Ordinance 13-15r
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ORDINANCE NUMBER 2013-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTV ALE,
CALIFORNIA, ENACTING CHAPTER 16.05 OF TITLE 16 OF THE CITY OF
EASTV ALE MUNICIPAL CODE RELATING TO SOLID WASTE COLLECTION
AND DISPOSAL
THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. CHAPTER 16 .051S ADDED TO THE EASTVALE MUNICIPAL CODE TO READ
AS FOLLOWS :
"SOLID WASTE COLLECTION AND DISPOSAL
Sections:
16.05.010 Declaration of purpose.
16.05.020 Definitions .
16.05.030 Solid waste removal.
16 .05 .040 Solid waste containers and bins.
16.05.050 Impound of bins.
16.05.060 Location of illegal bins on private property is prohibited and a public
nuisance.
16.05.070 Dumping prohibited .
16.05.080 Scavenging prohibited .
16.05.090 Disposal of recyclables.
16.05.100 Sanitary transportation of solid waste.
16.05.110 Franchise.
16.05.120 Days and hours of collection.
16 .05 .130 Hazardous waste inspection and reporting .
16.05.140 Customer service .
16.05.150 Collection equipment.
16.05.160 Maintenance of containers and bins.
16.05.170 Encroachment permit.
16.05.180 Right of further regulation reserved.
16.05.190 Violation-Penalties
16.05.200 Violation-Public nuisance
16.05.010 Declaration of purpose.
Pursuant to the California Constitution the City is authorized to enact ordinances to protect the
public health, safety, and welfare. Pursuant to Public Resources Code Section 40059 aspects of
solid waste handling of local concern include, but are not limited to, the frequency of collection,
means of collection and transportation, level of service, charges and fees, and whether solid
waste services are to be provided by means of non-exclusive, partially exclusive, or wholly
exclusive franchise, and the terms and conditions of such franchise.
The City is obligated by the California Integrated Waste Management Act (Public Resources
Code Sections 40000 et seq .) (hereinafter "AB 939") to implement plans for solid waste source
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reduction, reuse, and recycling so as to meet specified achievement milestones.
The purpose of this Chapter is to regulate solid waste handling in order to protect the public
health, safety and welfare and to meet the City's obligations under AB 939 .
16.05.020 Definitions.
As used in this Chapter, the following terms shall have the meanings set forth below.
"AB 939" or "Act" means the California Integrated Waste Management Act of 1989, codified in
part at Public Resources Code Section 40000 et seq ., as it may be amended from time to time
and as implemented by the regulations of the California Integrated Waste Management Board,
or its successor.
"City" means the City of Eastvale, State of California.
"City property" means property that the City of Eastvale owns in fee or over which it has an
easement, including but not limited to public streets, public right-of-ways, and public parkways .
"Franchisee" means a solid waste enterprise having a solid waste franchise agreement with the
City, or a solid waste enterprise having a county franchise, in an area that is annexed to the
City.
"Container" means a cart, bin, roll off box, or other receptacle for solid waste, recyclable
material or green waste.
<£Hazardous waste" means any substance, waste or mixture of wastes defined as "hazardous
substance" or "hazardous waste" pursuant to Resource Conservation and Recovery Act
("RCRA"), 42 U.S.C. Section 9601 et seq., the Comprehensive Environmental Response,
Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., and all future
amendments to either of them, or as defined by the California Department of Toxic Substances
Control. Where there is a conflict in the definitions employed by two or more agencies having
jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to
have the broader, more encompassing definition.
"Person" means any individual, firm, partnership, limited liability company, joint venture,
association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate,
municipality, district or other political subdivision or any group or combination acting as a unit.
"Recyclable" means a commodity which is sold, or given away, but which is not discarded or
deposited into the containers or bins for solid waste collection provided by the City's franchisee.
A recyclable which is discarded or deposited into such bins or barrels loses its character as a
recyclable and becomes solid waste subject to the City's franchise .
"Scavenging" means the unauthorized removal of solid waste or recyclables from an area for
the purpose of converting the solid waste or recyclables as more specifically defined under
Chapter 8.48 of the Eastvale Municipal Code.
"Solid waste" means all discarded putrescible and non-putrescible solid, semisolid, and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes, "green waste," "bulky goods,"
discarded home and industrial appliances, demolition and construction waste, manure,
vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid
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wastes. "Solid waste" does not include: (1) hazardous waste or low-level radioactive waste
regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the Health and
Safety Code; (2) medical waste which is regulated pursuant to the Medical Waste Management
Act (Chapter 6.1 (commencing with Section 25015) of Division 20 of the Health and Safety
Code); or (3) abandoned vehicles or parts thereof.
"Solid waste enterprise" means any individual, joint venture, partnership, unincorporated private
organization or private corporation regularly engaged in the business of providing solid waste
handling services .
"Solid waste handling services" includes the storage, collection, transportation, treatment,
utilization, processing, recycling ~nd disposal of solid wastes.
"Temporary collection bin" means a front loader bin or drop-off box for the temporary collection
of solid waste. Such a bin does not include the franchisee's containers and bins placed for
scheduled, regular collection service or a bin which primarily contains recyclables.
16.05.030 Solid waste removal.
A. Solid waste created, produced or accumulated in or about an apartment house, a
dwelling house or other place of human habitation shall be removed from the premises at least
once each week.
B. Solid waste containing putrescible material created, produced or accumulated at
motels, hotels, restaurants, boardinghouses or other like business establishments shall be
removed from the premises least once per week. If conditions warrant, the County Health
Officer or City Manager may require a greater frequency of removal.
C . It is unlawful for the person, having ownership, control or possession of the premises
described in the preceding paragraphs, to fail or neglect to provide for the removal of solid
waste. Each day's violation of this section shall be treated and considered as a separate and
distinct offense .
D. Except as otherwise provided in this section, it is unlawful for any person other than
the franchisee to transport or collect solid waste in the City or to lease or rent containers or bins,
including temporary collection bins, for solid waste collection to any person in the City.
E. A franchisee shall not collect, transfer or remove solid waste in any area for which it
does not hold a current and valid franchise.
F. Exempted from the foregoing prohibitions are the following:
1. Construction contractors or their subcontractors, building remodeling contractors and
demolition contractors, may haul their own construction debris and waste provided they utilize
only their own employees and equipment.
2. Gardeners or landscapers transporting green waste or refuse generated by their work, or
persons purchasing or accepting donations of recyclables shall not be required to have a
franchise.
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3. The City of Eastvale.
G. No person shall accept solid waste at any place, location, tract of land, area or
premises that is not a solid waste facility as defined in Public Resources Code 40194, which
facility is duly licensed, permitted, properly zoned and approved by all governmental bodies and
agencies having jurisdiction .
16.05.040 Solid waste containers and bins .
All solid waste shall be placed for collection in containers and bins provided by the franchisee,
except when special collections are authorized, i.e., bulky items, holiday trees and then only in
accordance with directions provided by the franchisee.
Residential solid waste containers shall be placed adjacent to the street, or curb thereon, not
earlier than twenty-four (24) hours before collection is scheduled and removed therefrom not
later than twenty-four (24) hours after collection.
Temporary collection bins, such as drop-off boxes and front loaders, shall be placed,
maintained, and removed in accordance with the City franchise and shall require an
encroachment permit if the bin is to be placed in the public right-of-way, or on City property . It is
unlawful for any person to place a temporary collection bin in or on the public right-of-way
without an encroachment permit and a solid waste franchise. It is unlawful for any person to
place a temporary collection bin on private or public property without a City solid waste
franchise .
16.05.050 Impound of bins .
Any temporary collection bin which is unlawfully deposited on City property by any person shall
be subject to removal and impound by order of the City Manager or the City Manager's
designee. The owner of any temporary collection bin that is removed and impounded pursuant
to this section shall be liable to the City for payment of an impound fee, the amount of which
shall be fixed by City Council resolution, in addition to the payment of any other fees or
expenses incurred for the storage of the bins or boxes and/or the safe disposal of the contents
thereof.
The City Manager, or the City Manager's designee, by written notice may require the removal of
any temporary collection bin on City property. A notice shall be posted upon the temporary
collection bin. The notice shall specify the violation and shall require the removal of the front
loader bin or drop-off box within one (1) business day. Such notice shall be required one time
only to any one owner of a front-loader bin or drop-off box. Following such posting, it shall be
conclusively presumed thereafter that the owner of the front loader bin or drop-off box has
knowledge of the requirements of this section. If the front loader bin or drop-off box is not
removed within one ( 1) business day, then the bin or box is subject to impoundment.
Future placement of a temporary collection bin on City property by a person that has been
previously notified of such violation shall be deemed to be in violation of the provisions of this
section and such notice shall not be required to be posted on said temporary collection bin prior
to impoundment by the City.
Written notice (if an address is ascertainable) shall be provided by the City, to the owner of the
impounded bin, of the impound charges and location of the stored bin. A bin that is unclaimed
ninety (90) days after the notice required by this Chapter, or after ninety (90) days if the owner
cannot be ascertained, shall be donated by the City to the franchisee.
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16.05.060 Location of illegal bins on private property is prohibited and a public nuisance.
Except a temporary collection bin for recyclables, it is unlawful for any private property owner to
permit a temporary collection bin that is not owned by the City franchisee to be located on the
owner's real property.
Any such illegal temporary collection bin is subject to removal pursuant to Chapter 8.18 and the
bin may be impounded pursuant to Section 16.05.050.
16.05.070 Dumping prohibited .
It is unlawful for any person to place, deposit, or dump solid waste, upon any private or public
real property in the City, except in containers or bins provided by the City's franchisee. It is
unlawful for any person to place, deposit or dump hazardous waste, medical waste, or
abandoned vehicles, or parts thereof, upon any private or public real property in the City.
16.05.080 Scavenging prohibited .
Scavenging from and tampering with any collection bin is prohibited pursuant to Chapter 8.48 of
the Eastvale Municipal Code.
16.05.090 Disposal of recyclables .
Nothing in this Chapter limits the right of any person to sell, donate or otherwise dispose of
recyclables, except if recyclables are deposited into the franchisee's containers or bins, the
recyclables become solid waste and the property of the franchisee .
16.05.1 00 Sanitary transportation of solid waste .
No franchisee shall convey or transport solid waste upon or along any public street in the City
unless such solid waste is contained and/or covered or otherwise secured so as to prevent it
from leaking, dripping, falling, blowing or scattering from the vehicle in which it is being
conveyed or transported. All vehicles and equipment used in the transport of any form of solid
waste shall be kept clean. No franchisee shall drain the liquid from any such vehicle upon any
road or highway or upon any other land in the City. Franchisees hauling solid waste on the City
streets shall completely empty the solid wastes from their vehicles and/or containers at the
disposal site, or re-cover them if they are not completely emptied, in order to prevent the
scattering of residue on the return trip.
16.05.11 0 Franchise.
The City may provide for the collection, transportation, and disposal of solid waste by franchise.
If the City awards an exclusive franchise , the terms of the franchise agreement shall govern the
rights and obligations of the City and the franchisee, unless otherwise stated in this Ordinance.
A franchisee shall be responsible for billing all customers for all services under the franchise
and shall be responsible for collection procedures for all delinquent accounts in accordance with
the terms and conditions of the solid waste franchise between City and franchisee.
At its discretion, the City Council may grant franchises to qualified parties to collect and haul
solid waste and/or recyclables as permitted by law in the City on such terms and conditions as
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may be agreed to by the City and by the party or parties receiving the franchise or franchises.
Franchises as granted by the Council may be nonexclusive, exclusive, or partly exclusive and
partly nonexclusive. The Council may grant franchises through the process of negotiation or
pursuant to competitive bidding.
In the case of a solid waste enterprise with an exclusive county franchise in an area that is
annexed to the City, the City shall assume county's rights and obligations under the county
franchise agreement and shall retain its rights under Public Resources Code Section 49520,
49521, 49522, and 49523.
A solid waste enterprise with a county franchise in an area that is annexed to the City shall pay
the franchise fee provided under the franchise agreement to the City.
16.05.120 Days and hours of collection.
No person shall collect solid waste before six (6) a.m. in residential areas, or before five-thirty
(5:30) a.m. in commercial areas. Solid waste shall not be collected after six p.m. No collections
shall occur on the following days, unless the City Council or City Manager determines that the
public health, safety and welfare, so require: January 1st, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas Day, Saturdays and Sundays.
16.05.130 Hazardous waste inspection and reporting.
The franchisee shall train its employees to indentify solid waste contaminated with hazardous
waste put out for collection in its respective bins and containers, and shall reject for collection
solid waste observed to be contaminated with hazardous waste. The franchisee shall promptly
notify the City and all agencies with jurisdiction, if appropriate, including the California
Department of Toxic Substances Control and local emergency response provides and the
National Response Center of reportable quantities of hazardous waste, found or observed in
solid waste anywhere within the City. In addition to other required notification, if the franchise
observes any substances, which it or its employees reasonably believe or suspect to contain
hazardous waste unlawfully disposed of or released on any City property, including storm
drains, streets or other public rights-of-way, the franchisee shall immediately notify the City
Manager or his or her designee.
The franchisee shall maintain records showing the types and quantities, if any. of hazardous
waste found in solid waste and which was inadvertently collected from service recipients within
the City, but diverted from land filling.
16.05.140 Customer service.
The franchisee shall maintain an office accessible by a local phone number, with office hours
between the hours of eight a.m. and five p.m. daily, except Sundays and holidays. Each office
shall be staffed with a knowledgeable person, trained to respond to customer questions and
complaints. An emergency telephone number shall be provided to the City for use outside
normal business hours.
The protection of the public health, safety and well-being require that service complaints be
acted on promptly and that a record be maintained in order to permit the City and the franchisee
to identify potential public health and safety problems. Accordingly, all service recipients '
complaints shall be directed to the franchisee. During office hours, the franchisee shall record all
complaints, including the date, time, complainant's name and address if the complainant is
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willing to give his information, and date, and manner of resolution of the complaint. This
information shall be maintained for the period of the franchise. The record of service complaints
shall be made available for review by representatives of the City during the franchisee's office
hours .
16.05.150 Collection equipment.
Vehicles operated by the franchisee shall be maintained in good operating condition and free of
graffiti. The franchisee shall comply with all regulations promulgated by all agencies with
jurisdiction over the safe , sanitary operation of all of their equipment. The franchisee shall not
damage private streets over which their respective collection equipment may be operated and
shall obtain all required approvals for operation of its respective collection vehicles on private
streets .
16 .05.160 Maintenance of containers and bins.
The containers and bins provided by the franchisee , including tempor.ary collection bins shall be
kept in a clean, painted, and serviceable condition . Graffiti shall be promptly removed, but no
later than one {1) business day after notice by a service recipient or City. Bins shall be steam-
cleaned or replaced at least once a year. The City Manager or his or her designee has the
authority to require the franchisee to replace promptly any container or bin, which in the City
Manager's or his or her designee's reasonable discretion is not in a clean, painted, or
serviceable condition .
16.05.170 Encroachment permit.
An encroachment permit is required to place a temporary collection bin in the public right-of-way
or upon any City property. Only the franchisee authorized by the franchise to provide temporary
collection service may obtain an encroachment permit for a temporary collection bin.
Applications for such permit shall be on forms supplied by the City and shall contain the
following information:
A. Name, address, and business telephone;
B. Evidence of a solid waste franchise;
C. Name, address and telephone number of person or persons who will have the
responsibility for the placement, servicing and removal of the temporary collection bin{s), or
insta-bin(s), as described above.
Applications shall be accompanied by a permit fee, determined in accordance with a resolution
of the City Council.
Encroachment permits may be issued by the City Engineer for a maximum of thirty (30) days,
and are revocable at any time by the City Engineer, if the permittee violates City ordinances or
state law, any term of the permit, or if the permittee's bins are deemed to constitute a traffic
hazard or public nuisance. A permittee shall promptly remove its bin(s) if the permit is revoked.
All decisions of the City Engineer regarding the issuance and revocation of encroachment
permits are final and are not appealable.
Encroachment permits are not transferable by assignment, sale, or other means without the
express written permission of the City Engineer
16.05.180 Right of further regulation reserved.
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The City reserves its right to regulate or further regulate aspects of solid waste handling
including, but not limited to, frequency of collections, means of collection and transportation,
delivery point, level of services, charges and fees, nature, location, extent of providing solid
waste handling services, whether such services are to be by means of nonexclusive franchise,
contract, license, permit or otherwise, either with or without competitive bidding, or, if in the
opinion of the City Council, the public health, safety and well-being so require, by partially
exclusive or wholly exclusive franchise, contract, license, permit or otherwise, either with or
without competitive bidding, authority to provide such solid waste handling services may be
granted under such terms and conditions as are prescribed by the City Council pursuant to
resolution or ordinance.
16 .05.190 Violation-Penalties.
A. Violations by any person, firm, partnerships association or corporation, whether holding
a franchise or not, or by any customer, owner, occupant or agent, of a customer or user of solid
waste services of any of the provisions of this Chapter, constitute an infraction or misdemeanor
as hereinafter specified. Such person or entity shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any violation of any of the provisions of this
Chapter or the provisions of any permit granted pursuant to this Chapter, is committed ,
continued or permitted.
B. Any person so convicted shall be: (1) guilty of an infraction offense and punished by a
fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by
a fine not exceeding $200.00 for a second violation of the same site and perpetrated by the
same person. The third and any additional violations on the same site and perpetrated by the
same person shall constitute a misdemeanor offense and shall be punishable by a fine not
exceeding $1,000.00 or six months in jail, or both. Notwithstanding the above , a first offense
may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not
relieve a person from the responsibility for correcting the violation.
C. Additional remedies, penalties and procedures for violation of this Chapter and for
recovery of costs related to enforcement are provided for in Chapter 1.01 .
16.05.200 Violation-Public nuisance.
In addition, any violation of this Chapter is deemed to be a public nuisance , and may be abated
by the health officer or his/her designee, irrespective of any other remedy hereinabove
provided.
SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days from the
date of its adoption ..
PASSED, APPROVED AND ADOPTED this 25th day of September, 2013 .
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Attest:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Ariel M. Hall, Assistant City Clerk of the City of Eastvale, do hereby certify that the foregoing
Ordinance Number 2013-15 was duly and regularly adopted by the City Council of the City of
Eastvale at a regular meeting held the 9th day of October, 2013, by the following vote:
A YES: Council Members Howell, DeGrandpre and Mayor Pro Tem Rush
NOES: None
ABSENT: Council Member Welch and Mayor Bootsma
ABSTAIN: None
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The City reserves its right to regulate or further regulate aspects of solid waste handling
including, but not limited to, frequency of collections, means of collection and transportation,
delivery point, level of services, charges and fees, nature, location, extent of providing solid
waste handling services, whether such services are to be by means of nonexclusive franchise,
contract, license, permit or otherwise, either with or without competitive bidding, or, if in the
opinion of the City Council, the public health, safety and well-being so require, by partially
exclusive or wholly exclusive franchise, contract, license, permit or otherwise, either with or
without competitive bidding, authority to provide such solid waste handling services may be
granted under such terms and conditions as are prescribed by the City Council pursuant to
resolution or ordinance .
16.05.190 Violation-Penalties.
A. Violations by any person, firm, partnerships association or corporation, whether holding
a franchise or not, or by any customer, owner, occupant or agent, of a customer or user of solid
waste services of any of the provisions of this Chapter, constitute an infraction or misdemeanor
as hereinafter specified. Such person or entity shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any violation of any of the provisions of this
Chapter or the provisions of any permit granted pursuant to this Chapter, is committed,
continued or permitted.
B. Any person so convicted shall be: (1) guilty of an infraction offense and punished by a
fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by
a fine not exceeding $200.00 for a second violation of the same site and perpetrated by the
same person. The third and any additional violations on the same site and perpetrated by the
same person shall constitute a misdemeanor offense and shall be punishable by a fine not
exceeding $1,000.00 or six months in jail, or both. Notwithstanding the above, a first offense
may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not
relieve a person from the responsibility for correcting the violation.
C. Additional remedies, penalties and procedures for violation of this Chapter and for
recovery of costs related to enforcement are provided for in Chapter 1.01.
16.05.200 Violation-Public nuisance.
In addition, any violation of this Chapter is deemed to be a public nuisance, and may be abated
by the health officer or his/her designee, irrespective of any other remedy hereinabove
provided.
SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days from the
date of its adoption ..
PASSED, APPROVED AND ADOPTED this 25th day of September, 2013.
Ike Bootsma, Mayor
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