director of Public Works made prior to the expiration of the initial permit or any prior renewal thereof. A denial of an application for a permit or renewal thereof may be appealed to the City Council by the applicant by filing with the City Clerk a notice of appeal within 10 days after receipt of the Director of Public Works’ written notice of denial. The decision of the City Council shall be final. No permit issued hereunder shall be transferred to any subsequent occupant of the same residence.

Self-hauler garbage, recyclables or organic waste may not elect to use a third-party contractor or service provider and must rely on their own personal vehicle. Self-hauling within this section must be conducted on a weekly basis and dump tickets must be submitted to the Public Works Department on a quarterly basis. (Ord. 1118 Sec. 1, 2024)

6.42.150 Payment of bills.

Payment of bill issued by the franchise hauler for services shall be paid directly by the franchise hauler. (Ord. 1118 Sec. 1, 2024)

6.42.160 Penalty.

Any solid waste collection billing that is not paid on the due date is subject to penalties as provided in the franchise hauler agreement. (Ord. 1118 Sec. 1, 2024)

6.42.170 Manure collection.

It is the intent of this section to outline best management practices and to establish regulations for the proper handling, temporary storage, collection, and disposal of manure in the City. These practices are designed to prevent the discharge of pollutants into stormwater runoff which enters the municipal separate storm sewer system (MS4), prevent leaching of nutrients into the groundwater and to minimize fly breeding and wind induced pollutants from stored manure. This chapter also requires all persons in the City who keep livestock to participate in the City’s manure collection program (except those with a self-haul permit issued by the City) and pay the associated service fees charged by the franchise hauler. This is in pursuance of and in conjunction with existing environmental and water quality laws and regulations including Chapter 15.70, the municipal separate storm sewer system permit (MS4 permit), the National Pollutant Discharge Elimination System (NPDES), and the Federal Clean Water Act (33 U.S.C. Section 1342).

The standards, regulations, and best management practices established in this chapter shall apply to all persons within the City limits of the City. Persons who do not keep livestock shall not be required to participate in the manure collection program. (Ord. 1118 Sec. 1, 2024)

6.42.180 Best management practices for manure storage and disposal.

It shall be unlawful for any person to store or dispose of manure except by best management practices. Best management practices for the proper storage and disposal of manure must eliminate or minimize the potential of runoff containing pollutants and leaching of nutrients into groundwater or surface waters from areas where manure accumulates or is temporarily stored, and are as follows:

A. Manure Storage on Private Property.

1. Manure shall be removed from stalls, paddocks, arenas, corrals and other livestock keeping areas on a regular basis, i.e., daily is best but at a minimum weekly is required.

2. Manure shall be stored in containers which are approved by the City or in a designated manure waste storage area constructed in conformance with the minimum guidelines established in this chapter.

3. Manure storage, whether in a cart, dumpster bin, roll-off box or constructed structure, shall be stored at least 35 feet from the nearest neighboring dwelling unit. Notwithstanding the foregoing, installation of a dwelling unit after the construction of a manure storage structure shall not require removal, alteration, or relocation of the manure storage structure.

4. Approved containers are those supplied by the City’s franchise hauler and include carts, two-yard bins and roll-off boxes or otherwise approved by the City Manager or their designee. All such containers shall be equipped with working lids to minimize water accumulating within the container.

5. Manure storage areas shall be constructed in such a manner as to minimize potential runoff. No manure storage structure or container shall be placed within 10 feet of a flood control channel or open storm drain. Storage areas shall be constructed with a three-walled, fireproof structure on a concrete base with a roof or tarp per standards established by the Director of Public Works.

6. Manure runoff which discharges onto adjacent property, onto City streets, horse trails, or into flood control channels is prohibited, and allowing such to occur, intentionally or negligently, shall be in violation of this chapter.

B. Manure Collection Services.

1. Persons who keep livestock shall regularly dispose of accumulated and stored manure. Manure shall be removed from properties on a weekly basis unless an approved hauler scheduling allows for a variation.

2. All persons who keep livestock shall participate in the City manure collection program. The collection and transportation of manure from commercial and private properties within City boundaries shall be done utilizing the City designated franchise disposal contractor. However, persons who have been issued a valid self-haul permit may privately haul their manure to an approved designated disposal facility in lieu of the City’s franchise collection contractor. In order to do so, such persons must be issued a self-haul permit from the City’s Director of Public Works. Such permits shall be reviewed annually. Self-haul or self-hauling of manure is defined as a generator or responsible party who transports manure that is generated on site to a City approved recycling facility by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the services of the City’s franchise hauler. All manure self-haulers must obtain an annual self-haul permit and provide an annual report to the City outlining the tonnage of material recycled each year.

C. Manure Spreading and Composting.

1. Manure spreading over arenas, pastures, corrals or other livestock areas as an alternative means of disposal is prohibited and shall be in violation of this chapter.

2. Manure composting is prohibited and shall be in violation of this chapter. (Ord. 1118 Sec. 1, 2024)

6.42.190 Requirement to participate in the franchise hauler manure collection services.

Every person or owner of residential, commercial or public property in the City that keeps livestock shall adhere to all manure management practices. Failure to participate in the franchise hauler manure collection services shall subject the violator to the general penalties set forth in Chapter 1.04 and to administrative citations pursuant to Chapter 1.05. (Ord. 1118 Sec. 1, 2024)

6.42.200 Third-party haulers.

Persons may elect to use third-party haulers for manure collection services but those haulers must not provide duplicate services provided (e.g., manure carts/bins/roll-offs) by the City’s franchise hauler and shall be governed by this chapter and Chapter 6.45. Persons must obtain a manure third-party permit from the Public Works Department. Third-party haulers must also have a City business license, provide proof of insurance, and provide the Public Works Department with quarterly and annual tonnage reports of manure diverted to a City approved processing facility. Failure to meet these requirements shall result in the permit being rescinded. Any persons using a third-party hauler without a permit from the City shall be subject to the general penalties set forth in Chapter 1.04 and to administrative citations pursuant to Chapter 1.05. (Ord. 1118 Sec. 1, 2024)

6.42.210 Manure self-haul permit.

Notwithstanding anything to the contrary in this chapter, one may provide his/her own service for the removal or disposal of manure created from his/her own residence upon making application for and receipt of the necessary permit from the Director of Public Works. The Director of Public Works shall issue a permit upon determination that the applicant is able to dispose of the manure by transporting the manure to a City approved recycling facility in a safe and sanitary manner in accordance with the provisions of a self-haul permit. Self-haul or self-hauling of manure is defined as a generator or responsible party who transports manure that is generated on site to a City approved recycling facility by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the services of the City’s franchise hauler. All manure self-haulers must obtain an annual self-haul permit and provide an annual report to the City outlining the tonnage of material recycled each year. Such permit shall expire on the thirty-first of December each year, and may be renewed by the permittee for periods of one year upon written application to the Director of Public Works made prior to the expiration of the initial permit or any prior renewal thereof. A denial of an application for a permit or renewal thereof may be appealed to the City Council by the applicant filing with the City Clerk a notice of appeal within 10 days after receipt of the Director of Public Works’ written notice of denial. The decision of the City Council shall be final. No permit issued hereunder shall be transferred to any subsequent occupant of the same property. (Ord. 1118 Sec. 1, 2024)

6.42.220 Mandatory recycling.

It shall be mandatory for all generators of residential, commercial, and industrial recyclables in the City that generate the minimum volume of refuse specified in any existing or future State laws or regulations (including but not limited to Public Resources Code Section 42649.2) to separate from refuse, for recycling purposes, all designated recyclables, to arrange for recycling services, and otherwise participate in recycling as described by this chapter. Furthermore, it shall be mandatory for all residential, commercial and industrial generators of organic waste in the City that generate the minimum volume of organics specified in any existing or future State laws or regulations (including but not limited to Public Resources Code Section 42649.81) to separate from refuse, for recycling purposes, all designated organics, to arrange for recycling services, and otherwise participate in recycling as described by this chapter. (Ord. 1118 Sec. 1, 2024)

6.42.230 Recycling programs.

A. The City Manager shall establish and promulgate reasonable regulations, guidelines and other program-related specifics as to the implementation of recycling programs for residential, commercial, and industrial recycling, including the method for collection of designated recyclables and organics.

B. Commercial and industrial establishments shall develop their respective in-house recycling plans that provide for the collection of designated recyclables and organics in conjunction with the City’s established recycling programs. The City and the contract or franchise agent(s) shall assist in program development and provide technical expertise and training materials.

C. Collection of recyclables from single-family residential units shall minimally occur once weekly. For commercial and industrial entities, collection of recyclables and organics shall be provided as needed to meet demand. However, due to the nature of decomposition of organic material the frequency of collection of organics shall be at a minimum on a weekly basis.

D. The City encourages use of buy-back centers, donation centers (for used furniture and other reusable bulky items, and nonprofit agents), scrap dealers, home and commercial composting, source reduction, and other creative, lawful and environmentally sound efforts to reduce waste in accordance with this chapter that do not conflict with any established or planned City-sponsored recycling, composting or source-reduction programs. (Ord. 1118 Sec. 1, 2024)

6.42.240 Separation of recyclables, organics, and manure, storage, and containers.

A. The owner, operator, and/or occupant of any premises, business establishment, industry, or other property, vacant or occupied, shall be rebuttably presumed to be the generators of, and be responsible for the safe and sanitary storage of, all solid waste, designated recyclables, organic materials, and manure accumulated on the property. The designated recyclables, organics, and manure shall be stored separately from refuse. The property owner, operator, or occupant shall store such solid waste, designated recyclables, organics, and manure on the premises or property in such a manner so as not to constitute a fire, health, or safety hazard, and shall require it to be handled in such a manner so as not to promote the propagation, harborage, or attraction of vectors, or the creation of litter or other nuisances.

B. A container or containers for designated recyclables, organics, and manure shall be provided by the contract or franchise agent(s) for any premises generating residential or commercial recyclables, organics, or manure, for the exterior collection of designated recyclables, organics, or manure. The containers shall effectively segregate the designated recyclables, organics, or manure from refuse.

C. All such containers to be used in the City’s recycling programs shall be approved by the City Manager, in conjunction with the contract or franchise agent(s).

D. Designated recyclables, organic materials, and manure shall be sorted as established by program guidelines and placed in separate containers, containers with segregated compartments, or commingled (in one recycling container), as agreed upon by the City Manager and the contract or franchise agent(s). Containers, if more than one, shall be grouped together and placed for collection at the same time as when regular refuse collection occurs or at designated recycling collection times (if different from refuse collection) and at designated recycling collection locations.

E. All containers used for recycling purposes, storage or collection, including commercial and industrial recycling containers used in City recycling programs as well as all other containers used for recycling purposes whether owned or operated by a commercial entity, nonprofit organization, or any other person or entity, shall be identified with the name and current telephone number of the owner or the responsible agency or person.

F. Containers which do not comply with the requirements of this section shall be presumed to be refuse and taken by the contract or franchise agent(s) for disposal or potential use as salvaging or recycling containers.

G. It shall be unlawful for any person to dispose, dump, or otherwise place material other than designated recyclables, organics, or manure in a designated container or at a designated collection or storage location.

H. Exemption. Designated recyclables or organics which are source-sorted by their generator for the purpose of recycling by selling them to a buy-back center or donating them to a City-licensed nonprofit or community group conducting recycling programs for the purpose of raising funds do not have to be placed in the designated recycling container required by this section, nor placed in a designated recycling collection location in accordance with this section. When designated recyclables or organics are received by a City-licensed nonprofit or community group conducting recycling programs for the purpose of raising funds, they shall be stored and sorted in accordance with this section and transported to a buy-back center for the purpose of recycling. (Ord. 1118 Sec. 1, 2024)

6.42.250 Recycling reports.

A. All commercial and industrial establishments that self-haul or back-haul their own recyclables shall submit recycling tonnage documentation on an annual basis to the City’s Public Works Department, due on or before January 31st, for the previous year. Annual reporting shall be on the form promulgated by the Public Works Department.

B. All applicants for a construction or demolition permit for a covered project must submit a waste management report (WMR) to the Public Works Department for approval, prior to permit issuance, per Section 6.42.280. (Ord. 1118 Sec. 1, 2024)

6.42.260 Scavenging.

A. It shall be unlawful for any person other than authorized City personnel or contract or franchise agent(s) to remove any separated designated recyclable(s) or salvageable commodity from any designated recycling collection or storage location, or designated recycling container. However, the original generator of the designated recyclables or organics may, for any reason, remove the designated recyclables or organics placed by said generator from the designated recycling container or designated recycling collection or storage location in which said generator had originally placed them.

B. It shall be unlawful for any person to disturb, tip, deface, modify, harm, or otherwise tamper with any container or designated recycling collection or storage location containing designated recyclables, or the contents thereof, or to remove any such container from the location where the same was placed by the generator thereof, or to remove the contents of any such container, unless authorized by the generator of such designated recyclables or duly authorized City personnel or contract or franchise agent(s). (Ord. 1118 Sec. 1, 2024)

6.42.270 Composting.

Composting of organic materials on residential properties is allowed in the City based on the guidelines outlined herein. The City reserves the right to inspect and cite any residential property conducting composting to ensure proper methods are being utilized to prevent nuisance odors or potential infestation of bugs or rodents from impacting neighboring properties.

A. Defined. For the purposes of this section, composting is a microbial process that converts plant materials to a usable organic soil amendment or mulch. Compost is the product resulting from the biological decomposition of organic wastes and is intended to be reused as potting soil or soil building amendment on the property where the compost was generated. Compost may not be sold but can be donated to other properties.

B. Compost Location. Composting shall be conducted in a designated location within a covered or uncovered container, enclosed on all vertical sides or in a wind row with adequate protections at ground level to prevent runoff. Containers shall be of a durable material and shall be constructed and maintained in a structurally sound manner. Wood used in the construction of a compost container must be sound and free of rot. Runoff protection should be at least six inches high and made of durable material such as sandbags, wattles or two-inch by six-inch lumber planks.

C. Size. The maximum size for a compost area on lots less than one acre with a residential structure shall be 20 cubic yards. The maximum size for a compost area on lots greater than one acre with a residential structure shall be 40 cubic yards. Composting may not be conducted on undeveloped residential lots.

D. Location on Property. The compost container(s) shall not be located closer than five feet from the rear property line and shall not be located in any required front or side yard as defined in the zoning code, nor closer than 20 feet to any habitable building off of the subject property.

E. Acceptable Materials for Backyard Composting. Composting materials include: food scraps, garden wastes, weeds, lawn cuttings, leaves, pruning, and certain animal waste. Compost piles shall include an appropriate mix of nitrogen-rich materials (or “greens”) and carbon-rich materials (or “browns”) to reduce odor and ensure adequate composting. The use of manure in composting must not exceed 20 percent of the composting area.

F. Prohibited Compost Materials. The following compostable materials shall not be placed in a backyard composting container: meat, fats, oils, grease, bones, whole eggs, milk or other dairy products, human waste, dog or cat waste, pesticides, herbicides, noxious weeds, diseased plant material in which the disease vector cannot be rendered harmless through the composting process, and any other mixed municipal solid waste that may cause a public health risk or create nuisance conditions.

G. Maintenance. Compost materials shall be layered, aerated, moistened, turned, and managed to promote effective decomposition of the materials in a safe, secure and sanitary manner. Compost materials shall be covered with a layer of material such as leaves, straw, wood chips, or finished compost to reduce odor.

H. Educational Materials. The City shall prepare and distribute informational materials to assist persons wishing to conduct source-separated organic composting in an efficient manner that minimizes public nuisance conditions.

I. Abatement. All compost containers and/or compost materials not in compliance with this section shall be declared a public nuisance and are subject to abatement as provided in Chapter 6.22. In addition, the City may require individuals whose compost containers and/or materials are not in compliance with this section to attend a master composter or similar educational program as a condition of continuing to compost on a subject property. (Ord. 1118 Sec. 1, 2024)

6.42.280 Construction and demolition debris recycling.

The provisions of this chapter shall outline the means of achieving compliance with California Green Building Standards Code (Title 24, Part II, Sections 4.408 and 5.408) and this municipal code. Where this municipal code is more stringent, this municipal code applies.

A. Projects.

1. Covered Projects. The following project categories are covered projects and must comply with this section:

a. Any project requiring a permit for demolition or construction, unless defined as a noncovered project in subsection (A)(2) of this section.

b. Any sequenced developments, such as housing subdivision construction or subdivision demolition, must be considered as a project in its entirety for purposes of this section, and not as a series of individual projects.

c. Any individually built single-family home.

2. Noncovered Projects. A performance deposit and waste management report shall not be required for the following:

a. Work for which a construction or demolition permit is not required.

b. Roofing projects that do not include tear-off of existing roof.

c. Work for which only a plumbing, only an electrical, or only a mechanical permit is required.

d. Seismic tie-down projects.

e. Pool demolition project where materials are buried on site.

f. Emergency required to protect public health and safety.

B. Submission of Waste Management Report.

1. Construction and Demolition Waste Management Report Forms. Applicants for any covered project shall complete and submit a construction and demolition waste management report on a waste management report form (WMR) approved by the City for this purpose. The WMR may be administratively updated by the Director of Public Works or his/her designee to meet the requirements of the City and California Green Building Standards Code. The purpose of the WMR is to illustrate how the applicant plans to comply with the diversion requirements per diversion requirement and the California Green Building Standards Code Sections 4.408 and 5.408. Upon project completion, which is defined as the issuance of the certificate of occupancy, the WMR will illustrate how the applicant complied with the diversion requirements prior to the issuance of the certificate of occupancy.

2. Initial Application. Notwithstanding any other provision of this code and California Green Building Standards Code, no construction or demolition permit may be issued until the initial construction and demolition waste management report has been approved by the Public Works Department. The Public Works Department will respond to the applicant’s WMR submittal within 10 business days with an approval, denial or request for clarification.

3. Amount of Performance Deposit. The applicant for any covered project shall submit to the City a performance deposit for tenant improvements and individual single-family home construction, remodel, addition or renovation projects. The amount of the performance deposit shall be calculated as the greater of $250.00 or three-quarters of one percent of the total project cost for new construction and greater of $250.00 or one and one-half percent of the total project costs for demolition projects or $30,000 maximum. Acceptable forms of payment include cash, money order, or check.

Performance deposit funds in the form of cash, money order, or check will be placed in a secured account. The performance deposit shall be returned to the applicant upon acceptance of proof of compliance in full. If partial compliance, the performance deposit will be refunded on a prorated basis dependent on the degree of compliance.

4. Documentation. Within 30 days after demolition is completed (if a demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicant shall submit to the Public Works Department documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (C) of this section. The documentation shall include all of the following:

a. Receipts from the vendor or facility that received each material, showing the material was accepted by the vendor or facility as construction and demolition (C&D), and actual weight or volume of that material;

b. A copy of the completed waste management report form, in its entirety; photographs and narrative documentation of the applicant’s reuse activities.

5. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction, renovation and demolition waste diverted for reuse or disposed of is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction, renovation and demolition waste shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction, renovation and demolition waste for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used.

6. Determination of Compliance and Release of Performance Deposit. The Public Works Department shall review the information submitted under this section and determine whether the applicant has complied with the diversion requirement, as follows:

a. Compliance. If the Public Works Department determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the release of the performance deposit to the applicant within 60 days of the applicant’s submission of the documentation required under this section. If the applicant has complied in part, a portion of the performance deposit will be withheld. The amount withheld will be proportional to the percentage of materials that are not recycled/diverted.

b. Noncompliance. If the Public Works Department determines that the applicant failed to submit the documentation within the required time period, then the performance deposit shall be forfeited to the City. All forfeited and/or unrecovered funds shall be used for waste reduction and recycling activities.

C. Exemption.

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

2. Meeting With Public Works Department. The Public Works Department shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement.

3. Granting of Exemption. If the Public Works Department determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMR submitted by the applicant. The Public Works Department shall return a copy of the WMR to the applicant marked “Approved with Exemption.” The applicant shall then be responsible for diverting the revised rate noted by the Public Works Department on the approved WMR, in compliance with the provisions of this section.

4. Denial of Exemption. If the Public Works Department determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall resubmit a WMR form in full compliance with this section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not comply with this section, the Public Works Department shall deny the WMR.

D. Appeal. Appeals of a determination made by the Public Works Department under this section shall be made to the City Manager or designee. The appeal shall be in writing and filed with the City Clerk within 10 business days of issuance of the Public Works Department decision. The appeal shall be limited to the following issues: (1) the granting or denial of an exemption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final. (Ord. 1118 Sec. 1, 2024)

6.42.290 Enforcement.

A. The City Manager or designee is responsible for enforcing the provisions of this chapter.

B. Types of materials included in designated recyclables or organics may be administratively added or deleted by the City Manager under emergency conditions (to include market failures), subject to formal ordinance amendment approved by the City Council, if such conditions persist.

C. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. In addition to other remedies provided by law, any person violating any provision of this chapter for failing to comply with any of the requirements is deemed guilty of an infraction in the manner provided in Section 1.04.010.

D. Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person.

E. Each such violation shall be subject to the provisions of Section 1.04.010.

F. Nothing in this chapter or its implementing regulations shall prevent the City or its contract or franchise agent(s) from efforts to obtain voluntary compliance by way of warning, notice of violation, educational or other means. (Ord. 1118 Sec. 1, 2024)

6.42.300 Violation—Penalty.

Any person, firm or corporation who shall violate any provision of this chapter shall be subject to the provisions of Section 1.04.010. Any person, firm or corporation that provides waste services and/or transports refuse or recyclables within the incorporated area of the City shall provide monthly, quarterly, and annual tonnage reports in compliance with AB 939 (California Public Resources Code Section 41000 et seq., as amended). (Ord. 1118 Sec. 1, 2024)