Chapter 5.52 SOLID WASTE HANDLING AND RECYCLING SERVICES

(1) In order to meet the requirements of the California Integrated Waste Management Act of 1989, including source reduction of the solid waste stream, diversion of solid waste from landfills, and conservation of natural resources, it is necessary to regulate the collection of solid waste from commercial/industrial premises, as well as residential premises, and to encourage recycling of solid waste materials.

(2) The mandates of the Environmental Protection Agency, the Southern California Air Quality Management District, and other regulatory agencies, with respect to air pollution and traffic congestion management require the regulation, and, where possible, reduction in the number, of waste collection vehicles and vehicle trips which cause the discharge of air contaminants and create air pollution.

(3) A reduction in the number of heavy waste collection vehicles using the City streets daily will reduce traffic hazards and congestion and promote safety.

(4) The storage, accumulation, collection and disposal of solid waste in, without limitation, garbage, trash, debris and other discarded materials is a matter of substantial public concern in that improper control of such matters may create a public nuisance, air pollution, fire hazard, rat and insect infestation and other problems affecting the public health, safety and welfare.

(5) Regulation of the collection of garbage, refuse and other discarded materials from all residential, commercial and industrial properties within the City will provide the most orderly and efficient solution to such problems and will promote the public health, safety and welfare.

(6) The regulation of solid waste handling services in the City will also promote the public health, safety and welfare by requiring the use of newer and safer vehicles, the regular maintenance of such vehicles, and the reduction of spillage and litter in the public streets, by establishing accountability for the cleaning of refuse bins and containers, and by providing for accountability to the public.

(7) The public health, safety and welfare will best be served by providing for an exclusive franchise for residential refuse collection services, and for commercial and industrial refuse collection services, subject to the limited continuation rights of certain existing commercial/industrial collectors which are providing solid waste handling services pursuant to permits previously authorized by the City and which are qualified, under Public Resources Code Sections 49520 and 49521, to continue such services for five years following notice given pursuant to said Section 49520. Such five-year period expires on March 31, 1997.

(8) The City will best be able to achieve the state mandated goals of increased collection of organic waste if the City mandates compliance with state organic waste requirements.

(B) This chapter is enacted by the City Council pursuant to the following statutory authorization and in order to accomplish the objectives set forth in this section:

(1) Public Resources Code Section 40059 authorizes the City to determine (i) all aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling services; and (ii) whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding.

(2) Public Resources Code Section 49300 provides that the City may, pursuant to such terms and conditions as may be prescribed by its legislative body, contract for the collection or disposal, or both, of garbage, waste, refuse, offal, trimmings, or other refuse matter.

(3) Public Resources Code Section 49501 provides that the City may take action, whether by franchise, contract, license, permit, or otherwise, whereby the City itself, or one or more other local agencies or solid waste enterprises is authorized or permitted to have the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the City.

(4) It is the intent of this chapter to set forth terms and conditions pursuant to which authorization may be granted by the City Council to provide solid waste handling services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods and material.

(5) This chapter shall be construed in a manner consistent with all applicable federal and state laws. If any federal or state agency shall hereafter exercise any paramount jurisdiction over any specific provisions of this chapter, such paramount jurisdiction shall preempt or preclude the exercise of like jurisdiction by the City. Modification of a federal or state law or regulation shall, to the extent applicable to the City, be deemed a part of this chapter as of the effective date of such modification. (Ord. 1554 § 1, 2020; Ord. 977 § 1, 1992)

5.52.030 Definitions.

(A) For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:

“City Manager” means the City Manager of the City of Palmdale (“City”) or the City Manager’s designee.

“Collection” means the operation of gathering together within the City, and transporting by means of a motor vehicle to the point of disposal or processing, any solid waste or recyclable materials.

“Collector” means any person who has been awarded an exclusive franchise to provide residential or commercial/industrial solid waste or recyclable materials collection services in the City, or who, prior to the effective date of the ordinance codified in this chapter, has been issued a permit or nonexclusive franchise to operate as a commercial/industrial solid waste collector until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code.

“Commercial/industrial business owner” means any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others, commercial/industrial premises, whether or not it is the holder of the title or the owner of record of the commercial/industrial premises.

“Commercial/industrial collector” means a collector providing solid waste collection services to commercial/industrial premises, including construction or demolition sites.

“Commercial/industrial premises” means all occupied real property in the City, except property occupied by federal, state or local governmental agencies which do not consent to their inclusion, and except residential premises as defined in this section, and shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional services, sports or recreational facilities, construction and demolition sites, and any other commercial or industrial business facilities, structures, sites, or establishments in the City.

“Construction site or demolition site” means any real property in the City in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be removed from the property, and requires the use of commercial refuse containers (two-, three-, four-, six- or eight-yard containers) or 10-, 15-, 25-, 30- or 40-yard roll-off boxes.

“Construction or demolition waste” means any solid waste or debris generated as the result of construction or demolition, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

“Disposal” means the complete operation of treating and disposing of solid waste after the collection thereof.

“Exclusive solid waste handling services” means any action by the City Council, whether by franchise, contract, license, permit, or otherwise, whereby the City itself, or one or more other local agencies or solid waste enterprises, has the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the City.

“Hazardous waste” means and includes waste defined as hazardous by Public Resources Code Section 40141, namely, a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following: (i) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. “Hazardous waste” includes extremely hazardous waste and acutely hazardous waste, and such other waste as may hereafter from time to time be designated as such by the Environmental Protection Agency (“EPA”) or other agency of the United States Government, or by the California Legislature or any agency of the state of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.

“Holiday” means: New Year’s Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. “Holiday” also means any other day designated as such in a contract between a collector and the labor union serving as the exclusive representative of said collector’s employees, provided such holiday is established or recognized by resolution of the City Council.

“In the City” or “within the City” means within the limits of the City as such limits exist on the effective date of the ordinance codified in this chapter or may thereafter exist by virtue of the annexation of territory to or detachment of territory from the limits of the City as they exist on the effective date of the ordinance codified in this chapter.

“Manure” means the waste droppings from any animal not disposed of through sewers.

“Organic waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, untreated lumber, untreated wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.

“Person” means any individual, association, firm, partnership, corporation, or any other group or combination thereof acting as a unit.

“Processing” means the reduction, separation, recovery and conversion of solid waste.

“Public agency” means any governmental agency or department thereof, whether federal, state, or local.

“Recyclable material” means materials source-separated by the generator for the purpose of sorting, processing and being returned to the economic mainstream for the altered form for manufacture of new, reused or reconstituted products through available processes and markets. A listing of materials considered as recyclable material shall be provided by the collector and may be revised from time to time by agreement of the City and the collector.

“Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

“Recycling container” means a container which is provided to residential premises for use in collecting and moving recyclable materials to curbside for collection by the collector, of a container which is provided to commercial/industrial premises for use by the collector in collecting and moving recyclable materials.

“Residential collector” means the collector which collects solid waste and recyclable materials from residential premises under an exclusive contract or franchise.

“Residential householder” means any person or persons holding or occupying residential premises in the City, whether or not the owner of such residential premises.

“Residential owner” means the owner of any residential premises within the City.

“Residential premises” means any residential dwelling unit within the City, including, without limitation, multiple unit residential complexes, such as rental housing projects, condominiums, apartment houses, mixed condominiums and rental housing, and mobile home parks.

“Resource recovery” means any use of refuse or solid waste collected pursuant to this chapter; except for landfill disposal or transfer for landfill disposal. “Resource recovery” includes, but is not limited to, transformation, composting, and multimaterial recycling.

“Solid waste” means and includes all discarded putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, rubbish, construction and demolition debris, and any other discarded solid, semisolid, and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of “Nonhazardous Solid Waste” set forth in 27 California Code of Regulations Section 20220(a).

In addition, for purposes of Article IX of this chapter, solid waste does not include source separated recyclable material, source separated organic waste, construction and demolition debris, manure and/or salvageable materials if such materials have been source separated by the generator for the purpose of recycling, composting, processing or reuse.

“Solid waste container” means any vessel, tank, receptacle, box or bin permitted to be used for the purpose of holding solid waste for collection.

“Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste handling services.

“Solid waste handling services” means the collection, transportation, storage, transfer, or processing of solid wastes for residential, commercial, institutional, or industrial users or customers.

“Special collection services” means the removal by a collector of oversized or overweight household articles placed curbside by a residential householder or owner, which oversized or overweight household articles have weights, volumes or dimensions which cannot be accommodated by solid waste containers for residential premises, such as stoves, refrigerators, water heaters, washing machines, furniture, sofas, mattresses, box springs and large rugs.

“Standard commercial/industrial solid waste container” means a state-of-the-art bin or solid waste container used in connection with commercial/industrial premises with a two-, three-, four-, six- or eight-cubic-yard capacity, designed for mechanical pick-up by collection vehicles and equipped with a lid, or where appropriate for the commercial/industrial premises being served, a 15-, 25-, 30-, 40- or 50-cubic-yard roll-off box or compactor, and shall include other types of containers suitable for the storage and collection of commercial/industrial solid waste if approved in writing by the City Manager.

“Standard residential solid waste container” means a standardized roll-away container with a locking lid, made of metal, hard rubber or plastic and having an approximate capacity of 90 gallons, and of a design, color and durability as approved by the City Manager.

(B) Nothing contained in this section shall be deemed to preclude the City and any solid waste enterprise from incorporating into any agreement for exclusive solid waste handling services definitions relating to their respective contractual rights and obligations which may differ from or augment those set forth herein. (Ord. 1587 §§ 2, 3, 2022; Ord. 1554 § 2, 2020; Ord. 977 § 1, 1992)

Article II. Franchises, Fees and Rates

5.52.040 Franchise requirement.

No person shall collect or dispose of solid waste in the City unless such person has been awarded a solid waste collector franchise and has entered into a franchise agreement with the City, except as otherwise specifically provided in this chapter. No person shall collect recyclable materials generated on or emanating from residential premises in the City unless such person has been awarded a residential recycling franchise and has entered into a franchise agreement with the City. Any such solid waste or residential recycling franchise shall be in addition to any business license or permit otherwise required by this code. No permit issued by any other governmental agency authorizing collection of solid waste or residential recycling materials shall be valid in the City. Commercial/industrial collectors operating in the City on the effective date of the ordinance codified in this chapter under a permit or a nonexclusive franchise agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code. (Ord. 977 § 1, 1992)

5.52.050 Collector franchise fee.

Each collector shall pay a franchise fee in an amount determined by resolution of the City Council or established in the franchise agreement authorizing the collection of solid waste or recyclable materials. (Ord. 977 § 1, 1992)

5.52.060 Transfer of franchise.

No solid waste collector permit or franchise which is authorized by, subject to, or issued under the provisions of this chapter shall be transferred, delegated, sublet, subcontracted to or assigned to another person without the prior approval of the City Council. This restriction includes the transfer of ownership or the majority of the ownership or control of the permittee or the franchisee, and the transfer of a majority of the permittee’s or franchisee’s stock to another person. (Ord. 977 § 1, 1992)

5.52.070 Revocation of permit or franchise.

After a hearing as provided in this chapter, the City Manager may revoke or suspend any solid waste collector permit or franchise for violation of a provision of this chapter or any other applicable law, ordinance, or regulation of any public agency. (Ord. 977 § 1, 1992)

5.52.080 Interim suspension.

The City Manager, without a hearing, may suspend a franchise or a permit for not more than 60 days, if the City Manager finds that continued operation by the franchisee or permittee will constitute a threat to the public health, safety, or general welfare. (Ord. 977 § 1, 1992)

5.52.090 Notice of hearing – Revocation.

The City Manager shall mail notice of a hearing to revoke a solid waste permit or franchise to the collector not less than 15 days prior to such hearing. In the event of the revocation of a franchise or a permit, the City Manager shall notify the collector in writing of the reasons for the revocation. Such notification may be made in person or by mail. (Ord. 977 § 1, 1992)

5.52.100 Appeals.

Within 15 calendar days after notice by the City Manager of revocation of a solid waste permit or franchise has been sent to the collector, the collector may file with the City Clerk an appeal of such decision to the City Council. (Ord. 977 § 1, 1992)

5.52.110 Council action.

The City Council may either affirm the action of the City Manager, send the matter back to the City Manager for further consideration, or set the matter for hearing by the City Council. If the City Council sets the matter for hearing, it shall base its action upon the standards delineated in PMC 5.52.070. Notice of such hearing shall be sent to the collector not less than 15 days prior to the hearing. (Ord. 977 § 1, 1992)

5.52.120 Rates.

The City Council may, by resolution, establish or adjust the rates or fees charged by those collectors which are operating in the City pursuant to permits or nonexclusive or exclusive franchise agreements. No collector shall charge any rate or fee which is greater or less than the permissible maximum or minimum rate established by the City Council, unless otherwise authorized in this chapter. Every commercial/industrial business owner and residential householder or owner shall pay the rates established from time to time by the City Council for collection services rendered pursuant to this chapter in the manner set forth in PMC 5.52.130. The City Council shall establish such rate categories as may be appropriate for collection services provided by any commercial/industrial collector. (Ord. 1587 § 4, 2022; Ord. 1554 § 3, 2020; Ord. 977 § 1, 1992)

5.52.130 Billing and collection of rates, fees and charges.

(A) The billing and collection of the rates, fees and charges authorized by the City Council for residential solid waste handling services shall be the responsibility of the franchised residential collector, and the City shall have no liability or responsibility therefor.

(B) Every commercial/industrial collector shall be solely responsible for collecting the charges for such collector’s services for providing such com-

mercial/industrial collections as may be authorized by this chapter, and the City shall have no liability or responsibility for collection. (Ord. 977 § 1, 1992)

5.52.140 Permits and licenses.

Every collector shall obtain and maintain at all times during the collector’s operations a business license issued by the City, and all applicable permits and licenses required by any public agency having jurisdiction. (Ord. 977 § 1, 1992)

Article III. Contents of Franchise Agreements

5.52.150 Authorization by City Council – Resolution of conflicts.

(A) The City Council may authorize, by franchise, contract, license or permit, a solid waste enterprise to provide solid waste handling services for residential, commercial, institutional, or industrial users or customers.

(B) In the sole discretion of the City Council, the solid waste handling services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the City.

(C) The terms and provisions of any franchise agreement for solid waste handling services may relate to or include, without limitation, the following subject matters:

(1) The nature, scope and duration of the franchise;

(2) The collection schedule, including the frequency, days and hours of collection;

(3) The applicable franchise fee, including the amount, method of computation, and time for payment;

(4) The applicable rates, fees and charges for regular, special and emergency collection services, including the method of setting and adjusting same, and responsibility for billing and collecting same;

(5) Collection vehicles, including the permissible size and color, and any required identification, safety equipment, maintenance, inspection, and operational requirements;

(6) The receipt, processing and reporting of customer inquiries and complaints;

(7) The collection of solid waste from publicly owned property and facilities;

(8) Performance standards for the collector’s personnel and equipment;

(9) Solid waste and recycling containers, including size, repair or replacement, handling, placement, obligations of the collector to provide, and permissible charges therefor;

(10) Standards and procedures for periodic performance reviews by the City;

(11) Noise attenuation policies and procedures;

(12) The maintenance by the collector of an office for the conduct of business;

(13) Policies and procedures relating to the noncollection of solid waste, the composting of green waste, the collection of recyclable materials, and resource recovery;

(14) Requirements relating to comprehensive liability insurance and workers’ compensation insurance;

(15) Requirements relating to the dissemination of information to the public concerning regular and special solid waste collection and recycling services;

(16) Actions or omissions constituting breaches or defaults, and the imposition of applicable penalties, liquidated damages, and other remedies, including suspension, revocation or termination;

(17) Requirements relating to performance bonds and to indemnification;

(18) Requirements relating to affirmative-action programs;

(19) Requirements relating to record keeping, accounting procedures, reporting, periodic audits, and inspection of records;

(20) Requirements relating to the assignment, transfer and renewal of the franchise;

(21) Requirements relating to compliance with and implementation of state and federal laws, rules or regulations pertaining to solid waste handling services, and to the implementation by the City of state-mandated programs, including, without limitation, the City’s “source reduction and recycling element” and the City’s “household hazardous waste element”;

(22) Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the franchise agreement and which will, in the judgment and discretion of the City Council, best serve the public interest and protect the public health, safety and welfare.

(D) In the event of any conflict between the provisions of a franchise agreement which is authorized and approved by the City Council and the provisions of this chapter, the provisions of the franchise agreement shall control. (Ord. 977 § 1, 1992)

Article IV. Exclusions

5.52.160 Residential householder exclusion.

No provision of this chapter shall prevent residential householders from collecting and disposing of occasional loads of solid waste generated in or on their residential premises, or from composting green waste, or from selling or disposing of recyclable materials generated in or on their residential premises; provided, however, that no residential householder shall employ or engage any solid waste enterprise, other than the franchised residential collector, to haul or transport such materials to a transfer station or landfill. (Ord. 977 § 1, 1992)

5.52.170 Gardener’s exclusion.

No provisions of this chapter shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of grass cuttings, prunings, and similar material not containing other solid waste as an incidental portion of providing such gardening, tree trimming or similar services. (Ord. 977 § 1, 1992)

5.52.180 Commercial/industrial exclusions.

(A) Source-Separated Recyclables.

(1) No provision of this chapter shall prevent a commercial/industrial business owner from selling to a buyer, for a monetary or other valuable consideration, any source-separated recyclables, including, without limitation, any saleable scrap, discard, reject, by-product, ferrous or nonferrous metal, worn out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a commercial/industrial premises or business, and no longer useful to such commercial/industrial business but having market value, whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce; provided, however, that such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station (as defined in Public Resources Code Section 40200). “Source-separated recyclables” within the meaning of this section shall mean recyclable materials separated on the commercial/industrial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste, and having a market value.

(2) No provision of this chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce and which is not engaged in the business of collecting solid waste or providing solid waste collection services for a fee or other charge, or consideration, from buying any materials referenced in this section for a monetary or other valuable consideration, and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200); nor shall any provision of this chapter prevent such recycler, junk dealer or enterprise which buys such materials from removing and transporting such materials to a destination for marketing in the stream of commerce. No such buyer shall buy or transport such materials without prior authorization from the City, as required by this code, whether in the form of a business license, a business permit, or a nonexclusive franchise agreement.

(B) Renovation, Rebuilding, Repairs. No provision of this chapter shall prevent a commercial/industrial business owner from arranging for any worn, spent, or defective equipment, or part thereof, used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such commercial/industrial business owner; nor shall any provision of this chapter prevent any person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing such equipment or part thereof, from transporting the same from or returning it to the commercial/industrial business, or from removing, transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract. (Ord. 977 § 1, 1992)

5.52.190 Contractor’s exclusions.

No provision of this chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or demolition waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract; provided, however, that if a subcontractor is to be engaged to remove such demolition waste, the exclusive franchised collector shall have the right of first refusal to provide such services. If the exclusive franchised collector cannot guarantee that such services will be provided within a period of 24 hours, then the City Manager may authorize the licensed contractor or the owner of the premises to utilize the services of another duly authorized solid waste enterprise. (Ord. 977 § 1, 1992)

5.52.200 Document destruction service.

No provision of this chapter shall prevent any person engaged in the business of destroying or disposing of secret, confidential or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating, or other means, as a part of such document destruction or disposal service. (Ord. 977 § 1, 1992)

Article V. General Requirements

5.52.210 Litter.

Any person who deposits or causes to be deposited any solid waste or recyclable materials on the public right-of-way or on private property within public view, except in a container provided therefor as herein specified, shall, not later than 24 hours after receipt of notice from any duly authorized officer or employee of the City, sweep up and remove the same. (Ord. 977 § 1, 1992)

5.52.220 Transfer of loads on public streets.

No person shall transfer solid waste or recyclable materials from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the City Manager, or is necessary owing to mechanical failure or accidental damage to a vehicle. (Ord. 977 § 1, 1992)

5.52.230 Unauthorized removal from containers.

No person other than the collector which provides collection services at residential premises, or the residential owner or householder occupying the residential premises in or upon which a solid waste container or recyclable materials container is placed at curbside for collection, shall remove any material from such container. (Ord. 977 § 1, 1992)

Article VI. Residential Collection and Recycling

5.52.240 Residential collection – Mandatory service – Exception.

(A) Subject to the exception set forth in subsection (B) of this section, every residential householder or residential owner must use the services of the collector having the exclusive franchise for collecting solid waste or recyclable materials.

(B) The mandatory service specified in subsection (A) of this section is not applicable to any residential householder or residential owner who is concurrently operating a business in the City under a current business license or business permit, and who has an existing contract with the exclusive franchised collector for commercial or industrial solid waste handling and recycling services.

(C) No residential householder or residential owner may enter into an agreement for residential refuse or recyclable materials collection services with a vendor other than the City’s exclusive franchisee. (Ord. 1123 § 1, 1998; Ord. 977 § 1, 1992)

5.52.250 Residential collection – Disposal and status of solid waste or recyclable materials.

(A) Solid Waste. All solid waste collected by a collector shall be disposed of by the collector in accordance with all applicable federal, state and local laws and regulations.

(B) Recyclable Materials. Upon placement at the residential curbside for collection, all recyclable materials shall become the property of the collector holding the exclusive franchise for residential collection services. (Ord. 977 § 1, 1992)

5.52.260 Residential collection – Frequency.

The residential collector shall collect all solid waste and recyclable materials placed for collection in compliance with this chapter from each occupied residential premises in accordance with a schedule which has been approved by the City Manager. Said schedule shall identify the routes and days of pick up for each collection district established within the City. Unless otherwise approved by the City Council, collection of solid waste shall take place no less than once each calendar week. Collection of recyclable materials shall take place no less than once each calendar week. Not more than seven days shall elapse between collections of solid waste collections, nor between collections of recyclable materials. No collections from residential premises shall be made between the hours of 6:00 p.m. and 6:00 a.m. on the next day. (Ord. 977 § 1, 1992)

5.52.270 Residential collection – Solid waste containers.

Subject to the prior approval of the City Manager, the collector shall provide standard residential solid waste containers to each residential householder and may include the costs thereof in the monthly collection rate. Notwithstanding the foregoing, a residential householder may provide additional solid waste containers sufficient to accommodate the amount of solid waste generated by the residential premises; provided, however, that such containers shall be compatible with the collector’s collection equipment. Such additional containers shall be the property of the residential householder. No cardboard box or paper bag may be used as a container for solid waste. (Ord. 977 § 1, 1992)

5.52.280 Residential collection – Recycling containers.

The collector shall provide each residential premises with at least one recycling container. If one recycling container is inadequate, the collector shall provide one or more additional recycling containers upon request, and at no charge to the residential householder. (Ord. 977 § 1, 1992)

5.52.290 Residential collection – Placement and removal of containers.

Every residential householder shall place each solid waste container and recycling container for collection at the curb in front of the premises, or at the curb at the side of the premises where the premises are adjacent to more than one street. When the premises are adjacent to a paved alley with a minimum width of 15 feet, the residential householder shall place the container within two feet of the rear property line for collection. No person shall place any such container for collection more than 24 hours before collection is scheduled to commence in the district, or leave any such container at the place of collection after 10:00 p.m. on the day of collection, or more than two hours after actual collection, whichever is later. Such containers shall not be located within the front yard setback and shall be regulated by Chapter 8.36 PMC. (Ord. 1120 § 10, 1998; Ord. 977 § 1, 1992)

5.52.300 Residential collection – Care of containers.

Upon collection, all solid waste containers shall be replaced, by the collector, upright, where found, with the lids replaced, and all recycling containers shall be replaced in an upright or upside down position, at the location where found by the collector. (Ord. 977 § 1, 1992)

5.52.310 Residential collection – Special collection services.

The franchised residential collector shall provide, upon request from a residential householder, special collection of solid waste, at such rates as may be approved by the City and at such times as may be agreed upon by the collector and the person requesting the service. If no agreement is reached, such special collections shall be provided as determined by the City Manager. (Ord. 977 § 1, 1992)

Article VII. Commercial/Industrial Collection

5.52.320 Commercial/industrial exclusive franchise.

(A) All solid waste collected from commercial/industrial premises for a fee, service charge, or other consideration, shall be collected by a solid waste enterprise under the provisions of an exclusive franchise awarded by the City Council (“franchised collector”), subject only to the limited continuation rights of certain qualified collectors which, upon the effective date of the ordinance codified in this chapter, are operating under a permit or a nonexclusive franchise agreement, and which collectors have been given written notification as required by Public Resources Code Section 49520.

(B) No person, firm, corporation or solid waste enterprise, other than those referenced in subsection (A) of this section, shall negotiate or contract for, undertake to receive, collect or transport solid waste from within the City for a fee, service charge or other consideration, except as specifically provided herein.

(C) Except as otherwise provided in this chapter, each commercial/industrial business owner shall utilize the services of the franchised collector for the collection of solid waste from the commercial/industrial premises held or occupied by such commercial/industrial business owner and shall pay for such services the fees approved by the City Council. No commercial/industrial business owner shall enter into an agreement for solid waste handling services with any person, firm, or corporation other than the franchised collector, except as otherwise provided in this chapter.

(D) Nothing in this chapter shall prevent a commercial/industrial business which has its own recycling or resource recovery program for recyclable materials generated by such business and not utilizing a commercial or industrial solid waste enterprise (as defined in Public Resources Code Section 40193) which provides collection services for a fee, service charge, or other consideration, from continuing such recycling or resource recovery program, and the recyclable materials included in such program are excepted from the exclusive franchise between the City and the franchised collector.

(E) Notwithstanding the provisions of subsection (B) of this section, certain solid waste enterprises that have been authorized by permit or by a nonexclusive franchise agreement to provide solid waste handling services for commercial/industrial premises in the City may continue to provide these services until March 31, 1997, or until the rights thereunder are earlier terminated or revoked, or expire pursuant to the provisions of Section 49520 of the Public Resources Code. Such solid waste enterprises are hereinafter referred to as “excepted collectors.”

(F) The exclusive franchise of the franchised collector shall not preclude a commercial/industrial business served by an excepted collector from continuing to use the solid waste handling services of such excepted collector until the rights of such excepted collector to operate in the City are terminated or revoked or have expired; provided, however, if the rights of an excepted collector to provide such services to a commercial/industrial business owner are terminated or revoked for any reason, said business owner shall not use the services of any collector other than the exclusive franchised collector. (Ord. 977 § 1, 1992)

5.52.330 Commercial/industrial – Disposal and status of solid waste.

The commercial/industrial collector shall collect and dispose of all solid waste generated and presented for collection at each commercial/industrial premises in conformity with the provisions of this chapter, except as otherwise provided in this chapter. Any such collection and disposal shall be in accordance with all applicable federal, state, and local laws and regulations and any controlling permit or franchise agreement between the collector and the City. All solid waste collected by a commercial/industrial collector shall be the exclusive property of said collector. (Ord. 977 § 1, 1992)

5.52.340 Commercial/industrial – Frequency and hours of collection.

(A) Frequency. The commercial/industrial collector shall collect solid waste from commercial/industrial premises on a schedule which is agreed upon between the commercial/industrial business owner and the collector. In no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to public health or safety.

(B) Hours. No collection of solid waste from commercial/industrial premises within 600 feet of occupied residential premises shall be made between the hours of 6:00 p.m. and 6:00 a.m. on the next day. No collection shall be made on Sunday unless specifically authorized in writing by the City Manager. Hours and days of collection shall be subject to the prior approval of the City Manager. (Ord. 977 § 1, 1992)

5.52.350 Commercial/industrial – Containers.

(A) Every commercial/industrial business served by the franchised collector shall have the option to:

(1) Provide the necessary container or containers to accommodate solid waste generated from said commercial/industrial business; or

(2) Use the standard commercial/industrial solid waste container or containers provided by the franchised collector, which containers are compatible with the franchised collector’s collection equipment. Where a commercial/industrial business owner is served by an excepted collector, such excepted collector and business owner shall determine by private agreement who is to provide the container.

(B) Every collector which provides any container or other equipment used for the storage of commercial/industrial solid waste shall:

(1) Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, said collector’s business name and telephone number, in a color contrasting with the background color of the container; and

(2) Provide containers on casters or hasps or locks upon request by the commercial/industrial business owner. (Ord. 977 § 1, 1992)

5.52.360 Commercial/industrial – Maintenance and placement of containers.

Solid waste containers provided by the collector shall be maintained in a clean and sanitary condition by the collector. Solid waste containers which are not provided by the collector shall be maintained in a clean and sanitary condition by the commercial/industrial business owner. Every commercial/industrial business owner shall provide a solid waste container location on the commercial/industrial premises and shall keep said area in good repair, clean and free of refuse outside of the container. Every collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the collector’s emptying of the container or other activities of the collector. (Ord. 977 § 1, 1992)

5.52.370 Commercial/industrial – Care of containers.

Upon collection of solid waste by the collector, all containers shall be replaced, upright, where found, with the lids closed. No person, other than the owner thereof, shall in any manner, break, damage, roughly handle or destroy containers placed on the premises of a commercial/industrial business owner. (Ord. 977 § 1, 1992)

5.52.380 Commercial/industrial – Special circumstances.

If particular commercial/industrial business premises require collections at times, frequencies or in a manner such that the franchised collector is unable to perform said collection in the normal course of business, or where unusual quantities of solid waste or special types of material are to be collected and disposed of, or where special methods of handling are required, or where the quantity of solid waste requires the use of multiple (more than three) containers, the collector and the commercial/industrial business owner may make arrangements for such collection on mutually agreeable terms. If the business owner and the franchised collector do not agree as to the methods for the service provided for in this section, the City Manager shall determine the method of service. If the franchised collector is unable or unwilling to provide such service, the City Manager may authorize the business owner to use another solid waste enterprise for such special service until the franchised collector can provide such service in its normal course of business. (Ord. 977 § 1, 1992)

Article VIII. Nonexclusive Franchises for Commercial/Industrial Solid Waste Handling Services

5.52.390 Conversion of permits to nonexclusive franchises.

(A) Not later than July 1, 1993, every “excepted collector,” as said term is defined in PMC 5.52.320(E), shall apply to the City for a nonexclusive franchise for the collection of solid waste from commercial/industrial premises (including the collection of construction or demolition waste from construction sites or demolition sites). No other applications for nonexclusive franchises for the collection of commercial/industrial solid waste shall be accepted by the City from any excepted collector after said date.

(B) Upon a determination by the Director of Public Works that the excepted collector is then in compliance with all terms and conditions which are applicable to the permit previously issued to the excepted collector, and that the excepted collector has executed a standard form of nonexclusive franchise agreement, the Director of Public Works shall authorize and issue the nonexclusive franchise to the excepted collector, and shall notify the Director of Finance of such issuance. (Ord. U-1011 § 1, 1993)

5.52.400 Contents of nonexclusive franchise agreements.

(A) The terms and provisions of a nonexclusive franchise agreement with an excepted collector may relate to or include, without limitation, the applicable subject matters which are specified in PMC 5.52.150.

(B) Every excepted collector to which a nonexclusive franchise is issued hereunder shall pay to the City a franchise fee which shall be determined as follows:

Commencing upon the effective date of the nonexclusive franchise agreement and continuing through June 30, 1994, the franchise fee shall be seven and one-half percent of the contractor’s gross receipts collected from all commercial/industrial customers and seven and one-half percent of the contractor’s net profits derived from any sales of recyclable materials collected within the City. Commencing upon July 1, 1994, and upon each July 1st thereafter, the seven and one-half percent franchise fee applicable to said gross receipts and to said net profits, shall be increased as follows:

	From	To
July 1, 1994	7.5%	7.75%
July 1, 1995	7.75%	8.0%
July 1, 1996 to March 31, 1997	8.0%	8.25%

The franchise fee shall be paid to the City not later than 15 days following the end of the preceding calendar month, and shall be accompanied by a report in such form as may be specified by the Director of Public Works. Said monthly report may require detailed information related to the nature and quantity of solid waste collected in the City, solid waste landfills which are utilized, and the nature and quantity of solid waste which is diverted from solid waste landfills. The franchise fee payable hereunder shall be in lieu of all business license taxes or business permit application for renewal fees otherwise required by this code.

(C) City shall have the right to direct all excepted collectors operating under a nonexclusive franchise to dispose of commercial/industrial solid waste at one or more landfills designated by the City. The designation by the City of any such landfill shall be for the sole purpose of ensuring that the City is in compliance with all reporting and waste characterization requirements imposed by AB 939.

(D) Every nonexclusive franchise agreement issued hereunder shall in all events terminate, and shall be of no further force or effect, as of the close of business on March 31, 1997.

(E) Every nonexclusive franchise agreement issued hereunder shall require the excepted collector to adhere to and abide by the schedule of permissible rates, fees and charges for commercial/industrial solid waste handling services as authorized from time to time by resolution of the City Council.

(F) Every nonexclusive franchise agreement issued hereunder shall require the excepted collector to obtain, and to maintain during the term of the nonexclusive franchise agreement, comprehensive general liability insurance with such coverage, and in such amounts, as may be deemed by the City to be adequate to protect the interests of the City and of the general public, taking into consideration the nature, frequency and magnitude of the excepted collector’s solid waste handling services. The excepted collector’s insurance policies, or certificate of insurance, shall name the City as an additional insured and shall be subject to the approval of the City Attorney. (Ord. U-1011 § 1, 1993)

Article IX. Mandatory Organic Waste Disposal Reduction

5.52.410 Definitions.

The following definitions shall be utilized for purposes of implementation of this article. Capitalized terms used herein but not defined shall have the meaning ascribed to them in the SB 1383 Regulations. In the event of a conflict between a definition set forth in the SB 1383 regulations and a definition set forth herein, the definition set forth in the SB 1383 regulations shall control. In the event of a conflict between the definitions set forth in PMC 5.52.030 and the definition set forth herein, the definition set forth herein shall control.

(A) “Blue container” has the same meaning as in 14 California Code of Regulations Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

(B) “CalRecycle” means the California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on jurisdictions (and others).

(C) “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 dwelling with five or more units, or as otherwise defined in California Code of Regulations Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this article.

(D) “Commercial edible food generator” or “edible food generator” means a person or entity that is responsible for the initial creation of edible food and includes tier one and tier two commercial edible food generator as more specifically defined herein.

(E) “Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 California Code of Regulations Section 17855(a)(4); or, as otherwise defined by 14 California Code of Regulations Section 18982(a)(8).

(F) “Compliance review” means a review of records by the City to determine compliance with this article.

(G) “Compost” has the same meaning as in 14 California Code of Regulations Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this article, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

(H) “Container contamination” or “contaminated container” means a container, regardless of color, that contains prohibited container contaminants.

(I) “C&D” means construction and demolition debris.

(J) “Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this chapter as authorized in 14 California Code of Regulations Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

(K) “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 or in 14 California Code of Regulations, 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.

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

(M) “Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its 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 City’s, or its designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste 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.

(N) “Food distributor” means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores.

(O) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.

(P) “Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed.

(Q) “Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to:

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

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

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

(4) A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 California Code of Regulations, Division 7, Chapter 12.

(R) “Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery. A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 California Code of Regulations, Division 7, Chapter 12.

(S) “Food service provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.

(T) “Gray/black container” has the same meaning as in 14 California Code of Regulations Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray/black container waste.

(U) “Gray/black container waste” means solid waste that is collected in a gray and/or black container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray/black container as specified in 14 California Code of Regulations Sections 18984.1(a) and (b), as defined in 14 California Code of Regulations Section 17402(a)(6.5).

(V) “Green container” has the same meaning as in 14 California Code of Regulations Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

(W) “Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.

(X) “Hauler route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area.

(Y) “High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of 14 California Code of Regulations Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022, and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 California Code of Regulations Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 California Code of Regulations Section 18982(a)(33).

(Z) “Inspection” means a site visit where the City or its designee reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this article.

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

(BB) “Large venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 California Code of Regulations, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 California Code of Regulations, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.

(CC) “Local education agency” means a school district, charter school, or county office of education that is not subject to the control of the City or county regulations related to solid waste.

(DD) “Multifamily residential dwelling” or “multifamily” means residential premises with five or more dwelling units. Multifamily does not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

(EE) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 California Code of Regulations, Division 2, Chapter 2.7.

(FF) “Noncompostable paper” includes, but is not limited to, paper that is coated in a plastic material that will not break down in the composting process.

(GG) “Nonorganic recyclables” means nonputrescible and nonhazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass.

(HH) “Organic waste generator” means a person or entity that is responsible for the initial creation of organic waste, including those entities that serve food or beverages on its premises for immediate consumption.

(II) “Prohibited container contaminants” means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the City’s green container; (3) discarded materials placed in the gray/black container that are acceptable source separated recyclable materials and/or source separate green container organic wastes to be placed in the city’s green container and/or blue container; and (4) any material prohibited to be placed in any container pursuant to any other section of this Municipal Code.

(JJ) “Remote monitoring” means the use of the Internet of Things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

(KK) “Route review” means a visual Inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras.

(LL) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code.

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

(NN) “Source separating” or “source separated” means the process of removing or separating recyclable materials or organic waste from solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for such materials for the purpose of recycling, composting, processing or reuse.

(OO) “Source separated green container organic waste” (or SSGCOW) means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding recyclable material, carpets, paper products, printing and writing paper, and textiles. SSGCOW is a subset of organic waste.

(PP) “Source separated recyclable materials” means source separated non-organic recyclables and source separated blue container organic waste.

(QQ) “Supermarket” means a full-line, self-service retail store with gross annual sales of $2,000,000, or more, which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

(RR) “Tier one commercial food generator” shall have the meaning set forth in 14 California Code of Regulations Section 18982(a)(73).

(SS) “Tier two commercial food generator” shall have the meaning set forth in 14 California Code of Regulations Section 18982(a)(74).

(TT) “Wholesale food vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination. (Ord. 1587 § 5, 2022)

5.52.420 Requirements for single-family generators.

Single-family organic waste generators shall:

(A) Subscribe to the City’s three-container organic waste collection services. The City shall have the right to review the number, size, and location of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and the generator shall adjust its service level for its collection services as requested by the City.

(B) Participate in and comply with the City’s three-container system for source separated recyclable materials, source separated organic materials, and solid waste collection services. Generators shall place source separated organic waste, including food waste, in the designated container; source separated recyclable materials in the designated container; and solid waste in the designated container. Generators shall not place materials designated as solid waste into the organic waste container or source separated recyclable materials container.

Notwithstanding the above, the City is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed by the franchise hauler on the containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until compliant colored containers are provided, (blue container, green container, and gray container), single-family waste generators shall comply with the container label requirements.

(C) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, and/or using a community composting site pursuant to 14 California Code of Regulations, Section 18984.9(c). (Ord. 1587 § 5, 2022)

5.52.430 Requirements for commercial businesses.

Commercial businesses, which includes multifamily residential dwellings, shall:

(A) Subscribe to the City’s three-container organic waste collection services. The City shall have the right to review the number, size, and location of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the City.

Notwithstanding the above, the City is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed by the franchise hauler on the containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until compliant colored containers are provided, (blue container, green container, and gray container), commercial waste generators shall comply with the container label requirements.

(C) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (D)(1) and (D)(2) of this section) for employees, contractors, tenants, and customers, consistent with the City’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program.

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

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

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

(E) Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirements pursuant to 14 California Code of Regulations Section 18984.9(b).

(F) To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with PMC 5.52.320.

(G) Excluding multifamily residential dwellings, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 California Code of Regulations, Section 18984.9(b)(3).

(H) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

(I) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste, which includes food waste, and source separated recyclable materials separate from solid waste containers (when applicable) and the location of containers and the rules governing their use at each property.

(J) Provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

(K) If implemented, accommodate and cooperate with the City’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate a generator’s compliance with this chapter.

(L) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 California Code of Regulations Section 18984.9(c).

(M) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements of this chapter. (Ord. 1587 § 5, 2022)

5.52.440 Waivers for generators.

(A) De Minimis Waivers. The City may, at its discretion, waive a commercial business’s requirement (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business:

(1) Submits an application specifying the services that they are requesting a waiver from;

(2) Provides documentation that either:

(a) The commercial business’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business’s total waste; or

(b) The commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business’s total waste; and

(3) Notifies the City if circumstances change such that the commercial business’s organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded; and

(4) Provides written verification of eligibility for de minimis waiver every five years, if the City has approved de minimis waiver.

(B) Physical Space Waivers. The City may, at its discretion, waive a commercial business’s or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter.

A commercial business or property owner 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 blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

(3) Provide written verification to the City that it is still eligible for physical space waiver every five years, if the City has approved application for a physical space waiver.

(C) Collection Frequency Waiver. The City, at its discretion and in accordance with 14 California Code of Regulations 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 organic waste collection service to arrange for the collection of their blue container, gray container, or both once every 14 days, rather than once a week. (Ord. 1587 § 5, 2022)

5.52.450 Requirements for commercial edible food generators.

(A) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 California Code of Regulations Section 18991.3.

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

(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.

(2) Contract with, or enter into a written agreement with, food recovery organizations or food recovery services 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 or a food recovery service.

(4) Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 California Code of Regulations Section 18991.4.

(5) Keep records that include the following information, or as otherwise specified in 14 California Code of Regulations Section 18991.4:

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

(b) A copy of all contracts or written agreements established under 14 California Code of Regulations, Section 18991.3(b).

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

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

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

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

(6) Commencing no later than February 1, 2022, for tier one commercial edible food generators and February 1, 2024, for tier two commercial edible food generators, commercial edible food generators shall provide a quarterly food recovery report to the City that includes the information required in 14 California Code of Regulations Section 18991.4, “Record Keeping Requirements for Commercial Edible Food Generators.”

(D) Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017. (Ord. 1587 § 5, 2022)

5.52.460 Requirements for food recovery organizations and services.

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

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

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

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

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

(B) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 California Code of Regulations Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 California Code of Regulations Section 18991.5(a)(2):

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

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

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

(C) Commencing January 1, 2022, food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 California Code of Regulations Section 18991.3(b) shall report to the City 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 California Code of Regulations Section 18991.3(b), as applicable.

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

(E) Commencing no later than January 1, 2022, food recovery services and organizations shall provide a quarterly report to the City which includes the information required in 14 California Code of Regulations, Section 18991.5, Food Recovery Services and Organizations. (Ord. 1587 § 5, 2022)

5.52.470 Requirements for collectors and facility operators and community composting operations.

(A) Requirements for Collectors.

(1) The collectors providing residential, commercial, or industrial organic waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect organic waste:

(a) Through written notice to the City annually on or before January 1st, identify the facilities to which they will transport organic waste including the facilities for source separated recyclable materials and source separated green container organic waste, as applicable.

(b) Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 California Code of Regulations, Division 7, Chapter 12, Article 2.

(c) Obtain approval from the City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 California Code of Regulations.

(d) All requirements of 14 California Code of Regulations Section 18989.1 and the Palmdale Municipal Code.

(e) The collector shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, as may be amended from time to time.

(f) Notwithstanding any of the foregoing, nothing in this chapter shall restrict or otherwise prohibit the collector from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 regulations, and/or any other applicable law, as may be amended from time to time.

(B) Requirements for Facility Operators and Community Composting Operations.

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

(2) Community composting operators, upon the City’s request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days. (Ord. 1587 § 5, 2022)

5.52.480 Self-hauler requirements.

(A) Self-haulers shall source separate all recyclable materials and organic waste (materials that the City otherwise requires generators to separate for collection in the City’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

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

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

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

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

(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste. (Ord. 1587 § 5, 2022)

5.52.490 Procurement requirements for City departments, direct service providers, and vendors.

Procurement requirements for City departments, direct service providers, and vendors shall be as set forth in POMC 3.08.230 and all other applicable City procurement policies. (Ord. 1587 § 5, 2022)

5.52.495 Compliance with CALGreen recycling requirements.*

Persons applying for a permit from the City for new construction and building additions and alternations shall also comply with the requirements of Chapter 15.30 PMC, CALGreen Recycling Requirements. (Ord. 1587 § 5, 2022)

* Code reviser’s note: Ord. 1587 adds this section as 5.52.490. The section has been editorially renumbered to duplication of numbering.

5.52.500 Model Water Efficient Landscape Ordinance requirements.

As applicable, all persons and/or entities subject to the MWELO shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G), as amended September 15, 2015. The MWELO compliance items listed herein are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined herein shall consult the full MWELO for all requirements.

If after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 California Code of Regulations Sections 492.6(a)(3)(B), (C), (D), and (G) in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements are more stringent than those required in this section, the revised requirements shall be enforced. (Ord. 1587 § 5, 2022)

5.52.510 Inspections and investigations by the City.

(A) City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance for this chapter, the City may conduct container Inspections for prohibited container contaminants using remote monitoring and commercial businesses shall accommodate and cooperate with the remote monitoring where applicable.

(B) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City’s employees or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein.

(1) Failure to provide or arrange for: (a) access to an entity’s premises; or (b) access to records for any inspection or investigation, is a violation of this article and may result in penalties described.

(C) Any records obtained by the City during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(D) City representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(E) The City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints. (Ord. 1587 § 5, 2022)

5.52.520 Enforcement.

(A) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a City enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

(B) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations, exist such that court action is a reasonable use of City staff and resources.

(C) Enforcement pursuant to this chapter may be undertaken by the enforcement official, which may be the City Manager or their designated entity, legal counsel, or combination thereof.

(D) Process for Enforcement.

(1) Enforcement officials and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program, which may include remote monitoring.

(2) The City may issue an official notification to notify regulated entities of their obligations under this chapter.

(3) For incidences of prohibited container contaminants found in containers, the City will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants. If the City or its authorized designee observes prohibited container contaminants in a generator’s containers on three consecutive occasions within a six-month time period, the City may assess contamination processing fees or contamination penalties on the generator.

(4) With the exception of violations of generator contamination of container contents, the City shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.

(5) Absent compliance by the respondent within the deadline set forth in the notice of violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1.20 PMC.

Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.

(E) Penalty Amounts for Types of Violations.

(1) For a first violation, the amount of the penalty shall be $100.00 per violation.

(2) For a second violation, the amount of the penalty shall be $200.00 per violation.

(3) For a third or subsequent violation, the amount of the penalty shall be $500.00 per violation.

(F) Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a notice of violation issued if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

(2) Delays in obtaining discretionary permits or other government agency approvals; or

(3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the City are under a corrective action plan with CalRecycle pursuant to 14 California Code of Regulations Section 18996.2 due to those deficiencies.

(G) Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the City’s procedures for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(H) Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, the City will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that the organic waste generator, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(I) Civil Penalties for Noncompliance. Beginning January 1, 2022, or an extended date set by CalRecycle if the City determines that an organic waste generator, hauler, tier one or tier two commercial edible food generator, hauler, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter and state law, as needed. (Ord. 1587 § 5, 2022)

Article X. Penalties

5.52.530 Penalties.*

Any person violating or failing to comply with any provision, regulation, or requirement of this chapter shall be deemed guilty of a violation pursuant to Chapter 1.12 PMC. (Ord. 1554 § 5, 2020)

* Code reviser’s note: Ord. 1587 adds a new Article IX using section numbers through 5.52.520. This section has been editorially renumbered from 5.52.500 to 5.52.530 to accommodate the addition of Article IX and prevent duplication of numbering.