Chapter 8.04
SOLID WASTE*
Sections:
8.04.040 Solid waste collection and disposal.
* Prior ordinance history: Ords. 337, 425 and 699.
8.04.010 Title of provisions.
This chapter shall be known as the “Solid Waste Ordinance.” (Ord. 1238 § 1 (part), 1998)
8.04.020 Findings.
The City Council finds and determines as follows:
A. The City wishes to maintain a safe, controlled and cost-efficient solid waste collection and disposal system, which serves as a convenience to the community and preserves the public health and safety.
B. The City wishes to encourage recycling in order to reduce impacts to landfill.
C. The City has determined that reducing the amount of solid waste entering the waste stream in the overall interest of the community, and is required by State mandates under Assembly Bill 939. (Ord. 1238 § 1 (part), 1998)
8.04.030 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
“Animal waste” means manure, fertilizer or any form of solid excrement produced by any and all forms of domestic or commercial animals.
“Bottles and jars” means glass and plastic containers, including container glass covered by Section 14500 et seq. of the Public Resources Code, and including household and kitchen containers.
“Business” means any person or entity that possesses or is required to possess a business registration certificate, as stated in Section 5.04.020.
“Cardboard” means post-consumer waste paper grade corrugated cardboard (No. 11) or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for collection and recovery for recycling.
“City” means the City of San Carlos.
“Collect” or “collection” means to take physical possession, transport, and remove solid waste, targeted recyclable materials, organic materials, or other materials within and from the City.
“Commercial facility” means any property used for conducting business, including but not limited to a food service establishment, retail facility, office, manufacturing facility, markets, office buildings, hotels, motels, shopping centers, and theaters; any educational, professional, commercial, governmental, institutional, or industrial establishment or facility of any nature whatsoever, except residential, where there is a generation of solid waste, including but not limited to nonresidential sites used by charitable or nonprofit organizations; properties and sites used for special events; or other nonresidential properties located within the boundaries of the Agency.
“Commercial generator” means any legal entity, except a special event, that generates solid waste at a commercial facility, who may include businesses; charitable or nonprofit organizations, including hospitals, educational institutions, and civic or religious organizations; governmental organizations, agencies, or entities; and nonresidential tenants or entities that lease or occupy space. “Commercial generator” also includes the Agency and its facilities and nonresidential properties.
“Composting” means the controlled biological decomposition of organic wastes that are source separated from the solid waste stream. Such organic wastes include vegetable, animal, yard and wood wastes which are not hazardous wastes.
“Construction and demolition debris” and “C&D” mean materials resulting from construction, renovation, remodeling, repair, or demolition operations on any residential, commercial or other structure or pavement.
“Construction waste” means tile rubble resulting from construction, remodeling, repair and demolition activities on housing, commercial or governmental buildings and any other structure and pavement.
“Container” means any bin used to store garbage, recyclable materials, or organic materials and from which solid waste collectors collect these materials. Containers include, but are not limited to, metal or plastic cans, carts, bins, and drop boxes.
“Contamination” means (A) all materials other than those defined as recyclable materials that were placed in a container designated for recyclable materials or were collected by a solid waste collector with recyclable materials; (B) all materials other than those defined as organic materials that were placed in a container designated for organic materials or were collected by solid waste collector with organic materials; or (C) recyclable materials, and organic materials in the case of a food service establishment, that were placed in a container designated for garbage or were collected by a solid waste collector with garbage.
“Discarded material” means solid waste, targeted recyclable materials, and organic materials placed by a generator in a container and/or at a location that is designated for collection pursuant to the Agency’s Municipal Code. Discarded material shall become the property of the contractor pursuant to California Public Resources Code Section 41950 until delivery to the designated transfer and processing facility.
“Disposal” means the ultimate disposition of solid waste collected by the contractor at a disposal site.
“Food service establishment” means any and all restaurants, sales outlets, stores, shops, manufacturers, processors, vehicles or other places of business located or operating within the Agency that function primarily to sell, manufacture, process, or distribute foods or beverages to consumers or other businesses.
“Franchisee” means any solid waste collector authorized by the City Council pursuant to the procedures established in this chapter.
“Garbage” means material that is designated for collection by the solid waste collector and does not include recyclable materials or, in the case of food service establishments, organic materials. The term “garbage” does not include hazardous waste, as defined in California Health and Safety Code Sections 25117 and 25141.
“Garbage disposal” means the final disposition of garbage onto land, including at a permitted landfill, or into the atmosphere, including through incineration. “Garbage disposal” does not include recycling or organics processing.
“Multifamily dwelling” means a residential structure with five or more residences.
“Multifamily generator” means tenants, residents, other occupants, and custodians or janitors of multifamily dwellings.
“Noncombustible rubbish” means ashes, bottles, broken crockery, glass, tin cans, metal and metallic substances which will not incinerate through contact with flames of ordinary temperature.
“Occupant” means a person who occupies a premises.
“Organic materials” means biodegradable materials that can be segregated from garbage and recyclable materials for the purpose of composting, anaerobic digestion, or processing with other organics processing methods. “Organic materials” include any materials identified by the Agency that can be feasibly collected and marketed for organics processing, including but not limited to yard waste, plant trimmings, food scraps, and paper and paper products that can be composted but not recycled.
“Organic materials collector” means any person or persons, firm, partnership, joint venture, association or corporation engaged in the collection or transportation of organic materials generated in the City.
“Organics processing” means the composting, anaerobic digestion, or other beneficial use, as defined by the City, of organic materials.
“Owner” means the person holding legal title to the real property constituting the premises to which solid waste, targeted recyclable materials, and/or organic materials collection service is provided.
“Person” means any individual, firm, corporation, association, or group or any combination thereof acting as a unit.
“Place of business” means any hotel, motel, trailer court, restaurant, cafeteria, market, hospital or any educational, professional, commercial or industrial establishment of any nature whatsoever where there is a generation of solid waste.
“Premises” means any land or building where solid waste, recyclable materials, or organic materials are generated or accumulated.
“Receptacle” means a bin used for the temporary collection and storage of solid waste, whose contents are periodically transferred to a larger container from which a solid waste collector directly collects the solid waste.
“Recyclable materials” or “recyclable” means materials that can be segregated from garbage and organic materials prior to collection for the purpose of reusing or returning these materials in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace. “Recyclable materials” include any materials identified by the Agency that can be feasibly collected and marketed for recycling by the City’s franchisee, including, but not limited to, paper and paper products, chipboard, cardboard, plastic food and beverage containers, and glass jars and bottles, aluminum, tin and bi-metal cans.
“Recycle” or “recycling” means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise be disposed by garbage disposal and then returning these materials for use or reuse in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace as defined in Public Resources Code Section 40180. “Recycling” does not include burning, incinerating, or thermally destroying solid waste, as defined in Public Resources Code Section 40201. The City shall specify additional materials covered under the ordinance at its discretion.
“Recycling collector” means any person or persons, firm, partnership, joint venture, association or corporation engaged in the collection and transportation of recyclable materials generated in the City.
“Recycling operator” means a person or persons, firm, partnership, joint venture, association or corporation engaged in the collection and recycling of recyclable materials.
“Segregate” means any of the following: the placement of recyclable materials, organic materials, and garbage each in separate and designated containers; the binding of recyclable materials separately from other waste material; the physical separation from each other of recyclable materials, organic materials, and garbage.
“Self haul” means to transport one’s own recyclable materials to a recycling facility or organic materials to an organics processing facility by using a vehicle owned by the transporting entity rather than using the hauling services of a solid waste collector.
“Self hauler” means a solid waste customer, commercial generator, multifamily generator, or special event that transports its own recyclable materials to a recycling facility or organic materials to an organics processing facility by using a vehicle owned by that transporting entity rather than using the hauling services of a solid waste collector.
“Solid waste” means all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes. “Solid waste” does not include hazardous waste as defined in Section 40141 of the Public Resources Code.
“Solid waste collector” means any person or persons, firm, partnership, joint venture, association, or corporation engaged in the collection or transportation, disposal, garbage disposal, recycling, or organic processing of solid waste generated within all or part of the jurisdictional boundaries of the Agency, including franchisees, recycling collectors, and organic materials collectors.
“Solid waste customer” means the legal entity responsible for managing solid waste at a commercial facility or multifamily dwelling, including subscribing to solid waste collection services with a solid waste collector or self hauling solid waste, or the entity to whom the solid waste collector submits billing invoices for collection from a commercial facility or multifamily dwelling.
“Solid waste disposal” includes the collecting, transporting and disposal of solid waste generated within the City.
“Solid waste facility” means any recycling center, materials recovery facility, intermediate processing center, incineration facility or landfill where solid waste may be taken for immediate processing or final disposal. “Solid waste facility” includes a solid waste transfer or processing station and a composting, transformation or disposal facility.
“Special event” means a community, public, commercial, recreational, or social event which may serve food or drink and which may require a permit from the City. “Special events” may include the temporary or periodic use of a public street, publicly owned site or facility, privately owned site or facility, or public park. “Special event” includes the legal entity responsible for the special event, including but not limited to the owner, manager, or organizer, which may be the City.
“Wood wastes” means lumber and wood products but excludes painted wood, wood treated with chemicals and pressure-treated wood.
“Yard wastes” means leaves, grass, weeds and wood materials from trees and shrubs. (Ord. 1418 § 3, 2010: Ord. 1238 § 1 (part), 1998)
8.04.040 Solid waste collection and disposal.
A. Except as provided in this chapter, no person shall, for another, collect, remove or dispose of any solid waste within the City, nor transport the same over any public street or right-of-way, unless a franchise to do so has first been obtained from the City and a bond has been posted as determined by the City Council; provided, that any person who collects, removes or disposes of only recyclables shall only be required to obtain a City business registration.
B. Except as provided in this chapter, it is unlawful for any person to permit, allow or enter into any agreement for the collection or transportation of solid waste from any location within the City of San Carlos with any person who does not possess a franchise and business registration from the City of San Carlos.
C. No person shall place or cause to be placed any solid waste generated upon any property or by any residential, commercial or industrial use into any container other than those owned or controlled by such person, unless permission for such use is granted by the commercial or residential customer owning or controlling the container.
D. It is unlawful for any person to dispose of solid waste which is not from incidental use by pedestrian or vehicular traffic in or near litter or recycling containers placed by the City or any other agency in public places for incidental use by pedestrian or vehicular traffic, or in recycling containers or enclosures maintained by the City in commercial zones.
E. Other than as herein set forth, it is unlawful for any person to dump, bury, burn, incinerate, or otherwise dispose of or store or accumulate any garbage, combustible or noncombustible rubbish, miscellaneous debris or combined rubbish or solid waste on any private or public property within the City; provided, however, that leaves, grass clippings and the like may be composted.
8.04.050 Exemptions.
The following types of collection or transportation of solid waste are exempted from the requirements of this chapter:
A. Yard waste removed from a premises by a gardening, landscaping or tree trimming contractor having a City business license and as an incidental part of a total service offered by that contractor rather than as a disposal service, and tree trimmings, clippings and all similar materials generated at parks and other publicly maintained premises;
B. Demolition debris removed from a premises by a licensed contractor as an incidental part of a total service offered by that contractor rather than as a disposal service;
C. The collection of hazardous or dangerous waste as part of a hazardous waste collection activity authorized by the San Mateo County Environmental Health Department, including, without limitation, liquid and dry caustics, acids, bio-hazardous, flammable or explosive materials, insecticides and similar substances;
D. Recyclable materials and yard wastes which are generated at any residential dwelling unit or place of business and which are transported personally by the owner or occupant of such premises (or by his or her full-time employees) to a licensed solid waste or recycling facility in a manner consistent with this chapter and other applicable laws. (Ord. 1238 § 1 (part), 1998)
8.04.060 Requirements.
A. Unless expressly excepted by this chapter, the owner, occupant or other person responsible for the day-to-day operation of all residential, commercial or industrial properties in the City shall contract with a City franchisee for the removal and disposal of solid waste generated from the use of the property.
B. The franchisee is authorized to charge all customers a fee for the collection and transportation of solid waste, subject to the approval by the City Council of the fee. Such fee may include charges for collection, landfills, recovery or recyclables, composting and may include the cost of preparing and implementing source reduction, recycling elements, household hazardous waste elements, and integrated waste management plans.
C. All recyclables shall be maintained by the person, firm or corporation occupying the premises upon which such recyclables or other matter is created as specified in Chapter 8.24 and to the satisfaction of the franchisee.
D. All garbage shall be maintained by the person, firm or corporation occupying the premises upon which such garbage or other matter is created in receptacles as specified in this chapter.
E. The contents of all garbage containers shall be removed a minimum of at least once a week as outlined in this chapter or as otherwise necessary or mandated by the San Mateo County Health Department.
F. Containers shall be made of metal or plastic if barrels, or plastic, if bags, and of sufficient strength to prevent them from being broken under ordinary conditions.
G. Containers shall be maintained in a clean, safe, sanitary and watertight condition.
H. Garbage or other refuse containing water or other liquids shall be drained before being placed in a container.
I. Animal waste shall not be placed directly in a container for regular collection and disposal, but shall be placed within a secondary containment (i.e., plastic bag) within the container for regular collection and disposal, as required by the franchisee and San Mateo County Health Department.
J. Solid waste shall be kept free of all hazardous materials and placed in a closed container unless other acceptable arrangements are made with the franchisee.
K. Unless provisions to prevent litter are otherwise provided, no person shall so fill any container with garbage or rubbish above the top of the container to such extent as to permit the contents of any container to be blown or otherwise strewn about.
L. Paper bags and cardboard containers shall not be used as containers for the disposal of garbage or rubbish but may be used for recyclables.
M. If rubbish, as defined in this chapter, either from residences or from places of business is of such a nature that it cannot be placed in a container, it shall be carefully placed beside the container in securely tied bundles not to exceed one cubic yard in size and weighing not more than fifty pounds. Tree limbs, trunks, hedge cuttings, brush and lumber shall not exceed four feet in length.
N. Any containers placed for collection along a street, roadway or alley shall be set out only on the day established for the collection on the particular route or after five-thirty p.m. on the day immediately prior to such collection. Containers for residential properties shall not remain thereon for more than twenty-four hours after they have been emptied. Containers for commercial properties shall not remain thereon for more than twelve hours after they have been emptied.
O. Any container placed for collection along a street or roadway shall be placed between the curb line and the property line as close to the curb line or edge of the street or roadway as practicable.
P. No person, including a solid waste collector, shall place or cause to be placed any solid waste or solid waste container in any public street, road, way or alley without an encroachment permit from the City or in any place or in any manner inconsistent with the regulations of this chapter.
Q. Any container placed for collection in any alley shall be placed as close to the property line as practicable.
R. In no event shall containers be located either on private property, public property, or public right-of-way in such a manner as to obstruct emergency, vehicular, pedestrian, wheelchair or other necessary access.
S. Each owner or occupant of a residential dwelling unit or place of business shall maintain supervision and surveillance over the solid waste containers on the premises and shall maintain the same in a sanitary condition. If the containers should not be emptied and the contents removed on the date and time scheduled by the franchisee, they should immediately notify the franchisee and it shall be the duty of the franchisee to, within twenty-four hours thereafter, arrange for the collection and disposal of the solid waste.
T. Solid waste which exceeds the limitations herein above set forth may, in the discretion of the franchisee, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the franchisee for this service.
U. No person, other than the owner thereof, owner’s agents or employees or an officer or employee of the City or any person holding a franchise or license from the City for the collection or disposal of refuse or recyclables shall remove any materials set out for recycling collection or tamper or meddle with any solid waste or recycling container or the contents thereof, or remove the contents of any such container, or remove any such container from the location where the same shall have been placed by the owner thereof or owner’s agent.
V. Recyclables placed at the curb of residential properties or placed for collection at other recycling locations for pickup by a franchisee or licensee shall become the property of the franchisee or licensee at the time of their placement in the recycling containers or otherwise set out for collection.
W. Containers for solid waste and recyclables shall also meet the enclosure requirements of Chapters 8.24 and 18.146. (Ord. 1238 § 1 (part), 1998)