CITY OF FERNDALE – HUMBOLDT COUNTY CALIFORNIA – U.S.A.
AGENDA – STUDY SESSION CITY COUNCIL
Location: City Hall
834 Main Street
Ferndale, CA 95536
Date: January 29, 2025
Time: 4:00pm
Posted: January 23, 2025
We welcome you to the meeting. Members of the Public may be heard on any Study Session item on this Agenda. Comments may be limited by the Mayor for time purposes, This City endeavors to be ADA compliant. Should you require assistance with written information or access to the facility, or a hearing amplification, please call 786-4224 24 hours prior to the meeting.
BEFORE SPEAKING ON ANY ISSUE, PLEASE WAIT TO BE
ACKNOWLEDGED BY THE MAYOR
1. CALL STUDY SESSION TO ORDER – Mayor
2. REVIEW & DISCUSS
a. Recology Universal Pickup Ordinance
3. ADJOURN STUDY SESSION
This notice is posted in compliance with Government Code §54954.2.
The next Regular Meeting of the Ferndale City Council will be held on Wednesday, February 19, 2025, in Ferndale City Hall, 834 Main Street, Ferndale at 6:00 p.m.
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ATTACHMENT A - LARGER PRINT WITH NO COMMENTS
ATTACHMENT B - WITH COMMENTS FROM HWMA
ORDINANCE 2025-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FERNDALE
ENACTING UNIVERSAL SOLID WASTE COLLECTION
WITHIN THE CITY LIMITS AS REQUIRED BY CALIFORNIA SB1383 § xx FINDINGS, PURPOSE, AND AUTHORITY.
The City Council of the City of Ferndale finds and declares:
A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (Cal. Public Resources Code §§ 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
B. Requirements in this chapter are consistent with other adopted goals of the city including the Humboldt Regional Climate Action Plan.
1. Reduce litter and other illegal solid waste disposal practices;
2. Maintain a healthy, safe, economical, coordinated, and orderly regulation of collecting, transporting, and/or disposing of solid waste kept, accumulated or produced within the city;
3. Encourage environmentally acceptable programs of source separation, recycling, composting and salvaging, and the reduction of the total solid waste generated on a city-wide and per capita basis;
4. Prevent nuisances and hazards to public health caused by improper solid waste and garbage disposal, accumulation, storage and removal;
5. Eliminate solid waste and garbage as a breeding site for insects or other vectors, and a food source for rodents and other animals; and
6. Reduce blighting conditions.
§ xx DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A term not defined in this chapter shall have the meaning defined by state law and regulation. If term defined herein differs from an applicable definition in state law or regulation, the definition in state law or regulation shall apply. The definition of a word applies to any of that word's variants.
ACCUMULATION: Refuse of any kind, as defined in this chapter, that is not properly contained or stored, or is not removed from the premises as required by this chapter, or is not removed at a frequency that precludes the potential for a nuisance or health hazard as determined by the city.
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______________________________________________________________ 2 ______________________________________________________________ BLUE CONTAINER: Shall be used for the purpose of storage and collection of source separated recyclable materials.
BROWN GOODS: Electronic equipment such as stereos, televisions, computers, VCRs, DVD players and other similar items. Though not required to be diverted from the waste stream per this chapter, many of these materials may be reused or recycled and are expected to be legally diverted from landfills.
BULKY ITEMS/BULKY GOODS: Discarded household appliances including refrigerators, ranges, washers, dryers, water heaters, dishwashers and other similar items (known as "white goods"). Though not specifically required to be diverted from the waste stream per this chapter, many of these materials may be reused or recycled, and are expected to be legally diverted from landfills. BULKY ITEMS/GOODS do not include any motor vehicle or any subassembly, component, or part thereof (except tires), any construction and demolition debris, nor hazardous or prohibited wastes.
CONSTRUCTION AND DEMOLITION DEBRIS: Materials resulting from construction, renovation, remodeling, repair, or demolition operations and which has been segregated for recycling, reuse or remanufacture. Materials include but are not limited to wood, asphalt, concrete, bricks, plaster, drywall, windows, wire, porcelain, toilets, dirt, gravel, rock, steel rebar, roofing material and other materials resulting construction, renovation, remodeling, repair, or demolition operations.
CITY ENFORCEMENT OFFICIAL: The City Manager or their designee.
COLLECT or COLLECTION: The operation of taking physical possession of, transportation of, and removal of solid waste materials from the premises or property where the materials are produced or generated to a point of disposal and/or recycling or composting.
COMMERCIAL BUSINESS or COMMERCIAL: A firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in 14 CCR § 18982(a)(6).
CONTAINER: Any and all types of solid waste receptacles approved by the city for use by customers used to store solid waste or recyclable materials including any cart, toter, can, bin, roll-off, compactor or similar receptacle
CURBSIDE: Adjacent to the curb of a public or private street or alley, or on streets without curbs, adjacent to the shoulder of the street; or in shopping centers, business parks and similar premises, adjacent to the garbage enclosures.
DESIGNEE: The person, organization or entity to which the city designates activities such as inspections, route audits, waste evaluations or other actions to comply with the requirements of this chapter. DESIGNEES can include the entity that the city designates to carry out some or all of the city's responsibilities for compliance or enforcement of this chapter. A designee may January 29, 2025
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______________________________________________________________ 3 ______________________________________________________________ be a government entity, a franchised hauler, a private entity, or a combination of those entities as determined by the city.
DISPOSAL: To deposit refuse into an approved solid waste landfill, transfer station, or container.
E-WASTE: Electronic equipment nearing the end of its useful life and determined by the Department of Toxic Substances Control, to be covered by the Electronic Waste Recycling Act of 2003. Computers, televisions, VCRs, stereos, copiers, and fax machines are common EWASTE products.
ENFORCEMENT ACTION: An action of the city to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
FRANCHISE AGREEMENT: An agreement between the city and an individual, association or firm, organization, or other business entity for the collection of solid waste, including recyclables and or organic waste.
FRANCHISEE: An individual, association, firm, organization, or other business entity who has entered into a franchise agreement with the city, whether or not said entity is operated for profit, for the collection of solid waste, including recyclables, within the city.
GARBAGE: Any solid waste material designated for landfill that is not designated for composting, reuse, or recycling. GARBAGE is designated for a gray container and not allowed in the blue or green container. GARBAGE does not include prohibited wastes such as hazardous waste and medical waste.
GRAY CONTAINER.:Shall be used for the purpose of storage and collection of Solid Waste GREEN WASTE: Recyclable/compostable plant materials or yard waste, resulting from the maintenance of any plants growing on a property, and that is to be composted, transported or collected at the premises where produced.
HAULER/FRANCHISE COLLECTOR: A person, company or entity, or the agents or employees thereof, whom the city shall have duly licensed, franchised, granted a permit to, or contracted with, to collect, carry, transport, compost, and/or recycle solid waste, recyclables, and organic waste for the city. The hauler operates routes or provides regular service and is directly or indirectly reimbursed for the collection and disposal of solid waste in the city.
HAULER ROUTE: The designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR § 18982(a)(31.5).
HAZARDOUS WASTE:
1. Any material, which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may cause or significantly contribute to an increase January 29, 2025
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______________________________________________________________ 4 ______________________________________________________________ in mortality or an increase in serious illness or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged or any waste which is defined or regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or asbestos under applicable law. If two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste adopt conflicting definitions of HAZARDOUS WASTE, for purposes of collection, transportation, processing and/or disposal, the broader, more expansive definition shall be employed for purposes of this subchapter. Hazardous waste includes, but is not limited to any of the following:
a. Materials regulated by Cal. Public Resources Code § 40141, Cal. Health and Safety Code §§ 25110.02, 25115, 25117, 25281 or 25316 (the California Hazardous Waste Control Act), and Cal. Water Code § 13050;
b. Low-level radioactive waste regulated under Cal. Health and Safety Code Div. 20, Ch. 7.6 (commencing with § 28500) or under Cal. Health and Safety Code, Div. 20, Ch. 6.1 (commencing with § 25015);
c. Materials regulated under the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., as amended (including, but not limited to, amendments thereto made by the Solid Waste Disposal Act Amendments of 1980), and related federal, state, and local laws and regulations;
d. Materials regulated under the Toxic Substance Control Act, 15 U.S.C. §§ 2601 et seq., as amended, and related federal State of California, and local laws and regulations, including the California Toxic Substances Account Act, Cal. Health and Safety Code §§ 25300 et seq.;
e. Materials regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., as amended, and regulations promulgated thereunder; or materials regulated under any future amendments to or re-codification of these statutes or regulations promulgated thereunder and any future additional or substitute federal, state or local laws and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste.
f. These materials may not be disposed in landfills, and shall be disposed appropriately at an approved HAZARDOUS WASTE disposal facility.
MEDICAL WASTE: Waste, including bio-hazardous waste, non-RCRA pharmaceutical and sharps waste, as defined by Cal. Health and Safety Code Div. 104, Part 14 (§§ 117600 et seq.), or subsequent revision and home-generated sharps and pharmaceuticals accumulated at a consolidation point. MEDICAL WASTE may originate from, but is not limited to, hospitals, public or private medical clinics, research laboratories, pharmaceutical industries, blood banks, pathology laboratories, clinical laboratories, veterinary facilities, dialysis or other specialty clinics and other medical facilities. These materials may not be disposed in landfills, and shall be disposed appropriately at an approved hazardous or MEDICAL WASTE disposal facility. MEDICAL WASTE does not include any waste which has been rendered non-biohazardous.
MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY (MFD): Of, from, or pertaining to residential premises with five or more dwelling units. MULTI-FAMILY premises January 29, 2025
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______________________________________________________________ 5 ______________________________________________________________ do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
NOTICE OF VIOLATION: A notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4.
OCCUPANCY, OCCUPIED: Premises that are occupied when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining whether a premise is OCCUPIED during periods when collection service is made available to such premises, OCCUPANCY is presumed, unless evidence is presented that gas, electric, telephone and water and sanitary sewer utility services were not being provided to the premises during such periods.
OCCUPANT: The person(s) holding possession of premises for permanent or temporary use.
ORGANIC WASTE: Solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR § 18982(a)(46). Biosolids and digestate are as defined by 14 CCR § 18982(a).
OWNER or PROPERTY OWNER: The owner of record as shown in the County Assessor's current records as the holder or holders of title to the real property constituting the premises to which refuse collection service is provided.
PAPER PRODUCTS: Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR § 18982(a)(51). Printing, writing papers including, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, notepads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR § 18982(a)(54).
PREMISES: Any land, building or structure, or portion thereof, where any refuse may be produced, kept, deposited, placed or accumulated.
PROHIBITED CONTAINER CONTAMINANTS: The following:
1. Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the jurisdiction's blue container;
2. Discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in jurisdiction's green container and/or blue container; and
3. Excluded waste placed in any container.
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______________________________________________________________ 6 ______________________________________________________________ RECOVERY: Any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).
RECYCLABLE WASTE MATERIALS: Materials removed or separated from other residential, commercial or industrial garbage or solid waste for purposes of reuse, reprocessing or composting. These materials are expected to be legally diverted from landfills whenever possible. Examples of these materials include but are not limited to:
1. All recyclable containers, including but not limited to aluminum cans, aerosol cans, containers made of tin and bi-metal, glass bottles and jars, and plastic bottles and packaging and plastic bags;
2. All recyclable paper/fiber including but not limited to newspaper, magazines, white paper, colored paper, cardboard, junk mail, phone books and catalogues;
3. Construction and demolition debris;
4. Bulky items including brown goods, white goods and tires;
5. Clothing and textiles.
RESTAURANT: An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR § 18982(a)(64).
ROUTE REVIEW: A visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR § 18982(a)(65).
SELF-HAULER: A person or organization who hauls solid waste, organic waste, or recyclable materials he or she has generated to another person. SELF-HAULER also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR § 18982(a)(66)(A).
SINGLE-FAMILY: Of, from, or pertaining to any residential premises with fewer than five units.
SOLID WASTE: All putrescible and non-putrescible solid, semisolid, and liquid wastes, and all recyclables and organic waste, including but not limited to garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, except that SOLID WASTE does not mean or include any of the following wastes:
1. Hazardous waste, as defined in Cal. Public Resources Code, § 40141;
2. Sewage collected and treated in a municipal or regional sewage system, or other highly diluted water-carried materials or substances less than 50% solids content by weight.
3. Substances having commercial value which have been salvaged for reuse, composting, recycling, or resale, including but limited to recyclable waste materials or organic waste once these are contained within a collection bin and/or vehicle.
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4. Mulch, compost or compost piles which are produced or kept at a residence, providing they are properly maintained and stored and not creating a potential health hazard or nuisance.
5. Special waste, as defined in this subchapter;
6. Radioactive waste regulated pursuant to the Radiation Control Law (Cal. Health and Safety Code Div. 104, Part 9, Ch. 8 (commencing with § 114960)); and
7. Medical waste regulated pursuant to the Medical Waste Management Act (Cal. Health and Safety Code Div. 104, Part 14 (commencing with § 117600)). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in § 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to this division.
SOURCE SEPARATED: Materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR § 17402.5(b)(4). For the purposes of this chapter, SOURCE SEPARATED shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.
SOURCE SEPARATED RECYCLABLE MATERIALS: Source separated non-organic recyclables.
SPECIAL WASTE: Any waste matter which is a hazardous waste or which requires special handling or processing, including any of the following: flammable waste; waste transported in a bulk tanker; liquid waste; sewage sludge; waste from a septic system or other wastewater treatment or pollution control process; residue and debris from the cleanup of a spill or release of any chemical substance; any soil, waste, residue, debris or other material contaminated by any hazardous material or hazardous waste; dead animals; manure; explosive substances or substances or materials that have been exposed to highly infectious or contagious diseases.
STATE: The State of California.
TRANSFER STATION: Those facilities used to receive solid wastes and to temporarily store, separate, convert, or otherwise process the solid waste and/or recyclables, in preparation for transport.
VECTOR: A carrier, usually insects or rodents that are capable of transmitting a disease.
WHITE GOODS: Kitchen and laundry appliances or other large appliances or similar items.
YARD WASTES: Leaves, grass, weeds and wood materials from trees and shrubs.
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______________________________________________________________ 8 ______________________________________________________________ § xx MANDATORY COLLECTION SERVICE.
E. Use of city's franchise collection/hauler service required.
1. The periodic collection of garbage and other solid waste materials from improved properties in the city benefits occupants of places and premises in the city, and promotes and protects the health, safety and welfare of all residents of the city.
Therefore, collection services provided by the city's franchise collector/hauler are mandatory for all owners of improved property within the city in or from which solid waste is created, accumulated or produced.
2. Solid waste must be regulated to the extent necessary to protect the health, safety, and welfare of the public, to conserve disposal capacity, to meet state laws and to ensure cost effective public service. To this end, the City Council finds that to give practical effect to this policy, a mandatory collection ordinance to regulate the collection of waste and disposal of solid waste in the city is essential.
F. Applicability.
1. Mandatory collection service is required for the collection of garbage, and other solid waste materials generated on all occupied properties within the city, as identified in this chapter. As mandatory collection service is implemented and becomes available pursuant to the subscription guidelines of this chapter, the owner, tenant or occupant of every parcel with one or more businesses and/or residential buildings approved for occupancy and located within the city must subscribe to and thereafter use regularly the collection service franchised by the city.
2. No provision herein contained should be construed to conflict with any provision of the Integrated Waste Management Act, the Medical Waste Management Act, or any other state or federal law. In the event such a conflict exists, or should exist in the future, state or federal law should be controlling. This chapter is not intended, nor shall it apply to transfer stations or other solid waste disposal facilities.
3. Subscription to collection service. Subscription to mandatory collection service should not be required until the service becomes available to each affected property.
The property owner of each occupied premises must assume responsibility for subscribing to collection service within seven days of either written notification from the city or occupancy of the premises, whichever is sooner. At the city's discretion, providing collection service to all properties may be implemented in phases as determined by what is most efficient and cost effective and as programs become available and economically viable.
4. Property owner responsible for securing collection service. The owner of any improved property in or from which garbage is created, accumulated or produced is responsible for subscribing to the collection service to be rendered to such property January 29, 2025
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______________________________________________________________ 9 ______________________________________________________________ by the city's franchised collection service. It is the property owner's responsibility, not the tenant's, to secure and maintain collection services.
5. Payments on behalf of owner permitted. Nothing in this chapter is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments for collection service are made by a tenant or tenants, or any agent on behalf of the owner; however any such arrangement will not affect the owner's obligation to the city or to the franchise collector/hauler for payment for such service.
G. Written notice required for non-use. The city's franchise collector/hauler must give written notice to the City Manager or designated representative of the address of any occupied premise within the city which is not subscribing to the collection and disposal service provided by the collection service franchised by the city.
H. Failure to subscribe.
1. If the City Manager has reason to believe that any person required to subscribe for service has failed to subscribe or failed to maintain a subscription for service, the City Manager may cause written notice to be mailed to the owner of the real property so affected directing the owner to subscribe for such service within ten days after the date of the notice.
2. Any such notice must state that if the person to whom it is directed fails within the ten day period to subscribe for such collection service, or fails to appear and show sufficient cause why such person should not be required to subscribe, the Manager may authorize such service and the charges therefore will be assessed against the real property upon which the premises served are located.
3. After notice and a public hearing, unpaid delinquent accounts may be confirmed by the City Council, and the amount confirmed will constitute a lien on the property.
The lien will continue until the amount of the charges and interest thereon at the legal rate, computed from the date of confirmation of the charge, is paid in full or until it is discharged of record.
4. Alternatively, or in addition, the confirmed amount may be made a personal obligation of the property owner of record. Alternatively, or in addition, the confirmed amount may be specially assessed against the real property involved and collected at the same time and in the same manner as ordinary real property taxes.
I. Exemptions. Property owned by federal, state or local governments will be exempt from the requirements of this section.
§ xx CURBSIDE BULKY ITEM/GOODS COLLECTION.
A. The curbside collection of residential bulky item/goods will be offered by the city's franchise collector/hauler. Each residential property owner may receive two collections Commented [MOU1]: Review section council
Commented [MOU2]: Fill in amount of pickups
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______________________________________________________________ 10 ______________________________________________________________ per year, and may be used for disposal of white goods and other items as approved by the franchise collector/hauler. Residents may contact the franchise collector/hauler directly to access this service. Bulky items/goods placed on the curb for collection will be placed separately from garbage and other recyclables. Many of these materials may be reused, recycled or composted, and are expected to be legally diverted from landfills whenever possible.
B. Bulky items/goods which are placed in a designated recycling collection location for collection by the city's authorized franchise collector/hauler will remain the property of the bulky goods generator until such bulky goods are collected by such authorized franchise collector/hauler.
C. Upon the collection of such bulky items/goods, such bulky items/goods will become the property of the authorized franchise collector/hauler or of the city as set forth in the agreement for collection of bulky items/goods entered into by the city and such franchise collector/hauler.
§ xx REQUIREMENTS FOR COMMERCIAL BUSINESSES INCLUDING MULTIFAMILY RESIDENTIAL DWELLINGS.
Generators that are commercial businesses, including multi-family residential dwellings, will:
A. Subscribe to the city's garbage collection services and comply with requirements of those services as described below. The city will 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 separation of materials and containment of materials; commercial businesses will adjust their service level for their collection services as requested by the city.
B. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and gray container collection service.
C. Provide or arrange access for city or its agent to their properties during all inspections.
1. A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this division prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR § Commented [MOU3]: Council review
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______________________________________________________________ 11 ______________________________________________________________ 18984.8, the container labeling requirements are required on new containers commencing January 1, 2023.
D. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's blue container and gray container collection service.
E. Excluding multi-family residential dwellings, periodically inspect blue containers and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).
F. Provide education information before or within 14 days of occupation of the premises to new tenants and the location of containers and the rules governing their use at each property.
§ xx COLLECTION AND DISPOSAL OF PROHIBITED WASTES.
No person will knowingly dispose of any prohibited waste with any garbage, organic waste or recyclable materials. Prohibited wastes will include all current hazardous substances, hazardous wastes, electronic wastes (e-waste), and all future prohibited substances or wastes determined to be hazardous by authorities or legislation. All such prohibited hazardous wastes will be collected, transported and disposed in compliance with all applicable federal, state, and local laws and regulations. A list of prohibited wastes will be available for review at the offices of the Humboldt Waste Management Authority.
§ xx INDIVIDUAL WASTE REMOVAL.
A. Nothing in this chapter should be interpreted to prevent any person from carrying his or her own solid waste including garbage, recyclable materials, and organic waste to an approved public or private disposal site for which a valid permit is in effect.
B. It is unlawful for any person transporting solid waste within the city to suffer, allow, or permit any portion of the load to be lost in transit.
§ xx LITTERING; UNLAWFUL DISPOSAL.
A. It is unlawful for any person to throw or deposit any solid waste materials, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park, or other public place. Except for clean fill, and finished compost, it shall be unlawful to throw or deposit solid waste in or upon any vacant lot or back yard, or to store or keep the same otherwise than in containers or bins as required by this chapter.
B. It is unlawful to have, store, deposit, or keep solid waste where rodents can have access thereto or feed thereon.
C. Each day's violation of this section will be treated, considered, and be a separate and distinct offense.
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______________________________________________________________ 12 ______________________________________________________________ D. It is unlawful for any person to knowingly deposit in any container for collection by a commercial refuse collector, any of the following materials:
1. Hazardous wastes or other prohibited waste as defined by state law.
2. Liquid wastes, including petroleum products or septage.
3. Automobiles, automobile bodies, automobile frames, engines or engine blocks or portions thereof. Light-gauge automobile parts such as hoods, doors, grilles, or fenders are permitted.
4. Animal bodies or portions thereof, except for dogs, cats or smaller animals, not exceeding 25 pounds each, on an individual basis or as permitted by local disposal facility.
5. Hot ashes or burning material.
6. Fish processing wastes more than four days old.
§ xx EXCLUSIONS.
A. Appear and show cause for exclusion.
1. Any written notice sent to a property owner must include an option to appear before the City Manager, or a designated representative, at a time specified within the notice to show cause why such person should not be required to subscribe for the collection of garbage. In addition, any property owner not receiving a notice may arrange to appear before the City Manager, or a designated representative, at a time specified to show cause why such person should not be required to subscribe for the collection service. At the appearance, the Manager may find excluded from the requirements of said section only those persons who show:
a. That they are not owners of the property mentioned; or b. That the property is not within the city limits; or
c. That the property is vacant; or
d. That the residential unit or structure on the property is vacant or temporarily unoccupied for a period in excess of one month; or
e. Unique parcel specific conditions which compel the property owner, tenant or occupant to self haul their garbage to the transfer station. Such conditions may include properties with long, narrow or steep driveways where the franchisee, in the opinion of the City Manager, is unable to properly and safely use the franchisee's equipment, and granting such exclusion would not create a nuisance; or
2. That the owner or occupant legally recycles and composts virtually all their solid waste so that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by them if they are not provided with collection and disposal services by a collector.
Commented [MOU5]: Council review
Commented [MOU6]: Council Review
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3. Declaration required.
a. All persons claiming an exclusion per this section must occupy the property and will be asked to sign a declaration or affidavit, under penalty of perjury, once per year stating that they legally recycle and compost virtually all their solid waste so that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by them.
b. The signed affidavit must be submitted in person, electronically or through the mail on or before June 1 in order to be excluded from subscribing to collection services for the subsequent fiscal year (July 1 through June 30).
Those affidavits submitted electronically must have a timestamp on or before June 1. Those affidavits submitted through the mail must be postmarked on or before June 1. There will be a five-day grace period for extenuating circumstances as deemed appropriate by the City Manager, or a designated representative.
c. Any exclusion granted by the City Manager is revocable for cause, as determined by the City Manager. Any exclusion granted by the City Manager can be made conditional, as needed to ensure continuing eligibility.
Violations of any such conditions can result in the revocation of the exemption, and/or result in the assessment of penalties. § xx DISCONTINUING SERVICE UPON VACANCY.
The owner of any premises required to subscribe to a collection service under this chapter may discontinue service when the premises are vacant or the occupant is traveling out of town for one or more months. The owner is required to submit written notice of such vacancy to the city's franchise collector/hauler. Monthly collection fees will continue to accrue until such time as notice is received by the city's franchise collector/hauler. This section may be used by the owner no more than twice per calendar year. In the event of a dispute arising under this section, the dispute shall be reviewed as set forth in this chapter. § xx BILLING FOR SERVICES.
The city's franchise collector/hauler shall be responsible for billing collection subscribers. In the event that accounts become more than 60 days delinquent, the franchise collector/hauler may submit those accounts to the city for collection. The franchise collector/hauler shall not cease to provide for properties which have delinquent accounts.
§ xx RATE DEVIATIONS.
A. Metered rates. The city's franchise collector/hauler will include metered service which provides market based incentives to reduce waste and increase waste diversion through curbside collection of recyclable waste materials. Metered service will require that residents and other users, particularly those who recycle and compost the vast majority of their waste, have the opportunity to pay lower rates for smaller garbage bins/carts, thus encouraging higher rates of waste diversion.
B. Appropriate rates. The accumulation of solid waste in certain instances may be so far above the normal or average, that the rates approved by the City Council may not be Commented [MOU7]: Does the city have or want a
penalties section in their current city code?
Commented [MOU8]: Specify month requirements
Commented [MOU9]: Council, franchise hauler review
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______________________________________________________________ 14 ______________________________________________________________ sufficient to fairly compensate the collector for collecting the same, or the accumulation of solid waste in certain instances may be so far below the normal average that the rates fixed by the City Council may not be fair and just to the property owner obligated to pay for the removal of solid waste. If, after attempting to resolve the rate difference, either the collector or the property owner believes such to be the fact, a written application may be made to the City Manager for potential relief, and it will be the duty of the City Manager to make an investigation and, if possible, to fix a rate fair to both parties.
C. Disputes over charges made by collectors, or as to the character of the service performed, will be decided by the City Manager or designee. § xx STORAGE.
A property owner or occupant shall store garbage, recyclable, and organic waste materials on their premises, or shall require it to be stored or handled, in such a manner so as not to promote the propagation, harborage or attraction of vectors, or the creation of a nuisance. It shall be unlawful for any person to allow solid waste to accumulate outside of an authorized waste container.
A. Franchise collector/hauler to provide containers. The city's franchise collector/hauler will provide containers to properties subscribing to collection service. The franchise collector/hauler will provide a variety of container sizes to meet the different needs of households. It will be the duty of every property owner, tenant, lessee, or occupant of any premises to arrange for containers large enough to hold all solid waste ordinarily accumulated on the premises in one week's time. Containers must be watertight, have suitable bails or handles and a tight-fitting cover.
B. Maintenance and location.
1. All containers, when leaking or in a defective state, must be cleaned, repaired or replaced by the franchise collector/hauler.
2. Individually-serviced residences. Containers must be placed for collection day such that they are easily accessible for collection as approved by the collector. Such placement should occur no earlier than 5:00 p.m. on the day prior to the scheduled collection day, nor later than 10:00 p.m. Emptied containers should be removed promptly from the curb, no later than the day following collection.
3. All other occupancies. Cans, bins, bulk waste containers, and other vessels for waste storage by all other occupancies must be placed such that they are easily accessible for collection as approved by the collector. § xx FREQUENCY OF COLLECTION OR REMOVAL.
Refuse must be collected or removed as follows:
Commented [MOU10]: Review with hauler and council,
reduced fees for seniors could go here as well.
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______________________________________________________________ 15 ______________________________________________________________ A. Food stores and markets, restaurants and other commercial and industrial occupancies generating substantial quantities of solid waste will have the same removed at least two times per week.
B. All other occupancies will have solid waste removed at least once a week.
C. Notwithstanding divisions (A) and (B) above, every occupancy will remove and/or subscribe to a waste removal schedule as frequently as necessary to maintain sanitary, nuisance-free, vector-free, clean and aesthetic conditions on the premises.
D. Said solid waste will be collected and removed pursuant to the schedules of this section except when prevented by disruptions due to strikes, severe and unusual weather conditions, or other acts of God which prevent collection, or holidays interrupting the normal seven-day collection cycle.
E. Except in cases of emergency, no regularly scheduled collection will be made on Sunday.
§ xx DELINQUENT ACCOUNTS.
A. When a delinquent account is forwarded to the city by the city's franchise collector/hauler, the city will then, pursuant to the authority contained in Cal. Gov't Code § 38790.1, attempt to collect the delinquent fees in the manner described in Cal.
Gov't Code § 25831.
B. Late fees. Prior to forwarding a delinquent account to the city, a late fee will be applied to delinquent accounts by the city's franchise collector/hauler as an incentive to secure payment. The amount of the fee will be determined by the city's franchise collector/hauler and authorized by the City Council.
§ xx RIGHT TO COLLECT SOLID WASTE.
A. Only the city and its duly authorized agents, servants, or employees, or persons holding a permit or contract for the collection of solid waste, and recyclables will have the right to gather and collect in the city, and it will be unlawful for any person to gather or collect the same except as provided in this chapter.
B. The city may issue permits to non-profit organizations for temporary curbside or dropoff collection of recyclable materials.
C. The Council hereby finds that approved methods of solid waste management, collection and disposal are essential to the preservation of the health, safety, and well-being of the public within the city.
D. The Council hereby finds that the city is empowered by its Charter and by the Cal.
Public Resources Code to contract for collection and disposal of solid waste under such terms prescribed by the Council through ordinance.
Commented [MOU12]: Review and make applicable to
Ferndale service needs
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______________________________________________________________ 16 ______________________________________________________________ § xx UNAUTHORIZED COLLECTION PROHIBITED.
A. No person, other than an authorized franchise collector/hauler, will remove solid waste, including garbage, recyclables, organic waste or bulky items/goods which have been placed in a designated collection location. Any and each such removal in violation hereof from any designated recycling collection location will constitute a separate and distinct offense.
B. Any person who violates any provision of this chapter may be charged with an infraction or misdemeanor at the discretion of the City Attorney. Each removal in violation of this chapter will constitute a separate and distinct offense. § xx CIVIL ACTION BY FRANCHISE COLLECTOR/HAULER.
Nothing in this chapter will be deemed to limit the right of an authorized franchise collector/hauler to bring a civil action against any person who violates this chapter. § xx COLLECTION CONTRACT.
A. Contract.
1. Term. An exclusive contract for the collection and disposal of solid waste for a period not to exceed ten years may be entered into by the city in accordance with and subject to the terms and conditions of this chapter.
2. Bidding. The Council may award an exclusive contract with or without competitive bidding under the Cal. Public Resources Code for the collection of solid waste within the city.
3. Extension of term. From time to time, the City Council, after a public hearing, may extend a contract for the collection and disposal of solid waste for successive periods of ten years each, provided that the Council finds the contractor is providing good service at competitive rates.
4. Disposal plans. Such contract will provide that the contractor will collect and dispose the solid waste in the city in the manner provided in this chapter, and in accordance with applicable state and federal laws and regulations.
5. Rates. The contractor will not charge any amount in excess of the rates specified by the City Council.
6. Bond. The contractor may be required to furnish a surety bond to the city in an amount established by the City Council, conditioned upon the faithful performance of the contract and the provisions of this chapter.
7. Sole and exclusive rights of contractor. The contractor will have the sole and exclusive right, subject to the provisions of this chapter, to collect all solid waste in the city and transport the same through the streets and public ways of the city. An exclusive right to collect all solid waste in the city will not be applicable to public entities, or to self-disposal as permitted by this chapter.
Commented [MOU13]: City attorney weigh in and
provide current city code for city to levy infractions
Commented [MOU14]: Council review
Commented [MOU15]: Council determine appropriate
contract length.
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8. Additional terms. The Council, by ordinance, will have power to provide for the inclusion in such contract of such terms as it deems necessary to protect the interests of the city.
9. Award of contract. Before the Council awards a contract, the Council will consider the following: the proposed method of collection and disposal of solid waste; the financial stability of the collector or bidder; level of service to be provided by collector or bidder to the city; rates to be charged by the collector or bidder for collection; the level of service to be provided to city-owned public facilities; and quantity and quality of equipment and assets owned by the collector or bidder to be used in collection.
B. Collection at city-owned facilities.
1. City buildings and facilities. The entity to whom a collection contract is awarded will collect and dispose of the solid waste produced and generated at any cityowned and operated public building or facility, including but not limited to City Hall, City Police Station, City Main Fire Station and all fire stations, List all city owned building here and other city-owned and operated buildings, parks or playgrounds. Collection of such solid waste will be made at least once each week or per terms of an approved franchise contract.
2. City containers. The city will place all solid waste in containers, bins, or hoppers ready for collection by the contractor.
3. Street solid waste containers. The contractor, at no charge to the city, not less frequently than once a week, will service street garbage and recycling containers placed and maintained by the city on any public street or sidewalk. § xx COLLECTION VEHICLES.
A. All equipment and containers used for the collection and hauling of solid waste will be so constructed and maintained as to prevent leakage, spillage, or overflow. All trucks and equipment will be clearly identified by an assigned equipment number and with the licensee's name and local telephone number affixed thereto.
B. All collection vehicles will be well maintained, painted, clean and in satisfactory mechanical condition.
C. For servicing large, bulky, dry loads, an open steel truck bed may be used provided adequate canvas or other covers are applied to restrict any loss of debris. § xx INSPECTIONS AND INVESTIGATIONS BY CITY.
A. City representatives and/or its designees 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, haulers, self-haulers subject to applicable laws. This Commented [MOU16]: City Manager review
Commented [MOU17]: City manager and franchise
hauler review, provide update or redact as needed
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______________________________________________________________ 18 ______________________________________________________________ section does not allow city to enter the interior of a private residential property for inspection.
B. Regulated entity must provide or arrange for access during all inspections (with the exception of residential property interiors) and must cooperate with the city's designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, or any other requirement of this chapter 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 and may result in penalties.
C. Any records obtained by city or its designee during its inspections will be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Cal. Gov't Code §§ 6250 et seq.
D. The city and/or designee are authorized to conduct any inspections as reasonably necessary to further the goals of this chapter, subject to applicable laws.
§ xx ENFORCEMENT.
A. The city has broad authority to enforce the provisions of this chapter including, but not limited to, issuance of a citation, a notice of violation, a notice to abate, an administrative fine, or a declaration of nuisance.
B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently substantial number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources. The city may record any notices as liens against the subject property.
C. Responsible entity for enforcement. Enforcement pursuant to this chapter may be undertaken by the City Enforcement Official or their designee and the City Attorney.
D. Process for enforcement.
1. The City Enforcement Official and/or their designee will monitor compliance with the chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. The city may issue an official notification to notify regulated entities of its obligations under this chapter. The City Enforcement Official and/or their designee will issue a notice of violation requiring compliance within 60 days of issuance of the notice.
2. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city will commence an action to impose penalties, via an administrative citation and fine, pursuant to the city fine guidelines at the city's discretion. Notices will be sent to the "owner" at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party Commented [MOU18]: City manager call out appropriate
positions for this task
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______________________________________________________________ 19 ______________________________________________________________ responsible for paying for the collection services, depending upon available information.
3. Property owners in the city are responsible for violations caused by tenants.
E. Penalty amounts for types of violations. The penalty amounts for types of violation will be consistent with the City of Ferndale Code § xxx and the city may update the penalty amounts, procedures and process from time to time to ensure compliance with this chapter.
F. Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the city's procedures in the city's codes for appeals of administrative citations § The city will appoint a hearing officer who will conduct the hearing and issue a final written order. Any affected person who is dissatisfied with the determination of the City Manager may appeal the same to the City Council.
G. Education period for non-compliance. Beginning July 1, 2025 and through June 30 2026, the city or its designee will conduct inspections, route reviews or waste evaluations, and compliance reviews. It will provide educational materials to the entity describing its obligations under this chapter.
H. Civil penalties for non-compliance. Beginning July 1, 2026, if the city and/or designee determines that a waste generator, self-hauler, hauler, or other entity is not in compliance with this chapter, it will document the noncompliance or violation, issue a notice of violation, and take enforcement action.
I. Fee disputes; limitations on time to challenge. Any subscriber that disputes for any reason a fee or charge imposed under the authority of this chapter may seek review of that fee as set forth in this section. Any and all fee disputes must be filed no later than 30 days after the fee or charge is assessed. If an appeal is not filed within 30 days, the fee or charge is final, unappealable, fully due and payable, and subject to all applicable collection and lien remedies.
Commented [MOU19]: City attorney, city manager place
proper code as needed.
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______________________________________________________________ 20 ______________________________________________________________