Chapter 8.06 COLLECTION OF RECYCLABLE REFUSE

Existing landfill space for the disposal of municipal solid waste is rapidly diminishing. The California Integrated Solid Waste Management Act, at California Public Resources Code Section 41780, mandates 25 percent landfill diversion by 1995 and 50 percent landfill diversion by the year 2000. The recycling of recyclable refuse will help postpone the need for new landfill capacity, help the city meet its mandatory landfill diversion quotas and also reduce pollution and loss of resources which occurs when perfectly usable materials are discarded. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

8.06.020 Enforcement.

Failure to comply with the provisions of this chapter shall lead to enforcement actions as stated in this chapter and pursuant to Chapter 8.04 PMC Article V, VI, or VII. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

8.06.030 Definitions.

In this chapter, unless the context otherwise requires:

A. “Blue cart waste” or “blue container waste” means refuse that is appropriate for storage and disposal in the blue cart or container and includes recyclable refuse.

B. “Curbside recycling program” means the city’s recycling program by which recyclable refuse is picked up from residential premises as defined in PMC 8.04.030 by the collection contractor as defined in PMC 8.04.030 without payment of any redemption value to the property owner.

C. “Paper products” are free of plastic coatings and include, but are not limited to, paper janitorial supplies, cartons, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). These products are suitable only for placement in the blue carts or container cart or container as defined by PMC 8.09.030. Paper products must be free of any nonorganic materials like staples, paper clips, any metals, plastic windows, and bindings, and any nonpaper material as designated by the city or collection contractor.

D. “Post-consumer recycled material” means a finished material which would normally be disposed of as rubbish as defined in PMC 8.04.030 having completed its life cycle as a consumer item, and which is separated or collected separately from the waste stream and made available for reuse as a raw material.

E. “Printing and writing papers” are free of plastic coatings and include, but are not limited to, copy paper, xerographic paper, watermark paper, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, and publications. Printing and writing papers must be free of any nonorganic materials like staples, paper clips, any metals, plastic windows, and bindings, and any nonpaper material as designated by the city or collection contractor.

F. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

G. “Recycled-content paper” means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber.

H. “Recycle” or “recycling” means the process of separating and collecting used nonorganic materials which would otherwise become solid waste as defined by PMC 8.04.030, for the purpose of reprocessing them to create new materials to be returned to the economic mainstream.

I. “Recycling collection facility” means a center for the acceptance by donation, redemption, or purchase of recyclables from the public and includes the facilities regulated by Chapter 18.84 PMC.

J. “Recyclable refuse” means all items designated by the city and collection contractor to be collected within blue carts or containers during curbside collection programs, including, but not limited to, glass, PET plastic, aluminum cans and newspapers, Schedule B prohibited organics as defined in PMC 8.09.030(Q), cardboard, plastic packaging, bi-metal cans, HDPE bottles, PET bottles, wood, and other items as specified by the city and collection contractor. Disposal of recyclable refuse is appropriate only in the blue cart or container.

K. “Recyclables” means all solid waste as defined by PMC 8.04.030 disposed of for recycling purposes, excluding rubbish as defined by PMC 8.04.030, Schedule B prohibited waste material as defined by PMC 8.04.030, and organics as defined in PMC 8.09.030. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

Article II. Mandatory Requirement to Recycle

8.06.040 Mandatory requirement to recycle.

A. A mandatory requirement shall be imposed on each property owner or occupant as defined by PMC 8.04.030 in the city to separate and recycle all recyclables from the solid waste generated on a premises as defined by PMC 8.04.030.

B. Mandatory recycling may be facilitated through the use of the city’s curbside recycling program, or by use of a privately owned and operated recycling collection facility as described and regulated in Chapter 18.84 PMC.

C. Failure to comply with any provision of this chapter is an infraction, punishable as provided in this chapter and in PMC 1.12.020. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

Article III. Residential Curbside Recycling Program

8.06.050 Curbside recycling program established.

A. A curbside recycling program is established to provide curbside recycling services to all residential premises within the city.

B. The city may provide the curbside recycling services through the use of one or more franchised collection contractors as defined by PMC 8.04.030. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

8.06.060 Fees for curbside residential premises recycling service.

A. The cost for collection of residential premises recycling is incorporated in the billing of the residential premises refuse collection fee, which collection contractor shall charge and collect pursuant to Chapter 8.04 PMC.

B. The city council shall fix the residential premises refuse collection fee which includes the cost for recycling by resolution.

C. Recyclable refuse shall be incorporated into refuse collection and collected by the collection contractor pursuant to Chapter 8.04 PMC. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

8.06.070 Educational and promotional services.

The city shall require the collection contractor to provide residents with educational and promotional services for the recycling program. The city may also enter into a contract for additional community educational and promotional services with a separate advertiser or public relations services provider. Fees collected under PMC 8.06.060 may be used for the services described in this section. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

8.06.080 Storage of recyclable refuse for curbside collection.

All property owners and occupants in the city shall store recyclable refuse in accordance with refuse storage methods established in PMC 8.04.050. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

8.06.081 Discarding of recyclable refuse.

A. All property owners and occupants in the city shall discard recyclable refuse in accordance with refuse discarding methods established in PMC 8.04.071 and 8.04.250.

B. No property owner, occupant, or permittee shall cause contamination as defined in PMC 8.04.030 of carts or containers. All property owners, occupants, and permittees shall separate their refuse according to its characterization as black, green, or blue cart or container waste, and place each type of refuse in a separate container designated for disposal of that type of refuse. No property owner, occupant, or permittee shall mix any type of refuse, or deposit refuse of one type in a cart or container designated for refuse of another type, except as otherwise provided in this chapter. This section does not prohibit any property owner or occupant from engaging in home composting. [Ord. 21-1489 § 2, 2021.]

8.06.090 Regulation of service.

Recyclable refuse is subject to collection service in accordance with the frequency of service, time of service, and regulations of services established in PMC 8.04.110, 8.04.120, and 8.04.130 respectively. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

8.06.100 Vehicles used to transport recyclables.

Vehicles used to transport recyclables shall be in accordance with provisions set out in PMC 8.04.140. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

8.06.120 Ownership of recyclable refuse.

Upon the placement of recyclable refuse at the curbside or within blue cart or container for collection, the recyclable refuse becomes the property of the collection contractor. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

8.06.130 Unauthorized collection prohibited.

Collection of organic refuse shall be consistent with the provisions set forth in PMC 8.04.090 and 8.06.060. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

8.06.140 Civil action by the collection contractor.

No language in this chapter shall be construed as limiting or modifying the right of the collection contractor to file a civil action against any person or entity that violates any of the terms of this chapter or any of the rights granted to the collection contractor under this chapter or pursuant to a written franchise agreement between the city and collection contractor. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

8.06.150 Right of individual to dispose of recyclables.

This chapter does not limit the right of a person to donate, sell or otherwise dispose of recyclables so long as the disposal complies with this chapter. [Ord. 21-1489 § 2, 2021; Ord. 1019 § 1, 1991.]

Article IV. Recycling at Commercial Premises

8.06.181 Storage of commercial recyclable refuse.

A. Property owners or occupants of all commercial premises shall provide recycling receptacles for day to day on site for use by all workers and persons visiting the premises. These receptacles shall be of appropriate size and placement so that all persons on site can recycle and avoid cart or container contamination.

B. The contents of the recycling receptacles shall be emptied regularly into the blue container at the on-site refuse storage location as defined by PMC 8.04.030.

C. All property owners and occupants in the city shall store recyclable refuse in accordance with refuse storage methods established in PMC 8.04.050. [Ord. 21-1489 § 2, 2021.]

8.06.182 Discarding of commercial recyclable refuse.

A. All property owners and occupants in the city shall discard recyclable refuse in accordance with refuse discarding methods established in PMC 8.04.071 and 8.04.250.

B. No property owner, occupant, or permittee shall cause contamination as defined in PMC 8.04.030 of carts or containers. All property owners, occupants, and permittees shall separate their refuse according to its characterization as black, green, or blue container waste, and place each type of refuse in a separate container designated for disposal of that type of refuse. No property owner, occupant, or permittee may mix any type of refuse, or deposit refuse of one type in a container designated for refuse of another type, except as otherwise provided in this chapter. This section does not prohibit any property owner or occupant from engaging in home composting. [Ord. 21-1489 § 2, 2021.]

8.06.183 Regulation of commercial service.

8.06.184 Vehicles used to transport recyclables.

Vehicles used to transport recyclables shall be in accordance with provisions set out in PMC 8.04.140. [Ord. 21-1489 § 2, 2021.]

8.06.185 Charges and collection of commercial premises recyclable refuse fee by collection contractor.

The property owner and/or occupant of every commercial premises in the city shall pay for commercial premises recyclable refuse collection service pursuant to the mutually agreed upon recyclable refuse collection rates between the property owner and/or occupant of the commercial premises and the collection contractor. The collection contractor is responsible for the collection of the commercial premises recycling refuse collection fee from the property owner and/or occupant of a commercial premises. [Ord. 21-1489 § 2, 2021.]

8.06.186 Ownership of commercial recyclable refuse.

Upon the placement of recyclable refuse at the curbside or within blue container for collection, the recyclable refuse becomes the property of the collection contractor. [Ord. 21-1489 § 2, 2021.]

8.06.187 Educational and promotional services.

The collection contractor shall provide commercial entities with educational and promotional services for the storage and disposal of recyclable refuse. The city may also enter into a contract for additional community educational and promotional services with a separate advertiser or public relations services provider. Fees collected under PMC 8.06.060 may be used for the services described in this section. [Ord. 21-1489 § 2, 2021.]

Article V. Enforcement

8.06.188 Reporting noncompliance to the property owner or occupant.

The collection contractor shall be responsible for reporting noncompliance under this chapter first to the property owner or occupant for an opportunity to resolve the nuisance. [Ord. 21-1489 § 2, 2021.]

8.06.189 Notification of noncompliance to the city enforcement official.

If the property owner or occupant does not comply within seven days of receipt of report from the collection contractor, the collection contractor shall notify a city enforcement official as defined in PMC 8.04.030 of the nuisance. [Ord. 21-1489 § 2, 2021.]

8.06.190 Enforcement of violations by property owners and occupants.

If in the opinion of the collection contractor or enforcement official, a property owner or occupant of a premises in the city fails to comply with any of the provisions set forth in this chapter, the property owner or occupant shall be subject to enforcement actions set forth in Chapter 8.04 PMC, Articles V, VI, and VII. [Ord. 21-1489 § 2, 2021.]

8.06.200 Enforcement of violations of the franchise agreement.

If in the opinion of the enforcement official, the collection contractor fails to comply with any of the provisions set forth in this chapter, the collection contractor shall be subject to enforcement actions set forth in Chapter 8.04 PMC, Article VI. [Ord. 21-1489 § 2, 2021.]

8.06.210 Enforcement – Other.

If in the opinion of the collection contractor or enforcement official, a person or entity in the city fails to comply with any of the provisions set forth in this chapter, that person or entity shall be subject to enforcement actions as set forth in Chapter 8.04 PMC, Articles V, VI, and VII. [Ord. 21-1489 § 2, 2021.]

Prior legislation: Ord. 971.