Chapter 4.150 SOLID WASTE, RECYCLING, AND ORGANIC MATERIALS

For state law authorizing city to enter into solid waste disposal contracts, see H. and S.C. § 4250. As to solid waste generally, see H. and S.C. §§ 4100 to 4520. As to depositing, throwing, etc., handbills on public property, see SLTCC 6.05.030. As to depositing or placing handbills in vehicles, see SLTCC 6.05.040. As to distributing, throwing, etc., handbills on private property, see SLTCC 6.05.050. As to restrictions on outdoor fires, see SLTCC 5.05.010. As to abandoned, wrecked, dismantled or inoperative vehicles, see SLTCC 4.45.010 to 4.45.160.

Article I. In General

4.150.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, except where the context clearly indicates a different meaning, as follows:

“Bear box” means a metal container used at a residential property which is intended to store discarded materials until collection day, and which includes a locking mechanism to prevent bear access.

“Bin” means a container with a hinged and tight-fitting lid and wheels designed to be mechanically serviced by a commercial collection vehicle, and that is designed to hold from one to six cubic yards of material with the lid properly closed.

“Bulky items” means large items of solid waste such as appliances, furniture, auto parts, trees and other oversize waste.

“Cardboard” means a thin, stiff, pasteboard made of paper pulp, used for making cartons and signs.

“Carpet” means a thick, heavy covering for a floor, usually made of wool, or synthetic fiber.

“Cart” means a plastic container with a hinged and tight-fitting lid and wheels that is serviced by an automated or semi-automated collection vehicle, is provided by the city’s franchisee, and which has a capacity of at least 20 and not more than 95 gallons, and is used for collection of solid waste, recyclable materials, or organic materials from commercial or residential premises.

“Collection” means the complete operation of gathering together and transporting to the point of disposal or processing any solid waste, recyclable, bulky item, or organic waste materials.

“Collection fees” means the fees established as provided by law for the collection, disposal, and processing of discarded materials.

“Commercial container” means a container supplied by the franchisee to any person subscribing or receiving solid waste service and constructed of metal, plastic or other suitable material in such a fashion as to be watertight.

“Commercial premises” means that portion of any building or other premises which is not a residence, residential unit or housekeeping unit.

“Compactor” means any container which has a compaction mechanism, whether stationary or mobile.

“Construction and demolition debris (C&D)” means materials generated by or resulting from construction or demolition-related activities, including building, construction, deconstruction, demolition, excavation, grading, improvement, land clearing, reconstruction, remodeling, and renovation, such as discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair, or demolition operations on pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste.

“Construction and demolition debris” includes rocks, soils, tree remains, and other yard trimmings which result from land clearing or land development operations in preparation for construction.

“Container” means a city-approved receptacle for collection of solid waste, recyclable materials, or organic materials and includes bins, carts, compactors, open-top roll-off boxes, customer owned containers, and drop boxes.

“Curbside” means as near, but in no event more than five feet from, the property line that abuts a paved public street or in the event the property does not abut a paved public street, where the property abuts a public street, alley, right-of-way or easement and in the case of a commercial location in the service alley of a commercial or institutional entity.

“Customer owned container” means a 20- to 32-gallon plastic can owned by the owner or occupant and used for the collection of additional recyclable materials or organic materials or for collection of solid waste in a bear box.

“Discarded materials” means recyclable materials, organic materials, and solid waste placed by a customer in a container for the purposes of collection.

“Disposal” means the complete operation of disposing of solid waste.

“Drop box” means a container with a capacity of 10 to 40 cubic yards that is serviced by a roll-off collection vehicle.

“Edible food” means food intended for human consumption.

“Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that the city or franchisee reasonably believes would as a result of or upon disposal be a violation of local, state, or federal law, regulation, or ordinance, including land use restrictions or conditions, waste that cannot be disposed of in class III landfills, waste that in the city’s or franchisee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city or franchisee to potential liability; but not including de minimis volumes or concentrations of waste of a type normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41082 of the California Public Resources Code, as may be amended from time to time. Excluded waste does not include used motor oil and filters, or household batteries when properly placed for collection.

“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for human consumption either directly or through other entities, including food banks, nonprofit charitable organizations, and nonprofit charitable temporary food facilities, as defined in Section 18982(a) of Title 14 of the California Code of Regulations, as may be amended from time to time.

“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for human consumption, as defined in Section 18982(a) of Title 14 of the California Code of Regulations, as may be amended from time to time.

“Food waste” means food scraps, including fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.

“Franchisee” means any person that has entered into a franchise agreement with the city to collect, remove, transport, process or dispose of solid waste or recyclables or compostables, or to operate any solid waste facility.

“Household hazardous waste (HHW)” means any substance or mixture that, if improperly handled, may be damaging to human health and well-being or a threat to the environment. HHW includes but is not limited to flammables, combustibles, poisons, toxics, oxidizers, corrosives, compressed gas, oil, antifreeze, explosives and radioactive materials as well as any other hazardous waste as defined in California Health and Safety Code Section 25117 and the Hazardous Waste Management Reform Act of 1995.

“Litter” is any quantity of improperly discarded solid waste, including but not limited to discarded furniture and appliances, overflowing residential and commercial trash cans, pieces of lumber and scrap metal left at a construction site, uncontainerized paper such as fast food packages, candy wrappers, cigarette butts, and/or plastic, glass, trash, debris, rubbish, refuse, garbage or junk parts and scrap materials.

“Littering” is the improper discarding, dropping or scattering of small quantities of waste matter ordinarily carried on or about the person, including but not limited to beverage containers and enclosures, packaging, wrappers, wastepaper, newspapers and magazines, in any place other than a place or container maintained for the lawful disposal thereof, including waste matter which escapes or is allowed to escape from a vehicle, container, receptacle or package.

“Medical waste” means that waste which is generated or produced, as a result of the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production of testing of biological products, including but not limited to the accumulation of property containing home-generated sharps waste.

“Multiresidential” means two or more residential units located in a single building or a unified group of buildings, and shall include, but not be limited to, two or more units located in a planned unit development, an apartment complex or a mobile home park.

“Nuisance” means the existence or accumulation, without the authority of the city of South Lake Tahoe, of litter, trash, manure, rubbish, scrap materials, junk parts, garbage, or refuse of any kind upon private or public property; provided, however, that said refuse is visible to the occupants of an adjacent or nearby parcel or real property, or to the users of any right-of-way.

“Organic waste” means waste containing material originating from living organisms and their metabolic waste products, including food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, as defined in Section 18982(a)(46) of Title 14 of the California Code of Regulations, as may be amended from time to time.

“Owner” shall conclusively be deemed to be the person to whom the taxes on the property assessed as shown on the last equalized assessment roll of the county or, alternatively, from such other records of the county assessor or tax collector as contain more recent information.

“Recyclables” or “recyclable material” means materials which are reused or processed or are in the future reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the California Integrated Waste Management Act. The term “recyclable material” includes paper newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HDPE, and other plastics, beverage containers, transformable and compostable materials, used motor oil, automotive batteries, antifreeze, latex paint, brick and stone in reusable size and condition, and such other material designated by the city council, or designated as recyclables by the California Integrated Waste Management Board, or other agency with jurisdiction.

“Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

“Repeat offender” means a second offense violation of this chapter occurring within one year at the same site.

“Residential unit” means a room or combination of rooms in a single building designed for human living, sleeping, eating and sanitary uses by a single family and their servants and nonpaying guests, and having cooking facilities. There may be more than one residential use in a single building. A mother-in-law unit is considered an additional residential unit.

“Rubbish” means all nonputrescible waste matter, whether combustible or noncombustible, except hazardous waste and medical waste.

“Sharps waste” means any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needles, hypodermic needles with syringes, blades, needles with attached tubing, syringes contaminated with biohazard waste, acupuncture needles, and root canal files. Broken glass items, such as Pasteur pipettes and blood vials contaminated with biohazard waste or any item capable of cutting or piercing that is contaminated with trauma scene waste.

“Single-family unit” means a dwelling which receives individual solid waste and/or curbside recycling service.

“Solid waste” means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191 and implementing regulations. Excluded from the definition of solid waste are excluded waste, C&D, source-separated recyclable materials, edible food if it is recovered and not discarded, source-separated organic materials, and radioactive waste.

Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid waste includes salvageable materials only when such materials are included for collection in a solid waste collection container not source-separated from solid waste at the site of generation.

“Source-separated recyclables” means nonputrescible material, including paper, books, magazines, cardboard, box board, plastic, metal, glass, and other similar materials authorized by the city for collection by the franchisee that is separated by the generator from other waste material for the purpose of reuse or recycling, by placing the recyclables in separate containers, or by binding them separately; the recyclable material is returned to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

“Special wastes” means any designated wastes, as defined in 23 California Code of Regulations, Section 2522, and special handling waste generated by industrial facilities or processes, but shall not include “hazardous waste” as defined herein. “Special wastes” shall include asbestos, sewage sludge, water treatment sludge, drilling mud, grease waste, contaminated soils, shredder waste, agricultural waste, filter cake/dewatered sludge, spent catalyst fines, refinery ash and byproducts; except where any such wastes are deemed to be hazardous waste.

“Tier one commercial edible food generator” means a supermarket with gross annual sales of $2,000,000 or more, grocery store with a total facility size equal to or greater than 10,000 square feet, food service provider, food distributor, or wholesale food vendor, as defined in Section 18982(a) of Title 14 of the California Code of Regulations, as may be amended from time to time.

“Tier two commercial edible food generator” means a restaurant with 250 or more seats or a total facility size equal to or greater than 5,000 square feet, hotel with an on-site food facility and 200 or more rooms, health facility with an on-site food facility and 100 or more beds, large venue, large event, state agency with a cafeteria with 250 or more seats or total facility size equal to or greater than 5,000 square feet, and local education agency with an on-site food facility, as defined in Section 18982(a) of Title 14 of the California Code of Regulations, as may be amended from time to time.

“Transfer station” means those facilities, franchised by the city of South Lake Tahoe pursuant to this chapter, utilized to receive solid waste or recyclable material, temporarily store, separate, convert, or otherwise process the materials in solid wastes or to transfer the solid wastes directly from smaller to larger vehicles for transport.

“Yard trimmings” means a type of organic waste including green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic waste resulting from normal yard and landscaping maintenance. (Ord. 409 § 1; Ord. 536 § 1; Ord. 921 § 1; Ord. 1157 § 1; Ord. 1187 § 1. Code 1997 § 23-1)

4.150.020 Purpose and intent of chapter.

The city council, after several public discussions and hearings, makes the following findings of fact, thereby declaring its purpose:

A. A substantial portion of the homes, apartments and other residential units within the city are owned by nonresidents.

B. A substantial portion of the residential units are occupied for short periods by persons on vacations.

C. The owners or occupiers of many residential units have not made arrangements for the collection of discarded materials.

D. Discarded material from such residential units either:

1. Accumulates at such premises;

2. Is deposited in the streets or upon private or public property within the city; or

3. Is disposed of by depositing it in containers of other persons within the city. Any of such methods of disposal creates and constitutes a nuisance.

E. Many residents of the city who do not arrange for collection of discarded materials often allow discarded materials to accumulate for long periods of time and thereby create a nuisance.

F. The public health, safety and welfare of the citizens of and visitors to the city require that the accumulation, collection, removal and disposal of discarded materials from residential units within the city must be handled in a manner for the greatest good and least possible inconvenience, cost and maintenance to the city and the citizens thereof.

G. The periodic collection, removal and disposal of discarded materials from all residential units within the city benefits all owners, occupants or persons in possession, charge or control of all such units where such accumulates and requires removal therefrom on a regular periodic basis and that all such owners, occupants or persons in possession, charge or control of all such units within the city should be made liable for the payment of the fees for such collection, removal and disposal irrespective of the actual use of the discarded materials collection services provided by the city.

H. Multiresidential units and commercial businesses within the city, including motels and hotels, need to provide adequate removal of discarded materials so as to fully comply with health codes and other governmental regulations. (Ord. 409 § 1; Ord. 791 § 2; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-2)

4.150.025 Appeals.

An appeal from any determination made pursuant to the provisions of this chapter may be appealed pursuant to Chapter 2.35 SLTCC. (Ord. 1105 § 1 (Exh. B); Ord. 1187 § 1)

Article II. Collection and Disposal Services

4.150.030 Provision for and supervision by city.

The city shall provide for the collection and disposal or processing of discarded materials from all premises required to be served within the city. Such provision may be made either by letting a contract for such collection and removal or otherwise. The city or, if collection and removal services are contracted for, the franchisee, shall have charge and supervision of such collection and removal and shall prescribe and establish routes and days for collection of discarded materials from the various parts of the city so as to conform to the provisions of this chapter and may change the same from time to time. When such routes or days of collection are established or changed, not less than 10 days prior to the effect of such change, notice thereof shall be given to all parties concerned. (Ord. 409 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-3)

4.150.040 Persons authorized to collect, dispose of, and process discarded materials.

The city and its duly authorized agents, servants and employees or any franchisee with whom the city may at any time enter into a contract therefor, and the agents, servants and employees of franchisee, while any such contract shall be in force, shall have the exclusive right and obligation to collect and dispose of or process discarded materials from all premises in the city.

This chapter shall not prohibit anyone licensed to do business in the city of South Lake Tahoe, during the course of performing the contracted duties, from collecting and disposing of C&D from a job upon which they are working in compliance with all applicable laws, ordinances and regulations then in effect. Individuals may not enter into a contract with anyone other than the city’s duly authorized agents for the collection, disposal, and/or processing of discarded materials from premises within the city. This does not preclude individuals or businesses from legally disposing of discarded materials from their own properties or properties which they manage pursuant to contract. (Ord. 409 § 1; Ord. 791 § 2; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-4)

Article III. Collection and Disposal Requirements and Standards

Division 1. Generally

4.150.080 Vehicles used to transport discarded materials.

A. Every vehicle used for the collection, removal or transportation of discarded materials and C&D shall be so designed and equipped as to prevent the escape or loss of any refuse, rubbish and debris while being transported. Whenever discarded materials or C&D is transported in an unenclosed vehicle, the container shall be so designed and equipped as to prevent the escape or loss of any such discarded materials or C&D while being so transported. Loads of tree trimmings, bushes or shrubs may be transported in open-bodied vehicles provided the material be securely tied in place to prevent scattering along the streets and alleys. Tree limbs shall be confined within the limits of the vehicle bed and shall not extend over the sides or extend beyond the tailgate of the vehicle.

B. It shall be unlawful for any person authorized to collect discarded materials or C&D to maintain any collecting vehicle in an unclean, filthy or leaky condition or to keep such vehicle standing in any street or alley of the city longer than necessary for the actual work of collection or to conduct collection or removal in any but a sanitary manner and by sanitary methods. (Ord. 409 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-9)

4.150.090 Collection and disposal – Duty of owner or occupant.

Each person owning improved premises in the city and each person occupying or having charge or control of improved premises in the city shall, in accordance with the terms of this chapter and all applicable state and federal regulations, make available for collection and disposal, or if a nonresidential commercial business provide legal access to collection and disposal, of all discarded material which has accumulated on such premises, on the appointed day and at the appointed time, except where weather conditions prevent such collection and disposal. (Ord. 409 § 1; Ord. 791 § 2; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-10)

4.150.100 Collection and disposal – Contract for service.

For services outside the provisions of this chapter, individuals or businesses may contract with the city or the city’s franchisee; provided, such services shall be offered and accepted according to the rate schedule applicable thereto. (Ord. 409 § 1; Ord. 791 § 2; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-11)

4.150.110 Residential containers.

Each person owning a residential unit up to and including a fourplex, and each person occupying or having charge or control of such premises, shall have the obligation to contract for collection service for each and every unit of property and provide for collection and disposal of all discarded materials originating upon such premises in three carts for each residential unit to include one cart each for solid waste, source-separated recyclables, and yard trimmings. Owners or occupants may request an additional cart for solid waste for an additional charge. Residential units may share carts for recyclables and yard trimmings so long as both residential units have solid waste carts. Residential units that have bear boxes existing as of August 22, 2023, may elect to continue to use a customer owned container to be serviced from the bear box instead of a cart for solid waste.

Each owner shall place and/or direct its tenants to place source-separated recyclable materials in the applicable container, place yard trimmings in the applicable container, and place solid waste in the applicable container, and shall not place prohibited container contaminants in containers and not place materials designated for the yard trimmings or recyclable materials containers in the solid waste containers.

Bulky items shall be collected at additional charge to the customer. Bulky items must remain out of sight from the general public view, and shall only be placed at curbside on the arranged day of collection at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for collection, and shall be removed from public view by 6:00 p.m. on the day designated for collection, unless containers are housed in approved shelters. In the event a bulky item is placed in view of the general public without scheduled collection, the city manager or the county health officer shall order the franchisee to collect said item at the property owner’s expense.

Customers may exercise the option to deliver such bulky items directly to the transfer station at transfer station rates, or otherwise properly dispose of such bulky items. (Ord. 523 § 5; Ord. 791 § 2; Ord. 921 § 1; Ord. 1157 § 3; Ord. 1187 § 1. Code 1997 § 23-12)

4.150.120 Multiresidential containers.

Each person owning, or having charge or control of, a multiresidential property of five units or greater shall place for collection and disposal all discarded materials originating on such premises in a suitable container or containers, and may elect to be serviced either with residential containers as described in SLTCC 4.150.110 or commercial containers as described in SLTCC 4.150.130.

Bulky items shall be collected at an additional charge to the customer. Bulky items must remain out of sight from the general public view, and shall only be placed at curbside at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for collection, and shall be removed from public view by 6:00 p.m. on the day designated for collection, unless containers are housed in approved shelters on the arranged day of collection. In the event a bulky item is placed in view of the general public without scheduled collection, the city manager or the county health officer shall order the franchisee to collect said item at the property owner’s expense. Customers may exercise the option to deliver such bulky items directly to the transfer station at transfer station rates, or otherwise properly dispose of such bulky items. (Ord. 791 § 2; Ord. 801 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-12.1)

4.150.130 Commercial containers.

Each person owning, or having charge or control of, a commercial premises shall place for collection and disposal all discarded materials originating on such premises in a suitable container or containers consisting of either carts for solid waste and recyclables and a bin for organic waste, or one or more compactors sufficient to accommodate the type and amount of discarded materials generated at such commercial establishment. Lids must remain closed at all times, except when discarded materials are being added or removed from the container. Size of container and frequency of collection shall be determined by the type and amount of discarded materials generated, so that collection occurs as often as good sanitary practice and applicable state and federal law require.

Frequency of collection shall be at least once per week for commercial establishments generating food waste. Collection for commercial establishments not generating food waste shall be either regularly scheduled or on an as-needed basis, unless as-needed collection is determined by the city manager or the county health officer to constitute a health hazard. Contents of the container shall not extend above the rim of the container.

Bulky items shall be collected at an additional charge to the customer. Bulky items must remain out of sight from the general public view, and shall only be placed at curbside at the property line adjacent to public street no earlier than 6:00 p.m. of the day prior to the day designated for collection, and shall be removed from public view by 6:00 p.m. on the day designated for collection, unless containers are housed in approved shelters on the arranged day of collection. In the event a bulky item is placed in view of the general public without scheduled collection, the city manager or the county health officer shall order the franchisee to collect said item at the property owner’s expense.

Customers may exercise the option to deliver bulky items directly to the transfer station for transfer station rates, or properly dispose of such bulky items. (Ord. 791 § 2; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-12.2)

4.150.140 Determination of sufficient container size/collection frequency.

In the event a multiresidential or commercial property is determined to constitute a nuisance because of blowing debris originating from the container, or the container is determined to be insufficient to contain discarded materials generated, or is determined to be a hazard to the public health or is otherwise in violation of health codes, the city manager or the county health officer may order a change in the size of container, and/or increase the frequency of collection, as well as any other alternatives set forth in SLTCC 4.150.150(A) through (I), at the expense of the person owning or having charge or control of said property. (Ord. 791 § 2; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-12.3)

4.150.150 Mandatory collection for repeat offenders (commercial and residential).

No person owning or possessing any multiresidential dwelling or owning or possessing any single-family dwelling, or industrial, commercial or business premises or structure, shall allow or permit any excess discarded materials, rubbish, or waste to collect and accumulate upon or in the premises or structure in a manner that creates a nuisance.

During intervals between collection or disposal, the storage, accumulation, collection, keeping, handling or maintaining of discarded materials on premises where produced shall be performed in such a manner as to prevent the harboring and breeding of rodents, insects and other vermin and to take adequate precautions to prevent ready access to the waste by animals; as to prevent objectionable odors in the ambient air; as not to constitute a fire hazard; and as not to result in such unsightliness as to result in the depreciation of value of adjacent property or the comfortable enjoyment of life thereon.

If the city manager finds and determines that during the intervals between collection or disposal, accumulation of discarded materials results in a nuisance and thus is contrary to the public health and welfare of the city, and/or the property owner has failed to adequately provide for appropriate collection and/or storage pursuant to this chapter, mandatory commercial or increased residential collection service shall be imposed for minimum of one year. Further, the city manager may impose one or more of the following corrective enforcement actions for a minimum of one year:

A. Increasing the size of the container;

B. Increasing the frequency of collection service;

C. Ordering the removal of trailers, pickup trucks, dump trucks and storage containers under the nuisance abatement procedure pursuant to Chapter 4.40 SLTCC;

D. Mandating safety-approved dumpsters with tight-fitting lids;

E. Mandating dumpster “skirting” for containers;

F. Mandating relocation of dumpster;

G. Mandating “controlled access” lids to prevent animal disturbances;

H. Mandating bear-proof containers for repeat violators of single-family residences and multiresidential properties not using safety-approved dumpsters; and/or

I. Any other enforcement action deemed reasonable and appropriate by the city manager. (Ord. 921 § 1; Ord. 997 § 1; Ord. 1157 § 4; Ord. 1187 § 1. Code 1997 § 23-12.4)

4.150.160 Mandatory multiplier for repeat offenders.

The collection of discarded materials from all hotels, hotel/resorts, motels, motels converted to residential units, inns, time-share condominiums and motor inns may be based upon a motel multiplier of 0.10 cubic yards, per motel unit, per week to determine a minimum level of collection service.

The collection of discarded materials from all multiresidential units may be based upon a multiresidential multiplier of 0.40 cubic yards, per residential unit, per week to determine a minimum level of collection service.

Nothing in this section is intended to prevent any arrangement, or the continuance of an existing arrangement, under which payments to the franchisee for collection service are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the owner’s obligation as provided herein. (Ord. 921 § 1; Ord. 1157 § 5; Ord. 1187 § 1. Code 1997 § 23-12.5)

4.150.170 Frequency of disposal.

Collection of solid waste shall be made at least once a week from single-family residences and multiresidential units, or as many times per week as the city manager may order.

No more than one week’s accumulation of solid waste or food waste shall be kept or permitted to remain upon any commercial premises in the city.

At the minimum, there shall be at least one collection per week from restaurants, cafes, diners, hamburger stands, coffee shops, coffee houses, fast food places, grocery stores, vegetable, meat, poultry or fish markets, or fresh drink stands, and any other commercial establishment generating food waste. (Ord. 921 § 1; Ord. 1157 § 6; Ord. 1187 § 1. Code 1997 § 23-12.6)

4.150.180 Storage.

No person shall store discarded materials in trucks, trailers, vans, delivery wagons, pickup trucks, truck trailers or dump trucks, or any other unapproved storage containers for more than 48 hours. (Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-12.7)

4.150.190 Bulky items.

All bulky items (nonhazardous) left at curbside will be picked up by the franchisee during regularly scheduled route days and the account holder will be billed accordingly. (Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-12.8)

4.150.200 Exception – Vacant establishments.

The owner or person in possession, charge or control of any commercial establishment shall not be required to subscribe to services provided by a franchisee during such periods as the establishment is vacant and not generating or accumulating discarded materials. Nor shall commercial establishments in residential units with a business license be subject to additional mandatory commercial collection. (Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-12.9)

4.150.210 Placement of residential containers for collection purposes.

Suitable containers for residential service, up to and including a fourplex, shall be placed in such a manner as not to be readily visible from public streets; provided, that during the time fixed for collection from the premises, containers shall be placed for collection as follows:

A. Carts and customer owned containers shall be placed at the property line adjacent to a public street no earlier than 6:00 a.m. on the day designated for collection, and shall be removed from public view by 6:00 p.m. on the day designated for collection, except for approved customer owned containers which may remain in a bear box for solid waste collection. During snow removal conditions, franchisee is only required to service bear boxes where a direct path of access at least 36 inches wide has been cleared of snow from the public street to the bear box.

B. During snow removal conditions, franchisee shall return containers to a location 10 feet outside of the right-of-way to avoid interference with or damage from city snow removal operations, so long as a path of access at least 36 inches wide has been cleared of snow from the public street to a point 10 feet outside of the right-of-way.

C. During snow removal conditions, customers shall provide a clear path for the return of containers to a point 10 feet outside of the right-of-way.

D. Shelter or housing for containers shall not be constructed or installed until approved by the city planning division. (Ord. 744 § 1; Ord. 791 § 2; Ord. 921 § 1; Ord. 1162 § 1; Ord. 1187 § 1. Code 1997 § 23-14)

4.150.220 Placement of commercial containers for collection purposes.

Suitable containers for commercial service, other than safety-approved dumpsters, shall be placed in such a manner as not to be readily visible from public streets; provided, that during the time fixed for collection from the premises, containers are placed for collection in such a manner as previously approved by franchisee.

Commercial containers shall be placed at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for collection, and shall be removed from public view by 6:00 p.m. on the day designated for collection, unless containers are housed in approved shelters. Franchisee personnel shall be responsible for the return of containers to the front property line. During snow removal conditions, customer shall provide and maintain a clear path for the retrieval and return of containers to a point 10 feet outside of the right-of-way. Shelter or housing for commercial dumpsters shall not be constructed or installed until approved by the city planning division.

Containers which have become so damaged as to be no longer suitable for use, which no longer have tight-fitting lids, and are so designated by franchisee, the city manager, or the county health officer shall be replaced by the resident and/or business owner with a suitable container. (Ord. 744 § 1; Ord. 791 § 2; Ord. 921 § 1; Ord. 997 § 1; Ord. 1187 § 1. Code 1997 § 23-14.1)

4.150.230 Placement of multiresidential containers for collection purposes.

Multiresidential premises of five units or greater shall comply with either SLTCC 4.150.210 or 4.150.220, depending on whether the owner has elected to use residential containers or commercial containers. (Ord. 997 § 1; Ord. 1187 § 1. Code 1997 § 23-14.2)

4.150.240 Removal of containers from public view.

All residential, including multiresidential, and commercial containers, other than safety-approved dumpsters, shall be removed from public view not later than 6:00 p.m. on the appointed day of collection; provided, however, that containers within shelters or housing approved in accordance with SLTCC 4.150.210(D) shall be within such shelters or housing not later than 6:00 p.m. on the appointed day of collection. (Ord. 409 § 1; Ord. 536 § 5; Ord. 791 § 2; Ord. 921 § 1; Ord. 997 § 1; Ord. 1187 § 1. Code 1997 § 23-15)

4.150.250 Owner’s responsibility for other refuse.

The collection and disposal of any refuse which is excepted from collection and disposal by franchisee shall be the sole responsibility of the owner upon whose property such refuse originates. The owner will not leave such refuse at the front property line or in such a manner as to be readily visible from the public street. (Ord. 523 § 3; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-16)

4.150.260 Standards and responsibilities regarding dumpsters.

A. Standards. The American National Standard Safety Requirements for the Stability of Refuse Bins (hereinafter known as “standards”) is hereby adopted and incorporated in the South Lake Tahoe city code by reference. A full and complete copy of the requirements is on file in the South Lake Tahoe city clerk’s office and in the business office of South Tahoe Refuse Company located at 2140 Ruth Avenue, South Lake Tahoe, CA.

B. Responsibilities. The following responsibilities shall apply:

1. Manufacturer Responsibility. It shall be the responsibility of the manufacturer of refuse bins to design and construct newly manufactured refuse bins in conformance with Sections 3 and 5 of the standards.

Newly manufactured refuse bins shall have a permanent identification of the name of the manufacturer and either the date of manufacture or a code traceable to the date of manufacture.

A statement attesting to compliance with this standard shall also be provided on the permanent identification.

The manufacturer of refuse bins shall inform purchasers of the refuse bins of the applicable requirements of this standard.

2. Retrofitter Responsibility. It shall be the responsibility of persons who retrofit or modify refuse bins to modify or reconstruct in-service bins in conformance with Sections 3 and 5 of the standards.

3. Owner Responsibility. It shall be the responsibility of the owner of refuse bins to ensure that refuse bins are modified or retrofitted to meet the requirements of the standards.

It shall be the responsibility of the owner of refuse bins to ensure that only refuse bins that are in conformance with Sections 3 and 5 of the standards are used.

The owner of refuse bins shall inform the customer of necessary safety precautions and requirements associated with the use of the bins including, but not limited to, the requirements specified in subsections (B)(3)(a) through (d) of this section:

a. Refuse bins shall be placed on a hard, level, weather-resistant surface.

b. Refuse bins shall be loaded uniformly, with no refuse extending beyond the internal volume of the bin.

c. All safety features for stability shall be used, such as fasteners (where required) to secure the refuse bin to a stationary object.

d. The customer shall inform the owner of the refuse bins of any damage, defect or malfunction of the refuse bin.

The owners shall train their employees in the use, handling and placement of refuse bins so as to be in conformance with the requirements of these standards.

4. Franchisee Responsibility. The franchisee shall train its employees in the use, handling and placement of refuse bins so as to be in conformance with the requirements of these standards. The franchisee shall inform the owner of the refuse bins of any damage, defect or malfunction of the refuse bins.

5. Franchisee Employee Responsibility. The employee of the franchisee shall return the refuse bins to their original location after unloading. If the location of the refuse bins is not a hard, level, weather-resistant surface, the employee of the franchisee shall notify the customer and the owner.

6. Customer Responsibility. The customer shall be responsible for ensuring that a hard, level, weather-resistant surface is provided for the placement of refuse bins.

The customer shall ensure that refuse bins used are placed on the customer’s premises in conformance with the applicable requirements of the standards. (Ord. 733 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-16.1)

Division 2. Residential Units and Commercial Establishments

4.150.270 Required use of authorized collection.

Each person owning one or more improved residential units or commercial premises in the city, and each person occupying or having charge or control of improved residential or commercial premises in the city, shall make available for collection, not less than once each week on the appointed day and at the appointed time, all discarded material which has accumulated on such premises. Each person who is an owner, occupant or person in possession, charge or control of a parcel of property upon which there exists a residential unit or commercial enterprise shall subscribe to and use, and shall dispose of all discarded material through, the regular collection and disposal service of the city or its authorized franchisee. (Ord. 409 § 1; Ord. 431 § 1; Ord. 536 § 7; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-17)

4.150.280 Access to receptacles for collection purposes.

Each person required by the provisions of this chapter to accept mandatory collection and disposal services shall provide reasonable access to containers on the appointed day of collection. Periods of inclement weather shall not excuse any such person from affording such reasonable access to containers. (Ord. 536 § 8; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-17.1)

4.150.300 Liability for payment of fees.

Each owner, occupant or person in possession, charge or control of a parcel of property upon which there exists a residential unit or commercial enterprise within the city is hereby made liable for the payment of the collection fees levied against such premises for required collection services, irrespective of the actual use of the collection services provided by the city or its authorized franchisee. Services made available to those premises required to receive such services shall be considered as services utilized. It shall be the duty of the owner of such premises to provide for payment of the collection fees. It shall be the duty of the franchisee to bill separately each residential unit.

Nothing in this section shall prevent an arrangement for the continuance of an existing arrangement under which payments of collection fees are made by a tenant or tenants or any agent on behalf of the owner. Any such arrangement will not affect the owner’s obligation to the city or its authorized franchisee. (Ord. 409 § 1; Ord. 431 § 2; Ord. 536 § 10; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-18)

4.150.310 Billing and collection – Discounts – Penalty for delinquent payments.

Collection fees shall be billed and paid in advance on a monthly, bimonthly, or quarterly basis. Payment shall be due upon, and shall become delinquent after, the fifteenth day following the date of billing. Notwithstanding the above, each person who receives a bill for quarterly service shall have the option of paying for service through the end of the year billed.

A finance charge of one and one-half percent of the amount of the fee shall be added at the end of each month following the delinquency date. (Ord. 409 § 1; Ord. 431 § 3; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-19)

4.150.320 Fee a civil debt.

The collection fee shall be a civil debt owed by the owner, occupant or person in possession, charge or control of the real property and/or structures of a residential unit or commercial enterprise. In the event that any civil action to enforce the collection of the collection fee is brought in any court, the prevailing party shall be entitled to reasonable attorney’s fees to be determined by the court. The prevailing party shall be the party in whose favor final judgment is entered. (Ord. 409 § 1; Ord. 431 § 4; Ord. 536 § 11; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-20)

4.150.330 Mandatory collection areas.

A mandatory collection area is established and shall consist of the current incorporated city limits of the city of South Lake Tahoe within the Lake Tahoe basin, county of El Dorado, state of California. (Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-20.2)

4.150.340 Liability for payment of fees – Mandatory collection.

Each owner, occupant or person in possession, charge or control of any collection premises located in a mandatory collection area is hereby made liable jointly and severally for the payments of the solid waste collection, processing and disposal fees levied against such premises for required solid waste collection, processing and disposal services, irrespective of the actual use of the service provided by the district or grantee. Services made available to those premises required to receive service shall be considered as services utilized. It shall be the duty of the owner of such premises to provide for the payment of the services. (Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-20.3)

4.150.350 Billing cycle and penalty for delinquent payments.

Solid waste collection fees may be billed and paid in advance on a monthly, bimonthly, or quarterly basis. Payment shall be due upon, and shall become delinquent 15 days after, the date of any billing. A finance charge and late payment penalty as permitted by law shall be added at the end of each month following the delinquency date. (Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-20.4)

4.150.360 Discontinuation of service.

The city may direct the franchisee to discontinue service for any customer whose account remains unpaid for 60 days after the date of billing as long as the customer has received a notice on a form approved by the city manager or his/her designee stating that service will be discontinued 15 days from the date of the notice if payment is not made by that time. Upon payment of the delinquent fees, collection shall resume on the next regularly scheduled collection day. Fees shall continue to be assessed and billed notwithstanding that service has been discontinued and notice of same shall be included in the form sent to the customer. (Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-20.5)

4.150.370 Lien for 180-day delinquencies.

Mandatory collection fees authorized pursuant to these articles, which remain unpaid for a period of 180 days or more after the date upon which they were billed, may be collected thereafter by the franchisee as provided herein.

A. Once a year the franchisee shall cause to be prepared a report of delinquent fees. The city planning commission shall fix a time, date and place for a public hearing for the report and any objections or protests thereto.

B. The commission shall cause notice of the hearing to be mailed, by certified mail, return receipt requested, to the landowners listed on the report as well as publication of notice of the hearing in a newspaper of general circulation as well as posted pursuant to law not less than 30 days prior to the date of the hearing.

C. At the hearing, the commission shall hear any objections or protests of landowners liable for delinquent fees. The commission may make such revisions or corrections to the report as is deemed just and thereafter the report shall be forwarded to the city council for confirmation. Notice of the hearing to confirm the report shall be mailed to the landowners listed on the report.

D. The delinquent fees set forth in the report as confirmed shall constitute a special assessment against the respective parcels of land and are a lien of the property for such delinquent fees. A certified copy of the confirmed report shall be filed with the county auditor and/or county recorder’s office on or before August 10th, for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation of the office of the county recorder of the county in which the property is situated with a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes. All laws applicable to the levy, collection and enforcement of ad valorem property taxes shall be applicable to such lien, except that if the real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide purchaser for value has been created and attaches thereon, prior to the date on which the first installment of such taxes should become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquency fees, as confirmed relating to such property, shall be transferred to the unsecured roll for collection or a private collection agency. (Ord. 921 § 1; Ord. 1062 § 1 (Exh. A); Ord. 1187 § 1. Code 1997 § 23-20.6)

4.150.390 Exemptions.

A. The provisions of this article shall not apply to any of residential units or commercial enterprises which are not connected to water and electric power and where water or electric power cannot be provided to such premises without action by a public utility or mutual water company; provided, that such exemption shall terminate upon reconnection of water and electric power.

B. Provisions of this article shall not apply to any commercial enterprise which fully suspends its operation due to the seasonal nature of its particular business.

C. Provisions of this article shall not apply to any home business which operates fully out of a residential property, complies with business license requirements and does not exceed residential discarded material limitations.

D. Exemption from the mandatory collection may be granted to nonresidential and non-food- producing businesses which submit a waste management plan to the city analyzing the business waste stream, and documenting: (1) the ability to recycle or reuse more than 50 percent of that waste stream; (2) the ability to source separate organic waste from other waste and either recycle its organic waste on site or self-haul its own organic waste for recycling. Any business that received an exemption from mandatory collection under this subsection (D) prior to January 1, 2022, and desires to maintain its exemption from mandatory collection shall submit a new request to the city containing the information required by this subsection prior to January 31, 2022.

Any person claiming an exemption pursuant to subsection (A) or (B) of this section shall file a statement under oath or under penalty of perjury with the city removal franchisee stating the facts upon which exemption is claimed and, in the absence of such statement substantiating the claim, such person shall be liable for the payment of the collection fees required by this article.

The removal franchisee, after giving notice of not less than 10 days and a reasonable opportunity for hearing to any person claiming an exemption pursuant to this section, may revoke any exemption granted upon information that the person is not entitled to the exemption as provided herein. (Ord. 409 § 1; Ord. 441 § 1; Ord. 536 § 12; Ord. 791 § 2; Ord. 921 § 1; Ord. 1157 § 7; Ord. 1187 § 1. Code 1997 § 23-21)

Article IV. Prohibited Acts and Enforcement

4.150.400 Collection or disposal by unauthorized persons.

No person, other than those persons permitted by the terms of this chapter, shall collect, dispose of, or process discarded materials, for commercial gain, in, along or over any public street, alley or highway in the city. No two or more owners of separate properties shall organize to jointly or collectively remove discarded materials from their respective properties. (Ord. 409 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-23)

4.150.410 Placement of discarded materials in receptacle or upon land of another.

No person shall place discarded materials upon the land of another, or in the container of another, or upon premises other than those from which the discarded materials originated, for the purpose of making such discarded materials available for collection and disposal. This section shall not prohibit the deposit of discarded materials at a duly permitted transfer station. (Ord. 409 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-24)

4.150.420 Placement of containers on vacant lots.

No person shall place a container, including dumpsters, upon a vacant lot or any site from which the discarded material was not originally generated. This includes property owned, leased, or rented by the person generating the discarded material. (Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-24.1)

4.150.430 Placement for collection of items other than discarded materials.

No person shall place for collection and disposal, or place in public view, any item other than discarded materials or bulky items.

Neither the city, nor its authorized franchisee, shall collect or dispose of any item other than discarded materials or bulky items; provided, that this section shall not prohibit the deposit and disposal of any item at a duly permitted transfer station. (Ord. 409 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-25)

4.150.440 Littering public or private property.

No person shall throw, place, scatter, dump or otherwise deposit any refuse or other waste in or upon the private property of another. No person shall throw, place, scatter, dump or otherwise deposit any refuse or other waste in or upon any public property. (Ord. 409 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-26)

4.150.450 Burning refuse.

No person shall burn refuse within the city unless such act complies with all applicable laws of each and every jurisdictional agency. (Ord. 409 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-27)

4.150.460 Rendering of fat, distillation of bones, etc.

No person shall render any meat, grease, fat, offal, bones, animals, animal parts, animal substances, garbage, fish or parts of fish, or distill bones or reduce refuse, offal or dead animals or operate or conduct any plant or establishment for the distillation of bones, or the rendering of fat, or further reduction of refuse, offal or dead animals. (Ord. 409 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-28)

4.150.470 Bringing discarded materials into the city.

No person shall bring into or cause to be brought into the city any discarded materials or receive or possess any discarded materials brought into the city from beyond the city limits; provided, that the provisions of this section shall not apply to discarded materials being transported directly to, and received at, a duly permitted transfer station. (Ord. 409 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-29)

4.150.480 Storing of discarded materials inside buildings.

No person shall keep or maintain any discarded materials inside any building in violation of any provision of law. (Ord. 409 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-30)

4.150.490 Connection of water or electrical services prior to issuance of permit.

No person shall connect or cause to be connected to any residential unit not then receiving such services any water or electrical service without first obtaining from the city manager a permit therefor. Such permit shall be issued by the city manager upon request of any person without fee. Collection fees shall be charged for service to such residential unit upon the issuance of such a permit or occupancy of such unit, whichever first occurs. The sole purpose of the permit required by this section is to advise the city manager that the residential unit should be charged collection fees, and such permit shall not authorize the connection of any water or electrical services to any premises in violation of any other provision of law. (Ord. 409 § 1; Ord. 536 § 13; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-31)

4.150.500 Disclosure required upon sale of real property.

No person shall sell, or act as an agent for the purpose of selling, any parcel of real property without first disclosing, in writing, the amount or amounts, if any, of unpaid collection fees due and owing for collection services made available to such parcel of real property. (Ord. 419 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-32)

4.150.505 Compliance inspections.

The city or its agent may enter a commercial premises or common areas of a multiresidential property of five or more units to conduct a compliance inspection of any collection container or collection vehicle load, and may enter a transfer, processing, or disposal facility to conduct a compliance inspection. Compliance inspections may be performed without prior notice during normal business hours. (Ord. 1157 § 9; Ord. 1187 § 1)

4.150.510 Violations of chapter declared a nuisance.

All violations of any portion of this chapter are hereby declared to be a nuisance and may be abated as such in the manner provided by law. Additionally and alternatively, violations of any portion of this chapter are subject to administrative citations and fines under Chapter 2.30 SLTCC. (Ord. 409 § 1; Ord. 419 § 2; Ord. 921 § 1; Ord. 1157 § 10; Ord. 1187 § 1. Code 1997 § 23-33)

Article V. Recycling Regulations

Division 1. Generally

4.150.520 Purpose and intent of article.

The purpose and intent of this article is to establish by ordinance:

A. The goal of recycling at least 50 percent, by weight, of the city of South Lake Tahoe’s waste;

B. To require that the city of South Lake Tahoe develop and maintain a substantial, comprehensive, coordinated, and integrated recycling system for the efficient, cost-effective and environmentally sound disposal of waste;

C. To require the development and implementation of a solid waste management plan for the city of South Lake Tahoe;

D. To help preserve the quality of the environment for city of South Lake Tahoe residents by preserving resources, conserving energy, and reducing waste;

E. To improve the city of South Lake Tahoe’s economy by creating useful and rewarding jobs for its residents; and

F. To protect and promote the health, safety, and well-being of the city of South Lake Tahoe residents. (Ord. 812 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-34)

4.150.530 Collection of discarded materials by other than exclusive franchisee prohibited.

No hauler or disposal company other than franchisee or its appropriately authorized designee shall in any way collect discarded materials from any location within the city limits. (Ord. 812 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-35)

4.150.540 Removal of recyclable materials from existing state-authorized buyback centers prohibited.

No individual, company or entity other than franchisee, or its authorized designee, shall be authorized to remove recyclable materials from any state-authorized buyback center. Said locations, for purposes of clarity of this regulation, are identified as follows:

Ruth Avenue Recycling Center.

Nothing in this section shall be construed to limit any individual, company or entity other than franchisee from developing additional recycling sites; provided applicable zoning, building, fire and other requirements of local and state regulatory agencies are met. (Ord. 812 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-36)

4.150.610 Development of materials recovery facility prohibited.

No person, company or entity shall develop or create any type of materials recovery facility (MRF) without review and approval by the city council to ensure consistency with the county integrated waste management plan during the term the ordinance codified in this chapter remains in effect. (Ord. 812 § 1; Ord. 921 § 1; Ord. 1187 § 1. Code 1997 § 23-43)

Division 2. Recycling Organic Waste

4.150.620 Requirements for residential organic waste recycling.

A. Owners and occupants of single-family units and multiresidential properties of four or less units shall:

1. Subscribe to the city’s organic waste collection service for organic waste generated, except for food waste and food-soiled paper; and

2. Participate in the city’s organic waste collection service by placing organic waste generated, except for food waste and food-soiled paper, in a separate container in accordance with SLTCC 4.150.110.

B. Owners of multiresidential properties of five or more units who have not received a de minimis waiver or physical space waiver shall:

1. Subscribe to the city’s organic waste collection service;

3. Annually provide information to tenants about organic waste recovery requirements and about proper sorting of organic waste;

4. Provide educational information within 14 days of occupation of the premises to new tenants that describes requirements to keep organic waste separated and the location of containers and the rules governing their use at the property; and

5. Provide access for the city or its agent to the property during all inspections conducted under SLTCC 4.150.505 to confirm compliance with the requirements of this division.

C. De Minimis Waiver.

1. Owners of multiresidential properties of five or more units may request a de minimis waiver from some or all of the requirements of this section by submitting the following information:

a. The requirements requested to be waived;

b. Documentation that either: (a) the multiresidential property’s total solid waste collection service is two cubic yards or more per week and source separated organic waste subject to collection comprises less than 20 gallons per week; or (b) the multiresidential property’s total solid waste collection service is less than two cubic yards per week and source separated organic waste subject to collection comprises less than 10 gallons per week.

2. A de minimis waiver granted by the city will be effective for five years unless circumstances change such that the thresholds are exceeded, in which case the city will rescind the waiver. An applicant may reapply prior to the expiration of its waiver by providing the required information in this subsection (C).

D. Physical Space Waiver.

1. Owners of multiresidential properties of five or more units may request a physical space waiver from some or all of the requirements of this section by submitting documentation from the franchisee, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the organic waste container that would otherwise be required.

2. The city manager may grant a physical space waiver based on the information submitted in addition to any evidence from city staff justifying the waiver. A physical space waiver granted by the city will be effective for five years unless the portion of the premises where containers are stored is reconfigured, in which case the city will rescind the waiver. An applicant may reapply prior to the expiration of its waiver by providing the required information in subsection (D)(1) of this section. (Ord. 1157 § 11; Ord. 1187 § 1)

4.150.630 Requirements for commercial organic waste recycling.

A. Owners and operators of commercial businesses generating more than two cubic yards of solid waste per week and have not received a physical space waiver shall arrange for organic waste recycling services, including food waste, consisting of at least one of the following:

1. Source separating organic waste from other waste and subscribing to a basic level of organic waste recycling services that includes collection and recycling of organic waste, including food waste;

2. Recycling organic waste on site or self-hauling organic waste, including food waste, for recycling; or

3. Subscribing to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste, including food waste; and

4. For owners and operators of commercial businesses complying with this subsection (A) through means other than subscribing to an organic waste recycling service provided by the city’s franchisee, an annual report shall be provided to the city by October 1st of each year to certify compliance through on-site recycling or self-hauling. Annual reports shall include the following information for the preceding 12-month period of June 30th to July 1st:

a. The name of the owner and operator for the commercial business;

b. The name and address for the commercial business; and

c. The volume in cubic yards or gallons, measured by the size of the containers in use, of organic waste recycled on site, through self-hauling including the destination(s), or by other means.

B. In addition to the applicable requirements of subsection (A) of this section, owners and operators of commercial businesses not granted an exemption from mandatory collection under SLTCC 4.150.390 and who have not received a de minimis waiver or physical space waiver shall:

1. Subscribe to the city’s organic waste collection service;

2. Participate in the city’s organic waste collection service by placing organic waste generated, except for food waste and food-soiled paper, in a separate container for collection;

3. Provide labeled containers for the collection of organic waste, except for food waste and food-soiled paper, if any is generated by the business or its customers, in all indoor and outdoor areas where disposal containers are provided for customers, except in restrooms;

4. Prohibit employees from placing materials in a container not designated for those materials, to the extent practical through measures such as education, training, and inspection;

5. Periodically inspect the organic waste container for contamination and take corrective measures when contamination is found including reminding employees not to place materials in a container not designated for those materials;

6. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of organic waste;

7. Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep organic waste materials, except for food waste, separated and the location of containers and the rules governing their use; and

8. Provide access to the city or its agent to its properties during all inspections conducted under SLTCC 4.150.505 to confirm compliance with the requirements of this division.

C. In addition to the applicable requirements of subsections (A) and (B) of this section, owners and operators of tier one commercial edible food generators shall:

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

2. Contract with food recovery organizations or food recovery services for collection or acceptance of self-hauled edible food for food recovery;

3. Allow the city or agent to access the premises and review records pursuant to Section 18991.4 of Title 14 of the California Code of Regulations, as may be amended from time to time; and

4. Keep records that include the following information as required by Section 18991.4 of Title 14 of the California Code of Regulations, as may be amended from time to time:

a. A list of each food recovery service or organization that collects or receives the generator’s edible food pursuant to contract;

b. A copy of all such contracts;

c. A record of the following information for each contracted food recovery service or food recovery organization:

i. Name, address, and contact information;

ii. Types of food that will be collected or self-hauled;

iii. Established frequency that food will be collected or self-hauled; and

iv. Quantity of food, measured in pounds recovered per month, collected or self-hauled.

D. Commencing on January 1, 2024, owners and operators of tier two commercial edible food generators shall:

1. Comply with the requirements for tier one commercial edible food generators in this section; and

2. For large venue or large event operators not providing food services, but allowing for food to be provided by others, require food facilities operating at the large venue or large event to comply with the requirements for tier one commercial edible food generators in this section.

E. De Minimis Waiver.

1. Owners and operators of commercial businesses may request a de minimis waiver from some or all of the requirements of subsections (A) and (B) of this section by submitting the following information:

a. The requirements requested to be waived;

b. Documentation that either: (a) the commercial business’s total solid waste collection service is two cubic yards or more per week and source separated organic waste subject to collection comprises less than 20 gallons per week; or (b) the commercial business’s total solid waste collection service is less than two cubic yards per week and source separated organic waste subject to collection comprises less than 10 gallons per week.

F. Physical Space Waiver.

1. Owners and operators of commercial businesses may request a physical space waiver from some or all of the requirements of subsections (A) and (B) of this section by submitting documentation from the franchisee, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the organic waste container that would otherwise be required.

2. The city manager may grant a physical space waiver based on the information submitted in addition to any evidence from city staff justifying the waiver. A physical space waiver granted by the city will be effective for five years unless the portion of the premises where containers are stored is reconfigured, in which case the city will rescind the waiver. An applicant may reapply prior to the expiration of its waiver by providing the required information in subsection (F)(1) of this section. (Ord. 1157 § 11; Ord. 1187 § 1)

4.150.640 Requirements for food recovery organizations and services.

A. Owners and operators of food recovery services maintaining their principal place of business within the city and having a contract with commercial edible food generators to collect or receive edible food directly shall:

1. Report to the city the total pounds of edible food recovered for the previous calendar year from tier one and tier two commercial edible food generators with which the food recovery service has contracted, no later than October 1st of each year for the preceding 12-month period of June 30th to July 1st; and

2. Maintain the following records:

a. Name, address, and contact information for each commercial food generator from which edible food is collected;

b. Quantity, measured in pounds per month, of edible food collected from each commercial edible food generator;

c. Quantity, measured in pounds per month, of edible food transported to each food recovery organization; and

d. Name, address, and contact information for each food recovery organization to which the food recovery service transports edible food.

B. Owners and operators of food recovery organizations maintaining their principal place of business within the city and having a contract to collect or receive edible food directly shall:

2. Maintain the following records:

a. Name, address, and contact information for each commercial food generator from which edible food is received;

b. Quantity, measured in pounds per month, of edible food received from each commercial edible food generator; and

c. Name, address, and contact information for each food recovery service from which edible food is received. (Ord. 1157 § 11; Ord. 1187 § 1)