Chapter 8.08 SOLID WASTE, RECYCLABLE MATERIALS, ORGANIC WASTE,

For statutory provisions authorizing cities to contract for the collection and disposal of solid waste, see Public Resources Code Sections 49300 and 40059; for provisions on burning of solid waste, see Public Resources Code Sections 49600 through 49602 and 49620.

8.08.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section, and all references in definitions and throughout this chapter to the California Code of Regulations are subject to any successor laws and regulations as amended from time to time:

A. “Back-haul” means generating and transporting recyclable paper products, recyclable printing and writing papers, and/or organic waste, to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

B. “Bulky items” means all discarded household waste matter that is too large to be placed in a collection cart, including, but not limited to, large household appliances, including, but not limited to, appliances containing chlorofluorocarbons (CFCs), furniture, tires, carpets, mattresses and similar large items that require special handling due to their size.

C. “California Code of Regulations” or “CCR” means the state of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR).

D. “Collection contractor” means and includes any entity and any agents or employees thereof with whom the City has duly contracted under the terms hereinafter set out in this chapter, to collect, transport through the streets, alleys, or public ways of the City and to dispose of solid waste and process organic waste, recyclable materials and/or construction and demolition debris produced and collected within the limits of the City.

E. “Commercial” means a business or activity of a commercial premises, or as otherwise defined in 14 CCR Section 18982(a)(6), with the exception that multifamily dwellings are excluded from the definition of commercial for the purposes of this chapter.

F. “Commercial premises” means and includes all premises except residential premises and includes premises used or designated for use for a firm, partnership, proprietorship, joint-stock company, corporation or association, whether for-profit or nonprofit, strip mall, or industrial facility. This term specifically includes, but is not limited to, any and all facilities operated by or for the benefit of City, county, special districts, school districts, state (including, but not limited to, the California Medical Facility and California State Prison, Solano), federal and other governmental entities within the City, unless exempt by law from the application of the requirements of this section to their premises. All structures on the same legal parcel which are owned by the same person shall be considered as one “commercial premises.”

G. “Commercial edible food generators” includes tier one commercial edible food generators and tier two commercial edible food generators as defined in 14 CCR Sections 18982(a)(73) and (a)(74), or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.

H. “Compliance review” means a review of records by City to determine compliance with this chapter.

I. “Construction and demolition debris” or “C&D” means building materials and solid waste from construction, deconstruction, remodeling, repair, cleanup, and demolition operations that are not “hazardous” as defined by Public Resources Code Section 40141. C&D includes, but is not limited to: asphalt, concrete, cement, brick, lumber, wallboard, roofing material, ceramic tile, plastic pipe, and associated packaging.

J. “Containers” means carts, bins, compactors, and debris boxes used to provide solid waste, recyclables, or organic waste services.

K. “Designated waste” means any substances classified as designated waste in Section 13173 of the California Water Code.

L. “Discarded materials” means recyclable materials, green waste, food waste, organic waste, solid waste, and construction and demolition debris (C&D) placed by a generator, owner, or responsible party in a receptacle and/or at a location for the purposes of collection by contractor or another person, or otherwise discarded, excluding excluded waste.

M. “Edible food” means food intended for human consumption.

N. “Enforcement action” means an action of the City to address noncompliance with this chapter including, but not limited to, instituting abatement actions, issuing administrative citations, fines, penalties, or using other remedies.

O. “Excluded waste” means (1) hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste and toxic substances, (2) material that operators of facilities used by collection contractor reasonably believe(s) would, as a result of or upon acceptance, transfer, processing or disposal, be a violation of local, state, or federal law, regulation or ordinance, including: land use restrictions or conditions, or waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, or (3) waste that in the reasonable opinion of operators of facilities used by collection contractor would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose collection contractor, facility operators or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily residential premises solid waste after implementation of programs for the safe collection, processing, recycling, treatment and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through collection contractor’s franchise agreement with the City and the generator, owner or responsible party has properly placed the materials for collection pursuant to instructions provided by City or collection contractor as set forth in this chapter. Notwithstanding any other provision of this chapter, excluded waste is excluded from the definitions of recyclable materials, organic waste, solid waste, construction and demolition materials, and their respective subcategories.

P. “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.

Q. “Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

R. “Food recovery organization” means an entity that primarily engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

S. “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 food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).

T. “Food-soiled paper” means pre- and post-consumer compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, coffee filters, napkins, pizza boxes, and milk cartons. Food-soiled paper is a subset of food waste.

U. “Food waste” means all organic waste originally acquired for animal or human consumption. Food waste includes, but is not limited to, vegetable waste, fruit waste, grain waste, dairy waste, meat waste, fish waste, and food-soiled paper. Food waste is a subset of organic waste. Unless commingled with green waste and collected as organic waste, food waste must be source separated when generator intends for separate collection thereof.

V. “Generator” means and includes any person that generates solid waste, organic waste, and/or recyclable materials.

W. “Green waste” means organic and biodegradable materials such as leaves, grass, weeds, pruning waste, and wood materials from trees and shrubs, excluding painted or treated wood and food waste; and provided, that larger items such as tree stumps and dead trees are treated as bulky items. Green waste is a subset of organic waste. Unless commingled with food waste and collected as organic waste, green waste must be source separated when generator, owner, or responsible party intends for separate collection thereof.

X. “Hazardous waste” means any material, substance, or waste that is defined as a “hazardous material,” “hazardous substance,” “hazardous waste,” “toxic substance,” “toxic waste,” or words of similar import in any federal or California environmental law, rule or regulation, including Section 66261.3 of Division 4.5 of Title 22 of the California Code of Regulations, and the Resource Conservation and Recovery Act.

Y. “Household hazardous waste” means household hazardous waste as defined in 14 CCR Section 18502, and any successor law and regulations as amended from time to time.

Z. “Household hazardous waste contractor” means and includes any entity and any agents or employees thereof with whom the City has duly contracted under the terms hereinafter set out in this chapter to collect, transport through the streets, alleys, or public ways of the city and to dispose of household hazardous waste generated and/or discarded within the limits of the City.

AA. “Infectious waste” means (a) equipment, instruments, utensils, and other fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated as required by public health agencies; (b) laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto; and/or (c) surgical operating room pathologic specimens – including recognizable anatomical parts, human tissue, anatomical human remains and disposable materials from hospitals, clinics, outpatient areas, and emergency rooms, as defined in 14 CCR Section 17225.36.

BB. “Inspection” means a site visit where City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of solid waste, recyclable materials, organic waste, or edible food handling to determine if the entity is complying with requirements set forth in this chapter.

CC. “Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit or privately owned park, parking lot, golf course, street system or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

DD. “Large venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference, or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater or other public attraction facility. For purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

EE. “Medical waste” has the meaning given to it in Section 117690 of the Health and Safety Code.

FF. “Multifamily residential premises” means, for the purposes of this chapter and compliance with 14 CCR Division 7, Chapter 12, residential premises containing five or more living units, including, but not limited to, apartments and condominiums.

GG. “Notice of violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45), and which shall include the information set forth in 14 CCR Section 18995.4.

HH. “Organic waste” means materials originating from living organisms and their metabolic waste products; and, for the purposes of this chapter, shall be limited to food-soiled paper, food waste, unpainted and untreated wood and/or green waste, individually or collectively, that have been source separated.

II. “Organic waste container” means a container used for the purpose of storage and collection of source separated organic waste.

JJ. “Person” means and includes an individual, firm, corporation, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

KK. “Premises” means and includes any land, building, and/or structure, or portion thereof, in the City where discarded materials or household hazardous waste is produced, generated, or accumulated. All structures on the same legal parcel which are owned by the same person shall be considered as one premises.

LL. “Prohibited container contaminants” means the following: (1) discarded materials placed in the recyclable materials container that are not identified as acceptable recyclable materials for the City’s recyclable material containers; (2) discarded materials placed in the organic waste container that are not identified as acceptable organic waste for the City’s organic waste containers; (3) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic waste to be placed in City’s recyclable materials containers and/or organic waste containers; (4) unacceptable materials (as to recyclable materials) placed in the recyclable materials container, or unacceptable materials (as to organic waste) placed in the organic waste container; and (5) excluded waste placed in any container.

MM. “Recyclable materials” means source separated materials that are intended for recycling and/or capable of being recycled. For the purpose of collection of recyclable materials through collection contractor’s collection services, recyclable materials shall be limited to those materials identified in the collection contractor’s contract with the City as acceptable recyclable materials.

NN. “Recyclable materials container” means a container used for the purpose of storage and collection of source separated recyclable materials.

OO. “Residential premises” means and includes any premises used or designed for use for residential purposes, irrespective of whether residence therein is transient, temporary, or permanent.

PP. “Responsible party” means, for the purposes of this chapter, any agent, tenant, occupant, or other person having charge or control of any premises (other than the owner of the premises) that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a premises in the City.

QQ. “Route review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

RR. “Self-hauler” or “self-haul” means a person who hauls discarded materials or recovered material they have generated to another person. Self-haulers also includes gardeners and landscapers who haul material in accordance with Section 8.08.075, and persons who back-haul.

SS. “Single-family residential” or “single-family premises” means, for the purposes of this chapter and compliance with 14 CCR Division 7, Chapter 12, those residential premises containing either one, two, three, or four living units. A single-family residential dwelling includes single-unit family dwellings, as well as each part of a duplex, triplex, or fourplex in which there is separate or individual collection service.

TT. “Solid waste” means all discarded putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, cardboard, glass, metals, plastics, rubbish, ashes, industrial wastes, landscape and pruning waste, construction waste, demolition waste, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded substances or materials. Solid waste does not include (1) hazardous waste, (2) low-level radioactive waste regulated under California Health and Safety Code Section 114960 et seq., (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Section 117600 et seq., (4) sludge or biosolids, (5) electronic materials classified as universal waste pursuant to 22 CCR Section 66260.201 et seq., (6) abandoned vehicles or parts thereof, or (7) recyclable materials, green waste, food waste, organic waste, construction and demolition debris that have been source separated from other material. For the purposes of this chapter, solid waste includes carpet and textiles.

UU. “Solid waste container” means a container used for the purpose of storage and collection of solid waste.

VV. “Source separated or source separated (materials)” means the segregation, by the generator, owner, responsible party or employee thereof of premises, of discarded materials designated for separate collection for some form of recycling, composting, recovery, reuse, or other purpose excluding disposal.

WW. “Tier one commercial edible food generator” means a commercial edible food generator that is one of the following:

1. Supermarket.

2. Grocery store with a total facility size equal to or greater than 10,000 square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

XX. “Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an on-site food facility and 200 or more rooms.

3. Health facility with an on-site food facility and 100 or more beds.

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A local education agency facility with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter. For the purposes of this definition, “local education agency” means a school district, charter school, or county office of education that is not subject to the control of City or county regulations related to solid waste or as otherwise defined in 14 CCR Section 18982(a)(40).

YY. “Yard waste” has the same meaning as green waste.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.020 Department authorized.

The power is granted the City Council to create at any time, by resolution, a recycling and waste management department of the City, and to collect, remove and dispose of all solid waste, recyclable materials, organic waste, construction, and demolition debris or household hazardous waste as a sanitary measure and as a benefit to the public health.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.030 Deposit and accumulation of materials in public or private places – Prohibited.

It is unlawful for any person to throw, deposit, keep, accumulate, permit, or cause any solid waste, construction, and demolition debris, recyclable materials or organic waste, except organic waste being actively composted, or any type of hazardous waste to be thrown, deposited, kept or accumulated upon any public or private lot or parcel of land, or on any public or private place, street, lane, alley, drive, gutter, drain facilities, park, creek, vacant lot, backyard, side yard or front yard, or to store or to keep the same, unless the same is kept, deposited, stored or allowed to accumulate as provided in this chapter.

Any such deposit or accumulation of solid waste, recyclable materials, organic waste, construction, and demolition debris or hazardous waste in violation of this chapter shall be deemed a public nuisance as set forth in Chapter 8.10 of this code (Public Nuisance), and the person owning, leasing, occupying or having charge or possession of any premises in violation of this section shall be subject to the provisions of Chapter 8.10 of this code (Public Nuisance).

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.038 Collection – Contract – Contents.

A. For the collection, processing, and disposal of recyclable materials, organic waste, solid waste, and/or construction and demolition debris, a contract for a period not to exceed 25 years may be entered into by the City in accordance with and subject to the terms and conditions of this chapter. Additionally, if performance requirements are specified in the collection contract and those performance requirements are met, the collection contract term may be extended as set forth in its provisions.

B. Such contract shall provide that the collection contractor shall collect, process, and dispose of the recyclable materials, organic waste, solid waste, and construction and demolition debris in the City in the manner provided for in this chapter and shall not charge any amounts in excess of the rates specified in this chapter, or in excess of the rates set from time to time by the collection contractor and approved by resolution by the City Council. The collection contractor shall be required to furnish a performance bond to the City in the amount and form specified in the collection contract conditioned upon the faithful performance of the contract and the provisions of this chapter. Such collection contractor shall have the sole exclusive right, except as otherwise provided in this chapter, to collect all recyclable materials, organic waste, solid waste, and construction and demolition debris generated in the City subject to limitation as set forth in this chapter and transport the same through the streets and public ways of the City. Such contract shall also require that the collection contractor procure for the period covered by the proposed contract insurance in accordance with the provisions of the contract. The City Council, by resolution, shall have the power to provide for the inclusion in such contract of such terms as it deems necessary to protect the public health and safety and the financial interests of the City, including, but not limited to, hours of operation, frequency of service, specified transfer, processing, composting and disposal facilities, reporting requirements and notice requirements. The violation of such agreed upon terms shall be deemed a breach of contract and/or a violation of the Vacaville Municipal Code and may be enforced pursuant thereto.

C. Before such contract is entered into sealed bids may be called for by the City Council, on notice by publication in a newspaper of general circulation in the City, not less than one time, and the contract awarded to the most responsible proposer. Each proposal or bid shall be accompanied by a certified check payable to the City or, at City’s option, a bid bond in the amount specified in the request for proposals which sum shall be forfeited to the City if proposer to whom the contract is awarded fails or refuses to enter into the contract within 15 days after the date of mailing to the successful proposer the “notice of award contract.” The City Council shall reserve the right to reject any and all proposals.

D. The consideration paid to the City by the selected collection contractor for the exclusive right to collect, process, and/or dispose of recyclable materials, organic waste, solid waste, and construction and demolition debris in the City shall be a franchise fee or similar fee in an amount mutually agreed upon by the City and collection contractor and such amount may be adjusted annually using a method mutually agreed upon by the parties.

E. Such contract between the collection contractor and City shall also require that the collection contractor obtains contract(s) securing it rights to process, transfer and/or dispose (as appropriate for the material type) all recyclable materials, organic waste, solid waste, and construction and demolition debris collected pursuant to this contract at the facilities approved pursuant to the collection contractor’s agreement with the City, or other such facility as the City Council may from time to time specify, consistent with the terms of the franchise agreement. The contracts between collection contractor and the facilities shall be subject to the approval of the City Council.

F. The financial records of the collection contractor shall be subject to audit and checking at any reasonable time by the City, and the payments to the City by the collection contractor shall be due and payable at the beginning of each month, if flat monthly payment plan is accepted, and shall be payable at the end of each quarter if gross percentage plan is accepted.

G. Collection contractor shall meet the following requirements and standards as a condition of approval of its franchise agreement with the City to collect recyclable materials, organic waste, solid waste, and/or construction and demolition debris:

1. Through written notice to the City annually on or before January 1st, identify the facilities to which it will transport source separated recyclable materials, source separated organic waste, solid waste, and construction and demolition debris unless otherwise stated in the franchise agreement.

2. Transport source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR Division 7, Chapter 12, Article 2.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.039 Collection – Exclusive right of collection contractor.

It is unlawful for any person other than the authorized collection contractor designated by the City, or an agent or employee thereof, to collect or convey through the streets, alleys, or other public thoroughfares of the City any solid waste, recyclable materials, organic waste, construction, and demolition debris, or any other matter offensive to the sight or smell, or collect, process or dispose of the same except as provided in Section 8.08.040, and except as otherwise provided by law.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.040 Collection – Contract – Exclusive – Exceptions.

A. At such time as there is in force a contract entered into by the City with any entity (to be known as “collection contractor”) for the collection of solid waste, organic waste, recyclable materials, and construction and demolition debris, it is unlawful for any person, other than the persons in the employ of the collection contractor, or its agents, having such contract, to collect, haul, transport, process or dispose of any recyclable materials, organic waste, solid waste or construction, and demolition debris within the City, except as otherwise set forth in subsection B of this section (in which case, such activity shall be in conformity with the other rules or regulations prescribed in this chapter) or as otherwise provided by law.

B. Notwithstanding the above, collection contractor shall not have the exclusive right to collect, haul, transport, process or dispose of the following types of solid waste, recyclable materials, organic waste, or construction and demolition debris:

1. Recyclable materials, e-waste or universal waste that are source separated and donated by generator, owner or responsible party to third parties including, but not limited to, youth, civic or charitable organizations, or recyclable materials that are source separated by generator, owner or responsible party and sold by generator, owner or responsible party to third parties in a bona fide sale transaction involving a net payment to the generator, owner or responsible party. For purposes of this chapter, no donation or sale shall be deemed to have occurred in any instance where a generator, owner, or responsible party directly or indirectly pays the third party any sum (including without limit as a consulting fee, container rental, or other fee or tangible consideration), including but not limited to: (a) in lieu of being directly charged for collecting, transporting, processing or recycling such item, or (b) to offset the payment to the generator, owner or responsible party for the purported sale of such item to the third party. Nor shall the receipt of a discount of or reduction in the processing, recycling, or disposal service rate on unsegregated solid waste containing such an item be deemed to be the donation or sale of such an item to a third party;

2. Recyclable beverage containers delivered by the generator, owner, or responsible party to an authorized California Redemption Value (CRV) buy back facility for recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500 et seq. California Public Resources Code;

3. Holiday trees collected by the Boy Scouts through the Boy Scouts’ holiday tree residential pick-up services program during the three weeks following December 25th;

4. By-products of sewage treatment including sludge, sludge ash, grit, and screenings;

5. Hazardous waste, medical waste, and designated waste (as defined in Section 13173 of the California Water Code as may be amended or renumbered from time to time);

6. Organic waste composted or otherwise legally managed at the site where it is generated by and managed by the site’s owner or responsible party;

7. Materials generated by public schools, county, state, and federal facilities; provided, that the generator, owner, or responsible party of such facility has arranged collection services with other persons or has arranged services with the contractor through a separate agreement;

8. Green waste removed from a premises by a gardener, landscaper, weed abatement service, tree-trimming service, or other similar type of service provider when:

a. Hauling services are provided by the service provider as an incidental part of the overall service being performed by that service provider, rather than as a separately contracted or subcontracted hauling service;

b. Service provider uses only its own personnel and equipment to transport the green waste; and

c. Service provider performs hauling services in accordance with self-haul requirements as set forth in this chapter or as provided by law;

9. Construction and demolition debris removed by a licensed building or demolition contractor or its subcontractor (“construction contractor”) from a new construction, demolition, or alteration project when:

a. Hauling services are provided by the construction contractor as an incidental part of the overall service being performed by that construction contractor, and is not a separately contracted or subcontracted hauling service;

b. Construction and demolition debris is transported personally by the construction contractor (or by his or her full-time employees), using the construction contractor’s own equipment, to a recycling, processing, or disposal facility; and

c. Construction contractor complies with the City’s construction and demolition debris recycling requirements set forth in the City’s current construction waste management policy;

10. Nonputrescible solid waste or green waste (not resulting from a construction or demolition site) which must be removed only as incident to the infrequent clearing of a premises and when a vehicle or container of no greater than five cubic yards capacity is used to remove such solid waste or green waste provided green waste, paper, cardboard, and other organic wastes are separately transported to a facility that processes such materials;

11. Nonputrescible solid waste, recyclable materials, green waste, construction, and demolition debris or bulky items generated at a single-family premises and hauled or transported by residents of that premises, provided the same is kept, hauled, or transported in accordance with the self-hauler requirements in Section 8.08.075 and the other rules and regulations prescribed in this chapter;

12. Edible food that is collected from a generator, owner, or responsible party by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery; or that is transported by the generator, owner or responsible party to another person(s), such as a person from a food recovery organization, for the purposes of food recovery, regardless of whether the generator, owner or responsible party donates, sells or pays a fee to the other person(s) to collect or receive the edible food from the generator, owner or responsible party; and

13. Materials removed in emergency conditions as set forth in Section 8.08.170.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.041 Collection – Owner obligations.

A. Every owner or responsible party of residential or commercial premises occupied by any person shall subscribe for and pay the collection contractor for recyclable materials, organic waste, and solid waste collection services at such rates set by collection contractor, not to exceed the maximum rates approved by resolution of the City Council from time to time.

B. Nothing in this section is intended to prevent any arrangement, or the continuance of an existing arrangement, under which payments for recyclable materials, organic waste, solid waste, and/or construction and demolition debris collection service are made by a responsible party, on behalf of the owner, and/or under which other obligations of owner in this chapter are fulfilled by a responsible party. However, if the responsible party fails to subscribe to and pay for collection services or fails to fulfill other obligations of owner in this chapter, the owner shall be ultimately responsible for complying with owner’s obligations as provided herein.

C. Upon reasonable notice from collection contractor, owners or responsible parties of residential and commercial premises shall comply with such mandatory discarded materials separation requirements, including, but not limited to, separation of solid waste, organic waste, and/or recyclable materials as set forth from time to time by collection contractor, as described in this chapter and as approved by the City Council.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.050 Reserved.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.060 Collection – Single-unit residential premises.

A. Every owner or responsible party of a single-family residential premises shall comply with the following requirements:

1. Subscribe to and pay for the weekly three-container collection services provided by the City through the collection contractor for solid waste, recyclable materials, and organic materials generated by the single-family residential premises.

2. Recognize the City right to review the number and size of owner’s or responsible party’s collection containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, adjust their service level for their collection services as requested by the City or its designee.

3. Participate in the three-container collection service program in the manner described below.

a. Place, or direct generators at single-family premises to place, source separated organic waste in the organic waste container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container;

b. Not place, or direct generators at single-family premises not to place, materials designated for the solid waste container into the organic waste container or recyclable materials container; and

c. Not place, or direct generators at single-family premises not to place, prohibited container contaminants in collection containers.

B. The owner or responsible party of any occupied single-family premises or generators at single-family premises shall place at a location designated by collection contractor, in accordance with the provisions of this chapter, collection containers provided by collection contractor, for deposit of recyclable materials, organic waste, and solid waste in accordance with the provisions of this chapter and as set forth from time to time by collection contractor upon reasonable notice to owner or responsible party.

C. Uncontainerized bulky items shall be collected by collection contractor upon the request of the owner or responsible party, at the rate set by collection contractor and not to exceed the maximum rate approved by the City Council.

D. If manure is generated on the single-family premises, the owner or responsible party of that premises or the generator at that premises shall ensure that manure is properly managed such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC) as defined in 27 CCR Sections 20690 and 20700, and is managed in conformance with 14 CCR Division 7, Chapter 12, Article 2. Owners, responsible parties, and generators may meet this requirement either through properly managing manure on site if their premises is larger than one acre or utilizing a third party to properly manage manure off site.

E. Nothing in this section prohibits an owner, responsible party or generators of a single-family premises from preventing or reducing the discarded materials generation and/or managing organic waste on site.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.061 Collection – Multifamily residential premises and commercial premises.

A. Collection contractor shall collect solid waste, recyclable materials and organic waste from multifamily premises and commercial premises on such days and at such frequencies as the generator, owner or responsible party and collection contractor shall mutually determine; provided, that collection shall be performed at least once each seven days.

B. Owners or responsible parties of multifamily residential premises and commercial premises shall:

1. Provide or arrange for solid waste, recyclable materials and organic waste collection services consistent with this chapter and for employees, contractors, tenants and customers.

2. Subscribe to and pay for at least weekly three-container collection services provided by City through the collection contractor and comply with requirements of those services as described below in this section, except multifamily residential premises and commercial premises that have valid waivers for some collection service granted by the City pursuant to Section 8.08.063.

3. Recognize City’s right to review the number and size of the premises’ collection containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, adjust their service level for their collection services as requested by the City.

4. Except premises that have valid waivers for some collection service granted by the City pursuant to Section 8.08.063, participate in the three-container collection services in the manner described below.

a. Place, or direct its generators to place, source separated organic materials in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container;

b. Not place, or direct its generators not to place, materials designated for the solid waste container into the organic materials container or recyclable materials container; and

c. Not place, or direct its generators not to place, prohibited container contaminants in collection containers.

5. Supply and provide access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsection E of this section) for employees, contractors and other invitees, tenants and customers, consistent with City’s recyclable materials, organic materials and solid waste collection service.

6. The owner or responsible party shall place at a location designated by collection contractor in accordance with the provisions of this chapter, collection containers provided by collection contractor, for deposit of recyclable materials, organic waste and solid waste in accordance with the provisions of this chapter and as set forth from time to time by collection contractor upon reasonable notice to owner or responsible party.

C. Owners or responsible parties of multifamily residential premises and commercial premises shall annually provide information to employees, contractors and other invitees, tenants and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic waste and solid waste.

D. Owners or responsible parties of multifamily residential premises and commercial premises shall provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic waste and to keep the source separated recyclable materials and source separated organic waste separate from each other and from solid waste (when applicable) and the location of containers and the rules governing their use at each property.

E. Owners or responsible parties of multifamily residential premises and commercial premises that generate two cubic yards or more of total solid waste, recyclable materials and organic materials per week (or other threshold defined by the state) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner or responsible party of a multifamily premises or commercial premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.

F. Owners or responsible parties of commercial premises shall, in addition to other requirements set forth in this chapter:

1. Provide containers for the collection of source separated organic materials and source separated recyclable materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial premises does not generate any of the materials that would be collected in one type of container, then the owner or responsible party of the commercial premises does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the owner or responsible party of the commercial premises shall have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. An owner or responsible party of the commercial premises is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

2. To the extent practical through education, training, inspection and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the City’s recyclable materials, organic materials and solid waste collection service.

3. Periodically inspect recyclable materials containers, organic materials containers and solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

G. Owners or responsible parties of commercial premises that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.08.202.

H. Provide or arrange access for City or its agent to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

I. If manure is generated on a multifamily residential premises or commercial premises, the owner or responsible party of that premises shall ensure that manure is properly managed such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC) as defined in 27 CCR Sections 20690 and 20700, and is managed in conformance with 14 CCR Division 7, Chapter 12, Article 2. Owners and responsible parties may meet this requirement either through properly managing manure on site if their premises is larger than one acre or utilizing a third party to properly manage manure off site.

J. Nothing in this section prohibits an owner or responsible party of a multifamily premises or a generator of a multifamily residential premises from preventing or reducing discarded materials generation or managing organic waste on site.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.062 Collection – Construction and demolition contractors.

A. A building or demolition contractor or its subcontractor (“construction contractor”) may remove construction and demolition debris and green waste from a construction or demolition site and transport the material to a facility for processing or disposal pursuant to conditions set forth in Section 8.08.040.B.

B. If a construction contractor chooses not to remove and transport construction and demolition debris and green waste generated from a construction or demolition site, the construction contractor must use collection contractor’s collection services as set forth in this chapter or as provided by law.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.063 Waivers – Multifamily residential premises and commercial premises.

A. De Minimis Waivers. The City may waive an obligation(s) of an owner or responsible party of a commercial premises or multifamily residential premises to comply with some or all of the recyclable materials and organic waste requirements of this chapter if the owner or responsible party of the commercial premises or multifamily residential premises provides documentation that the commercial premises or multifamily premises generates below a certain amount of recyclable materials, organic waste and/or solid waste as permitted in 14 CCR Division 7, Chapter 12 and described in subsection A.2 of this section. Commercial premises or multifamily residential premises requesting a de minimis waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from; and

2. Provide documentation that either:

a. The commercial premises’ or multifamily premises’ total discarded materials collection service is two cubic yards or more per week and recyclable materials and organic waste subject to collection in recyclable materials container(s) or organic waste container(s) comprises less than 20 gallons per week per applicable material stream of the multifamily or commercial premises’ total waste (i.e., recyclable materials in the recyclable materials stream are less than 20 gallons per week or organic waste in the organic waste stream are less than 20 gallons per week); or

b. The commercial premises’ or multifamily premises’ total discarded materials collection service is less than two cubic yards per week and recyclable materials and organic waste subject to collection in a recyclable materials container(s) or organic waste container(s) comprises less than 10 gallons per week per applicable material stream of the multifamily or commercial premises’ total waste (i.e., recyclable materials in the recyclable materials stream are less than 10 gallons per week or organic waste in the organic waste stream is less than 10 gallons per week).

c. For the purposes of subsections A and B of this section, total discarded materials shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials and organic waste collection service.

3. Notify City if circumstances change such that commercial premises’ or multifamily residential premises’ organic waste and/or recyclable materials exceeds threshold required for waiver, in which case the applicable waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every five years if City has approved de minimis waiver.

B. Physical Space Waivers. City may waive an obligation(s) of an owner or responsible party of a commercial premises or multifamily residential premises obligation to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, the collection contractor, licensed architect or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste and recyclable materials collection requirements of Section 8.08.061.

An owner or responsible party of a commercial premises or multifamily residential premises may request a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

2. Provide documentation that the premises lacks adequate space for recyclable materials containers and/or organic materials containers including documentation from the collection contractor, licensed architect or licensed engineer, or a similar professional. City may independently verify any information provided.

3. Provide written verification to City that it is still eligible for physical space waiver every five years, if City has approved application for a physical space waiver.

C. Review and Approval of Waivers by City. Owners or responsible parties of premises seeking waivers shall:

1. Apply to City’s public works director or their designee for a waiver. Waivers are valid for five years.

2. Any waiver holder must cooperate with the City for compliance inspections and enforcement as stated in Sections 8.08.211 and 8.08.220.

3. Waiver holder must reapply to the City’s public works director or their designee for a waiver upon the expiration of the waiver period and shall submit any required documentation and/or fees/payments as required by the City. Failure to submit a completed application shall result in an automatic denial of the said waiver application.

4. City’s public works director may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable. In such case the public works director shall provide a minimum of 10 days’ notice that the waiver has been revoked and that owner or responsible party must comply with the provisions of this chapter.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.070 Collection – Rate and payment for collection contractor services.

Any person, responsible party or owner of residential premises or commercial premises from whom recyclable materials, organic waste or solid waste are collected under the provisions of this chapter shall pay to the collection contractor for collection services. The payment for collection services shall be at rates set by the collection contractor and not to exceed the maximum rates approved by the City Council by resolution from time to time for said services. Multifamily residential premises shall be treated as commercial premises for purposes of collection service and rates. Single-family residential premises of two, three or four units, condominium properties and mobile home parks shall have the option of receiving service and being billed as either individual subscribers with each unit having its own residential service, or as a commercial subscriber with the entire complex receiving commercial service and being billed as one commercial account. Such determination shall be made by the owner or responsible party and communicated to collection contractor.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.075 Self-hauler – Requirements.

A. Self-haulers shall source separate all recyclable materials and organic waste (materials that City otherwise requires owners, responsible parties or generators to separate for collection in the City’s three-container collection program for recyclable materials, organic waste and solid waste) generated on site from solid waste. Self-haulers shall haul their source separated recyclable materials and organic waste and solid waste to facilities described in subsection B of this section.

B. Self-haulers shall transport their source separated recyclable materials to a facility that recovers those materials; transport their source separated organic waste to a facility, operation, activity or property that processes or recovers source separated organic waste; transport their solid waste to a landfill or transfer facility or operation that processes or disposes of solid waste; and transport their manure to a facility that manages manure in conformance with 14 CCR Division 7, Chapter 12, Article 2 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC) as defined in 27 CCR Sections 20690 and 20700.

C. Self-haulers that are commercial premises or multifamily residential premises shall keep a record of the quantity of recyclable materials, organic waste and solid waste delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic waste and processes or disposes of solid waste. These records shall be subject to inspection by the City. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic waste and solid waste.

2. The amount of material in cubic yards or tons transported by the generator, owner or responsible party to each entity.

3. If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the recyclable materials, organic waste and solid waste.

D. Self-haulers that are commercial premises or multifamily residential premises shall provide copies of records required by this section to City if requested by the City’s Public Works Director and shall provide the records at the frequency requested by the City’s Public Works Director.

E. An owner, responsible party or generator of a single-family premises that self-hauls recyclable materials, organic waste or solid waste is not required to maintain records required by this section or to report information to the City.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.080 Collection – Interference prohibited.

It is unlawful for any person in any manner to interfere with the collection, transportation, processing and/or disposal of solid waste, organic waste, recyclable materials, construction and demolition debris or household hazardous waste by any person authorized by City-issued license, franchise or contract to collect, transport, process or dispose of same.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.090 Burning of material – Prohibited.

It is unlawful for any person to burn or cause to be burned in the City any solid waste, recyclable materials, organic waste or hazardous waste of any kind or nature without prior approval by the City and any and all state and federal agencies which have regulatory authority over such activities.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.100 Burying of material – Prohibited.

It is unlawful for any person to bury any solid waste, recyclable materials or organic waste, except that being actively composted, or hazardous waste at any place within the City, unless otherwise provided in this chapter.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.110 Storage of materials – Allowable containers or receptacles.

A. It is unlawful for any person to keep, accumulate or permit to be accumulated any solid waste, recyclable materials or organic waste, except organic waste being actively composted, upon any lot or parcel of land, or on any public or private place, street, lane, alley, gutter, drain facilities, park, creek, vacant lot, backyard, side yard or front yard, unless the same is in containers or other receptacles provided by collection contractor or approved by City’s Public Works Director as set forth in this chapter. Such containers or receptacles are to be provided with close-fitting lids or covers which shall be kept closed at all times, except when necessarily opened to permit solid waste, recyclable materials or organic waste to be taken therefrom or deposited therein.

B. On the specified collection days, the containers or receptacles shall be placed so as to be readily accessible for removal and emptying of the material contained therein as specified by the collection contractor and in compliance with Section 8.08.041.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.120 Reserved.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.130 Household hazardous waste – Collection contract – Contents.

A. For the collection, processing and disposal of household hazardous waste, a contract for a period of not to exceed 25 years may be entered into by the City in accordance with and subject to the terms and conditions of this chapter.

B. Such contract shall provide that the contractor shall operate collection sites and process or dispose of collected household hazardous waste in the manner provided for in this chapter. The contractor shall be required to furnish a performance bond to the City in the penal sum of five thousand dollars or an amount as agreed upon by and between the City’s Risk Manager, City Attorney and the contractor, conditioned upon the faithful performance of the contract and the compliance with the provisions of this chapter. The performance bond requirement may be waived or amended by mutual agreement of the parties. Such contract shall also require that the household hazardous waste contractor procure for the period covered by the proposed contract, full compensation insurance in accordance with the workmen’s compensation insurance safety provisions of the California Labor Code. Such contract shall also require that the contractor carry public liability insurance to the extent of one million dollars per occurrence for the bodily injury, personal injury and property damage, automobile liability insurance to the extent of one million dollars combined single limit per accident for bodily injury and property damage upon each of the trucks or other vehicles used by the household hazardous waste contractor in carrying out the work set forth in the contract, and pollution liability insurance in the amount of one million dollars per occurrence and two million dollars aggregate. Additionally, such other amount may be required as set forth by the City’s Risk Manager and the City Attorney. The City Council, by resolution, shall have the power to provide for the inclusion in such contract such terms as it deems necessary to protect the interests of the City, including but not limited to, hours and days of operation, reporting requirements, receipt and storage requirements, transportation requirements, personnel requirements and notice of release requirements, the violation of which shall be deemed a breach of contract and/or a violation of the Vacaville Municipal Code and may be enforced pursuant thereto.

C. Such contract shall also provide that the household hazardous waste contractor shall be responsible for contracting with a licensed hazardous waste hauler for the hauling of the household hazardous waste collected at the collection site to a licensed processing or disposal site. The contract with the licensed hazardous waste hauler shall be subject to approval by the City’s Public Works Director.

D. Such contract shall also provide that the household hazardous waste contractor shall be responsible for the safe handling and storage of the hazardous wastes from the time the hazardous wastes are delivered to the processing or disposal site until they are delivered to a licensed hazardous waste hauler and loaded onto a transport vehicle for transport to a permitted processing, treatment or disposal site as designated on a uniform hazardous waste manifest.

E. Such contract shall provide that the household hazardous waste contractor shall obtain all required federal, state and local permits, variances and other approvals for the household hazardous waste collection operations.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.140 Household hazardous waste – Owner obligations.

A. Recycling or disposal of household hazardous waste within the City limits may only occur at a licensed and permitted household hazardous waste collection facility.

B. No household hazardous waste shall be included in or combined with discarded materials placed in generator’s, owner’s or responsible party’s collection containers. Owners shall educate responsible parties and tenants of this requirement.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.150 Transportation of discarded materials.

In addition to any state or federal requirements, no discarded materials or hazardous waste of any kind or nature shall be removed and carried on or along the streets and alleys of the City by any person, including collection contractor and household hazardous waste contractor, except when the same is carried, conveyed or hauled in any truck, vehicle or trailer so constructed as to be absolutely dustproof and leakproof, and so arranged as not to permit dust, debris or other matter to sift through, leak onto or fall upon the streets and alleys. The contents of such truck, vehicle or trailer must be further protected with appropriate covers so as to prevent the same from being blown upon the streets, alleys and adjacent lands.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.160 Vehicle maintenance – Collection contractor and household hazardous waste contractor.

Every truck, vehicle or trailer used by collection contractor or household hazardous waste contractor in the collection of discarded materials shall be kept well painted, clean inside and out.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.170 Emergency removal of materials.

Nothing in this chapter shall be deemed to prohibit the emergency removal and hauling by any person other than the collection contractor of materials considered by the health officer or an officer of the Police Department to constitute a health menace of such a nature as necessary when ordered by either of the officers to be promptly removed.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.180 Street sweeping – Contract – Contents.

Collection contractor shall provide street sweeping services on City residential streets and on City streets located in business districts and major arterials at a regular frequency as provided in the collection contractor’s contract with the City.

Collection contractor shall provide all owners or responsible parties of all premises in the City reasonable notice of the schedule when street sweeping will occur in specified areas of the City. Such notice shall be provided to owners or responsible parties at least annually and upon a change in ownership or responsible party, as set forth in the contract.

The City Council, by resolution, shall have the power to provide for the inclusion in the contract such terms as it deems necessary to protect the interest of the City, including, but not limited to, hours and days of operation, reporting requirements and notice provisions, the violation of which shall be deemed a breach of contract and/or a violation of the Vacaville Municipal Code and may be enforced pursuant thereto.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.190 Street sweeping – Owner/responsible party/occupant obligations.

Owners, responsible parties and occupants of premises shall remove all automobiles and other items under their ownership and/or control from the streets in the vicinity of their premises on the dates and during the times when street sweeping is scheduled to occur, subject to the rules and procedures set forth by collection contractor and approved by the City Council.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.200 Billing – Collection services and delinquent accounts.

A. Collection contractor shall bill owners or responsible parties for discarded materials collection services. For single-family premises, all charges due by owner or responsible party shall become delinquent if not paid within 90 days after the billing date. For multifamily residential premises and commercial premises, all charges due by owner or responsible party shall become delinquent if not paid by responsible party 30 days after the billing date.

B. If the bill becomes delinquent, the collection contractor may assess a late charge set by the collection contractor not to exceed the maximum amount approved by resolution by the City Council. Contractor must provide owners or responsible parties with delinquent accounts with written notice of its intent to assess late fees at least 15 days prior to such assessment. If the bill is paid within 15 days of the delinquency notice date, collection contractor may not assess the late charge.

C. If an account is delinquent and if approved through the collection contractor’s franchise agreement, collection contractor may reduce the owner or responsible party’s level of solid waste collection service and may discontinue recyclable materials, organic materials, and on-call residential clean up collection services, until such time the owner or responsible party has paid the collection contractor its collection service bill. After the owner or responsible party has paid its bill(s) for collection services in full, the collection contractor shall restore the owner’s or responsible party’s level of collection service, including return of any collection containers removed, and may charge the owner or responsible party a service interruption fee or container redelivery charge at a rate not to exceed the maximum rate approved by the City. The reduction of service level and reinstatement of service for delinquent accounts shall be subject to procedures and limitations of the collection contractor’s franchise agreement with the City.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.202 Food recovery – Commercial edible food generators.

A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

C. Commercial edible food generators shall comply with the following requirements:

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

2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

4. Allow City’s designated enforcement entity or designated third-party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

c. A record of the following information for each of those food recovery services or food recovery organizations:

i. The name, address and contact information of the food recovery service or food recovery organization.

ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

iii. The established frequency that food will be collected or self-hauled.

iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and amended Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.203 Food recovery – Food recovery organizations and services.

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address and contact information for each commercial edible food generator from which the organization receives edible food.

2. The quantity in pounds of edible food received from each commercial edible food generator per month.

3. The name, address and contact information for each food recovery service that the organization receives edible food from for food recovery.

C. Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the City no later than January 1st of each year the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).

D. In order to support edible food recovery capacity planning assessments or other studies conducted by the county or City, or its designated entity, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within 60 days, unless a shorter time frame is otherwise specified by the City.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.210 Federal and state law controlling.

The provisions of this chapter shall be subject to changes made in any federal or state law enacted concerning solid waste, recyclable materials, organic waste, construction and demolition debris or hazardous waste collection, processing or disposal in and from residential premises or commercial premises within the City limits.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.211 Inspections and investigations by City.

A. City representatives and/or City’s designated entity are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by generators, owners or responsible parties of single-family residential premises, multifamily residential premises and commercial premises, commercial edible food generators, collection contractor, self-haulers, food recovery services, food recovery organizations and other persons and entities subject to this chapter and subject to applicable laws. This section does not allow City to enter the interior of a private residential property for inspection without an owner’s or responsible party’s consent or a court order.

B. Owners or responsible parties of multifamily residential premises and commercial premises shall provide or arrange for access to their premises and/or records during all inspections (with the exception of residential property interiors) and shall cooperate with the City’s representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, review of required records or verification and any additional inspection and investigation practices described in Sections 1.20.091 and 1.20.093, to confirm compliance with any other requirement of this chapter. Failure of owners or responsible parties of multifamily residential premises and commercial premises to provide or arrange for: (1) access to the person’s premises; or (2) access to records for any inspection or investigation is a violation of this chapter.

C. Any records obtained by a City during its inspections and other reviews shall be subject to the provisions, requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D. City representatives and/or its designated entity are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with 14 CCR Division 7, Chapter 12, including receipt of anonymous complaints.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.220 Violations, enforcement, and penalties.

A. Any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of an infraction and shall be punished as provided in Chapters 1.16, 1.20, and 1.28 of this code and the applicable requirements prescribed in 14 CCR Section 18997.2.

B. Violation of any provision of this chapter shall constitute grounds for issuance of a notice to abate the violation and/or assessment of an administrative fine by a City enforcement official or representative following the procedures described in Chapter 1.28 of this code.

C. City enforcement officials and/or their designee (whether an individual or entity) will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program.

D. With the exception of violations of contamination of collection container contents with prohibited container contaminants which will be addressed through noncollection of containers and noticing by the collection contractor, and violations subject to immediate administrative citation, City shall issue a notice to abate violations in accordance with Chapter 1.28 of this code requiring compliance within a maximum of 60 days of issuance of the notice.

E. City may extend the compliance deadlines set forth in a notice to abate violations if it finds that there are extenuating circumstances beyond the control of the noncompliant party that make compliance within the deadlines impracticable, as described in 14 CCR Section 18995.4 including the following:

1. Acts of God such as earthquakes, wildfires, flooding and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or

3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

F. City will conduct inspections, route reviews or waste evaluations and compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter, and if City determines that owner, responsible party, generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service or other entity is not in compliance, it may provide educational materials to the entity describing its obligations under this chapter during 2022 and 2023 and a notice that compliance is required, rather than issuance a notice of violation and assess penalties. Commencing January 1, 2024, violations may be subject to administrative civil penalties.

(Ord. 1969, Repealed and Replaced, 08/24/2021)

8.08.230 Effective date.

This chapter shall be effective commencing on January 1, 2022.

(Ord. 1969, Repealed and Replaced, 08/24/2021)