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.
O. "Large Venue" means a permanent venue facility that annually seats or serves an ave rage 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 faci lity. 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.
P. "Mandatory collection service" means that the collection of solid waste by the contractor shall be mandatory for all single -family homes, mobile homes, duplexes, multi -family residential complexes, commercial establishments (generating solid waste), restaurants, bars, nightclubs, eating houses, boarding houses, or other buildings or facilities where meals are furnished and generating solid waste.
Q. "Multi-family residential dwelling " 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.
R. "Organic waste " means solid wastes containing material originated from living organisms and their metabolic waste products, includ ing but not limited to food waste, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR section 18982(a)(46).
S. "Organic waste generator " means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR section 18982(a)(48) of SB 1383.
T. "Organic waste processing facility" means any facility selected by the city’s contractor that is designed, approved by the city, or specifically designated by the city, operated and legally permitted for the purpose of receiving and processing organic waste.
U. "Prohibited container contaminants " means: (i) discarded m aterials placed in the designated recycling container that are not identified as acceptable source separated recyclable materials for the city’s designated recycling container; (ii) discarded materials placed in the designated organic waste container that are not identified as acceptable source separated organic waste for the city’s designated organic waste container; and (iii) discarded materials placed in the garbage container that are acceptable source separated recyclable materials and/or source separat ed organic wastes to be placed in city’s designated organic waste container and/or designated recycling container.
V. "Property" means each address or unit located on a parcel, each of which shall be responsible for providing and maintaining its own solid waste receptacles and contract with the contractor for the collection of solid waste, except as otherwise provided in this Chapter.
W. "Recovered organic waste products " means products made from California, landfill -diverted recovered organic waste processed i n a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR section 18982(a)(60).
X. "Recyclable material" means those materials that may be capable of being recycled using available processes and markets and which would otherwise be processed or disposed of as garbage. Recyclable materials may be sorted, cleaned, treated or reconstituted and returned to the e conomic 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. When mandatory recycling programs are in place, and for the purposes of this chapter, designated recyclable materials shall include the following:
1. "Glass bottles and jars " means food and beverage glass containers including container glass covered by the California deposit law and excluding household and kitchen containers such as drinking glasses, cups, cooking and serving dishes.
2. "Metal" means recoverable aluminum, tin, and bimetal materials such as used beverage containers, siding, and other recyclable manufactured metal items.
3. "Newspaper" means materials printed on newsprint.
4. "Office paper" means waste paper grades of white and colored ledgers. Examples include forms, copy paper, stationery, and other papers that are generally associated with desk activity.
5. "Plastic beverage bottles " means plastic containers with narrow necks, or mouth openings smaller than the diameter of
the container bottles used for containing milk, juice, soft drinks or water intended for human consumption; to be distinguished from nonfood bottles such as those containing motor oil, detergent or other household products.
6. "Cardboard" means uncoated paperboard, such as cereal boxes, food and snack boxes, or uncoated old corrugated containers.
Y. "Residential premises " shall mean any property that is used for residential housing purposes and has four (4) or fewer distinct living units.
Z. "Responsible occupant " means and includes the owner, tenant, person in possession of, the inhabitant of, or a person who has the care and control of real property.
AA. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on S eptember 19, 2016, which added s ections 39730.5, 39730.6, 39730.7, and 39730.8 to the California Health and Safety Code, and added Chapter 13.1 (commencing with section 42652) to the Act.
BB. "Self-hauler" means a generator that collects solid waste at their premises or place of business for the purpose of hauling those materials in their own vehicles to a permitted solid waste facility in compliance with the requirements of this chapter.
CC. "Solid waste " means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, tires, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes all as provided in section 40191 of the Act, as may be amended from time to time.
DD. "Tier one commercial edible food generator " means a commercial edible food generator that is one of the following:
1. Supermarkets with gross annual sales of $2,000,000 or more;
2. Grocery store with a total facility size equal to or greater than 10,000 square feet;
3. Food service provider;
4. Wholesale food vendor; or
5. Food Distributor.
EE. "Tier two commercial edible food generator " means a commercial edible food generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;
2. Hotel with an on-site food facility and 200 or more rooms;
3. Health facility with an on -site food facility and 100 or more beds;
4. Large Venue;
5. Large Event;
6. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or
7. A local education agency facility with an on-site food facility.
8.24.030 Receptacles—Combining garbage—Recovering containers.
A. All organic waste generators as defined in the Act shall be required to source-separate their organic waste , place containers of organic waste in appropriate locations, and subscribe to service or self -haul the organic waste, all according to the requirements in this chapter and the Act.
B. Every person owning, managing or contr olling any property which is used for residential, business, or commercial purposes and which generates solid waste shall maintain at all times, in a place easily accessible to the solid waste contractor and where it will not be a public nuisance or in any degree offensive, a receptacle of suitable material or metal -lined box with suitable bail or handles and covers provided by the city’s contractor, and having a capacity of not more than ninety -six gallons, in which shall be placed all garbage, recyclable material, and organic waste accumulating on the premises; provided, however, that persons living in the same apartment house using a single garbage, recyclable material, or organic waste receptacle in common, and persons residing in properties in the R-E- 20 and R -E-40 zones, may utilize waste bins provided by the city’s contractor in excess of ninety-six gallons so long as the containers are neither stored nor maintained in the required front yard setback portions of the property (except that the containers may be placed at the curb or in an alley for a scheduled collection in compliance with
section 8.24.160); and provided further, however, that any business or commercial customer may use waste bins provided by the city’s contractor in excess of ninety-six gallons. Notwithstanding anything in this subdivision to the contrary, single -family residential customers may utilize bins provided by the city’s contractor in excess of ninety - six gallons for a period of not to exceed ninety days in the aggregate during any twelve-month period.
C. Garbage shall be drained prior to placement in the receptacle for collection.
D. Any person owning, managing, or controlling any property which is used for business, or commercial purposes and where food is handled commercially shal l keep all organic waste containers secured to prevent access by unauthorized persons, animals, wind, rain, insects, and rodents. If the containers are accessible at any time to unauthorized persons, the containers shall be kept locked to prevent access by anyone other than authorized persons or the contractor. All containers shall be supplied by the contractor.
E. The solid waste contractor shall replace the lid and, where required, the lock on each garbage, recyclable material, or organic waste container after emptying it.
F. In lieu of the requirements in subsection B of this section, businesses and commercial entities may use bins with a capacity of approximately one cubic yard up to and including six cubic yards, designed, or intended to be, mechanically dumped into a loader packer type truck and supplied by the contractor. Such containers shall be covered at all times, and after emptying same contractor shall place the container in the same location with the lids closed and, where required, the locks fastened.
G. All recyclable materials shall be separated from garbage and organic waste and placed in receptacles provided by the contractor.
H. Any person owning, managing or controlling any property located in the downtown area and within the boundaries of Specifi c Plan No. 182, which is used for multi -family residential, business, or commercial purposes shall keep all containers secured to prevent access by unauthorized persons, animals, wind, rain, insects, and rodents. If the containers are accessible at any tim e to unauthorized persons, the containers shall be kept locked to prevent access by anyone other than authorized persons or the contractor. Containers shall be supplied by the contractor. Specific Plan No. 182 is generally bounded by Madison Avenue on the north, Ballantyne Street / Avocado Avenue on the east, Lexington Avenue and W. Main Street on the south, and Chambers Street and W. Douglas on the west.
Specific Plan No. 182 is shown on Attachment A, a copy of which is
attached to the ordinance codified i n this section and on file in the office of the City Clerk.
I. Notwithstanding anything to the contrary contained in subsection B of this section, multi -family residential complexes of greater than three units shall utilize containers supplied by the contrac tor which are sufficient to provide service to the complex in the amount of not less than one-half of one yard per dwelling unit per week. Such containers shall be covered at all times, and after emptying same contractor shall place the container in the sa me location with the lids closed and, where required, the locks fastened. In the event that the city council determines that a multi-family residential complex receiving container service requires more frequent collection service than is required by the minimum standards as set forth in this s ubsection I for sanitation or health reasons, the city council may impose more frequent collection service requirements upon the residents of such complex by resolution adopted following a public hearing.
8.24.035 Residential Organic Waste Generator Requirements.
In compliance with SB 1383, residential premises shall comply with the following requirements except residential premises that meet the self - hauler requirements in section 8.24.060 of this chapter:
A. Subscribe to city’s organic waste collection services for all organic waste generated as described in the section below. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for e ach type of collection service for proper separation of materials and containment of materials; and, the responsible occupant of residential premises shall adjust its service level for its collection services as requested by the city. Responsible occupants may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community comp osting site pursuant to 14 CCR section 18984.9(c).
B. Participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.
C. Place (1) source separated green container organic waste, including food waste, in the designated organic waste container; (2) source separated recyclable materials in the designated recycling container; and (3) garbage in the designated garbage. Generators shall not place materials designated for the garbage container into the organics waste container or recycling container.
8.24.038 Commercial Organic Waste Generator Requirements.
Commercial businesses, including multi -family residential dwellings, shall:
A. Subscribe to the city’s three-container collection services and comply with requirements of those services as described below, except Commercial businesses that meet the self -hauler requirements in section 8.24.060 of this chapter. The city shall have the right to review the number and size of a generator’s containers and frequen cy of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Commercial businesses found out of compliance with this chapter shall adjust their service level for their collection services as requested by the city.
B. Except commercial businesses that meet the self-hauler requirements in section 8.24.060, participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as follows: (1) Generator shall place source separated green container organic waste, including food waste, in the designated organic waste container; source separated recyclable materials in the designated recycling container; and garbage in t he designated garbage; and (2) generators shall not place materials designated for the garbage container into the organic waste container or recycling container.
C. Supply and allow access to adequate number, size and location of collection containers with s ufficient labels or colors (conforming with requirements described in s ubsection (D), below) for employees, contractors, tenants, and customers, consistent with the city’s collection service or, if self-hauling, in accordance with the instructions of the commercial business to support its compliance with its self-haul program, in accordance with section 8.24.060.
D. Except for 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 gener ate 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 custome rs.
Pursuant to 14 CCR s ection 18984.9(b), the co ntainers provided by the business shall have either:
1. A body or lid that is gray or black for collection of garbage, blue for collection of recyclable materials, and green for collection of organic waste; or
2. Container labels that include language or grap hic 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.
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. The container labeling requirements are required on new containers commencing January 1, 2022.
E. Multi-family residential dwellings are not required to comply with container placement requirements or label ing requirement in this section.
F. Except for 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 in accordance with the city’s collection service or, if self -hauling, in accordance with the instructions of the commercial business to further comply with its self -haul program, in accordance with section 8.24.060.
G. Except for multi -family residen tial dwellings, periodically inspect organic waste, recycling, and garbage 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 organic waste and source separated recyclable materials.
I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from garbage (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 representative to their properties during all inspections conducted in accordance with section
8.24.060 to confirm compliance with the requirements of this chapter.
K. If a commercial business elects to self -haul, meet the self -hauler requirements in section 8.24.060.
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, pursuant to section 8.24.263.
8.24.040 Power of city council to contract for disposal.
The city council shall have the power to let contracts for the accumulation and disposal of solid waste as provided for in this chapter and may, as a condition for granting such contract, require a bond from the contractor in an amount determined by the council for the faithful performance of such agreement. In case the contractor shall fail or refuse to conform to the co nditions of such agreement and this chapter, the city council, at its option and after a hearing of which the contractor shall have ten days written notice, may terminate such agreement and let the contract to another contractor deemed more capable of carrying out the terms of such agreement. In letting contracts for solid waste collection, transportation, processing, and disposal, the city council shall not be required to let the same to the lowest bidder, but shall be free to let such contract to the cont ractor deemed best suited to comply with the terms of this chapter and such agreement.
8.24.050 Collection charges—Generally.
The collection of all solid waste in the city shall be a mandatory service provided by the contractor for all single -family homes, mobile homes, duplexes, multi -family residential complexes, commercial establishments (generating solid waste), restaurants, eating houses, boarding houses, or other buildings or facilities where meals are furnished and generating solid waste, unless otherwise excepted. Accounts shall be the responsibility of the owner or occupant of each property. Responsible occupants shall be billed periodically by the contractor for services rendered, at such rates as the city council may approve from time to time.
8.24.060 Collection charges—Exceptions.
A. The responsible occupant of any property subject to t he mandatory collection service requirements of this chapter may apply in writing to the contractor for an exception. Such exception may be granted with
sufficient proof of use of a city approved garbage, recyclable materials, or organic waste collection a lternative. The contractor’s determination to grant or deny a request for exception shall be made within ten days of receipt of the request. All exceptions shall be subject to monthly renewal, and the contractor shall provide a written report to the city, not later than the 15 th day of each month, setting for the names and addresses of customers who have been approved for an exception involving recyclables and organics, the length of the exception, and the reasons for the exception. Those who have been granted exceptions may from time to time be required to provide sufficient proof of use of such acceptable alternative method. Upon denial or conditional approval by the contractor, any applicant dissatisfied with such decision may appeal same to the city manager.
A decision by the city manager can be appealed to the city council.
Appeal to both the city manager and the city council must be filed in writing with the city clerk within fifteen days after notice of such decision. The decision of the city council shall be final and conclusive.
B. Self-haulers granted an exemption shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city’s organics and recycling collection program) generated on-site from 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.
C. Self-haulers shall haul their source separ ated 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.
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 was te facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information: (1) delivery receipts and weight tickets from the entity accepting the waste; and the amount of material in cubic yards or tons transported by the generator to each entity.
If the material is transported to an entity that does not have scales on- site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self -hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
8.24.070 Liability for charges.
The obligation to pay the charges provided in this chapter shall be upon the legal owner of the property serviced. Nothing in this section shall prohibit arrangements under which a responsible occupant of the property is billed and makes payments on behalf of the owner. However, no such arrangement shall relieve the owner of their ultimate obligation to pay for services rendered.
8.24.080 Failure to pay contractor for refuse collection.
A. An account is deemed delinquent if payment for collection services has not been received within fifteen days after the due date of the invoice for which service was rendered. Upon determination of delinquency, the contractor may give written notice to the delinquent account holder that the bill is now overdue and payable in full and shall attempt to collect payment through all available means, within thirty days of the date of such notice.
B. Provided adequate arrangements for payment have not been made between the contractor and delinquent account holder within five business days of the end of the earliest unpaid billing period, the contractor may assign the total unpai d bill amount to the city for collection. The assignment shall provide all pertinent data including the name and address of the residence owner billed, address and parcel number of the property billed, dates of the period of service unpaid, amount due and certification that the billing procedures pursuant to subsection A of this section have been fulfilled.
C. The delinquent bill presented by the contractor to the delinquent account holder pursuant to subsection A of this section shall include a written notice warning that nonpayment within five business days of the earliest unpaid period may result in assignment of the debt to the city for collection, may include collection charges and may result in the recordation of a lien against the property for which ser vice was rendered.
D. Upon receipt of assignment of the debt, the city shall advise the debtor in writing of the assignment, that a minimum fee of ten percent of the bill amount is imposed in all collection cases filed with the city, that an additional lien fee will be charged in all cases where the filing of a lien is necessary, and that thirty days notice is given to permit payment of the debt to the city to avoid payment of the lien fee and to avoid a special assessment against said property in the amount of all aforesaid fees and charges.
E. Originally billed amounts, which are collected by the city, shall be paid to the contractor on a quarterly basis. All fees and lien charges collected shall be retained by the city.
8.24.090 Special assessment collection.
A. The city may initiate proceedings to make delinquent refuse collection service fees and collection charges a special assessment against properties for which such debts were assigned to the city for collection.
B. A report of delinquent charges shall be transmitted to the city council, which shall fix a time, date and place for hearing the report and any protests or objections thereto.
C. The city council shall cause notice of hearing to be mailed to the owner of real property to which service was rendered not less than ten days prior to the date of hearing. At the time fixed for said hearing, the city council shall hear any objections of t he owner liable to be assessed for delinquent accounts. The city council may make such revisions to the report as it deems just and, if satisfied with the correctness of the report as submitted or revised, shall confirm or reject it by resolution.
The decision of the city council on the report and on all protests or objections thereto are final and conclusive.
D. Upon confirmation of the report by the city council, the amounts so approved shall be charged to the property owner on the next regular tax bill and shall be a lien upon the property involved. The city council shall cause the same to be recorded on the assessment roll and, thereafter, such assessment shall constitute a special assessment and lien upon the property.
8.24.100 Interest on unpaid assessments.
All such assessments remaining unpaid after thirty days from the date of confirmation of the assessment by the city council shall bear interest at the rate of seven percent per year from and after such date.
8.24.110 Collection charges—Unusual accumulations—Collections in certain places.
For unusual accumulations of rubbish or garbage, and for collection in places not otherwise provided for in this chapter, rates may be charged as shall be agreed upon by the garbage contractor and the responsible occupant of the property.
8.24.120 Collection charges—Requirement to pay.
No person having garbage or rubbish collected and disposed of as provided in this chapter shall willfully neglect or refuse to pay to the contractor the rates agreed upon for such service, subje ct to the maximum charges fixed in the contract with the city.
8.24.130 Solid waste generated off site —Placement in city waste containers prohibited.
City waste containers are placed in city parks and other public areas for the use of the public to control trash, litter and garbage, which is generated at their respective location. Such waste containers are not to be used as disposal sites for trash or r ubbish which is generated off site. It is unlawful for any person to place, dump, deposit or throw away solid waste, recyclables, yard waste, or other refuse or debris of any kind or character whatsoever in city waste containers if such was generated at a location other than where the waste container is located.
8.24.140 Solid waste —Disposal on private property prohibited — Exception.
It is unlawful for any person to place, d ump, deposit or throw away any solid waste, recyclables, yard waste or other refuse or debris of any kind or character whatsoever, upon any private property adjacent to or abutting upon any public highway, or public place, or upon any private property whatsoever, within the city unless such person first obtains the permission of the owner of such property to do so. It is unlawful for such person to deposit or place such materials in any waste container owned or used by the owner of such property unless such person first obtains the permission of the owner to do so. It is further unlawful for such persons to co-mingle their solid waste materials with that of another thereby avoiding payment for solid waste and recycling services under the franchise.
8.24.150 Disputes resolved by city council.
In all cases where a dispute arises as to the rate charged or to be charged for any service provided for in this chapter, the matter shal l be referred to the city council, which, upon due investigation, shall determine and fix such prices as it shall deem just and equitable. The determination of the city council shall be final and conclusive.
8.24.160 Schedule for collections.
All garbage and rubbish shall be collected from businesses and residences and all other collection points at least once a week, except for those businesses utilizing one and one -half- or three-cubic-yard containers supplied by the contractor, which collection shall be a minimum of once a week.
No container or receptacle shall be placed out at the curb or alley prior to four p.m. on the day prior to scheduled collection, and all containers shall be removed prior to noon on the day following the collection day.
8.24.170 Collection from parks and playgrounds.
The garbage and rubbish contractor shall collect the garbage and rubbish from receptacles at public parks and playgrounds immediately after each holiday and other days when such parks and playgrounds have extraordinary use. Otherwise such collections shall be made twice a week, one of which days shall be Monday. Said collection shall be performed without charge to the city.
8.24.180 Requirements as to construction of collection equipment.
No person shall remove any garbage or carry it through the streets and highways except in carts, trucks or trailers having metallic or metal-lined beds or metal tanks or metal containers with proper covers so that the garbage shall not be offensive. The garbage shall be protected from the wind and rain, and shall be loaded in such a manner that none of it shall fall, drop or spill upon the ground. The rubbish contractor shall provide solid lined beds with proper covers for rubbish.
8.24.190 Methods of disposal by garbage contractor.
All garbage and rubbish gathered and collected by the contractor shall be destroyed or otherwise disposed of by such contr actor in a manner satisfactory to the city council.
8.24.200 Burying or burning garbage and rubbish.
No person shall bury any garbage or rubbish in any yard or open space w ithin the city. The burning of garbage and rubbish is prohibited, except when done in accordance with Chapter 8.04 of this code, and with all other applicable statutes, ordinances and regulations.
8.24.210 Unauthorized collectors.
At such time as there is in force a contract entered into by the city with any contractor for the disposal of garbage and rubbish of the city or its inhabitants, it is unlawful for any person other than the contractor, or its agents and employees, to collect any garbage or rubbish for hire within the city.
8.24.220 Powers and duties of health officer.
The city health officer is empowered to inspect all wagons, carts, trucks or other vehicles used in the collection and disposal of garbage and rubbish, and to see that the same are kept clean and sanitary. The health officer shall also inspect all places where garbage or rubbish is deposited. It shall be the duty of the health officer to ensure compliance with all provisions of this chapter and all other health ordinances of the city.
8.24.230 Provisions applicable to recyclable material.
All provisions of this chapter applicable to the collection, accumulation and disposal of garbage and rubbish shall apply to recyclable material, including collection charges.
A surcharge may be imposed upon any contractor failing to comply with the mandatory recycling provisions of this chapter. To facilitate the county’s enforcement of the mandatory recycling program, the city has adopted, by resolution, the surcharges as set forth by the county. Such surcharges shall be collected by the county of San Diego. The current surcharge structure shall be on file with the city clerk and shall be in such amounts as the county may establish.
8.24.240 Waste generators and designated recyclable materials.
Waste generators and designated recyclables to be diverted are specified below for the purpose of implementing the city’s mandatory recycling program.
A. Residential recyclables: aluminum, tins and bi -metal cans, glass bottles and jars, white goods (appliances), newspaper, yard wastes, plastic beverage bottles.
B. Commercial Recyclables.
1. Office Buildings. Office buildings of more than twenty thousand square feet used for commercial, governmental, or educational purposes: aluminum, newspaper, corrugated cardboard, office paper.
2. Hospitality Facilities. All restaurants and taverns, and hotels and motels with eating and drinking establishments: aluminum, plastic b everage bottles, corrugated cardboard, tin and bi - metal cans, glass jars and bottles, white goods (appliances).
C. Industrial Recyclables: Industrial service loads consisting of ninety percent or more of any one of the following materials: dirt, asphalt, sand, land clearing brush, concrete, rock.
8.24.250 Preparation of designated recyclable materials for collection.
For designated recyclable materials generated within the city, the responsible occupant shall:
A. Separate all designated recyclable materials from other solid waste.
B. Group together all designated recyclable materials and place the group for collection as provided in this code, or as the contractor may designate to expedite collection of designated recyclable material.
C. Use the collection containers for designated recyclable material provided by the contractor.
D. A responsible occupant is not prohibited from using alternative collection and disposal methods which are not in conflict with the provisions of this code.
8.24.260 Scavenging of recyclable material prohibited.
Recyclable material (as defined in section 8.24.020(X) once placed at curbside or any designated pickup location, shall become the property of the city or its duly authorized contractor. It is unlawful for any person other than a representative of the city or its contractor to move, remove, interfere with, disturb, or tamper with said materials or their containers.
8.24.263 Commercial Edible Food Generator Requirements.
A. Tier one commercial edible food generators must comply with the requirements of this section beginning January 1, 2022, and tier two commercial edible food generators must comply with the
requirements of this section beginning January 1, 2024, pursuant to 14 CCR section 18991.3.
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, beginning January 1, 2024.
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 wi th, food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or, (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow the city’s designated enforcement entity to access the premises and review records pursuant to 14 CCR section
18991.4.
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); and (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; and
(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.
B. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Article 13 (commencing with section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the California Education Code, and to amend section 114079 of the California Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
8.24.265 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 speci fied 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; and
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, under 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; and
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR section 18991.3(b) shall, not later than each April 30 th, report to the city the total p ounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators with which they have established a contract or written agreement pursuant to 14 CCR section 18991.3(b).
D. In order to support edib le food recovery capacity planning assessments or other studies conducted by the county, city, any special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.
8.24.268 Requirements for Haulers and Facility Operators.
A. The city’s contractor providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries shall meet the following minimum requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:
1. Through written notice to the city annually on or before February 15 identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated organic waste;
2. Transport source separated recyclable materials and source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2;
3. 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 Construction and Demolition Debris in a manner that complies with 14 CCR section 18989.1, and section 8.24.060; and
4. Such other additional reports as may be required by agreement between the contractor and the city.
The city’s contractor authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with city.
B. Facility operators and community composting operations shall provide the following information, as applicable:
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 city 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 the city’s 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.
8.24.270 Penalty for violation.
Any person violating any provision of this chapter is guilty of a misdemeanor or an infraction in accordance with section 1.24.010 of this code.
8.24.275 Inspections and Investigations by the city.
A. The city’s representatives, its contractor, and any entity designated by the city, are authorized to conduct inspecti ons 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 chap ter 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 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 ordinance, city, its contractor, or designee, may conduct container inspections for prohibited container contaminants using remote monitoring.
B. Each regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its contractor or other designated entity during such inspections and in vestigations. 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) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
C. Any records obtained by the city during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code section 6250 et seq., and any common law applicable thereto.
D. City representatives, its contractor, and any designated entity, 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.
8.24.280 Public nuisance.
The violation of any provision of this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of this code.
SECTION 3. This ordinance shall go into effect thirty (30) days following its passage and adoption.
12/14/21 CC Agenda – 1st Reading
01/11/22 CC Agenda – 2nd Reading
Ord - Amend ECMC 8.24 Garbage Rubbish Refuse 120221
City Council
Agenda Report
Agenda Item 19.
DATE: January 11, 2022
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - Conference with Real Property Negotiators - pursuant to Government Code section 54956.8:
Properties: APN 488-192-08-00; APN 488-111-32-00
Negotiating Party: County of San Diego
City Negotiators: City Manager, Assistant City Manager, City Attorney Under negotiation: Price and terms for acquisition
RECOMMENDATION:
That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, January 11, 2022, at 3:00 p.m.
MORGAN L. FOLEY
City Attorney / General Legal Counsel
MLF:hms