Ordinance 22-02 ORDINANCE NO. 22-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA AMENDING AND RESTATING CHAPTER 16.05 (SOLID
WASTE COLLECTION AND DISPOSAL) OF THE CITY OF EASTVALE
MUNICIPAL CODE
WHEREAS, the California Integrated Waste Management Act of 1989 (California Public
Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced
from time to time), requires cities and counties to reduce, reuse, and recycle (including
composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before
any incineration or landfill disposal of waste, to conserve water, energy, and other natural
resources, and to protect the environment; and
WHEREAS, Assembly Bill 341 of 2011 amended the California Integrated Waste
Management Act of 1989 to place requirements on businesses and Multi-Family property owners
that generate a specified threshold amount of Solid Waste to arrange for recycling services and
require the City to implement a Mandatory Commercial Recycling program; and
WHEREAS, Assembly Bill 1826 of 2014 amended the California Integrated Waste
Management Act of 1989 to require businesses and Multi-Family property owners that generate
a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange
for recycling services for that waste, require the City to implement a recycling program to divert
Organic Waste from businesses subject to the law, and require the City to implement a
Mandatory Commercial Organics Recycling program; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, amended
the California Integrated Waste Management Act of 1989 to require CalRecycle to develop
regulations to reduce organic materials in landfills as a source of methane. The regulations place
requirements on multiple entities including the City, residential households, Commercial
Businesses and business owners, Commercial Edible Food Generators, haulers, Food Recovery
Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste
disposal reduction targets; and
WHEREAS, SB 1383,the Short-lived Climate Pollutant Reduction Act of 2016, requires the
City to adopt and enforce an ordinance or enforceable mechanism to implement relevant
provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by
requiring Commercial Edible Food Generators to arrange to have the maximum amount of their
Edible Food, that would otherwise be disposed, be recovered for human consumption; and
WHEREAS, on October 28, 2020 the City Council approved a "Collection Services
Agreement for the Provision of Residential and Commercial Garbage, Recyclable Materials and
Organic Waste Collection, Recycling, and Disposal Services" with USA Waste of California, Inc.,
the term of which commences on July 1, 2022. This ordinance amends Chapter 16.05 to ensure
consistency with the terms and conditions of the new franchise agreement.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS
FOLLOWS:
SECTION 1: CEQA ENVIRONMENTAL DETERMINATION.
The City Council exercises its independent judgment and finds that this ordinance is not
subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15308, which exempts
"actions by regulatory agencies for protection of the environment." This Ordinance is consistent
with the goals of California State Assembly Bills 939, 341, and 1826, and Senate Bill 1383.
SECTION 2. AMENDMENT TO CHAPTER 16.05, "SOLID WASTE COLLECTION AND
DISPOSAL"
Chapter 16.05, Solid Waste Collection and Disposal, is hereby amended in restated in its
entirety as set forth in Exhibit A.
SECTION 3. MODEL WATER EFFICIENT LANDSCAPING ORDINANCE REQUIREMENTS
The following Section 14.25.120 is hereby added to Chapter 17.276 (Water-Efficient
Landscapes):
"14.24.120 Landscape Design Plan
As applicable, all persons and/or entities subject to the State Model Water Efficient Landscape
Ordinance (23 CCR, Division 2, Chapter 2.7) shall comply with Sections 492.6(a)(3)(B), (C), (D), and
(G), of the State Model Water Efficient Landscape Ordinance, as amended September 15, 2015,
and as it may be amended in the future."
SECTION 4. AMENDMENTS TO CHAPTER 4.06 (PURCHASING OF GOODS AND
SERVICES; DISPOSITION OF SURPLUS SUPPLIES AND EQUIPMENT)
The following Section 4.06.130 is hereby added to Chapter 4.06 (Purchasing of Goods and
Services; Disposition of Surplus Supplies and Equipment)
"4.06.130 Recovered Organic Material Product Procurement and Recycled-Content Paper
Procurement
A. All City departments, and direct service providers to the City, as applicable, must
comply with the City's Recovered Organic Material Produce and Recycled-Content Paper
Procurement Policy, as amended.
B. All vendors providing paper products and printing and writing paper shall:
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1. If fitness and quality are equal, provide recycled-content paper products
and recycled-content printing and writing paper that consists of at least 30 percent, by
fiber weight, postconsumer fiber instead of non-recycled products whenever recycled
paper products and printing and writing paper are available at the same or lesser total
cost than non-recycled items or at a total cost of no more than one percent (1%) of the
total cost for non-recycled items.
2. Provide paper products and printing and writing paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal Regulations
(CFR) Section 260.12.
3. Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the paper products and printing and writing paper offered or
sold to the City. This certification requirement may be waived if the percentage of
postconsumer material in the paper products, printing and writing paper, or both can be
verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, on invoices or receipts provided,that the paper products
and printing and writing paper offered or sold to the City is eligible to be labeled with an
unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section
260.12 (2013).
5. Provide records to the City's recordkeeping designee, of all paper products and printing
and writing paper purchases (both recycled-content and non-recycled content, if any is
purchased). Records shall include a copy (electronic or paper) of the invoice or other
documentation of purchase, written certifications as required in this Section, quantity purchased,
date purchased, and recycled content (including products that contain none), and if non-recycled
content paper products or printing and writing papers are provided, include a description of why
recycled-content paper products or printing and writing papers were not provided."
SECTION 5. SEVERABILITY
If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this
ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have adopted this ordinance, and each
chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after its final passage by the City Council.
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SECTION 7. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within
fifteen (15) days after its passage in a newspaper of general circulation and circulated within the
City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be
published in the manner required by law using the alternative summary and posting procedure
authorized under Government Code Chapter 39633(c).
PASSED, APPROVED AND ORDAINED this 9 day of February, 2022.
Todd Rigby
Mayor Pro Tern
APPROVED AS TO FORM: ATTEST:
�Vr
Erica Vega Marc A. Donohue
City Attorney City Clerk/Communications Director
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do
hereby certify that the foregoing Ordinance No. 22-02 was duly introduced at a meeting of the
City Council of the City of Eastvale, California, on the 26th day of January, 2022, and was passed
by the City Council of the City of Eastvale, California, at a regular meeting held on the 9th day of
February, 2022, by the City Council of the City of Eastvale, California, by the following vote:
AYES: Councilmembers Dinco, Plott, Yow, Mayor Pro Tern Rigby and Mayor Lorimore
NOES:
ABSTAIN:
ABSENT:
IA4VP
Marc A. Donohue, MMC
City Clerk/Communications Director
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EXHIBIT A
"Chapter 16.05 SOLID WASTE COLLECTION AND DISPOSAL
ARTICLE I. GENERAL PROVISIONS
ARTICLE II. SOLID WASTE MANAGEMENT
ARTICLE III. FRANCHISES
ARTICLE IV. SELF-HAULING
ARTICLE V. NON-ORGANIC RECYCLABLES, GREEN WASTE, AND C&D MATERIALS
ARTICLE VI. ORGANIC WASTE
ARTICLE VII. PROHIBITED ACTS
ARTICLE VIII. ENFORCEMENT
ARTICLE I.— GENERAL PROVISIONS
Sec. 16.05.010. — Purpose; Findings.
Sec. 16.05.020. — Definitions.
Sec. 16.05.010. — Purpose; Findings.
A. Purpose. The management and proper disposal of Solid Waste is a matter of great
importance to the City, its citizens, visitors, property owners and businesses. The City finds that
the public health, safety, and well-being require the generation, accumulation, handling,
collection,transportation, conversion and disposal of Solid Waste be controlled and regulated by
the City through the comprehensive system provided in this Chapter. This Chapter is intended
to ensure Solid Waste Handling Services are readily available, adhere to uniform standards, and
are reliable, clean, and efficient. The City has a strong interest in reducing the harboring and
breeding of rodents and insects, reducing the spread of disease, and preventing pollution and
other unsightly degradation of the environment, which can occur with the improper handling of
Solid Waste and the excess accumulation of Solid Waste.
B. Findings. The City finds and declares:
1. Article XI, § 7 of the California Constitution authorizes cities to make and enforce
within their limits all local, police, sanitary, and other ordinances and regulations
not in conflict with general laws.
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2. The Legislature of the State of California, by enactment of the California Integrated
Waste Management Act of 1989, ("AB 939" or the "Act") (codified at Public
Resources Code §§ 4000 et seq.) established a solid waste management process
that requires cities and other local jurisdictions to adopt and implement plans to
reduce the amount of solid waste generated within their jurisdiction and to
maximize reuse and recycling.
3. AB 939 states that the frequency of solid waste collection, the means of solid
waste collection and transportation, levels of services, charges and fees for
services, and the nature, location and extent of providing solid waste services, are
matters of local concern.
4. AB 939 expressly allows cities to provide solid waste services to its residents by its
own forces or by authorizing a private entity to provide those services.
5. This Chapter implements Article XI, § 7 of the California Constitution and AB 939
in the City of Eastvale and protects public health and safety by authorizing the City
Council to provide solid waste handling service itself or to award one or more
franchises to private entities.
Sec. 16.05.120. - Definitions.
"AB 939" or "Act" means the California Integrated Waste Management Act of 1989, codified in
part at Public Resources Code, §§ 40000 et seq. as it may be amended, and as implemented by
the regulations of CalRecycle or its successor agency.
"Account Holder" means the persons or entities whose name(s) are on a Solid Waste Franchisee's
account for a Premises.
"Authorized Collector" means a private contractor authorized to provide collection services on
behalf of the City through contract, exclusive franchise agreement, or non-exclusive franchise
agreement.
"Bin" means a receptacle, typically between one and six cubic yards, provided by a Solid Waste
Franchisee for the collection of Solid Waste.
"Blue Container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for
the purpose of storage and collection of Source Separated Recyclable Materials or Source
Separated Blue Container Organic Waste.
"Bulky Waste" means Solid Waste that would not typically fit within a Container, including, but
not limited to, furniture, carpets, mattresses, and oversized green material such as tree trunks
and large branches if no larger than two feet in diameter and four feet in length, and similar large
items discarded from a single family dwelling. "Bulky Waste" does not include Covered Electronic
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Devices, such as televisions, radios, computers, monitors, and the like, which are regarded as
Universal Waste, the disposal of which is governed by regulation of the Department of Toxic
Substances Control.
"CalRecycle" means California's Department of Resources Recycling and Recovery, which is the
Department designated with responsibility for developing, implementing, and enforcing SB 1383
Regulations on jurisdictions (and others).
"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR
references are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR"
refers to Title 14 of CCR).
"City" means the City of Eastvale, California, a municipal corporation, and all of the territory lying
within the municipal boundaries of the City as presently existing and all geographic areas which
may be added or annexed to the City.
"City Manager" means a person having that title in the employ of the City of Eastvale, or the City
Manager's designated representative.
"City Premises" means City-owned or operated Premises where Solid Waste is generated or
accumulated.
"Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock
company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial
facility, or a multifamily residential dwelling as defined in 14 CCR Section 18982(a)(6). A Multi-
Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business
for purposes of implementing this Chapter.
"Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food
Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this
definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible
Food Generators.
"Compliance Review" means a review of records by the City to determine compliance with this
Chapter.
"Community Composting" means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in combination, and the total
amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and
750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR
Section 18982(a)(8).
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from
time to time.
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"Compost Facility" means a Solid Waste facility that processes Organic Waste to produce
Compost or mulch.
"Compostable Plastic" means food-service and food-packaging plastic materials or plastic bags
used for collecting organics material that are placed in the Green Container and transported to a
compostable material handling operations or facilities, in-vessel digestion operations or other
facility provided the organic waste processing facility accepts the material and has provided
written notification annually to the City stating that the facility can process and recover that
material for composability, as defined in 14 CCR Section 18984.1(a)(1)(A) for three container
systems, and 18984.2(a)(1)(C) for two container systems.
"Construction and Demolition Material" or "C&D Material" means discarded building materials,
"inert wastes" as defined in Public Resources Code § 41821.3(a)(1) (e.g. rock, concrete, brick,
sand, soil ceramics and cured asphalt), recyclable construction and demolition materials,
packaging, plaster, drywall, rubble resulting from construction, remodeling, repair and
demolition operations, but does not include asbestos-containing materials or Hazardous Waste.
"Container" means any container, regardless of color.
"Container Contamination" or "Contaminated Container" means a container, regardless of color,
that contains Prohibited Container Contaminants, as defined in 14 CCR Section 18982(a)(55).
"Debris Box" means a Container, typically ten to forty cubic yards, provided by a Solid Waste
Franchisee for the collection of Solid Waste that is normally tipped loaded onto a motor vehicle
and transported to an appropriate facility.
"Designee" means an entity that the City contracts with or otherwise arranges to carry out any
of the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee
may be a government entity, a hauler, a private entity, or a combination of those entities.
"Edible Food" means food intended for human consumption, as defined in 14 CCR Section
18982(a)(18). For the purposes of this Chapter as defined in 14 CCR Section 18982(a)(18),
"Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or
in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does
not meet the food safety requirements of the California Retail Food Code.
"Enforcement Action" means an action by the City to address non-compliance with this Chapter
including, but not limited to, issuing administrative citations, fines, penalties, or using other
remedies.
"Enforcement Official" means the city manager or their authorized designee(s) who is/are
partially or wholly responsible for enforcing this Chapter.
"Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated
waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic
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substances or material that facility operator(s), which receive materials from the City and its
generators, 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, waste that cannot be disposed of in Class III landfills or
accepted at the facility by permit conditions, waste that in the City, or its Designee's reasonable
opinion would present a significant risk to human health or the environment, cause a nuisance
or otherwise create or expose the City, or its Designee, to potential liability; but not including
de minimis volumes or concentrations of waste of a type and amount normally found in Single-
Family or Multi-Family 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.
"Food Distributor" means a company that distributes food to entities including, but not limited
to, Supermarkets and Grocery Stores, as defined in 14 CCR Section 18982(a)(22).
"Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.
"Food Recovery" means actions to collect and distribute food for human consumption that
otherwise would be disposed, as defined in 14 CCR Section 18982(a)(24).
"Food Recovery Organization" means an entity that engages in the collection or receipt of
Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the
public for Food Recovery either directly or through other entities as defined in 14 CCR Section
18982(a)(25), 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.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant
to 14 CCR Section 18982(a)(7).
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.
"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
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Recovery, as defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a
Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14
CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food Service Provider" means an entity primarily engaged in providing food services to
institutional, governmental, Commercial, or industrial locations of others based on contractual
arrangements with these types of organizations, as defined in 14 CCR Section 18982(a)(27).
"Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for
the purpose of storage and collection of Gray Container Waste.
"Gray Container Waste" means Solid Waste that is collected in a Gray Container as specified in
14 CCR Sections 18984.1(a) and (b), as defined in 14 CCR Section 17402(a)(6.5). Gray Container
Waste may specifically include carpet, Non-Compostable Paper and textiles.
"Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used
for the purpose of storage and collection of Source Separated Green Container Organic Waste.
"Green Material" and "Yard Waste" means leaves, grass clippings, brush, branches and other
forms of organic materials generated from maintenance or alteration of landscapes or gardens
including, but not limited to, tree trimmings, prunings, brush and weeds and incidental pieces
of untreated scrap lumber. "Green Material" includes holiday trees (except such trees which
are frosted, flocked or which contain tinsel or metal), but does not include stumps or branches
exceeding four inches (4") in diameter or four feet (4') in length, or palm fronds, or yucca,
which are not suitable for composting.
"Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods;
fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately
owned within the store where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, as defined in 14 CCR Section 18982(a)(30).
"Hauler Route" means the designated itinerary or sequence of stops for each segment of the
City's collection service area, as defined in 14 CCR Section 18982(a)(31.5).
"Hazardous Waste" means any waste materials or mixture of wastes defined as a "hazardous
substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act
("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation
and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., the Carpenter-Presley-Tanner Hazardous
Substance Account Act ("HSAA"), codified at California Health & Safety Code §§ 25300 et seq.;
the Electronic Waste Recycling Act of 2003, codified at California Health & Safety Code §§
25214.9et seq. and California Public Resources Code §§ 41516 et seq., laws governing Universal
Waste, all future amendments to any of them, or as defined by CalRecycle or the Department of
Toxic Substances Control, or by their respective successor agencies. If there is a conflict in the
definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste,
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the term "Hazardous Waste" shall be construed to have the broader, more encompassing
definition.
"High Diversion Organic Waste Processing Facility" has the same meaning as defined in 14 CCR
Section 18982(a)(33).
"Household Hazardous Waste" means Hazardous Waste, including Universal Waste or Covered
Electronic Devices, generated at a Single-Family or Multifamily Residential Premises, including
but not limited to dry cell household batteries; cell phones and PDAs; used motor oil; used oil
filters when contained in a sealed plastic bag; cooking oil; compact fluorescent light bulbs
contained in a sealed plastic bag; cleaning products; pesticides; herbicides; insecticides;
painting supplies; automotive products; solvents; stripes; and adhesives; auto batteries; and
Universal Waste generated at a Single-Family or Multifamily Residential Premises.
"Inspection" means a site visit where the City reviews records, containers, and an entity's
collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to
determine if the entity is complying with requirements set forth in this Chapter, as defined in
14 CCR Section 18982(a)(35).
"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.
"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.
"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, as defined
in 14 CCR Section 18982(a)(40).
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"Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to
residential premises with five (5) or more dwelling units. Multi-Family premises do not include
hotels, motels, or other transient occupancy facilities, which are considered Commercial
Businesses.
"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division
2, Chapter 2.7.
"Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic
material that will not breakdown in the composting process, as defined in 14 CCR Section
18982(a)(41).
"Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes
including but not limited to bottles, cans, metals, plastics and glass, as defined in 14 CCR
Section 18982(a)(43).
"Notice of Violation (NOV)" means a notice that a violation of this Chapter has occurred that
includes a compliance date to avoid an action to seek penalties, as defined in 14 CCR Section
18982(a)(45) or further explained in 14 CCR Section 18995.4.
"Organic Waste" means Solid Wastes containing material originated from living organisms and
their metabolic waste products, including but not limited to food, green material, landscape
and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and
Writing Paper, manure, biosolids, digestate, and sludges as defined in 14 CCR Section
18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
Notwithstanding the foregoing definition, Paper Products, Printing and Writing Paper, organic
textiles, and carpets shall not be placed in the Green Container as Source Separated Green
Container Organic Waste (SSGCOW).
"Organic Waste Generator" means a person or entity that is responsible for the initial creation
of Organic Waste, as defined in 14 CCR Section 18982(a)(48).
"Owner" means the persons or entities listed on the last equalized assessment roll as the
owner of a lot or parcel of real property within the City.
"Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping,
packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, as defined in 14
CCR Section 18982(a)(51). Paper Products, when source separated, shall be considered Source
Separated Recyclable Materials.
"Person in Charge" means an Owner, tenant, occupant or other person or persons responsible
for the day to day operation of a Premises.
"Premises" means place where any person resides, or any business is carried on or conducted, or
any other place upon which Solid Waste is generated or accumulated.
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"Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes,
book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters,
index cards, calendars, brochures, reports, magazines, and publications, as defined in 14 CCR
Section 18982(a)(54). Printing and Writing Papers, when source separated, shall be considered
Source Separated Recyclable Materials.
"Prohibited Container Contaminants" means the following: (i) discarded materials placed in the
Blue Container that are not identified as acceptable Source Separated Recyclable Materials for
the City's Blue Container; (ii) discarded materials placed in the Green Container that are not
identified as acceptable Source Separated Green Container Organic Waste for the City's Green
Container; (iii) discarded materials placed in the Gray Container that are acceptable Source
Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to
be placed in the City's Green Container and/or Blue Container; and, (iv) Excluded Waste placed
in any container.
"Recovered Organic Waste Products" means products made from California, landfill-diverted
recovered Organic Waste processed in a permitted or otherwise authorized facility, as defined
in 14 CCR Section 18982(a)(60).
"Recovery" means any activity or process described in 14 CCR Section 18983.1(b), as defined in
14 CCR Section 18982(a)(49).
"Recycled-Content Paper" means Paper Products and Printing and Writing Paper that consists
of at least 30 percent, by fiber weight, postconsumer fiber, as defined in 14 CCR Section
18982(a)(61).
"Remote Monitoring" means the use of the internet of things (loT) and/or wireless electronic
devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for
purposes of identifying the quantity of materials in containers (level of fill) and/or presence of
Prohibited Container Contaminants.
"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for
on-premises or immediate consumption, as defined in 14 CCR Section 18982(a)(64).
"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, as defined in 14 CCR Section 18982(a)(65).
"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016,
which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code,
and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in a Statewide effort to
reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and
replaced from time to time.
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"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this
Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by
CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended
portions of regulations of 14 CCR and 27 CCR.
"Self-Hauler" means a person, who, in compliance with all applicable requirements of the City
Code, hauls Solid Waste, Organic Waste or recyclable material he or she has generated directly
to the appropriate facility, as required by this Chapter.
"Self Haul Permit" means a permit issued by the City to Self Hauler under this Chapter.
"Self Haul Permitee" means a person who has received a Self Haul Permit.
"Single-Family" means of, from, or pertaining to any residential premises with fewer than five
(5) units.
"Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191.
Solid Waste includes, but is not limited to, Gray Container Waste, Non-Organic Recyclables, and
Organic Waste.
"Solid Waste Enterprise" means any individual, partnership,joint venture, unincorporated
private organization, or private corporation, which is regularly engaged in the business of
providing Solid Waste Handling Services.
"Solid Waste Franchisee" means a Solid Waste Enterprise that has been granted the right and
privilege by the City in accordance with a franchise agreement by and between the Solid Waste
Enterprise and the City, or by operation of law, to perform one or more Solid Waste Handling
Services within the City or a portion thereof.
"Solid Waste Handling Services" means the collection, transportation, processing, recycling,
composting, conversion, retention and disposal of solid waste, construction and demolition
materials, bulky waste, Household Hazardous Waste, and/or Universal Waste.
"Source Separated" means materials, including commingled recyclable materials, that have
been separated or kept separate from the Solid Waste stream, at the point of generation, for
the purpose of additional sorting or processing those materials for recycling or reuse in order to
return 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, as defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter,
Source Separated shall include separation of materials by the generator, property owner,
property owner's employee, property manager, or property manager's employee into different
containers for the purpose of collection such that Source Separated materials are separated
from Gray Container Waste or other Solid Waste for the purposes of collection and processing.
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"Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes
that can be placed in a Blue Container that is limited to the collection of those Organic Wastes
and Non-Organic Recyclables as defined in Section 18982(a)(43), as defined by Section
17402(a)(18.7).
"Source Separated Green Container Organic Waste" means Source Separated Organic Waste
that can be placed in a Green Container that is specifically intended for the separate collection
of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste,
carpets, Non-Compostable Paper, and textiles.
"Source Separated Recyclable Materials" means Source Separated Non-Organic Recyclables and
Source Separated Blue Container Organic Waste.
"Spilled" means deposited, released, spilled, leaked, pumped, poured, emitted, emptied,
discharged, injected, dumped or disposed into the environment, or which otherwise has come
to be located outside an authorized container. The term "disposed into the environment" shall
include, but is not limited to, the abandonment or discarding of barrels, bags, cans and other
closed receptacles containing solid waste.
"State" means the State of California.
"Supermarket" means a full-line, self-service retail store with gross annual sales of two million
dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood
items and some perishable items, as defined in 14 CCR Section 18982(a)(71).
"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.
"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.
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(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.
"Universal Waste" means and includes, but is not limited to, Universal Waste Electronic
Devices" or "UWEDs," (i.e., electronic devices subject to the regulation of the Department of
Toxic Substances Control, 23 CCR §§ 66273.1, et seq.), and other Universal Wastes, including,
but not limited to non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps,
sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste,
batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries,
small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries,
carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous
waste), mercury thermometers, and mercury-containing switches.
"Wholesale Food Vendor" means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables) is received,
shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other
destination, as defined in 14 CCR Section 189852(a)(76).
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ARTICLE II.—SOLID WASTE MANAGEMENT
Sec. 16.05.100. —Collection Arrangements or Self-Haul Permit Required.
Sec. 16.05.110. —Containers— Use, Placement for Collection, Storage.
Sec. 16.05.120. —Clean-Up.
Sec. 16.05.130. — Disposal Frequency
Sec. 16.05.100. — Collection Arrangements or Self-Haul Permit Required.
In order to protect the public health, safety, and well-being, and to prevent the spread of
vectors, the Person in Charge of a Premises in the City shall either:
A. Make arrangements with a Solid Waste Franchisee for Solid Waste Handling services,
and keep such arrangement in good standing; or
B. Obtain a Self-Haul permit from the City and abide by the operational standards and all
applicable provisions of this Chapter.
A violation of this Section is a misdemeanor and punishable as provided in Article VII of this
Chapter.
Sec. 16.05.110. — Containers— Use, Placement for Collection, Storage.
A. Use. Every Person in Charge of a Premises shall:
1. Keep on the Premises a sufficient number of Containers to hold all Solid Waste,
including Gray Container Waste, Non-Organic Recyclables, and Organic Waste that
accumulate on the Premises each week without spilling, leaking, or emitting odors.
2. Deposit or cause to be deposited all Solid Waste, including Gray Container
Waste, Non-Organic Recyclables, and Organic Waste generated or accumulated on the
Premises into the proper Containers in accordance with the provisions of this Chapter.
B. Placement for Collection. To minimize interference with public rights-of-way, no person
shall place a Container in a public right-of-way for collection by the appropriate Solid Waste
Franchisee more than 24 hours prior to the normal collection time. Containers placed in a
public right-of-way for collection shall be removed from the right-of-way within 24 hours after
collection.
C. Storage. Except during the time a Container is placed for collection, no Container shall
be visible from the public right of way. No container or item scheduled for bulky item pickup
shall be placed adjacent to a street or public right-of-way for collection more than twelve hours
before the scheduled collection time and shall be removed from the street or right-of-way
location and stored out of public view within twelve hours after the scheduled collection time.
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Sec. 16.05.120. —Clean-Up.
A. Until Solid Waste has been picked up by the appropriate Solid Waste Franchisee, or is
Self-Hauled in accordance with a valid Self Haul Permit, each Person in Charge of a Premises
shall be responsible for the cleanup of any and all Solid Waste generated, accumulated, or
Spilled on the Premises. This cleanup responsibility includes the cleanup of Solid Waste Spilled
for any reason, including but not limited to human or animal interference with a Container,
wind or other natural forces, at any time during storage, collection, removal, or transfer of the
materials.
B. The City's Solid Waste Franchisee(s) shall clean up any Solid Waste Spilled during its
collection, removal, or transfer, as soon as the Spill occurs.
Sec. 16.05.130.— Disposal Frequency.
All Solid Waste accumulating upon a Premises must be disposed of as frequently as required to
avoid an accumulation of Solid Waste in violation of this Chapter, but in no case shall disposal
occur less frequently than one (1) time per week, except that less than weekly disposal may be
permitted during any period of time the Premises is temporarily unoccupied and Solid Waste is
not accumulating on the Premises due to out-of-town travel or other similar situations.
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ARTICLE III. — FRANCHISES
Sec. 16.05.200. — Provision of Solid Waste Handling Service.
Sec. 16.05.210. —Solid Waste Franchises.
Sec. 16.05.220. — Manner, Time and Frequency of Collection
Sec. 16.05.230. — Liability for Solid Waste Collection Fees.
Sec. 16.05.240. —AB 939 Fees.
Sec. 16.05.200.— Provision of Solid Waste Handling Service.
A. The City Council may grant franchises to one or more Solid Waste Enterprises to make
arrangements with the Persons in Charge of Premises within the City for Solid Waste Handling
Services. It shall be a violation of this Chapter for any person to collect Solid Waste or provide
any services related thereto unless such person is an Authorized Collector.
B. The City Council may determine Solid Waste collection services approach and
categories, (e.g., single-family, commercial, construction & demolition materials, household
hazardous waste, Universal Waste, Covered Electronic Devices, recyclable materials, and
others) and may make or impose franchise, license, contract or permit requirements which may
vary for such categories.
Sec. 16.05.210.—Solid Waste Franchises.
The City Council may award exclusive, partially exclusive, or non-exclusive franchises for one or
more types of Solid Waste Handling Services for all or a portion of the Premises in the City. Any
such franchise shall be in the form of a written agreement and shall be subject to all of the
continuation rights, if any, held by any other Solid Waste Enterprise pursuant to Public
Resources Code § 49520 et seq. A franchise may be granted through direct negotiation or a
competitive process, on such terms and conditions as may be agreed to by the city and by the
party or parties receiving the franchise or franchises. Where a franchise agreement is silent on
an issue, the provisions of this Chapter shall govern. To the extent permitted by law, where a
franchise agreement predates the effective date of this Chapter, the provisions of the franchise
agreement shall govern over any inconsistent provisions contained in this Chapter.
Sec. 16.05.220. — Manner, Time and Frequency of Collection.
A. Regular Collection. The City's Solid Waste Franchisee(s) shall make arrangements with
its Account Holders specifying the manner in which Solid Waste Handling Services are to be
regularly provided, subject to the terms of its franchise.
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B. Special Collections. The City's Solid Waste Franchisee(s) may provide on-call collection
of Bulky Waste and Household Hazardous Waste to its Account Holders, and shall provide its
Account Holders with Debris Boxes when requested and collect the Debris Box when the
Account Holder no longer requires the Debris Box. The terms and conditions upon which such
special collections are provided to Account Holders shall be arranged between the Solid Waste
Franchisee and the Account Holder, subject to the terms of the Solid Waste Franchisee's
franchise from the City.
Sec. 16.05.230. — Liability for Solid Waste Collection Fees.
A. Joint and Several Liability. The Owner of a Premises and the Account Holder for a
Premises are jointly and severally liable for Solid Waste Handling Services provided to the
Premises by a Solid Waste Franchisee, including any related fees, charges, and penalties.
B. Delinquencies - Single Family Residential Premises. An Account Holder for a Single
Family Premises who has not remitted required payment for Solid Waste Handling Services
within ninety (90) days after the date of billing shall be notified by the Solid Waste Franchisee
servicing the Premises on forms that contain a statement that if payment is not received within
thirty (30) days from the date of the notice the City will be informed of the delinquency in an
annual report. The Solid Waste Franchisee will deliver a report of the delinquencies by May 1
of each year with a request that the City place the delinquencies on the tax roll.
The City may collect delinquent fees or charges for Solid Waste Handling Services on the
property tax roll for the Premises pursuant to Sections 38790.1 and 25831 of the Government
Code or Health and Safety Code section 5473a. The City may charge a Solid Waste Franchisee
for any and all costs and expenses it incurs in connection with placing delinquencies on the tax
roll. If the City decides to collect delinquent Solid Waste Handling fees or charges on the
property tax roll, it shall adhere to the statutory procedures set forth in Government Code
section 25831 or Health and Safety Code section 5473.1-5473.11.
C. Delinquencies - Commercial Premises and Multi-Family Premises. Solid Waste
Franchisee(s) may discontinue service to a Commercial Premises and Multi-Family Premises, if
the Account Holder of the Commercial Premises or Multi-Family Premises has not remitted
required payment for Solid Waste Handling Services within thirty (30) days after the date of
billing. If a Solid Waste Franchisee terminates service to any non-paying Commercial or Multi-
Family Premises, the Solid Waste Franchisee may require as a condition precedent to re-
establishment of such service, that the Owner of the Premises and the Account Holder must
comply fully with all of the billing policies and practices of the Solid Waste Franchisee,
including, but not limited to, requirement of payment by cash or cash equivalent, prepayment
of one full billing cycle, a security deposit, payment of all costs of collection of monies owed to
the Solid Waste Franchisee, and payment of a reinstatement fee. If a Solid Waste Franchisee
discontinues service for non-payment, the Solid Waste Franchisee shall, upon City request, give
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written notice to the City Manager of any discontinuance of service for nonpayment, giving the
name and address of the Account Holders.
Sec. 16.05.240.—AB 939 Fees.
Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code, Section 41900 et seq.,
the City may impose fees on Solid Waste Franchisees in amounts sufficient to pay the costs of
preparing, adopting, and implementing a countywide integrated waste management plan,
including the costs of preparing, adopting and implementing the City's required Source
Reduction and Recycling Element, Household Hazardous Waste Element, and Nondisposal
Facility Element, and the costs of setting and collecting the fees. Any new or increased AB 939
fees imposed on a Solid Waste Franchisee shall be cause for a corresponding rate adjustment to
the franchisee's then current rate structure.
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ARTICLE IV. —SELF-HAULING
Sec. 16.05.300—Applicability.
Sec. 16.05.310. —Self-Haul Permit
Sec. 16.05.320. —AB 939 Fees
Sec. 16.05.300.—Applicability
Self-Haul Permits are available only to Single-family Premises because Commercial and Multi-
family Residential Premises generate larger volumes of Solid Waste. It would pose an
unwarranted threat to the public health, safety and welfare if the Person in Charge of a
Commercial or Multi-family Premises attempted to Self-Haul the Solid Waste on their Premises
because it is more difficult to transport large volumes of Solid Waste in a manner that is safe
and sanitary. The difficultly posed by Self-Hauling larger volumes of Solid Waste could lead to
increased illegal dumping and burning, failure to segregate Gray Container Waste, Non-Organic
Recyclables, and Organic Waste, and the accumulation of Solid Waste at a Premises for more
than one (1) week.
Sec. 16.05.310. —Self-Haul Permit
A. Permit required. The Person in Charge of a Single-family Premises may apply for and
obtain a permit to Self-Haul, and shall not Self-Haul without a valid Self-Haul Permit issued
pursuant to this section. Every Person in Charge of a Single-family Premises who desires to Self-
Haul in lieu of making arrangements with the appropriate Solid Waste Franchisee for Solid
Waste Handling Services shall obtain a Self-Haul permit from the City's Community Safety
Director or his or her designee prior to commencing Self-Hauling.
B. Term. A permit to Self-Haul shall be good for one calendar year, or such part of the
calendar year that is remaining after the issuance of the permit. All Self-Haul permits shall
expire on December 31, and may be renewed annually. Application for a renewal permit must
be filed at least sixty (60) days prior to the expiration date of the permit to allow adequate time
for processing, inspection and verifications required to issue the permit.
C. Issuance of permit. An applicant for a Self-Haul Permit shall submit a completed
application, on a form approved by the City's Community Safety Director, to the Community
Safety Department. The Community Safety Director or his or her designee shall determine
whether the application is complete within five (5) working days of the receipt of the
application. If the director or his or her designee finds the application incomplete, the applicant
shall be given a list of further information needed to complete the application.
After it is determined that an application for a Self-Haul Permit is complete, the
applicant shall produce the items listed in numbers 1 through 7 below. The Community Safety
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Director or his or her designee shall issue a Self-Haul Permit within five (5) working days of the
production of all of the required items.
1. The applicant produces for inspection the vehicle the applicant intends to use for
Self-Hauling, and the vehicle meets the following standards:
a. The vehicle is capable of safely hauling a minimum of 32 gallons (4.3
cubic feet) of Gray Container Waste, Non-Organic Recyclables, and Organic
Waste in a safe and sanitary manner so that such matter will not Spill;
b. If the vehicle is not fully enclosed, the applicant produces a tarp or other
material that is demonstrated to completely secure the materials being Self
Hauled.
2. The applicant produces evidence that he or she owns or leases the vehicle
produced for inspection or has a written agreement to use the vehicle for Self-Hauling
with the vehicle's owner or lessor;
3. The applicant produces evidence that he or she has a valid California driver's
license to operate the vehicle produced for inspection and that the vehicle is registered
in the State of California;
4. The applicant provides the City with a certificate of automobile insurance for the
vehicle;
5. The vehicle is operational and meets all applicable Vehicle Code standards;
6. The applicant provides the City with proof that the applicant has Containers for
the storage of Gray Container Waste, Non-Organic Recyclables, and Organic Waste on
the applicant's Premises before the materials are hauled to a disposal facility; and
7. The applicant pays the fee for a Self-Haul Permit authorized by resolution of the
City Council. The fee shall reflect the City's reasonable costs of issuing and monitoring
compliance with the permit.
D. Appeal of denial. An applicant whose application for a Self-Haul permit has been denied
may appeal that decision. An appeal may be filed within five (5) days of the date the applicant
was notified of the denial. Appeals shall be heard by the City Manager. The decision of the City
Manager is final.
E. Operational standards.
1. Self-Haul Permittees must dispose of Solid Waste weekly at a licensed or
permitted landfill or disposal facility and shall procure and retain weekly receipts from
such landfill or other disposal facility. Receipts shall be submitted to the City monthly.
Failure to show proof of Solid Waste disposal for each week that a person is permitted
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to Self-Haul shall constitute a public health and safety nuisance sufficient to permit City
to revoke the permittees' Self Haul Permit.
2. Authorized Self-Haulers shall source separate all non-organic recyclable
materials and Organic Waste generated on-site from other Solid Waste in a manner
consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a
High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
3. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility
that recovers those materials; and haul their Source Separated Green Container Organic
Waste to a Solid Waste facility, operation, activity, or property that processes or
recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic
Waste to a High Diversion Organic Waste Processing Facility.
4. Self-Haul Permittees must notify the City of any change in the vehicle being used
to haul Solid Waste by the permittee. Permittees must bring the new vehicle in for an
inspection and demonstrate compliance with items 1 through 5 of paragraph B of this
section before the new vehicle is used to haul any Solid Waste under the permit.
5. Self-Haul Permittee must keep on file with the City copies of the current
automobile insurance and registration for the vehicle used to Self-Haul and the
permittee's current California driver's license. Permittee must provide proof to City of
renewed automobile insurance, vehicle registration, and California driver's license
within five days of expiration of respective document.
6. Failure to show proof of disposal for each week that a person is permitted to
Self-Haul shall constitute a public health and safety nuisance sufficient to permit City to
revoke the permittees' Self Haul Permit.
5. Self-Haul Permittees are liable for any damages and clean-up costs resulting
from any Solid Waste Spills during the course of the permittees' Self Hauling activity.
F. Revocation of permit. The Self-Haul Permit shall be subject to revocation if the
permittee violates any provision of this Chapter. A notice of revocation shall be mailed to the
permittee informing them that their Self-Haul Permit is being revoked, identifying the violations
of this Chapter that have occurred, and informing the permittee that he or she has the right to
dispute the revocation by an appeal to the City Manager. An appeal of a revocation must be
filed within five (5) calendar days of the mailing of notice of the revocation. A revocation appeal
hearing will be scheduled within five (5) days of the date the City receives the request for an
appeal. The City Manager will issue a decision on the appeal within five (5) days of the hearing
and provide the permittee written notice of the decision. The decision of the City Manager on
the appeal shall be final. A person whose Self-Haul Permit has been revoked pursuant to this
Section may not obtain another Self-Haul Permit for one (1) year from the date of the
revocation.
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Sec. 16.05.320. —AB 939 Fees
Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code, Section 41900 et seq.,
the City may impose fees on persons with a Self-Haul permit in amounts sufficient to pay the
costs of preparing, adopting, and implementing a countywide integrated waste management
plan, including the costs of preparing, adopting and implementing the City's required Source
Reduction and Recycling Element, Household Hazardous Waste Element, and Nondisposal
Facility Element, and the costs of setting and collecting the fees.
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ARTICLE V.— NON-ORGANIC RECYCLABLES, GREEN WASTE, AND C&D MATERIALS
Sec. 16.05.400. — Non-Organic Recyclables—Ownership, Right to Dispose.
Sec. 16.05.410. — Landscapers— Disposal of Green Waste.
Sec. 16.05.420. — Licensed Contractors — Disposal of C&D Materials.
Sec. 16.05.430. — Mandatory Commercial/Multifamily Recycling.
Sec. 16.05.400.— Recyclable Materials—Ownership, Right to Dispose.
A. Upon placement by the owner of Non-Organic Recyclables at a designated recycling
collection location, or placement of Non-Organic Recyclables in a Container provided by the
appropriate Solid Waste Franchisee, the Non-Organic Recyclables becomes the property of the
recycler or Solid Waste Franchisee, by operation of state law.
B. Nothing in this Chapter shall limit the right of any person, organization or other entity to
donate, sell or otherwise dispose of any Non-Organic Recyclables segregated from the Solid
Waste stream owned by that person, organization or other entity, provided that the person,
organization or other entity does not pay the buyer or donee any consideration for collecting,
processing or transporting such Non-Organic Recyclables, or a consulting or broker's fee for
recycling services.
Sec. 16.05.410. — Landscapers— Disposal of Green Waste.
Landscapers may collect, transport and compost or dispose of Green Waste without obtaining a
Self-Haul Permit, provided that any such Green Waste is generated by their own specific work
site and transported to a site permitted by CalRecycle or exempt from permitting.
Landscapers shall not contract with a Solid Waste Enterprise to collect, transport and compost
or dispose of Green Waste unless that Solid Waste Enterprise has a franchise from the City to
perform said services.
Sec. 16.05.420.— Licensed Contractors— Disposal of C&D Materials.
Licensed contractors performing work within the scope of their licenses/permits within the City
may collect, transport and dispose or recycle of Construction and Demolition Materials
generated within their own specific work sites, without obtaining a Self-Haul Permit, provided
that the licensed contractor adheres to the standards for disposal of Construction and
Demolition Material provided in the California Green Building Standards Code (California Code
of Regulations Title 24, Part 11). Construction and Demolition Materials must be transported to
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a recycling facility permitted by CalRecycle whenever possible. Landfilling of Construction and
Demolition Materials shall be a last resort.
Licensed contractors shall not contract with a Solid Waste Enterprise or Construction and
Demolition Clean-Up Enterprise to collect, transport and dispose or recycle of Construction and
Demolition Materials unless that Solid Waste Enterprise has a franchise from the City to
perform said services.
Sec. 16.05.430. Mandatory Commercial/Multifamily Recycling.
A. A Commercial Premises that generates four cubic yards or more of Solid Waste per week
shall arrange for recycling services for Non-Organic Recyclables by subscribing to a Solid Waste
Franchisee for the pick-up of Non-Organic Recyclables.
B. A business subject to subsection (a) and that provides customers with access to the
Premises shall provide customers with a Non-Organic Recyclables Container to collect material
purchased on the premises and that fulfills all of the following requirements:
1. Is adjacent to Gray Container Waste container, except in restrooms.
2. Is visible and easily accessible.
3. Is clearly marked with educational signage indicating what is appropriate to place
in the Non-Organic Recyclables Container in accordance with state law and the
City's solid waste ordinances and practices.
Full-service restaurants are exempt from the requirements of this subdivision if the full-service
restaurant, provides its employees a Non-Organic Recyclables Container to collect material
purchased on the premises and implements a program to collect Non-Organic Recyclables.
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ARTICLE VI. —ORGANIC WASTE
Sec. 16.05.500. —Compliance with AB 1826 and SB 1383
Sec. 16.05.510. — Requirements for Single-Family Generators.
Sec. 16.05.520. — Requirements for Commercial Businesses and Multi-Family Dwellings.
Sec. 16.05.530. —Waivers for Generators.
Sec. 16.05.540. — Requirements for Commercial Edible Food Generators.
Sec. 16.05.550. — Requirements for Food Recovery Organizations and Services.
Sec. 16.05.560. — Requirements for Haulers, Facility Operators and Community Composting
Operations.
Sec. 16.05.570. —Compliance with CALGreen Recycling Requirements.
Sec. 16.05.500. Compliance with AB 1826 and SB 1383
Single-Family Premises and Commercial Premises shall comply with the Organic Waste recycling
provisions of AB 1826 and SB 1383, and all regulations associated therewith.
Sec. 16.05.510. Requirements for Single-Family Generators.
Single-Family Organic Waste Generators, except Single-Family generators that meet all
applicable Self-Hauler requirements in this Chapter:
A. Shall subscribe to the City's three-container Organic Waste collection services. The City
shall have the right to review the number, size, and location of a generator's containers to
evaluate adequacy of capacity provided for each type of collection service for proper separation
of materials and containment of materials; and, generator shall adjust its service level for its
collection services as requested by the City.
B. Shall participate in the City's three-container system for Source Separated Recyclable
Materials, Source Separated Green Container Organic Waste, and Gray Container Waste
collection services. Generator participation in the collection programs requires that generators
place only approved materials in the appropriate colored containers:
1. The Gray Container is provided solely for the placement and collection of non-
organic Solid Waste. No Organic Material or Recyclable Material is permitted in
the Gray Container.
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2. The Blue Container is provided solely for the placement and collection of
Recyclable Material. No Source Separated Green Container Organic Waste or non-
Recyclable Material is permitted in the Blue Container.
3. The Green Container is provided solely for the placement and collection of Source
Separated Green Container Organic Waste. No Recyclable Material or non-organic
Solid Waste is permitted in the Green Container.
It shall be unlawful and a violation of this Chapter to place Prohibited Container
Contaminants in a collection container, and may subject the generator of Organic Material to a
contamination processing fee or enforcement action as set forth in this Chapter.
Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City is not
required to replace functional containers, including containers purchased prior to January 1,
2022, that do not comply with the color requirements of this Chapter and the Regulations, prior
to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes
first. Labels will be placed on new containers indicating the primary materials accepted and the
primary materials prohibited in the containers. Until SB 1383 compliant colored containers are
provided (Blue Container, Green Container, and Gray Container),Single-Family Waste Generators
shall comply with the container label requirements.
C. Nothing in this Section prohibits a generator from preventing or reducing waste
generation, managing Organic Waste on site, and/or using a Community Composting site
pursuant to 14 CCR Section 18984.9(c).
Sec. 16.05.520. Requirements for Commercial Businesses and Multi-Family Dwellings.
Commercial Businesses, including Multi-Family Residential Dwellings, shall:
A. Subscribe to the City's three-container Organic Waste collection services. The City shall
have the right to review the number, size, and location of a generator's 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, Commercial Business shall
adjust its service level for its collection services as requested by the City.
B. Participate in and comply with the City's three-container (Blue Container, Green
Container, and Gray Container) collection service by placing designated materials in designated
containers. Generator shall place only approved materials in the appropriate colored containers:
1. The Gray Container is provided solely for the placement and collection of non-
organic Solid Waste. No Organic Material or Recyclable Material is permitted in
the Gray Container.
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2. The Blue Container is provided solely for the placement and collection of
Recyclable Material. No Source Separated Green Container Organic Waste or non-
Recyclable Material is permitted in the Blue Container.
3. The Green Container is provided solely for the placement and collection of Source
Separated Green Container Organic Waste. No Recyclable Material or non-organic
Solid Waste is permitted in the Green Container.
It shall be unlawful and a violation of this Chapter to place Prohibited Container
Contaminants in a collection container, and may subject the generator of Organic Material to a
contamination processing fee or enforcement action as set forth in this Chapter.
Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City is not
required to replace functional containers, including containers purchased prior to January 1,
2022, that do not comply with the color requirements of this Chapter and the Regulations, prior
to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes
first. Labels will be placed on new containers indicating the primary materials accepted and the
primary materials prohibited in the containers. Until SB 1383 compliant colored containers are
provided (Blue Container, Green Container, and Gray Container), Commercial Businesses shall
comply with the container label requirements.
C. Supply and allow access to adequate number, size, and location of collection containers
with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below), for
employees, contractors, tenants and customers, consistent with the City's Blue Container, Green
Container, and Gray Container collection service.
D. Excluding Multi-Family Residential Dwellings, provide containers for the collection of
Source Separated Green Container Organic Waste, and Source Separated Recyclable Materials in
all indoor and outdoor areas where disposal containers are provided for customers,for materials
generated by that business. Such containers do not need to be provided in restrooms. If a
Commercial Business does not generate any of the materials that would be collected in one type
of container, then the business does not have to provide that particular container in all areas
where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b),
the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the
collection service provided by the 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. A Commercial Business is not required to replace
functional containers, including containers purchased prior to January 1, 2022, that do
not comply with the requirements of the subsection prior to the end of the useful life of
those containers, or prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images or both indicating the
primary material accepted and the primary materials prohibited in that container or
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containers with imprinted text or graphic images that indicate the primary materials
accepted and primary materials prohibited in the container. Pursuant 14 CCR Section
18984.8, the container labels are required on new containers commencing January 1,
2022.
E. Multi-Family Residential Dwellings are not required to comply with container placement
requirements or labeling requirement set forth in 14 CCR Section 18984.9(b).
F. To the extent practical through education, training, Inspection, and/or other measures,
excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a
container not designated for those materials per the City's Blue Container, Green Container, and
Gray Container collection service.
G. Excluding Multi-Family Residential Dwellings, periodically inspect Blue Container, Green
Container, and Gray 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).
H. Annually provide information to employees, contractors, tenants, and customers about
Organic Waste Recovery requirements and about proper sorting of Source Separated Green
Container Organic Waste and Source Separated Recyclable Materials.
I. Provide education information before or within fourteen (14) days of new tenants
entering into an Agreement for or requesting collection services from the City's Authorized
Collector, whichever occurs later, that describes requirements to keep Source Separated Green
Container Organic Waste and Source Separated Recyclable Materials separate from Gray
Container Waste (when applicable) and the location of containers and the rules governing their
use at each property.
J. Provide or arrange access for the 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.
K. If implemented, accommodate and cooperate with the City's Remote Monitoring
program for Inspection of the contents of containers for Prohibited Container Contaminants, to
evaluate generator's compliance with this Chapter.
L. Nothing in this Section prohibits a generator from preventing or reducing waste
generation, managing Organic Waste on site, or using a Community Composting site pursuant to
14 CCR Section 18984.9(c).
M. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators
shall comply with Food Recovery requirements of this Chapter.
Sec. 16.05.530. Waivers for Generators.
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A. De Minimis Waivers: The City may, at its discretion or in concert with its Solid Waste
Franchisee, waive a Commercial Business' obligation (including Multi-Family Residential
Dwellings) to comply with some or all of the Organic Waste requirements of this Chapter if the
Commercial Business:
(1) Submits an application specifying the services that they are requesting a waiver
from; and
(2) Provides documentation that either:
(A) The Commercial Business' total Solid Waste collection service is two cubic
yards or more per week and Organic Waste subject to collection in a Blue
Container or Green Container comprises less than 20 gallons per week per
applicable container of the business' total waste; or,
(B) The Commercial Business' total Solid Waste collection service is less than
two cubic yards per week and Organic Waste subject to collection in a Blue
Container or Green Container comprises less than 10 gallons per week per
applicable container of the business' total waste; and
(3) Notifies the City if circumstances change such that Commercial Business's Organic
Waste exceeds the threshold required for waiver, in which case waiver will be rescinded;
and
(4) Provides written verification of eligibility for de minimis waiver every 5 years, if
the City has approved de minimis waiver.
B. Physical Space Waivers: The City may, at its discretion or in concert with its Solid Waste
Franchisee, waive a Commercial Business' or property owner's obligations (including Multi-
Family Residential Dwellings) 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, a
hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate
space for the collection containers required for compliance with the Organic Waste collection
requirements of this Chapter.
A Commercial Business or property owner 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 lack adequate space for Blue Containers
and/or Green Containers, including documentation from its hauler, licensed architect, or
licensed engineer.
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(3) Provide written verification to the City that it is still eligible for physical space
waiver every five years, if the City has approved application for a physical space waiver.
C. Collection Frequency Waiver: The City, at its discretion or in concert with its Solid Waste
Franchisee, and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or
tenant of any residence, premises, business establishment or industry that subscribes to the
City's three-container Organic Waste collection service to arrange for the collection of their Blue
Container, Gray Container, or both once every fourteen days, rather than once per week.
Sec. 16.05.540. Requirements for Commercial Edible Food Generators.
A. Tier One Commercial Edible Food Generators must comply with the below requirements
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: (i) the collection of Edible Food for Food
Recovery; or, (ii) 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 the 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).
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(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.
(6) Commencing no later than January 1, 2022, for Tier One Commercial Edible Food
Generators and January 1, 2024, for Tier Two Commercial Edible Food Generators,
Commercial Edible Food Generators shall provide a quarterly Food Recovery report to the
City which includes the information required in 14 CCR Section 18991.4 "Record Keeping
Requirements for Commercial Edible Food Generators."
D. Nothing in this Section 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 to amend Section 114079 of the Health and Safety Code, relating to food safety, as
amended, supplemented, superseded and replaced from time to time).
Sec. 16.05.550. Requirements for 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.
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(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. Commencing January 1, 2022, 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 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), as
applicable.
D. Food Recovery Capacity Planning
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 timeframe is
otherwise specified by the City.
E. Commencing no later than January 1, 2022, Food Recovery Services and Organization
shall provide a quarterly report to the City which includes the information required in 14 CCR
Section 18991.5 "Food Recovery Services and Organizations."
Sec. 16.05.560. Requirements for Solid Waste Franchisee, Facility Operators and Community
Composting Operations.
A. Requirements for Haulers.
(1) Solid Waste Franchisee providing residential, Commercial or Organic Waste
collection services to generators within the City's boundaries shall meet the following
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requirements and standards as a condition of approval of a contract, agreement, or other
authorization with the City to collect Organic Waste:
A. Through written notice to the City annually on or before June 1, identify
the facilities to which they will transport Organic Waste including the facilities for
Source Separated Recyclable Materials and Source Separated Green Container
Organic Waste, as applicable.
B. Transport Source Separated Recyclable Materials and Source Separated
Green Container Organic Waste to a facility, operation, activity, or property that
recovers Organic Waste, as defined in 14 CCR, Division 7, Chapter 12, Article 2.
C. Obtain approval from the City to haul Organic Waste, unless it is
transporting Source Separated Organic Waste to a Community Composting site or
lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.
D. Solid Waste Franchisee shall comply with education, equipment, signage,
container labelling, container color, contamination monitoring, reporting, and
other requirements contained within its Franchise Agreement, as may be
amended from time to time.
E. Notwithstanding any the foregoing, nothing in this Chapter shall restrict or
otherwise prohibit Solid Waste Franchisee from meeting its compliance
requirements by any alternative methods or procedures, provided it complies
with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may
be amended from time to time.
B. Requirements for Facility Operators and Community Composting Operations.
(1) Owners of facilities, operations, and activities that recover Organic Waste,
including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-
owned treatment works shall, upon the City's request, provide information regarding
available and potential new or expanded capacity at their facilities, operations, and
activities, including information about throughput and permitted capacity necessary for
planning purposes. Entities contacted by the City shall respond within 60 days.
(2) Community Composting operators, upon City request, shall provide information
to the City to support Organic Waste capacity planning, including, but not limited to, an
estimate of the amount of Organic Waste anticipated to be handled at the Community
Composting operation. Entities contacted by the City shall respond within 60 days.
Sec. 16.05.570. Compliance with CALGreen Recycling Requirements.
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As applicable, all persons and/or entities subject to California Green Building Standards Code, 24
CCR, Part 11, known as CALGreen, shall comply with the following provisions of CALGreen, as
amended July 1, 2019 and effective January 1, 2020:
(1) Section 4.410.2 Recycling by Occupants Residential and Section 5.410.1 Recycling
by Occupants Non-residential.
(2) For organic waste commingled with construction and demolition debris, Section
4.408.1 Construction Waste Management Residential and Section 5.408.1 Construction
Waste Management non-residential.
If, after the adoption of this Chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen
are amended in a manner that requires the City to incorporate the requirements in an updated
local ordinance, and the amended requirements include provisions more stringent than those
required in this Section, the revised requirements of Sections 4.408.1, 4.410.2, 5.408.1, and
5.410.1 of CALGreen shall be enforced.
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ARTICLE VI. — PROHIBITED ACTS
Sec. 16.05.600. — Removal of Solid Waste.
Sec. 16.05.610. — Bulky Waste.
Sec. 16.05.620. — Hazardous Waste.
Sec. 16.05.630. —Solid Waste Burning.
Sec. 16.05.640. — Franchise Required.
Sec. 16.05.650. — Public Nuisance.
Sec. 16.05.660. — Unauthorized Disposal.
Sec. 16.05.670. —Spills.
Sec. 16.05.680. — Unlawful Dumping.
Sec. 16.05.690. —Solid Waste Facilities
Sec. 16.05.600.— Removal of Solid Waste.
No person other than the Person in Charge of any Premises or a City Solid Waste Franchisee shall:
1. Provide or place any Container for the collection of Solid Waste at any location in the City;
or
2. Remove any Container from the location where the Container was placed for storage or
collection by the Person in Charge of the Premises; or
3. Remove any Solid Waste from any Container; or
4. Move a Container from the location in which it was placed for storage or collection
without the prior written approval of the Person in Charge of the Premises.
Sec. 16.05.610.— Bulky Waste.
No person shall place Bulky Waste adjacent to or in a street or public right-of-way for collection
or removal purposes without first making arrangements with the appropriate Solid Waste
Franchisee for the collection or removal of such Bulky Waste.
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Sec. 16.05.620.— Hazardous Waste.
No person shall place or deposit Hazardous Waste, Household Hazardous Waste, or Universal
Waste in any Container provided by a Solid Waste Franchisee, or deposit, release, spill, leak,
pump, pour, emit, empty, discharge, inject, dump or dispose into the environment any
Hazardous Waste, Household Hazardous Waste or Universal Waste.
Sec. 16.05.630. —Solid Waste Burning.
No person shall burn any Solid Waste within the City, except in an approved incinerator or
transformation facility or other device for which a permit has been issued, and which complies
with all applicable permit and other regulations of air pollution control authorities, and
provided any such act of burning in all respects complies with all other laws, rules and
regulations.
Sec. 16.05.640. — Franchise Required.
No person except a Solid Waste Franchisee, a person with a Self-Haul Permit, a landscaper
hauling green waste, or a licensed contractor performing work within the scope of that license,
shall collect or remove any Solid Waste from any Premises within the City.
Sec. 16.05.650. — Public Nuisance.
It is unlawful and a public nuisance if any one of the following conditions exists at a Premises:
1. The Person in Charge of the Premises has not made arrangements with the appropriate
Solid Waste Franchisee for Solid Waste Handling Services, and the Person in Charge of the
Premises does not have a valid Self Haul Permit;
2. The Person in Charge of the Premises has made arrangements with the appropriate
Solid Waste Franchisee for Solid Waste Handling Services, but the Solid Waste Franchisee has
terminated services to the Premises due to the Account Holder's failure to pay for such
services; and
3. The Person in Charge of the Premises has obtained a Self-Haul Permit from the City, but
the permittee has violated one or more of the operational standards contained in Section
16.05.310(E).
Sec. 16.05.660. — Unauthorized Disposal.
No person shall place anything in another person's Containers without the permission of such
other person.
Sec. 16.05.670. —Spills.
It is unlawful for any person transporting Solid Waste not to clean up, or arrange for the
cleanup, of any Solid Waste during removal or transport within the City by such person. If any
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person transporting Solid Waste Spills any such materials and does not clean up or arrange for
the cleanup of the Spill, the City may clean up the Spill and charge the person responsible for
the Spill 100 percent of the costs the City incurred in cleaning up the Spill.
Sec. 16.05.680.— Unlawful Dumping.
It is unlawful for any person to negligently or intentionally Spill upon any property within the
City any Solid Waste, or to cause, suffer, or permit Solid Waste to be located upon any property
in the City, except as authorized by law.
Sec. 16.05.690.—Solid Waste Facilities.
No person shall construct or operate a Solid Waste management facility, including but not
limited to a materials recovery facility, Solid Waste transfer or processing station, composting
facility, a buy-back or drop-off center, disposal facility or a recycling center without first
satisfying all City requirements for land use, environmental and other approvals.
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ARTICLE VII.— ENFORCEMENT
Sec. 16.05.700. — Inspections and Investigations by the City.
Sec. 16.05.710. — Enforcement.
Sec. 16.05.720. —Violation.
Sec. 16.05.730. — Misdemeanor.
Sec. 16.05.740. —Attorneys' fees.
Sec. 16.05.700. — Inspections and Investigations by the City.
A. City employees, Designee, and/or its Solid Waste Franchisee are authorized to conduct
Inspections and investigations, at random or otherwise, of any collection container, collection
vehicle loads, or transfer, processing, or disposal facility for materials collected from generators,
or Source Separated materials to confirm compliance with this Chapter, subject to applicable
laws. This Section does not allow the City to enter the interior of a private residential property
for Inspection. For the purposes of inspecting Commercial Business containers for compliance
with this Chapter, the City may conduct container Inspections for Prohibited Container
Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and
cooperate with the Remote Monitoring, where applicable.
B. Persons in charge shall provide or arrange for access during all Inspections (with the
exception of residential property interiors) and shall cooperate with City employees, Designee,
and/or its Solid Waste Franchisee during such Inspections and investigations. Such Inspections
and investigations may include confirmation of proper placement of materials in containers,
Edible Food Recovery activities, records, or any other requirement of this Chapter described
herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and
operation of Remote Monitoring equipment, where required; or (ii) access to records for any
Inspection or investigation is a violation of this Chapter and may result in penalties described.
C. Any records obtained by a City during its Inspections, Remote Monitoring, and other
reviews shall be subject to the requirements and applicable disclosure exemptions of the Public
Records Act as set forth in Government Code Section 6250 et seq.
D. City employees, Designee, and/or its Solid Waste Franchisee are authorized to conduct
any Inspections, Remote Monitoring or other investigations as reasonably necessary to further
the goals of this Chapter, subject to applicable laws.
E. The City shall receive written complaints from persons regarding an entity that may be
potentially non-compliant with this Chapter, including receipt of anonymous complaints.
Sec. 16.05.710.— Enforcement.
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A. Pursuant to California Penal Code Section 836.5, any City code enforcement officer is
authorized to enforce the provisions of this Chapter and as well as those of California Penal
Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7, and 375; California Government
Code Section 68055 et seq.; and California Vehicle Code Sections 23111 and 23112.
B. Any violation of this Chapter may be enforced in any manner authorized by law,
including but not limited to an administrative citation, criminal citation, nuisance abatement
action, or civil action.
Sec. 16.05.720. —Violation.
Except as otherwise provided in this Chapter, violations of this Chapter are punishable as set
out in Chapters 1.01 and 8.17 of this Code.
Sec. 16.05.730.— Misdemeanor.
Violation of this Chapter shall be a misdemeanor.
Sec. 16.05.740.—Attorneys' Fees.
In any action or proceeding brought to enforce a violation of this Chapter, including but not
limited to a nuisance abatement action and an action to foreclose on a special assessment, the
prevailing party shall recover its reasonable attorney's fees and costs.
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