Agenda — Norco City Council, June 5, 2024 (part 4 of 4)

ATTACHMENT(S):

Ordinance No. 1117 for Code Amendment 2024-01
Exhibit A - NMC Chapter 18.30.46 with Redlines - Copy

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ORDINANCE NO. 1117

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING ZONE CODE AMENDMENT 2024-03: A CITY INITIATED AMENDMENT TO TITLE 18, SECTION 18.30.46 – ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS,

UPDATING/CLARIFYING THE PROVISIONS FOR PARKING, UNIT SIZE,

EXTERIOR LIVING AREAS, AND CROSS REFERENCES TO STATE ADU LAW IN RESPONSE TO SB477
WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2024-03 a proposal to amend Section 18.30.46 of the Norco Municipal Code Title 18 (Accessory Dwelling Units and Junior Accessory Dwelling Units); and WHEREAS, the Zone Code Amendment was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on May 8, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to said Code Amendment; and WHEREAS, the Planning Commission adopted Resolution 2024-11, recommending approval of Zone Code Amendment 2024-03 to the City Council; and WHEREAS, the Zone Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on June 5, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined that this Code Amendment is exempt from review under the California Environmental Quality Act (CEQA).

NOW, THEREFORE, the City Council of the City of Norco does hereby make the following FINDINGS AND DETERMINATIONS:

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Ordinance No.1117 for Zone Code Amendment 2024-03
June 5, 2024

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I. FINDINGS.

A. The proposed Zone Code Amendment is necessary as it updates the City’s Accessory Dwelling Unit ordinance to provide clarity in interpreting the city’s ordinance, and updates cross references to state law.

B. The proposed Zone Code Amendment is necessary to ensure and maintain orderly development of land uses consistent with the objectives, policies, general land uses, programs, and actions of the City of Norco General Plan. The amendments do not conflict with current General Plan policies, objectives or programs of the General Plan.

C. The proposed Zone Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City, as the amendments ensure that the city’s zoning code is consistent with state law thus ensuring the uniform application of the state’s Accessory Dwelling law across all eligible properties within city.

D. This project is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines (California Code of Regulations, §§ 15000 et seq.) Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the adoption and implementation of the subject amendment will have a significant effect on the environment.

II. DETERMINATION:

NOW THEREFORE, the City Council for the City of Norco, California, does hereby approve as follows:

SECTION 1:

Title 18 (Zoning) of the Norco Municipal Code, Section 18.30.46 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is hereby amended to read as follows:

Section 18.30.46(E)(1) shall be amended to read as follows:

E. Accessory Dwelling Units—Development Requirements.

1. Unit Size Standards. All accessory dwelling units shall not exceed the size standards listed below.

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Ordinance No.1117 for Zone Code Amendment 2024-03
June 5, 2024

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a. Attached Accessory Dwelling Units. The maximum floor area for an accessory dwelling unit shall be the higher of, with zero to one bedroom, 850 square-feet; two bedrooms, 1,000 square feet. If the accessory unit is created from converting existing space in the primary dwelling, there is no size limitation, but the accessory dwelling unit shall not exceed 50% of the existing primary dwelling.
b. Detached Accessory Dwelling Units. Not more than 1,200 square feet inclusive of any exterior living areas such as entry patios and covered porches. Any exterior living area such an individual patio or a covered porch shall be limited to 50 square feet each. No attached garages or carports are allowed with a Detached Accessory Dwelling Unit.

Section 18.30.46(E)(5) shall be amended to read as follows:

5. Number of Accessory Dwelling Units per Lot.
a. For lots with proposed or existing single-family residence: one accessory dwelling unit provided the lot contains no other accessory dwelling unit. The lot may contain one junior accessory dwelling unit in addition to an accessory dwelling unit.
b. Except as provided in Government Code Sections 66314 and 66323, for lots with existing multifamily residential dwellings: no more than 25 percent of the number of existing units, but at least one unit shall be permitted as accessory dwelling units constructed within the non-livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements or garages) of the existing multifamily building structure; provided, that applicable building codes are met; or no more than two detached accessory dwelling units; provided, that no such unit shall be more than 18 feet in height, and each such unit complies with front yard setbacks and meets rear yard and side yard setbacks of four feet. The maximum square footage of detached accessory dwelling units on lots with existing multifamily residential dwellings shall comply with the limits calculated pursuant to Section 18.17.14 (Lot Area Per Dwelling Unit). In no event shall less than 5,445 square-feet of lot area per dwelling unit be provided.

Section 18.30.46(E)(8) shall be amended to read as follows:

8. Parking for accessory dwelling units shall be as listed below:
a. Parking spaces for an accessory dwelling unit shall be 9 feet by 20 feet and are not required to be covered or within a garage. No attached garage or carport is

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Ordinance No.1117 for Zone Code Amendment 2024-03
June 5, 2024

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allowed with a Detached Accessory Dwelling Unit, as noted in Section E(1)(b) of this Chapter.
b. The number of required spaces for the accessory dwelling unit shall be equal to one space per unit, except there is no parking requirement for an accessory dwelling unit that has no bedrooms (e.g., a studio).
c. Parking can be provided in tandem in the existing driveway of the primary dwelling provided it does not encroach onto a public trail or sidewalk and otherwise complies with City parking requirements. Parking is allowed in the required front or side yard setbacks if it is within the existing driveway of the primary dwelling unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
d. Parking requirements will not be imposed in any of the following instances and upon verifiable proof of the applicant:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit. For the purposes of this section “public transit” shall include any bus stop.
ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a designated, fixed pick-up or drop-off location for a car share vehicle located within one block of the accessory dwelling unit. vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in subsection (E)(8)(d) of this section.
e. When a garage, carport, or covered parking structure or an existing accessory dwelling is demolished in conjunction with the construction of an accessory

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Ordinance No.1117 for Zone Code Amendment 2024-03
June 5, 2024

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dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces do not have to be replaced.

Section 18.30.46(E)(9) shall be amended to read as follows:

On a corner lot the unit may not be located in the side yard adjacent to the street within the area between the street side property line and a line parallel to the most distant part of the primary dwelling. A converted accessory unit, or an accessory unit created under Government Code Section 66323(a)(2), is not subject to the siting limitations.

SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.

SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.

SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.

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Ordinance No.1117 for Zone Code Amendment 2024-03
June 5, 2024

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PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held June 5, 2024.
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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Ordinance No.1117 for Zone Code Amendment 2024-03
June 5, 2024

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I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on June 5, 2024 and thereafter at a regular meeting of said City Council duly held on June 19, 2024, it was duly passed and adopted by the following roll call vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on June 19, 2024
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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EXHIBIT A

18.30.46 Accessory Dwelling Units and Junior Accessory Dwelling Units.

A. Intent and Purpose. This section is intended to provide for the creation of accessory dwelling units and junior accessory dwelling units as accessory uses to existing single-family dwellings that meet the intent of State regulations regarding accessory dwelling units while maintaining the rural and low-density character of Norco’s residential neighborhoods and that such dwelling units do not adversely impact surrounding residents or the community. This section is intended to retain the maximum ability of the City to regulate accessory dwelling units and to comply with the requirements of State law.

B. Definition. For the purposes of this section the following definitions shall apply:

1. “Accessory dwelling unit (ADU)” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an “efficiency unit” and a manufactured home as defined in Section 18007 of the State Health and Safety Code.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

3. “Efficiency unit” means a unit for occupancy by no more than two persons which has a minimum floor area of 150 square feet, and which may also have partial kitchen or bathroom facilities.

4. “Junior accessory dwelling unit (JADU)” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

5. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

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6. “Neighborhood” has the same meaning as set forth in Government Code Section 65589.5.

7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

8. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

10. “Public transit/transit stop” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. A public transit/transit stop does not include private rideshares and scooter (i.e., e-scooters) pick-ups and drop-offs.

11. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

C. Occupancy. Except as otherwise provided by law, accessory dwelling units and junior accessory dwelling units may be rented separate from the primary residence for a minimum period of 30 days, but may not be sold or otherwise conveyed separate from the primary residence.

D. Application Review Procedures for Accessory Dwelling Unit and Junior Accessory Dwelling Unit.

1. Accessory dwelling units and junior accessory dwelling units, where permitted, are subject to the issuance of a building permit. Any application for an accessory dwelling unit that meets the unit size standards and development standards of this section shall be approved ministerially by applying the standards herein and without a public hearing.

2. An application for an accessory dwelling unit or junior accessory dwelling unit permit shall be made by the owner of the parcel on which the primary unit sits and shall be filed

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on a City-approved application form (a building permit application) and subject to the established fee set by City Council resolution, as it may be amended from time to time.

3. Applications for an accessory dwelling unit or junior accessory dwelling unit shall conform to the requirements for, and shall obtain, a building permit consistent with the California Building Code.

4. An application to create or serve an accessory dwelling unit or a junior accessory dwelling unit shall either be approved or denied within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the application to create or serve an accessory dwelling unit is submitted in conjunction with an application to create a new single-family or multifamily dwelling unit on the lot, the City may delay approving or denying the application for the accessory dwelling unit until the City approves or denies the application to create or serve the new singlefamily or multifamily dwelling, but the application to create or serve the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the agreed-upon delay. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.

5. Denial of an ADU application shall be accompanied with a full set of comments listing the specific items that are defective or deficient. These comments shall also describe how the application can be remedied by the applicant. An application to create an ADU shall not be denied solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on a lot that do not present a threat to public health and safety and are not affected by the construction of the ADU.

6. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the ADU application and issued at the same time. The permit applicant shall not be required to provide a written notice or posted placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

E. Accessory Dwelling Units—Development Requirements.

1. Unit Size Standards. All accessory dwelling units shall not exceed the size standards listed below.

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a. Attached Accessory Dwelling Units. Maximum floor area for an accessory dwelling unit shall be the higher of: with zero to one bedroom, 850 square feet; two bedrooms, 1,000 square feet. If the accessory unit is created from converting existing space in the primary dwelling, accessory structure, there is no size limitation but the accessory dwelling unit shall not exceed 50% of the existing primary dwelling. b. Detached Accessory Dwelling Units. Not more than 1,200 square feet, of living area inclusive of any exterior living areas such as entry patios and covered porches.

Any exterior living area such an individual patio or a covered porch shall be limited to 50 square feet each. No attached garages or carports are allowed with a Detached Accessory Dwelling Unit.

2. Setback and Lot Coverage Requirements.
a. No setbacks are required for those portions of accessory dwelling units that are created by converting existing living area or existing accessory buildings to new accessory dwelling units. No setbacks are required when constructing new accessory dwelling units in the same location and to the same dimensions as an existing building.
b. For all other accessory dwelling units, there must be a minimum of four feet to side and rear lot lines.
c. The required minimum distance between a detached accessory dwelling unit and all other buildings shall be 10 feet.
d. All existing and proposed buildings including an accessory unit shall not exceed the lot coverage requirement of the underlying zone. This shall not apply to accessory dwellings of 800 square feet or less.
e. An ADU shall not be allowed in any portion of the front yard setback area but must yield to the extent necessary to enable the construction of an 800-square-foot ADU with four-foot side and rear yard setbacks.

3. The lot upon which the accessory dwelling unit shall be allowed must contain a legal single-family or multifamily residence as an existing or proposed primary unit on the lot.

4. Accessory dwelling units are accessory to the primary dwelling. For multifamily residential dwellings, the project plans and application shall clearly identify the unit the

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proposed accessory dwelling unit is accessory to. Detached accessory dwelling units shall be assigned an address separate from that of the primary dwelling unit.

5. Number of Accessory Dwelling Units per Lot.
a. For lots with proposed or existing single-family residence: one accessory dwelling unit provided the lot contains no other accessory dwelling unit. The lot may contain one junior accessory dwelling unit in addition to an accessory dwelling unit. b. Except as provided in Government Code Sections 65852.2(a) and (e) 66314 and 66323, for lots with existing multifamily residential dwellings: no more than 25 percent of the number of existing units, but at least one unit shall be permitted as accessory dwelling units constructed within the nonlivable space (e.g., storage rooms, boiler rooms, hallways, attics, basements or garages) of the existing multifamily building structure; provided, that applicable building codes are met; or no more than two detached accessory dwelling units; provided, that no such unit shall be more than 18 feet in height, and each such unit complies with front yard setbacks and meets rear yard and side yard setbacks of four feet. The maximum square footage of detached accessory dwelling units on lots with existing multifamily residential dwellings shall comply with the limits calculated pursuant to Section 18.17.14 (Lot Area Per Dwelling Unit). In no event shall less than 5,445 square feet of lot area per dwelling unit be provided.

6. Except as otherwise provided in this section, accessory dwelling units shall comply with all development requirements for new single-family dwelling units as specified for the land use district in which they are located, including, but not limited to, total maximum lot coverage, subject to the provisions of subsection (E)(2)(d) of this section. Setback requirements shall be per this section. Height requirements shall be per subsection (E)(14)(b) of this section. Notwithstanding such, the correction of a nonconforming zoning condition may not be required as a condition of permit approval.

7. All new accessory dwelling units must comply with California Building Code standards as adopted in Title 15 including fire sprinklers, unless not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling, provided the additional square footage of an attached ADU does not exceed the threshold to require fire sprinklers. Accessory dwelling units shall not be constructed on utility and flowage

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easements. Accessory dwelling units shall comply with local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this subsection shall be interpreted to prevent a local agency or the City from changing the occupancy code of a space that was inhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

8. The accessory dwelling unit shall be provided with parking that is in addition to that required for the main dwelling. Parking for the main dwelling is pursuant to Chapter 18.38 (General Provisions—Off-Street Parking and Loading). Parking for accessory dwelling units shall be as listed below:
a. Parking spaces for an accessory dwelling unit shall be 9 nine feet by 20 feet and are not required to be covered or within a garage. No attached garage or carport is allowed with a Detached Accessory Dwelling Unit, as noted in Section E(1)(b) of this Chapter.
b. The number of required spaces for the accessory dwelling unit shall be equal to one space per unit, except there is no parking requirement for an accessory dwelling unit that has no bedrooms (e.g., a studio).
c. Parking can be provided in tandem in the existing driveway of the primary dwelling provided it does not encroach onto a public trail or sidewalk and otherwise complies with City parking requirements. Parking is allowed in the required front or side yard setbacks if it is within the existing driveway of the primary dwelling unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
d. Parking requirements will not be imposed in any of the following instances and upon verifiable proof of the applicant:

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i. The accessory dwelling unit is located within one-half mile walking distance of public transit. For the purposes of this section “public transit” shall include any bus stop.
ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a designated, fixed pick-up or drop-off location for a car share vehicle located within one block of the accessory dwelling unit. vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in subsection (E)(8)(d) of this section. e. When a garage, carport, or covered parking structure or an existing accessory dwelling is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces do not have to be replaced.

9. Siting. Subject to the setback requirements of subsection (E)(2) of this section, a detached accessory dwelling unit may not be located within the area between front property line and the line parallel to, and touching, the back of the primary residence. On a corner lot the unit may not be located in the side yard adjacent to the street within the area between the street side property line and a line parallel to the most distant part of the primary dwelling. A converted accessory unit, or an accessory unit created under Government Code Section 65852.2(e)(1)(B) 66323(a)(2), is not subject to the siting limitations.

10. Exterior Entrance. There shall not be more than one exterior entrance on the front or on any street side of the building and no exterior stairway shall be located on the front of the primary dwelling, where feasible.

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11. Wall and/or Fence Requirement. A wall or fence meeting at least the minimum State standards shall be constructed and maintained along that portion of a side or rear yard boundary where an accessory dwelling unit is closer than five feet to the boundary, subject to the issuance of a building permit as needed.

12. Windows and doors are permitted along walls adjacent to the side or rear property lines in compliance with State standards.

13. Conversion of Existing Primary Dwelling Unit. An existing primary dwelling unit may be converted to an accessory dwelling unit if it complies with all applicable requirements of this section.

14. Objective Design Criteria. All new accessory dwelling units (not converted from an existing structure and where no change to the exterior of an existing building is needed other than windows and doors) must comply with the following design requirements:
a. The exterior materials (i.e., stucco on the main house will require a stucco exterior on the accessory dwelling unit), colors, roof pitch and architecture style shall match the primary unit.
b. The maximum height of an accessory dwelling unit shall be as follows:
i. A detached ADU shall not exceed 16 feet in height measured from finished floor to the tallest roof peak.
ii. When an ADU is located within a half-mile of a major transit stop or highquality transit corridor, a detached ADU that is on a lot with a single-family or multifamily dwelling may be up to 18 feet in height, and the ADU may be up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch of the ADU to that of the main house.
iii. If a detached ADU is on a lot with an existing or proposed multistory multifamily dwelling, the ADU may be up to 18 feet in height (measured from finished floor to the tallest roof peak), regardless of how close it is to transit. iv. An attached ADU shall not exceed a height of 25 feet (measured from finished floor to the tallest roof peak) or the height of the primary dwelling, whichever is lower, but in no case shall the ADU exceed two stories.

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c. Any attached accessory dwelling unit shall be attached to the living area of the primary dwelling unit by a common wall or floor/ceiling, or by an attached breezeway, porch, or patio.

15. An accessory dwelling unit shall not be considered a new residential unit for purposes of calculating connection fees or capacity fees for water and sewer services.

Attached accessory dwelling units are not required to be metered separately from the primary dwelling for any City utility or other public utility. Detached accessory dwelling units are required to be metered separately from the primary dwelling for water services.

No new private wastewater disposal systems shall be permitted for accessory dwelling units. For accessory dwelling units proposed on lots with existing septic systems, the existing septic system shall be expanded to accommodate the accessory dwelling unit unless sewer service is available within 200 feet of the property line. Where sewer service is available within 200 feet of the property line, one sewer connection to serve both units shall be installed prior to the issuance of an occupancy permit for the accessory dwelling unit.

16. Notwithstanding Chapter 18.44, there shall be no variance or exemption granted from the requirements contained in this section.

17. Subject to the requirements of Health and Safety Code Section 17890.12, this section shall not validate any existing illegal unit.

18. The accessory dwelling unit shall be assessed all applicable building permit and development impact fees.
a. Accessory dwelling units up to 750 square feet are exempt from impact fees. b. Accessory dwelling units 750 square feet or greater are subject to impact fees that are proportional to the relationship of the accessory dwelling unit to the primary dwelling.

19. Animal Area Required. To preserve the health, welfare and safety of large and small animals and agricultural lifestyle, the location of the accessory dwelling unit must preserve the recorded primary animal keeping area (PAKA). For lots that do not have a recorded PAKA, the proposed location of the accessory dwelling unit must preserve an open animal area equal to 576 square feet multiplied by the allowed number of animal units (au) on the property (e.g., 576 x 5 au = 2,880 square feet open animal area). To preserve the health,

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welfare and safety of the animals in case of an emergency, a minimum 12-foot-wide (or as required in the underlying zone, whichever is more) clear and unobstructed access shall be maintained to the required animal area or existing PAKA.

20. No development standard regarding a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings, shall apply that would not permit at least a new 800-square-foot, 16- foot-tall accessory dwelling unit with at least four-foot side and rear setbacks.

F. Junior Accessory Dwelling Units—Development Requirements.

1. Junior accessory units will be constructed within the walls of an existing or proposed single-family residence and require owner occupancy in the single-family residence where the unit is located. Enclosed uses within a residence, such as attached garages, are considered part of the existing or proposed single-family residence.

2. A junior accessory dwelling unit shall not exceed 500 square feet in size.

3. Owner Occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner occupancy is not required if the owner is a governmental agency, land trust, or “housing organization” as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time.

4. Sale Prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.

5. Short-Term Rentals. The junior accessory dwelling unit shall not be rented for periods of 30 days or less.

6. Location of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall be entirely within a single-family residence. A junior accessory dwelling unit shall have an interior entry to the primary dwelling’s main living area, independent of an exterior entrance of the junior accessory and primary dwelling.

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7. Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

8. Parking. No additional parking is required beyond that already required for the primary dwelling.

9. Fire Protection—Utility Service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling.

G. Codes, Covenants, and Restrictions (CC&Rs). CC&Rs that either effectively prohibit or unreasonably restrict the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use are void and unenforceable.

H. Compliance with General Plan. An accessory dwelling unit and/or junior accessory dwelling unit which conforms to the standards of this section shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and land use designation for the lot. (Ord. 1093 Sec. 1, 2023; Ord. 1091 Sec. 2, 2022; Ord. 1067 Sec. 1, 2021; Ord. 1015 Sec. 1, 2017; Ord. 969 Sec. 1, 2014; Ord. 814, 2003; Ord. 674, 1993)

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City Council

STAFF REPORT
Date: June 5, 2024 Agenda Item:

7.D.

To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:

An Ordinance of the City Council of the City of Norco, California, Amending Norco Municipal Code Chapter 6.42 "Municipal Refuse, Manure, and Recycling Collection" and Chapter 6.45 “City of Norco Manure Management and Disposal” Code Amendment 2024-06
RECOMMENDATION:

Introduce and approve a first reading of Ordinance No. 1118 Amending Norco Municipal Code Chapter 6.42 "Municipal Refuse, Manure, and Recycling Collection" and Chapter

6.45 "City of Norco Manure Management and Disposal".

SUMMARY:

City Council recently approved a new 10-year franchise agreement for integrated waste management services for Norco that addresses current State requirements regarding diversion and reporting of recyclables and organic materials. The new franchise agreement also places the responsibility for billing and customer service to be provided by the franchise hauler. The City now seeks to amend Chapter 6.42 "Municipal Refuse, Manure and Recycling Collection" and Chapter 6.45 “City of Norco Manure Management and Disposal” to ensure the City’s rules and regulations are consistent with State law and the new franchise agreement.

BACKGROUND:

The City of Norco approved a new 10-year trash hauler franchise agreement in March 2024 that will become effective July 1, 2024. This new agreement incorporates many of the new monitoring, diversion, and reporting requirements established by the State. To ensure continuity with State requirements and elements included in the new franchise agreement, the Public Works Department has updated the relevant sections in Chapter

6.42 "Municipal Refuse, Manure, and Recycling Collection" and Chapter 6.45 “City of Norco Manure Management and Disposal”. A few of the key revisions to these Chapters include:

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- expansion of the definitions
- adjusting the billing and customer service to the franchise hauler - expansion of the SB 1883 organics recycling requirements - adding some clarifying language related to manure disposal Redline and clean versions of the changes to both Chapters is attached.

FISCAL IMPACT:

Not applicable to this item.

RELATIONSHIP TO STRATEGIC PLAN:

Adoption of Ordinance 1118 is consistent with Strategic Plan Goal No. 4 - Communication & Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Ordinance 2024-06_Redline Version
Ordinance 2024-06_Clean Version

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ORDINANCE NO. 1118

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE CHAPTER 6.42

MUNICIPAL REFUSE, MANURE AND RECYCLING COLLECTION AND
CHAPTER 6.45 CITY OF NORCO MANURE MANAGEMENT AND
DISPOSAL. CODE AMENDMENT 2024-06
WHEREAS, the City of Norco, the City manages the public trash collection services for the citizens and businesses of Norco; and WHEREAS, both the City Council and staff strive to maintain the highest level of service possible within the capability of the City and franchise hauler that manage and maintain the trash collection services in Norco; and WHEREAS, the City Council recently approved a new 10-year franchise agreement for integrated waste management service for Norco that addresses current State requirements regarding diversion and reporting of recyclables and organic materials; and
WHEREAS, the new franchise agreement also places the responsibility for billing and customer service to be provide by the franchise hauler; and WHEREAS, the City Council now seeks amend Chapter 6.42 "Municipal Refuse, Manure and Recycling Collection" and Chapter 6.45 “City of Norco Manure Management and Disposal” to ensure the City’s rules and regulation are consistent with State law and the new franchise agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORCO
does hereby ordain, determine, and order as follows:

SECTION 1: Norco Municipal Code Chapter 6.42 "Municipal Refuse, Manure, and Recycling Collection" and Chapter 6.45 “City of Norco Manure Management and Disposal” is hereby amended as follows:

Chapter 6.42

MUNICIPAL REFUSE, ORGANICS, MANURE AND RECYCLING COLLECTION Sections:

6.42.010 Purpose and intent.

6.42.020 Definitions.

6.42.030 Franchise agreements.

6.42.035 State agency haulers.

6.42.040 Collection supervision.

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6.42.050 Preparation of solid waste.

6.42.055 Burning prohibited.

6.42.060 Restrictions on collected articles.

6.42.065 Dead animals.

6.42.070 Solid waste containers.

6.42.075 Container from unauthorized hauler.

6.42.080 Solid waste storage.

6.42.090 Collection practices.

6.42.100 Rules and regulations.

6.42.110 Charges—Determination—Liability of payment.

6.42.120 Charges—Billing and collection.

6.42.130 Appeal.

6.42.140 Charges—Exemption—Self-haul permit.

6.42.150 Payment of bills.

6.42.160 Penalty.

6.42.170 Disconnection of water service for nonpayment of solid waste collection charges.

6.42.180 Solid waste collection charge assessment.

6.42.1790 Manure collection.

6.42.18200 Best management practices for manure storage and disposal.

6.42.210 Manure related charges, billing and collection.

6.42.19220 Requirement to participate in the City’s manure program.

6.42.200 Third-party haulers.

6.42.2130 Manure self-haul permit.

6.42.2240 Mandatory recycling.

6.42.2350 Recycling programs.

6.42.260 Mandatory fees for recycling.

6.42.2470 Separation of recyclable and organic materials, storage, and containers.

6.42.2580 Recycling reports.

6.42.2690 Scavenging.

6.42.27300 Composting.

6.42.28310 Construction and demolition debris recycling.

6.42.29320 Enforcement.

6.42.3030 Violation—Penalty.

6.42.010 Purpose and intent.

The purpose of this chapter is to provide standards for integrated solid waste management of trash waste in the City of Norco (City), to include source reduction, by recycling or diversion of organics, recyclables, and manurecomposting of solid wastes, in order to provide for the long-term health, safety and welfare of Norco residents through extending current landfill capacity, preserving resources, and providing for the general protection of the environment. The chapter provides for regulation of the storage, collection, transportation municipal waste and recovery of marketable and recyclable materials.

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Establish requirements for recycling of manure, recyclable materials and organics generated by commercial facilities, and residential properties, in order to increase the diversion of recyclable, compostable and organic materials from landfill disposal, thus reducing greenhouse emissions, minimizing waste and helping to ensure the maintenance, restoration, enhancement, and protection of the environment, including natural resources.

Provide an enforcement mechanism to ensure that resident, business, commercial, nonresidential properties, and multifamily dwellings provide for the proper collection of solid wastes, diversion of recyclable material, and provide protections against illegal scavenging of materials.

6.42.020 Definitions.

For purposes of this chapter, and other municipal code provisions referred hereto, the following words shall have the meanings ascribed thereto, unless the context in which they are used clearly indicates another meaning:
“Aluminum” means recoverable materials made from aluminum, such as used aluminum food or beverage containers, aluminum foil, siding, screening, and other items manufactured from aluminum.
“AB 341” means State of California Assembly Bill No. 341 approved October 5, 2011.

AB 341 requires businesses, defined to include commercial or public entities that generate more than 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more, to arrange for recycling services and requires jurisdictions to implement a commercial solid waste recycling program. “AB 827” means State of California Assembly Bill No. 827 approved October 2, 2019.

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Alternative Daily Cover does not constitute diversion through recycling and would be considered disposal.
“AB 1669” means State of California Assembly Bill No. 1669 approved September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the hiring of displaced employees under service contracts for the collection and transportation of solid waste.
“AB 1826” means State of California Assembly Bill No. 1826 approved September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an organic waste Recyclable Materials program to divert from the landfill organic waste from businesses. Each business meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January 1, 2020, is required to arrange for organic waste Recyclable Materials services. “AB 3036” means State of California Assembly Bill No. 3036 approved September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit.
“Administrator” means one or more employees designated by the City Manager who is functioning in a responsible level in the city administration. The Administrator(s) shall administer and enforce the provisions of this chapter.
“Agreement” means the written Integrated Waste Management Services agreement between the City and the contractor covering the work to be performed and all contract documents attached to the agreement and made a part thereof. “Animal livestock” means any type of farm animal kept or raised for use or pleasure, including, but not limited to, horses, cows, sheep, pigs, goats, llamas, zebras, emus, ostriches, buffalo, camels, alpacas, rabbits, chickens, and birds kept in aviaries. Dogs and cats are specifically excluded.
“Animal livestock keeping” means owning and/or caring for horses or other animal livestock on privately owned, commercial or public property within the City of Norco. “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City of Norco.
"Back-haul" means transporting recyclable materials or organic waste to a destination owned and operated by the waste generator using a vehicle or trailer that was originally used to deliver products or finished goods to the waste generator's location.

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“Best Mmanagement Ppractices (BMP)” means a the schedule of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to the maximum extent that is technologically and economically feasible, the discharge of pollutants in the storm drain system and/or.practice, method, approach, or combination of practices, based on research, field-testing, and expert review to be the most effective and practicable means of storing, handling, removing, and disposing of livestock manure.
“Bin” shall mean those plastic or metal containers of two cubic yards to six cubic yards that have plastic lids on the top. Bins are used for weekly or more frequent collection of garbage waste, green organic waste, manure or designated recyclables by the City’s or its franchise agent.
“Biohazardous or Biomedical Waste” means any waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves.
"Black container" means a container with a black lid used to store and collect garbage waste.
"Blue container" means a container with a blue lid used to store and collect source separated recyclable materials waste.
“Bulky waste” means items such as furniture, household appliances, automobile tires, shipping crates, carpets, mattresses, oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length, and similar large bulky or heavy items not normally discarded on a regular basis at a single family, multi-family service unit. “Bulky Items” do not include Construction and Demolition Debris or Electronic Waste, which are regarded as Universal Waste, the disposal of which is governed by the Department of Toxic Substances Control. Each Bulky Item shall weigh less than 200 pounds.discarded items whose large size or shape precludes or complicates their handling by standard residential or commercial solid waste, recycling and green waste collection methods. Bulky items include white goods, furniture, trees, stumps, carpet and other potentially oversize wastes. Bulky waste does not include hazardous or infectious waste unless specifically exempt, such as freoncontaining refrigerators. “Buy-back center” means a facility licensed and permitted by the Department of Conservation and/or local jurisdiction which pays a fee for the delivery and transfer of ownership to the facility of source-separated materials for the purpose of recycling or composting.

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“Cardboard” means post-consumer waste paper grade corrugated cardboard (grade No. 11), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for collection and recovery for recycling.
"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR). "CalRecycle" means California's Department of Resources Recycling and Recovery, which is authorized to implement and enforce state laws related to waste and recycling. “Carts” shall mean a heavy plastic receptacle with a rated capacity of at least twenty (20) and not more than one hundred (100) gallons, having a hinged tight-fitting lid and wheels, that is provided by the exclusive franchise solid waste contractor, approved by the City, and used by service recipients for collection, accumulation, and removal of solid waste from any premises in connection with exclusive franchise integrated waste management services.those plastic containers with a capacity of less than two cubic yards. Carts shall have a fixed lid and are designed for automated and/or semiautomated collection of solid waste, green waste and/or designated recyclables by the City or its franchise agent.
“City” shall mean the City of Norco, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
“Collect and Collection and Collected” means the removal of solid waste from a service unit and transportation to a disposal facility, organic waste processing facility, manure processing facility, materials recycling (or recovery) facility, or transfer station as appropriate.“Collection” means the act of removing and conveying nonhazardous and noninfectious solid waste, commingled or source-separated materials, from residential, commercial, industrial, or institutional (governmental) generators to a facility for processing, composting, transfer, disposal or transformation. "Commercial business" or "Commercial" means a firm, partnership, proprietorship, jointstock company, corporation, or association whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential premises. A multi-family residential development that consists of fewer than five units is not a commercial business for purposes of this chapter.“Commercial” means a site and/or business zoned or permitted for any use other than residential including, but not limited to, commercial, light industrial, industrial and agricultural.
“Commercial recyclables” means designated recyclable materials from the two commercial subcategories of “office” and “hospitality.” Materials include, but are not limited to: office paper, cardboard, newspaper, and aluminum from offices; and cardboard, glass bottles and jars, plastic bottles, aluminum, tin and bi-metal cans, and white goods from hospitality establishments.

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"Commercial edible food generator" means a commercial premises that generates recoverable edible food including a tier one or a tier two commercial edible food generator as defined in this chapter. For the purposes of this definition, food recovery organizations, and food recovery services, are not commercial edible food generators. “Compactor containers” means those fully enclosed metal containers of two to 40 cubic yards provided by the City’s hauler or customer. Compactors typically serve very large quantity generators.
“Compost” means the act or product of the controlled biological decomposition of Organic Wastes that are source separated or are separated at a centralized facility.

Compost may also include the product of anaerobic digestion or other conversion technologies.“Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source-separated from the municipal solid waste stream.
"Compostable Plastics" means food-service and food-packaging plastic materials or plastic bags used for collecting organics material that are placed in the Green Container and transported to a compostable material handling operations or facilities, in-vessel digestion operations or other facility provided the organic waste processing facility accepts the material and has provided written notification annually to the City stating that the facility can process and recover that material for composability, as defined in 14 CCR Section 18984.1(a)(1)(A) for three container systems. “Composting” means the process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and which stabilizes the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner for a period of 30 to 90 days. “Construction” means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. “Construction and Demolition Debris” means discarded materials removed from premises, resulting from construction, renovation, remodeling, repair, deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or from landscaping. Such materials include but are not limited to “inert wastes” as defined in Public Resources Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings, and other structures.“Construction and demolition waste” means used or discarded materials removed from the premises during demolition, dredging, grubbing, and building, resulting from construction, remodeling, repair, and/or demolition activities on housing, commercial, governmental buildings, and other structures and pavement.

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“Containers” mean those receptacles used in collection and shall conform to the specifications defined in this chapter.
“Contaminant” means any material or substance placed into or found in a collection container other than the type of source separated material for which that collection container is intended or reserved. For example, anything that is not recyclable materials is a contaminant if placed into or found in a recyclable materials collection container.

Similarly, anything that is not organic waste is a contaminant if placed into or found in an organic waste collection container.
“Contract or franchise agent(s)” means any person or private or public entity designated by the City Council or other legally authorized public agency, as being responsible for administering the collection, processing and/or disposal of solid waste or designated recyclables, organics, and manure.
“Conversion rate” means the rate set forth in the standardized conversion rate table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management report for construction and demolition material.
“Covered project” shall have the meaning set forth in Section 6.42.28310. “Curbside collection” means the service of removing and conveying nonhazardous and noninfectious solid waste, source-separated recyclables, organics, and manure and/or green waste from the public thoroughfare at the curb or alley. (The City shall make the final determination regarding eligibility for curbside collection, which shall generally apply to small quantity generators.)
“Demolition” means the decimating, deconstructing, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
“Designated containers” (“containers”) shall mean those containers designated by the City Manager for temporary storage and collection of waste or designated recyclables including but not limited to curbside bins, carts, bins, roll-off boxes, and/or compactor containers.
“Designated recyclables” means those materials designated by the City Manager for recovery or reuse. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been separated from other small quantity or large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclable materials collected under a mixed waste processing program. The list

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includes, but is not limited to: newspaper (ONP), mixed paper (MP), corrugated cardboard (OCC), steel, tin and bi-metal cans, aluminum containers, white goods, glass food and beverage containers, No. 1 and No. 2 plastic containers, all California redemption containers, used oil, used oil filters, green waste, clean lumber, concrete and asphalt.
“Designated solid waste and recycling collection or storage location” means a place designated by the City Manager for storage and/or collection of solid waste, manure, green wasteorganics and/or recyclables. Designated locations include, but are not limited to, the curb, alley, waste/recycling enclosure, a loading dock, or basement of a commercial enterprise or multi-family complex where waste and recyclables are placed for collection or temporary storage prior to collection by the City’s franchise agent. “Diversion requirement” means the diversion of 100 percent of inert waste, to include asphalt, concrete, bricks, tile, trees, stumps, rocks, and associated vegetation and soils resulting from land clearing, and not less than 50 percent of the remaining waste generated, via reuse or recycling, unless a partial or full diversion exemption has been granted pursuant to Section 6.42.310, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Waste Management Report Compliance Official for the project.
“Diversion or Divert” means any combination of waste prevention (source reduction), recycling, reuse and composting activities that reduces waste disposed at landfills, provided such activities are recognized by CalRecycle as diversion in its determination of the City's diversion targets and compliance with State regulations.to use material for any purpose other than disposal in a landfill or transformation facility. "Edible Food" means food intended for human consumption. For the purposes of this chapter edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code (Cal. Health and Safety Code §§ 113700 et seq.).
“Edible Food Recovery” means the actions to collect and distribute edible food and distributing it to local food recovery organizations from places where it would otherwise go to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining facilities.
"Enforcement action" means 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.
“Exempt Waste” means hazardous substances, hazardous waste, infectious waste, designated waste, special waste, universal waste, volatile, corrosive, Medical Waste, infectious, biohazardous, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its waste generators,

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reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in the Contractor’s opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or the City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in solid waste generated at residential premises after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
“Food Waste” means (1) food scraps including all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps; and (2) food-soiled paper, which is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, and pizza boxes.
“Franchise Fee” mean the fee or assessment imposed by the City on contractor or franchise hauler solely because of its status as party to an approved Franchise Agreement issues by the City or other State public agency, and which, inter alia, is intended to compensate City for its expenses in administering this Franchise Agreement and for use of public rights of way granted by this Agreement. “Franchised hauler” means a hauler holding a franchise, contract, license or permit issued by the agency which authorizes the exclusive or nonexclusive right to provide solid waste handling services within all or part of the jurisdictional boundaries of agency. “Franchised recyclables” means any residential, commercial or industrial recyclables, as defined herein, to be collected by the City’s contract agent or franchisee, placed in designated recycling containers or at designated recycling collection or storage location(s).
“Garbage” means all putrescible and non-putrescible solid, semi-solid and associated liquid waste generated or accumulated through the normal activities of a premises.

Garbage does not include recyclable materials, organic waste, manure, or bulky waste, that is source-separated and set out for purposes of collection and recycling. Garbage shall not include exempt waste.all nonhazardous, noninfectious organic waste including:
kitchen and table waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of foodstuffs. “Generator” means every owner, tenant, occupant or person owning or having the care and control of any premises in the City including the temporary use of parks, open space or a public thoroughfare.

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“Glass bottles and jars” means food and beverage containers made from silica or sand, soda ash, and limestone, the product being transparent or translucent and being used for packaging or bottling, including container glass designated redeemable under the California Beverage Container Recycling and Litter Reduction Law, Division 12.1 (commencing with Section 14500) of the California Public Resources Code, as well as glass jars and bottles without redeemable value (“scrap”), but excluding household, kitchen, and other sources of noncontainer glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not bottles or jars. “Grantee” shall mean the City’s franchise agent(s).
"Green Container" means a container with a green lid used to store and collect green waste and organic waste (excludes manure).
“Green Wwaste” means grass clippings, leaves, landscape and pruning waste, wood materials from trees and shrubs, and other forms of organic materials generated from landscapes or gardens. Yucca leaves, palm fronds, tree stumps and tree roots are not considered green waste, and shall be treated as garbage. Green waste is a subset of organic waste and shall not include exempt waste.leaves, grass, clippings, brush and branches generated from landscapes or gardens at residential or commercial premises, and incidental pieces of scrap lumber no longer than 24 inches, separated from other residential solid waste.
“Green waste” includes holiday trees but does not include stumps or branches exceeding four inches in diameter or four feet in length or palm tree fronds. Green waste may include animal manure up to 25 percent of the volume of a green waste container.
“Hazardous or toxic waste” shall have the meaning set forth in California Code of Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as may be amended from time to time.means any waste material or mixture of wastes which is toxic, corrosive, flammable, explosive, an irritant, a strong sensitizer, and which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of, any disposal of such wastes or mixtures of wastes as defined in Section 25117 of the California Health and Safety Code, which is not legally disposable at a Class III landfill.
“Hospitality” means any establishment that offers dining services, food or beverage sales. This includes taverns, bars, cafeterias, and restaurants, as well as motels and hotels (temporary housing of less than one month duration), hospitals, schools, colleges, and other such establishments that have dining services, or a restaurant or bar, on their premises.

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“Household Hazardous Waste or HHW” means that waste resulting from products purchased by the general public for household use which, because of its quantity, concentration or physical, chemical or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed or otherwise managed, or, in combination with other solid waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit any of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5, Chapter 11, Section 66261.3.
“Improper disposal” means the discarding of any item or items upon public or private premises that were not generated on the premises as a part of its authorized use, unless written consent of the property owner is first obtained. “Improper disposal site” means any premises that have intentionally or unintentionally accumulated solid waste, or recyclables, organics, manure, and/or charged a fee for accepting material without a solid waste or composting permit from the State or County local enforcement agency. This does not include businesses licensed and permitted in the City to purchase source-separated recyclables.
“Incidental waste” means less than one pound of waste deposited in a public litter bin or designated waste container to prevent litter, such as waste from a fast food meal deposited in a designated waste container or public litter bin by a pedestrian or vehicle operator.
“Industrial” means any form of mechanized manufacturing facilities, factories, refineries, and construction and demolition operations, excluding hazardous waste operations. “Industrial generator” means any property or generator that is engaged in the manufacture of products including but not limited to construction and demolition.

Industrial generators are typically serviced by roll-off box containers of 10-yard to 40- yard capacities and typically generate inert materials such as asphalt, concrete, building debris and some wood and dry green waste.
“Industrial recyclables” means recyclables from industrial, construction, and demolition operations, including, but not limited to, asphalt, concrete, dirt, land-clearing brush, sand and rock.
“Industrial solid waste” means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, and/or publicly operated treatment works, excluding recyclables and compostables, if properly handled and treated, and excluding hazardous or toxic waste.
“Inert waste” means materials such as concrete, soil, fully cured asphalt, bricks, rocks, slag, ceramics, earthen cooking ware, clay and clay products, crushed glass, fiberglass, roof shingles, and plaster. Inert waste does not contain putrescible waste or compostable waste.

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“Institutional” shall mean any premises owned and/or occupied by local, State and Federal agencies, typically office or education facilities with a common waste stream. “Integrated solid waste management” means a planned program for effectively controlling the storage, collection, transportation, processing and reuse, conversion, or disposal of solid waste, recyclables and/or compostables in a safe, sanitary, aesthetically acceptable, environmentally sound and economical manner. It includes all administrative, financial, environmental, legal and planning functions as well as the operational aspects of solid waste handling, disposal, litter control and resource recovery systems necessary to achieve established objectives. "Inspection" means a site visit where the city reviews records, containers, and a person's collection, handling, recycling, or landfill disposal of organic waste or the handling of edible food to determine compliance with the requirements set forth in this chapter.
“Integrated Waste Management Services” means the collection of garbage, recyclable materials, organic waste, and manure within the corporate limits of City; the transportation of such material to appropriate places for processing, composting, and/or disposal; and the processing and final disposition of materials. “Landfill” means a disposal system by which solid waste is deposited in a specially prepared area which provides for environmental monitoring and treatment pursuant to the California Code of Regulations, California Public Resources Code and the Federal Resource Conservation and Recovery Act.
“Manure” means solid waste composed of excreta of animals and residual materials that have been used for bedding, sanitary, or feeding purposes for any type of farm animal kept or raised for use or pleasure, including but not limited to, horses, cows, sheep, pigs, goats, llamas, zebras, emus, ostriches, buffalo, camels, alpacas, rabbits, chickens, and birds kept in aviaries. Dogs and cats are specifically excluded.a solid waste composed of excreta of animals and residual materials that have been used for bedding, sanitary, or feeding purposes for such animals. “Mixed waste processing” means a system of recovering recyclables from the mixed waste stream through separation at a processing facility, transfer station, landfill, or other such facility, instead of separation at the primary waste generation source. "Multi-family residential premises" means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family residential premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.“Multifamily” means a structure or structures containing a total of four or more dwelling units in any vertical or horizontal arrangement on a single lot or building site.

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“Municipal Code” means the City of Norco Municipal Code. “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including streets, catch basins, curbs, gutters, natural or manmade channels, or storm drains) owned or operated by a public body having jurisdiction over disposal of stormwater or other wastes.
“Newspaper” means newsprint-grade paper including any inserts that come in the paper, and excluding soiled paper, all magazines and other periodicals, telephone books, as well as all other paper products of any nature. “Non-Collection Notice” means a written notice that notifies a service recipient of the reason contractor did not collect solid waste set out for collection. "Non-compostable paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process. “Noncovered project” shall have the meaning set forth in Section 6.42.28310. “Nuisance” means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood, or any number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing, or disposal of solid waste, compost, and/or designated recyclables, organics and manure.
“Office” or “offices” for purposes of this chapter shall mean any office, combination of offices, or connected building or office space regardless of office affiliation, ownership, or occupancy. This includes, but is not limited to, businesses used for retail, wholesale, professional services, legal services, financial services (to include banks), medical services, shipping and receiving areas, churches, schools, colleges, and libraries. “Office paper” means waste paper grades of white and colored ledgers and computer paper. Examples include forms, copy paper, stationery, and other papers that are generally associated with desk and employee work area activity, and any additional materials to be added by ordinance.
“Organic waste” (also referred to as “organics”) means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. While manure is considered an organic waste, all manure shall not be placed in the designated organics container and shall be placed in a separate manure container provided by the contractor.

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“Other haulers” means a hauler holding a contract with another public agency other than the City which authorizes the right to provide waste handling services within all or part of the jurisdictional boundaries of the City.
“Performance deposit” means cash, money order, or check in the amount set forth in Section 6.42.310(B)(3).
“Person” means any property owner, resident, occupant, firm, partnership, association, corporation, company or organization of any kind.
“Plastic bottle” means a plastic container with narrow neck or mouth opening smaller than the diameter of the container body, used for containing milk, juice, soft drinks, water, detergent, shampoo or other such substances intended for household or hospitality use; to be distinguished from nonbottle containers (e.g., deli or margarine tub containers) and from nonhousehold plastic bottles such as those for containing motor oil, solvents, and other nonhousehold substances.
“Pollution” means the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such quantity, or such nature and duration, or under such condition, that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered. “Processing” means the reduction, separation, recovery, conversion, or recycling of any component(s) of solid waste.
“Prohibited Container Contaminants” means the following: (i) materials placed in a recyclable material container that are not identified as acceptable recyclables Material; (ii) materials placed in a organic waste container that are not identified as acceptable organic waste; (iii) materials placed in a garbage container that are not identified as acceptable garbage or are acceptable recyclable material and/or organic waste; (iv) materials placed in a manure container that are not identified as acceptable manure; and (v) exempt waste placed in any container. For purposes of this chapter, “contamination” or “contaminated” refers to the presence of Prohibited Container Contaminants.
“Project” means any activity which requires an application for a construction or demolition permit, or any similar permit from the City of Norco. “Putrescible wastes” means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas by-products.

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generator. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been separated from other small or large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclable materials collected under a mixed waste processing program.
“Recycling” means the process of collecting, sorting, cleansing, treating and/or marketing Recyclable Materials that would otherwise become garbage, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. The collection, transportation or disposal of solid waste not intended for, or capable of, reuse is not recycling. “Recycling” does not include transformation as defined in Public Resource Code Section 40201.“Recycling” shall mean any process by which materials (manure, recyclables and organics) which would otherwise be discarded, deposited in a landfill or transformation facility and become solid waste are collected (source-separated, commingled, or as “mixed waste”), separated and/or processed, and returned to the economic mainstream in the form of raw materials or products or materials which are otherwise salvaged or recovered for reuse. “Refuse” means garbage and rubbish.
“Removal” means the act of taking solid wastes or designated recyclables from the place of generation either by the contract or franchise agent(s), or by a person in control of the premises.
“Removal frequency” means frequency of removal of solid wastes or recyclables from the place of generation.
“Renovation” means any change, addition, or modification in an existing structure. “Residential Premises” means: (i) any building or structure, or portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; and (ii) any multiple unit residential complex which, with the prior written approval of the City Manager, receives Integrated Waste Management Services using standard residential Containers.“Residential,” for purposes of this chapter, means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, including single- and multiple-family dwellings, apartment-hotels, boarding and lodging houses. “Residential Premises” does not include short-term residential uses, such as motels, tourist cabins, or hostels which are regulated as hospitality establishments.
“Residential recyclables” means those specific recyclable materials from residential solid waste (single-family and multifamily) including, but not limited to, aluminum, glass

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bottles and jars, newspaper, plastic bottles, tin and bi-metal cans, white goods, manure, and green waste.
“Reuse” means further or repeated use.
“Roll-off service” means service provided for the collection, removal and disposal of commercial and industrial waste such as construction, demolition, manure and other primarily inert nonputrescible wastes and green wastes. Roll-off service is usually provided using open top metal containers (10 to 40 cubic yards). “Route Review” means a visual inspection of Containers along a Collection Route for the purpose of identifying Prohibited Container Contaminants, which may include mechanical inspection methods such as use of cameras.
“Rubbish” means nonputrescible solid wastes such as ashes, paper, glass, bedding, crockery, plastics, rubber by-products or litter. Such materials that are designated as recyclable or compost may be exempt from categorizing as rubbish; provided, such materials are handled, processed and maintained in a properly regulated manner. “Salvaging or salvageable” means the controlled and/or authorized storage and removal of solid waste, designated recyclables or recoverable materials. “SB 1383” means State of California Senate Bill 1383 Short-lived Climate Pollutants:

Organic Waste Reductions, approved September 19, 2016, and the regulations implementing the law Title 14, Code of California Regulations (CCR), Chapter 12. “Scout Service” means the use of scout truck services provided for the retrieval of collection containers from locations with accessibility constraints that make containers difficult or impossible to access using regular trash collection trucks. Scout service is subject to a fee applied by the franchise hauler. Scout Service will be provided to manure bins at no additional charge to all customers.
“Scavenging” means the uncontrolled and/or unauthorized removal of solid waste, designated recyclables or recoverable materials. Such activity is unlawful and is subject to civil penalties under Section 1.04.010 and Chapter 9, Section 41950 of the California Integrated Waste Management Act of 1989.
“Self-haul or self-hauling” means a generator or responsible party who transports his or her own recyclable or compostable materials to a recycling facility or its corporate yard for processing by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the hauling services of a franchise hauler, other haulers or authorized recycler. All self-haulers must provide an annual report to the City outlining the tonnage of material recycled each year. Self-hauler also includes a person or business that back-hauls waste.

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"Single-family" means of, from, or pertaining to any residential premises with fewer than five units.
“Solid Waste” means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction 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 semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California Public Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes recyclable materials but does not include (1) hazardous waste; (2) radioactive waste regulated pursuant to the Health and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the Health and Safety Code Section 117600 et seq.“Solid waste” means all putrescible and nonputrescible solid, semisolid and liquid wastes, such as refuse, garbage, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer/processing stations or disposal sites, which are generated by residential, commercial or industrial sites within the City. Solid waste shall not include: hazardous and infectious waste, sewage collected and treated in a municipal or regional sewage system or materials or substances having commercial value or other importance which can be salvaged for reuse, recycling, composting or resale. “State” shall mean the State of California.
"State agency" means any agency or department of the State of California, including, but not limited to, school districts, boards of education, and any school or other entity operated by or under the auspices of a school district and/or board of education, and prison.
"State agency collector" means any person that collects solid waste from premises located within the City that are owned or operated by a state agency. State agency collectors are subject to City’s franchise fee.
“Storage” means the interim containment of solid wastes, green wastes, or recyclables in an approved manner after generation and prior to disposal, collection or processing. (“Interim” means for one week or less; roll-off containers may store nonputrescible waste for up to 30 days.)
“Tan Container” means a container with a tan lid used to store and collect manure material waste.
“Streets and byways” shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City, including State highways now or hereafter established within said City.

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“Tin and bi-metal cans” means any steel food and beverage containers with a tin or aluminum plating.
"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:
(1) Supermarket;
(2) Grocery store with a total facility size equal to or greater than 10,000 square feet;
(3) Food service provider;
(4) Food distributor;
(5) Wholesale food vendor.
"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;
(7) A school, college, university, or other educational facility with an on-site food facility.
“To segregate waste material” means any of the following: the placement of designated recyclables in separate containers; the binding or bagging of designated recyclables separately from other waste material and placing in a separate container from refuse, or the same container as refuse; and the physical separation of designated recyclables from other waste material (either at the generating source, solid waste transfer station, or processing facility).
“Total project costs” means the total value of a project as calculated using Norco’s standard valuation multipliers.
“Transfer or processing station” means those facilities utilized to receive solid wastes and to temporarily store, separate, convert, or otherwise process the solid waste and/or recyclables.
“Unit” means an individual residence contained in a residential multi-family complex or commercial property.
“Universal Waste” means waste materials that are conditionally exempt from classification as hazardous waste pursuant to Title 22 of the California Code of Regulations (22 CCR), Section 66261.9, including but not limited to: (i) batteries as described in 22 CCR section 66273.2; (ii) thermostats as described in 22 CCR Section

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66273.4; (iii) lamps as described in 22 CCR Section 66273.5; and (iv) cathode ray tube materials as described in 22 CCR Section 66273.6.
“Waste” means the useless, unused, unwanted, or discarded material and debris resulting from normal residential and commercial activity or materials which, by their presence, may injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof.
“Waste management report (WMR)” means a WMR form, approved by the City Manager or designee, for the purpose of compliance with this chapter. “Waste Management Report Compliance Official” means the designated staff person(s) authorized by the City Manager and responsible for implementing the construction and demolition debris recycling program.
“White goods” means kitchen or other large enameled appliances which include, but are not limited to, refrigerators, washers, and dryers.
“Wood waste” means Green Waste consisting of stumps, large branches, tree trunks, untreated wood pieces or particles, and untreated wood that are generated from the manufacturing or production of wood products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. Treated wood of any kind shall be treated as Exempt Waste.
“Vector” means any nuisance such as odor, unsightliness, sound, or a carrier, usually insects or rodents, which are capable of transmitting a disease. “Vehicle Impact Fee” means the annualized costs for pavement repair, maintenance, and rehabilitation is calculated based on the proportionate impact to pavement from solid waste collection vehicles compared to other sources of impacts. ement from solid waste collection vehicles compared to other sources of impacts.

6.42.030 Franchise agreements.

The City may provide for the collection, transportation, and disposal of solid waste by franchise. If the City awards an exclusive franchise, the terms of the franchise agreement shall govern the rights and obligations of the City and the franchisee, unless otherwise stated in this chapter.

At its discretion, the City Council may grant franchises to qualified parties to collect and haul solid waste and/or recyclables as permitted by law in the City on such terms and conditions as may be agreed to by the City and by the party or parties receiving the franchise or franchises. Franchises as granted by the City Council may be nonexclusive, exclusive, or partly exclusive and partly nonexclusive. The Council may grant franchises through the process of negotiation or pursuant to competitive bidding.

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In the event that the City, pursuant to Public Resources Code Section 40059, awards an exclusive franchise to provide for refuse collection, recycling and disposal services, a franchise fee and vehicle impact fee based on a formal fee study on a percent of franchisee’s gross revenues from all services shall be imposed by the City to defray the costs of public services, maintaining and repairing City rights-of-way affected by heavy equipment used by the franchisee. The fee shall also be paid in the same amount by other haulers who have hauling contracts approved by other public entities. The franchise fee shall be determined by fee resolution approved by City Council.

To the extent that any provision of the franchise agreement is inconsistent with this chapter, the provision of the franchise agreement shall prevail. Notwithstanding the above, this provision shall specifically not preclude individual residential property owners from recycling personally any of their own refuse; nevertheless, all persons and entities shall be required to participate in any franchise program enacted by the City pursuant to the California Integrated Waste Management Act of 1989. In the event that an eligible property owner, such as a government entity, lawfully contracts with a waste hauler other than the exclusive franchisee for refuse collection, recycling and disposal services, a franchise fee as listed above of hauler’s gross revenues from all services shall be imposed by the City to defray the costs of maintaining and repairing City rightsof-way affected by heavy equipment used by the private contractors. Any waste hauler not bound to an exclusive City franchise agreement shall provide detailed quarterly reports on its activities in a form approved by the City.

6.42.035 State Agency Collectors.

Other public agencies may elect to contract with a different solid waste hauler to service their respective agency properties but said hauler shall pay fee at the same rate provided under this chapter. Other state agency collectors shall be subject to a franchise fee of 17.9% of gross revenues from all services provided on a quarterly basis. Franchise fees paid by a state agency collector shall be payable to the city no later than 45 days after the close of each quarter of the calendar year. Each state agency collector shall prepare a statement reporting its gross revenues for services provided to each state agency within the City, and shall submit such statement concurrently with the remittance of the franchise fee payable pursuant to this subsection.

A. Quarterly reports. Each state agency collector shall submit quarterly solid waste diversion summary reports to the City. Each diversion summary report shall show the tonnage of solid waste collected within the City and the different types of recyclable and organic material collected within the City, and provide a comparison between the refuse and recyclable materials to produce a quarterly diversion percentage. Each state agency collector shall report the amount of tons delivered to disposal facilities, processing facilities or composting facilities.

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B. Annual reports. No later than February 15 of each year, each state agency collector shall submit to the City a written annual report summarizing the information contained in the quarterly reports and containing additional information including, but not limited to, a statement of revenue derived from services provided to customers in the City, setting forth quarterly franchise fees, and the basis for the calculation, certified by an officer of the state agency collector.

C. Upon request. Each state agency collector shall cooperate fully with the City's AB 939 reporting requirements by providing the City with requested information concerning diversion and disposal rates and practices within 15 days of the City's request. Each state agency collector shall incorporate into the reports required by this section any additional information requested by the City and any new reporting information required by applicable law or regulation.

6.42.040 Collection supervision.

All solid waste accumulated in the City shall be collected, conveyed and disposed of by the City or its duly authorized agent under the supervision of the City Manager or his thier designated representative. The City Manager shall have the authority to make regulations concerning the days of collection, type and location of waste containers, and such other matters pertaining to the collection, conveyance and disposal as he/she shall determine to be reasonable or necessary.

A. Appeals. Any person aggrieved by a regulation of or fee penalty charged by the City shall have the right to appeal per Section 6.42.130, Appeal. Any charge or fee issued by the franchise hauler must be disputed directly with the hauler.

B. Log Book. Each contractor shall maintain a log complaint book in which all complaints received are recorded together with the manner in which the complaint was rectified. The log complaint book shall be available for inspection by the City Manager or his their designated representative. City shall also maintain log of any complaints it receives and provide said complaints to the franchise hauler.

6.42.050 Preparation of solid waste.

A. Garbage. All garbage, before being placed in garbage containers for collection, shall have been drained of all free liquids and shall be wrapped in paper.

B. Rubbish. All rubbish shall be drained of liquid before being deposited for collection.

C. Cans and Bottles. All cans and bottles which have contained food shall be drained before being deposited for collection.

D. Trimmings and Clippings. Tree trimmings, hedge clippings and similar material not deposited within collection containers shall be cut to length not to exceed four feet and securely tied in bundles not more than 18 inches thick before being deposited for collection.

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E. All refuse shall be placed in containers so as to freely empty to avoid damage to the container and injury to employees. Refuse shall not protrude above the top of the container.

6.42.055 Burning prohibited.

No person shall burn within the City any solid waste. It shall be a violation of this chapter to ignite or otherwise cause, or assist, counsel, procure or maintain any burning in violation of this section.

6.42.060 Restrictions on collected articles.

Heavy articles, such as trees, logs, building materials of any kind, grass from renovating, sod, dirt, rocks, or similar material, will not be picked up on regular collection. Arrangements may be made by the contractor or the City Manager for collection of this material and extra charges will be assessed depending on the amount of time required.

6.43.065 Dead animals.

It shall be the responsibility of the owner of any dead animal to dispose of the carcass of such animal in a manner consistent with State and local laws. No person shall place the body of any dead animal on any public or private lot, alley, street, land or in any water or waterway within the City. Dead animals shall not be placed in organics container.

6.42.070 Solid waste containers.

A. Duty to Provide and Maintain in Sanitary Condition. Solid waste containers shall be provided by the waste hauler. Refuse containers shall be maintained in good and sanitary condition at all times by residents. Any container that may become damaged shall be replaced by the waste hauler pursuant to the terms of their agreement.

B. Containers shall be of metal, plastic or otherwise impervious material, equipped with suitable handles and tight-fitting covers, and shall be watertight. All containers shall be sized pursuant to the approved agreement and supplied by the waste hauler with all proper colored lids and labeling required by State law.

6.42.075 Containers from unauthorized haulers.

The City shall provide written notice to any person or commercial business violating Section 6.42.030 that the prompt and permanent removal of any bin, container or other receptacle placed in violation of this chapter from its location within the City is required.

The form of notice shall be determined by the City. The City shall provide such written notice by posting a copy of the notice prominently upon the bin, container or receptacle, provided that if the bin, container, or receptacle is located on private property, the written consent of the owner or occupant of such private property shall be obtained prior to going on the property to give notice, unless the bin, container or receptacle is located in an area of commercial premises that is open to the public. If the bin, container, or receptacle is identified with the name and telephone number of the solid waste enterprise servicing or owning it, the City shall endeavor to contact such enterprise by telephone. However, failure to notify such enterprise by phone shall not invalidate the

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notice. Where the notice cannot be physically delivered or placed on the container due to the inability to enter onto private property or the refusal of consent by the owner, the notice may be given to the owner or occupant by certified mail, return receipt requested.

Failure to comply shall subject the violator to the general penalties set forth in Chapter

1.04 and to administrative citations pursuant to Chapter 1.05.

Containers owned by contractors conducting construction and demolition projects in the City are allowable.

6.42.080 Solid waste storage.

A. Prohibited. No person shall store any garbage, refuse boxes, barrels or containers of any type within any street, right-of-way, or within any required front yard or side yard abutting the street. In addition, no such storage shall be maintained between any front lot line or side line or side yard line abutting the street and the main building on such lot in the agricultural or residential zoned property (A-1 or R-1).

B. Definition. “Storage,” as used in this section, means the placing or maintaining of solid waste containers of any type for any period of time, but shall not include the temporary accumulation of refuse during the period of time that an owner or occupant of property is actually engaged in lawn cutting, tree or shrubbery trimming, or clearing of property of refuse.

C. Exception. The preceding shall not preclude the placing or maintaining of garbage or rubbish in the proper containers within the street right-of-way in front of the premises from which it emanates; provided, that no solid waste or containers shall be placed in the traffic lanes, equestrian trails, or in an area that would be deemed hazardous. No solid waste or container shall be placed within any of the above mentioned areas earlier than 4:00 p.m. of the day preceding the date specified for that property’s collection of garbage and rubbish from such premises. No solid waste or container shall be allowed to remain within the parkway later than midnight of the day specified for the collection of solid waste from such parkway, whether or not solid waste is actually collected on such date.

D. Solid Waste Storage in a Commercial and Industrial Zone. No person shall store any garbage, refuse, boxes, barrels, or containers of any type outside of an enclosed masonry trash enclosure to be constructed no less than six feet in height.

6.42.090 Collection practices.

A. Frequency of Collection. All solid waste accumulated from all single-family, multifamily, and multifamily commercial units shall be collected at least once each week.

B. Limitation on Time Containers May Remain Out Before and After Collection. In no event shall solid waste containers remain in the vicinity of any right-of-way either before or after collection for a total time period of over 24 hours.

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C. Limitation on Quantity. A reasonable accumulation of solid waste shall be collected from each household and the refuse containers shall have a capacity as supplied by the waste hauler per the approved agreement.

D. Dumping Trash on Street. No person shall dispose of or dump upon any public property, street, or alley of the City, or upon any property of another, except such property as may be provided and set apart for such use by the City, any tin cans, bottles, junk, trash or rubbish or any waste matter of any kind or composition. The City Council may enter into a contract for the collection and disposal of said material and rubbish, and may provide such rules for the regulation thereof as it may from time to time deem best and necessary.

E. Dumping Trash on Private Property. No person shall dispose of or dump upon any private property within the City any tin cans, bottles, junk, trash or rubbish or any waste material of any kind or composition.

F. Collection.

1. Requirements for Vehicles. Collectors of solid waste who desire to haul over the streets of the City of Norco shall use a watertight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom, and refuse from being blown, dropped or spilled.

2. Disposal. Disposal of solid waste by persons so permitted under subsection (A) of this section shall be made outside the City limits, unless otherwise specifically authorized by the City.

6.42.100 Rules and regulations.

The City Council shall have the power to establish rules and regulations respecting the accumulation, collection, transportation and disposal of solid waste not inconsistent with any appropriate ordinances or laws; and provided, that such rules and regulations are found to be reasonable, necessary or convenient by the City Council for the preservation of the public health, safety, and welfare. Such rules and regulations as established by the City Council shall be in writing and shall be a public record.

6.42.110 Charges—Determination—Liability of payment.

There are imposed by the City franchise hauler fees and charges for the collection, removal and disposal of refuse within the City. Fees and charges for such collection, removal and disposal services shall be those which the City Council may from time to time hereafter determine, fix and establish by resolution and the same shall be applicable for the respective periods designated in or covered by such respective resolutions.

The occupants or owners of all residential, multi-family, and commercial propertiesy or premises where refuse is produced or generated, regardless of whether the occupant or owner places such refuse for collection in a manner prescribed in this chapter or not,

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and regardless of whether the occupant or owner has any refuse for collection, shall be liable for the payment of all such fees and charges. Franchise hauler shall have the right to stop trash service due to non-payment as outlined in the franchise agreement.Should any occupant thereof fail to pay all such fees and charges before the same become delinquent, then, and in either such event, the owner of such premises or property shall be liable for the payment of all such fees and charges, including any delinquency.

6.42.120 Charges—Billing and collection.

Every occupant or owner of residential property or premises in the City of Norco shall be billed as provided for in Section 14.04.090directly by the franchise hauler.

6.42.130 Appeal.

Any occupant or owner of any residential property or premises in the City who has been billed for solid waste collection services and who desires to contest the extent, degree or reasonableness of the charges may dispute the billing directly with the franchise hauler.as provided for in Section 14.04.100.

6.42.140 Charges—Exemption—Self-haul permit.

Notwithstanding anything to the contrary in this chapter, one may provide his own service for the removal or disposal of garbage and waste matter created from his own residence upon making application for and receiving the necessary permit from the Director of Public Works Director. Note – self-haul permit for manure is addressed separately in section 6.42.230. The Director of Public Works Director shall issue a permit upon determining that the residential property is at least one acre in size, and that the applicant is able to dispose of the refuse by transporting the refuse to a Countyapproved sanitary fill in a safe and sanitary manner in accordance with the provisions of a self-haul permit. Such permit shall expire one year after the date of its issuance, and may be renewed by the permittee for periods of one year each upon written application to the Director of Public Works Director made prior to the expiration of the initial permit or any prior renewal thereof. A denial of an application for a permit or renewal thereof may be appealed to the City Council by the applicant by filing with the City Clerk a notice of appeal within 10 days after receipt of the Director of Public Works Director’s written notice of denial. The decision of the City Council shall be final. No permit issued hereunder shall be transferred to any subsequent occupant of the same residence.

Self-hauler garbage, recyclables or organic waste may not elect to use a third-party contractor or service provider and must rely on their own person vehicle. Self-hauling within this section must be conducted on a weekly basis and dump tickets must be submitted to the Public Works Department on a quarterly basis.

6.42.150 Payment of bills.

Payment of bill issued by the franchise hauler for services shall be paid directly by the franchise hauler.The billing for solid waste collection charges shall appear on the same bill as that for water services. The total amount for all trash services shall be payable as provided for in Section 14.04.090. Collection charges billed by the City are due and payable upon deposit by the City in the United States mail. If service is discontinued for

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nonpayment per Section 14.04.110, a reconnection charge, collection fee and penalties or deposits pursuant to Sections 14.04.060 and 14.04.110 shall be paid to the City prior to City restoring said services.

6.42.160 Penalty.

Any solid waste collection billing that is not paid on the due date is subject to penalties as provided in the franchise hauler agreement.for in Section 14.04.090. The Finance Officer or his/her designee shall have the authority to waive or remove penalty charges for reasonable causes.

6.42.170 Disconnection of water service for nonpayment of solid waste collection charges.

The City may discontinue water service to any person who has not paid in full any bill for solid waste collection service including all penalties and late charges thereon as provided in Section 14.04.110. If a customer received refuse collection service or benefit at more than one location and a bill at any one location is not paid within the time provided for payment, water service at all locations may be turned off. The customer will be charged for water, sewer, and refuse collection services during the period in which water service is shut off.

6.42.180 Solid waste collection charge assessment.

Should the owner or occupant of any property in the City fail, refuse or neglect to pay in accordance with the provisions in this chapter the refuse collection service charge assessed, then all costs incurred by the City shall be recoverable by the City and charged against the real property. Notice shall be given to the property owner as of the latest tax roll of the amount of such delinquency, and further declare that the City Council shall at its next regular meeting review and approve as an assessment against the property the amount delinquent and unpaid. If the total assessment determined and approved by the City Council is not paid within 10 days after such determination, there shall be recorded in the office of the County Recorder a statement of the total balance due, together with the legal description of the property affected. From the date of such recordation, the balance due shall be a special assessment against the real property.

This assessment shall be collected at the same time and in the same manner as are County taxes, and shall be subject to the same penalties and to the same procedure and sale in case of delinquency as provided for ordinary County taxes. All laws applicable to levy, collection and enforcement of County taxes shall be applicable to such special assessment.

6.42.1790 Manure collection.

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collection program (except those with a self-haul permit issued by the City) and pay the associated service fees charged by the franchise hauler. This is in pursuance of and in conjunction with existing environmental and water quality laws and regulations including Chapter 15.70, the municipal separate storm sewer system permit (MS4 permit), the National Pollutant Discharge Elimination System (NPDES), and the Federal Clean Water Act (33 U.S.C. Section 1342).

The standards, regulations, and best management practices established in this chapter shall apply to all persons within the City limits of the City of Norco. Such persons who keep livestock shall participate in the City’s manure collection program and pay the attendant fees. Persons who do not keep livestock shall not be required to participate in the manure collection program.

6.42.18200 Best management practices for manure storage and disposal.

It shall be unlawful for any person to store or dispose of manure except by best management practices. Best management practices for the proper storage and disposal of manure must eliminate or minimize the potential of runoff containing pollutants and leaching of nutrients into groundwater or surface waters from areas where manure accumulates or is temporarily stored, and are as follows:

A. Manure Storage on Private Property.

1. Manure shall be removed from stalls, paddocks, arenas, corrals and other livestock keeping areas on a regular basis, i.e., daily is best but at a minimum weekly is required.

2. Manure shall be stored in containers which are approved by the City or in a designated manure waste storage area constructed in conformance with the minimum guidelines established in this chapter.

3. Manure storage, whether in a cart, dumpster bin, roll-off box or constructed structure, shall be stored at least 35 feet from the nearest neighboring dwelling unit.

4. Approved containers are those supplied by the City’s franchise hauler and include carts, two-yard bins and roll-off boxes or otherwise approved by the City Manager or their designeeDirector of Public Works. All such containers shall be equipped with working lids to minimize water accumulating within the container.

5. Manure storage areas shall be constructed in such a manner as to minimize potential runoff. No manure storage structure or container shall be placed within 10 feet of a flood control channel or open storm drain. Storage areas shall be constructed with a three-walled, fireproof structure on a concrete base with a roof or tarp per standards established by the Director of Public Works Director.

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6. Manure runoff which discharges onto adjacent property, onto City streets, horse trails, or into flood control channels is prohibited, and allowing such to occur, intentionally or negligently, shall be in violation of this chapter.

B. Manure Collection Services.

1. Persons who keep livestock shall regularly dispose of accumulated and stored manure. Manure shall be removed from properties on a weekly basis unless an approved hauler scheduling allows for a variation.

2. All persons who keep livestock shall participate in the City manure collection program. The collection and transportation of manure from commercial and private properties within City boundaries shall be done utilizing the City designated franchise manure disposal contractor. However, persons who have been issued a valid self-haul permit may privately haul their manure to an approved designated disposal facility in lieu of the City’s franchisemanure collection contractor. In order to do so, such persons must be issued a self-haul permit from the City’s Director of Public Works Director. Such permits shall be reviewed annually. Self-haul or selfhauling of manure is defined as a generator or responsible party who transports manure that is generated on site to a City approved recycling facility by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the services of the City’s franchise hauler. All manure self-haulers must obtain an annual self-haul permit and provide an annual report to the City outlining the tonnage of material recycled each year.

C. Manure Spreading and Composting.

1. Manure spreading over arenas, pastures, corrals or other livestock areas as an alternative means of disposal is prohibited and shall be in violation of this chapter.

2. Manure composting is prohibited and shall be in violation of this chapter.

6.42.210 Manure related charges, billing and collection.

Every person or owner of residential, commercial or public property or premises in the City of Norco that keeps livestock shall be billed for manure collection services pursuant to approved City billing practices. In accordance with the refuse service agreement, the City may handle contractor’s billings, collections and payments due contractor from persons served.

6.42.190220 Requirement to participate in the franchise haulerCity’s manure collection servicesprogram.

Every person or owner of residential, commercial or public property in the City of Norco that keeps livestock shall adhere to all manure management practices. Failure to participate in the franchise haulerCity’s manure collection servicesprogram shall subject the violator to the general penalties set forth in Chapter 1.04 and to administrative citations pursuant to Chapter 1.05.

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6.42.200 Third-party haulers.

Persons may elect to use third-party haulers for manure collection services but those haulers must not provide duplicate services provided (e.g., manure carts/bins/roll-offs) by the City’s franchise hauler and shall be governed by Municipal Code Chapters 6.42 and 6.45. Persons must obtain a manure third-party permit from the Public Works Department. Third-party haulers must also have a City business license and provide the Public Works Department with quarterly and annual tonnage reports of manure diverted to a City approved processing facility. Failure to meet these requirements shall result in the permit being rescinded. Any persons using a third-party hauler without a permit from the City shall be subject the violator to the general penalties set forth in Chapter 1.04 and to administrative citations pursuant to Chapter 1.05.

6.42.2130 Manure self-haul permit.

Notwithstanding anything to the contrary in this chapter, one may provide his/her own service for the removal or disposal of manure created from his/her own residence upon making application for and receipt of the necessary permit from the Director of Public Works. The Director of Public Works shall issue a permit upon determination that the applicant is able to dispose of the manure by transporting the manure to a City approved recycling facility in a safe and sanitary manner in accordance with the provisions of a self-haul permit. Self-haul or self-hauling of manure is defined as a generator or responsible party who transports manure that is generated on site to a City approved recycling facility by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the services of the City’s franchise hauler. All manure self-haulers must obtain an annual self-haul permit and provide an annual report to the City outlining the tonnage of material recycled each year. Such permit shall expire on the thirty-first of December each year, and may be renewed by the permittee for periods of one year upon written application to the Director of Public Works made prior to the expiration of the initial permit or any prior renewal thereof. A denial of an application for a permit or renewal thereof may be appealed to the City Council by the applicant filing with the City Clerk a notice of appeal within 10 days after receipt of the Director of Public Works’ written notice of denial. The decision of the City Council shall be final. No permit issued hereunder shall be transferred to any subsequent occupant of the same property.

6.42.2240 Mandatory recycling.

It shall be mandatory for all generators of residential, commercial, and industrial recyclables in the City that generate the minimum volume of refuse specified in any existing or future State laws or regulations (including but not limited to Public Resources Code Section 42649.2) to separate from refuse, for recycling purposes, all designated recyclables, to arrange for recycling services, and otherwise participate in recycling as described by this chapter. Furthermore, it shall be mandatory for all residential, commercial and industrial generators of organic waste in the City that generate the minimum volume of organics specified in any existing or future State laws or regulations (including but not limited to Public Resources Code Section 42649.81) to separate from

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refuse, for recycling purposes, all designated organics, to arrange for recycling services, and otherwise participate in recycling as described by this chapter.

6.42.2350 Recycling programs.

A. The City Manager shall establish and promulgate reasonable regulations, guidelines and other program-related specifics as to the implementation of recycling programs for residential, commercial, and industrial recycling, including the method for collection of designated recyclables and organics.

B. Commercial and industrial establishments shall develop their respective in-house recycling plans that provide for the collection of designated recyclables and organics in conjunction with the City’s established recycling programs. The City and the contract or franchise agent(s) shall assist in program development and provide technical expertise and training materials.

C. Collection of recyclables from single-family residential units shall minimally occur once weekly. For commercial and industrial entities, collection of recyclables and organics shall be provided as needed to meet demand. However, due to the nature of decomposition of organic material the frequency of collection of organics shall be at a minimum on a weekly basis.

D. The City encourages use of buy-back centers, donation centers (for used furniture and other reusable bulky items, and nonprofit agents), scrap dealers, home and commercial composting, source reduction, and other creative, lawful and environmentally sound efforts to reduce waste in accordance with this chapter that do not conflict with any established or planned City-sponsored recycling, composting or source-reduction programs.

6.42.260 Mandatory fees for recycling.

A. The City Council finds and determines that the regular collection of recyclables or organic materials by the contract or franchise agent(s) of the City from all places in the City is a service to the premises from which it is collected. All owners or occupants of premises generating recyclables shall pay the monthly collection fee charged by the City’s contract or franchise agent, not to exceed the City-approved maximum rates. A schedule of maximum rates shall be kept on file with the City Clerk and is available for public review. Maximum rates may be subject to increase pursuant to the terms of the City’s contract or franchise with the contract or franchise agent(s). Subject to the terms of the then-in-effect contract or franchise, the Council may from time to time establish such rates by resolution, including the establishment of rates for different classifications of quantity generators (small quantity generators, large quantity generators, residential, commercial, or industrial, or subclassifications thereof) or types of materials generated or other classifications which are deemed to be in the public interest.

B. Pursuant to California Public Resources Code Section 41900 et seq., the City may, by resolution of the City Council, impose fees on City generators to pay the actual costs

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incurred by the City in preparing, adopting or implementing an integrated waste management plan in accordance with State mandates.

C. No person shall willfully fail, neglect or refuse, after demand by the City, to pay the fees provided for herein.

6.42.2470 Separation of recyclables, and organics, and manure materials, storage, and containers.

A. The owner, operator, and/or occupant of any premises, business establishment, industry, or other property, vacant or occupied, shall be rebuttably presumed to be the generators of, and be responsible for the safe and sanitary storage of, all solid waste, designated recyclables, organic materials, and compost manure accumulated on the property. The designated recyclables, organics, and manurecompost shall be stored separately from refuse. The property owner, operator, or occupant shall store such solid waste, designated recyclables, organics, and manurecompost on the premises or property in such a manner so as not to constitute a fire, health, or safety hazard, and shall require it to be handled in such a manner so as not to promote the propagation, harborage, or attraction of vectors, or the creation of litter or other nuisances.

B. A container or containers for designated recyclables, and organics, and manure shall be provided by the contract or franchise agent(s) for any premises generating residential or commercial recyclables, or organics, or manure materials, for the exterior collection of designated recyclables, or organics,, or manure materials. The containers shall effectively segregate the designated recyclables, organics, or manure from refuse.

C. All such containers to be used in the City’s recycling programs shall be approved by the City Manager, in conjunction with the contract or franchise agent(s).

D. Designated recyclables, and organic materials, and manure shall be sorted according to type and/or as established by program guidelines and placed in separate containers, containers with segregated compartments, or commingled (in one recycling container), as agreed upon by the City Manager and the contract or franchise agent(s).

Containers, if more than one, shall be grouped together and placed for collection at the same time as when regular refuse collection occurs or at designated recycling collection times (if different from refuse collection) and at designated recycling collection locations.

E. All containers used for recycling purposes, storage or collection, including commercial and industrial recycling containers used in City recycling programs as well as all other containers used for recycling purposes whether owned or operated by a commercial entity, nonprofit organization, or any other person or entity, shall be identified with the name and current telephone number of the owner or the responsible agency or person.

F. Containers which do not comply with the requirements of this section shall be presumed to be refuse and taken by the contract or franchise agent(s) for disposal or potential use as salvaging or recycling containers.

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G. It shall be unlawful for any person to dispose, dump, or otherwise place material other than designated recyclables, or organics, or manure in a designated recycling container or at a designated recycling collection or storage location.

H. Exemption. Designated recyclables or organics which are source-sorted by their generator for the purpose of recycling by selling them to a buy-back center or donating them to a City-licensed nonprofit or community group conducting recycling programs for the purpose of raising funds do not have to be placed in the designated recycling container required by this section, nor placed in a designated recycling collection location in accordance with this section. When designated recyclables or organics are received by a City-licensed nonprofit or community group conducting recycling programs for the purpose of raising funds, they shall be stored and sorted in accordance with this section and transported to a buy-back center for the purpose of recycling.

6.42.2580 Recycling reports.

A. All commercial and industrial establishments that self haulself-haul or back-haul their own recyclables shall submit recycling tonnage documentation on an annual basis to the City’s Public Works Department, due on or before January 31st, for the previous year. Annual reporting shall be on the form promulgated by the Public Works Department.

B. All applicants for a construction or demolition permit for a covered project must submit a waste management report (WMR) to the Public Works Department for approval, prior to permit issuance, per Section 6.42.310.

6.42.2690 Scavenging.

A. It shall be unlawful for any person other than authorized City personnel or contract or franchise agent(s) to remove any separated designated recyclable(s) or salvageable commodity from any designated recycling collection or storage location, or designated recycling container. However, the original generator of the designated recyclables or organics may, for any reason, remove the designated recyclables or organics placed by said generator from the designated recycling container or designated recycling collection or storage location in which said generator had originally placed them.

B. It shall be unlawful for any person to disturb, tip, deface, modify, harm, or otherwise tamper with any container or designated recycling collection or storage location containing designated recyclables, or the contents thereof, or to remove any such container from the location where the same was placed by the generator thereof, or to remove the contents of any such container, unless authorized by the generator of such designated recyclables or duly authorized City personnel or contract or franchise agent(s).

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6.42.27300 Composting.

Composting of organic materials on residential properties is allowed in the City based on the guidelines outlined herein. The City reserves the right to inspect and cite any residential property conducting composting to ensure proper methods are being utilized to prevent nuisance odors or potential infestation of bugs or rodents from impacting neighboring properties.

A. Defined. For the purposes of this section, composting is a microbial process that converts plant materials to a usable organic soil amendment or mulch. Compost is the product resulting from the biological decomposition of organic wastes and is intended to be reused as potting soil or soil building amendment on the property where the compost was generated. Compost may not be sold but can be donated to other properties.

B. Compost Location. Composting shall be conducted in a designated location within a covered or uncovered container, enclosed on all vertical sides or in a wind row with adequate protections at ground level to prevent runoff. Containers shall be of a durable material and shall be constructed and maintained in a structurally sound manner. Wood used in the construction of a compost container must be sound and free of rot. Runoff protection should be at least six inches high and made of durable material such as sandbags, wattles or two-inch by six-inch lumber planks.

C. Size. The maximum size for a compost area on lots less than one acre with a residential structure shall be 20 cubic yards. The maximum size for a compost area on lots greater than one acre with a residential structure shall be 40 cubic yards.

Composting may not be conducted on undeveloped residential lot.

D. Location on Property. The compost container(s) shall not be located closer than five feet from the rear property line and shall not be located in any required front or side yard as defined in the zoning code, nor closer than 20 feet to any habitable building off of the subject property.

E. Acceptable Materials for Backyard Composting. Composting materials include:
food scraps, garden wastes, weeds, lawn cuttings, leaves, pruning, and certain animal waste. Compost piles shall include an appropriate mix of nitrogen-rich materials (or “greens”) and carbon-rich materials (or “browns”) to reduce odor and ensure adequate composting.

F. Prohibited Compost Materials. The following compostable materials shall not be placed in a backyard composting container: meat, fats, oils, grease, bones, whole eggs, milk or other dairy products, human waste, dog or cat waste, pesticides, herbicides, noxious weeds, diseased plant material in which the disease vector cannot be rendered harmless through the composting process, and any other mixed municipal solid waste that may cause a public health risk or create nuisance conditions.

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G. Maintenance. Compost materials shall be layered, aerated, moistened, turned, and managed to promote effective decomposition of the materials in a safe, secure and sanitary manner. Compost materials shall be covered with a layer of material such as leaves, straw, wood chips, or finished compost to reduce odor.

H. Educational Materials. The city shall prepare and distribute informational materials to assist persons wishing to conduct source-separated organic composting in an efficient manner that minimizes public nuisance conditions.

I. Abatement. All compost containers and/or compost materials not in compliance with this section shall be declared a public nuisance and are subject to abatement as provided in Chapter 6.22. In addition, the City may require individuals whose compost containers and/or materials are not in compliance with this section to attend a master composter or similar educational program as a condition of continuing to compost on a subject property.

6.42.28310 Construction and demolition debris recycling.

The provisions of this chapter shall outline the means of achieving compliance with California Green Building Standards Code (Title 24, Part II, Sections 4.408 and 5.408) and this municipal code. Where this municipal code is more stringent, this municipal code applies.

A. Projects.

1. Covered Projects. The following project categories are covered projects and must comply with this section:
a. Any project requiring a permit for demolition or construction, unless defined as a noncovered project in subsection (A)(2) of this section. b. Any sequenced developments, such as housing subdivision construction or subdivision demolition, must be considered as a project in its entirety for purposes of this section, and not as a series of individual projects. c. Any individually built single-family home.

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d. Seismic tie-down projects.
e. Pool demolition project where materials are buried on site. f. Emergency required to protect public health and safety.

B. Submission of Waste Management Report.

1. Construction and Demolition Waste Management Report Forms. Applicants for any covered project shall complete and submit a construction and demolition waste management report on a waste management report form (WMR) approved by the City for this purpose. The WMR may be administratively updated by the Director of Public Works or his/her designee to meet the requirements of the City and California Green Building Standards Code. The purpose of the WMR is to illustrate how the applicant plans to comply with the diversion requirements per diversion requirement and the California Green Building Standards Code Sections 4.408 and 5.408. Upon project completion, which is defined as the issuance of the certificate of occupancy, the WMR will illustrate how the applicant complied with the diversion requirements prior to the issuance of the certificate of occupancy.

2. Initial Application. Notwithstanding any other provision of this code and California Green Building Standards Code, no construction or demolition permit may be issued until the initial construction and demolition waste management report has been approved by the Public Works Department. The Public Works Department will respond to the applicant’s WMR submittal within 10 business days with an approval, denial or request for clarification.

3. Amount of Performance Deposit. The applicant for any covered project shall submit to the City a performance deposit for tenant improvements and individual single-family home construction, remodel, addition or renovation projects. The amount of the performance deposit shall be calculated as the greater of $250.00 or three-quarters of one percent of the total project cost for new construction and greater of $250.00 or one and one-half percent of the total project costs for demolition projects or $30,000 maximum. Acceptable forms of payment include cash, money order, or check.

Performance deposit funds in the form of cash, money order, or check will be placed in a secured account. The performance deposit shall be returned to the applicant upon acceptance of proof of compliance in full. If partial compliance, the performance deposit will be refunded on a prorated basis dependent on the degree of compliance.

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documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (C) of this section.

The documentation shall include all of the following:
a. Receipts from the vendor or facility that received each material, showing the material was accepted by the vendor or facility as construction and demolition (C&D), and actual weight or volume of that material;
b. A copy of the completed waste management report form, in its entirety; photographs and narrative documentation of the applicant’s reuse activities.

5. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction, renovation and demolition waste diverted for reuse or disposed of is measured and recorded using the most accurate method of measurement available.

To the extent practical, all construction, renovation and demolition waste shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction, renovation and demolition waste for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used.

6. Determination of Compliance and Release of Performance Deposit. The Public Works Department shall review the information submitted under this section and determine whether the applicant has complied with the diversion requirement, as follows:
a. Compliance. If the Public Works Department determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the release of the performance deposit to the applicant within 60 days of the applicant’s submission of the documentation required under this section. If the applicant has complied in part, a portion of the performance deposit will be withheld. The amount withheld will be proportional to the percentage of materials that are not recycled/diverted. b. Noncompliance. If the Public Works Department determines that the applicant failed to submit the documentation within the required time period, then the performance deposit shall be forfeited to the City. All forfeited and/or unrecovered funds shall be used for waste reduction and recycling activities.

C. Exemption.

1. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may request an exemption at the time that he or she submits the WMR. The applicant shall indicate on the WMR the maximum rate of diversion he or she believes is feasible for each material and the specific

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circumstances that he or she believes make it infeasible to comply with the diversion requirement.

2. Meeting with Public Works Department. The Public Works Department shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement.

3. Granting of Exemption. If the Public Works Department determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMR submitted by the applicant.

The Public Works Department shall return a copy of the WMR to the applicant marked “Approved with Exemption.” The applicant shall then be responsible for diverting the revised rate noted by the Public Works Department on the approved WMR, in compliance with the provisions of this section.

4. Denial of Exemption. If the Public Works Department determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall resubmit a WMR form in full compliance with this section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not comply with this section, the Public Works Department shall deny the WMR.

D. Appeal. Appeals of a determination made by the Public Works Department under this section shall be made to the City Manager or designee. The appeal shall be in writing and filed with the City Clerk within 10 business days of issuance of the Public Works Department decision. The appeal shall be limited to the following issues: (1) the granting or denial of an exemption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final.

6.42.29320 Enforcement.

A. The City Manager or designee is responsible for enforcing the provisions of this chapter.

B. Types of materials included in designated recyclables or organics may be administratively added or deleted by the City Manager under emergency conditions (to include market failures), subject to formal ordinance amendment approved by the City Council, if such conditions persist.

C. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. In addition to other remedies provided by law, any person violating any provision of this chapter for failing to comply with any of the requirements is deemed guilty of an infraction in the manner provided in Section

1.04.010.

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D. Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person.

E. Each such violation shall be subject to the provisions of Section 1.04.010.

F. Nothing in this chapter or its implementing regulations shall prevent the City or its contract or franchise agent(s) from efforts to obtain voluntary compliance by way of warning, notice of violation, educational or other means.

6.42.3030 Violation—Penalty.

Any person, firm or corporation who shall violate any provision of this chapter shall be subject to the provisions of Section 1.04.010. Any person, firm or corporation that provides waste services and/or transports refuse or recyclables within the incorporated area of the City shall provide monthly, quarterly, and annual tonnage reports in compliance with AB 939 (California Public Resources Code Section 41000 et seq., as amended).

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Chapter 6.45

CITY OF NORCO MANURE MANAGEMENT AND DISPOSAL
Sections:

6.45.010 Intent and purpose.

6.45.020 Definitions.

6.45.030 Applicability.

6.45.040 Best management practices for manure storage and disposal.

6.45.050 Requirement to participate in the City’s manure program.

6.45.060 Charges, billing and collection.

6.45.070 AppealThird-Party Haulers.

6.45.0780 Manure self-haul permit.

6.45.090 Payment of bills.

6.45.100 Penalty.

6.45.110 Collection of manure collection service charges.

6.45.010 Intent and purpose.

It is the intent of this chapter to outline best management practices and to establish regulations for the proper handling, temporary storage, collection, and disposal of manure in the City of Norco (City). These practices are designed to prevent the discharge of pollutants into stormwater runoff which enters the municipal separate storm sewer system (MS4), prevent leaching of nutrients into the groundwater and to minimize fly breeding and wind induced pollutants from stored manure. This chapter also requires all persons in the City of Norco who keep livestock to participate in the City’s manure collection program and pay the associated service fees. This is in pursuance of and in conjunction with existing environmental and water quality laws and regulations including the City of Norco Municipal Code (Chapter 15.70), the municipal separate storm sewer system permit (MS4 permit), the National Pollutant Discharge Elimination System (NPDES), and the Federal Clean Water Act.

6.45.020 Definitions.

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context indicates a different meaning:
(a) “Animal livestock” means any type of farm animal kept or raised for use or pleasure, including, but not limited to, horses, cows, sheep, pigs, goats, llamas, zebras, emus, ostriches, buffalo, camels, alpacas, rabbits, chickens, and birds kept in aviaries.

Dogs and cats are specifically excluded.
(b) “Person” means any property owner, resident, occupant, firm, partnership, association, corporation, company or organization of any kind. (c) “Best management practices (BMP)” means a practice, method, approach, or combination of practices, based on research, field-testing, and expert review to be the

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most effective and practicable means of storing, handling, removing, and disposing of livestock manure.
(d) “Composting” means the process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and which stabilizes the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner for a period of 30 to 90 days. (e) “Animal livestock keeping” means owning and/or caring for horses or other animal livestock on privately owned, commercial or public property within the City of Norco. (f) “Manure” means a solid waste composed of excreta of animals and residual materials that have been used for bedding, sanitary, or feeding purposes for such animals.
(g) “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including streets, catch basins, curbs, gutters, natural or manmade channels, or storm drains) owned or operated by a public body having jurisdiction over disposal of stormwater or other wastes.

6.45.030 Applicability.

6.45.040 Best management practices for manure storage and disposal.

A. Manure Storage on Private Property.

1. Manure shall be removed from stalls, paddocks, arenas, corrals and other livestock keeping areas on a regular basis, i.e., daily is best but at a minimum weekly is required.

2. Manure shall be stored in containers which are approved by the City or in a designated manure waste storage area constructed in conformance with the minimum guidelines established in this chapter.

3. Manure storage whether in a cart, dumpster bin, roll-off box or constructed structure shall be stored at least 35 feet from the nearest neighboring dwelling unit.

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4. Approved containers are those supplied by the City’s franchise hauler and include carts, two-yard bins and roll-off boxes or otherwise approved by the Director of Public Works. All such containers shall be equipped with working lids to minimize water accumulating within the container.

5. Manure storage areas shall be constructed in such a manner as to minimize potential runoff. No manure storage structure or container shall be placed within 10 feet of a flood control channel or open storm drain. Storage areas shall be constructed with a three-walled, fire-proof structure on a concrete base with a roof or tarp per standards established by the Public Works Director.

B. Manure Collection Services.

2. All persons who keep livestock shall participate in the City manure collection program. The collection and transportation of manure from commercial and private properties within City boundaries shall be done utilizing the City designated franchise manure disposal contractor. However, persons who have been issued a valid self-haul permit may privately haul their manure to an approved designated disposal facility in lieu of the City’s manure collection contractor. In order to do so, such persons must be issued a self-haul permit from the City’s Public Works Director. Such permits shall be reviewed annually. Self-haul or self-hauling of manure is defined as a generator or responsible party who transports manure that is generated on site to a City approved recycling facility by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the services of the City’s franchise hauler. All manure self-haulers must obtain an annual self-haul permit and provide an annual report to the City outlining the tonnage of material recycled each year.

C. Manure Spreading and Composting.

1. Manure spreading over arenas, pastures, corrals or other livestock areas as an alternative means of disposal is prohibited and shall be in violation of this chapter.

2. Manure composting is prohibited without receiving a composting permit from the Director of Public Works Director.

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6.45.050 Requirement to participate in the City’s manure program.

Every person or owner of residential, commercial or public property in the City of Norco that keeps livestock shall adhere to all manure management practices. Failure to participate in the City’s manure collection program shall subject the violator to the general penalties set forth in Chapter 1.04 and to administrative citations pursuant to Chapter 1.05 of the Norco Municipal Code.

6.45.060 Charges, billing and collection.

Every person or owner of residential, commercial or public property or premises in the City of Norco that keep livestock shall be billed for manure collection services pursuant to approved the franchise haulerCity billing practices. In accordance with the refuse service agreement, the City may handle contractor’s billings, collections and payments due contractor from persons served.

6.45.070 Appeal.

Any occupant or owner of residential property or premises in the City who has been billed for manure collection services and who desires to contest the extent, degree or reasonableness of the charges shall make payment of such charges under protest with the City Manager or his duly authorized representative. Within 30 days after the date of filing, the City Manager or his duly authorized representative shall notify the protestant of his/her findings and adjudication and adjustment in the matter. Within 15 days after such a notice of the decision of the City Manager or his duly authorized representative, the protestant may appeal in writing to the City Council, and shall have the right to appear and have a hearing at a regular meeting. The decision of the City Council shall be final.

6.45.070 Third-party haulers.

Persons may elect to use third-party haulers for manure collection services but those haulers must not provide duplicate services provided (e.g., manure carts/bins/roll-offs) by the City’s franchise hauler and shall be governed by Municipal Code Chapter 6.42 and 6.45. Persons must obtain a manure third-party permit from the Public Works Department. Third-party haulers must also have a City business license and provide the Public Works Department with quarterly and annual tonnage reports of manure diverted to a City approved processing facility. Failure to meet these requirements shall result in the permit being rescinded. Any persons using a third-party hauler without a permit from the City shall be subject the violator to the general penalties set forth in Chapter 1.04 and to administrative citations pursuant to Chapter 1.05.

6.45.080 Manure self-haul permit.

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generator or responsible party who transports manure that is generated on site to a City approved recycling facility by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the services of the City’s franchise hauler. All manure self-haulers must obtain an annual self-haul permit and provide an annual report to the City outlining the tonnage of material recycled each year. Such permit shall expire on the thirty-first of December each year, and may be renewed by the permittee for periods of one year upon written application to the Director of Public Works made prior to the expiration of the initial permit or any prior renewal thereof. A denial of an application for a permit or renewal thereof may be appealed to the City Council by the applicant filing with the City Clerk a notice of appeal within 10 days after receipt of the Director of Public Works’ written notice of denial. The decision of the City Council shall be final. No permit issued hereunder shall be transferred to any subsequent occupant of the same property.

6.45.090 Payment of bills.

Manure collection charges billed by the City are due and payable upon receipt.

6.45.100 Penalty.

Any manure collection service billing which is unpaid in whole or in part on the date due is declared delinquent. A penalty in the amount of 10 percent of the unpaid balance of such bill, including any charges stated therein, shall be imposed. The City Manager or Deputy City Manager/Director of Finance shall have the authority to waive or remove penalty charges for reasonable causes.

6.45.110 Collection of manure collection service charges.

Should the owner or occupant of any property in the City fail, refuse or neglect to pay in accordance with the provisions in this chapter, the manure collection service charge assessed, then all costs incurred by the City shall be recoverable by the City and charged against the real property pursuant to Sections 6.42.109, 6.42.110 and

6.42.120.

SECTION 2: EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.

SECTION 3: SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, and phrase, hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.

SECTION 4: POSTING: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.

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PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on June 5, 2024.
_______________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on June 5, 2024 and thereafter at a regular meeting of said City Council duly held on June 5, 2024, it was duly passed and adopted by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on June 5, 2024. ________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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ORDINANCE NO. 1118

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE CHAPTER 6.42

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORCO
does hereby ordain, determine, and order as follows:

SECTION 1: Norco Municipal Code Chapter 6.42 "Municipal Refuse, Manure, and Recycling Collection" and Chapter 6.45 “City of Norco Manure Management and Disposal” is hereby amended as follows:

Chapter 6.42

MUNICIPAL REFUSE, ORGANICS, MANURE AND RECYCLING COLLECTION Sections:

6.42.010 Purpose and intent.

6.42.020 Definitions.

6.42.030 Franchise agreements.

6.42.035 State agency haulers.

6.42.040 Collection supervision.

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6.42.050 Preparation of solid waste.

6.42.055 Burning prohibited.

6.42.060 Restrictions on collected articles.

6.42.065 Dead animals.

6.42.070 Solid waste containers.

6.42.075 Container from unauthorized hauler.

6.42.080 Solid waste storage.

6.42.090 Collection practices.

6.42.100 Rules and regulations.

6.42.110 Charges—Determination—Liability of payment.

6.42.120 Charges—Billing and collection.

6.42.130 Appeal.

6.42.140 Charges—Exemption—Self-haul permit.

6.42.150 Payment of bills.

6.42.160 Penalty.

6.42.170 Manure collection.

6.42.180 Best management practices for manure storage and disposal.

6.42.190 Requirement to participate in the City’s manure program.

6.42.200 Third-party haulers.

6.42.210 Manure self-haul permit.

6.42.220 Mandatory recycling.

6.42.230 Recycling programs.

6.42.240 Separation of recyclable and organic materials, storage, and containers.

6.42.250 Recycling reports.

6.42.260 Scavenging.

6.42.270 Composting.

6.42.280 Construction and demolition debris recycling.

6.42.290 Enforcement.

6.42.300 Violation—Penalty.

6.42.010 Purpose and intent.

The purpose of this chapter is to provide standards for integrated solid waste management of trash waste in the City of Norco (City), to include source reduction by recycling or diversion of organics, recyclables, and manure, in order to provide for the long-term health, safety and welfare of Norco residents through extending current landfill capacity, preserving resources, and providing for the general protection of the environment. The chapter provides for regulation of the storage, collection, transportation municipal waste and recovery of marketable and recyclable materials.

Establish requirements for recycling of manure, recyclable materials and organics generated by commercial facilities and residential properties, in order to increase the diversion of recyclable, compostable and organic materials from landfill disposal, thus reducing greenhouse emissions, minimizing waste and helping to ensure the maintenance, restoration, enhancement, and protection of the environment, including natural resources.

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6.42.020 Definitions.

AB 827 requires businesses that are mandated to recycle under AB 341 (“MCR”) and/or mandated to recycle organics under AB 1826 (“MOR”) or SB 1383 and that provide customers access to the business, to provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible, easily accessible, and adjacent to each bin or container for trash.
“AB 939” or “The Act” means means “The California Integrated Waste Management Act of 1989” codified in part in Public Resources Code §§ 40000 et seq, and such regulations adopted by. California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statues of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Resources Code § 40000 and following as it may be amended and as implemented by the regulations of CalRecycle.
“AB 1594” means State of California Assembly Bill No. 1594 approved September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative Daily Cover does not constitute diversion through recycling and would be considered disposal.
“AB 1669” means State of California Assembly Bill No. 1669 approved September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the hiring of displaced employees under service contracts for the collection and transportation of solid waste.
“AB 1826” means State of California Assembly Bill No. 1826 approved September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an organic waste Recyclable Materials program to divert from the landfill organic waste from businesses. Each business meeting specific organic waste or solid waste

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generation thresholds phased in from April 1, 2016 to January 1, 2020, is required to arrange for organic waste Recyclable Materials services. “AB 3036” means State of California Assembly Bill No. 3036 approved September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit.
“Administrator” means one or more employees designated by the City Manager who is functioning in a responsible level in the city administration. The Administrator(s) shall administer and enforce the provisions of this chapter.
“Agreement” means the written Integrated Waste Management Services agreement between the City and the contractor covering the work to be performed and all contract documents attached to the agreement and made a part thereof. “Animal livestock” means any type of farm animal kept or raised for use or pleasure, including, but not limited to, horses, cows, sheep, pigs, goats, llamas, zebras, emus, ostriches, buffalo, camels, alpacas, rabbits, chickens, and birds kept in aviaries. Dogs and cats are specifically excluded.
“Animal livestock keeping” means owning and/or caring for horses or other animal livestock on privately owned, commercial or public property within the City. “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City.
"Back-haul" means transporting recyclable materials or organic waste to a destination owned and operated by the waste generator using a vehicle or trailer that was originally used to deliver products or finished goods to the waste generator's location. “Best Management Practices (BMP)” means the schedule of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to the maximum extent that is technologically and economically feasible, the discharge of pollutants in the storm drain system and/or. most effective and practicable means of storing, handling, removing, and disposing of livestock manure. “Bin” shall mean those plastic or metal containers of two cubic yards to six cubic yards that have plastic lids on the top. Bins are used for weekly or more frequent collection of garbage waste, organic waste, manure or designated recyclables by the City’s franchise agent.

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“Biohazardous or Biomedical Waste” means any waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves.
"Black container" means a container with a black lid used to store and collect garbage waste.
"Blue container" means a container with a blue lid used to store and collect source separated recyclable materials waste.
“Bulky waste” means items such as furniture, household appliances, automobile tires, shipping crates, carpets, mattresses, oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length, and similar large bulky or heavy items not normally discarded on a regular basis at a single family, multi-family service unit. “Bulky Items” do not include Construction and Demolition Debris or Electronic Waste, which are regarded as Universal Waste, the disposal of which is governed by the Department of Toxic Substances Control. Each Bulky Item shall weigh less than 200 pounds.
“Buy-back center” means a facility licensed and permitted by the Department of Conservation and/or local jurisdiction which pays a fee for the delivery and transfer of ownership to the facility of source-separated materials for the purpose of recycling or composting.
"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR). "CalRecycle" means California's Department of Resources Recycling and Recovery, which is authorized to implement and enforce state laws related to waste and recycling. “Carts” shall mean a heavy plastic receptacle with a rated capacity of at least twenty (20) and not more than one hundred (100) gallons, having a hinged tight-fitting lid and wheels, that is provided by the exclusive franchise solid waste contractor, approved by the City, and used by service recipients for collection, accumulation, and removal of solid waste from any premises in connection with exclusive franchise integrated waste management services.
“City” shall mean the City of Norco, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
“Collect and Collection and Collected” means the removal of solid waste from a service unit and transportation to a disposal facility, organic waste processing facility, manure

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processing facility, materials recycling (or recovery) facility, or transfer station as appropriate.
"Commercial business" or "Commercial" means a firm, partnership, proprietorship, jointstock company, corporation, or association whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential premises. A multi-family residential development that consists of fewer than five units is not a commercial business for purposes of this chapter.
"Commercial edible food generator" means a commercial premises that generates recoverable edible food including a tier one or a tier two commercial edible food generator as defined in this chapter. For the purposes of this definition, food recovery organizations, and food recovery services, are not commercial edible food generators. “Compactor containers” means those fully enclosed metal containers of two to 40 cubic yards provided by the City’s hauler or customer. Compactors typically serve very large quantity generators.
“Compost” means the act or product of the controlled biological decomposition of Organic Wastes that are source separated or are separated at a centralized facility.

Compost may also include the product of anaerobic digestion or other conversion technologies.
"Compostable Plastics" means food-service and food-packaging plastic materials or plastic bags used for collecting organics material that are placed in the Green Container and transported to a compostable material handling operations or facilities, in-vessel digestion operations or other facility provided the organic waste processing facility accepts the material and has provided written notification annually to the City stating that the facility can process and recover that material for composability, as defined in 14 CCR Section 18984.1(a)(1)(A) for three container systems. “Composting” means the process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and which stabilizes the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner for a period of 30 to 90 days. “Construction” means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. “Construction and Demolition Debris” means discarded materials removed from premises, resulting from construction, renovation, remodeling, repair, deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or from landscaping. Such materials include but are not limited to “inert wastes” as defined in Public Resources Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, remnants of new

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materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings, and other structures.
“Containers” mean those receptacles used in collection and shall conform to the specifications defined in this chapter.
“Contaminant” means any material or substance placed into or found in a collection container other than the type of source separated material for which that collection container is intended or reserved. For example, anything that is not recyclable materials is a contaminant if placed into or found in a recyclable materials collection container.

Similarly, anything that is not organic waste is a contaminant if placed into or found in an organic waste collection container.
“Contract or franchise agent(s)” means any person or private or public entity designated by the City Council or other legally authorized public agency, as being responsible for administering the collection, processing and/or disposal of solid waste or designated recyclables, organics, and manure.
“Conversion rate” means the rate set forth in the standardized conversion rate table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management report for construction and demolition material.
“Covered project” shall have the meaning set forth in Section 6.42.280. “Curbside collection” means the service of removing and conveying nonhazardous and noninfectious solid waste, source-separated recyclables, organics, and manure from the public thoroughfare at the curb or alley. (The City shall make the final determination regarding eligibility for curbside collection, which shall generally apply to small quantity generators.)
“Demolition” means the decimating, deconstructing, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
“Designated solid waste and recycling collection or storage location” means a place designated by the City Manager for storage and/or collection of solid waste, manure, organics and/or recyclables. Designated locations include, but are not limited to, the curb, alley, waste/recycling enclosure, a loading dock, or basement of a commercial enterprise or multi-family complex where waste and recyclables are placed for collection or temporary storage prior to collection by the City’s franchise agent. “Diversion requirement” means the diversion of 100 percent of inert waste, to include asphalt, concrete, bricks, tile, trees, stumps, rocks, and associated vegetation and soils

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resulting from land clearing, and not less than 50 percent of the remaining waste generated, via reuse or recycling, unless a partial or full diversion exemption has been granted pursuant to Section 6.42.310, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Waste Management Report Compliance Official for the project.
“Diversion or Divert” means any combination of waste prevention (source reduction), recycling, reuse and composting activities that reduces waste disposed at landfills, provided such activities are recognized by CalRecycle as diversion in its determination of the City's diversion targets and compliance with State regulations. "Edible Food" means food intended for human consumption. For the purposes of this chapter edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code (Cal. Health and Safety Code §§ 113700 et seq.).
“Edible Food Recovery” means the actions to collect and distribute edible food and distributing it to local food recovery organizations from places where it would otherwise go to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining facilities.
"Enforcement action" means 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.
“Exempt Waste” means hazardous substances, hazardous waste, infectious waste, designated waste, special waste, universal waste, volatile, corrosive, Medical Waste, infectious, biohazardous, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its waste generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in the Contractor’s opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or the City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in solid waste generated at residential premises after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
“Food Waste” means (1) food scraps including all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps; and (2)

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food-soiled paper, which is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, and pizza boxes.
“Franchise Fee” mean the fee or assessment imposed by the City on contractor or franchise hauler solely because of its status as party to an approved Franchise Agreement issues by the City or other State public agency, and which, inter alia, is intended to compensate City for its expenses in administering this Franchise Agreement and for use of public rights of way granted by this Agreement. “Franchised hauler” means a hauler holding a franchise, contract, license or permit issued by the agency which authorizes the exclusive or nonexclusive right to provide solid waste handling services within all or part of the jurisdictional boundaries of agency. “Garbage” means all putrescible and non-putrescible solid, semi-solid and associated liquid waste generated or accumulated through the normal activities of a premises.

Garbage does not include recyclable materials, organic waste, manure, or bulky waste, that is source-separated and set out for purposes of collection and recycling. Garbage shall not include exempt waste.
“Generator” means every owner, tenant, occupant or person owning or having the care and control of any premises in the City including the temporary use of parks, open space or a public thoroughfare.
"Green Container" means a container with a green lid used to store and collect green waste and organic waste (excludes manure).
“Green Waste” means grass clippings, leaves, landscape and pruning waste, wood materials from trees and shrubs, and other forms of organic materials generated from landscapes or gardens. Yucca leaves, palm fronds, tree stumps and tree roots are not considered green waste, and shall be treated as garbage. Green waste is a subset of organic waste and shall not include exempt waste.
“Hazardous or toxic waste” shall have the meaning set forth in California Code of Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as may be amended from time to time. “Household Hazardous Waste or HHW” means that waste resulting from products purchased by the general public for household use which, because of its quantity, concentration or physical, chemical or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed or otherwise managed, or, in combination with other solid waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit any of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5, Chapter 11, Section 66261.3.

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“Improper disposal” means the discarding of any item or items upon public or private premises that were not generated on the premises as a part of its authorized use, unless written consent of the property owner is first obtained. “Improper disposal site” means any premises that have intentionally or unintentionally accumulated solid waste, recyclables, organics, manure, and/or charged a fee for accepting material without a permit from the State or County local enforcement agency.

This does not include businesses licensed and permitted in the City to purchase sourceseparated recyclables. “Inert waste” means materials such as concrete, soil, fully cured asphalt, bricks, rocks, slag, ceramics, earthen cooking ware, clay and clay products, crushed glass, fiberglass, roof shingles, and plaster. Inert waste does not contain putrescible waste or compostable waste.
"Inspection" means a site visit where the city reviews records, containers, and a person's collection, handling, recycling, or landfill disposal of organic waste or the handling of edible food to determine compliance with the requirements set forth in this chapter.
“Integrated Waste Management Services” means the collection of garbage, recyclable materials, organic waste, and manure within the corporate limits of City; the transportation of such material to appropriate places for processing, composting, and/or disposal; and the processing and final disposition of materials. “Landfill” means a disposal system by which solid waste is deposited in a specially prepared area which provides for environmental monitoring and treatment pursuant to the California Code of Regulations, California Public Resources Code and the Federal Resource Conservation and Recovery Act.
“Manure” means solid waste composed of excreta of animals and residual materials that have been used for bedding, sanitary, or feeding purposes for any type of farm animal kept or raised for use or pleasure, including but not limited to, horses, cows, sheep, pigs, goats, llamas, zebras, emus, ostriches, buffalo, camels, alpacas, rabbits, chickens, and birds kept in aviaries. Dogs and cats are specifically excluded. “Mixed waste processing” means a system of recovering recyclables from the mixed waste stream through separation at a processing facility, transfer station, landfill, or other such facility, instead of separation at the primary waste generation source. "Multi-family residential premises" means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family residential premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
“Municipal Code” means the City of Norco Municipal Code.

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“Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including streets, catch basins, curbs, gutters, natural or manmade channels, or storm drains) owned or operated by a public body having jurisdiction over disposal of stormwater or other wastes.
“Non-Collection Notice” means a written notice that notifies a service recipient of the reason contractor did not collect solid waste set out for collection. "Non-compostable paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process. “Noncovered project” shall have the meaning set forth in Section 6.42.280. “Nuisance” means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood, or any number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing, or disposal of solid waste, compost, and/or designated recyclables, organics and manure.
“Organic waste” (also referred to as “organics”) means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. While manure is considered an organic waste, all manure shall not be placed in the designated organics container and shall be placed in a separate manure container provided by the contractor. “Person” means any property owner, resident, occupant, firm, partnership, association, corporation, company or organization of any kind.
“Processing” means the reduction, separation, recovery, conversion, or recycling of any component(s) of solid waste.
“Prohibited Container Contaminants” means the following: (i) materials placed in a recyclable material container that are not identified as acceptable recyclables Material; (ii) materials placed in a organic waste container that are not identified as acceptable organic waste; (iii) materials placed in a garbage container that are not identified as acceptable garbage or are acceptable recyclable material and/or organic waste; (iv) materials placed in a manure container that are not identified as acceptable manure; and (v) exempt waste placed in any container. For purposes of this chapter, “contamination” or “contaminated” refers to the presence of Prohibited Container Contaminants.
“Project” means any activity which requires an application for a construction or demolition permit, or any similar permit from the City.

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“Putrescible wastes” means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas by-products.

Material in this category includes, but is not limited to, kitchen waste, dead animals, food from containers, etc., except organic wastes separated therefrom and used in composting.
“Recyclables” means any materials that are recyclable, reclaimable, and/or reusable within the following generating categories: small quantity generator and large quantity generator. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been separated from other small or large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclable materials collected under a mixed waste processing program.
“Recycling” means the process of collecting, sorting, cleansing, treating and/or marketing Recyclable Materials that would otherwise become garbage, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. The collection, transportation or disposal of solid waste not intended for, or capable of, reuse is not recycling. “Recycling” does not include transformation as defined in Public Resource Code Section 40201.
“Refuse” means garbage and rubbish.
“Removal” means the act of taking solid wastes or designated recyclables from the place of generation either by the contract or franchise agent(s), or by a person in control of the premises.
“Removal frequency” means frequency of removal of solid wastes or recyclables from the place of generation.
“Renovation” means any change, addition, or modification in an existing structure. “Residential Premises” means: (i) any building or structure, or portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; and (ii) any multiple unit residential complex which, with the prior written approval of the City Manager, receives Integrated Waste Management Services using standard residential Containers. “Residential Premises” does not include short-term residential uses, such as motels, tourist cabins, or hostels which are regulated as hospitality establishments. “Reuse” means further or repeated use.

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“Roll-off service” means service provided for the collection, removal and disposal of commercial and industrial waste such as construction, demolition, manure and other primarily inert nonputrescible wastes and green wastes. Roll-off service is usually provided using open top metal containers.
“Route Review” means a visual inspection of Containers along a Collection Route for the purpose of identifying Prohibited Container Contaminants, which may include mechanical inspection methods such as use of cameras.
“Rubbish” means nonputrescible solid wastes such as ashes, paper, glass, bedding, crockery, plastics, rubber by-products or litter. Such materials that are designated as recyclable or compost may be exempt from categorizing as rubbish; provided, such materials are handled, processed and maintained in a properly regulated manner. “Salvaging or salvageable” means the controlled and/or authorized storage and removal of solid waste, designated recyclables or recoverable materials. “SB 1383” means State of California Senate Bill 1383 Short-lived Climate Pollutants:

Organic Waste Reductions, approved September 19, 2016, and the regulations implementing the law Title 14, Code of California Regulations (CCR), Chapter 12. “Scout Service” means the use of scout truck services provided for the retrieval of collection containers from locations with accessibility constraints that make containers difficult or impossible to access using regular trash collection trucks. Scout service is subject to a fee applied by the franchise hauler. Scout Service will be provided to manure bins at no additional charge to all customers.
“Scavenging” means the uncontrolled and/or unauthorized removal of solid waste, designated recyclables or recoverable materials. Such activity is unlawful and is subject to civil penalties under Section 1.04.010 and Chapter 9, Section 41950 of the California Integrated Waste Management Act of 1989.
“Self-haul or self-hauling” means a generator or responsible party who transports his or her own recyclable or compostable materials to a recycling facility or its corporate yard for processing by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the hauling services of a franchise hauler. All self-haulers must provide an annual report to the City outlining the tonnage of material recycled each year. Self-hauler also includes a person or business that back-hauls waste.
"Single-family" means of, from, or pertaining to any residential premises with fewer than five units.
“Solid Waste” means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded

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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, as set forth in California Public Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes recyclable materials but does not include (1) hazardous waste; (2) radioactive waste regulated pursuant to the Health and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the Health and Safety Code Section 117600 et seq.
“State” shall mean the State of California.
"State agency" means any agency or department of the State of California, including, but not limited to, school districts, boards of education, and any school or other entity operated by or under the auspices of a school district and/or board of education, and prison.
"State agency collector" means any person that collects solid waste from premises located within the City that are owned or operated by a state agency. State agency collectors are subject to City’s franchise fee.
“Storage” means the interim containment of solid wastes, green wastes, or recyclables in an approved manner after generation and prior to disposal, collection or processing. (“Interim” means for one week or less; roll-off containers may store nonputrescible waste for up to 30 days.)
“Tan Container” means a container with a tan lid used to store and collect manure material waste.
"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:
(1) Supermarket;
(2) Grocery store with a total facility size equal to or greater than 10,000 square feet;
(3) Food service provider;
(4) Food distributor;
(5) Wholesale food vendor.
"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;

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(6) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet;
(7) A school, college, university, or other educational facility with an on-site food facility.
“Total project costs” means the total value of a project as calculated using Norco’s standard valuation multipliers.
“Transfer or processing station” means those facilities utilized to receive solid wastes and to temporarily store, separate, convert, or otherwise process the solid waste and/or recyclables.
“Unit” means an individual residence contained in a residential multi-family complex or commercial property.
“Universal Waste” means waste materials that are conditionally exempt from classification as hazardous waste pursuant to Title 22 of the California Code of Regulations (22 CCR), Section 66261.9, including but not limited to: (i) batteries as described in 22 CCR section 66273.2; (ii) thermostats as described in 22 CCR Section 66273.4; (iii) lamps as described in 22 CCR Section 66273.5; and (iv) cathode ray tube materials as described in 22 CCR Section 66273.6.
“Waste” means the useless, unused, unwanted, or discarded material and debris resulting from normal residential and commercial activity or materials which, by their presence, may injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof.
“Waste management report (WMR)” means a WMR form, approved by the City Manager or designee, for the purpose of compliance with this chapter. “Waste Management Report Compliance Official” means the designated staff person(s) authorized by the City Manager and responsible for implementing the construction and demolition debris recycling program.
“White goods” means kitchen or other large enameled appliances which include, but are not limited to, refrigerators, washers, and dryers.
“Wood waste” means Green Waste consisting of stumps, large branches, tree trunks, untreated wood pieces or particles, and untreated wood that are generated from the manufacturing or production of wood products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. Treated wood of any kind shall be treated as Exempt Waste.
“Vector” means any nuisance such as odor, unsightliness, sound, or a carrier, usually insects or rodents, which are capable of transmitting a disease.

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“Vehicle Impact Fee” means the annualized costs for pavement repair, maintenance, and rehabilitation is calculated based on the proportionate impact to pavement from solid waste collection vehicles compared to other sources of impacts. ement from solid waste collection vehicles compared to other sources of impacts.

6.42.030 Franchise agreements.

In the event that the City, pursuant to Public Resources Code Section 40059, awards an exclusive franchise to provide for refuse collection, recycling and disposal services, a franchise fee and vehicle impact fee based on a formal fee study shall be imposed by the City to defray the costs of public services, maintaining and repairing City rights-ofway affected by heavy equipment used by the franchisee. approved by other public entities.

6.42.035 State Agency Collectors.

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agency collector shall prepare a statement reporting its gross revenues for services provided to each state agency within the City, and shall submit such statement concurrently with the remittance of the franchise fee payable pursuant to this subsection.

6.42.040 Collection supervision.

All solid waste accumulated in the City shall be collected, conveyed and disposed of by the City or its duly authorized agent under the supervision of the City Manager or thier designated representative. The City Manager shall have the authority to make regulations concerning the days of collection, type and location of waste containers, and such other matters pertaining to the collection, conveyance and disposal as he/she shall determine to be reasonable or necessary.

A. Appeals. Any person aggrieved by a regulation of or penalty charged by the City shall have the right to appeal per Section 6.42.130, Appeal. Any charge or fee issued by the franchise hauler must be disputed directly with the hauler.

B. Log Book. Each contractor shall maintain a log complaint book in which all complaints received are recorded together with the manner in which the complaint was rectified. The log complaint book shall be available for inspection by the City Manager or their designated representative. City shall also maintain log of any complaints it receives and provide said complaints to the franchise hauler.

6.42.050 Preparation of solid waste.

A. Garbage. All garbage, before being placed in garbage containers for collection, shall have been drained of all free liquids.

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B. Rubbish. All rubbish shall be drained of liquid before being deposited for collection.

C. Cans and Bottles. All cans and bottles which have contained food shall be drained before being deposited for collection.

E. All refuse shall be placed in containers so as to freely empty to avoid damage to the container and injury to employees. Refuse shall not protrude above the top of the container.

6.42.055 Burning prohibited.

6.42.060 Restrictions on collected articles.

6.43.065 Dead animals.

6.42.070 Solid waste containers.

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6.42.075 Containers from unauthorized haulers.

Failure to comply shall subject the violator to the general penalties set forth in Chapter

1.04 and to administrative citations pursuant to Chapter 1.05.

Containers owned by contractors conducting construction and demolition projects in the City are allowable.

6.42.080 Solid waste storage.

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6.42.090 Collection practices.

A. Frequency of Collection. All solid waste accumulated from all single-family, multifamily, and commercial units shall be collected at least once each week.

D. Dumping Trash on Street. No person shall dispose of or dump upon any public property, street, or alley of the City, or upon any property of another.

E. Dumping Trash on Private Property. No person shall dispose of or dump upon any private property within the City any waste material of any kind or composition.

F. Collection.

1. Requirements for Vehicles. Collectors of solid waste who desire to haul over the streets of the City shall use a watertight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom, and refuse from being blown, dropped or spilled.

2. Disposal. Disposal of solid waste by persons so permitted under subsection (A) of this section shall be made outside the City limits, unless otherwise specifically authorized by the City.

6.42.100 Rules and regulations.

6.42.110 Charges—Determination—Liability of payment.

There are imposed by the franchise hauler fees and charges for the collection, removal and disposal of refuse within the City. Fees and charges for such collection, removal and disposal services.

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The occupants or owners of all residential, multi-family, and commercial properties or premises where refuse is produced or generated, regardless of whether the occupant or owner places such refuse for collection in a manner prescribed in this chapter or not, and regardless of whether the occupant or owner has any refuse for collection, shall be liable for the payment of all such fees and charges. Franchise hauler shall have the right to stop trash service due to non-payment as outlined in the franchise agreement.

6.42.120 Charges—Billing and collection.

Every occupant or owner of residential property or premises in the City shall be billed directly by the franchise hauler.

6.42.130 Appeal.

6.42.140 Charges—Exemption—Self-haul permit.

Notwithstanding anything to the contrary in this chapter, one may provide his own service for the removal or disposal of garbage and waste matter created from his own residence upon making application for and receiving the necessary permit from the Director of Public Works. Note – self-haul permit for manure is addressed separately in section 6.42.230. The Director of Public Works shall issue a permit upon determining that the applicant is able to dispose of the refuse by transporting the refuse to a Countyapproved sanitary fill in a safe and sanitary manner in accordance with the provisions of a self-haul permit. Such permit shall expire one year after the date of its issuance, and may be renewed by the permittee for periods of one year each upon written application to the Director of Public Works made prior to the expiration of the initial permit or any prior renewal thereof. A denial of an application for a permit or renewal thereof may be appealed to the City Council by the applicant by filing with the City Clerk a notice of appeal within 10 days after receipt of the Director of Public Works written notice of denial. The decision of the City Council shall be final. No permit issued hereunder shall be transferred to any subsequent occupant of the same residence.

6.42.150 Payment of bills.

Payment of bill issued by the franchise hauler for services shall be paid directly by the franchise hauler.

6.42.160 Penalty.

Any solid waste collection billing that is not paid on the due date is subject to penalties as provided in the franchise hauler agreement.

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6.42.170 Manure collection.

It is the intent of this section to outline best management practices and to establish regulations for the proper handling, temporary storage, collection, and disposal of manure in the City. These practices are designed to prevent the discharge of pollutants into stormwater runoff which enters the municipal separate storm sewer system (MS4), prevent leaching of nutrients into the groundwater and to minimize fly breeding and wind induced pollutants from stored manure. This chapter also requires all persons in the City who keep livestock to participate in the City’s manure collection program (except those with a self-haul permit issued by the City) and pay the associated service fees charged by the franchise hauler. This is in pursuance of and in conjunction with existing environmental and water quality laws and regulations including Chapter 15.70, the municipal separate storm sewer system permit (MS4 permit), the National Pollutant Discharge Elimination System (NPDES), and the Federal Clean Water Act (33 U.S.C.

Section 1342).

The standards, regulations, and best management practices established in this chapter shall apply to all persons within the City limits of the City. Persons who do not keep livestock shall not be required to participate in the manure collection program.

6.42.180 Best management practices for manure storage and disposal.

A. Manure Storage on Private Property.

1. Manure shall be removed from stalls, paddocks, arenas, corrals and other livestock keeping areas on a regular basis, i.e., daily is best but at a minimum weekly is required.

2. Manure shall be stored in containers which are approved by the City or in a designated manure waste storage area constructed in conformance with the minimum guidelines established in this chapter.

3. Manure storage, whether in a cart, dumpster bin, roll-off box or constructed structure, shall be stored at least 35 feet from the nearest neighboring dwelling unit.

4. Approved containers are those supplied by the City’s franchise hauler and include carts, two-yard bins and roll-off boxes or otherwise approved by the City Manager or their designee. All such containers shall be equipped with working lids to minimize water accumulating within the container.

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B. Manure Collection Services.

Such permits shall be reviewed annually. Self-haul or self-hauling of manure is defined as a generator or responsible party who transports manure that is generated on site to a City approved recycling facility by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the services of the City’s franchise hauler. All manure self-haulers must obtain an annual self-haul permit and provide an annual report to the City outlining the tonnage of material recycled each year.

C. Manure Spreading and Composting.

1. Manure spreading over arenas, pastures, corrals or other livestock areas as an alternative means of disposal is prohibited and shall be in violation of this chapter.

2. Manure composting is prohibited and shall be in violation of this chapter.

6.42.190 Requirement to participate in the franchise hauler manure collection services.

Every person or owner of residential, commercial or public property in the City that keeps livestock shall adhere to all manure management practices. Failure to participate in the franchise hauler manure collection services shall subject the violator to the general penalties set forth in Chapter 1.04 and to administrative citations pursuant to Chapter 1.05.

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6.42.200 Third-party haulers.

6.42.210 Manure self-haul permit.

6.42.220 Mandatory recycling.

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refuse, for recycling purposes, all designated organics, to arrange for recycling services, and otherwise participate in recycling as described by this chapter.

6.42.230 Recycling programs.

6.42.240 Separation of recyclables, organics, and manure, storage, and containers.

The designated recyclables, organics, and manure shall be stored separately from refuse. The property owner, operator, or occupant shall store such solid waste, designated recyclables, organics, and manure on the premises or property in such a manner so as not to constitute a fire, health, or safety hazard, and shall require it to be handled in such a manner so as not to promote the propagation, harborage, or attraction of vectors, or the creation of litter or other nuisances.

B. A container or containers for designated recyclables, organics, and manure shall be provided by the contract or franchise agent(s) for any premises generating residential or commercial recyclables, organics, or manure, for the exterior collection of

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designated recyclables, organics,, or manure. The containers shall effectively segregate the designated recyclables, organics, or manure from refuse.

C. All such containers to be used in the City’s recycling programs shall be approved by the City Manager, in conjunction with the contract or franchise agent(s).

D. Designated recyclables, organic materials, and manure shall be sorted as established by program guidelines and placed in separate containers, containers with segregated compartments, or commingled (in one recycling container), as agreed upon by the City Manager and the contract or franchise agent(s). Containers, if more than one, shall be grouped together and placed for collection at the same time as when regular refuse collection occurs or at designated recycling collection times (if different from refuse collection) and at designated recycling collection locations.

G. It shall be unlawful for any person to dispose, dump, or otherwise place material other than designated recyclables, organics, or manure in a designated container or at a designated collection or storage location.

6.42.250 Recycling reports.

A. All commercial and industrial establishments that self-haul or back-haul their own recyclables shall submit recycling tonnage documentation on an annual basis to the City’s Public Works Department, due on or before January 31st, for the previous year.

Annual reporting shall be on the form promulgated by the Public Works Department.

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6.42.260 Scavenging.

6.42.270 Composting.

Composting may not be conducted on undeveloped residential lot.

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6.42.280 Construction and demolition debris recycling.

A. Projects.

1. Covered Projects. The following project categories are covered projects and must comply with this section:

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a. Any project requiring a permit for demolition or construction, unless defined as a noncovered project in subsection (A)(2) of this section. b. Any sequenced developments, such as housing subdivision construction or subdivision demolition, must be considered as a project in its entirety for purposes of this section, and not as a series of individual projects. c. Any individually built single-family home.

2. Noncovered Projects. A performance deposit and waste management report shall not be required for the following:
a. Work for which a construction or demolition permit is not required. b. Roofing projects that do not include tear-off of existing roof. c. Work for which only a plumbing, only an electrical, or only a mechanical permit is required.
d. Seismic tie-down projects.
e. Pool demolition project where materials are buried on site. f. Emergency required to protect public health and safety.

B. Submission of Waste Management Report.

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4. Documentation. Within 30 days after demolition is completed (if a demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicant shall submit to the Public Works Department documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (C) of this section.

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she shall cause the release of the performance deposit to the applicant within 60 days of the applicant’s submission of the documentation required under this section. If the applicant has complied in part, a portion of the performance deposit will be withheld. The amount withheld will be proportional to the percentage of materials that are not recycled/diverted. b. Noncompliance. If the Public Works Department determines that the applicant failed to submit the documentation within the required time period, then the performance deposit shall be forfeited to the City. All forfeited and/or unrecovered funds shall be used for waste reduction and recycling activities.

C. Exemption.

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granting or denial of an exemption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final.

6.42.290 Enforcement.

A. The City Manager or designee is responsible for enforcing the provisions of this chapter.

1.04.010.

E. Each such violation shall be subject to the provisions of Section 1.04.010.

6.42.300 Violation—Penalty.

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Chapter 6.45

CITY OF NORCO MANURE MANAGEMENT AND DISPOSAL
Sections:

6.45.010 Intent and purpose.

6.45.020 Definitions.

6.45.030 Applicability.

6.45.040 Best management practices for manure storage and disposal.

6.45.050 Requirement to participate in the City’s manure program.

6.45.060 Charges, billing and collection.

6.45.070 Third-Party Haulers.

6.45.070 Manure self-haul permit.

6.45.010 Intent and purpose.

It is the intent of this chapter to outline best management practices and to establish regulations for the proper handling, temporary storage, collection, and disposal of manure in the City of Norco (City). These practices are designed to prevent the discharge of pollutants into stormwater runoff which enters the municipal separate storm sewer system (MS4), prevent leaching of nutrients into the groundwater and to minimize fly breeding and wind induced pollutants from stored manure. This chapter also requires all persons in the City who keep livestock to participate in the City’s manure collection program and pay the associated service fees. This is in pursuance of and in conjunction with existing environmental and water quality laws and regulations including the City Municipal Code (Chapter 15.70), the municipal separate storm sewer system permit (MS4 permit), the National Pollutant Discharge Elimination System (NPDES), and the Federal Clean Water Act.

6.45.020 Definitions.

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(d) “Composting” means the process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and which stabilizes the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner for a period of 30 to 90 days. (e) “Animal livestock keeping” means owning and/or caring for horses or other animal livestock on privately owned, commercial or public property within the City. (f) “Manure” means a solid waste composed of excreta of animals and residual materials that have been used for bedding, sanitary, or feeding purposes for such animals.
(g) “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including streets, catch basins, curbs, gutters, natural or manmade channels, or storm drains) owned or operated by a public body having jurisdiction over disposal of stormwater or other wastes.

6.45.030 Applicability.

The standards, regulations, and best management practices established in this chapter shall apply to all persons within the City limits of the City. Such persons who keep livestock shall participate in the City’s manure collection program and pay the attendant fees. Persons who do not keep livestock shall not be required to participate in the manure collection program.

6.45.040 Best management practices for manure storage and disposal.

A. Manure Storage on Private Property.

1. Manure shall be removed from stalls, paddocks, arenas, corrals and other livestock keeping areas on a regular basis, i.e., daily is best but at a minimum weekly is required.

2. Manure shall be stored in containers which are approved by the City or in a designated manure waste storage area constructed in conformance with the minimum guidelines established in this chapter.

3. Manure storage whether in a cart, dumpster bin, roll-off box or constructed structure shall be stored at least 35 feet from the nearest neighboring dwelling unit.

4. Approved containers are those supplied by the City’s franchise hauler and include carts, two-yard bins and roll-off boxes or otherwise approved by the Director

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of Public Works. All such containers shall be equipped with working lids to minimize water accumulating within the container.

5. Manure storage areas shall be constructed in such a manner as to minimize potential runoff. No manure storage structure or container shall be placed within 10 feet of a flood control channel or open storm drain. Storage areas shall be constructed with a three-walled, fire-proof structure on a concrete base with a roof or tarp per standards established by the Public Works Director.

B. Manure Collection Services.

2. All persons who keep livestock shall participate in the City manure collection program. The collection and transportation of manure from commercial and private properties within City boundaries shall be done utilizing the City designated franchise manure disposal contractor. However, persons who have been issued a valid self-haul permit may privately haul their manure to an approved designated disposal facility in lieu of the City’s manure collection contractor. In order to do so, such persons must be issued a self-haul permit from the City’s Public Works Director. Such permits shall be reviewed annually. Self-haul or self-hauling of manure is defined as a generator or responsible party who transports manure that is generated on site to a City approved recycling facility by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the services of the City’s franchise hauler. All manure self-haulers must obtain an annual self-haul permit and provide an annual report to the City outlining the tonnage of material recycled each year.

C. Manure Spreading and Composting.

1. Manure spreading over arenas, pastures, corrals or other livestock areas as an alternative means of disposal is prohibited and shall be in violation of this chapter.

2. Manure composting is prohibited without receiving a composting permit from the Director of Public Works.

6.45.050 Requirement to participate in the City’s manure program.

Every person or owner of residential, commercial or public property in the City that keeps livestock shall adhere to all manure management practices. Failure to participate in the City’s manure collection program shall subject the violator to the general penalties

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set forth in Chapter 1.04 and to administrative citations pursuant to Chapter 1.05 of the Norco Municipal Code.

6.45.060 Charges, billing and collection.

Every person or owner of residential, commercial or public property or premises in the City that keep livestock shall be billed for manure collection services pursuant to approved the franchise hauler billing practices.

6.45.070 Third-party haulers.

Persons may elect to use third-party haulers for manure collection services but those haulers must not provide duplicate services provided (e.g., manure carts/bins/roll-offs) by the City’s franchise hauler and shall be governed by Municipal Code Chapter 6.42 and 6.45. Persons must obtain a manure third-party permit from the Public Works Department. Third-party haulers must also have a City business license and provide the Public Works Department with quarterly and annual tonnage reports of manure diverted to a City approved processing facility. Failure to meet these requirements shall result in the permit being rescinded. Any persons using a third-party hauler without a permit from the City shall be subject the violator to the general penalties set forth in Chapter 1.04 and to administrative citations pursuant to Chapter 1.05.

6.45.080 Manure self-haul permit.

SECTION 2: EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.

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AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on June 5, 2024.

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________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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Norco City CouncilJune 5, 2024

Norco City Council
June 5, 2024