Public Works and Transportation Committee
September 22, 2026
AGENDA REPORT
TO: Elizabeth Lake FROM: Liam Garland
Interim City Administrator Oakland Public Works
Director
SUBJECT: Ordinance Amending OMC Chapter
8.28 To Improve Waste Disposal
Requirements
DATE: August 31, 2026
City Administrator Approval Date:
RECOMMENDATION
Staff Recommends That The City Council Adopt An Ordinance Amending Oakland Municipal Code (Chapter 8.28 (Solid Waste Collection And Disposal And Recycling Ordinance) To: (1) Update Definitions For “Dwelling Unit” And “Food-Soiled Paper” And Add A Definition for “On-Site Cleanup Hauler”; (2) Clarify That Subscription For Regular Collection Services For Mixed Materials And Organics (MM&O), And Recyclable Materials Is Mandatory, And That A Self-Haul Permit Is Required As A Means To Satisfy The Property Owner’s Obligation To Subscribe To Such Collection Services; (3) Stipulate That It Is Acceptable For Service Providers Other Than The MM&O Collector To Transport Bulky Goods Removed From Within A Premises As An Incidental Part Of An On-Site Property Cleanup Service Only If They Have A City Issued On-Site Cleanup Hauler Permit; (4) Emphasize The Need For Business And Residential Units In A Mixed-Use Environment To Obtain Separate Solid Waste Collection Services; (5) Strengthen The Reporting Requirements For Haulers Providing Organics Collection Service; (6) Authorize The City To Summarily Abate Nuisance Conditions Created By The Failure Of An Owner Of A Commercial Premises To Properly Dispose Of The Solid Waste Created, Produced, Or Accumulated On The Premises By Subscribing To Collection Service On Behalf Of The Property Owner; (7) Make The Costs Of Subscribing To Service On Behalf Of The Owner, Including The Administrative Costs Associated Therewith, A Special Assessment Against The Property Upon Which The Nuisance Conditions Are Maintained; And (8) Make Appropriate California Environmental Quality Act Findings
EXECUTIVE SUMMARY
Staff recommend that the City Council amend the City of Oakland (City) Oakland Municipal Code (OMC) Chapter 8.28 to:
1) Modify the definition of “dwelling unit,” for the purpose of solid waste management, to include work/live units to ensure proper collection and disposition of mixed materials, organics, and recyclable materials (OMC Section 8.28.010); Elizabeth Lake (Sep 10, 2026 16:08:01 PDT) Sep 10, 2026 Elizabeth Lake, Interim City Administrator
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2) Modify the definition of “food-soiled paper” to clarify that compostable paper material shall comport with the Plastic Pollution Prevention and Packaging Producer Responsibility Act’s (Senate Bill 54) Covered Material Category List and be free of plastic components (OMC Section 8.28.010);
3) Add a definition for “on-site cleanup hauler” so that such haulers can be regulated by the City to ensure all material they remove from a property are delivered to a responsible reuse, recycling, and disposal facility.
4) Clarify and affirm the City’s requirement for all residents and businesses to subscribe to the City’s exclusive franchised collection service for all solid waste, including MM&O and recyclable materials, except where open market service procurement is available for commercial recycling, and as an alternative to said service subscription or allowable open market procurement, a self-haul permit can be obtained pursuant to OMC Section
8.28.115 (OMC Sections 8.28.030 & 8.28.100);
5) Stipulate that it is acceptable for permitted service providers other than the City’s exclusive MM&O collector to transport bulky goods removed from within a premises as an incidental part of an on-site property cleanup service (OMC Section 8.28.060); 6) Emphasize the need for business and residential units in a mixed-use environment to obtain separate solid waste collection services (OMC Sections 8.28.141 & 8.28.142); 7) Strengthen the reporting requirements for haulers providing organic waste collection services (OMC Section 8.28.146);
8) Allow the Oakland Public Works (OPW) Director to summarily abate nuisance conditions created by commercial properties for their failure to properly separate and dispose of their solid waste by subscribing to collection service on behalf of the property owner (OMC Section 8.28.180); and
9) Make the costs of subscribing to service on behalf of a commercial property owner a special assessment against the property upon which the nuisance conditions are maintained (OMC Section 8.28.190).
These OMC amendments are intended to reduce illegal dumping and its adverse impact on Oakland, especially on historically disadvantaged communities. Adoption of this ordinance will strengthen the language in the OMC that states the City’s requirement for all residents and businesses to maintain a subscription for regular and adequate solid waste collection service and of which constituents can only opt out under limited circumstances. In addition, this ordinance will close an existing loophole where the City cannot effectively enforce the mandatory solid waste collection service requirement for commercial property owners that have failed to subscribe to service or become delinquent on their collection service invoices, which then results in the termination of their service.
BACKGROUND / LEGISLATIVE HISTORY
In 2012, the City Council approved Resolution No. 83689 C.M.S. establishing a Zero Waste System Design comprised of, among other things, a single franchise for citywide MM&O collection services, a single franchise for citywide residential recycling collection service, and recycling services for Oakland businesses on a non-exclusive basis (i.e., open market). This was followed by the adoption, in 2015, of Ordinance No. 13314 C.M.S. to implement said Zero Waste System Elizabeth Lake, Interim City Administrator
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Design. This ordinance conformed the Zero Waste System to the Zero Waste collection services franchises to begin in July 2015. That same year, Waste Management of Alameda County (WMAC) and California Waste Solutions (CWS) were granted exclusive franchise rights to be the sole providers of MM&O and residential recycling collection services, respectively. The Ordinance also articulates who, in addition to the MM&O collector, may handle mixed materials and organics in Oakland. The list includes those in possession of a self-haul permit issued pursuant to OMC Section 8.28.115.
Lastly, the ordinance establishes a nuisance abatement process to address failures to ensure proper handling of solid waste, which is codified in OMC Section 8.28.180. OMC Section 8.28.180 currently authorizes the OPW Director to summarily abate nuisance conditions created by the failure of an owner of a single family premise or multi-family premise - but not of commercial properties - to properly separate and dispose of solid waste, including mixed materials, recyclables, and organics created, produced, or accumulated on the premises, by subscribing to collection service on behalf of the property owner to ensure the availability and continuity of service.
Relevant California Law Requirements
In September 2016, Governor Edmund Brown Jr. signed into law the Short-Lived Climate Pollutants Reduction Act (SB 1383) which established methane emissions reduction targets for California in a statewide effort to reduce emissions of short-lived climate pollutants. In November 2020, the California Department of Resources Recycling and Recovery issued SB 1383 regulations with broad-reaching requirements for jurisdictions including: provide organic material collection services to all residents and businesses; process these organic materials at facilities such as composting facilities that make soil amendments; and enact enforcement and recordkeeping to ensure all residents and businesses are subscribed to the required organics and recycling collection services.
In response, the City Council approved Ordinance No. 13671 C.M.S. in 2021 to adopt Alameda County Waste Management Authority’s (ACWMA’s) Organics Reduction and Recycling Ordinance and to amend OMC Chapter 8.28 in conformance with SB 1383.
ANALYSIS AND POLICY ALTERNATIVES
It has been the City’s position that public health, safety, and well-being require that qualified contractors be granted exclusive rights to provide for the collection of mixed materials, organics and residential recycling. Oakland owners of residential and commercial properties are required to subscribe to the City’s exclusive franchised collection service for all solid waste, unless the property falls into the classification for which the OMC allows procurement of service on the open market.
Appropriate Solid Waste Services for Mixed Use Buildings There are several definitions in the OMC that are vague on specific subscription requirements.
For example, “dwelling units,” as defined by Oakland Planning Code Section 17.65.150, do not include work/live units, which are currently considered commercial. Work/live units may therefore seek waivers from the mandatory organic materials collection service requirement per SB 1383 even though these properties house residents that routinely generate organic waste. Tenants in Elizabeth Lake, Interim City Administrator
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these units have expressed concerns to City staff regarding the unavailability of collection service for organics. In addition, as commercial properties, work/live units are currently not required to subscribe to the recycling collection service offered by the City’s exclusive residential recycling service provider and, instead, can seek commercial recycling in the open market where the City has less control over service standards and the final disposition of the collected materials. As such, staff recommends updating the “dwelling unit” definition in OMC Section 8.28.010 to eliminate the exemption for work/live units to ensure proper collection and disposition of solid waste. For the same reason, staff also recommend clarification in OMC Sections 8.28.141 and
8.28.142 to emphasize the need for residential and commercials units in a mixed-use environment to obtain separate solid waste collection services.
Similarly, OMC Section 8.28.100 is ambiguous and may cause confusion regarding whether subscription for regular collection service is required for organics and recyclable materials, as it simply states that “arrangements” need to be made to separate and collect these materials.
Clarification is recommended in this section as well as OMC Section 8.28.030 to affirm the City’s requirement for all residents and businesses to subscribe to the City’s exclusive franchised collection service for all solid waste, including mixed materials, organics, and recyclable materials, except where open market service procurement is available for commercial recycling, and as an alternative to said service subscription or allowable open market procurement, a self-haul permit can be obtained pursuant to OMC Section 8.28.115.
Food Soiled Paper Definition Update
In an effort to reduce contamination of organic waste collected by the City’s MM&O collector, staff recommends modifying the definition of “food-soiled paper” to clarify that paper material to be composted shall be free of plastic components.
Bulky Goods Removal and Transport from Within Premises
Staff also recommends modifying OMC Section 8.28.060 to allow permitted service providers other than the City’s exclusive MM&O collector to transport bulky goods removed from within a premises as an incidental part of an on-site property cleanup service offered by that service provider rather than as a separately contracted or subcontracted hauling service. Withinpremises/on-site property cleanup is not an exclusive service included in the City’s MM&O franchise agreement with WMAC. For example, a full-service junk hauler can be hired to remove one’s old furniture, electronics, appliances, and exercise equipment directly from inside one’s house, but not those already set out on the curb, which would be within the purview of WMAC per the exclusive MM&O franchise agreement. This proposed amendment will codify something that is already an accepted practice and establish a permit system for on-site cleanup haulers so the City can ensure such haulers deliver material to responsible destinations for reuse, recycling, and disposal.
Strengthening Reporting Requirements for Haulers
The City Council approved Ordinance No. 13671 C.M.S., in 2021, adopting ACWMA’s Organics Reduction and Recycling Ordinance 2021-02 and amending OMC Chapter 8.28 to make conforming amendments to comply with SB 1383. Per those amendments, the City shares the responsibility of enforcing SB 1383 requirements with ACWMA. To more effectively collect information required by SB 1383 from haulers, especially those operating in the open market for commercial recycling, staff recommends strengthening regular hauler reporting requirements in OMC Section 8.28.146 to require haulers provide monthly reports to the City including but not Elizabeth Lake, Interim City Administrator
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limited to specific customer name, service and billing address, service container size, and service days.
Commercial Properties Special Assessment Process
The proposed ordinance also seeks to apply the special assessment process in OMC Section
8.28.180 to commercial properties by allowing the OPW Director to summarily abate nuisance conditions created by commercial properties for their failure to properly separate and dispose of their solid waste by subscribing to or maintaining adequate collection service, which is an existing requirement in the OMC. The OPW Director will be able to subscribe to collection service on behalf of a commercial property owner and make all associated costs, including administrative costs, a special assessment against the property. This change will align with the City’s existing authority to respond to such nuisance conditions on residential properties.
The ability to impose special assessments against commercial properties ensures collection service availability and continuity by allowing the City to assume service subscription on behalf of a property owner when they fail to subscribe, subscribe to insufficient service based on the volume of material they produce, or upon their failure to make payment. This is made necessary by SB 1383 which requires businesses to establish minimum service levels for mixed materials, recycling, and organics collection while prohibiting service interruptions. Continuity in collection service also mitigates potential nuisance related to accumulation of waste on private property and illegal dumping in the public right-of-way, an especially acute problem in economically disadvantaged communities.
RELATED PLANNING EFFORTS
advance several adopted City of Oakland plans related to waste reduction, climate action, environmental justice, and regulatory compliance.
Zero Waste Strategic Plan
The Zero Waste Strategic Plan (Plan) adopted in 2006 calls for expanding recycling and composting systems, reducing waste disposal, and establishing upstream waste-prevention strategies. This proposed ordinance strengthens mandatory participation in recycling and organics collection, clarifies service requirements, and improves enforcement, directly supporting core Plan objectives and helping to reduce illegal dumping and landfill reliance. 2030 Equitable Climate Action Plan (ECAP)
The ordinance aligns with multiple elements of the ECAP adopted in July 2020, particularly the Material Consumption & Waste section, which directs the City to eliminate disposal of organics to landfill.
ECAP Action MCW-1 (Eliminate Organics in Landfill): The proposal reinforces universal organics diversion from landfill, improves hauler reporting, and closes collection loopholes, directly advancing the ECAP mandate to keep organic waste out of landfills.
The ordinance also aligns with ECAP’s Adaptation and City Leadership guidance by reducing illegal dumping impacts (e.g., flooding hazards, fire risks, contamination) and demonstrating responsible municipal stewardship in delivering equitable waste services.
Elizabeth Lake, Interim City Administrator
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Oakland General Plan – Environmental Justice Element
The Oakland General Plan’s Environmental Justice Element was adopted in 2023 and emphasizes reducing pollution exposure, improving community health, and prioritizing investments in historically disadvantaged neighborhoods.
3. Reducing Pollution Exposure and Improving Air Quality: Specifically illegal dumping creates environmental hazards including toxins, vectors, fire risks, and storm-drain blockage. Stronger enforcement authority, mandatory service participation, and nuisance abatement provisions in the ordinance directly support the Environmental Justice Element and improve environmental and public health outcomes in frontline communities.
FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2026-2027 Adopted Budget to implement the proposed commercial special assessment process. No additional funding is requested for this recommended action. When the City subscribes to solid waste collection service on behalf of a property owner, the City does not actually pay for the service. Instead, the service provider is made whole through the special assessment process, and it only receives what the County/City is able to collect from the property owner. The City will follow generally accepted accounting principles to book these special assessments as revenue while expensing what is remitted to the service provider, with zero net financial impact. The City will collect administrative charges associated with the imposition of commercial special assessments, as established in the Master Fee Schedule, and book them into Fund 1710; however, it would be difficult to quantify the amount at this juncture since the total number of special assessments is unknown. The implementation of the special assessment itself may conceivably spur some percentage of non-compliant commercial properties into compliance with the solid waste collection service requirement without the actual levy of a special assessment.
PUBLIC OUTREACH / INTEREST
Staff presented proposed changes to OMC Chapter 8.28 at a July 2026 joint chamber of commerce meeting attended by representatives from the following chambers: Oakland African American Chamber, Oakland Chinatown Chamber, Oakland Latino Chamber, Oakland Metro Chamber, and Oakland Vietnamese Chamber. Notification of the City’s intent to implement this action has been made public in the City’s responses to the Oakland City Auditor’s audit of illegal dumping response efforts, and responses to a report on illegal dumping by the Alameda County Civil Grand Jury. Additionally, staff will collaborate with the City’s Finance Department and exclusive MM&O and residential recycling collectors as needed to conduct outreach and educate the public when implementing this ordinance.
COORDINATION
Environmental Services staff coordinated with the City’s Finance Department in preparing this legislation, and if adopted, will collaborate with the Finance Department on its implementation.
Elizabeth Lake, Interim City Administrator
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This report and legislation have been reviewed for form and legality by the Office of the City Attorney and the Budget Bureau of the Finance Department.
RACE AND EQUITY
Clean streets free of illegal dumping will have a measurably positive effect on the health and safety of Oaklanders, especially for those living and working in historically underserved and disadvantaged communities below Interstate 580 where illegal dumping is prevalent. According to the Oakland General Plan-Environmental Justice Element, impacted communities in Oakland have identified illegal dumping as an environmental justice issue, with significant concerns regarding potential exposures to hazardous materials, piles restricting access to creeks, worsening flooding, starting fires and contributing to a sentiment of overall neglect and abandonment by the City. With these actions, the City is taking steps to decrease the amount of illegally dumped materials in historically underserved and disadvantaged communities, which will improve the quality of life in communities, including decreasing potential exposure to hazardous materials and pests associated with dumped materials and allowing for more green spaces.
Allowing special assessments against commercial properties when they fail to maintain adequate and regular solid waste collection service also brings equity to the City’s nuisance abatement approaches concerning residential and commercial properties.
In summation, adoption of this ordinance will reaffirm the City’s requirement for all residents and businesses to maintain a subscription for regular and adequate solid waste collection service and that constituents can only opt out of such collection service under limited circumstances. In addition, this ordinance will close an existing loophole where the City cannot effectively enforce against commercial properties for failing to comply with the City’s existing mandatory solid waste collection service requirement. These OMC amendments are anticipated to reduce illegal dumping and its adverse impact on Oakland, especially on historically disadvantaged communities, consistent with the Citywide priority of being a responsive, trustworthy government.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
This ordinance and the action being undertaken to implement it are exempt from CEQA pursuant to CEQA Guidelines section 15307 (protection of natural resources), CEQA Guidelines section 15308 (protection of the environment), and CEQA Guidelines section 15321 (enforcement actions), each of which provides a separate and independent basis for CEQA clearance and when viewed collectively provide an overall basis for CEQA clearance.
Elizabeth Lake, Interim City Administrator
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ACTION REQUESTED OF THE CITY COUNCIL
Staff Recommends That The City Council Adopt An Ordinance Amending Oakland Municipal Code (Chapter 8.28 (Solid Waste Collection And Disposal And Recycling Ordinance) To: (1) Update Definitions For “Dwelling Unit” And “Food-Soiled Paper” And Add A Definition for “On-Site Cleanup Hauler”; (2) Clarify That Subscription For Regular Collection Services For Mixed Materials And Organics (MM&O), And Recyclable Materials Is Mandatory, And That A Self-Haul Permit Is Required As A Means To Satisfy The Property Owner’s Obligation To Subscribe To Such Collection Services; (3) Stipulate That It Is Acceptable For Service Providers Other Than The MM&O Collector To Transport Bulky Goods Removed From Within A Premises As An Incidental Part Of An On-Site Property Cleanup Service Only If They Have A City Issued On-Site Cleanup Hauler Permit; (4) Emphasize The Need For Business And Residential Units In A MixedUse Environment To Obtain Separate Solid Waste Collection Services; (5) Strengthen The Reporting Requirements For Haulers Providing Organics Collection Service; (6) Authorize The City To Summarily Abate Nuisance Conditions Created By The Failure Of An Owner Of A Commercial Premises To Properly Dispose Of The Solid Waste Created, Produced, Or Accumulated On The Premises By Subscribing To Collection Service On Behalf Of The Property Owner; (7) Make The Costs Of Subscribing To Service On Behalf Of The Owner, Including The Administrative Costs Associated Therewith, A Special Assessment Against The Property Upon Which The Nuisance Conditions Are Maintained; And (8) Make Appropriate California Environmental Quality Act Findings
For questions regarding this report, please contact Rebecca Parnes, Recycling Program Manager, at (510) 238-6262.
Respectfully submitted,
LIAM GARLAND
Director, Oakland Public Works
Reviewed by:
Kristin Hathaway, Assistant Director, Bureau of
the Environment, Oakland Public Works
Britteny Jenkins, Manager, Environmental
Services, Environmental Services Division,
Oakland Public Works
Prepared by:
Rebecca Parnes, Recycle Program Manager
Environmental Services Division, Oakland
Public Works Department