San Jose City Council
October 27, 2026

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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

DRAFT
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
PARTS OF CHAPTER 9.10 OF TITLE 9 OF THE SAN JOSE
MUNICIPAL CODE: (1) PARTS 1, 2, 3, 7 AND 9 TO

STANDARDIZE AND CONSOLIDATE SOLID WASTE
REQUIREMENTS; (2) PART 13 TO INCORPORATE

APPLICABLE REQUIREMENTS ESTABLISHED BY
SENATE BILL 1053 AND PROVISIONS OF THE

CALIFORNIA PUBLIC RESOURCES CODE PERTAINING

TO RECYCLED PAPER CARRY-OUT BAGS AND OTHER
REQUIREMENTS FOR RETAIL ESTABLISHMENTS; (3)
PART 15 RELATING TO THE CONSTRUCTION AND

DEMOLITION DIVERSION PROGRAM TO ALIGN WITH

CONSTRUCTION AND DEMOLITION INDUSTRY AND
STATE STANDARDS; AND (4) TO MAKE OTHER

TECHNICAL, NON-SUBSTANTIVE, OR FORMATTING

CHANGES WITHIN THE SAME PARTS
WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), the Director of Planning, Building and Code Enforcement has determined that the provisions of this Ordinance do not constitute a project, under File No. PP17-008 (General Procedure and Policy Making resulting in no changes to the environment); and WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, this Council has reviewed and considered the "not a project" determination under CEQA prior to taking any approval actions on this Ordinance; SAW:RBT:JMD
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:

SECTION 1. Part 1 of Chapter 9.10 of Title 9 of the San José Municipal Code is amended to read as follows:

Part 1
Purpose

9.10.010 Purpose of chapter
This cChapter is determined and declared to be a health, sanitary and safety measure necessary for the promotion, protection and preservation of the health, safety and general welfare of the people of the City of San José.

SECTION 2. Part 2 of Chapter 9.10 of Title 9 of the San José Municipal Code is amended and renumbered to read as follows:

Part 2
Definitions

9.10.020 General
The definitions set forth in this Part 2 shall govern the meaning and interpretation of this Chapter 9.10.

9.10.021 AB 341- Reserved
Editor's note— Ord. No. ____, § 2, adopted November 10, 2026, repealed § 9.10.021, which pertained to Assembly Bill 341 of 2011 and derived from Ord. No. 30684. "AB 341" means Assembly Bill 341 of 2011 approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and SAW:RBT:JMD
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41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time.

9.10.022 AB 1826- Reserved
Editor's note— Ord. No. ____, § 2, adopted November 10, 2026, repealed § 9.10.022, which pertained to Assembly Bill 1826 of 2014 and derived from Ord. No. 30684. "AB 1826" means Assembly Bill 1826 of 2014 approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time.

9.10.025 Alteration
"Alteration," as used in this Chapter, means any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.

9.10.026 Alternative daily cover
"Alternative daily cover" means cover material other than soil that has been approved by the California Department of Resources Recycling and Recovery (CalRecycle) for use as an overlay on the surface of the active face of a municipal solid waste landfill.

9.10.02793 Authorized organic material collector
“Authorized organic material collector” is a person authorized under, and by virtue of, one or both of the following to collect organic material:

A. "Authorized Residential Organic Material Collector" means a person authorized under and by virtue of a A contract with the City to provide Oorganic Mmaterial services to Rresidential Ppremises in the cCity.

B. "Authorized Ccommercial Organic Material Collector" means a person authorized under and by virtue of aA franchise granted pursuant to Part 11 and any other applicable requirements of this Chapter. or a permit issued pursuant to Part 13 of this Chapter to provide Oorganic Mmaterial collection services at Ccommercial Ppremises.

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C. "Authorized Oorganic Mmaterial Ccollector" means either an Authorized Residential Organic Material Collector or an Authorized Commercial Organic Material Collector

9.10.030 Authorized recycling collector
“Authorized recycling collector” is a person authorized under, and by virtue of one, or both of the following to collect recyclable material:

A. "Authorized residential recycling collector" means a person authorized under and by virtue of a A contract with the cCity to provide recycling services to residential premises in the city.

B. "Authorized commercial recycling collector" means a person authorized under and by virtue of a A franchise granted pursuant to Part 11 and any other applicable requirements of this cChapter or a permit issued pursuant to Part 13 of this cChapter to provide recycling services at commercial premises.

C. "Authorized recycling collector" means either an authorized residential recycling collector or an authorized commercial recycling collector.

9.10.040 Bulky goods
"Bulky goods" means discarded: furniture; carpets; mattresses; household appliances including refrigerators, ranges, washers, dryers, water heaters, and dishwashers and other similar items (commonly known as "white goods"); electronic equipment such as stereos, televisions, computers, and VCRs and other similar items (commonly known as "brown goods"); clothing; tires; and oversized yard wastes such as tree trunks and branches not exceeding two feet in diameter and four feet in length. Bulky goods does not include any motor vehicle or any subassembly, component or part thereof (except tires).

9.10.042 California Code of Regulations
"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of the CCR).

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Item Number: 6.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

9.10.045 California Green Building Standards Code (CALGreen) “California Green Building Standard Code” or "CALGreen", as used in this Chapter, means the California Green Building Standards Code, Part 11 of Title 24 of the California Code of Regulations, as amended from time to time.

9.10.0471 CalRecycle
"CalRecycle" means California's Department of Resources Recycling and Recovery.

9.10.050 Cannery waste
"Cannery waste" means semiliquid slurry wastes and vegetable wastes which are generated by bulk food processors such as, but not limited to, canneries and frozen food processors and which:

A. Are suitable for land spreading as a disposal method; and B. Are segregated from other waste materials and kept and accumulated in separate containers by the generator thereof for the purpose of having it disposed of by land spreading; and
C. Are actually and lawfully disposed of by land spreading.

9.10.055 City-certified recycling facility
“City-certified recycling facility” means a facility that has been approved by the City, in accordance with Section 9.10.2460 and regulations promulgated by the director, to accept construction and demolition debris generated in the city for processing.

9.10.060 Commercial premises
"Commercial premises" means all premises except residential premises.

9.10.070 Commercial solid waste
"Commercial solid waste" means solid waste generated at commercial premises.

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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

9.10.075 Commercial solid waste container
"Commercial solid waste container" means any container used for the storage of commercial solid waste.

9.10.077160 Commingled recyclables
A. "Commingled recyclables" means source separated recyclables that are:

1. Commingled in a container in a combination specified in rules promulgated by the director; and

2. Segregated from other waste materials by the generator for the purpose of recycling.

B. Except for incidental residue as specified in rules promulgated by the director, "commingled recyclables" does not include materials which are separated for recycling but are disposed of by landfilling.

9.10.0786 Community composting
"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

9.10.080 Composting
"Composting" or "Compost" means any process in which waste organic matter decomposes in a controlled environment and the product derived from such process.

9.10.082 Conditioned floor area
“Conditioned floor area” means the floor area (in square feet) of enclosed conditioned space on all floors of a building, as measured at the floor level of the exterior surfaces of exterior walls enclosing the conditioned space.

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9.10.084 Construction
“Construction” means the building of any structure or any portion thereof, including but not limited to, improvements to, additions to, and/or remodeling or repair of, an existing structure.

9.10.085 Construction and demolition debris
"Construction and Ddemolition Ddebris" means:

A. Discarded Rrecyclable and non-recyclable waste, including building materials, packaging, debris and rubble resulting solely from construction, alteration, remodeling, repair andor demolition operations on any house, residential property, commercial building, pavement, excavation projects, or other structures for which the City requires a building or demolition permit issued under Chapter

24.02 of San José Municipal Code or from a non-permitted municipal project and pursuant to a temporary service agreement of lasting no longer than (1) year; or B. Rock, concrete, asphalt, and dirt, tree remains, and other yard trimmings that result from land clearing or land development operations in preparation for construction.

Construction and Ddemolition Ddebris may include commingled materials or materials that have been Ssource Sseparated.

9.10.086090 Construction and demolition debris collector A. “Construction and Ddemolition Ddebris Ccollector” means any person who engages in the business of collecting, transporting and/or disposing of either of the following, and is in compliance with the requirements of this Chapter and any applicable regulations promulgated by the director:

1.A. Construction and Ddemolition Ddebris.

2.B. Residential clean-out material resulting from the cleaning out of Rresidential Ppremises and collected in roll-off or front-load containers rented for a period of one (1) week or less.

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B. “Construction and Demolition Debris Collector” includes persons who engage in the activities described in subsection A. incidentally to the business of demolition, construction or remodeling.

9.10.087 Construction and demolition debris self-hauler "Construction and demolition debris self-hauler" means any person who:

A. Transports construction and demolition debris that they have generated at a construction or demolition project site using their own vehicles, employees, and equipment; or
B. Transports construction and demolition debris generated at the property at which the person resides or owns using their own vehicles.

9.10.090 Deconstruction
“Deconstruction” means the careful and systematic dismantling of buildings and structures, or portion thereof, in order to salvage materials for diversion.

9.10.092 Demolition
“Demolition” means the destruction, razing, ruining, tearing down, or wrecking—whether in whole or in part, and whether interior or exterior—of any pavement, street, driveway, house, building, or other structure.

9.10.100 Designated collection location
"Designated Ccollection Llocation" means:

A. Any container designated by posted signs, marked or labeled as a container for a specified material type.

B. Any place where an authorized collector has contracted to collect Ssolid Wwaste or material segregated from other waste material, including the curbside of a Rresidential Ppremises or the service alley of a Ccommercial Ppremises.

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C. Any place designated in a contract between the City and an authorized collector from which the authorized collector has contracted to collect uncontainerized material.

9.10.110 Director
"Director" means the Ddirector of Environmental Services or the Ddirector's designee.

9.10.112 Diversion
“Diversion” means the use of material for any other purpose than disposal in a landfill, incineration facility, or alternative daily cover. Methods to divert materials from landfills include reuse, salvage, recycling, and composting.

9.10.115 Diversion rate
“Diversion rate” means the percentage of total material diverted from landfill disposal by a permit holder—through reuse, recycling, composting, or other approved methods divided by the total amount of material generated by the permit holder, multiplied by one hundred (100). Alternative daily cover does not count in the calculation of diversion rate.

9.10.117 Facility
“Facility” means a recycling, composting, materials recovery, construction and demolition debris, or reuse facility.

9.10.120 Garbage
A. "Garbage" means putrescible wastes including kitchen and table food wastes; animal or nonputrescible wastes that are mixed in the same container with or are contaminated by putrescible wastes; infectious wastes, such as used tissues and disposable diapers, which are normally produced at Residential Premises; small dead animals not exceeding ten (10) pounds in weight; and any putrefactive or easily decomposable waste material that is likely to attract flies, vermin, birds or rodents.

B. Garbage does not include materials that are separated and set aside for Recycling or Composting and does not include Hazardous Material.

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C. The determination as to whether material is Garbage shall be made by the director based on a consideration of the purposes of this Chapter.

9.10.130 Generator
"Generator" means any person that generates Ssolid Wwaste, Oorganic Mmaterial, or Rrecyclable Mmaterial.

9.10.140 Handling
"Handling," when used in connection with solid waste, means the keeping, storage, collection, transportation and processing of solid waste.

9.10.150 Hazardous material
A. "Hazardous material" means any material or combination of materials which, because of its quantity, concentration or physical, chemical or infectious characteristics, may either:

1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed.

B. Hazardous material includes hazardous wastes as defined under California or United States law or any regulations promulgated pursuant to such law, as such law or regulations may from time to time be amended.

9.10.151 Illegal dumping
"Illegal dumping" means the willful, intentional or negligent depositing, throwing, dropping, placing or dumping of solid waste or hazardous materials on public or private property that is not expressly designated for the purpose of disposal or dumping of solid or hazardous materials. "Illegal dumping" does not include littering, discarding or dropping small quantities of solid waste ordinarily carried on or about the person, or escaping from trash containers or garbage carts including but not limited to, beverage SAW:RBT:JMD
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containers and closures, packaging, wrappers, wastepaper, newspapers and magazines.

9.10.152 Large event
"Large event" means the temporary or periodic use or occupancy of a public street, publicly owned site or facility, or public park within the city for a civic, commercial, recreational, or social event attended by an average of one thousand or more persons per day of operation of the event.

9.10.153 Large venue
"Large venue" means venue facilities such as, but not limited to, stadiums, museums, concert halls, and parks and attractions located within the city with an average attendance of more than two thousand persons per day of operation of the venue.

9.10.154 High diversion organic waste processing facility "High Ddiversion Oorganic Wwaste Pprocessing Ffacility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mmixed Wwaste organic content Rrecovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Oorganic Mmaterial received from the "Mixed Waste Organic Collection Stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

9.10.16055 Material service classification
"Material service classification " means the material or class of materials (e.g., "rubbish only," "mixed recyclables," "glass only") allowed to be placed or stored in a particular commercial solid waste container or in a debris box used to store residential rubbish, as determined by the franchise granted to the collector of the materials and by the rules and regulations promulgated by the director.

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9.10.161 Medical waste
"Medical Wwaste" means waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code).

9.10.165 Mixed use development
"Mixed used development" means any permanent premises used for both residential and commercial purposes where the residential units do not receive separate or individual solid waste collection service. "Mixed used development" does not include any portion of such premises that is used as a hotel, motel, guesthouse, residential care facility, extended care facility, sorority or fraternity house, school, dormitory, residential service facility, emergency residential shelter, hospital, convent or monastery.

9.10.170 Multifamily dwelling
A. "Multi-Ffamily Ddwelling" means any permanent Ppremises of at least two (2) units used for residential purposes where the units do not receive separate or individual Ssolid Wwaste collection service. By way of illustration, Mmulti-Ffamily Ddwelling includes apartment buildings, attached Ssingle-Ffamily Ddwellings such as townhouses and condominiums, and mobilehome parks, in which the units do not receive separate or individual Ssolid Wwaste collection service.

B. “Multi-Ffamily Ddwelling” does not include any Mmixed Uuse Ddevelopment, hotel, motel, guesthouse, Rresidential Ccare Ffacility serving seven or more persons, extended care facility, sorority or fraternity house, school, dormitory, residential service facility, emergency residential shelter, hospital, convent or monastery.

9.10.175 Organic material
"Organic Mmaterial" means materials originating from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Ppaper Pproducts, Pprinting and Wwriting Ppaper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46).

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9.10.180 Owner
"Owner" means the person holding legal title to any real property located in the city.

9.10.185 Parcel
"Parcel" means a lot or unit of land which is separately assessed for property tax purposes by the Santa Clara County Tax Collector ("tax collector") or if not subject to assessment by the tax collector, a lot or unit of land which may be lawfully sold as a separate parcel in conformity with the provisions of Title 19 of this Code.

9.10.186 Permit holder
“Permit holder” means a person that holds a valid construction or demolition permit issued by the City.

9.10.187 Person
“Person” means an individual, firm, limited liability company, association, partnership, public or private corporation, or any other legal entity.

9.10.190 Premises
"Premises" means any land, building and/or structure or portion thereof in the city.

9.10.191 Processing
"Processing" means the controlled volume reduction, separation, recovery, conversion, composting, or recycling, or City-approved processing method of Ssolid Wwaste, Rrecyclable Mmaterial, or Oorganic Mmaterial, or construction and demolition debris.

9.10.192 Prohibited container contaminants
"Prohibited Ccontainer Ccontaminants" means discarded materials placed in a container that are not identified as acceptable for the container type.

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9.10.200 Recyclable material
"Recyclable material" means materials which are segregated from other waste material for the purpose of recycling and includes, but is not limited to, paper, glass, metals, wood, plastics, yard wastes, bulky goods and waste oil.

9.10.210 Recycling
"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise be disposed of by landfilling or transformation, and returning such materials to the economic mainstream in the form of raw material for new, reused or reconstituted products.

9.10.220 Recycling center
"Recycling center" means a facility or site which accepts segregated or commingled recyclable materials for the purpose of recycling and shall include a facility or site established pursuant to the California Beverage Container Recycling and Litter Reduction Act, California Public Resources Code, Section 14500 et seq. In order to be a recycling center, the facility or site must be in conformance with all applicable federal, state and local laws and regulations including without limitation the applicable provisions of the San José Zoning Code contained in the San José Municipal Code, Title 20, and be in conformance with all permits issued pursuant to said Title 20.

9.10.225 Residential care facility
"Residential Ccare Ffacility" is a facility licensed by the State of California where care, services or treatment is provided to persons living in a community residential setting.

9.10.230 Residential premises
"Residential premises" means single-family dwellings and multifamily dwellings.

9.10.240 Residential solid waste
"Residential solid waste" means solid waste generated at residential premises.

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9.10.241 Residue
“Residue” or “Residual” means those materials that, after processing, are disposed of in the landfill rather than recycled, composted, or otherwise recovered.

9.10.242 Reuse
“Reuse” means the use of an object or material again, either for its original purpose or for a similar purpose, without significantly altering the object or material’s original physical form.

9.10.250 Rubbish
"Rubbish" means all waste shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, earth, rock, used, demolished or discarded building materials, and other waste material not included in the definitions of "Garbage," "Stable Matter" or "Swill" set forth in this Part.

9.10.251 Reserved SB 1383
Editor's note— Ord. No. ___, § 2, adopted November 10, 2026, repealed § 9.10.251, which pertained to Senate Bill 1383 of 2016 and derived from Ord. No. 30684. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

9.10.255 Self-hauler
"Self-Hhauler" means a person, who hauls Ssolid Wwaste, Oorganic Mmaterial or Rrecyclable Mmaterial he or she has generated to another person. Self-Hhauler also SAW:RBT:JMD
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includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982 (a) (66).

9.10.270 Single-family dwelling
"Single-family dwelling" means permanent premises used for or designated as a singlefamily residential dwelling. Single-family dwelling includes each part of a (a) condominium project, (b) duplex, (c) triplex, (d) townhouse project, (e) mobilehome park, or (f) apartment building which has been approved by the director for separate or individual solid waste collection service.

9.10.280 Solid waste
"Solid Wwaste," also referred to in this Chapter as "Mmixed Wwaste," has the same meaning as defined in State California Public Resources Code Section 40191, which defines Ssolid Wwaste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including Ggarbage, trash, refuse, paper, Rrubbish, 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 semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that Ssolid Wwaste does not include any of the following wastes:

A. Hazardous waste, as defined in the State California Public Resources Code Section 40141.

B. Radioactive waste regulated pursuant to the State Radiation Control Law [(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State California Health and Safety Code)].

C. Medical Wwaste regulated pursuant to the State Medical Waste Management Act [(Part 14 (commencing with Section 117600) of Division 104 of the State California Health and Safety Code)]. Untreated Mmedical Wwaste shall not be disposed of in a Ssolid Wwaste landfill, as defined in State California Public Resources Code Section 40195.1. Medical Wwaste that has been treated and deemed to be Ssolid Wwaste shall be regulated pursuant to Division 30 of the State California Public Resources Code.

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9.10.281 Solid waste bin
“Solid waste bin" means a solid waste container providing storage for greater than 96 gallons of solid waste.

9.10.282 Solid waste cart
“Solid waste cart” means a solid waste container providing storage for 96 gallons or less of solid waste.

9.10.290 Solid waste collector
"Solid waste collector" means:

A. Any person authorized to perform residential solid waste collection services in the city pursuant to a collection agreement existing between such person and the cCity; and
B. An authorized recycling collector; and
C. Any person authorized to perform commercial solid waste collection services in the city pursuant to:

1. A collection agreement existing between such person and the cCity; orand

2. A franchise granted in accordance with the provisions of Part 11 of this cChapter.

9.10.295 Solid waste collection service charges
"Solid waste collection service charges" is the sum of the fee for solid waste collection services and the source reduction and recycling fee imposed pursuant to Section

9.10.1120.

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9.10.296 Solid waste container
“Solid waste container” means any container used for the storage or collection of solid waste, including bins, carts, roll-off/debris boxes, compactors, or other privately owned containers where solid waste is accumulated, stored, or collected from.

9.10.300 Solid waste disposal facility
"Solid waste disposal facility" means a facility or site where final disposal of solid waste occurs and such facility or location meets all of the following requirements:

A. The facility or site is designated as a disposal site in the Integrated Waste Management Plan for Santa Clara County; and
B. The facility or site is operating pursuant to a solid waste facilities permit issued pursuant to Chapter 3 of Part 4 of Division 30 of the California Public Resources Code; and
C. The facility or site is in conformance with all applicable state, federal and local laws and regulations including without limitation the applicable provisions of the San José Zoning Code contained in San José Municipal Code, Title 20, and all permits issued pursuant to said Title 20.

9.10.301 Solid waste enclosure
"Solid Wwaste Eenclosure" means a walled structure with a solid cover for the storage of Ssolid Wwaste with a drainage system connected to the sanitary sewer and wash system that are adequate to accommodate anticipated waste generated at the Ppremises.

9.10.302 Solid waste room
"Solid Wwaste Rroom" means an enclosed and ventilated space with a drainage system connected to the sanitary sewer and wash system that are adequate to accommodate anticipated waste generated at the Ppremises.

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9.10.3053 Source separation/source separated
"Source Sseparation" or "Source Sseparated" means the segregation by the Ggenerator of recyclable, organic, or construction and demolition debris materials by type at the point of generation for reuse, recycling, processing, or composting Recyclable or Organic Materials from the other Solid Waste by placing the Recyclable or Organic Materials such materials in separate Solid Waste containers, by binding them materials separately from other waste materials, or by physically separating them materials from other waste materials. Construction and demolition materials that are not source separated are considered commingled.

9.10.304 Source separated facility
“Source separated facility” means a facility that accepts source separated construction and demolition debris for recycling, recovery, reuse, or salvage.

9.10.260 305 Source separated recyclables
A. "Source separated recyclables" means recyclable material that is segregated by the generator, for the purpose ofr recycling, into one of the following categories:
paper, glass, metals, plastics, wood, beverage containers, soil, concrete, swill, cannery waste, and such other categories as may be designated in rules promulgated by the director.

B. Source separated recyclable does not include materials in any of the categories listed in subsection A. that are commingled in a container with any other materials, including materials in another listed category.

C. Except for incidental residue as specified in rules promulgated by the director, "source separated recyclables" does not include materials which are separated for recycling but are disposed of by landfilling.

9.10.310 Stable matter
"Stable matter" means all manure and other waste matter normally accumulated in and about stables or any farm animal, livestock or poultry enclosures resulting from the keeping of farm animals, poultry or livestock.

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9.10.320 Swill
"Swill" means any animal or vegetable waste resulting from the handling, packing, canning, cooking, preparing or processing of food, which:

A. Is fit for consumption by and may lawfully be fed to animals, or which will be made fit by heat or other treatment for consumption by animals and may thereafter be lawfully fed to animals; and
B. Has been segregated from other refuse and kept and accumulated in separate containers by the generator thereof for the purpose of feeding it or having it fed to animals; and
C. Is actually and lawfully fed to animals.

9.10.330 Swill collector
"Swill collector" means any person who collects swill.

9.10.340 Tenant
"Tenant" means any person or persons, other than the owner, occupying or in possession of a premises.

9.10.345 Third-party verifier
“Third-party verifier” means a person, as defined in this Part, that evaluates processing capabilities, facility fitness and verifies diversion rates for mixed construction and demolition debris facilities, and is in compliance with the City’s approval requirements for third-party verifiers, as set forth in Section 9.10.2461 and regulations promulgated by the director.

9.10.350 Transfer/processing station
"Transfer/processing station" means a facility or site where solid wastes are transferred from hauling vehicles to transfer vehicles and the solid waste or a portion thereof may undergo incidental processing, recycling or further handling before transport to a disposal facility or other waste handling facility and includes a facility or site where solid SAW:RBT:JMD
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wastes are subject to processing operations involving reduction, separation, resource recovery or conversion. The transfer/processing station must meet all of the following requirements:

A. The facility or site is designated as a transfer station or waste processing facility in the Integrated Waste Management Plan for Santa Clara County; and B. The facility or site is operating pursuant to a solid waste facilities permit issued pursuant to Chapter 3 of Part 4 of Division 30 of the California Public Resources Code; and
C. The facility or site is in conformance with all applicable federal, state and local laws and regulations including without limitation the applicable provisions of the San José Zoning Code contained in San José Municipal Code, Title 20, and all permits issued pursuant to said Title 20.

9.10.360 Transformation
"Transformation" means incineration, pyrolysis, distillation, gasification, anaerobic digestion, or biological conversion other than Ccomposting. Transformation does not include Ccomposting.

9.10.365 Waste management plan
“Waste management plan” means a completed waste management plan form that is approved by the City for the purposes of compliance with this Chapter, submitted by the building permit applicant for any permitted project.

9.10.370 Waste oil
"Waste oil" means oil of a type approved by the director for collection in the cCity's waste oil collection component of the integrated waste management services provided to residential premises, including oil that has been refined from crude oil, or has been synthetically produced, and is either (1) no longer useful because of extended storage, spillage or contamination with nonhazardous impurities such as dirt or water, or (2) has been used and as a result of such use has been contaminated with physical or chemical impurities. Waste oil does not include transmission fluid.

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9.10.380 Yard waste
"Yard Wwaste" means grass, weeds, leaves, tree trimmings, plants, shrubbery prunings, and such other similar materials which are generated in the maintenance of yards, gardens or commercial landscaping in the Ccity and which are separated from other Ssolid Wwaste materials and placed in a Ddesignated Ccollection Llocation.

SECTION 3. Sections 9.10.430, 9.10.520, 9.10.565, and 9.10.570 of Part 3 of Chapter

9.10 of Title 9 of the San José Municipal Code are amended to read as follows:

Part 3

GENERAL REGULATIONS

9.10.430 General requirements for garbage solid waste and solid waste containers storage requirements
A. All garbageNo person shall use a solid waste containers used in the city shall be unless the container is nonabsorbent, watertight, vector-resistant, durable, easily cleanable, and designed for safe handling. In any case where the provisions of this cChapter permit the storage of solid wastegarbage in plastic bags, the bags shall have sufficient strength to hold the garbage solid waste and shall be designed for the containment of solid waste.

B. Except when the containers are set out for collection, the garbagesolid waste generator shall keep and maintain all garbage solid waste containers within the side or rear yard of the premises where the garbage solid waste is generated.

C. No person shall place any solid waste garbage container in any place or in any manner such that the container impedes normal vehicular traffic, public transportation or pedestrian or wheelchair access to public rights-of-way.

D. No person shall keep a solid waste container lid open Eexcept when garbage or other solid waste is being placed into or removed from the container., tThe garbage solid waste generator shall keep each and every garbage solid waste container sealed with a tight-fitting cover, a sealed compactor door, or wire twisttie so as to prevent the escape or leakage from the container of any garbage or other solid waste or of any offensive vapors, gases or odors.

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E. The garbage generator shall notNo person shall cause nor permit any garbage solid waste to be stored outside of the container or allow the container to be filled in any manner which causes solid waste to overflow from the container.

F. The garbage solid waste generator shall at all times keep the garbage solid waste container clean and sanitary, shall treat the garbage solid waste container in such manner and to such extent and with such substance as may be necessary to repel and keep away flies and rodents, and shall keep the garbage solid waste container odor proof.

G. The garbage generator shall not No person shall cause nor permit garbage solid waste to be so compacted or otherwise placed, kept or accumulated in any garbage solid waste container in a manner which does not allow the contents of the garbage solid waste container to fall out, by their own weight, upon the container being lifted and turned upside down.

H. No person shall place solid waste on any property nor in any solid waste container unless authorization to dispose of solid waste has been granted by the solid waste account holder or property owner.

I. No person shall utilize a solid waste container nor solid waste service provided by an authorized solid waste collector except for its intended purpose.

J. The director has final authority to determine the appropriate solid waste services provided to any premises and generator and to determine the most appropriate location for setting out solid waste or solid waste containers.

9.10.520 Weekly Removal of Solid Waste
A. No person shall keep any Ssolid Wwaste nor allow any Ssolid Wwaste to remain upon any Ppremises within the Ccity for more than seven (7) days. At least once a week all Ssolid Wwaste generated within or on any Ppremises in the Ccity shall be removed from the Ppremises and disposed of in accordance with the provisions of this Chapter.

B. The requirement of subsection A. for weekly removal and disposal or Pprocessing of Ssolid Wwaste shall not apply under qualifying extenuating circumstances specified in the collector's agreement with the City or under the following circumstances:

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1. Where the Ssolid Wwaste Ccollector normally providing collection services at the Ppremises is unable to perform collection services due to strikes;

2. Where severe weather conditions or "acts of God" make it impossible for the Ssolid Wwaste Ccollector normally providing collection services at the Ppremises to perform collection services using normal collection equipment; or

3. Official holidays interrupt the normal seven (7)-day collection cycle, in which case collections may be postponed to the next working day of the Ssolid Wwaste Ccollector.

C. The requirement for weekly removal of Ssolid Wwaste applies to all material types under the City's collection program, including Rrecyclable Mmaterials, Oorganic Mmaterials, Ggarbage and other Ssolid Wwaste.

9.10.565 Self-hauler requirements
A. Every Sself-Hhauler, as defined in Part 2 of this Chapter, shall Ssource Sseparate their Rrecyclable Mmaterials and Oorganic Mmaterials (materials that City otherwise requires Ggenerators to separate for collection in the City's Rrecyclable Mmaterials and Oorganic Mmaterials collection program) generated on-site from Ssolid Wwaste in a manner consistent with 14 CCR Section 18984.1 or 18984.2 as applicable, and the City's collection program. Self-Hhaulers shall deliver their materials to the facilities described in this Ssection. Alternatively, if approved by the Ddirector in writing, Sself-Hhaulers may choose not to sSource Sseparate Oorganic Mmaterials and shall haul its mixed Ssolid Wwaste (that includes Oorganic Mmaterial) to a Hhigh Ddiversion Oorganic Wwaste Pprocessing Ffacility that is approved by the City.

B. Self-Hhaulers that Ssource Sseparate their Rrecyclable Mmaterials and Oorganic Mmaterials shall haul their Ssource Sseparated Rrecyclable Mmaterials to a facility that recovers those materials; haul their Ssource Sseparated Oorganic Mmaterial to a facility, operation, activity, or property that processes or recovers Ssource Sseparated Oorganic Mmaterial; and, haul their Ssolid Wwaste to a disposal facility or transfer facility or operation that processes or disposes of Ssolid Wwaste; and, transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).

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C. Self-Hhaulers that are Oowners or responsible parties of commercial businesses or multi-family Premises shall keep records of the amount of Rrecyclable Mmaterials, Oorganic Mmaterial, and Ssolid Wwaste delivered to each facility, operation, activity, or property that processes or recovers Rrecyclable Mmaterials and Oorganic Mmaterial and processes or disposes of Ssolid Wwaste or shall keep records of Ssolid Wwaste delivered to Hhigh Ddiversion Oorganic Wwaste Pprocessing Ffacilities. These records shall be subject to inspection by the City or its designee. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the Rrecyclable Mmaterials, Oorganic Mmaterials, and Ssolid Wwaste.

2. The amount of material in cubic yards or tons transported by the Ggenerator or responsible party to each entity.

3. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Sself-Hhauler's vehicle in a manner that allows it to determine the weight of materials received, the Sself-Hhauler is not required to record the weight of material but shall keep a record of the entities that received the Rrecyclable Mmaterials, Oorganic Mmaterials, and Ssolid Wwaste.

D. Self-Hhaulers shall retain all records and data required to be maintained by this Section for no less than five (5) years after the Rrecyclable Mmaterials, Oorganic Mmaterials, and/or Ssolid Wwaste was first delivered to the facility accepting the material.

E. Self-Hhaulers that are commercial businesses or multi-family Premises shall provide copies of records required by this Section to the City if requested by the Ddirector or their designee and shall provide the records at the frequency requested by the Ddirector.

F. A single-family Ggenerator or single-family responsible party that self-hauls Rrecyclable Mmaterials, Oorganic Mmaterial, or Ssolid Wwaste is not required to record or report the information required under in subsections C and D.

G. Pursuant to 14 CCR Section 18815.9, food waste Sself-Hhaulers are required to maintain records and report to CalRecycle information on the tons of food waste self-hauled and the facilities to which it was delivered or each use of such material. Upon request of the Ddirector, food waste Sself-Hhaulers shall provide to the City copies of all reports they are required to submitreport to CalRecycle at a frequency specified by the Ddirector.

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H. Construction and demolition debris self-haulers shall be regulated in accordance with Part 15 of this Chapter.

9.10.570 Doing business without authorization prohibited - Liability No person shall engage in any business or activity for which any authorization is required by the provisions of this cChapter without first securing such authorization. Any person who engages in such business or activity without the required authorization shall nevertheless pay to the Ccity, and be liable to the cCity for, the amount of any tax, fee or other charge required to be paid by other provisions of this cChapter for the privilege of engaging in such business or activity.

SECTION 4. Sections 9.10.1050, 9.10.1060, and 9.10.1100 of Part 7 of Chapter 9.10 of Title 9 of the San José Municipal Code are amended to read as follows:

Part 7

RESIDENTIAL SOLID WASTE REGULATIONS

9.10.1050 Garbage containers permitted
A. No owner of a single-family dwelling and no generator of any solid waste generated at such premises shall set out garbage for collection except in a container meeting one of the following descriptions:

1. A wheeled garbage disposal cart provided by the cCity or by the cCity's authorized residential solid waste collector, which together with its contents does not exceed the following weight limits:
a. Eighty pounds for a cart with a capacity of twenty gallons; b. One hundred pounds for a cart with a capacity of thirty-two gallons; c. One hundred seventy-five pounds for a cart with a capacity of sixtyfour gallons; or SAW:RBT:JMD
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d. Two hundred fifty pounds for a cart with a capacity of ninety-six gallons.

2. A plastic garbage disposal bag approved by the cCity or by the cCity's authorized residential solid waste collector that is securely tied so its contents do not fall out, which together with its contents does not exceed a weight of sixty (60) pounds nor exceed the capacity of 32 gallons and is affixed with an extra garbage sticker required for collection.

B. No owner of a multifamily dwelling and no generator of any solid waste generated at such premises shall set out garbage for collection except in a container meeting one of the following descriptions:

1. A wheeled garbage disposal cart provided by the cCity or by the cCity's authorized residential solid waste collector, whose contents do not exceed a weight of one hundred pounds for each thirty-two gallons of capacity.

2. A garbage disposal bin provided by the cCity or by the cCity's authorized residential solid waste collector.

3. A garbage disposal bin provided by the multifamily dwelling owner or management which meets specifications approved by the director.

9.10.1060 Recyclables and organic materials containers permitted A. Except as provided in Section 9.10.1080, no Oowner of a Ssingle-Ffamily Ddwelling and no Ggenerator of any Ssolid Wwaste generated at such Ppremises shall set out Rrecyclable Mmaterial for collection by the City's authorized Rresidential Ssolid Wwaste Ccollector except in a container meeting one (1) of the following descriptions:

1. A wheeled recyclables disposal cart provided by the City or by the City's authorized Rresidential Ssolid Wwaste Ccollector, which together with its contents does not exceed the following weight limits:
a. Eighty (80) pounds for a cart with a capacity of twenty (20) gallons; b. One hundred (100) pounds for a cart with a capacity of thirty-two (32) gallons;
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c. One hundred seventy-five (175) pounds for a cart with a capacity of sixty-four (64) gallons; or
d. Two hundred fifty (250) pounds for a cart with a capacity of ninetysix (96) gallons.

2. A clean, brown Kraft paper bag which the Owner or producer has marked for Recycling, and which together with its contents does not exceed a weight of sixty pounds.

3. A Garbage can which meets the following requirements:
a. The can must be constructed of metal, plastic or other substantial nonabsorbent material.
b. The can must be of sufficient strength and rigidity to hold without collapse all Recyclable Material deposited and kept therein and must be of sufficient strength and rigidity to prevent the can from being broken or crushed under ordinary conditions of use. c. The can must have a close-fitting cover.
d. The can must be equipped with two attached handles or bales, one on each side of the container, of sufficient strength and size and so located to facilitate the lifting and Handling of the container. e. The can must be leakproof.
f. The can must be free of sharp, rough or jagged surfaces or edges likely to cause injury to persons lifting or Handling the container. g. The can must be of such shape that it can be lifted and handled without unreasonable strain by one person.
h. The can must not exceed thirty-two (32) gallons in capacity. i. The can together with its contents must not exceed sixty (60) pounds in weight.

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42. A Wwaste Ooil container or Wwaste Ooil filter bag described in Section

9.10.1070.

53. For Oorganic Mmaterials, any of the following:
a. A Yard Waste tarp provided by the City or the City's authorized Yard Waste collector.
b. A a wheeled Yyard Wwaste cart or Ssource Sseparated Oorganic Mmaterials cart provided by the City or the City's Aauthorized Oorganic Mmaterial Ccollector, which together with its contents meets the weight limitations for recyclables carts set out in subsection A paragraph 1. above.
c. A Garbage can which meets the requirements set out in paragraph 3. above.

B. Except as provided in Section 9.10.1080, no Oowner of a Mmulti-Ffamily Ddwelling and no Ggenerator of any Ssolid Wwaste generated at such Ppremises shall set out Rrecyclable Mmaterial for collection by the City's authorized Rresidential Ssolid Wwaste Ccollector except in a container meeting one of the following descriptions:

1. A wheeled recyclables collection cart provided by the City or by the City's authorized Rresidential Ssolid Wwaste Ccollector.

2. A clean, brown Kraft paper bag or corrugated cardboard box which the Owner or producer has marked for Recycling, and which together with its contents does not exceed a weight of sixty (60) pounds.

32. A recyclables collection bin provided by the City or by the City's authorized Rresidential Ssolid Wwaste Ccollector.

4. A three (3)-cubic-yard or four-cubic-yard mesh container provided by the City or by the City's authorized Residential Solid Waste Collector. The mesh container shall be used only for setouts of corrugated cardboard.

5. A Waste Oil container or Waste Oil filter container described in Section

9.10.1070.

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63. A Yyard Wwaste container, or Ssource Sseparated Oorganic Mmaterials cart provided by the City or by the City's Aauthorized Oorganic Mmaterial Ccollector.

C. Notwithstanding this Section, all containers shall comply with the color and labeling standards and replacement timeline set forth in 14 CCR, Division 7, Chapter 12, Article 3. Uncontainerized collection standards shall be in accordance with the requirements of 14 CCR, Division 7, Chapter 12, Article 3.

The Ddirector retains the right to require Ggenerators to use specified container types or collection methods at any time, including, but not limited to, standardized containers provided by the City's authorized collectors.

9.10.1100 Placement of solid waste requirements
A. No person shall keep any Garbage container, nor permit any Garbage container to remain, in the street or upon the public parkway except during the period from noon on the day preceding the scheduled collection day to noon on the day immediately following collection.

1. For Single-Family Dwellings and for Multi-Family Dwellings receiving wheeled Garbage disposal cart collection service, during the period beginning the day preceding the scheduled collection day and ending the day immediately following the scheduled collection day.

2. For Multi-Family Dwellings receiving Garbage disposal bin collection service, during the period from noon on the day preceding the scheduled collection day to 11:59 p.m. on the scheduled collection day.

B. No person shall keep any recyclables container, nor permit any recyclables container to remain, in the street or upon the public parkway except:

1. For Single-Family Dwellings and for Multi-Family Dwellings receiving wheeled recyclables disposal cart collection service, during the period beginning the day preceding the scheduled collection day and ending the day immediately following the scheduled collection day.

2. For Multi-Family Dwellings receiving recyclables bin collection service, during the period from noon on the day preceding the scheduled collection day to 11:59 p.m. on the scheduled collection day.

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A. No person shall keep nor permit any solid waste cart to remain in the street, upon the public right-of-way, furnishing zone, or parkstrip as defined in Section

11.04.110, except during the period from noon on the day preceding the scheduled collection day to noon the day immediately following the scheduled collection day.

B. No person shall keep nor permit any solid waste bin to remain in the street, upon the public right-of-way, furnishing zone, or parkstrip as defined in Section

11.04.110, except during the period from noon on the day preceding the scheduled collection day to 11:59 p.m. on the scheduled collection day.

C. No person shall place keep nor permit any extra garbage bags greater than or equal to thirty-two (32) gallons (with an attached City-provided extra garbage sticker), uncontainerized corrugated cardboard, program-compliant recyclables or waste oil containers or oil filter containers nor permit any uncontainerized corrugated cardboard to remain, in the street, public parkwayright-of-way, furnishing zone, or parkstrip, as defined in Section 11.04.110, except during the period beginning noon the day preceding the scheduled collection day and ending on the day immediately following the scheduled day of collection. day.

D. No person shall keep nor permit any uncontainerized Yyard Wwaste or bulky items , nor permit any uncontainerized Yard Waste to remain , in the street, public right-of-way, furnishing zone, or parkstrip, as defined in Section 11.04.110, or upon the public parkway except during the period beginning the day preceding the scheduled collection day and ending the day immediately following on the scheduled collection day.

E. No person shall keep any Bulky Goods, nor permit any Bulky Goods to remain, in the street or upon the public parkway except during the period beginning the day preceding the scheduled collection day and ending the day immediately following the scheduled collection day.

F. No person shall keep any Yard Waste tarp or container, nor permit any Yard Waste tarp or container to remain, in the street or upon the public parkway except during the period beginning the day preceding the scheduled collection day and ending the day immediately following the scheduled collection day.

G. No person shall keep any Waste Oil container, nor permit any Waste Oil container to remain, in the street or upon the public parkway except during the period beginning the day preceding the scheduled collection day and ending the day immediately following the scheduled collection day.

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HE. The Owner of a Single-Family Dwelling or the Generator of Solid Waste at such Premises No person shall set out all Ssolid Wwaste and Ssolid Wwaste containers only except in the portion of the street or on the portion of the public parkway right-of-way, as applicable, that is in front of the Ssingle-Ffamily Ddwelling where the Ssolid Wwaste was generated, except:

1. If the Ssingle-Ffamily Ddwelling is on a corner lot, the set-out may be in the portion of the street or the portion of the public parkwayright-of-way, as applicable, that is along the side of the Ssingle-Ffamily Ddwelling property.

2. If the Ssingle-Ffamily Ddwelling receives, or is required to have, onPpremises collection service, the Oowner or Ggenerator shall place the containers in an accessible location that is not more than one hundred (100) yards from the curb or the edge of the street in front of the property.

IF. All Ssolid Wwaste containers at Mmulti-Ffamily Ddwellings shall be set out for collection either in a location that is readily accessible by the collection vehicles or in a location that is at-grade with the collection vehicle access.

JG. In any case where a Ssingle-Ffamily Ddwelling is located on a private street that does not permit access for the Ssolid Wwaste collection vehicles, the Oowner of the Ssingle-Ffamily Ddwelling, or their property manager, homeowner association, or conservator, shall subscribe to and pay for on-Ppremises collection service.

KH. In the event the Ddirector determines that Garbage or recyclables solid waste containers have been left in the street, public right-of-way, furnishing zone, or parkstrip, as defined in Section 11.04.110, or upon the public parkway in violation of subsections paragraph A.2. or B.2. above, in such a manner as to hinder parking or traffic flow or in such a manner as to pose a threat to public health or safety, the Ddirector may require the Oowner of the Mmulti-Ffamily Ddwelling where such violation occurs to subscribe to and pay for "bin container push services" (where the Ssolid Wwaste Ccollector moves the binscontainers to the street for collection and moves them back onto the Ppremises after collection) for Ggarbage collection, recyclables collection or both.

LI. Except when the containers are set out for collection, the Solid Waste Generator no person shall keep and maintain all Ssolid Wwaste containers in any area except within the side or rear yard of the Ppremises where the Ssolid Wwaste is generated.

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SECTION 5. Section 9.10.1436 of Part 9 of Chapter 9.10 of Title 9 of the San José Municipal Code is amended to read as follows:

Part 9

COMMERCIAL SOLID WASTE REGULATIONS

9.10.1436 Other requirements for commercial businesses
A. Owners of commercial businesses shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Section 9.10.1436 B below) for employees, contractors, Ttenants, and customers, consistent with City's Rrecyclable Mmaterials container, Oorganic Mmaterials container, and Ssolid Wwaste container collection service or, if self-hauling, consistent with the Ccommercial Ppremises' approach to complying with Sself-Hhauler requirements.

B. Owners of commercial businesses shall provide containers for the collection of Ssource Sseparated Rrecyclable Mmaterials and Ssource Sseparated Oorganic Mmaterials in all indoor and outdoor areas where Ssolid Wwaste containers are provide for customers, for materials generated by that commercial business.

Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the commercial business does not have to provide that particular container in all areas where Ssolid Wwaste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the commercial business shall have one (1) or both of the following:

1. A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. The commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

C. To the extent practical through education, training, Inspection, and/or other measures, the Oowner of the commercial business shall prohibit employees from placing materials in a container not designated for those materials per the City's Rrecyclable Mmaterials, Oorganic Mmaterials, and Ssolid Wwaste collection service or, if self-hauling, per the instructions of the commercial business' responsible party to support its compliance with requirements of this Chapter.

D. The Oowner of the commercial business shall periodically inspect Rrecyclable Mmaterials containers, Oorganic Mmaterials containers, and Ssolid Wwaste containers for Pprohibited Ccontainer Ccontaminants and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

E. The Oowner of the commercial business shall annually provide information to employees, contractors, Ttenants, and customers about Rrecyclable Mmaterials and Oorganic Mmaterial recovery requirements and about proper sorting of Rrecyclable Mmaterials, Oorganic Mmaterials, and Ssolid Wwaste.

F. The Oowner of the commercial business shall provide education information before or within fourteen (14) days of occupation of the Ppremises to new Ttenants that describes requirements to Ssource Sseparate Rrecyclable Mmaterials, Oorganic Mmaterials, and Ssolid Wwaste in accordance with the City's collection programs and the location of containers and the rules governing their use at each property.

G. The Oowner of the commercial business shall provide or arrange access for the Ddirector or their designee to their properties during all inspections conducted in accordance with this Chapter to confirm compliance with the requirements of this Chapter.

H. If the Oowner of a commercial business wishes to self-haul materials, the Oowner of the commercial business shall meet the self-haul requirements of this Chapter.

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SECTION 6. Section 9.10.1440 of Part 9 of Chapter 9.10 of Title 9 of the San José Municipal Code is repealed.

9.10.1440 Exception for small businesses
A. The provisions of this part shall not apply to commercial premises which generate less than one cubic yard of solid waste per week and which are approved by the director for inclusion in the city's residential solid waste collection program.

B. The regulations set forth in Part 7 of this chapter shall apply to the commercial premises described in subsection A. of this section except:

1. No owner of such commercial premises and no generator of any solid waste at such premises shall set out any waste oil at such premises.

2. No owner of such commercial premises and no generator of any solid waste at such premises shall set out any uncontainerized recyclables except corrugated cardboard which is set out for collection in the manner described in Section 9.10.1080 C.

SECTION 7. Effective January 1, 2028, Part 13 of Chapter 9.10 of Title 9 of the San José Municipal Code is amended to read as follows:

Part 13
Single-Use Carry-out Bags

9.10.2010 Definitions
The definitions set forth in this sSection shall govern the application and interpretation of this Part 13.

A. "Carry-out bag" means a bag provided by a retail establishment to a customer at the check stand, cash register, point of sale or other point of departure for the SAW:RBT:JMD
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purpose of transporting food or merchandise out of the establishment. A "Carryout bag" does not include any of the following:

1. A bag without handles used to transport produce, prepared food, bulk food or meat from a produce, deli, bulk food or meat department within a retail establishment to the point of sale;

2. A bag used to hold prescription medication dispensed from a pharmacy;

3. A bag without handles used to protect a purchased item from damaging or contaminating other items when placed in a recycled paper bag;

4. A bag without handles that is designed to be placed over articles of clothing on a hanger, such as a garment bag used in dry cleaning or laundry services; or

5. A pre-checkout bag, as defined in California Public Resources Code Section 42281.2(b).

AB. "Customer" means any person obtaining goods from a retail establishment.

BC. "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent of its revenues from the handling and sale of those donated goods or materials. “Nonprofit charitable reuser” does not include a “store,” as defined in California Public Resources Code Ssection 42280.

CD. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized.

DE. "Prepared food" means food or beverage which is prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. "Prepared food" does not include any produce, bulk food or meat from a produce, bulk food or meat department within a retail establishment.

EF. "Public eating establishment" means a:

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1. Restaurant, take-out food establishment, or any other business, that receives ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises; or

2. Department, unit or section located within and operated by a retail establishment that generates ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises, and the department, unit or section does not engage in the sale of perishable or nonperishable goods from another department, unit or section within the same retail establishment.

3. “Public eating establishment” does not include an entity that could be categorized under (F)(1) or (F)(2) of this Section if it is considered a “store,” as defined in California Public Resources Code section 42280.

FG. "Recycled paper bag" means a paper carry-out bag provided by a retail establishment to a customer at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment that meets all of the following requirements:

1. cContains no old growth fiber and a minimum of forty fifty percent postconsumer recycled materialscontent;

2. iIs accepted for recycling in curbside programs in a majority of households that have access to curbside recycling programs in the state; and

3. one hundred percent recyclable; and hHas printed in a highly visible manner on the outside of the bag the words "reusable" and "recyclable," the name and location of the manufacturer, the country where the bag was manufactured, and the percentage of post-consumer recycled materials.content.

GH. "Retail establishment" means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer; and is located within or doing business within the geographical limits of the City of San José. "Retail establishment" does not include public eating establishments or nonprofit charitable reusers, nor does it include a “store,” as defined in California Public Resources Code Section 42280.

H. "Reusable bag" means either a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least two SAW:RBT:JMD
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and one-quarter mil thick and is specifically designed and manufactured for multiple reuse.

I. "Single-use carry-out bag" means a bag other than a reusable bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. "Singleuse carry-out bags" do not include bags without handles provided to the customer: (1) to transport produce, prepared food, bulk food or meat from a produce, deli, bulk food or meat department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag.

9.10.2020 Single-use cCarry-out bag requirements
A. No retail establishment shall provide a single-use carry-out bag other than a recycled paper bag to a customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. except as provided in this section.

B. On or before December 31, 2013, aA retail establishment that provides a recycled paper bag may make available for sale to a customer a recycled paper bag forshall charge the customer a minimum charge of ten cents per bag.

C. A retail establishment shall not require a customer to use, purchase, or accept a recycled paper bag as a condition of sale of any product.

CD.. Notwithstanding this section, nNo retail establishment may make available for salepurchase a recycled paper bag unless the amount of the sale of the recycled paper bag is separately itemized on the sales receipt.

E. All monies collected pursuant to this Section shall be retained by the retail establishment and may be used only for the following purposes:

1. Costs associated with complying with the requirements of this Part;

2. Actual costs of providing recycled paper bags;

3. Costs associated with a retail establishment’s educational materials or educational campaign encouraging the use of reusable grocery bags.

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DF. A retail establishment that makes recycled paper bags available for the purchase at the point of sale shall provide one or more recycled paper bags at no cost at the point of sale to a customer using a payment card or voucher issued by the California Special Supplemental Nutrition Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or an electronic benefit transfer card issued pursuant to Section 10072 of the Welfare and Institutions Code. may provide a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; and a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with one or more recycled paper bags at no cost through December 31, 2013

9.10.2030 Recordkeeping and inspection
Every retail establishment and “store,” as defined in California Public Resources Code section 42280, shall keep complete and accurate records or documents of the purchase and sale of any recycled paper bag by the retail establishment or “store” for a minimum period of three years from the date of purchase and sale, which records shall be available for inspection at no cost to the cCity during regular business hours by any cCity employee authorized to enforce this pPart. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the address of the retail establishment address or “store.,” The provision of false information, including incomplete records or documents to the cCity shall be a violation of this sSection.

9.10.2040 Enforcement
A. Any person who violates this Part shall be subject to enforcement under Part 16 of this Chapter, including, but not limited to, fines, as set forth in the administrative citation schedule of fines established by resolution of the City Council.

B. Pursuant to California Public Resources Code Section 42285, the City may impose civil liability on a person subject to Chapter 5.3 of Part 3 of Division 30 of the California Public Resources Code for violations of Chapter 5.3 for the amounts stated in Section 42285.

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SECTION 8. The title of Part 15 of Chapter 9.10 of Title 9 of the San José Municipal Code is amended to read as follows:

Part 15
Construction and Demolition Diversion Deposit Program
SECTION 9. Sections 9.10.2400 and 9.10.2410 of Part 15 of Chapter 9.10 of Title 9 of the San José Municipal Code are amended to read as follows:

9.10.2400 Establishment
There is hereby established the construction and demolition diversion deposit program.

9.10.2410 Diversion deposit and clearance document required A. Except as otherwise specified in this part, on or after March 1, 2001, each person who applies for a building permit pursuant to Chapter 24.02 of this Code shall apply for a construction and demolition debris clearance document to be issued by the director. On or after March 1, 2001, no building permit shall be issued unless the applicant submits the clearance document issued by the director.

B. Except as otherwise specified in this part, on or after July 1, 2001, each person who applies for a building permit pursuant to Chapter 24.02 of this Code shall remit a diversion deposit in the amount set forth by resolution of the cCity cCouncil. The diversion deposit shall be remitted at the same time the permit application is filed.

C. Except as otherwise specified in this pPart, on or after January 1, 2011, each person who applies for a building permit pursuant to Chapter 24.02 of this Code shall remit fees in the amount set forth by resolution of the cCity cCouncil for the review and certification of documentation for compliance with the construction, demolition, excavated soil, and land clearing debris diversion mandatory requirements of this cChapter and/or of state law.

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SECTION 10. Section 9.10.2420 of Part 15 of Chapter 9.10 of Title 9 of the San José Municipal Code is repealed.

9.10.2420 Special exception for roofing projects
A. No diversion deposit shall be required for any roofing project until January 1, 2002. On or after January 1, 2002, each person who applies for a building permit for a roofing project shall remit a diversion deposit in the amount set forth by resolution of the city council.

B. The director of environmental services may extend the date of the roofing project exception specified in subsection A. if the director finds such extension is necessary due to administrative constraints. The director shall make any such extension in writing and shall state the reasons for the extension.

SECTION 11. Effective January 1, 2027, Section 9.10.2430 of Part 15 of Chapter 9.10 of Title 9 of the San José Municipal Code is amended to read as follows:

9.10.2430 Diversion deposit exemptions
Neither a construction and demolition debris clearance document nor a diversion deposit shall be required for any of the following:

A. Work for which a building permit is not required under Section 24.02.120.

B. New residential construction projects of less than one hundred fifteen thousand dollars in value.

C. New nonresidential construction projects of less than one hundred thirty-five thousand dollars in value.

DB. Residential additions or alterations that do not increase the structure’s conditioned floor area, volume, or sizeof less than two thousand dollars in value.

EC. Nonresidential additions or alterations of less than five one thousand (1,000) square feetdollars in value.

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FD. Roofing projects.

GE. Work for which only a plumbing, permit, only an electrical, or only a mechanical permit is required.

HF. Seismic tie-down projects.

IG. The iInstallation or replacement of shelves.

JH. Installation of pre-fabricated patio enclosures and covers or other structures where no foundation or other structural building modifications are required.

KI. Installation of swimming pools and spas, provided that the exemption shall apply only to (i) the area to be excavated for the installation of the pool or spa and (ii) the area for the pad for the pool/spa equipment that does not exceed sixteen (16) square feet., and This exemption shall not apply to any related construction or alterations necessary for any other equipment or accessories, nor to any other portion of the project.

LJ. Installation of pre-fabricated accessories such as signs or antennas where no structural building modifications are required.

K. Immediate or emergency demolition required to protect public health or safety, including fire-damaged structures.

A diversion deposit shall not be required for construction that is subject to the mandatory provisions of the State of California Green Building Standards Code for construction waste, excavated soil, and land clearing debris diversion.

SECTION 12. Effective January 1, 2027, Section 9.10.2440 of Part 15 of Chapter 9.10 of Title 9 of the San José Municipal Code is amended to read as follows:

9.10.2440 Refund of diversion deposit
A. The director may authorize the refund of any diversion deposit which was erroneously paid or collected.

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B. The director may authorize the refund of any diversion deposit when the building permit application is withdrawn or cancelled before any work has begun.

C. The director may authorize the refund of a diversion deposit for new construction when at least fifty (50) sixty-five percent (65%) of the waste generated by the project was diverted from landfill disposal.

D. The director may authorize the refund of a diversion deposit for demolition and deconstruction diversion when at least fifty percent (50%) of the waste generated by the project was diverted from landfill disposal.

DE. The director may authorize a partial refund of a diversion deposit when less than the required percentage of the total fifty (50) percent by weight of the waste generated by the project was diverted from landfill disposal provided all other requirements of this Part have been satisfied. The partial refund shall not exceed that portion of the diversion deposit that is in the same ratio as the demonstrated amount of diverted waste required relative to bears to fifty (50) percent by weight of the total waste generated.

E.F. The director shall may not authorize the refund of any diversion deposit, or any portion thereof, unless the original building permit applicant files a written request for conditions for refund are met and a final waste management plan is submitted no later than three hundred sixty-five (365) calendar days twelve (12) months after the building permit is no longer active for any reason (including because the project has been completed, the permit has been withdrawn, or the permit has been revoked), and the applicant provides documentation satisfactory to the director in support of the final project status or compliance with applicable requirementsrequest.

G. 5. The director may not authorize the refund of any diversion deposit, or any portion thereof, if noncompliance with any requirement of this Part is determined, except as provided in subsection E above.

SECTION 13. Section 9.10.2450 of Part 15 of Chapter 9.10 of Title 9 of the San José Municipal Code is amended to read as follows:

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9.10.2450 Diversion of waste
A. For the purposes of this part, "diverted" or "diversion" means a reduction of the amount of waste being disposed in landfills by any of the following methods:

1. Use of new construction methods, as described in regulations promulgated by the director, that reduce the amount of waste generated.

2. On-site re-use of the waste.

3. Delivery of the waste from the site to a certified recycling facility described in Section 9.10.2460.

4. Other methods as approved in regulations promulgated by the director.

BA. All of the waste diversion methods which may qualify for a refund of a diversion deposit are subject to restrictions and documentation requirements as set forth in regulations promulgated by the director.

B. Diversion requirements, including qualifying methods, minimum diversion, and applicable standards, shall be determined by the director and as set forth in this Part.

SECTION 14. A new section 9.10.2451 is added to Chapter 9.10 of Title 9 of the San José Municipal Code, to be numbered, entitled and read as follows:

9.10.2451 Deconstruction, salvage, and recovery
Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase of a permitted project shall be counted towards the diversion requirements of this Part. Documentation shall be required to verify compliance.

SECTION 15. Effective January 1, 2027, a new section 9.10.2452 is added to Chapter

9.10 of Title 9 of the San José Municipal Code, to be numbered, entitled and read as follows:

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9.10.2452 Prohibition of direct disposal
All commingled construction and demolition debris shall be delivered to a City-certified recycling facility for processing in accordance with the requirements of this Part.

Disposal of commingled construction and demolition debris directly to landfill is prohibited. This Section is not intended to preclude or inhibit source separation or transport of source separated materials to appropriate facilities, or the transport of processed residual to landfill for final disposal.

SECTION 16. Section 9.10.2460 of Part 15 of Chapter 9.10 of Title 9 of the San José Municipal Code is amended to read as follows:

9.10.2460 Delivery to City-Ccertified recycling facilities A. All commingled construction and demolition debris, whether transported by a construction and demolition debris collector or construction and demolition debris self-hauler, shall be delivered to a City-certified recycling facility for recycling and recovery. Exclusions include material that is separated for reuse and/or salvage, which shall be delivered to a source separated facilityFor the purposes of this part, a certified recycling facility means a recycling, composting, materials recovery or re-use facility for which the director has issued a certification pursuant to regulations promulgated by the director.

B. No person or entity shall deliver commingled construction and demolition debris collected within the Ccity to any facility that does not hold a valid certification.

The director shall issue a certification only if the owner or operator of the facility submits documentation satisfactory to the director:

1. That the facility has obtained all applicable federal, state, and local permits, and is in full compliance with all applicable regulations; and

2. That the facility is certified by a third-party verifier. Certification shall not be required for a source separated facilityThe percentage of incoming waste from construction, demolition, and alteration activities that is diverted from landfill disposal meets the required minimum percentage set forth in regulations promulgated by the director.

C. The cCity shall make available to each building permit applicant paying a diversion deposit a current list of City-certified recycling facilities available to SAW:RBT:JMD
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each building permit applicant who pays a diversion deposit and to all other interested persons.

SECTION 17. New sections 9.10.2461 and 9.10.2462 are added to Chapter 9.10 of Title 9 of the San José Municipal Code, to be numbered, entitled and read as follows:

9.10.2461 Third-party verifier requirements
A third-party verifier must satisfy the requirements set forth in regulations promulgated by the director to certify recycling facilities under this Part. Noncompliance with said requirements may result in revocation of approval status by the director.

9.10.2462 Collection and transportation methods
A. Construction and demolition project permit holders shall use one or any combination of the following methods for transporting construction and demolition debris from the project site:

1. A collection service by a construction and demolition debris collector.

2. Transportation by a contractor conducting work on the project as a construction and demolition debris self-hauler.

3. If the permit holder is the property owner or resident of the property, transport of construction and demolition debris generated at the property may be done as a construction and demolition debris self-hauler.

B. Failure to use a method set forth in this Section shall be grounds for enforcement in accordance with Part 16 of this Chapter, as well as any other applicable Code provision.

SECTION 18. Sections 9.10.2470 and 9.10.2480 of Part 15 of Chapter 9.10 of Title 9 of the San José Municipal Code are amended to read as follows:

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9.10.2470 Use of diversion deposits
A. Moneys Monies received by the cCity as diversion deposits shall be used only for payment of diversion deposit refunds, except as provided in subsection B.

B. Diversion deposits that are no longer eligible for a refund under Section

9.10.2440 may be used for any of the following purposes:

1. Cost of administration of the program established by this pPart, including staff time for program support;

2. Cost of programs that divert from landfill disposal the waste from construction, demolition and alteration projects from landfill disposal;

3. Cost of programs that develop or improve the infrastructure needed to divert from landfill disposal the waste from construction, demolition and alteration projects from landfill disposal; or

4. Transfer to the general fund.

9.10.2480 California Green Building Standards Code compliance Persons applying for a permit from the City for new construction and building additions and alterations shall comply with the requirements of this Part and all required components of the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen), as amended, if its project is covered by the scope of CALGreen and other applicable City requirements of the City. If the requirements of CALGreen, as amended, are more stringent than the requirements of this Part, the CALGreen requirements shall apply.

Notwithstanding any other provision to the contrary, a building permit applicant that documents the completion of a construction waste management plan in accordance with CALGreen at the following diversion levels shall be deemed in compliance with the applicable provisions of this Part. For building permit applications filed on or after January 1, 2027, at a sixty-five percent (65%) diversion level, as determined by the director.:

A. For building permit applications filed between January 1, 2011 and December 31, 2011, at a sixty percent (60%) diversion level as determined by the Director.

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B. For building permit applications filed between January 1, 2012 and December 31, 2012, at a sixty-five percent (65%) diversion level as determined by the Director.

C. For building permit applications filed on or after January 1, 2013, at a seventyfive percent (75%) diversion level as determined by the Director.

SECTION 19. New sections 9.10.2481, 9.10.2482, and 9.10.2483 are added to Chapter 9.10 of Title 9 of the San José Municipal Code, to be numbered, entitled and read as follows:

9.10.2481 Waste management plan submittal
Each person who applies for a building permit pursuant to Chapter 24.02 of this Code shall submit a completed waste management plan in a form prescribed by the director during the building permit process. The waste management plan shall contain:

A. The estimated volume or weight of project waste to be generated by material type.

B. Determination of whether materials will be source separated on-site or mixed.

C. The estimated maximum volume or weight of such materials that can feasibly be diverted via reuse, recycling, or salvage for future use or sale by material type.

D. Indication of the applicant’s plan to haul materials from the project site, which shall include one or any combination of the following:

1. A collection service by a construction and demolition debris collector.

2. Transportation by a contractor conducting work on the project as a construction and demolition debris self-hauler.

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property may be done as a construction and demolition debris selfhauler.

E. Facility(ies) to which the materials will be hauled.

F. Estimated volume or weight of construction and demolition debris that will be disposed, using the standardized conversion rate approved by the City.

G. Any other information determined necessary by the director to demonstrate compliance, as specified in this Part.

9.10.2482 Waste management plan approval
Notwithstanding any other provision of the Code, a waste management plan shall be required for review and approval prior to beginning any construction or demolition activities for applicable projects. Conditions for approval of the waste management plan shall be determined by the director, in accordance with regulations promulgated by the director and the requirements of this Part.

9.10.2483 Compliance with waste management plan
A. After the completion of any project for which a waste management plan is required, the permit holder shall submit official documentation of diversion achieved for the project in a timeframe set forth by the director. The required documentation shall include specified records in a format and submittal process designated by the director.

B. The director will review the documentation submitted to determine whether the permit holder has complied with applicable regulations promulgated by the director and the requirements of this Part and notify the permit holder of such a determination.

C. The City retains the right to conduct inspections and request additional documentation for the purpose of determining compliance with the waste management plan, and permit holders shall provide such documentation and make premises available for inspection, upon request by the City.

D. The director may establish processes for permit holders to apply for exemptions due to infeasibility or other circumstances, as determined by the director.

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Item Number: 6.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

PASSED FOR PUBLICATION of title this _____ day of ___________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

MATT MAHAN
Mayor
ATTEST:

TONI J. TABER, MMC
City Clerk