Chapter 8.25
MANDATORY COMMERCIAL AND MULTIFAMILY RESIDENTIAL RECYCLING
Sections:
8.25.040 Solid waste customers.
8.25.050 Commercial generators.
8.25.060 Multifamily generators.
8.25.080 Provisions for self haulers.
8.25.090 Solid waste collectors.
8.25.130 Administrative appeal.
8.25.150 Enforcement for contamination.
8.25.160 Enforcement for other violations.
8.25.180 Implementation schedule.
8.25.200 Disclaimer of liability.
8.25.210 Duties discretionary.
8.25.010 Purpose.
The purpose of this chapter is to:
A. Establish requirements for the collection and recycling of recyclable materials and collection and organics processing of organic materials generated from commercial facilities, multifamily dwellings, and special events. These requirements are intended to accomplish the following:
1. Assist the City in complying with the Integrated Waste Management Act of 1989 (AB 939 passed and signed into law in 1989) and Alternative Compliance Act of 2008 (SB 1016 passed and signed into law in 2008), which requires each local jurisdiction in the State to divert the equivalent of fifty percent of waste from landfill garbage disposal on a per capita basis, and the California Global Warming Solutions Act of 2006 (AB 32 passed and signed into law in 2006), requiring that commercial generators statewide participate in recycling programs.
2. Augment voluntary recycling efforts to further the City’s recycling and diversion goals.
3. Reduce greenhouse gas emissions associated with the mining and manufacturing of goods from virgin materials and associated with the disposal of solid waste in landfills.
4. Further protect the natural environment and human health as well as enhance the economy through increased recycling and organics processing activities;
B. Provide for enforcement through the use of fines for violating the requirements of this chapter;
C. Establish a schedule for implementing and enforcing this chapter;
D. Provide exclusions and exemptions for select solid waste customers, commercial generators, and special events who are not included or able to comply with this chapter or for whom this chapter poses an undue burden. (Ord. 1418 § 2 (part), 2010)
8.25.020 Findings.
The City Council finds and determines as follows:
A. The City wishes to maintain a safe, controlled and cost-efficient commercial and multifamily residential recycling program, which serves as a convenience to the community and preserves the public health and safety.
B. The City wishes to encourage commercial, multifamily and special event recycling in order to reduce impacts to landfill and to reduce greenhouse gas emissions attributable to solid waste.
C. The City has determined that reducing the amount of solid waste entering the waste stream is in the overall interest of the community, and is required by State mandates under the Integrated Waste Management Act of 1989, the Alternative Compliance Act of 2008 and the California Global Warming Solutions Act of 2006. (Ord. 1418 § 2 (part), 2010)
8.25.030 Definitions.
The definitions set forth in Section 8.04.030 shall apply to this chapter. (Ord. 1418 § 2 (part), 2010)
8.25.040 Solid waste customers.
Each solid waste customer shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter. Each solid waste customer shall:
A. Subscribe to an adequate level of service for recyclable materials and, when applicable, organic materials generated at the commercial facility, multifamily dwelling, or special event if the solid waste customer does not self haul those recyclable materials or organic materials to a recycling or organics processing facility.
B. Provide, directly or through the solid waste collector, appropriate and sufficient containers, placed in appropriate and accessible locations with adequate signage, to ensure maximum segregation of recyclable materials by all commercial generators, multifamily generators, and special events and to ensure maximum segregation of organic materials by food service establishments.
C. Post and maintain signs containing information and instructions on the proper segregation and storage of recyclable materials and organic materials in areas where containers are located.
D. Ensure that all containers used for collecting and storing recyclable materials and organic materials (1) are affixed with or have adjacent to the container signs that display the appropriate information to enable users to clearly differentiate which containers are used for recyclable materials, organic materials, and garbage; (2) display the name of the solid waste collector that provides collection service of the container; and (3) ensure that users of the containers make efforts to minimize the contamination of material placed in the containers.
E. Distribute chapter requirements and appropriate educational materials to all commercial generators, multifamily generators, and special events at the commercial facility or multifamily dwelling at least once each year. All new commercial generators, multifamily generators, and special events shall receive this information upon occupancy, employment, or contracting. Educational materials shall include (1) the requirement and procedures to ensure the accurate segregation of recyclable materials and organic materials from garbage; (2) the commercial generator’s, multifamily generator’s, or special event’s responsibilities regarding compliance with this chapter; and (3) the types and location of recyclable materials, organic materials, and garbage containers.
F. Ensure that instructions or training materials provided to commercial generators, multifamily generators, and special events are promptly made available to the City upon request.
G. Ensure that the contents of the recyclable materials and organic materials containers are not collected for garbage disposal unless the contents of these containers include unacceptable levels of contamination. Solid waste customers shall be assessed a premium fee based on the size of the container for recyclable materials and organic materials containers that are collected for garbage disposal by the franchisee if the contents of their recyclable materials and organic materials containers contain unacceptable levels of contamination. (Ord. 1418 § 2 (part), 2010)
8.25.050 Commercial generators.
Each commercial generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter. Each commercial generator shall:
A. Ensure the segregation of recyclable materials and, for food service establishments, organic materials from garbage by placing each type of material in a separate designated receptacle or container, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site segregate recyclable materials and, for food service establishments, organic materials.
B. Provide an adequate number and type of labeled receptacles needed for segregating and storing recyclable materials and, for food service establishments, organic materials, and provide adequate access to these receptacles.
C. Post and maintain signs containing information and instructions on the proper segregation and storage of recyclable materials and, for food service establishments, organic materials in areas where receptacles are located.
D. Ensure that all receptacles used for collecting and storing recyclable materials, organic materials, and garbage are affixed with signs or labels that display the appropriate information to enable users to clearly differentiate which receptacles are used for recyclable materials, organic materials, and garbage to minimize the contamination of material placed in receptacles.
E. Provide adequate instructions to employees, contractors, and volunteers of the requirements of this chapter, including (1) the requirement and procedures to ensure the segregation of recyclable materials and, for food service establishments, organic materials from garbage; (2) the employee’s, contractor’s, and volunteer’s responsibilities regarding compliance with this chapter; and (3) the types and location of receptacles and containers for recyclable materials, organic materials, and garbage.
F. Ensure that instructions or training materials provided to employees, contractors, and volunteers are promptly made available to the City upon request.
G. Ensure that the contents of receptacles are deposited in the proper container and ensure that the contents of the receptacles for recyclable materials and organic materials are not delivered to garbage containers. Commercial generators shall be assessed a premium fee based on the size of the container for recyclable materials and organic materials containers that are collected for garbage disposal by the franchisee if the contents of their recyclable materials and organic materials containers contain unacceptable levels of contamination. (Ord. 1418 § 2 (part), 2010)
8.25.060 Multifamily generators.
Each multifamily generator shall:
A. Participate in programs covered by this chapter that require segregating recyclable materials from garbage and depositing them in designated containers provided by the solid waste customer or solid waste collector. (Ord. 1418 § 2 (part), 2010)
8.25.070 Special events.
Special events shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter. In addition to other requirements in this chapter and the Municipal Code, each special event shall:
A. Segregate recyclable materials and, for special events that include food service establishments, organic materials from garbage by placing each type of material in a separate designated receptacle or container, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site segregate recyclable materials and, for food service establishments, organic materials.
B. Ensure the special event has access to an adequate number and type of containers needed for collecting and storing recyclable materials and, when applicable, organic materials generated at and by the special event.
C. Provide or ensure the provision of adequate receptacles throughout the special event location to make the segregation of recyclable materials and organic materials convenient for employees, volunteers, contractors, vendors, exhibitors, presenters, visitors, attendees, customers, and other persons on site.
D. Provide or ensure the provision of an equal or greater number of receptacles for recyclable materials and, when applicable, organic materials to receptacles for garbage. Individual receptacles for recyclable materials, organic materials, and garbage shall be placed as close together as possible throughout the special event location in order to provide equally convenient access to receptacles for recyclable materials and organic materials as to receptacles for garbage.
E. Ensure that all receptacles used for segregating and storing recyclable materials, organic materials, and garbage are affixed with signs or labels that display the appropriate information to enable users to accurately segregate solid waste and to clearly differentiate which receptacles are used for recyclable materials, organic materials, and garbage, to minimize the contamination of material placed in receptacles. Require food vendors and food service establishments to have at least one separate receptacle each for recyclable materials, organic materials, and garbage for use by employees, contractors, custodians, customers, visitors, and other persons on site.
F. Distribute chapter requirements and appropriate informational materials to all vendors, exhibitors, and other commercial generators during event planning and setup.
G. Ensure that the contents of the receptacles for recyclable materials and organic materials are not delivered to garbage containers unless they include unacceptable levels of contamination. (Ord. 1418 § 2 (part), 2010)
8.25.080 Provisions for self haulers.
A. Nothing in this chapter shall preclude any person, solid waste customer, commercial generator, multifamily generator, or special event from self hauling recyclable materials or organic materials generated by that entity to a recycling or organics processing facility.
B. Self haulers shall:
1. Comply with the requirements in this chapter by delivering for recycling those items that can be recycled by local recycling facilities; self haulers that are also food service establishments shall comply by delivering for organics processing those items that are accepted by local organics processing facilities.
2. Provide proof of compliance with this chapter, upon request by the City; proof includes but is not limited to a receipt from a recycling or organics processing facility that clearly identifies the type and quantity of material delivered. (Ord. 1418 § 2 (part), 2010)
8.25.090 Solid waste collectors.
A. Recycling and organic materials collectors shall obtain and maintain a business registration with the City.
B. Solid waste collectors shall keep separate garbage, recyclable materials, and organic materials that have been segregated into separate containers by commercial generators, multifamily generators, or special events.
C. Solid waste collectors shall ensure that segregated recyclable materials are delivered to a recycling facility and that segregated organic materials are delivered to an organics processing facility, except that a container that contains unacceptable levels of contamination may be delivered for garbage disposal if the solid waste collector notifies the City of the occurrence; the date of the occurrence; and the account name, primary contact, phone number, billing address, and service address for the solid waste customer at which the container is located.
D. Within five days of request by the City, solid waste collectors shall provide progress reports providing the following information, at a minimum:
1. Total number of solid waste customers to whom the solid waste collector currently provides garbage, recyclable materials, and organic materials collection service within the City’s boundaries;
2. For each solid waste customer, the account name, identifying number, primary contact, phone number, billing address, and service address;
3. Information on the type of collection service provided, such as garbage, recyclable materials, or organic materials services;
4. The weekly volume and type of collection service provided, including the number, type, and size of containers serviced and the days of service for each container;
5. Name and location of the solid waste facilities where materials are delivered for processing;
6. List of accounts not in compliance with this chapter, including whether they are excluded or exempt based on the exemptions in Sections 8.25.100 and 8.25.110. (Ord. 1418 § 2 (part), 2010)
8.25.100 Exclusions.
Solid waste customers that subscribe to less than two cubic yards of garbage collection service per week shall be excluded from the requirements of this chapter. (Ord. 1418 § 2 (part), 2010)
8.25.110 Exemptions.
Solid waste customers, commercial generators, and special events that can document using the methods described in subsection C of this section that the circumstances described in subsections A and B of this section pertain to their operations shall be exempt from the requirements of this chapter:
A. No Generation of Recyclable Materials. Solid waste customers, commercial generators, and special events may be exempt from the requirements of this chapter if the solid waste customer, commercial generator, or special event demonstrates to the City that no recyclable materials or organic materials are generated on site.
B. Space Constraints and Zoning Considerations.
1. Solid waste customers may be exempt from the requirements of this chapter if the City determines that either:
a. There is inadequate space for a solid waste customer to store containers for recyclable materials or organic materials on site and that it is infeasible for the solid waste customer to share recyclable materials or organic materials containers with adjacent commercial facilities or multifamily dwellings; or
b. Compliance with this chapter will result in violating City zoning or other regulations.
2. Commercial generators, multifamily generators, and special events may be exempt from the requirements of this chapter if the City determines that either:
a. The solid waste customer that is responsible for managing solid waste for the commercial generator, multifamily generator, or special event is excluded or exempt from providing containers for recyclable materials or, for food service establishments, organic materials; or
b. There is inadequate space for the commercial generator or special event to store receptacles for recyclable materials or organic materials on site and that it is infeasible for the commercial generator or special event to deposit recyclable or organic materials directly into containers without an intermediate receptacle; or
c. Compliance with this chapter will result in violating City zoning or other regulations.
C. Verification of Exemption. The solid waste customer, commercial generator, or special event shall petition the City with a written request for an exemption documenting the circumstances of a claimed exemption. The City may visit the solid waste customer’s, commercial generator’s, or special event’s site; examine the receptacles for garbage, recyclable materials, or organic materials; or take other actions to verify the circumstances identified in the petition. The solid waste customer, commercial generator, or special event requesting an exemption shall not be granted an exemption from the requirements of this chapter if the City determines that (1) recyclable materials or organic materials are generated on site, (2) it is feasible for containers and receptacles for recyclable materials and, as necessary, for organic materials to be placed on site, and (3) it is feasible to share recycling containers with an adjacent commercial facility or multifamily dwelling. The City may impose an administrative fee on petitioning entities to cover the costs of processing such petitions. The City may require the solid waste customer, commercial generator, or special event that is granted an exemption from the requirements of this chapter to submit a renewal of its petition for an exemption every two years from the date the exemption was granted by the City. (Ord. 1418 § 2 (part), 2010)
8.25.120 City authority.
The City or its designee is authorized to administer and enforce the provisions of this chapter. To the extent permitted by law, the City or its designee may inspect any collection container at a commercial facility, multifamily dwelling, or special event and any solid waste collector’s load for garbage, recyclable materials, or organic materials. To the extent permitted by law, the City or its designee may also inspect the premises of any commercial facility, multifamily dwelling, or special event to determine compliance with the provisions of this chapter. (Ord. 1418 § 2 (part), 2010)
8.25.130 Administrative appeal.
Unless otherwise expressly provided by the City Municipal Code, any person adversely and directly affected by any determination made or action taken by the City pursuant to the provisions of this chapter may file an administrative appeal with the City Clerk. If no appeal is filed within ten days under the Municipal Code City administrative appeal procedures at Chapter 1.25, the determination of the City shall be final. (Ord. 1418 § 2 (part), 2010)
8.25.140 Enforcement goals.
The City shall enforce this chapter with the goal of maximizing the amount of recyclable materials and organic materials properly segregated and ensuring that recyclable materials and organic materials that have been properly segregated by the solid waste customer, commercial generator, multifamily generator, or special event are correctly collected and delivered to recycling and organics processing facilities. The City or its designee shall conduct the following activities to enforce this chapter:
A. Provide details on the requirements of this chapter to affected solid waste customers, commercial generators, multifamily generators, and special events;
B. Develop and disseminate public education and promotional materials relating to the importance of recycling and organics processing and the availability of recycling and organics processing opportunities available to solid waste customers, commercial generators, multifamily generators, and special events;
C. Provide technical assistance and training to solid waste customers, commercial generators, multifamily generators, and special events to increase recycling;
D. Enforce provisions of the franchise agreement for collection of recyclable materials, organic materials, and garbage with the franchisee to stimulate demand for recyclable materials and organic materials collection service. (Ord. 1418 § 2 (part), 2010)
8.25.150 Enforcement for contamination.
Enforcement of this chapter regarding contamination in containers for garbage, recyclable materials, and organic materials shall be carried out by the City or its designee in a three-step process, as follows:
A. Step One—Issuance of a Courtesy Notice. If the City or its designee identifies contamination in a collection container, they shall notify the solid waste customer in writing by affixing to the corresponding container a written “courtesy notice” identifying the contamination and shall provide a copy of this courtesy notice to the City along with the account name, primary contact, phone number, billing address, and service address of the solid waste customer.
B. Step Two—Issuance of a Warning Notice. If the City or its designee identifies contamination in a collection container a second time, they shall notify the solid waste customer by affixing to the corresponding container a written “warning notice” identifying the contamination and shall provide a copy of this warning notice to the City along with the account name, primary contact, phone number, billing address, and service address of the solid waste customer.
C. Step Three—Issuance of a Violation Notice. If the City or its designee identifies contamination in a collection container after the City or its designee has issued both a courtesy notice and warning notice to the same solid waste customer, the solid waste collector may refuse to collect the container with contamination, and the solid waste collector or City or its designee must affix to the corresponding container a written “violation notice” identifying the contamination and send a written copy of the violation notice to the solid waste customer, identifying the incorrect materials and describing what action must be taken for the materials to be collected; provided, however, that a solid waste collector may not refuse on this basis to empty containers from commercial facilities with multiple tenants and joint account collection service due to excessive contamination, but the solid waste collector may manage contaminated loads as garbage and charge the solid waste customer accordingly. The solid waste collector or the designee of the City shall also provide a copy of the violation notice to the City, along with the account name, primary contact, phone number, billing address, and service address of the solid waste customer.
Solid waste collectors shall not be held liable for the failure of solid waste customers to comply with this chapter, unless specified in the franchise, contract, registration certificate, or permit issued by the City. (Ord. 1418 § 2 (part), 2010)
8.25.160 Enforcement for other violations.
Enforcement of this chapter regarding violations of Section 8.25.090 by solid waste customers, commercial generators, or special events, excluding contamination in containers for garbage, recyclable materials, and organic materials, shall be carried out by the City or its designee as follows:
A. Step One—Issuance of a Courtesy Notice. If the City or its designee determines that a solid waste customer, commercial generator, or special event has violated the requirements identified in Section 8.25.090, the City or its designee shall provide to that entity a written courtesy notice identifying the violation(s), describing what actions may be taken to correct the violation(s), and providing information on assistance for correcting the violation(s) that may be available from the City or its designee. If the courtesy notice has been issued by a designee, the designee shall provide a copy of the warning notice along with the name, primary contact person, phone number, and address of the entity that was issued the courtesy notice.
B. Step Two—Issuance of a Warning Notice. If the City or its designee determines that a solid waste customer, commercial generator, or special event has violated the requirements identified in Section 8.25.090, after that entity has received a courtesy notice, the City or its designee shall provide to that entity a written warning notice identifying the violation(s), describing what actions may be taken to correct the violation(s), listing the date after which the City or its designee may issue violation notice if the violation(s) have not been corrected, and providing information on assistance for correcting the violation(s) that may be available from the City or its designee. If the warning notice has been issued by a designee, the designee shall provide a copy of the warning notice along with the name, primary contact person, phone number, and address of the entity that was issued the warning notice.
C. Step Three—Issuance of a Violation Notice. If the City or its designee determines that a solid waste customer, commercial generator, or special event has not corrected violation(s) identified in a warning notice by the date specified on the warning notice, the City or its designee shall provide to that entity a written violation notice identifying the violation(s) and describing what actions may be taken to correct the violation(s). If the violation notice has been issued by a designee, the designee shall provide a copy of the warning notice along with the name, primary contact person, phone number, and address of the entity that was issued the violation notice. (Ord. 1418 § 2 (part), 2010)
8.25.170 Penalties.
The City may issue administrative fines for violating this chapter or any rule or regulation adopted pursuant to this chapter, except as otherwise provided in this chapter. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter; provided, however, that the City may adopt regulations providing for lesser penalty amounts for solid waste customers, commercial generators, or special events. No penalty shall be issued to any multifamily generator, unless that entity is also a solid waste customer.
A violation notice shall be issued and served upon the solid waste collector, solid waste customer, commercial generator, or special event for violations of this chapter. No violation notice shall be issued or served upon any multifamily generator, unless that entity is also a solid waste customer. For violations for which a violation notice is served, public nuisance proceedings and/or code enforcement proceedings under the City’s Code shall apply, in addition to the administrative penalties approved by resolution of the City governing body, as modified from time to time. The City has the authority to impose administrative penalties for the violation notice. The amount of the administrative fine shall not be more than one hundred dollars for the first occurrence of the violation(s) identified in a violation notice, two hundred fifty dollars for the second occurrence of the violation(s) identified in a violation notice, and five hundred dollars for the third and subsequent occurrences of the violation(s) identified in a violation notice.
All administrative civil penalties collected from actions brought pursuant to this chapter shall be paid to the City and shall be deposited into a special account (or solid waste account) that is available to fund activities to implement the applicable provisions of this chapter.
The City Attorney may seek injunctive relief or civil penalties in the Superior Court in addition to the above remedies and penalties. (Ord. 1418 § 2 (part), 2010)
8.25.180 Implementation schedule.
The schedule for enforcement of this chapter shall be implemented in accordance with the timeline specified in Table 1:
|
Date |
Entities Affected |
Materials Covered |
|
January 1, 2011 |
Recyclable Materials: All solid waste collectors and solid waste customers that subscribe to two cubic yards or more of garbage collection service per week. |
Recyclable Materials |
|
January 1, 2012 |
Organic Materials: All solid waste collectors and solid waste customers that subscribe to two cubic yards or more of garbage collection service per week and that serve food service establishments and special events. |
Organic Materials |
(Ord. 1418 § 2 (part), 2010)
8.25.190 Other provisions.
A. No Other Powers Affected. This chapter does not do any of the following:
1. Otherwise affect the authority of the City or its designee to take any other action authorized by any other provision of law.
2. Restrict the power of a City Attorney, District Attorney, or the Attorney General to bring in the name of the people of California any criminal proceeding otherwise authorized by law.
3. Prevent the City or designee from cooperating with, or participating in, a proceeding.
4. Affect in any way existing contractual arrangements including franchises, permits, or licenses previously granted or entered into between the solid waste collectors and City.
B. Cumulative Remedies. Any remedy provided under this chapter is cumulative to any other remedy provided in equity or at law. Nothing in this chapter shall be deemed to limit the right of the City or its solid waste operators to bring a civil action; nor shall a conviction for such violation exempt any person from a civil action brought by the City or its solid waste operators. The fees and penalties imposed under this chapter shall constitute a civil debt and liability owing to the City from the persons, firms, or corporations using or chargeable for such services and shall be collectible in the manner provided by law.
C. Liability. Nothing in this chapter shall be deemed to impose any liability upon the City or upon any of its officers or employees including without limitation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). (Ord. 1418 § 2 (part), 2010)
8.25.200 Disclaimer of liability.
The degree of protection required by this chapter is considered to be reasonable for regulatory purposes. The standards set forth in this chapter are minimal standards and do not imply that compliance will ensure safe handling of recyclable materials, organic materials, or garbage. This chapter shall not create liability on the part of the City, or any of its officers or employees, for any damages that result from reliance on this chapter or any administrative decision lawfully made in accordance with this chapter. All persons handling solid waste within the boundaries of the City should be and are advised to conduct their own inquiry as to the handling of such materials. In undertaking the implementation of this chapter, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Ord. 1418 § 2 (part), 2010)
8.25.210 Duties discretionary.
Subject to the limitations of due process and applicable requirements of State or Federal laws, and notwithstanding any other provisions of this chapter, whenever the words “shall” or “must” are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion. (Ord. 1418 § 2 (part), 2010)
8.25.220 Severability.
If any section, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The City hereby declares that it would have passed the ordinance codified in this chapter and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (Ord. 1418 § 2 (part), 2010)