Chapter 8.32
GARBAGE COLLECTION AND DISPOSAL
Sections:
8.32.030 Containers—Requirements.
8.32.040 Containers—Unauthorized removal prohibited.
8.32.050 Noncompactable solid waste prohibited.
8.32.060 Collection vehicle requirements.
8.32.070 Hazardous waste hauling requirements.
8.32.080 Burning or burying prohibitions.
8.32.090 Feeding of garbage to animals.
8.32.110 Authority to collect.
8.32.120 Contracts for collection.
8.32.150 Fees—Billing and collection.
8.32.160 Schedule for collection.
8.32.170 Publication of routes and times for collection.
8.32.010 Definitions.
Whenever the following terms are used in this chapter, they shall have the meanings as defined in this section:
“Bulk household waste” means all discarded household waste matter which is too large to be placed in an approved solid waste container including, but not limited to, vehicle tires and/or wheels, furniture, appliances, discarded carpets, discarded mattresses, discarded electronic equipment, residential wastes (including wood waste, tree branches, scrap wood) and similar large items produced from residential premises.
“Commercial establishments” means groceries, eating establishments, packing and processing plants, as well as all other establishments which are operated for business purposes, and such other establishments as the city council may designate as coming under the classification of commercial establishments.
“Extremely hazardous waste” means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or illness during, or as a proximate result of, any disposal of such waste or mixture of wastes because of its quality, concentration, or chemical characteristics.
“Garbage” means all animal or vegetable waste or residue from kitchen canneries, packinghouses, slaughterhouses, bakeries, restaurants, distilleries, wineries, markets or other food-handling or food-processing places and all household waste or residue resulting from the preparation, handling, care or treatment of food.
“Green waste” means organic waste generated from any landscape, including grass clippings, leaves, prunings, tree trimmings, pine needles, weeds, branches and brush not exceeding three inches in diameter. This also includes, but is not limited to, food preparation scraps, table scraps, food-soiled paper, plants and flowers.
“Hazardous waste” means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to wildlife, during, or as a proximate result of any disposal of such wastes or mixture of wastes. The terms “toxic,” “corrosive,” “flammable,” “irritant” and “strong sensitizer,” are given the same meaning as in the California Hazardous Substances Act in Health and Safety Code Sections 28740 et seq.
“Health officer” means the health officer of the county of Riverside.
“Male” includes female or neuter.
“Noncompactable solid waste” means abandoned vehicles and large parts thereof, large discarded home and industrial appliances, demolition and construction wastes, tree stumps or branches, hot ashes, or other large items which individually weigh in excess of fifty-five (55) pounds or which measure in excess of four feet in length or four cubic feet in size. In addition, “noncompactable solid waste” includes any items which the solid waste supervisor determines may damage collection equipment or be dangerous or hazardous if compacted.
“Permittee” means any person who has been issued a permit to collect or transport refuse under the provisions of this chapter.
“Person” means any individual, firm, corporation, association or municipality.
“Plural” includes the singular.
“Recyclable materials” means newsprint, paper, cardboard or other paper products, glass, aluminum cans, tin cans, plastic containers, and green waste.
“Refuse” means any combination or mixture of garbage and rubbish as defined in this section.
“Refuse collector” means any person who operates service routes for the collection and disposal of refuse from residential, commercial or industrial buildings.
“Refuse transporter” means any person who transports refuse from central collection points to a hog ranch or to a disposal site, but does not operate service routes for the collection of refuse from residential, commercial or industrial buildings.
“Residences” means single-family dwellings and residences for not more than two families occupying separate living quarters therein.
“Rubbish” means all nonputrescible waste matter or debris, including both combustible and noncombustible materials, that result from normal household, community, and business activities, including grass clippings and tree trimmings.
“Solid waste” means all putrescible and nonputrescible solid and semi-solid wastes, including recyclable materials; green waste; bulk construction waste (as defined in Chapter 8.34); garbage; trash; debris; refuse; paper; rubbish; industrial wastes; commercial wastes; abandoned vehicles and parts thereof (including tires and wheel rims); discarded home and industrial appliances; dewatered, treated or chemically fixed sewage sludge which is not hazardous waste; manure, vegetable or animal solid or semi-solid wastes; ash, except for ash residue from the incineration of infectious waste; and other discarded solid and semi-solid wastes not otherwise defined in this chapter.
“Solid waste supervisor” means the city manager or his or her authorized representative. (Ord. 19-13 § 2(A); Ord. 05-08 §§ 2(A), 2(B); Ord. 1064 § 1, 1999; prior code § 13.68.010)
8.32.020 Collection required.
A. Every person in charge of a residence or residences, whether single- or multiple-family, shall make arrangements to have all refuse created, produced, or brought upon the premises removed not less than once per week by the permittee.
B. Every person in charge of a commercial or industrial building, or a space therein or portion thereof, or the site of a building or improvement of any type under construction, shall make arrangements to have all refuse created, produced, or brought upon the premises removed not less than once per week by the permittee. If the solid waste supervisor determines that the rate or capacity of refuse collection service for a particular business, building, site, or commercial customer is inadequate, the solid waste supervisor may require that the frequency and/or capacity of refuse service received by that business, building, site, or commercial customer be increased to a level sufficient to ensure the timely removal of all refuse.
C. Every person in charge of a residence, commercial or industrial building or space therein or portion thereof, or construction site, shall separate, or cause to be separated, all recyclable materials and green waste from each other and from the refuse generated from such premises. All such separated recyclable materials and green waste shall be removed from the premises not less than once per week.
D. Every person in charge of a commercial or industrial building, or a space therein or portion thereof, or multifamily complexes (that consist of five or more units) that generate four cubic yards or more of solid waste per week, regardless of type, must arrange for green waste recycling services through the permittee. The city manager may provide exemptions to specific customers as permitted by Public Resources Code Section 42649.82(e)(3). (Ord. 19-13 § 2(B); Ord. 05-08 § 2(C): Ord. 1064 § 2, 1999; Ord. 1037, 1997; prior code § 13.68.020)
8.32.030 Containers—Requirements.
A. Every person in charge of a residence, commercial or industrial business shall deposit or cause to be deposited all refuse in standard containers or commercial bins as approved by the health officer and the solid waste supervisor.
B. A standard container shall be made of metal or plastic, watertight and covered with a tight-fitting lid, and shall be provided by or approved by the person or firm authorized by the city to collect solid waste.
C. Garbage containers shall be kept in a clean and sanitary condition.
D. Solid waste containers shall be placed as directed by the permittee. Except as otherwise authorized by the city, no container or bin with a capacity greater than ninety (90) gallons may be placed in any public right-of-way. No bin or container shall be filled to the extent that the lid cannot be closed tightly. Swill must be placed in one or more sealed containers by the customer prior to pickup by the permittee. Permanent bins shall be placed on hard surface locations which are accessible to the permittee entirely on the customer’s property.
E. Garbage shall be separately bagged or wrapped before placing in container.
F. No person shall maintain or place for collection any container not in conformance with the standard container described in this section, and no person authorized to collect refuse shall remove contents of containers not in conformance with said standard container.
G. No container shall be placed adjacent to a street or public right-of-way for collection service more than twelve (12) hours prior to the normal collection time and shall be removed from the street or right-of-way location within twelve (12) hours after collection.
H. In all cases of disputes or complaints arising from or concerning the place where the container shall be set out for collection, the solid waste supervisor shall specify the place, and his or her decision shall be final and binding. (Ord. 05-08 § 2(D); prior code § 13.68.030)
8.32.040 Containers—Unauthorized removal prohibited.
A. It is unlawful for any person other than the person in charge of a residence, commercial or industrial business or the person authorized by law to remove any container from the location where the container was placed by the person in charge for storage or collection, without prior written approval of the person in charge.
B. It is unlawful to place refuse in any standard container or commercial bin without prior written approval of the person in charge of the container. (Ord. 07-14 § 1: prior code § 13.68.040)
8.32.045 Collection of discarded solid waste, discarded bulk household waste and noncompactable solid waste—Restricted.
A. No person shall sort through, gather, collect or remove from any approved container, wherever situated, any solid waste, discarded bulk household waste, or noncompactable solid waste, nor shall any person convey the same upon or along any public street within the city, or cause or permit any combination of the above to occur, without prior written approval from the person in charge of such premises. Solid waste, discarded bulk household waste or noncompactable solid waste shall not be removed from any approved container, wherever situated, in violation of Section 8.32.130.
B. Subsection A of this section shall not apply to any of the following persons, firms or corporations:
1. Any person, firm or corporation in the employ of the city who shall be assigned by the council to the work of sorting through, gathering, collecting or removing solid waste, discarded bulk household waste or noncompactable solid waste;
2. Any person, firm or corporation with whom the city has entered into or may hereafter enter into a contract for the sorting through, gathering, collecting or removing of solid waste, discarded bulk household waste or noncompactable solid waste;
3. Any employee of any person, firm or corporation with whom the city has entered into or may hereafter enter into a contract for the sorting through, gathering, collecting or removing of solid waste, discarded bulk household waste or noncompactable solid waste.
C. For purposes of this section, the term “discarded” shall refer to the act whereby an owner of any material pays any fee to another for the services of collection, removal or disposal of such material.
D. No person shall be subject to an action for violation of this section, unless the person knows, or reasonably should know, that the materials would otherwise be collected by persons or entities authorized by the city for the purpose of collection, disposal, hauling or recycling. (Ord. 07-14 § 2)
8.32.050 Noncompactable solid waste prohibited.
No person shall place solid waste that is not in an approved container adjacent to a street or public right-of-way for collection or removal without prior written approval from the solid waste supervisor; provided, that bulk household waste may be so placed during any citywide cleanup events announced by the city and/or the permittee, or if permittee has agreed in advance to make a special pickup of the bulk household waste. (Ord. 05-08 § 2(E): prior code § 13.68.050)
8.32.060 Collection vehicle requirements.
A. Trucks used for the collection or transportation of solid waste shall be leakproof and flyproof and equipped with a close-fitting cover which shall be affixed in a manner that will prevent spilling, dropping or blowing of any solid waste upon the public right-of-way during collection or transportation, or exposure of garbage to insects.
B. All trucks used for collection or transportation of solid waste shall be maintained in a clean and sanitary condition, neatly painted, and shall carry a shovel, broom and fire extinguisher.
C. The person who owns any trucks used for collection or transportation of solid waste shall have his or her name, address, telephone number and truck number printed on each side of all trucks in letters not less than three inches high.
D. All garbage-conveying trucks, tanks, containers and other receptacles shall be cleaned and disinfected both on the inside and outside thereof at least once daily, and at all times shall be kept free from any refuse on the outside thereof. (Prior code § 13.68.060)
8.32.070 Hazardous waste hauling requirements.
Every person who collects or hauls hazardous or extremely hazardous waste shall immediately notify the health officer, in writing, listing the following information:
A. The name, address and telephone number of collector or hauler;
B. The name, address and telephone number of the facilities from which the hazardous or extremely hazardous waste is collected;
C. A description of the type of hazardous or extremely hazardous waste collected, as represented in writing by the administrator of the facility including the amounts collected, measured in cubic feet and the frequency of the collection;
D. The name, address and telephone number of the waste disposal facility that is used for the final disposal of the hazardous or extremely hazardous waste. (Prior code § 13.68.070)
8.32.080 Burning or burying prohibitions.
No person shall burn or bury any hazardous waste, noncompactable solid waste, recyclable materials, or solid waste within the city. (Ord. 05-08 § 2(F): prior code § 13.68.080)
8.32.090 Feeding of garbage to animals.
The provisions of this chapter shall not be construed to prevent the owners or occupants of residences from feeding garbage produced on such premises for immediate consumption by animals or poultry kept on such premises by the owner or occupant; provided, that garbage shall not be allowed to accumulate on such premises or become offensive or detrimental to public health or safety. (Prior code § 13.68.090)
8.32.100 Variances.
Where strict application of the terms and provisions of this chapter would be unfair or inequitable, in the opinion of the city council, and after a written application for relief therefrom is received and filed, the city council may by formal motion prescribe a special ruling thereon. (Prior code § 13.68.100)
8.32.110 Authority to collect.
The city council shall make such provisions for the efficient collection of garbage, waste and rubbish as it may from time to time for the best interests of the city deem necessary and may provide for the collection thereof by private persons or may provide for such collection by employees and equipment owned or controlled by the city. (Prior code § 13.68.110)
8.32.120 Contracts for collection.
The city council may award one or more franchises for the collection of solid waste within the city, and any such franchisee shall be considered a “permittee” for purposes of this chapter. Any such franchise shall set forth service rates and procedures for adjusting rates, provide for a franchise fee to be payable to the city, require the franchisee to maintain insurance, and may include such other provisions as the city council may determine are proper; provided, that such provisions do not conflict with this chapter or applicable law. No provision of any franchise awarded by the city shall be construed as to require any customer to dispose of recyclable materials or prohibit any customer from recycling or redeeming such materials or prohibit any customer from recycling or redeeming such materials at any facility or location equipped to recycle or collect such materials. All franchises which collect solid waste within the city must comply with the terms provided in Chapter 8.33. (Ord. 21-09 § 3; Ord. 05-08 § 2(G): prior code § 13.68.120)
8.32.130 Contractor rights.
If the city awards one or more franchises as provided in Section 8.32.120, the franchisee or franchisees shall have the sole and exclusive right to collect all solid waste found within the city, except as provided in Section 8.32.120. No person shall dispose of any solid waste except through such a franchisee, except as provided in Section 8.32.120, and no person other than a franchisee shall collect any solid waste within the city. (Ord. 05-08 § 2(H): prior code § 13.68.130)
8.32.140 Fees—Establishment.
For the privilege of having garbage and rubbish collected as provided in this chapter, there shall be assessed and charged such fees and charges as shall from time to time be established by resolution of the city council. (Prior code § 13.68.140)
8.32.150 Fees—Billing and collection.
A. Fees and charges for the collection, recycling and/or disposal of solid waste shall be placed upon the water bills assessed against the premises concerned and shall be paid therewith, or, in the event that such method is impracticable, the city council may prescribe any other method that it may deem proper and expedient.
B. Joint and Several Liability. The property owner of any premises receiving solid waste collection, recycling and/or disposal service pursuant to this chapter and the account holder for such premises (if a tenant or otherwise different from the property owner) are jointly and severally liable for all fees and charges for such service provided to the premises.
C. Delinquencies—Single-Family and Multifamily Residential Premises. An account holder for a single family or multifamily premises who has not remitted required payment for solid waste collection, recycling and/or disposal service within one hundred twenty (120) calendar days after the date of billing shall be notified by the city or the city’s franchisee servicing the premises on forms that contain a statement that if payment is not received within fifteen (15) calendar days from the date of the notice, a ten percent (10%) penalty and one and one-half percent (1.5%) monthly interest will begin to accrue. If a franchisee of the city is providing the statement, it shall inform the city of the delinquency in an annual report. The franchisee will deliver a report of all delinquencies not later than June of each year with a request that the city place the delinquencies on the property tax roll.
Pursuant to Sections 38790.1 and 25831 of the Government Code, the city may collect delinquent fees or charges for solid waste collection, recycling and/or disposal services on the property tax roll for the premises. If the city decides to do so, it shall adhere to the following procedures:
1. The city will fix a time, date and place for a public hearing to consider the annual report of delinquencies. The city, or its franchisee, shall mail notice of the hearing to the property owner of every premises listed on the annual report not less than ten (10) calendar days prior to the date of the public hearing. At the public hearing, the city council shall hear any objections or protests of property owners liable to be assessed for delinquent fees or charges. The city council may make revisions or corrections to the annual report as it deems just, after which, by council resolution, the annual report may be confirmed.
2. The delinquent fees and charges set forth in the confirmed annual report shall constitute special assessments against the premises listed in the annual report and are a lien on the premises for the amount of the delinquent fees and charges. A certified copy of the confirmed annual report shall be filed with the Riverside County auditor for the amounts of the respective assessments against the respective premises as they appear on the current assessment roll. The lien created attaches upon recordation of a certified copy of the resolution of confirmation in the office of the Riverside County recorder. The assessment may be collected at the same time and in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes.
3. If city is using a franchisee to provide solid waste collection, recycling and/or disposal services, city shall remit to its franchisee any amounts collected pursuant to this process within thirty (30) calendar days of receipt from the Riverside County assessor. The franchisee shall notify city in the event any delinquency on the confirmed annual report for which a lien has been created is paid or otherwise resolved.
D. Delinquencies—Nonresidential Premises. The city, or its franchisee, may discontinue solid waste collection, recycling and/or disposal service to a commercial establishment, industrial operation, or any other nonresidential premises, if the account holder of said premises has not remitted required payment of applicable fees and charges within sixty (60) calendar days after the date of billing. If the city, or its franchisee, terminates service to any nonpaying premises, the city, or its franchisee, may require as a condition precedent to reestablishment of such service, that the property owner of the premises and the account holder must comply fully with all of the billing policies and practices of the city, or its franchisee; including, but not limited to, requirement of payment by cash or cash equivalent, prepayment of one full billing cycle, a security deposit, payment of all costs of collection of monies owed to the city, or its franchisee, and payment of a reinstatement fee. Delinquent accounts for commercial establishments, industrial operations, or any other nonresidential premises shall be charged a one and one-half percent (1.5%) monthly late fee on the delinquent balance. If the city is using a franchisee, and the franchisee discontinues service for nonpayment, the franchisee shall, upon city request, give written notice to the city manager of any discontinuance of service for nonpayment, giving the name and address of the account holders. (Ord. 14-08 § 2: prior code § 13.68.150)
8.32.160 Schedule for collection.
Solid waste, green waste, and recyclable materials shall be collected from residences, commercial establishments, and construction sites not less than once during each calendar week, except as otherwise authorized by the city council. (Ord. 05-08 § 2(I): Ord. 1064 § 3, 1999: prior code § 13.68.160)
8.32.170 Publication of routes and times for collection.
The city council and/or any franchisee or permittee shall establish and cause to be publicized the routes, days and approximate hours for the collection of solid waste, green waste, and recyclable materials, and may change this information from time to time. Any changes shall be publicized in the same manner as the original establishment of collection routes, days, and approximate hours was publicized. (Ord. 05-08 § 2(J): prior code § 13.68.170)
8.32.180 Violation—Penalty.
Any person violating any of the provisions of this chapter shall, unless otherwise specifically provided in the code or by statute, be guilty of a misdemeanor; provided, that where the city attorney or other prosecutor determines that such action would be in the interests of justice, the city attorney or other prosecutor may prosecute any such offense as an infraction. In the event a notice to appear is prepared as a misdemeanor, the city attorney or other prosecutor may nonetheless prosecute any such offense as an infraction. The penalties for such violations shall be as forth in this code. (Ord. 05-08 § 2(K): prior code § 13.68.180)