CHAPTER 20
SOLID WASTE COLLECTION AND REGULATIONS
Article 1 DEFINITIONS
4.20.102 Definitions.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"Act" means the California Integrated Waste Management Act of 1989 (sometimes referred to as "AB 939"), Public Resources Code Section 40000 and following as it may be amended, 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 Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.
"Bulky items" means discarded large household appliances such as washers and dryers, dishwashers and other appliances without freon (white goods), e-waste, furniture, tires, carpets, mattresses and similar large items which require special handling due to their size, but can be collected without special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not include abandoned vehicles.
"City" means the City of Oakley.
"City franchise hauler" means any person with whom the City shall have duly contracted under the terms hereinafter set out in this article to collect and transport solid waste, recyclables, and/or organic materials in, through, and from the City.
"Construction and demolition debris" ("C&D debris") means solid wastes such as building materials, packaging and inert debris resulting from C&D projects. Common C&D debris include but are not limited to: lumber, metals, pipe, wire, sheet metal, asphalt, concrete, stone, brick, slate, masonry, drywall, carpet, carpet padding and foam, packing materials, cardboard, paper, building materials, doors, windows, fixtures, plastics, appliances, ceiling or floor tiles, and green waste or landscape debris related to land development such as soil, brush, trees, rock, branches and stumps.
"E-waste" means discarded electronics equipment such as cell phones, personal digital assistants (PDA), computers, monitors, televisions, and other items containing cathode ray tubes (CRTS), LCD, LED or plasma screens and monitors.
"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste or organics if it is recovered and not discarded. Nothing in this chapter or in 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.
"Exempt waste" means biohazardous or biomedical waste, hazardous waste, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter or materials which are not acceptable for disposal at a solid waste landfill as defined in AB 939 and subsequent legislation, and those wastes under the control of the Nuclear Regulatory Commission.
"Food recovery organization(s)" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including food recovery services that transport food for recovery. This includes, but is 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.
"Garbage" means all putrescible and nonputrescible solid, semisolid, and liquid wastes generated or accumulated through the normal activities of a premises. All nonrecyclable packaging and putrescible waste attributed to normal activities of a premises. Garbage must be generated by and at the premises wherein the garbage is collected. Garbage does not include recyclable materials, organic materials, construction and demolition debris, bulky items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.
"Green waste" means organic material from trees, shrubs, plants, weeds, branches, grass, lawn clippings, other vegetation, and material capable of being composted; provided, that trees may not be more than six inches in diameter. Green waste does not include plastic bags, bricks, rocks, gravel, large quantities of dirt, concrete, sod, nonorganic wastes, loose fruits and vegetables, tree trunks, stumps, branches more than six inches in diameter or three feet in length, or pet waste.
"Hazardous waste" means any waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (“RCRA”), or the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. Section 9601 et seq., and all future amendments to either of them, or as defined by the California Environmental Protection Agency or the California Department of Resources, Recycling and Recovery, or either of them. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction thereover, the term "hazardous waste" shall be construed to have the broader, more encompassing definition. Hazardous waste shall also have the meaning as that term is defined in Public Resources Code Section 40141.
"Household hazardous waste" means hazardous waste generated at residential sites in the City, including normal residential amounts of household chemicals, pesticides, motor oil, paint, products containing mercury, e-waste categorized as universal waste (such as television tubes or monitors), antifreeze, and lead-acid batteries.
"Inert debris" means asphalt, brick, concrete, cinder block and other masonry products, stone, slate, or rock, whether reinforced or unreinforced. All inert debris materials are contained within the definition of “C&D debris” for purposes of this article.
"Multifamily residential dwelling" ("MFD") means residential premises with five or more dwelling units located on a single parcel of land and any mobile home park located within the city. Multifamily residential dwellings do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
"Organic materials and organics" means organic material that can biologically decompose into a specific mixture of decayed matter, including, without limitation, green waste and food waste which means food scraps separated from solid waste that will decompose and/or putrefy including all residential and commercial kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs. The terms "organic materials" and "organics" are used interchangeably.
"Organic waste generator" means a person or entity that is responsible for the initial creation of organic materials, or as otherwise defined in 14 CCR Section 18982(a)(48) of SB 1383.
"Person" includes any individual, firm, partnership, co-partnership, corporation, limited liability company, trust, association, or any other form of business enterprise.
"Premises" means any dwelling, place of residence, rooming house, hotel, club, restaurant, boardinghouse, eating place, shop, place of business, and any other building, grounds, or location where solid waste is or may be produced or accumulated, including all sidewalk, curb, gutter, and street and alley areas adjacent thereto.
"Recoverable material" means material which is capable of being retrieved or diverted from disposal or transformation for the purpose of recycling, reuse, and composting. Recoverable material does not include those materials generated from and reused on site for manufacturing purposes.
"Recyclable materials" means any materials or by-products that are set aside, handled, and/or packaged for purposes of recycling, including, without limitation, glass, paper, cardboard, wood, concrete, plastic, used motor oil and filters, ferrous and nonferrous metal, aluminum, and any other waste materials that are capable of being recycled. This definition includes construction and demolition debris, including inert debris but excludes hazardous waste.
"Recycling" means the process by which material which would otherwise be disposed of is collected, sorted, cleansed, treated, reconstituted, and reused to make another product after its first use is completed and for which a market is identified for the collected materials.
"Reuse" means the recovery or reapplication of the material for uses similar or identical to its originally intended application, without manufacturing or preparation processes that significantly alter the material.
"SB 1383" means the Short-Lived Climate Pollutants: Methane Emissions: Dairy and Livestock: Organic Waste: Landfills Act of 2016. Article 4 Title 14, Division 4, Chapter 12 of the California Code of Regulations.
"Self-hauler(s)" means a person who hauls solid waste, recyclable materials, or organic materials that he or she has generated to another person. Self-hauler also includes a person who back-hauls solid waste, or as otherwise defined in 14 CCR Section 18982(a)(66). "Back-haul" means generating and transporting organic materials 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).
"Solid waste" means garbage, recyclable materials, organic materials, construction and demolition debris, bulky items, e-waste, universal waste, and other discarded solid and semisolid wastes as defined in the California Public Resource Code Section 40191, as that section may be amended from time to time. "Solid waste" means all such materials defined in PRC 40191. Solid waste does not include exempt waste or any of the following wastes: 1) hazardous waste other than e-waste; 2) radioactive waste; and 3) medical waste regulated pursuant to the Medical Waste Management Act.
"Source reduction" means efforts taken to minimize the quantity of waste generated and entering the wastestream.
"Special handling materials" means all materials which are defined as requiring special handling for the public health and safety by Federal, State or County laws or regulations.
"Subscriber" means all persons, firms, corporations, or entities which generate, keep, or accumulate solid waste, recyclable materials, organic materials or salvageable materials, hazardous waste, infectious wastes or special handling materials within the boundaries of the City.
"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:
1) Supermarkets with gross annual sales of $2,000,000 or more.
2) Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.
3) Food service provider.
4) Wholesale food vendor.
SB 1383 tier one commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2022, or face significant financial penalties.
"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following:
1) Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
2) Hotel with an on-site food facility and two hundred (200) or more rooms.
3) Health facility with an on-site food facility and one hundred (100) or more beds.
4) Large venue.
5) Large event.
6) A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.
7) A local education agency facility with an on-site food facility.
SB 1383 tier two commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2024, or face significant financial penalties.
"Universal waste" means televisions, computer monitors, consumer electronics with circuit boards, fluorescent lamps, cathode ray tubes, nonempty aerosol cans, instruments and switches that contain mercury, and dry cell batteries containing cadmium copper or mercury.
"Wastestream" means the process of placing solid waste, organic materials, and recyclable materials for collection, the collection of same by the City franchise hauler, and the delivery of same by the City franchise hauler to a licensed sanitary landfill.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
Article 2 SOLID WASTE COLLECTION FRANCHISES
4.20.202 Collection Franchises; Purpose and Declarations.
a. It is hereby declared and determined that the business of collecting, transporting, disposing and/or recycling of solid waste, recyclable materials, and organic materials affects the health, safety and public welfare and quality of life of residents of the City. Therefore, one purpose of this chapter is to regulate this business in order to ensure its orderly operation and to minimize any adverse effects on the environment.
b. It is also the intent of this chapter to generate revenue for municipal purposes, including, but not limited to, the maintenance of public streets and roadways impacted by the heavily laden vehicles used in this business.
c. The City is required by State law to adopt and implement an integrated waste management plan and to reduce the wastestream going into landfills. The chapter is also designed to assist with these goals and further the City’s compliance with the Act and SB 1383.
d. The City, by adoption of this chapter, has elected to utilize the authority in State law to have the ability to grant franchises for the collection, transporting, disposing and/or recycling of solid waste, organic materials, and recyclable materials.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.204 Activities Which Are Unlawful Unless Authorized.
Except as specifically exempted in this chapter, it is unlawful for any person to engage in the business of collecting, transporting, removing, disposing, processing, and/or recycling of solid waste, recyclable materials, and organic materials kept, accumulated or produced in the City unless a franchise therefor has been granted in writing pursuant to the provisions of this chapter, and unless a written franchise agreement therefor has been signed between such City franchise hauler and the City, and unless such franchise and agreement is in full force and effect.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.206 Exemptions.
The provisions of this chapter shall not apply to:
a. The City of Oakley or any person employed by the City.
b. Persons or their employees hauling no more than one ton per month of solid waste which they generate pursuant to a construction project for which that person holds a valid building permit.
c. Persons hauling source-separated recyclable materials who operate one vehicle and without an established route or billing system.
d. Persons operating a small collection facility and/or recycling center, to which customers themselves deliver recyclable materials in exchange for cash or other consideration.
e. Self-haulers, as defined herein.
f. Persons collecting, transporting or disposing of hazardous waste regulated by Federal or State law when engaged in that activity.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.208 City Council Authority to Grant Franchise.
The City Council may and is hereby empowered to grant to any person, whether operating under an existing franchise agreement or not, a franchise, either exclusive or nonexclusive, to engage in the business of collecting, transporting, removing, disposing, processing, and/or recycling of solid waste, organic materials, and recyclable materials kept, accumulated, or produced in the City.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.210 Franchise; Terms and Conditions.
a. The services provided by the City franchise hauler do not constitute a "public work" and are not subject to California Labor Code Sections 1720 through 1901.
b. All franchises granted pursuant to this article shall be subject to the terms of the franchise agreement approved by the City Council and also by the terms of this chapter and of the Oakley Municipal Code.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.212 Granting of Franchise.
If the City Council wishes to grant a franchise agreement pursuant to this article, it shall do so at a regular City Council meeting. No franchise shall be effective until a written franchise agreement has been presented at a regular City Council meeting and approved by a majority vote of the City Council and has been signed and delivered by the person authorized by the City franchise hauler to do so, and until all other requirements set forth in this chapter and in the franchise agreement have been satisfied, including but not limited to evidence of compliance with the insurance and indemnification requirements in a form acceptable to the City and specified in the franchise agreement.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.214 Indemnification of City.
The City franchise hauler shall indemnify and hold the City, its officers, employees and agents harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney’s fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted by the City franchise hauler under this chapter or under any franchise granted pursuant to this chapter.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.216 Term of Franchise.
The term of any franchise shall be as stated in the franchise agreement, but generally shall not be for a period in excess of twenty (20) years without extraordinary reason for a longer term. The franchise agreement may provide for the manner and procedure for renewal of the franchise.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.218 Termination or Suspension of Franchise.
a. The City Council shall have the right to terminate any franchise issued pursuant to this article pursuant to the terms of the franchise agreement.
b. Unless provided otherwise in the franchise agreement, a notice of intent to terminate a franchise shall be personally delivered or mailed to the City franchise hauler at its address as identified in the franchise agreement. The notice shall state grounds for suspension or termination of the franchise and shall state the time, date and place of a hearing before the City Council, which shall be scheduled at least thirty (30) days subsequent to the date of the notice.
c. Unless provided otherwise in the franchise agreement, the City Council shall have the right to terminate or suspend any franchise if it finds after a hearing that:
1) The franchisee has failed to substantially comply with a material provision of the franchise agreement, or to substantially perform any material covenant required of the City franchise hauler by this chapter or the franchise agreement, or has violated any Federal, State or local law, ordinance or regulation applicable to the operation of the franchise; or
2) Any provision of this chapter or the franchise agreement is repealed or becomes or is declared invalid or unenforceable, and the City Council determines that such provision constitutes a material consideration to the grant or continuation of the franchise.
d. Unless provided otherwise in the franchise agreement, prior to giving notice of intent to terminate, the City shall first provide the City franchise hauler with a written notice of violation and order to correct, with such violation or correction to be made within thirty (30) days or such other time as may be specified in the notice. If the City franchise hauler corrects the violation, then the City shall not pursue the termination or suspension of the franchise, unless the City franchise hauler has been given more than one notice of violation and order to correct, in which case the City may, but is not obligated to, pursue termination or suspension of the franchise.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.220 Franchise Fees.
The City franchise hauler shall pay a franchise fee to the City during the term of the franchise. The franchise fee shall be in the amounts and shall be paid in the manner specified in the franchise agreement. The payment of the franchise fee shall be in addition to any license fee or business license tax or fee prescribed by the City for the same period.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.222 City Inspection Authority.
The City franchise hauler shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations within the City under the franchise granted. The City franchise hauler’s books, accounts and records related to its operations within the City pursuant to the franchise shall be open to inspection, examination and audit by authorized officers, employees and agents of the City during times and places that do not create an unreasonable burden for the City franchise hauler.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.224 Regulation of Rates and Charges.
If a rate and charges setting procedure is set forth in the franchise agreement, the method for determining the rates and charges shall be determined by the franchise agreement. If the franchise agreement does not set forth a rate and charges method, the provisions of this section shall apply. The rates and charges imposed by the City franchise hauler upon residential customers shall be regulated by the City and shall be approved by the City Council in advance of the rates and charges being established and collected by the City franchise hauler. The City Council shall approve rates and charges which cover the cost of providing the services and also provide a fair rate of return for the City franchise hauler. The City shall maintain supervisory control over the rates and charges imposed by the City franchise hauler on nonresidential customers in that the City Manager shall be vested with the authority to hear complaints from such customers and to resolve such matters with the City franchise hauler.
The City franchise hauler shall notify the City Manager of proposed increases to its residential rates and charges at least ninety (90) days prior to its intended commencement date for such rates and charges.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.226 Violations of Franchise/Remedies and Enforcement.
a. No person shall collect, transport, dispose, or convey, or cause or permit to be collected, transported, disposed, or conveyed, any solid waste, recyclable materials, and/or organic materials unless the City has granted that person a franchise pursuant to the terms of this chapter and a written franchise agreement is entered into between the City and that person. The City shall have the right to require any person operating in the City to provide any documentation and/or information requested by the City in order to determine whether a violation of this chapter has occurred. Persons in violation of these requirements or any other provision of this chapter relating to the unauthorized collection, transport, disposal, or conveyance of solid waste, recyclable materials, and/or organic materials shall be guilty of a misdemeanor pursuant to Section 1.5.002 et seq. and the City shall have the right to pursue all available legal and equitable remedies against such person, including, without limitation, those identified in Section 1.5.002 et seq. No language in this chapter shall be construed as limiting or modifying the right of the City franchise hauler to file a civil action against any person that violates any of the terms of this chapter or any of the rights granted to the City franchise hauler by the City under this chapter or pursuant to a written franchise agreement between the City and the City franchise hauler.
b. City Manager Authorization. The City Manager is authorized to administer and enforce the provisions of this chapter. The City Manager, or anyone designated by the City Manager to be an enforcement officer, may exercise such enforcement powers.
c. Administrative Citations and Orders. If the City Manager determines that a person is in violation of this chapter, the City Manager may issue administrative citations or orders and fines pursuant to Section 1.5.002 et seq. for violations of this chapter or of any rule or regulation adopted pursuant to this chapter, except as otherwise provided in this chapter. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety and shall govern the imposition, enforcement, collection and review of administrative citations or orders issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter; provided, however, that the City Manager may adopt regulations providing for lesser penalty amounts. The City Manager has the authority to impose administrative penalties for the notices of violations.
d. The City Attorney may seek injunctive relief or civil penalties in the Superior Court in addition to the above remedies and penalties. Any remedy provided under this section is cumulative to any other remedy provided in equity or at law. Nothing in this chapter shall be deemed to limit the right of the City or its authorized collection agent(s) to bring a civil action; nor shall a conviction for such violation exempt any person from a civil action brought by the City or its authorized collection agent(s). The fees and penalties imposed under this chapter shall constitute a civil debt and liability owing to the City from the persons, firms or corporations using or chargeable for such services and shall be collectible in the manner provided by law. Nothing in this chapter shall be deemed to impose any liability upon the City or upon any of its officers or employees including without limitation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). This chapter does not do any of the following:
1) Otherwise affect the authority of the City Manager to take any other action authorized by this Code or any other provision of law.
2) Restrict the power of a City attorney, district attorney or the Attorney General to bring in the name of the people of the State, any criminal proceeding otherwise authorized by law.
3) Prevent the City Manager from cooperating with, or participating in, a proceeding specified in this chapter.
4) Affect in any way existing contractual arrangements, including franchises, permits or licenses, previously granted or entered into between the City franchise hauler and City.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021)
Article 3 REQUIRED SERVICE
4.20.302 Mandatory Service.
Every owner of a premises located within the City that generates solid waste, recyclable materials, or organic materials shall subscribe with the City franchise hauler for the collection and disposal of such material. Nothing herein shall prohibit the tenants or users of property from subscribing with the City franchise hauler for service. However, the owner of the premises shall remain ultimately responsible for establishing and maintaining a subscription for collection and disposal service with the City franchise hauler, and for paying the fees and charges therefor.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.304 Exemptions.
The City Manager may exempt a person from the requirement for mandatory service if the premises are unoccupied or undeveloped, or if no solid waste, recyclable materials, or organic materials are produced, kept, or accumulated on the premises.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.306 Level of Service.
Every owner of a premises located within the City as specified in Section 4.20.302 shall maintain a level of collection and disposal service that is adequate in terms of size of containers and frequency of collection so that the solid waste, recyclable materials, and organic materials container(s) remain closed with tops securely in place at all times. Solid waste removal service shall be provided at least once weekly. Recyclable materials and organic materials shall be collected at such times as are specified in the franchise agreement or by the City Council pursuant to resolution.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.308 Unlawful Collection or Transporting of Solid Waste.
It shall be unlawful for any person, firm or corporation, other than a City franchise hauler or its employees, a City franchise hauler’s authorized contractor, or a person, firm or corporation otherwise exempted by State or Federal law, to collect within the City or to transport or carry any solid waste, recyclable materials, organic materials, hazardous waste, infectious material or special handling material through the City, except self-haulers. Self-hauling is limited to occasional residential clearing and transporting of junk and nonputrescible solid wastes such as paper, cardboard, tin cans, yard clippings, wood, glass, crockery, and plastics from one’s own property, or to contractors removing such materials from their own job sites.
Self-haulers shall source separate all recyclable materials and organic materials (materials that the City otherwise requires generators to separate for collection in the City’s organic materials and recyclable materials collection program) generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.
Self-haulers shall haul their recyclable materials to a facility that recovers those materials; and haul their organic materials to a solid waste facility, operation, activity, or property that processes or recovers organic materials.
Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic materials; 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 materials, and 2) the amount of material in cubic yards or tons transported by the generator to each entity. If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic materials.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 1, Ordinance No. 16-10, adopted September 28, 2010; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.310 Burning and Burying Solid Waste.
It shall be unlawful for any person, firm, corporation or entity to discard, burn, or bury any solid waste on any private or public property, except in a landfill licensed by the County Health Department. This section does not prohibit composting when accomplished consistent with criteria and standards from the County Health Department.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.312 Time of Collection.
Unless dictated by an emergency, the City franchise hauler shall collect solid waste, recyclable materials and organic materials only during the hours specified in the franchise agreement.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.314 Unlawful to Dump on Public or Private Property.
It shall be unlawful for any person, firm or corporation to deposit or dump any solid waste in any location on public or private property, unless in a location specifically authorized in writing by the City Manager.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.316 Removal or Theft of Solid Waste, Recyclable Materials, and Organic Materials.
It shall be unlawful for any person other than the City franchise hauler to remove or take any solid waste, recyclable materials, and/or organic materials from containers which are left at or near the sidewalk for the City franchise hauler’s collection and removal. Containers having the City franchise hauler’s name or initials indicated thereon shall be presumed to be left for its collection. Once placed for collection by a subscriber, ownership of the solid waste, recyclable materials, and organic materials shall transfer to the City franchise hauler.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.318 Collection; Nonpayment.
It shall be unlawful for any subscriber to fail, neglect or refuse to pay the City franchise hauler the rates approved by the City Council for service. Upon an application by the City franchise hauler to the City, the City is authorized to use its enforcement authority, including, but not limited to, the right to subscribe to solid waste, recyclable materials, and organic materials or other service for the subject premises in six-month increments up to one year and place a special assessment lien on the premises pursuant to procedures specified herein.
If the City franchise hauler terminates service to any nonpaying subscriber, such subscriber, as a condition precedent to the reestablishment of service, shall fully comply with the current billing practices and policies of the City franchise hauler, including, but not limited to, requirements to pay in cash or cash equivalent, prepayment of one full billing cycle, payment of all costs of collection and payment of a reinstatement fee.
All costs of collecting delinquent payments including, but not limited to, interest charges, collection agency charges, and attorney fees and costs shall be added to and become a part of the charges owed for the services rendered to the subscriber by the City franchise hauler and shall be governed by this chapter in the same manner as the original charges, and may be placed against the premises as a special assessment lien.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.320 Emergency Situations.
When in the opinion of the City Manager or his/her designee a premises has become a public health and safety risk because of an accumulation of solid waste, garbage, recyclable materials, or organic materials, the City may order the City franchise hauler to enter the premises and to remove and dispose of all such materials creating a public health and safety risk. The City may advance the City franchise hauler’s cost for removing and disposing of such materials, but the responsibility for such cost resides in the owner of the premises. If the owner of the premises does not pay the invoice from either the City or the City franchise hauler for such removal and disposal, such costs may be recovered through a special assessment lien, as provided for herein.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.322 Collection of Unpaid Subscriptions; Special Assessment Lien Procedures.
The City may collect any past due subscription payments by use of all available legal means, including those methods available for the collection of judgments, special assessment liens and all actions for the recovery of money. The City may also recover its collection costs and reasonable attorney fees and court costs.
a. On a periodic basis as determined by the City Manager or his/her designee, a report shall be prepared and filed with the City Clerk with an assessment list which identifies each premises with delinquent subscriptions and for which the City has ordered subscription pursuant to Section 4.20.318 or emergency service pursuant to Section 4.20.320. The report and assessment shall provide a description of the premises, a description of the nature of the delinquency and the name and address of the owner of the premises.
b. Upon receipt of the report, the City Clerk shall post a notice of filing of the report in a conspicuous place in City Hall, with said notice specifying the filing date of the report and assessment list and the time and place when and where the report and assessment list will be submitted to the Administrative Hearing Officer as defined in Section 1.5.202(g), for hearing and confirmation. The City Clerk shall also mail by regular first class mail, postage fully prepaid, a notice to each owner of a premises identified in the report, at the last known address of the owner of the premises as listed in the County Tax Assessor’s or County records. If, after diligent search, the owner of the premises cannot be found, the notice shall be served by posting a copy thereof in a conspicuous location upon the premises for a period of ten (10) days. Said notice shall provide a description of the premises by street address and Assessor’s parcel number and the amount of the delinquency, including late payment fees and costs, and shall notify the owner that said delinquency and late payment fees and costs shall be assessed against the premises unless objection is made by the owner in writing and submitted to the City Clerk at least three days before the hearing. The failure of any person to receive notice shall not affect the validity of any proceedings herein.
c. The notice shall also specify the time and place when and where the proposed assessment will be presented to the Administrative Hearing Officer for hearing and confirmation.
d. Any owner who objects to the proposed assessment and who desires to challenge the proposed assessment at the hearing must submit any and all objections in writing to the City Clerk at least three days prior to the date of the hearing. The failure of any owner to submit written objections to the City Clerk at least three days prior to the hearing shall constitute a waiver of any such objections and the matter may be placed on the consent calendar of the agenda of the Administrative Hearing Officer.
e. At the time and place fixed for hearing and confirming the proposed assessments, the Administrative Hearing Officer shall consider the same. If no objection has been submitted and the matter placed on the consent calendar, then the Administrative Hearing Officer may make his/her decision on the documentation presented. If a hearing is conducted, only those persons who have submitted timely written objections to the City Clerk will be heard by the Administrative Hearing Officer. At the hearing, the Administrative Hearing Officer may correct, modify or eliminate any proposed assessment that he/she may deem factually incorrect or in the interests of justice. Thereafter, the Administrative Hearing Officer shall confirm each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the premises. The Officer shall also direct that the assessment be recorded on the tax assessment roll and thereafter the assessment shall constitute a special assessment and lien against the property. Judicial review of the order of the Administrative Hearing Officer may be made pursuant to California Government Code Section 53069.4.
f. The special assessment lien shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the City.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.324 Construction and Demolition Debris Recycling.
For the purpose of this chapter, "construction and demolition debris" shall be abbreviated as "C&D debris" and shall have the meaning as defined in Section 4.20.102.
a. Any construction, demolition and renovation project within the City as follows:
1) Any residential or commercial remodeling or building project where total costs are valued at $30,000 or greater; or
2) Any City-owned or City-sponsored project regardless of permit value; or
3) Any residential or commercial demolition project regardless of permit value; or
4) Any newly constructed residential building three stories or less, and nonresidential occupancies (CalGreen Sections 4.408 and 5.408); or
5) Any residential or commercial roofing or reroofing project regardless of permit value.
b. Upon applying for a building permit, the applicant shall describe, on forms provided by the City, how the applicant will divert at least sixty-five percent (65%) or more of all C&D debris from the wastestream to a processing facility as defined in Section 17402 of the California Code of Regulations and at least seventy-five percent (75%) by weight of all inert debris to be diverted from a processing facility. Pursuant to Title 14, Article 6, Section 17402(a)(20), "processing" means the controlled separation, recovery, volume reduction, conversion, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines or volume reduction equipment. Processing does not include disposal at a landfill. The applicant shall demonstrate compliance with these diversion requirements, or the diversion rate required by the State of California Green Building Standards Code, whichever is more stringent.
c. The applicant may, on the form provided by the City, explain why it is infeasible to divert from the wastestream the amount of C&D debris from the wastestream specified in subsection (b) of this section;
d. If the City Building Official determines that the applicant has not made a good faith effort to comply with this section for C&D debris which is feasible to be diverted, he/she shall notify the applicant of such determination. An administrative citation may be issued if the applicant continues to fail to comply with this section or if the applicant refuses or fails to divert C&D debris from the wastestream as indicated on the form completed by him or her.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021; Sec. 1, Ordinance No. 16-11, adopted August 9, 2011; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)
4.20.326 Collection and Sorting Requirements.
Organic waste generators subject to the requirements of the Act shall fully comply with all applicable requirements of the Act and SB 1383 or be subject to the penalties as prescribed in Section 18997.2 of SB 1383, as determined by the City. Except as provided in this section, the provision of collection services shall be governed by the franchise agreement between the City and the City franchise hauler.
a. Residential Collection Services.
1) Residential Collection Services. Each subscriber shall use only the containers, provided by the City franchise hauler and approved by the City, for the purpose of depositing and accumulating residential solid waste from the premises.
2) Residential Recycling Collection Service. No materials other than recyclable materials may be placed in a recycling cart.
3) Organic Materials Service. All organic materials must be generated by and at the premises wherein the organic materials are collected. Only organic materials may be placed in an organic materials cart.
4) All subscribers shall be automatically enrolled in solid waste, recyclable materials, and organic materials service, and shall sort recyclable materials and organic materials and place them in the appropriate container.
b. Multifamily Residential Dwelling Service.
1) Each multifamily residential dwelling development shall be provided with approved solid waste, recyclable materials, and organic materials cart(s) or bin(s). Such cart(s) or bin(s) shall be located at a central collection site or sites within the multifamily residential dwelling development.
2) Each multifamily residential dwelling development shall negotiate the size of the container and the frequency of collection for collection service with the City franchise hauler. Such container size and collection frequency shall be sufficient to provide that no materials need be placed outside the collection container.
3) MFD Collection Services. Only solid waste generated by persons occupying the multifamily residential dwelling development or their guests shall be placed in the solid waste cart(s) or bin(s) serving the development.
4) MFD Recycling Services. Only recyclable materials generated by persons occupying the multifamily residential dwelling development or their guests shall be placed in the recyclable materials cart(s) or bin(s) serving the development.
5) MFD Organic Materials Service. Only organic materials generated by persons occupying the multifamily residential dwelling development or their guests shall be placed in the organic materials cart(s) or bin(s) serving the development.
c. Commercial Service.
1) Commercial Garbage Collection Services.
a) Each place of business shall be provided with approved solid waste, recyclable materials, and organic materials cart(s) or bin(s), as required by this Code, as the same now exists or may hereafter be amended.
b) Such container size and collection frequency shall be sufficient that no solid waste, recyclable materials, and organic materials need be placed outside the collection container.
c) Only solid waste, recyclable materials, and organic materials generated by the operation of the business shall be placed in the container serving that place of business.
d) All subscribers shall be automatically enrolled in solid waste, recyclable materials, and organic materials service, and shall sort solid waste, recyclable materials, and organic materials and place them in the appropriate container unless subscriber has an approved waiver.
d. General Requirements.
1) Commingling of organic materials with other forms of solid waste is prohibited; no person may place or cause to be placed for collection organic materials in any container designated for the collection of any other form of solid waste.
2) Each commercial premises and multifamily residential dwelling complex owner shall be responsible for ensuring and demonstrating its compliance with the following requirements:
a) Provide recyclable materials containers for recyclable materials in multifamily residential dwelling complex rental units and in maintenance and work areas where recyclable materials may be collected and/or stored.
b) Prominently post and maintain one or more signs where recyclable materials and/or organic materials are collected and/or stored that set forth what materials are required to be source separated in addition to collection procedures for such materials.
c) Notify and instruct employees and tenants of applicable source separation requirements, including a list of recyclable materials and/or organic materials that are required to be source separated for recycling. A copy of such instructions shall be provided to the City, upon request.
d) Ensure that recyclable materials and/or organic materials generated at their site will be taken only to a recycling facility and not to a landfill for disposal by complying with all requirements under this chapter.
e) The self-haul form, or other documents pertaining to this chapter, shall be available for inspection by the City at the principal location of the subscriber during normal business hours.
f) No City franchise hauler shall be held liable for the failure of its customers to comply with such regulations.
g) No organic material generator shall be liable for the failure of the City franchise hauler to deliver designated recyclable materials or designated organic materials to a recycling or processing facility.
h) It shall be the responsibility of the premises or multifamily residential dwelling complex owner whose solid waste was not removed because it contained recyclable materials or organic materials to properly separate recyclable materials or organic materials from the uncollected solid waste for proper recycling. Allowing such unseparated solid waste to accumulate will be considered a violation of this chapter.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021)
4.20.328 Edible Food Recovery Required.
Tier one commercial edible food generators shall comply with the requirements of Title 14, Division 7, Chapter 12 of the California Code of Regulations commencing January 1, 2022. Tier two commercial edible food generators shall comply with the requirements of Title 14, Division 7, Chapter 12 of the California Code of Regulations commencing January 1, 2024.
A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the requirements of Title 14, Division 7, Chapter 12 of the California Code of Regulations.
a. Tier one and tier two commercial edible food generators shall comply with the following requirements:
1) Arrange to recover the maximum amount of edible food for human consumption that would otherwise be disposed or diverted.
2) Contract with or enter into a written agreement with food recovery organizations for: a) the collection of edible food for food recovery; or b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization.
4) Commercial edible food generators and food recovery organizations shall maintain a record acceptable to City Manager and in compliance with applicable law.
5) Keep records that include the information as otherwise specified in 14 CCR Section 18991.4.
b. Food recovery organizations shall comply with the following requirements:
1) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the records as specified by 14 CCR Sections 18991.5(a)(1) and (2).
2) Food recovery organizations that have their primary address physically located in the jurisdiction and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the jurisdiction it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than July 1, 2022.
In order to support edible food recovery capacity planning assessments or other studies, food recovery organizations operating in the City shall provide information and consultation to the City, upon request.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021)
4.20.330 Waivers from Requirement for Solid Waste Service.
Owners, occupants or persons in possession, charge or control of dwellings, buildings, places and premises in the City in and from which it is claimed that no solid waste, recyclable materials, and organic materials are created, accumulated or produced so as to require collection services, or that other methods of solid waste, recyclable materials, and organic materials collection, processing or disposal are available and will be provided may apply for a waiver from the provisions of this chapter by making application therefor to the City Manager.
a. Commercial businesses requesting a de minimis waiver shall submit an application specifying the services that they are requesting a waiver from and provide documentation that either:
1) The commercial business’s total solid waste collection service is two cubic yards or more per week and organic materials subject to collection in a recyclable materials container or organic materials container comprises less than twenty (20) gallons per week per applicable container of the business’s total waste; or
2) The commercial business’s total solid waste collection service is less than two cubic yards per week and organic materials subject to collection in a recyclable materials container or organic materials container comprises less than ten (10) gallons per week per applicable container of the business’s total waste.
Commercial businesses shall notify City if circumstances change such that commercial business’s organic materials exceed the threshold required for waiver, in which case the waiver will be rescinded.
b. Commercial businesses or premises owners may request a physical space waiver through the following process:
1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2) Provide documentation that the premises lack adequate space for recyclable materials containers and/or organic materials containers including documentation from the City franchise hauler, licensed architect, or licensed engineer.
3) The City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City’s three-container collection service to arrange for the collection of their recyclable materials container, solid waste container, organic materials, or each of the three containers once every fourteen (14) days, rather than once per week.
Waivers shall apply for up to, but no longer than, five years, as determined by the City Manager. Upon receiving an application for a waiver, the City Manager shall cause an investigation to be made concerning the matters contained in the application and into such other matters as the City Manager may deem appropriate. If after investigation the City Manager determines that the requirements listed in this section are met, the City Manager may grant an exemption from the provisions of this chapter. If a waiver is granted, the City Manager shall notify the City franchise hauler that a waiver has been granted. Said waiver may be revoked at any time thereafter if after subsequent investigation the City Manager determines that circumstances have changed and that solid waste, recyclable materials, and organic materials collection services are required.
The City franchise hauler is required to submit all waiver applications to the City for review which will be due on the tenth of each month for the previous reporting month. The City franchise hauler is required to maintain a list of any and all businesses and multifamily residential dwelling properties that the City franchise hauler is providing solid waste collection services to but is not also providing recyclable materials and organic materials collection services. The City franchise hauler shall provide such list to the City, which will be due on the tenth of each month for the previous reporting month and shall be current as of that date.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021)
4.20.332 Inspection of Sanitary Conditions; Disputes or Complaints Regarding Collection Service.
The City Council, or other duly authorized representative of the City designated by the Council, shall visit all premises within the City from time to time and examine the sanitary conditions of said premises to determine whether the provisions of this chapter are complied with. City representatives and/or its designated entity are authorized (but are not required) 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 subscribers, or recyclable materials, organic materials, or construction and demolition debris to confirm compliance with this chapter by subscribers, the City franchise hauler, and self-haulers, subject to applicable laws. This section does not allow City representatives to enter the interior of a private residential premises for inspection. Persons shall provide or arrange for access during all inspections and shall cooperate with the City representative or its designated entity during such inspections and investigations.
Upon notification by the Council, or other authorized representative thereof, all persons, including the City franchise hauler, shall comply with the provisions of this chapter or they may be deemed guilty of a misdemeanor. In all cases of disputes or complaints arising from or concerning the place where receptacles for any kinds of solid waste shall be placed awaiting removal of their contents, the quantities to be removed, the number of times of removal, and the rates charged, the Council shall designate the place, the estimated quantities, the times and manner of removal, and the rates, and its decision shall be final.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021)
4.20.334 Organic Materials Prohibited from Use as Alternative Daily Cover.
Pursuant to the provisions of Assembly Bill 1594 (AB 1594) a contractor or permittee, and any owners, occupants or persons in possession, charge or control of all dwellings, buildings, places and premises in the City who act as self-haulers of organic materials, may not direct their organic materials for use as alternative daily cover (ADC) or to disposal at a landfill. If the City Manager determines that a contractor or permittee, or any other applicable person has directed any organic materials for use as ADC or for disposal at a landfill, the City Manager will notify the contractor, permittee, or person of the requirements of this provision. Repeated instances of directing organic materials for use as ADC may result in enforcement action pursuant to the provisions of this Code.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021)
4.20.336 Requirements for Special Events.
a. The promoter or coordinator of a special event held in City must provide a level of solid waste service sufficient to contain the solid waste generated at the special event.
b. The promoter or coordinator shall provide containers at appropriate locations at the special event to facilitate the source separation of solid waste, organic materials, and recyclable materials by event employees, vendors, and attendees.
c. The three types of containers shall:
1) Be appropriate in number and size with respect to the quantity of solid waste, recyclable materials, and organic materials to be generated at the premises;
2) Bear appropriate signage and be color-coded to identify the type of solid waste, recyclable materials, and organic materials to be contained; and
3) Be placed together as a waste station to provide equally convenient access to users.
d. If the promoter or coordinator determines that vendor booths at the special event will require solid waste containers, the vendors shall receive from the promoter or coordinator a set of solid waste containers that bear appropriate signage and are color-coded to identify the type of waste to be contained.
e. The use of public solid waste, recyclable materials, and organic materials receptacles at special events is prohibited. The promoter or coordinator shall remove or cover all public solid waste, recyclable materials, and organic materials receptacles to prevent their use during the special event.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021)
4.20.338 Severability.
If any section, subsection, sentence, clause, or phrase of this chapter is held to be invalid or unconstitutional including by any court with jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council declares that it would have passed this article, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, or phrases may be declared invalid or unconstitutional.
(Sec. 1, Ordinance No. 11-21, adopted December 14, 2021)