The Town Council will annually review the Town's Solid Waste, Recyclables, and/or Organic Materials program and activities, including the performance of Recycling and Solid Waste Processing services, Contractors, franchisees, and Authorized Recycling Agents.
6.20.190 Requirements for Single-Family Waste Generators.
Single-Family Waste Generators shall comply with the following requirements:
(a) Shall subscribe to the Town’s two-Container collection services for all Solid Waste, Recyclables, and/or Organic Materials generated. The Town shall have the right to review the number and size of a Generator’s Containers to evaluate adequacy of capacity provided for each type of required collection service for proper Source Separation and containment of materials; and Single-Family Generators shall adjust service levels for their collection services as requested by the Town.
(b) Shall participate in the Town’s Solid Waste, Recyclables, and/or Organic Materials collection service(s) by placing Source Separated Organic Waste, including Food Waste, in the Black Container, and all Recyclable Materials in the Blue Container.
(c) Nothing in this Section shall prohibit 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).
6.20.200 Requirements for Commercial Businesses.
(a) Shall subscribe to the Town’s two-Container collection services and comply with requirements of those services as described below in Subsection (b), except Commercial Businesses that meet the Self-Hauler requirements in Section 6.20.240 of this Chapter. The Town shall have the right to review the number and size of a Generator’s Containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper Source Separation of materials and containment of materials; and Commercial Businesses that shall adjust their service level for their collection services as requested by the Town. (b) Shall participate in the Town’s two-Container collection services by placing all Solid Waste, including Organic Waste, into the Black Container. (c) Supply and allow access to an adequate number, size, and location of collection Containers for employees, contractors, tenants, and customers, consistent with Town’s franchise Solid Waste hauler collection service or, if Self-Hauling, in accordance with Section 6.20.240.
(d) Excluding Multi-Family Residential Dwellings, provide Containers for the collection of Source Separated 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. The Containers provided by the business shall have either:
(1) A body or lid that conforms with the Container colors as provided through the collection service provided by Town, with either lids or bodies, or lids and bodies, conforming to the 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 this Subsection prior to the end of the useful life of those Containers, or 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 Containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the Container. Pursuant to 14 CCR Section 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022.
(e) Excluding Multi-Family Residential Dwellings, to the extent practical through education, training, Inspection, and/or other measures, prohibit employees from placing materials in a Container not designated for those materials. (f) Excluding Multi-Family Residential Dwellings, periodically inspect Containers for Contamination and inform employees if Containers are Contaminated and of the requirements to keep Contaminants out of said Containers.
(g) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated materials.
(h) Provide educational information to new tenants that describes requirements to Source Separate materials, as well as the location of Containers and the rules governing their use at each property prior to or within fourteen (14) days of occupancy.
(i) Provide or arrange access for Town or its agent to their properties during all Inspections conducted in accordance with Section 6.20.310 of this Chapter to confirm compliance with the requirements of this Chapter.
(j) If a Commercial Business wants to Self-Haul, then it shall meet the requirements as set forth in Section 6.20.240 of this Chapter. (k) 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 18984.8(c).
(l) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall also comply with Food Recovery requirements, pursuant to Section 6.20.220 of this Chapter.
6.20.210 Waivers for Commercial Generators.
(a) De Minimis (Low Volume) Waivers. The Town may waive a Commercial Business’ obligation (including that of a Multi-Family Residential Dwelling) to comply with some or all of the Organic Waste and Recyclables requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste or Recyclable material as described in Subsection (a)(2) below. A Commercial Business requesting a de minimis waiver shall:
(1) Submit an application specifying the services from which they are requesting a waiver, and provide documentation as noted in Subsection (a)(2) below.
(2) Provide documentation that either:
(i) The Commercial Business’s total Solid Waste collection service is two (2) cubic yards or more per week and Organic Waste and/or Recyclables subject to collection in a Source Separated materials designated Container comprises less than twenty (20) gallons per week, per applicable Container of the business’s total waste; or,
(ii) The Commercial Business’s total Solid Waste collection service is less than two (2) cubic yards per week and Organic Waste and/or Recyclables subject to collection in a Source Separated materials designated Container comprises less than ten (10) gallons per week, per applicable Container of the business’s total waste.
(3) Notify the Town if circumstances change such that the Commercial Business’s Organic Waste and/or Recyclables exceeds the threshold required for waiver, in which case the waiver shall be rescinded.
(4) De minimis waivers shall be valid for a period of five (5) years, and are subject to verification by the Town.
(b) Physical Space Waivers. The Town may waive a Commercial Business’s or property owner’s obligations (including those of a Multi-Family Residential Dwelling) to comply with some or all of the Recyclable Materials and/or Organic Waste collection service requirements if the Town has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the Premises lacks adequate space for the collection Containers required for compliance with the Organic Waste or Recyclables 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 demonstrating that the Premises lacks adequate space for the Containers necessary for compliance with the provisions of this Chapter, including documentation from its franchise Solid Waste hauler, licensed architect, or licensed engineer.
(3) Physical space waivers shall be valid for a period of five (5) years and are subject to verification by the Town.
(c) Review and approval of waivers shall be completed by the Town Manager or his or her designee. Waivers may be reviewed, approved, verified, or rescinded by the Town at any time at its sole discretion.
6.20.220 Requirements for Commercial Edible Food Generators. (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.
(b) Commencing January 1, 2024, 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.
(c) All 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 and/or Food Recovery Services for:
(i) The collection of Edible Food for Food Recovery; and/or
(ii) Acceptance of the Edible Food that the Commercial Edible Food Generator Self-Haulers 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 Town’s designated enforcement personnel to access the Premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information:
(i) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement.
(ii) A copy of all contracts or written agreements.
(iii) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
1. The name, address, and contact information of the
Food Recovery Service or Food Recovery
Organization.
2. The types of Edible Food that will be collected by or Self-Hauled to the Food Recovery Service or Food
Recovery Organization.
3. The established frequency that Edible Food will be
collected or Self-Hauled.
4. The quantity of Edible Food, measured in pounds
recovered per month, collected by or Self-Hauled to a
Food Recovery Service or Food Recovery
Organization for Food Recovery.
(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 (Chapter 285, Statutes of 2017), relating to food safety, as amended from time to time.
6.20.230 Requirements for Haulers and Facility Operators. (a) The Town’s Contractor providing Residential, Commercial, and/or industrial waste collection services to Generators within the Town’s boundaries shall
meet the following requirements as standards as a condition of approval of any contract, agreement, or other authorization with the Town to collect Solid Waste, Recyclables, and/or Organic Materials:
(1) Through written notice to the Town annually on or before June 30, identify the facilities to which they will transport waste, including facilities for Source Separated Recyclable Materials, Source Separated Organic Waste, and mixed waste.
(2) Obtain approval from the Town 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, Section 6.20.240 of this Municipal Code, and Chapters 8.15 and 8.19 of this Municipal Code. (3) Comply with education, equipment, signage, Container labeling, Container color, Contamination monitoring, reporting, and other requirements contained within its Solid Waste franchise agreement, permit, license, or other agreement entered into with the Town. (b) 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 Town’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 Town shall respond within sixty (60) days. (c) Community Composting operators, upon the Town’s request, shall provide information to the Town 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 Town shall respond within sixty (60) days.
6.20.240 Self-Hauler Requirements.
(a) Town-approved Self-Haulers shall Source Separate all materials that are generated on-site in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 if the Town would otherwise require Generators to Source Separate such materials for collection in the Town’s Solid Waste, Recyclables, and Organic Materials collection program, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated 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 as specified in 14 CCR Section 18984.3. (c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Town. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
(2) The amount of material in cubic yards or tons transported by the Generator to each entity.
(3) If the material is transported to an entity that does not have an onsite scale, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall provide information collected in Subsection (c) to the Town no later than the 15th of each month for the previous month’s activity.
(e) An application to Self-Haul must be approved by the Town Enforcement Official or his or her designee prior to commencing Self-Haul activities.
6.20.1606.20.250 Placement of trash bins; screenedTrash Bins/Dumpsters; Screened.
A.(a) All trash bins and enclosuresdumpsters shall be located out of easement areas, public rights-of-waypublic-rights-of-way, and the clear sight triangle.
B.(b) Trash bins andDumpsters and their enclosures shall not be located in a manner that requires the waste handiera hauler to park perpendicular to the roadway while emptying the binsthem.
C.(c) All trash bin anddumpster enclosure locations must be approved and built to Town standards.
D.(d) Every person utilizing bindumpster service shall sign a liability waiver form.
E.(e) Paved access to dumpsters or their enclosures shall not be required.
However, when the bina dumpster cannot be serviced because of
inadequate access, the bindumpster may be replaced with cartsContainers, or paving may be required.
F.(f) Failure to comply with the provisions of this chapterChapter shall result in the removal of the bin and placement of carts at a minimum ratio of one green trash cart and one blue commingled recycle cart per residential unitdumpster.
G.(g) In the event that a property has adequate space and access, a bindumpster may be left unenclosed and placed behind the structure where it is not visible from the frontage street.
H.(h) Commercial/ and industrial use.
(1.) Existing commercial or industrial useCommercial or industrial-use property shall be evaluated with each tenant improvement application to determine if an intensification of use is to occur. Upon the determination of an intensified and/or expanded use, then a masonry block enclosure will be required to be installed to the Town standards prior to the issuance of a Certificate of Occupancy. (2.) inIn the event there is inadequate land area behind the structure or paved access does not exist for the placement of binsdumpsters and/or enclosures behind the setbacks, approval may be applied for to place a bindumpster enclosure within the required setback.
I. Multiple family residential use(i) Multi-Family Residential Use. (1.) All existing multiple family residentialMulti-Family Residential property shall be required to enclose bins per Town standards.
2. Gates shall not be required on enclosures that are constructed perpendicular to the roadway.
3.(2) In the event there is inadequate land area behind the structure, or paved access does not exist for the placement of bins
and/ordumpsters or the construction of enclosures behind the setbacks, approval may be applied for to place a binan enclosure within the setback.
4.(3) As an alternative to propertyproperly constructed and located bin enclosures, multiple family residential property may use cartsMultiFamily Residential properties may use Containers provided by the waste hauler at a minimum ratio of one green trash cartBlack Solid Waste Container and one blue commingled recycle cart per residentialRecyclable Materials Container per Residential unit. The Town Manager or his or her designee may, upon petition by the
property owner, consider alternative numbers of the blue recycling cartsRecyclable Materials Containers.
5.(4) For multiple family residentialMulti-Family Residential developments, annual inspectionsInspections of compliance will occur at the time of the property maintenance inspection conducted by the Town.
J. Single family residential use(j) Single-Family Residential Use. (1.) Single family residentialSingle-Family Residential use properties utilizing bin/dumpster service shall be required to maintain the bin in compliance with this Code. The bin shall not be storednot store the bin/dumpster on the frontage street or directly in front of the residence, except as otherwise allowed by paragraph c. below: this Section.
a.(2) Single family residentialSingle-Family Residential properties less than two and one-halfone half (2.5) acres shall be required to locatelocated the bin/dumpster in accordance with one of the following:
(1i) The bin may be located behind the residence. ; or
(2ii) The bin may be located against the residence wall or a garage wall; or
(3iii) The bin may be located so that it abuts the front setback. b.(3) Single family residentialSingle-Family Residential properties two and one-half (2.5) acres or more may place the bin/dumpster, with an enclosure, in front of the residence and in compliance with thisthe Town of Apple Valley Development Code, Section 9.28.150. c.(4) For purpose of this Section, a legal nonconforming use is one which lawfully existed prior to the effective date of this sub-paragraph cSubsection. The continuance of the legal nonconforming use will be allowed for any single family residenceSingle-Family Residence with an existing enclosure constructed prior to February 26, 1998. If a legal nonconforming use is discontinued for thirty (30) consecutive days or longer, it shall lose its legal nonconforming status hereunder.
2.(5) Single family residentialSingle-Family Residential use properties that locate the bin behind the structure shall move the bin to the front of the property on collection day and replace it behind the structure after it is emptied.
3.(6) Nothing in this Section shall be construed to relieve bin/dumpster service customers from required recycling using the blue recycling
barrelsOrganics diversion or Recycling in accordance with Section
6.20.015(c) of this Chapter.
K.(k) Minimum clearance. All trash bins/dumpsters are required to be located a minimum of five ft.feet (5’) from all combustible construction.
L.(l) New construction. Nothing in this Chapter shall nullify or supersede an ordinance or standard for enclosures for bin/dumpster placement for new construction. The placement of trash containersdumpsters and enclosure standards herein shall apply to existing commercialCommercial, industrial, multiple residential, and single family residential propertiesMulti-Family Residential, and Single-Family Residential Premises.
6.20.260 Fees to be Based on Types of Occupancies; Types of Occupancies Defined.
(a) “Commercial Use” means Premises upon which is located any type of business requiring a business license under the provisions of this Code or other ordinances of the Town, as well as Multi-Family Residential dwelling units.
(b) “Single-Family Residential Use” means Premises upon which is located four (4) or fewer Residential dwelling units.
6.20.270 Collection Fees.
(a) The property owner or owners of record of any place or Premises within the Town where any Solid Waste or Recyclable Materials accumulate shall pay, or cause to be paid, to the Town a fee in such amounts and in such manner as shall be established or required by the Town Council for the service of having such Solid Waste or Recyclable Materials collected and removed from the place or Premises. Any account set up and maintained for the collection of Solid Waste and Recyclable Materials collection fees contemplated by this Chapter shall be in the name of the property owner or owners of record only, and the property owner or owners of record shall be solely responsible for payment of the fees established.
M. Authority and enforcement. The provisions of this Chapter shall be enforced by the Town Manager or designee.
N. Removal frequency. The Town Manager or his or her designee may require a greater number of collections per week or larger capacity bin(s) or cart(s) upon finding that an unhealthy, unsightly, or public nuisance condition is created by adhering to the minimum collection frequency.
O. Violations and penalties. Any person who violates any provision or fails to comply with any of the requirements of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of Section 1.01.200 through Section 1.01.230 of Chapter 1.01 of Title 1 of this Code.
6.20.165 Information to be furnished to Finance Department by contractor each month.
(a) It shall be the duty of the Town's solid waste handling services contractor to furnish, on or before the fifteenth (15th) day of each calendar month, to the Finance Department or to other officials of the Town, the names and addresses of all persons who shall be liable for the payment of fees under this Chapter. In addition, all commercial accounts will include size and number of containers and the scheduled number of pickups per week.
(b) It shall be the duty of the Town's authorized recycling agent contractor to furnish, on or before the fifteenth (15th) days of each calendar month, to the Finance Department or to other proper officials of the Town, the names and addresses of all persons who shall be liable for the payment ofNothing in this Section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments of Solid Waste and Recyclable Materials collection fees are made by a tenant or tenants or any agent on behalf of the owner. However, any such arrangement will not affect the property owner of record’s obligation to the Contractor or the Town for the Solid Waste collection fees under this Chapter.
In addition, all commercial accounts will include type and quantity of materials diverted for each previous month. Type and quantity of materials diverted from all other accounts for each previous month also shall be reported. (c) All Solid Waste, Recyclables, and Organics collection fees shall be billed and collected in accordance with rules and regulations adopted by the Town Council.
6.20.280 Solid Waste, Recyclables, and Organic Materials Collection Fee a Debt.
The Solid Waste, Recyclables, and Organic Materials collection fee shall be a civil debt owing the Town from the owner or owners of record of any place or Premises within the Town where any Solid Waste and/or Recyclables accumulate. If an invoice for Solid Waste, Recyclables, and/or Organic Materials collection service is unpaid sixty (60) days after mailing, a penalty of ten percent (10%) shall be charged and an additional one and one half percent (1.5%) per month shall be charged until the charges and penalties are paid in full. If court action is taken to enforce non-payment of charges, the property owner or owners of record shall pay all reasonable attorney fees incurred by the Town.
6.20.290 Collection Procedure for Delinquent Accounts—Creation of Lien.
Any fees authorized pursuant to Section 6.20.270 which remain unpaid after the delinquent date as set forth in Section 6.20.280 may be collected thereafter by the Town as provided in this Section.
(a) The Town Council shall cause a report of delinquent Solid Waste, Recyclables, and Organic Materials handling fees to be prepared
periodically. The Council shall fix a time, date, and place for hearing the report and any objections or protests thereto.
(b) The Town Council shall cause notice of hearing to be mailed to the property owner or owners listed on the report not less than fifteen (15) days prior to the date of hearing.
(c) At the hearing, the Town Council shall hear any objections or protests of the property owner or owners liable to be assessed for delinquent fees. The Town Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. (d) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent fees plus administrative costs. A certified copy of the confirmed report shall be filed with the Town for the amount of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches, upon recordation in the Office of the County Recorder, a certified copy of the Resolution of Confirmation. The assessment may be collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of Town ad valorem property taxes shall be applicable to such assessment.
6.20.1706.20.300 Special permits in hardship casesHardship Scenarios.
Where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this Chapter with respect to any particular premisesPremises, the Town Manager or his or her designee may issue special written permits authorizingauthorizations that allow variations from the provisionprovisions of this Chapter and subject to satisfying the requirements below so that the spirit of this Chapter shall be observed, public health and safety secured, and substantial justice done. (a) Financial Hardship. Any owner or occupant of a single family residenceSingle-Family Residence may be eligible for a reduction in fees associated with the solid wasteSolid Waste collection and disposal program upon satisfying the following criteria:
(1) Complete and submit a Town of Apple Valley Financial Hardship Application along with a copy of the most recent Southwest Gas or Southern California Edison bill showing eligibility for a current financial hardship status.
(2) The approved applicant will be eligible to receive solid wasteSolid Waste collection at the reduced bi-monthly hardship rate for a period of one year. The application will automatically expire after one year.
It will be the responsibility of the applicant to submit a Town of Apple
Valley Financial Hardship Application annually to avoid interruption of the reduced hardship rate.
(b) Physical hardship exemptionHardship Exemption. An applicant may be exempted from the provisions of the solid waste collection and disposal ordinancethis Chapter requiring placement of solid waste and recyclables barrelsSolid Waste, Recyclables, and Organics Containers at curbside or roadside upon a showing and/or certification by a physician of a physical condition which would not allow the applicant to carry or otherwise transport such barrelsContainers from the dwelling unit to the curb or roadside. In the event such exemption is granted, arrangements will be made by the trashSolid Waste collection contractorContractor to collect the solid waste and recyclablesSolid Waste and Recyclable Materials at the dwelling unit. (c) Other. An applicant may be exempted from collection and disposal fees where other special circumstances existexists under which the Town Manager finds that the criteria and purposes contained in this Chapter and Section are met.
6.20.175 Violations of Chapter declared a nuisance6.20.310 Inspection and Investigations by Town.
All violations of any portion of this Chapter are declared to be a nuisance and may be abated as such in the manner provided by law.
(a) The Town Enforcement Official or his or her designee(s) is/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 by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow Town to enter the interior of a private residential property for Inspection.
(b) All regulated entities shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Town’s Enforcement Official or their designee(s) 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 and described herein. Failure to provide or arrange for access to an entity’s Premises or access to records for any inspection or investigation is a violation of this Chapter.
(c) Any records obtained by the Town during its Inspections 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) The Town Enforcement Official or his or her designee(s) is/are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws. (e) The Town shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including anonymous complaints. The City’s franchise Solid Waste haulers shall relay to City all written complaints they receive concerning act or omissions of themselves or another entity that is potentially non-compliant with SB 1383 Regulations, including anonymous complaints.
(f) It shall be the duty of the Town Manager, or his or her designee, to inspect and supervise all trucks, carts or other vehicles used by the contractor in the collection and disposal of solid waste and see that the same are kept clean and sanitary. The Town Manager, or his or her designee, shall enforce the provisions of this Chapter, inspect any and all premises where solid waste is kept or accumulated for the purposed of determining sanitary conditions and investigate whether the provisions of this Chapter and all laws and ordinances of the Town and the State are in compliance.
6.20.176 Annual review6.20.320 Enforcement.
The Town Council will annually review the Town's recycling program and activities, including performance of recycling and solid waste processing services including contractors, franchises and authorized recycling agents.
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and the Town Enforcement Official may enforce the provisions of this Chapter in accordance with Chapters 1.01 and
1.08 of this Municipal Code, except as otherwise prescribed in this Chapter. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The Town may pursue civil actions in Superior Court to seek recovery of costs and unpaid administrative citations. Town may also choose to defer such action until a sufficiently large number of violations, or cumulative size of violations exists, justifying a reasonable use of Town staff and resources. (c) Enforcement pursuant to this Section may be undertaken by the Town Enforcement Official, legal counsel, or combination thereof. (d) The Town Enforcement Official may monitor compliance with this Chapter randomly and via compliance reviews, route reviews, investigation of complaints, and an Inspection program.
(e) The Town Enforcement Official may provide notice of Container Contamination via a cart tag or other written communication immediately upon identification of Prohibited Container Contaminants or as soon as is practical. If the Town Enforcement Official observes Prohibited Container Contaminants in a Generator’s Containers on more than three (3) consecutive occasions, the Town Enforcement Official may proceed with enforcement action pursuant to this Section.
(f) With the exception of violations addressed under Subsection (e), the Town Enforcement Official shall issue a Notice of Violation requiring compliance within thirty (30) days of issuance of the notice.
(g) All notices shall be sent in accordance with Chapters 1.01 and 1.08 of this Municipal Code or to the party responsible for paying for the Solid Waste collection services.
(h) The Town Enforcement Official may extend compliance deadlines as set forth in a Notice of Violation issued in accordance with this Section if it finds that there are extenuating circumstances beyond the control of the violator that make compliance within the timeframe impracticable, including but not limited to the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or
(3) Deficiencies in Organic Waste Recycling infrastructure or Edible Food Recovery capacity and the Town is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(i) Beginning on the effective date of this Chapter and through December 31, 2023, the Town Enforcement Official shall provide educational materials to regulated entities describing their obligations under this Chapter and a notice that compliance is required by January 1, 2022 and that violations may be subject to administrative civil penalties starting on January 1, 2024.
Chapter 8.19 REQUIREMENT TO RECYCLE CONSTRUCTION AND DEMOLITION
DEBRIS FOR CERTAIN CONSTRUCTION, DEMOLITION, AND RENOVATION
PROJECTS WITHIN THE TOWN OF APPLE VALLEY
8.19.000 Findings.
(a.) The Town finds that the State of California, through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), required that each local jurisdiction in the State divert 50% of discarded materials (base year 1990, State methodology) from landfill by December 31, 2000, and thereafter maintain or exceed that diversion rate.
(b.) The Town finds that every city and county in California, including the Town, could face fines up to $10,000.00 aper day for not meeting the above mandatedabove-mandated goal.
(c.) The Town finds that construction and demolition (C&D) debris constitute a significant portion of the waste stream in the Town. These materials have significant potential for waste reduction and recycling. (d.) The Town finds that reusing and recycling C&D debris is essential to further the Town'sTown’s efforts to reduce waste and comply with AB 939 and Measure D goals.
e. The Town finds that C&D debris waste reduction and recycling have been proven to reduce the amount of such material that is landfilled, increase site and worker safety, and be cost effective.
f.(e) The Town finds that, except in unusual circumstances, it is feasible to divert an average of at least 50% of all C&D debris the 2019 California Green Building Standards Code requires a minimum 65% diversion rate of discarded materials resulting from construction, demolition, and renovation projects.
8.19.010 Definitions.
The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
(a.) Applicant means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the Town for the applicable permits to undertake any construction, demolition, or renovation project within the Town.
(b.) Construction means the building of any facility or structure, or any portion thereof, including any tenant or other substantial improvements to an existing facility or structure.
(c.) Construction and demolition debrisDemolition Debris or C&D means used or discarded materials removed from premises during construction, demolition, or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.
(d.) Conversion rateRate means the rate set forth in the standardized conversion rate table approved by the Town pursuant to this Chapter for use in estimating the volume or weight of materials identified in a Waste Management Plan.
(e.) Covered projectProject shall have the meaning set forth in Section
8.19.020(a) of this Chapter.
(f.) Demolition means the decimating, razing, ruining, tearing down, or wrecking of any facility, structure, pavement, or building, whether in whole or in part, whether interior or exterior.
g. Deposit means an amount to be determined by the WMP Compliance Official and submitted with the WMP at the time of permit application. This deposit is fully refundable, with applicable interest, upon proof that applicant recycled a minimum of 50% of the debris generated by the project.
h.(g) Divert means to use material for any purpose other than disposal in a landfill or transformation facility.
i.(h) Diversion requirementRequirement means the diversion of at least 5065% of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to Section 8.19.070 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP Compliance Official for the project. . j. In-fill housing means the construction of from one to three structures, whether residential, commercial, office or industrial, on a property or on adjoining or contiguous properties.
k. Noncovered project shall have the meaning set forth in Section 8.19.020(b) of this Chapter.
l.(i) Project means any activity involving construction, demolition, or renovation, and which requires issuance of a permit from the Town.
m.(j) Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and
returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
n.(k) Renovation means any change, addition, or modification in an existing structure.
o.(l) Reuse means further or repeated use of construction or demolition debris. p.(m) Salvage means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
q. Tract housing means construction of four or more structures, whether residential, commercial, office or industrial, on a property or on adjoining or contiguous properties.
r.(n) Waste Management Plan or WMP means a completed WMPWaste Management Plan form, approved by the Town for the purpose of compliance with this Chapter, submitted by the applicant for any covered or noncovered project.
s.(o) WMP Compliance Official means the designated staff person(s) authorized and responsible for implementing this Chapter.
8.19.020 Threshold for covered projectsCovered Projects. (a.) Covered projects. All construction, demolition, and renovation projects within the Town that are 1,000 sq. ft. or greater ("covered projects")Projects.
All Construction, Demolition, and Renovation Projects within the Town shall comply with this Chapter, whether residential, commercial, office, or industrial in nature. Failure to comply with any of the terms of this Chapter shall subject the project applicantProject Applicant to the full range of enforcement mechanisms set forth in Section 8.19.080, below8.19.070 of this Chapter.
b. Non-covered projects. Applicants for construction, demolition, and renovation projects within the Town under 1,000 sq. ft. ("noncovered projects") shall be encouraged to divert at least 50% of all project-related construction and demolition debris.
c.(b) Town-sponsored projects. All Town-sponsored construction, demolition, and renovation projects, that are 1,000 sq. ft. or greater,Construction, Demolition, and Renovation Projects shall be considered "covered projects"Covered Projects for the purposes of this Chapter 8.19, and any applicant therefor shall submit a Waste Management Plan to the WMP Compliance Officer prior to beginning any construction or demolitionConstruction or Demolition activities, and shall further be subject to all applicable provisions of this Chapter 8.19.
d.(c) Compliance as a condition of approval. Compliance with the provisions of this Chapter shall be listed as a condition of approval on any building or demolitionDemolition permit issued for a covered projectCovered Project.
8.19.030 Construction and demolition debris diversionDemolition Debris Diversion. a. Compliance options. Applicants for covered projectsCovered Projects shall select one of the following options to comply with this Chapter 8.19:
(1a) Contract for hauling services with Town'sthe Town’s franchise hauler, with all project debris delivered to San Bernardino County self-haul landfill diversion program, provided the diversion program is currently operating; and provide acceptable proof of recyclingRecycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP. (2b) Self-haul all projectProject debris to San Bernardino County self-haul landfill diversion program, provided the diversion program is currently operating; and provide acceptable proof of recyclingRecycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP. (3c) Self-haul all projectProject debris to aan approved construction materials recycling facility, and provide acceptable proof of recyclingRecycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP.
(4d) Contract with a constructionConstruction site cleanup company to recycle at least 5065% of the project construction debrisProject’s C&D Debris, and provide acceptable proof of recyclingRecycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP. b. Waste disposal agreement. The Town's waste disposal agreement with San Bernardino County addresses disposal and not diversion. Therefore participation in self-haul landfill diversion is not subject to the Waste disposal agreement rate limitations.
8.19.040 Submission of Waste Management Plan.
(a.) WMP forms. Applicants for building or demolitionDemolition permits involving any covered projectCovered Project subject to Section
8.19.020(a) shall complete and submit a Waste Management Plan ("WMP"), on a WMP form approved by the Town for this purpose as part of the application packet for the building or demolitionDemolition permit. The completed WMP shall indicate all of the following:
(1) The estimated volume or weight of projectProject C&D debrisDebris to be generated; and
(2) The estimated volume or weight of such materials that can feasibly be divertedDiverted via reuseReuse or recyclingRecycling; and (3) The vendor or facility that the applicant proposesproposed to use to collect or receive that material; and
(4) The estimated volume or weight of C&D materialsMaterials that will be landfilled.
(b.) Calculating volume and weight of debris. In estimating the volume or weight of materials identified in the WMP, the applicantan Applicant shall use the standardized conversion rates approved by the Town for this purpose and printed on the reverse side of the WMP.
(c.) Deconstruction. In preparing the WMP, applicantsApplicants for building or demolitionDemolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling.
d. Deposit. Permit applicants whose projects are not subject to Planning Department conditions of approval shall submit a check made payable to "Town of Apple Valley - WMP" in an amount to be determined by the WMP Compliance Official, along with other requisite permit fees and the completed WMP. This is a fully-refundable deposit, depending upon the level of recycling demonstrated. Recycling at least 50% of the debris generated by the project warrants a 100% refund of the deposit, plus any applicable interest. Recycling less than 50% will result in return of a prorated amount of the deposit, based on the percentage of recycling proven.
Permit applicants whose projects are subject to conditions of approval will be regulated by said conditions of approval to achieve the required amount of recycling pursuant to this Chapter.
8.19.050 Compliance with Waste Management Plan.
(a.) Documentation. Prior to final inspection of any covered project, the applicantApplicant shall submit to the WMP Compliance Official documentation proving that it has met the diversion requirementDiversion Requirement for the project. The diversion requirement shall be that the applicant has diverted at least 50% of the total C&D debris generated by the project via reuse or recycling. This documentation shall include all of the following:
(1) Receipts from the vendor or facility that collected or received each material showing the actual weight or volume of that material; and (2) A copy of the previously submitted WMP for the projectProject adding the actual volume or weight of each material divertedDiverted and landfilled; and
(3) Any additional information the applicantApplicant believes is relevant to determining its efforts to comply in good faith with this Chapter
8.19. (b.) Weighing of wastes. Applicants shall make reasonable efforts to ensure that all C&D debris divertedDebris Diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debrisDebris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debrisDebris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicantApplicant shall use the standardized conversion rates approved by the Town for this purpose.
(c.) Determination of compliance. The WMP Compliance Official shall review the information submitted under Subsection (a) of this Section and determine whether the applicantApplicant has complied with the diversion requirementDiversion Requirement, as follows:
(1) Full compliance. If the WMP Compliance Official determines that the applicantApplicant has fully complied with the diversion requirementDiversion Requirement applicable to the project, he or sheProject, they shall notify the Building Department of that finding, and the applicantApplicant shall receive a full refund of the deposit within ten (10) working days, if applicable.
(2) Good faith effort to comply. If the WMP Compliance Official determines that the diversion requirementDiversion Requirement has not been achieved, he or shethey shall determine on a case-bycase basis whether the applicantApplicant has made a good faith effort to comply with this Chapter 8.19. In making this determination, the WMP Compliance Official shall consider the availability of markets for the C&D debrisDebris landfilled, the size of the projectProject, and the documented efforts of the applicantApplicant to divert C&D debrisDebris. If the WMP Compliance Official determines that the applicantApplicant has made a good faith effort to comply with this Chapter 8.19, he or she, then they shall notify the Building Department of that finding, and the applicant shall receive a full refund of the deposit within ten working days.
(3) Noncompliance. If the WMP Compliance Official determines that the applicantApplicant has not made a good faith effort to comply with this Chapter 8.19, or if the applicantApplicant fails to submit the documentation required by Subsection (a) of this Section within the required time period, he or shethen they shall notify the Building
Department of that finding, and no refund of the deposit will be made the building permit shall fail its final inspection.
(4) Failure to comply with this Chapter may also result in further enforcement action as defined in Section 8.19.070.
8.19.060 Appeal.
(a.) Any affected person may appeal a decision of the WMP Compliance Official to the Planning Commission.
(b.) Any affected person may appeal a decision of the Planning Commission to the Town Council. Any member of the Council may require the review of a Planning Commission decision in accordance with Section 2.04.100 of this Municipal Code.
(c.) Appeals shall be submitted to the WMP Compliance Official or his/hertheir designee. Appeals shall be filed with the Community Services DepartmentTown Clerk within ten (10) consecutive calendar days following the date of action. If the last day to act fallsfall on a holiday or on, a Saturday, or a Sunday, the following business day shall be deemed to be the last day to act.
(d.) Except as otherwise provided for in this Code, an action which has been appealed shall not become effectiveaffective until a final determination is made by the appellate authority.
8.19.070 Enforcement.
(a.) Violation of any provision of this Chapter 8.19 may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the Town shall be entitled to recover its attorneys'’ fees and costs from a person who is determined by a court of competent jurisdiction to have violated this Chapter 8.19. b. Violation of any provision of this Chapter 8.19 shall constitute a misdemeanor punishable by a fine not to exceed $1,000.00 for the first violation, a fine not to exceed $2,500.00 for the second violation within one year, and a fine not to exceed $5,000.00 for each additional violation within one year. There shall be a separate infraction for each day on which a violation occurs. Where the violation is the failure to achieve the diversion requirement applicable to the project and the C&D materials from the project have already been landfilled, the violation shall be deemed to have ceased after a period of ten days. The Town shall recover costs and attorneys' fees incurred in connection with enforcement of this Chapter. (b) Violation of any provision of this Chapter shall be punishable in accordance with Chapters 1.01 and 1.08 of this Municipal Code.
(c) Where the violation is the failure to achieve the required Diversion, and the C&D Materials from the Project have already been landfilled, the violation shall be deemed to have ceased after a period of ten days. c.(d) Enforcement pursuant to this Section shall be undertaken by the Town through its Code Enforcement Division and the Code Enforcement Attorneyor its attorney.
(e) In the event the Town incurs attorney fees in any action or proceeding to abate a nuisance under Title 6 or under any other ordinance or Title of the Town of Apple Valley Municipal Code, pursuant to Government Code Section 38773.5, attorney fees are recoverable by the prevailing party, in those actions or proceedings in which the Town elects at the initiation of the action or proceeding, to seek recovery of its own attorney fees.
8.19.080 Time for submittalSubmittal.
(a) The Waste Management Plan (WMP) shall be submitted at the same time as the building permit application and shall be deemed an essential part of the application. No permit application shall be accepted by the Town without an accompanying WMP.
(b) Any correspondence concerning the WMP shall be directed to:
WMP Compliance Official
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
(c) Documentation as described in Section 8.19.050(a) shall be submitted prior to receiving a final inspection for the issued permit on any Covered Project.
Town Council Agenda Report
Date: February 22, 2022
To: Honorable Mayor and Town Council
Subject: VACANCY ON THE HISTORICAL ADVISORY COMMITTEE
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Town Clerk
Town Clerk
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Council Member Emick to nominate: ____________ to the Town of Apple Valley Historical Advisory Committee.
SUMMARY:
A vacancy currently exists on the Town of Apple Valley Historical Advisory Committee.
It is appropriate at this time for Council Member Emick, the appointing member, to nominate one (1) person to the Apple Valley Historical Advisory Committee.
Town Council Agenda Report
Date: February 22, 2022
To: Honorable Mayor and Town Council
Subject: VACANCY ON THE COMMUNITY DEVELOPMENT CITIZEN
ADVISORY COMMITTEE
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Town Clerk
Town Clerk
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Council Member Nassif to nominate: ____________ to the Town of Apple Valley Community Development Citizen Advisory Committee.
SUMMARY:
A vacancy currently exists on the Town of Apple Valley Community Development Citizen Advisory Committee.
It is appropriate at this time for Council Member Nassif, the appointing member, to nominate one (1) person to the Apple Valley Community Development Citizen Advisory Committee.
Town Council Agenda Report
Date: February 22, 2022
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION
From: Douglas Robertson, Town Manager
Submitted by: Douglas Robertson, Town Manager
Town Manager
Budgeted Item: Yes No N/A
A. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: one or more potential cases.
B. Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: one or more potential cases.
C. Conference with Real Property Negotiators – Pursuant to Government Code.
Section 54956.8. Property: Apple Valley Ranchos Water Company (now Liberty Utilities (Apple Valley Ranchos Water) Corp.); Authority Negotiator: Town Manager; Negotiating Parties: Liberty Utilities Co., Liberty WWH, Inc., Algonquin Power & Utilities Corp., Park Water Company, Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation: Price and Terms of Payment.
D. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.:
CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.