CHAPTER 3. SOLID WASTE AND RECYCLING

Article 1. General Provisions

5-3.101 Definitions.

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

a. Garbage means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

b. Refuse means putrescible animal and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, accumulations of filth or decaying animal excrement, dead animals, abandoned automobiles and solid market and industrial wastes.

c. Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, wood, glass, bedding, non-composted yard clippings, crockery and similar materials.

d. Recyclable materials means any paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, and any other recyclable material, including yard trimmings and other material suitable for home composting, which has been segregated from other waste material by means of placing such material in separate containers, by binding such material separately from other waste material or by other such physical separation from other waste material.

e. Solid waste means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes, although no hazardous waste as defined in section 66714.8 of the Government Code shall in any instance be considered solid waste.

f. Compost means the sanitary collection and maintenance of decaying vegetative material in a bin or other collection device for purposes of producing fertilizer for non-commercial purposes.

g. Designated recyclable materials shall mean recyclable materials which are subject to a City franchise agreement.

h. Non-designated recyclable materials shall mean recyclable materials which are not subject to a City franchise agreement. (4200, as amended by §1, Ord. 1278, eff. May 26, 1976; by §1, Ord. 1721, eff. 7/28/89; and by §1, Ord. 1734, eff. 1/5/90)

5-3.102 Garbage Receptacles.

It shall be the duty of every person owning or controlling any dwelling, flat, boardinghouse, lodginghouse, restaurant, hotel, apartment, eatinghouse or place of business where food is sold for human consumption, either on or off the premises, to provide and maintain at all times in a place easily accessible to the garbage collector, and where it will not be a public nuisance or in any degree offensive, a watertight plastic or metallic can or metal-lined box, with suitable bail or handles, and a tight-fitting cover, having a capacity of not less than ten nor more than sixty gallons, in which shall be placed all garbage accumulated on the premises. However, persons living in the same apartment house may use a single garbage receptacle in common. (4201; by §1, Ord. 1721, eff. 7/28/89; and by §1, Ord. 1734, eff. 1/5/90)

5-3.103 Burning and Burying Garbage.

It is unlawful for any person to burn or bury any garbage in any yard or open space within the City. (4202, by §1, Ord. 1721, eff. 7/28/89; and by §1, Ord. 1734, eff. 1/5/90)

5-3.104 Refuse on Occupied Private Property.

No person shall throw or deposit refuse on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that refuse will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. (4203, by §1, Ord. 1721, eff. 7/28/89; and by §1, Ord. 1734, eff. 1/5/90)

5-3.105 Duty of Owner to Maintain Property.

The owner or person in control of any private property shall at all times maintain the premises free of refuse. However, this section shall not prohibit the storage of refuse in authorized private receptacles for collection nor shall it prevent the maintenance of home composting for the purpose of recycling yard debris and kitchen refuse in a manner which does not promote or result in any unsanitary condition or foul odor. (4203, by §1, Ord. 1721, eff. 7/28/89; and by §1, Ord. 1734, eff. 1/5/90)

5-3.106 Refuse on Vacant Lots.

No person shall throw or deposit refuse on any open or vacant private property within the City, whether owned by such person or not. (4205, by §1, Ord. 1721, eff. 7/28/89; and by §1, Ord. 1734, eff. 1/5/90)

5-3.107 Removal of Refuse from Private Property.

a. Notice to Remove. The Community Development Director is hereby authorized and empowered to notify the owner of any open or vacant private property within the City, or the agent of such owner, to properly dispose of refuse located on such owner's property which refuse is dangerous to the public health, safety or welfare. Such notice shall be by registered mail, addressed to the owner at his last known address.

b. Notice Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of refuse dangerous to the public health, safety or welfare within ten (10) days after receipt of written notice as provided for in subsection a of this section, or within thirty (30) days after the date of such notice in the event the same is returned to the Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Community Development Director is hereby authorized and empowered to pay for the disposing of such refuse or to order its disposal by the City.

c. Charge Included in Tax Bill. When the City has effected the removal of such dangerous refuses or has paid for its removal, the actual cost thereof, plus reasonable overhead charges as determined by the Community Development Director, plus accrued interest at the rate of six percent (6%) per annum from the date of the completion of the work if not paid, shall be charged to the owner of the affected property and shall constitute a special assessment against the property to be collected in the manner provided by law for the collection of municipal taxes. (4206, as amended by §§1 & 2, Ord. 840, eff. 6/17/66; by §15, Ord. 1143, eff. 8/30/72; by §1, Ord. 1721, eff. 7/28/89; and by §1, Ord. 1734, eff. 1/5/90; and by §1, Ord. 1746, eff. August 10, 1990)

Article 2. Collection of Garbage and Refuse

5-3.201 Collection Contract.

The Council may enter into an agreement with any person granting to such person the exclusive right and privilege of altering, shredding, compacting, processing, moving, removing, collecting, purchasing, selling and/or transporting and/or disposing of any and all garbage, refuse and/or rubbish produced, excluding recyclable materials, kept and/or accumulated either on private or public property within the City limits upon such terms and conditions as the Council may from time to time determine to be in the best interests of the City, and in such event it shall be unlawful for any person other than the contractor to alter, shred, compact, process, move, remove, collect, purchase, sell and/or transport and/or dispose of any and all garbage, refuse and/or rubbish produced, excluding recyclable materials, kept and/or accumulated within the City limits for compensation of any kind.

Notwithstanding the above, any person who produces garbage, refuse and/or rubbish may reduce the volume thereof on his premises, providing no compensation of any kind is paid for such service, and further providing that the containers into which it is deposited are first approved by the City's contractor. (Ord. 722, eff. 4/17/1964; §1, Ord. 1209, eff. 5/8/1974; §1, Ord. 1721, eff. 7/28/1989; §2, Ord. 1746, eff. 8/10/1990)

Article 3. Collection of Recyclable Materials

5-3.301 General.

The City Council finds that the cost of disposing solid waste in landfill disposal sites has increased dramatically, and it is anticipated that costs will continue to rise unabated. The City Council finds that recycling solid waste materials significantly reduces the cost of disposing of solid waste and also reduces the cost of manufacturing goods produced from recycled waste materials. The City Council finds that it is in the best interest of the people of Walnut Creek to institute wide-scale recycling of recyclable materials in Walnut Creek. The Council finds that much of the waste generated in Walnut Creek can be effectively segregated and recycled, thus controlling and reducing the cost of waste disposal to Walnut Creek residents as well as making recyclable materials available for re-use and remanufacture. (§1, Ord. 1721, eff. 7/28/89; §1, Ord. 1734, eff. 1/5/90)

5-3.302 Collection Services. Fee Imposed.

Pursuant to the provisions of Government Code section 66755 et seq, the City Council shall have the power to determine the manner in which recycling services are to be provided to residents and businesses in Walnut Creek. The Council shall determine by resolution any reasonable fee to be imposed on and collected from residents and businesses served by designated recyclable material collection programs provided by the City or City contractors and the manner in which that fee is to be collected. The City may contract with the County tax collector to have any such fee collected by the tax collector along with other fees so collected. (§1, Ord. 1721, eff. 7/28/89; §1, Ord. 1734, eff. 1/5/90)

5-3.303 Collection Contract.

The Council may enter into an agreement with any person granting to such person the exclusive right and privilege of collecting, processing, and marketing designated recyclable materials from designated collection locations within the City limits upon such terms and conditions as the Council may from time to time determine to be in the best interests of the City, and consistent with the provisions of state law and in such event it shall be unlawful for any person other than the contractor to collect, process, or market designated recyclable materials from designated collection locations within the City limits. The Council shall have the right to enter into separate agreements pertaining to the collection of designated residential, commercial and construction recyclable materials.

Individual businesses and residents may enter into private agreements for the collection of non-designated recyclable materials. Any such private agreement shall provide for termination at such time as the previously non-designated recyclable material becomes, as a consequence of a City franchise, designated recyclable material. (§1, Ord. 1721, eff. 7/28/89; Ord. 1734, eff. 1/5/90)

Article 4. Permitting of Commercial Recycling Transporters (Repealed)*

*Article 4 of Chapter 3 of Title 5 repealed in its entirety by §1, Ord. 1900, eff. 2/20/97.

(§1, Ord. 1807, eff. 11/26/92; §1, Ord. 1839, eff. 5/19/94; §1, Ord. 1900, eff. 2/20/97.)

Article 5. Joint Powers Authorities.

5-3.501 Joint Powers Authorities.

Notwithstanding any other provision of this chapter to the contrary, the Council may, pursuant to agreements entered into pursuant to Government Code §§6500 et seq., agree that any power it has under this Code, or state law relating to the collection or disposal of solid waste or recyclables may be exercised by the joint powers entity created by the agreement. (§1, Ord. 1865, eff. 8/17/95.)

5-3.502 Adoption by Reference of Solid Waste Authority Ordinance.*

The Central Contra Costa Solid Waste Authority Board, an agency of the State of California within the meaning of Government Code Section 50022.1, has adopted Ordinance No. 97-01 regulating solid waste, green waste, and recyclable material collection, processing, disposal and litter, and this ordinance is a code within the meaning of Government Code Section 50022.2. Certified copies of this ordinance are and have been on file with the City Clerk where they are open to public inspection, as required by Government Code Section 50022.3. Ordinance No. 97-01 is hereby referred to and adopted by this reference as part of this City of Walnut Creek ordinance and the Walnut Creek Municipal Code, as provided for in Government Code Section 50022.2. (§1, Ord. 1918, eff. 2/5/98.)

* During the time that Municipal Code Section 5-3.502 is in force and effect, the provisions of Article 1, Article 2 and Article 3 of Chapter 3 of Title 5 of the Municipal Code (commencing with Sections 5-3.101, 5-3.201 and 5-3.301, respectively) shall be suspended and not in force.

(§3, Ord. 1918, eff. 2/5/98.)

5-3.503 Penalties.

Any person who violates any provision of Section 5-3.502 shall be guilty of a misdemeanor or an infraction.

a. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in Section 1-2.01 of this Code.

b. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six months, or by a fine not exceeding $1000.00, or by both fine and imprisonment. (§2, Ord. 1918, eff. 2/5/98.)

Article 6. Construction Debris Recycling.

5-3.601 Definitions.

For the purposes of this article, the following definitions shall apply:

a. Applicant means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake construction, demolition, or renovation projects within the City.

b. Certified C&D recovery facility means any disposal facility certified by the CCCSWA to recover at least sixty-five percent (65%) or more of recyclable materials from C & D disposal.

c. Compliance officer means the Community Development Director or his or her designee.

d. Construction means the building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure.

e. Construction and demolition debris or C&D debris means used or discarded materials removed from premises during grading operations or during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, residential or commercial building or other structure.

f. Conversion factor means the value set forth in the standardized volume-to-weight conversion table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan.

g. Covered project shall have the meaning set forth in Section 5-3.602(a).

h. Deconstruction means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.

i. Demolition means the destructing, disassembling, decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

j. Divert means to use material for any purpose other than disposal in a landfill.

k. Disposal facility means any facility permitted to receive solid waste, recyclable, or reusable waste materials.

l. Diversion requirement means redirection from the waste stream of at least sixty-five percent (65%), or the amounts, criteria and requirements specified in the Green Building Code for the City of Walnut Creek, whichever is the more restrictive, of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to Section 5-3.605, in which case the diversion requirement shall be the maximum feasible diversion rate established by the compliance officer for the project.

m. Noncovered project shall have the meaning set forth in Section 5-3.602(b).

n. Project means any activity which requires an application for a building, site development, grading or demolition permit, or any similar permit, from the City.

o. 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.

p. Renovation means any change, addition, or modification in an existing structure.

q. Reuse means further or repeated use of materials in their original form.

r. Salvage means the controlled removal of construction or demolition debris from a permitted building, site development, grading, or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

s. Total costs means the total construction value of the project using standard commercial and residential valuation formulas.

t. Waste management plan (WMP) means a completed form, approved by the City for the purpose of compliance with this article, submitted by the permit applicant for any covered project pursuant to Section 5-3.603.

u. Waste management report (WMR) means a completed form, approved by the City for the purpose of compliance with this article, submitted by the permit holder for any covered project and completed pursuant to Section 5-3.606. (§2, Ord. 1976, eff. 1/1/01; §2, Ord. 2088, eff. 7/1/10; §2, Ord. 2094, eff. 1/1/11; §3, Ord. 2120, eff. 1/2/14; §3, Ord. 2159, eff. 1/1/17)

5-3.602 Threshold for Covered Projects.

a. Covered Projects. All private and public construction, demolition, and renovation projects within the City, meeting one (1) or more of the following, shall comply with this article:

1. The total costs of the project are projected to be greater than or equal to fifty thousand dollars ($50,000.00); or

2. The project involves the construction or renovation of floor area greater than or equal to one thousand (1,000) square feet; or

3. The project includes demolition of a horizontal, vertical or sloping surface area greater than or equal to three hundred (300) square feet; or

4. The project is subject to the criteria and requirements specified in the Green Building Code for the City of Walnut Creek.

For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on a single or adjoining parcel, as determined by the compliance officer, shall be deemed a single project.

b. Noncovered Projects. All other projects within the City that have not met the threshold for covered projects shall be considered noncovered projects. Applicants for construction, demolition, and renovation projects within the City which are not covered projects shall be encouraged to divert as much project-related construction and demolition debris as possible.

c. Building, Site Development, Grading, and Demolition Permits. No building, site development, grading, or demolition permit shall be issued for a covered project unless and until the compliance officer has approved a WMP for the project. Compliance with the provisions of this article shall be listed as a condition of approval on any building, site development, grading, or demolition permit issued for a covered project. (§2, Ord. 1976, eff. 1/1/01; §2, Ord. 2088, eff. 7/1/10; §2, Ord. 2094, eff. 1/1/11; §3, Ord. 2120, eff. 1/2/14)

5-3.603 Submission of Waste Management Plan (WMP).

a. WMP Form. Prior to the issuance of a building, site development, grading, or demolition permit involving any covered project, the applicant shall complete and submit a WMP. The WMP form shall identify (1) all C&D debris that will be generated for disposal and recycling, and (2) all disposal facilities that will receive the C&D debris.

b. Required Use of Certified C&D Recovery Facility. In order to be counted toward the diversion requirement, C&D waste must be taken to a certified C&D recovery facility. The City shall make available to each applicant a current list of certified C&D recovery facilities.

c. Deconstruction. In preparing the WMP, applicants for building, site development, grading, or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to being transported for disposal to a recycling center, transformation facility, or landfill.

d. Emergency Demolition. Submittal of a WMP is not required when the City determines an emergency demolition is required to protect the health, safety or welfare of the public. (§2, Ord. 1976, eff. 1/1/01; §2, Ord. 2088, eff. 7/1/10)

5-3.604 Review of Waste Management Plan (WMP).

a. Approval. Notwithstanding any other provision of this code, no building, site development, grading, or demolition permits shall be issued for any covered project, nor shall any demolition, construction or renovation take place on any covered project, unless and until the compliance officer has approved the WMP. The compliance officer shall only approve a WMP if he or she first determines that the WMP provides all of the information set forth in Section 5-3.603.

If the compliance officer determines that the WMP provides all of the information set forth in Section 5-3.603, then he or she shall mark the WMP "approved" and return a copy of the WMP to the applicant.

b. Nonapproval. If the compliance officer determines that the WMP is incomplete, then he or she shall either:

1. Return the WMP to the applicant marked "denied," including a statement of reasons; or

2. Return the WMP to the applicant marked "further explanation required," including a statement of reasons. (§1 Ord. 1976, eff. 1/1/01; §2, Ord. 2088, eff. 7/1/10)

5-3.605 Infeasibility Exemption.

a. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP required by Section 5-3.603. Increased costs to the applicant will not be a sufficient basis for an exemption, unless such costs are extraordinary. The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

b. Meeting with Compliance Officer. The compliance officer shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. The compliance officer may request the staff from the Central Contra Costa Solid Waste Authority attend this meeting or may require the applicant to request a separate meeting with Central Contra Costa Solid Waste Authority staff. Based on the information supplied by the applicant and, if applicable, Central Contra Costa Solid Waste Authority staff, the compliance officer shall determine whether it is possible for the applicant to meet the diversion requirement.

c. Granting of Exemption. If the compliance officer determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The compliance officer shall return a copy of the WMP to the applicant marked "approved for infeasible exemption."

d. Denial of Exemption. If the compliance officer determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a WMP form in full compliance with Section 5-3.603. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 5-3.603, the compliance officer shall deny the WMP and return the WMP to the applicant marked "denied," including a statement of reasons. (§2, Ord. 1976, eff. 1/1/01; §2, Ord. 2088, eff. 7/1/10)

5-3.606 Submission of Waste Management Report (WMR).

a. WMR Form. Within thirty (30) days after the completion of any covered project, the permit holder shall submit a WMR to the compliance officer that proves that the covered project has met the diversion requirement. This WMR shall include all of the following:

1. Receipts from each certified C&D recovery facility and other disposal facility for each type of material collected or received that show the actual weight or volume of material; and

2. A summary of the total weights of each material collected or received from the receipts in subsection (a)(1) of this section. Receipts based upon volume shall be converted to weight using City-approved conversion factors; and

3. Any additional information that the permit holder believes is relevant to determining his or her efforts to comply in good faith with this article.

b. Weighing of Wastes. The permit holder shall make reasonable efforts to ensure that all C&D debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the permit holder shall use the standardized conversion factors approved by the City for this purpose. (§2, Ord. 2088, eff. 7/1/10)

5-3.607 Compliance with WMR.

The compliance officer shall review the information submitted under Section 5-3.606(a) and determine whether the permit holder has complied with the diversion requirement, as follows:

a. Full Compliance. If the compliance officer determines that the permit holder has fully complied with the diversion requirement applicable to the project, he or she shall indicate such compliance on the WMR.

b. Good Faith Effort to Comply. If the compliance officer determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the permit holder has made a good faith effort to comply with this article. In making this determination, the compliance officer shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the permit holder to divert C&D debris. If the compliance officer determines that the permit holder has made a good faith effort to comply with this article, he or she shall so indicate on the WMR.

c. Noncompliance. If the compliance officer determines that the permit holder has not made a good faith effort to comply with this article, or if the permit holder fails to submit the documentation required by Section 5-3.606(a) within the required time period, then the permit holder shall be in violation of this article and be liable for a civil penalty, in addition to any other remedy provided by this article. No certificates of occupancy or other permits or approvals relating to the project site shall be issued by the City until the civil penalty has been paid in full. (§2, Ord. 1976, eff. 1/1/01; §2, Ord. 2088, eff. 7/1/10. Formerly 5-3.606)

5-3.608 Administrative Fee.

As a condition precedent to the issuance of any permit for a covered project, the applicant shall pay the City a fee to compensate the City for staffing expenses incurred in administering the provisions of this article. The fee shall be per the City of Walnut Creek's fees and charges, as adopted by the City Council from time to time. (§2, Ord. 2088, eff. 7/1/10)

5-3.609 Enforcement

a. Criminal Penalties. Any person who violates any provision of this article, including but not limited to noncompliance with a WMR, shall be guilty of an infraction. The penalty upon conviction of such person shall be a fine as set forth in Section 1-2.01.

b. Civil Penalties. Any person who violates any provision of this article, including but not limited to noncompliance with a WMR, shall be liable to the City for a civil penalty of one thousand dollars ($1,000.00) or one percent (1%) of the total cost of the project, whichever is greater. The compliance officer may, in his or her sole discretion, reduce the amount of the civil penalty in the event of mitigating circumstances.

c. Cumulative Remedies. The foregoing remedies shall be deemed nonexclusive, cumulative and in addition to any other remedy the City may have at law or in equity, including but not limited to injunctive relief to prevent violations of this chapter. (§2, Ord. 1976, eff. 1/1/01; §2, Ord. 2088, eff. 7/1/10. Formerly 5-3.607)