HomeMy WebLinkAboutAGENDA REPORT 2019 1218 REG CCSA ITEM 09CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of December 18, 2019
ACTION Introduced Ordinance No. 478 for
first reading. BY B.Garza.
C. Consider an Ordinance Amending Chapter 8.36, Regulating Collection and
Transportation of Solid Waste, of Title 8, Health and Safety, of the Moorpark
Municipal Code. Staff Recommendation: Introduce Ordinance No. 478 for first
reading, waive full reading, and place this ordinance on the agenda for the January
15, 2020, regular meeting for purposes of providing second reading and adoption
of the ordinance. (Staff: Teri Davis)
Item: 9.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Teri Davis, Program Manager
DATE: 12/18/2019 Regular Meeting
SUBJECT: Consider an Ordinance Amending Chapter 8.36, Regulating
Collection and Transportation of Solid Waste, of Title 8, Health and
Safety, of the Moorpark Municipal Code
SUMMARY
Approval of an ordinance amending Chapter 8.36 will bring the Moorpark Municipal
Code (Code) into compliance with Assembly Bill (AB) 341 and AB 1826 as well as
update outdated portions of the Code. It will also include revisions necessary for
consistency with the 2018 franchised hauler agreement and federal and state
accessibility requirements for sidewalks.
BACKGROUND
Chapter 8.36 of the Code addresses the collection, transportation, diversion, and
disposal of solid waste and recyclable commodities. This Chapter of the Code was last
revised in its entirety in 2010, and staff is proposing an amendment to the Chapter to
update and enhance language within the current Code to better reflect solid waste and
recycling collection services and practices and achieve compliance with current law
requirements. Recently, the California legislature adopted AB 1826, which affects solid
waste collection and disposal requirements by introducing the collection of organic
material.
AB 1826, or PRC Section 42649.81(a)(3), requires any business generating 4 cubic
yards of solid waste per week, to arrange for organics recycling services and that those
organics are to be recycled in a specified manner. It requires agreements between any
business and landscaping or gardening services to require organic waste disposal to
comply with AB 1826. It also requires the City to implement an organic waste program
and the City’s franchised waste hauler will continue to administer that program. PRC §
42649.81(a)(3) is provided in its entirety:
Item: 9.C.
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“On and after January 1, 2019, a business that generates four cubic
yards or more of commercial solid waste, as defined in Section
42649.1, per week, shall arrange for recycling services specifically for
organic waste in the manner specified in subdivision (b).”
The language of the 2010 revision to the Code made references to fee and deposit
amounts that would be set by resolutions adopted by City Council; however, not all fees
were set in 2010, some were set subsequently, and staff will bring the remaining
resolutions to City Council for consideration at a future meeting.
The City Attorney’s office has reviewed the attached draft ordinance.
DISCUSSION
Chapter 8.36 Revisions
City staff reviewed the current Code and determined that portions of Chapter 8.36 are
outdated. This Ordinance introduces new terms and definitions, updates diversion
goals, and revises recycling requirements. It also addresses cart placement clarifying
that placement of bins and containers are prohibited on sidewalks, for compliance with
sidewalk accessibility requirements, and removes the public hearing component of
approving maximum allowable rates. In addition to adding words and phrases
throughout the Chapter, the following statements highlight the major updates proposed
to amend the Chapter:
• New Section 8.36.090, Organic waste, is added.
• Language is added to Section 8.36.010, Definitions, to update definitions and
incorporate standardized terms, mostly relating to recyclable and compostable
materials.
• Grammatical, format, clarifications, and language revisions are made to Section
8.36.030, Provisions of service, to incorporate some of the new definitions in
Section 8.36.010.
• The language in Section 8.36.035, Persons authorized to collect and transport
solid waste, is revised to provide clarification.
• Language added to Section 8.36.070, Placement of containers and bulky items,
specifically states that no containers may be placed on a sidewalk. This is
intended to provide paths of travel that are clear from containers. As this would
be a change from past practice, staff anticipates implementing a public outreach
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campaign prior to enforcing this section. The public outreach campaign may
involve mailers to every single family home in the City, along with
advertisements, articles, and social media postings. This section also has
grammatical, format, and clarification revisions.
• Section 8.36.090, Organic waste, was added to provide that certain businesses
may have to arrange for organic waste recycling services in compliance with
Public Resources Code Section 42649.8 (Common Name is AB 1826, Solid
Waste: Organic Waste).
• There are grammatical, formatting, and clarification revisions in Section 8.36.325,
Contents of franchise and in Section 8.36.340, Revocation, suspension, or
termination of solid waste franchises.
• Solid Waste maximum allowable rates are currently established by a resolution of
the City Council at a noticed public hearing pursuant to Section 8.36.350. The
noticed public hearing requirement was deleted, enabling the City Council to
establish maximum allowable rates by resolution without a noticed public
hearing. The franchise agreement contains language establishing the conditions
upon which increasing the maximum allowable rates are considered.
• There are grammatical, format, and clarifications revisions in Section 8.36.365,
Clean up of solid waste spills, in 8.36.370, Frequency and hours of collection (in
this instance, the section was revised to refer to the franchise agreement), in
Section 8.36.440, Use of container of another, and in Section 8.36.520, Waste
management plan requirements.
• Currently for Construction and Demolition Material Management Plans
(C&DMMP) less than $50.00 may be waived by the administrative authority, as
stated in Section 8.36.655, and this amount would be increased to $500.00. The
City’s review fee is $160 and staff recommends increasing $50 to $500 for the
rare times a $500 deposit would be administered. Deposits are not required for
Tenant Improvements under $100,000, on which a 3% deposit would be $3,000
for new construction under $500,000, but they are required on all
deconstructions.
• There are grammatical, format, and clarifications revisions in Section 8.36.675,
Documentation of construction and demolition material diversion, in Section
8.36.680, Determination of compliance and release of diversion security deposit,
in Section 8.36.685, C&DMMP exemptions, and in Section 8.36.690, Appeals.
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• Section 8.36.740, Self-haul reporting requirements was revised to provide an
annual rather than random due date for annual reports from individuals who are
authorized self-haulers.
Chapter 8.36 Corresponding Resolutions
Chapter 8.36 provides for certain fees to be established by City Council Resolution and
currently those fees are set by several resolutions. Staff will be returning with a
subsequent Agenda item incorporating all fees required by this Chapter into one solid
waste resolution, excluding the solid waste rates resolution.
ENVIRONMENTAL DETERMINATION
The Community Development Director has reviewed the contents of the draft ordinance
and determined that it is exempt from the provisions of the California Environmental
Quality Act (CEQA) because CEQA only applies to projects that may have a significant
effect on the environment.
FISCAL IMPACT
This revision to Chapter 8.36 of the Code will have a negligible fiscal impact on the City.
The fees that are to be set by resolution in accordance with this Chapter are considered
reimbursable for staff and resource costs.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Introduce Ordinance No. ___ for first reading, waive full reading, and place this
ordinance on the agenda for the January 15, 2020, regular meeting for purposes of
providing second reading and adoption of the ordinance.
Attachment 1: Draft Ordinance No. ___
Attachment 2: Existing Ordinance
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ATTACHMENT 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 8.36, SOLID WASTE,
OF TITLE 8, HEALTH AND SAFETY, OF THE MOORPARK
MUNICIPAL CODE, AND APPROVING A CALIFORNIA
ENVIRONMENTAL QUALITY ACT EXEMPTION IN
CONNECTION THEREWITH
WHEREAS, Ordinance No. 394 amended and restated Chapter 8.36, Solid
Waste, of Title 8, Health and Safety, of the Moorpark Municipal Code in its entirety in
November 2010; and
WHEREAS, certain sections, subsections, clauses, phrases, and parts or
portions of Chapter 8.36, Solid Waste, of Title 8, Health and Safety, of the Moorpark
Municipal Code are hereby amended and restated to read as stated in Sections 1
through 20 of this ordinance; and
WHEREAS, at its meeting of December 18, 2019, the City Council adopted this
ordinance amending Chapter 8.36, Solid Waste, of Title 8, Health and Safety, of the
Moorpark Municipal Code; and
WHEREAS, the City Council concurs with the Community Development
Director’s determination that this amendment is not a project within the meaning of
Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines,
because it has no potential for resulting in physical change in the environment, directly
or indirectly.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
ORDAINS AS FOLLOWS:
SECTION 1. Article I of the Table of Contents is hereby amended to read as
follows:
“Article I. General Regulations
8.36.005 Purpose.
8.36.010 Definitions.
8.36.020 Origin, storage, and ownership of solid waste.
8.36.030 Provisions of service.
8.36.035 Persons authorized to collect and transport solid waste.
8.36.040 Collection arrangements required.
8.36.045 Exemption from collection requirements.
8.36.050 Final determination of service levels and pickup locations by city.
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Ordinance No. ___
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8.36.060 Containers. 8.36.070 Placement of containers and bulky items.
8.36.075 Recyclable materials and recyclable solid waste collection.
8.36.080 Green waste collection.
8.36.085 Composting.
8.36.090 Organic waste.”
SECTION 2. Section 8.36.010 of Chapter 8.36 (Solid Waste) of Title 8 (Health
and Safety) is hereby amended to revise and replace existing definitions, and also add
new definitions as follows:
“C&D materials management plan” or “Construction and demolition materials
management plan” or “C&DMMP" shall mean the plan described in Section 8.36.640.
“Cathode Ray Tube” or “CRT” means the glass video display component of an
electronic device (usually a television or computer monitor)
“Commercial solid waste” means all types of solid waste, including organic
waste, and recyclable solid waste, generated or accumulated at commercial premises
and placed in commercial bins.
“Compostable material” means any organic material that when accumulated will
become active compost.
“Container” means all collection containers provided by or accepted by the
franchisee and approved by the city manager for collection of solid waste, recyclable
solid waste, organic waste, and C&D material from residential premises and commercial
premises.
“Food waste” means solid, semisolid, and liquid food, such as, fruit, vegetables,
cheese, meat, bones, poultry, seafood, bread, rice, pasta, and oils; coffee grounds and
filters and tea bags; cut flowers and herbs; and any putrescible matter produced from
human or animal food production, preparation, and consumption activities. Food waste
includes food-soiled paper.
“Food-soiled paper” means uncoated products such as napkins, paper towels,
tissues, formed paper packaging such as egg cartons, and some paper plates and
cups.
“Franchise” means the right and privilege granted by the city: (1) to make
arrangements for the collection of and to collect solid waste; (2) to transport solid waste
to landfills, transformation facilities, compostable materials facilities, and organic waste
facilities; and/or (3) to process and recycle solid waste collected within the city.
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“Large event” means any event that charges an admission price, or is operated
by a local agency, or for which an applicant seeks temporary or periodic use or
occupancy in or on a public street, publicly owned site or facility or public park within the
city for a civic, commercial, recreational or social event attended by more than two
thousand (2,000) persons, including workers and volunteers, per day of operation.
“Medication waste” means items intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or other animals. Medication
waste is synonymous with drug waste, pharmaceutical waste, unused or expired
medication, unused or expired drugs, prescription and over-the-counter human drugs,
veterinary drugs, diagnostic agents, and nutritional supplements.
“NPDES” means the National Pollutant Discharge Elimination System permit
currently active and in effect in the city.
“Organics” or “Organic waste” means food waste, green waste, landscape and
pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in
with food waste.”
SECTION 3. Section 8.36.030 is hereby amended and replaced in its entirety to
read as follows:
“8.36.030 Provisions of service.
In order to protect public health, safety and well-being, to control the spread of vectors,
and to limit sources of air pollution, noise and traffic within the city and pursuant to
California Public Resource Code 40059, as it may be amended from time to time, or any
successor provision or provisions thereto, the city shall have, and hereby retains, the
authority to issue permits or licenses or enter into agreements, including exclusive
permits and agreements, for solid waste collection services as provided by this chapter
and with the terms and conditions imposed by the city council. The city council may
grant one or more exclusive solid waste franchises to one or more solid waste
enterprises to make arrangements with the persons in charge of day-to-day activities or
operations at commercial and residential premises in the city for the collection, transfer,
recycling, composting and disposal of solid waste within and throughout the city.
A. A solid waste enterprise which arranges for the collection of solid wastes
shall make arrangements with its customers specifying the manner in which integrated
waste management services are to be provided, subject to the terms of its solid waste
franchise, as well as to the city’s exercise of its police powers to protect public health,
safety and well-being and to limit the spread of vectors and limit sources of noise and
air pollution within the city by prohibiting the collection of solid waste between certain
hours and on certain holidays.
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B. In order to carry out its duties to plan for the management of vehicular
traffic and mitigate adverse air quality effects, the city council may determine solid
waste management collection categories, including, but not limited to, e.g., residential,
multifamily residential, commercial, industrial, C&D material, temporary bin and roll-off
box, special event, large event, electronic waste, universal waste, medical waste,
household hazardous waste, recyclable material, green waste, food waste, organics,
medication waste, compostable material, food-soiled paper, and others and may make
or impose solid waste franchise, license, contract or permit requirements which vary for
such categories.
C. The city shall have the ability to provide for or furnish integrated waste
management services relating to collection, transfer, processing and disposal of solid
waste including, but not limited to, discards, C&D material, recyclable material, green
waste, food waste, and hazardous waste within and throughout the city. Such services
may be furnished by any one of or any combination of the following: (1) city officers and
employees; (2) contractors franchised, permitted or licensed by the city; or (3)
agreement with another local agency.”
SECTION 4. Subparagraph B.1 of Section 8.36.035 is hereby amended and
replaced in its entirety to read as follows:
“1. C&D material removed from the premises by a licensed contractor with a
valid Moorpark business registration and any necessary permits, using their own
employees and equipment as an incidental part of a total service provided by the
contractor and abiding by Article VI of this chapter.”
SECTION 5. Paragraph B of Section 8.36.070 is hereby amended and replaced
in its entirety to read as follows:
“B. Any container or bulky item permitted to be placed for collection adjacent
to a street must be placed behind but as close to the curbline or the street right-of-way
line as practicable. Any such container, bulky item, or solid waste material permitted to
be placed for collection adjacent to an alley must be placed on the premises as close to
the property line as practicable. At no time may containers be placed on a sidewalk,
either public or private.”
SECTION 6. Section 8.36.090 is hereby added to Chapter 8.36, as follows:
“8.36.090 Organic waste.
Businesses that generate four (4) cubic yards or more of commercial solid waste per
week, and multifamily residential with five (5) or more units, shall arrange for organic
waste recycling services. Food waste collection shall be placed in designated food
waste containers and not commingled with other wastes, including other types of green
waste.”
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SECTION 7. Sub-paragraph A.5 of Section 8.36.325 is hereby amended and
replaced in its entirety to read as follows:
“5. The franchisee shall be required to collect all fees and charges billed or
collected by each franchisee for its franchised services and must not exceed the
maximum schedule of fees and charges approved by the city council.”
SECTION 8. Sub-paragraph A.2 of Section 8.36.340 is hereby amended to and
replaced in its entirety to read as follows:
“2. Violating any regulation of the state, the California Department of Toxic
Substances Control, the California Air Resources Board, or any of their respective
successor agencies, a regulatory agency, a local enforcement agency, the Moorpark
Municipal Code, or any material condition of a franchise affecting public health and
safety in the city.”
SECTION 9. Paragraph C of Section 8.36.340 is hereby amended and replaced
in its entirety to read as follows:
“C. Response. At the expiration of the time set for response from the franchisee,
the administrative authority shall review the record, including any written response from
the franchisee to the notice of deficiencies, and take either of the following actions: (1)
resolve the matter in favor of the franchisee; or (2) order remedial action to cure any
breach. In either event, the administrative authority shall inform the franchisee in writing
of the decision. A decision or order of the administrative authority shall be final and
conclusive unless the franchisee files a notice of appeal to the city council with the city
clerk (with a copy to the city manager and the city attorney) within ten (10) days of
mailing of the decision. The notice of appeal to the city council shall state the legal basis
and all legal and factual contentions of the franchisee and shall include all evidence,
including, but not limited to, affidavits, documents, photographs, electronic messaging,
digital images, digital audio recordings, CDs, and DVDs. A notice to appeal to the city
council shall not be accepted by the city clerk for filing unless accompanied by a notice
of appeal filing fee in an amount to be set by city council resolution.”
SECTION 10. Paragraphs B and C of Section 8.36.350 are hereby amended
and replaced in their entirety to read as follows:
“B. The city council may establish, by resolution, a ceiling on the amounts of
charges a franchisee may charge for solid waste collection in addition to any required
fees. Except as provided in subsection D, or as otherwise provided in a franchise
agreement the city council will consider adjustments to the maximum permitted charges
once per calendar year. The maximum rates may not be increased without prior written
approval of the city council by resolution.
C. The city council shall have the power to approve, deny or modify in any
respect or particular instance the schedule of rates for the collection of solid waste from
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Ordinance No. ___
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commercial or residential premises in the city, based upon the fairness of the rate
increase to the franchisee and whether or not said increase will be detrimental or
injurious to the affected customers, and shall thereafter, by resolution adopt a rate
schedule for collection of solid waste.”
SECTION 11. Paragraphs A and B of Section 8.36.365 are hereby amended
and replaced in their entirety to read as follows:
“A. Any person or entity handling and transporting solid waste, including
recyclable solid waste, and organic waste, within the city must clean up immediately, or
arrange for the immediate clean up, of any solid waste or liquid waste released, spilled
or dumped into the environment during collection, handling, or transport within the city
by such person or any vehicle fluid spill from collector’s vehicles.
B. Until solid waste has been picked up by a franchisee or collector, or is
self-hauled, the person in charge of the day-to-day activities or operations of each
residential and commercial premises in the city shall be responsible for the cleanup of
any and all solid waste generated, deposited, released, spilled, leaked, pumped,
poured, emitted, emptied, discharged, injected, dumped, or disposed into the
environment, or which has come to be located outside an authorized container on, at, or
in the premises of which the person is in charge. This cleanup responsibility includes
the cleanup of solid waste, including recyclable solid waste, and organic waste which
has come to be located outside an authorized container for the collection of such solid
waste, notwithstanding human or animal interference with a container, wind, or other
natural forces and whether during storage, collection, removal, or transfer. For purposes
of this section, the term “disposed into the environment” shall include, but not be limited
to, the abandonment of or discarding of barrels, containers, and other closed
receptacles of solid waste or liquid waste of any kind whatsoever.”
SECTION 12. Paragraphs A and B of Section 8.36.370 are hereby amended
and replaced in their entirety to read as follows:
“A. All solid waste collection from residential premises and commercial
premises adjacent to residential premises shall be made between the hours of seven
(7:00) a.m. and six (6:00) p.m., Monday through Friday, and on Saturday as specified in
subsection D of this section, or as set forth in the franchise agreement.
B. All solid waste collection from commercial premises not adjacent to
residential premises shall be made between the hours of six (6:00) a.m. and six (6:00)
p.m., Monday through Friday and between the hours of eight (8:00) a.m. and three
(3:00) p.m. on Saturday, or as set forth in the franchise agreement.. At no time is
collection allowed on Sunday except as specified in subsection D of this section, or as
set forth in the franchise agreement.”
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SECTION 13. Section 8.36.440 of Chapter 8.36 is hereby amended and
replaced in its entirety to read as follows:
“8.36.440 Use of container of another.
To protect public health, safety, and well-being and to prevent the contamination
of solid waste, including recyclable solid waste, and organic waste, no person shall
place solid waste in, or otherwise use the solid waste container, including a recyclable
solid waste, organic waste, or other waste container, of another, without the prior written
permission of such other person.”
SECTION 14. Paragraph D of Section 8.36.520 is hereby amended in its
entirety to read as follows:
“D. All large event applicants and large venue operators shall agree to the
following: On or before October 1, and annually thereafter, the operator of a large venue
shall meet with the administrative authority, franchisees and/or collectors of the large
venue to determine the appropriate waste reduction programs to meet the requirements
of this chapter.”
SECTION 15. Section 8.36.655 is hereby amended and replaced in its entirety
to read as follows:
“8.36.655 C&DMMP diversion security deposits.
Each applicant for a permit for a covered project, except the city, shall submit a
C&DMMP diversion security deposit along with the C&DMMP. The amount of the
diversion security deposit shall be established by resolution of the city council. The
administrative authority may waive the diversion security deposit if the diversion security
deposit required pursuant to this section would be five hundred dollars ($500.00) or
less.”
SECTION 16. Section 8.36.675 of Chapter 8.36 is hereby amended and
replaced in its entirety to read as follows:
“8.36.675 Documentation of construction and demolition material diversion.
Applicants shall make reasonable efforts to ensure that all C&D material diverted
or delivered to disposal facilities for disposal, are measured and recorded using the
most accurate method of measurement available. To the extent practicable, all C&D
materials, and inert waste to be removed from the waste stream and not disposed of in
a solid waste landfill, shall be weighed on scales. Such scales shall be in compliance
with all state and county regulatory requirements for accuracy and maintenance. For
C&D material for which weighing is not practical due to small size or other
considerations, a volumetric measurement shall be used. For conversion of volumetric
measurements to weight, the applicant shall use the standardized conversion rates
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approved by the city for this purpose. Documentation of the foregoing shall consist of
photocopies of receipts, weight tickets, gate tickets, and other records from recycling
facilities, deconstruction contractors, solid waste enterprises and disposal facilities.”
SECTION 17. Paragraphs A, B, and C of Section 8.36.680 are hereby
amended and replaced in their entirety to read as follows:
“A. Full Compliance. If the administrative authority determines that the
applicant has fully complied with the C&DMMP requirements applicable to the project,
the administrative authority shall cause the full diversion security deposit, less the
review fee, to be released to the applicant.
B. Good Faith Effort to Comply. If the administrative authority determines
that the C&DMMP has not been complied with, the administrative authority may
determine whether the applicant made a good faith effort to comply with this article. In
making this determination, the administrative authority shall consider the availability of
markets for the C&D materials transported for disposal in a landfill or transformation
facility, the size of the project, and documented efforts of the applicant to divert C&D
materials and remove inert waste from the waste stream. If the administrative authority
determines that the applicant has made a good faith effort to comply with this chapter,
the administrative authority shall approve the release of the full diversion security
deposit, or a portion thereof, less the review fee, to the applicant. Any portion of the
diversion security deposit not released to the applicant shall be forfeited to the city.
C. Failure to Comply. If the administrative authority determines that the
applicant has not made a good faith effort to comply with this article, or if the applicant
failed to submit the documentation required in Section 8.36.670, within the required time
period, then the full diversion security deposit shall be retained by the city for purposes
of promoting recycling within the city.”
SECTION 18. Section 8.36.685 is hereby amended and replaced in its entirety
to read as follows:
“8.36.685 C&DMMP exemptions.
A. If an applicant for a covered project experiences or anticipates unique
circumstances that the applicant believes make it not feasible to comply with the
diversion requirement, the applicant may apply for an exemption at the time that the
applicant submits the C&DMMP required under this chapter. The applicant shall indicate
on the C&DMMP the maximum rate of diversion the applicant believes is feasible for
each material, by weighted percentage, and the specific circumstances that the
applicant believes make it not feasible to comply with the diversion requirement. A
review fee for the C&DMMP exemption process shall be established by resolution of the
city council.
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B. The administrative authority shall review the information supplied by the
applicant and may meet with the applicant to discuss possible ways of meeting the
diversion requirement. Based on the information supplied by the applicant, the
administrative authority shall determine whether it is possible for the applicant to meet
the diversion requirement.
C. If the administrative authority determines that it is not feasible for the
applicant to meet the diversion requirement, the administrative authority shall determine
the maximum feasible diversion rate for each material and shall indicate this rate on the
C&DMMP submitted by the applicant. The administrative authority shall return a copy of
the C&DMMP to the applicant marked “approved for partial exemption” and shall notify
the division of building and safety that the C&DMMP has been approved.
D. If the administrative authority determines that it is possible for the
applicant to meet the diversion requirement, the administrative authority shall deny the
application for exemption and inform the applicant in writing of the denial and reasons
for the denial. The applicant shall have thirty (30) days after the receipt of notification to
resubmit a C&DMMP form in full compliance with this article. If the applicant fails to
resubmit the C&DMMP, or if the resubmitted C&DMMP does not comply with this
article, the administrative authority shall deny the C&DMMP and the division of building
and safety shall not issue a permit for that project.”
SECTION 19. Section 8.36.690 is hereby amended and replaced in its entirety
to read as follows:
“8.36.690 Appeals.
A. A decision or order of the administrative authority shall be final and
conclusive unless the applicant files a notice of appeal to the city council with the city
clerk (with a copy to the city manager and the city attorney) within ten (10) days of
mailing of the decision. The notice of appeal to the city council shall state the legal basis
and all legal and factual contentions of the franchisee and shall include all evidence,
including, but not limited to, affidavits, documents, photographs, digital images, digital
audio recordings, electronic messaging, CDs, and DVDs. A notice to appeal to the city
council shall not be accepted by the city clerk for filing unless accompanied by a notice
of appeal filing fee in an amount to be established by resolution of the city council.
B. The written appeal shall be considered by the city council no more than
sixty (60) business days from the date of the filing.
C. The final ruling made by the city council, shall be in writing, stating the
legal and factual basis for the decision. The decision shall be final and conclusive.”
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SECTION 20. Section 8.36.740 is hereby amended and replaced in its entirety
to read as follows:
“8.36.740 Self-haul reporting requirements.
Each person with a valid self-haul exemption permit shall submit reports to the
city, in a format and at a frequency determined by the administrative authority. Required
report information shall include, but is not limited to, the type, quantity, volume, weight,
and disposal facility destination of the solid waste collected in the city, and may include
gate tickets or receipts to substantiate its disposal and recycling reports. Reports are
due annually by December 1, in a format prescribed by the city manager. Failure to
submit required self-haul permit reports to the city within the required frequency shall be
a basis for revocation of a self-haul exemption permit.”
SECTION 21. CEQA. The Community Development Director has determined
that this Ordinance is not a project within the meaning of Section 15378 of the State of
California Environmental Quality Act ("CEQA") Guidelines, because it has no potential
for resulting in physical change in the environment, directly or indirectly. The Ordinance
is exempt from CEQA because the City Council's adoption of the Ordinance is covered
by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. (State CEQA Guidelines, §
15061(b)(3)). This Ordinance modifies a regulatory structure for the collection of solid
waste and recyclables.
SECTION 22. Chapter Amended. Chapter 8.36 of Title 8 of the Moorpark
Municipal Code is hereby amended as shown in Sections 1 through 20 of this
ordinance.
SECTION 23. Severability. If any sections, subsections, sentence, clause, or
phrase of the Chapter adopted by this Ordinance is for any reason held to be invalid or
unconstitutional by the decision or legislation of any court of competent jurisdiction, or
by reason of preemptive legislation, such decision or legislation shall not affect the
validity of the remaining portions of the Chapter. The City Council declares that it would
have passed this Ordinance, and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that one or more of the sections, subsections,
sentences, clauses, or phrases thereof is declared invalid or unconstitutional.
SECTION 24. Effective Date. This ordinance shall become effective thirty (30)
days after its passage and adoption.
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Ordinance No. ___
Page 11
SECTION 25. Publication and Certification. The City Clerk shall certify the
adoption of this Ordinance; shall enter the same in a book of original ordinances of said
City; shall make a written record of the passage and adoption thereof in the minutes of
the proceedings of the City Council at which the same is passed and adopted; and shall
publish notice of adoption in the manner required by law.
APPROVED AND ADOPTED this ___ day of _______________, 2020.
________________________________
Janice S. Parvin, Mayor
ATTEST:
____________________________
Ky Spangler, City Clerk
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Chapter 8.36
SOLID WASTE
Sections:
Article I. General Regulations
8.36.005 Purpose.
8.36.010 Definitions.
8.36.020 Origin, storage, and ownership of solid waste.
8.36.030 Provisions of service.
8.36.035 Persons authorized to collect and transport solid waste.
8.36.040 Collection arrangements required.
8.36.045 Exemption from collection requirements.
8.36.050 Final determination of service levels and pickup locations by city.
8.36.060 Containers. 8.36.070 Placement of containers and bulky items.
8.36.075 Recyclable materials and recyclable solid waste collection.
8.36.080 Green waste collection.
8.36.085 Composting.
Article II. Unauthorized Containers
8.36.220 Placement of unauthorized containers—Prohibited.
8.36.230 Removal of unauthorized containers.
Article III. Solid Waste Franchises, Fees, Equipment, Collection, and
Collection Activities
8.36.320 Solid waste franchise requirements.
8.36.325 Contents of franchise.
8.36.330 Fees.
8.36.340 Revocation, suspension, or termination of solid waste franchises.
8.36.345 Restrictions on transfer of solid waste franchises.
8.36.350 Collection rates.
8.36.355 Liability for collection charges and fees.
8.36.360 Collection equipment.
8.36.365 Clean up of solid waste spills.
8.36.370 Frequency and hours of collection.
8.36.380 Special collection.
8.36.385 Franchisee remedies.
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ATTACHMENT 2
8.36.390 City right of provision modification.
Article IV. Unlawful and Prohibited Acts
8.36.420 Unlawful collection.
8.36.425 Use of containers required.
8.36.430 Removal of solid waste containers.
8.36.435 Collection of solid waste— Disposal.
8.36.440 Use of container of another.
8.36.445 Use of civic solid waste containers.
8.36.450 Burning of solid waste.
8.36.460 Dumping of solid waste prohibited.
8.36.470 Commingling of green waste with other forms of waste prohibited.
8.36.480 Scavenging.
8.36.490 Public nuisance.
Article V. Large Event and Large Venue Waste Management
8.36.500 Purpose.
8.36.510 Application of section to large events and large venues.
8.36.520 Waste management plan requirements.
8.36.530 Review of waste management plan.
8.36.540 Waste management compliance reporting.
8.36.550 Actions by the city. 8.36.560 Penalties.
Article VI. Construction and Demolition Materials Management
8.36.600 Purpose.
8.36.620 Covered projects.
8.36.625 Exempt projects.
8.36.630 City sponsored projects.
8.36.635 Compliance as a condition of approval.
8.36.640 Construction and demolition materials management plan (C&DMMP).
8.36.645 Calculating volume and weight of material.
8.36.650 Deconstruction.
8.36.655 C&DMMP diversion security deposits.
8.36.660 C&DMMP review approval.
8.36.665 C&DMMP review denial.
8.36.670 Application for refund and return of diversion security deposits.
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8.36.675 Documentation of construction and demolition material diversion.
8.36.680 Determination of compliance and release of diversion security
deposit.
8.36.685 C&DMMP exemptions.
8.36.690 Appeals.
8.36.695 Enforcement.
Article VII. Self-Haulers
8.36.720 Self-haul exemption.
8.36.730 Self-haul disposal at authorized sites.
8.36.740 Self-haul reporting requirements.
8.36.750 Licensed contractors.
Article VIII. Enforcement
8.36.820 Enforcement.
8.36.830 Enforcement by designees.
8.36.850 Violations punishable.
Article I. General Regulations
8.36.005 Purpose.
The purpose of this chapter is to provide a uniform procedure, regulation and control
for the collection and transportation of solid waste, discards, and recyclable
commodities to a city designated disposal site, and to provide for the regulation and
control of the collection and diversion of solid waste from disposal at landfills through
recycling, composting, or transformation of recyclables, and related provisions, in order
to protect the public peace, health, safety, and general welfare of the people of the city.
The city has determined that storage, accumulation, collection and disposal of solid
waste, as well as recyclable material, is a matter of public concern in that improper
control of such matters creates a public nuisance, which may lead to air pollution, fire
hazards, illegal dumping, vector breeding and infestation, and other problems affecting
the health, safety and general welfare, of the residents of the city. Chapter 8.36, “Solid
Waste,” is enacted in order to protect public health, safety and well-being, to control the
spread of vectors and to limit sources of air pollution, noise, and traffic within the city,
and pursuant to the authority of Article XI, Section 7 of the California Constitution, and
the Public Resources Code, Title VIII, as they may be amended from time to time. (Ord.
394 § 1, 2010)
8.36.010 Definitions.
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For the purposes of this chapter the following words and phrases shall have the
meanings respectively defined as follows, unless it is apparent from the context that a
different meaning is intended. Words and phrases not defined by this section shall have
the meaning defined in Division 30, Part 1, Chapter 2 of the Public Resources Code,
Sections 40000, et seq., and the regulations of the state of California, if defined therein,
and if not, to the definitions found in the Resource Conservation and Recovery Act
(“RCRA”), 42 U.S.C. Sections 6901, et seq. and the regulations implementing RCRA, as
they may be amended from time to time. If the word is not defined within this chapter,
the word shall be as defined elsewhere in the Moorpark Municipal Code; if the word is
not defined in the Moorpark Municipal Code the word shall be used as defined in
Webster’s Unabridged Dictionary, latest edition, most appropriate context.
“AB 939” or “Act” means the California Integrated Waste Management Act of 1989,
(sometimes referred to as “AB 939”), codified in part at Public Resources Code,
Sections 40000 et seq. as they may be amended from time to time.
“Adequate service” means the combination of the number of collections, number of
containers, and the size of containers necessary so as not to cause the accumulation of
solid waste to a level that exceeds the lowest top edge of the container and disallows
the container lid to completely shut or causes the accumulation of solid waste outside of
collection containers.
“Administrative authority” means the city manager or person designated by the city
manager to administer the provisions of this chapter.
“Agreement” means the franchise agreement between the city and franchisee for the
collection, recycling, processing and disposal of solid waste and construction and
demolition material from residential and commercial premises in the city.
“Applicant” means any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality, industry, public or
private corporation, or any other entity whatsoever who applies to the city for a permit,
as defined in this chapter, and who is, therefore, responsible for meeting the
requirements of this chapter.
“Basic level of service” means, with respect to residential collection service, one
collection of each residential solid waste container per week or that level of collection
and disposal service necessary to provide for the collection of solid waste generated
weekly by each single-family residence as specified in the franchise agreement. Basic
level of service means, with respect to commercial collection service, that level of
collection and disposal service necessary to provide adequate service.
“Bulky waste” or “bulky goods” means solid waste that cannot and/or would not
typically be accommodated within a residential solid waste container including, but not
limited to, large and small household appliances, furniture, carpets, mattresses, white
goods, tires, oversized yard waste such as tree trunks and large branches if no larger
than two (2) feet in diameter and four (4) feet in length, and that the bulky goods do not
exceed size or weight that can be moved by two (2) persons and are discarded from
residential premises in the city which a solid waste collector has agreed to collect.
“C&D” means construction and demolition.
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“C&D materials management plan” (C&DMMP) means a completed construction and
demolition materials management plan form, approved by the city for the purpose of
compliance with this chapter, submitted by the applicant for any covered project.
“Charges” means the monetary amount permitted to be collected for solid waste
collection, related services, and equipment rental and temporary bin service by a
franchisee under a residential franchise or commercial franchise under this chapter.
“City” means the city of Moorpark, California, a municipal corporation.
“City manager” means a person having that title in the employ of the city.
“City-sponsored project” means a project constructed by the city or a project
receiving fifty percent (50%) or more of its financing from the city.
“Civic solid waste containers” means city-owned receptacles located in public areas
for disposal of solid waste generated by the public.
“Code” means the city of Moorpark Municipal Code.
“Collection” means the act of collecting solid waste at or near the place of generation
or accumulation, by a solid waste collector which has made arrangements with the
person in charge of day-to-day activities or operations of the premises for the collection
of solid waste.
“Collector” means, depending upon the context in which used, either the city, another
local agency, or an authorized franchisee, permittee, or licensee who collects solid
waste.
“Commercial bin” means a bin provided by a franchisee, between one and one half
(1.5) and forty (40) cubic yards in capacity, designed for the ongoing accumulation and
collection of solid waste, and placed by a franchisee at a commercial premises.
“Commercial premises” means all lots or portions of a lot in any zone of the city,
other than residential premises (as identified in this chapter). The term “commercial
premises” is a reference to location, zoning, and use, and not to ownership.
“Commercial solid waste” means all types of solid waste, including green waste and
recyclable solid waste, generated or accumulated at commercial premises and placed in
commercial bins.
“Composting” means the controlled and monitored process of converting organic
waste into compost by decomposition.
“Construction” means the building of any facility or structure or any portion thereof
including any tenant improvements to an existing facility or structure.
“Construction and demolition material” (C&D material) means the excess or
discarded materials, which are removed from a site during or after the construction,
renovation, remodeling, repair, deconstruction or demolition of any premise, structure,
fence, wall, or paving project or from landscaping.
“Construction and demolition diversion security deposit” or “diversion security
deposit” means cash or a letter of credit in a form acceptable to the city manager,
submitted to the city pursuant to Section 8.36.655 of this chapter.
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“Construction and demolition facility” means any city authorized solid waste disposal
facility with the specific ability to accept and recycle or divert C&D material.
“Container” means all collection containers provided by or accepted by the
franchisee and approved by the city manager for collection of solid waste, recyclable
solid waste, green waste, and C&D material from residential premises and commercial
premises.
“Conversion rate” means the rate set forth in the standardized conversion rate table
approved by the city pursuant to this chapter for use in estimating the volume or weight
of C&D material, approved by the state.
“Covered project” means any project for which a city building permit is required that
consists of demolition work regardless of cost, or any new construction project valued
over five hundred thousand dollars ($500,000.00) or any renovation/tenant improvement
project valued over one hundred thousand dollars ($100,000.00), and all city sponsored
demolition, construction, or renovation projects regardless of cost.
“Deconstruction” means the careful disassembling of facilities, buildings or
structures, whether in whole or in
part, whether interior or exterior, in order to salvage as much material as possible.
“Demolition” means the decimating, razing, ruining, tearing down or wrecking of any
facility, structure, wall, fence, pavement or building, whether in whole or in part, whether
interior or exterior.
“Disposal” means the management of refuse through landfill deposit or
transformation at solid waste facilities permitted under applicable law.
“Diversion requirement” means the diversion of at least sixty-five percent (65%) of
the total construction and demolition material generated by a covered project, including
inert waste and that construction and demolition material is removed from the solid
waste stream and not disposed of in a solid waste landfill, unless the applicant has been
granted an exemption pursuant to Section 8.36.685, in which case the diversion
requirement shall be the maximum feasible diversion rate established by the
administrative authority in relation to the project.
“Divert” or “diversion” means activities which reduce or eliminate the amount of solid
waste material disposed of in a landfill or transformation facility. See Public Resources
Code Section 40124 as it may be amended from time to time.
Electronic Waste. See “universal waste.”
“Franchise” means the right and privilege granted by the city: (1) to make
arrangements for the collection of and to collect solid waste; (2) to transport solid waste
to landfills, transformation facilities, compostable materials facilities, green waste
facilities, as defined in Title 14 California Code of Regulations Section 17852, as it may
be amended from time to time, or other licensed solid waste management facilities;
and/or (3) to process and recycle solid waste collected within the city.
“Franchise, commercial” means a franchise issued under this chapter that grants to a
franchisee the exclusive right to collect and transport on a regular, recurring basis solid
waste from commercial premises.
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“Franchise fee” means the fee or assessment imposed by the city on a solid waste
enterprise which holds a solid waste franchise.
“Franchise, residential” means a franchise issued under this chapter which grants to
franchisee the exclusive right to collect and transport solid waste from residential
premises.
“Franchisee” means a solid waste collector designated as a franchisee pursuant to a
commercial franchise or residential franchise by the city council authorizing the solid
waste collector to provide solid waste services within the city.
“Generator” means any person or other entity which produces solid waste.
“Green waste” (sometimes referred to as yard waste or yard trimmings) means a
form of solid waste composed of leaves, grass clippings, brush, branches and other
forms of organic matter generated from landscapes and gardens, separated from other
forms of solid waste, and scrap lumber. “Green waste” also includes holiday trees
including, but not limited to, un-flocked, bare holiday trees and bushes. “Green waste”
does not include stumps or branches exceeding six (6) inches in diameter or four (4)
feet in length or scrap lumber which does not fit into a green waste container, nor does
it include highly invasive plant material such as yucca, cactus, bamboo; palm fronds;
succulents; treated or painted lumber; and other materials that are not suitable for
composting.
“Hazardous waste” means any waste materials or mixture of wastes defined as a
“hazardous substance” or “hazardous waste” pursuant to the Resource Conservation
and Recovery Act (“RCRA”), 42 U.S.C. Sections 6901 et seq., the Comprehensive
Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C.
Sections 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account
Act, (“HSAA”), California Health and Safety Code Sections 25300, et seq., as they may
be amended from time to time, or as defined by the state. If there is conflict in the
definitions employed by two (2) or more agencies having jurisdiction over hazardous
waste or solid waste, the term “hazardous waste” will be construed to have the broader,
more encompassing definition.
“Industrial waste” means solid, semi-solid, liquid or gaseous, unwanted or residual
materials, not including hazardous or biodegradable waste, from an industrial operation
including wastes produced in large quantities from factories, industrial plants, and
mining operations.
“Impound” or “impoundment” means the removal and storage of a container, bin,
drop-off box or any other receptacle.
“Inert waste” shall have the meaning ascribed by Public Resources Code Section
41821.3(a)(1), as it may be amended from time to time.
“Integrated waste management services” means managing waste by multiple
techniques to achieve solid waste and resource conservation goals. The techniques
may include, but are not limited to, waste reduction, reuse, recycling, composting,
transformation, disposal to landfills, and other means.
“Large event” means any event that charges an admission price, or is operated by a
local agency, or for which an applicant seeks temporary or periodic use or occupancy in
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or on a public street, publicly owned site or facility or public park within the city for a
civic, commercial, recreational or social event attended by more than two thousand
(2,000) persons, including workers, per day of operation.
“Large venue” means a facility that annually seats or serves an average of more than
two thousand (2,000) individuals per day of operation, including workers, such as, but
not limited to, convention centers, community centers, golf clubs, amusement parks,
recreational parks, theaters and concert halls located within the city and any other
facility or place that is a “venue facility” for purposes of Public Resources Code Section
42648, as it may be amended from time to time. For purposes of this chapter, a site
under common ownership or control that includes more than one large venue that is
contiguous with other large venues in the site is a single large venue.
“Liquid waste” means liquid material, including but not limited to, oil, harmful
solvents, antifreeze, and paints, as well as liquid that may reside in solid waste or green
waste and seep from said material.
“Medical waste” means waste capable of producing an infection or pertaining or
characterized by the presence of pathogens, includes but is not limited to syringes,
needles, lancets, vials, soiled medical clothing or sheets.
“NPDES” means National Pollutant Discharge Elimination System permit currently
active and in effect in the city.
“Permittee” means a person or an entity that is issued a self-haul exemption permit
under this chapter.
“Post-consumer material” as defined in Public Contract Code Section 12200(b), as it
may be amended from time to time, means a finished material which would have been
disposed of as a solid waste, having completed its life cycle as a consumer item, and
does not include manufacturing wastes. Post-consumer material is generally any
product that was bought by the consumer, used, and then recycled into another product.
“Processing” means the reduction, separation, recovery, conversion or recycling of
solid waste.
“Project” means any activity for which a building, demolition, grading or other similar
permit is required. See also “Covered project.”
“Recyclable material” means an item, or items, that has commercial value and that is
sold for compensation or donated to an entity other than a solid waste collector.
Recyclable materials are commodities and therefore not part of the waste stream.
Recyclable materials lose their character as recyclable materials upon being disposed
of in the waste stream, thereby becoming solid waste subject to this chapter.
“Recyclable solid waste” means a form of solid waste designated as a recyclable
solid waste by the city, the state, or any other agency with jurisdiction and which has
been separated by a solid waste service recipient from non-recyclable solid waste.
“Recycling” means the process of collecting, sorting, cleansing, treating and
reconstituting or otherwise processing materials that would otherwise be disposed of as
solid waste, and returning them to economic mainstream in the form of raw material for
new, reused or reconstituted products which meet the quality standards necessary to be
used in the marketplace.
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Refuse. See “solid waste.”
“Renovation” means any change, addition or modification in an existing structure that
requires a building permit or demolition permit but does not include a project limited to
interior plumbing work, electrical work, or mechanical work.
“Residential premises” means all lots or parcels in the city designed or zoned for
residential purposes, excluding premises with multi-family structures of five (5) or more
units.
“Residential solid waste” means all types of solid waste, including green waste and
recyclable materials, generated or accumulated at residential premises and placed in
residential containers for accumulation and collection.
“Reuse” means further or repeated use of C&D materials, inert waste, or other solid
waste therefore diverting the material from disposal in a landfill. Reuse includes the use,
in the same or similar form as it was produced, of a material that might otherwise be
discarded.
“Salvage” means the controlled removal of C&D material from a permitted
construction or demolition site for the purposes of recycling, reuse, or temporary storage
for later recycling or reuse.
“Solid waste” means all putrescible and non-putrescible solid, and semisolid wastes,
including but not limited to garbage, trash, refuse, paper, rubbish, ash, C&D material,
discarded home and industrial appliances, manure, vegetable or animal solid or semi-
solid wastes, and other discarded solid or semi-solid wastes, and has the meaning
ascribed to it by the California Public Resources Code Sections 40000, et.seq., as they
may be amended from time to time. Recyclable material is considered solid waste for
purposes of this chapter if it is disposed of in the solid waste stream and not separated
out as recyclable material. The term “refuse” shall be synonymous with the term “solid
waste” in this chapter.
“Special waste” means, but is not limited to, flammable waste; containerized waste
(e.g., a drum, barrel, portable tank, box, pail, etc.); waste transported in a bulk tanker;
liquid waste; sewage sludge; waste from a pollution control process; residue and debris
from the cleanup of a spill or release of chemical substances, or commercial products;
contaminated soil, waste, residue, debris, and articles from the cleanup of a site or
facility formerly used for generation, storage, treatment, recycling or reclamation; dead
animals; wastewater; explosive substances; radioactive materials; materials which have
been exposed to highly infectious or contagious diseases; hazardous materials; and
hazardous waste.
“State” means state of California.
“Temporary bin” means a collection container of no less than one and one-half (1.5)
cubic yards in capacity and no greater than forty (40) cubic yards in capacity provided
by or accepted by a franchisee, licensee or permittee and approved by the city for
temporary collection of solid waste, recyclable solid waste, green waste, and C&D
material from residential premises and commercial premises.
“Transformation” means incineration, pyrolysis, distillation, gasification, or biological
conversion other than composting.
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“Universal waste” means universal waste electronic devices (UWEDs), cathode ray
tubes (CRTs) and other universal wastes as defined by the California Department of
Toxic Substances Control or a successor agency, including but not limited to non-empty
aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps,
and any other lamp exhibiting a characteristic of a hazardous waste, batteries, mercury
thermometers, and mercury containing switches.
“Waste management plan” means a plan for reducing and managing waste for a
large event or large venue, submitted to the administrative authority for review in
compliance with this chapter.
“White goods” means discarded household appliances that have been historically,
but may or may not be, enameled, such as refrigerators, freezers, stoves,
washer/dryers, dishwashers, water heaters, and other similar items.
8.36.020 Origin, storage, and ownership of solid waste.
A. No person may store, accumulate, or maintain any solid waste on any
commercial or residential premises, unless such solid waste was generated by a lawful
use located on such premises. The storage and accumulation of solid waste on any
premises permitted under this code may be temporary only, and only at such locations
as are permitted by this code. Except as expressly provided in this chapter, solid waste
must be stored in a container in accordance with this chapter, must be kept free of all
hazardous materials and special wastes, and must be placed for collection at the next
regularly scheduled collection date for the premises, following the generation and
accumulation of such solid waste or otherwise removed lawfully from the premises prior
to the next regularly scheduled collection date for the premises.
B. No person may place, or cause to be placed, solid waste in any container
located on any sidewalk, street, roadway, alley or driveway or upon any commercial or
residential premises, whether public or private other than real property owned or leased
by such person nor set out or cause to be set out for collection any solid waste other
than solid waste originating on their commercial or residential premises.
C. No person shall accumulate, keep or deposit any solid waste in such a manner
that a public nuisance is created, including, but not limited to, allowing flies, mosquitoes,
rodents, or any other vectors to breed or inhabit therein.
D. Upon placement of solid waste from a residential premises at a designated
collection location, or placement of solid waste from a commercial premises in a
container provided by an authorized franchise or solid waste collector for collection of
solid waste, the solid waste becomes the property of the solid waste collector.
8.36.030 Provisions of service.
In order to protect public health, safety and well-being, to control the spread of
vectors, and to limit sources of air pollution, noise and traffic within the city and pursuant
to California Public Resource Code 40059, as it may be amended from time to time, or
any successor provision or provisions thereto, the city shall have, and hereby retains,
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the authority to issue permits or licenses or enter into agreements, including exclusive
permits and agreements, for solid waste collection services as provided by this chapter
and with the terms and conditions imposed by the city council. The city council may
grant one or more exclusive solid waste franchises to one or more solid waste
enterprises to make arrangements with the persons in charge of day-to-day activities or
operations at commercial and residential premises in the city for the collection, transfer,
recycling, composting and disposal of solid waste within and throughout the city.
A. Manner, time and frequency of collection. A solid waste enterprise which
arranges for the collection of solid wastes shall make arrangements with its customers
specifying the manner in which integrated waste management services are to be
provided, subject to the terms of its solid waste franchise, as well as to the city’s
exercise of its police powers to protect public health, safety and well-being and to limit
the spread of vectors and limit sources of noise and air pollution within the city by
prohibiting the collection of solid waste between certain hours and on certain holidays.
B. Categories. In order to carry out its duties to plan for the management of
vehicular traffic and mitigate adverse air quality effects, the city council may determine
solid waste management collection categories, including, but not limited to, e.g.,
residential, multifamily residential, commercial, industrial, C&D, temporary bin and roll-
off box, special event, large event, electronic waste, universal waste, medical waste,
and household hazardous waste, recyclable material, green waste, and others and may
make or impose solid waste franchise, license, contract or permit requirements which
vary for such categories.
C. The city shall have the ability to provide for or furnish integrated waste
management services relating to collection, transfer, processing and disposal of solid
waste including, but not limited to, discards, C&D material, recyclable material, green
waste and hazardous waste within and throughout the city. Such services may be
furnished by any one of or any combination of the following: (1) city officers and
employees; (2) contractors franchised, permitted or licensed by the city; or (3)
agreement with another local agency.
8.36.035 Persons authorized to collect and transport solid waste.
A. Except as expressly provided in subsection B of this section, no person(s) may
collect or transport solid waste, recyclable material or green waste from any location
within the city unless such person(s) is an authorized, franchised, licensed or permitted
solid waste collector or has a self-haul exemption permit from the city. It is unlawful for
any person(s) to permit or enter into any agreement for the collection or transportation
of solid waste or green waste with any person who is not a franchised, licensed, or
permitted solid waste collector.
B. The collection and transportation of the following types of solid waste under the
circumstances indicated are exempt from the provisions of subsection A of this section.
1. C&D material removed from the premises by a licensed contractor with a valid
Moorpark business registration and any necessary permits, using their own employees
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and proper equipment as an incidental part of a total service provided by said contractor
and abiding by Article VII of this chapter.
2. Green waste generated by an agricultural use on a lot where such use is
permitted pursuant to applicable provisions of the Moorpark Municipal Code.
3. Hazardous waste or medical waste.
4. Recyclable materials generated on a commercial or residential premises that
are separated or caused to be separated from solid waste by the responsible person for
such premise, and sold or donated by said person.
5. Solid waste removed by a city officer, employee, or agent in the course of
official duty.
6. Waste that is the by-product of sewage treatment.
7. Green waste removed from the premises by gardening, landscaping, or tree
trimming licensed enterprise with a valid Moorpark business registration and any
necessary permits performing work within the scope of performed work permitted by
their license.
C. All solid waste collected in the city under subsection B of this section must be
transported to a materials handling, recovery, transfer, or disposal facility, or other site
permitted by the state in accordance with all applicable laws and regulations or reused.
8.36.040 Collection arrangements required.
In order to protect the public health, safety, and well-being and to prevent the spread
of vectors, the person responsible for the day-to-day activities or operations of each
residential premises and each commercial premises within the city at which solid waste
is generated or accumulated shall either make arrangements with a solid waste
enterprise for the collection of solid waste, as set forth in this chapter, or obtain an
exemption or self-haul permit from the administrative authority, as provided for in
Section 8.36.045 and then to implement measures to reach the diversion and other
goals mandated by the California Integrated Waste Management Act of 1989, as it may
be amended from time to time. If the administrative authority determines that the person
in charge of day-to-day activities or operations at any residential or commercial
premises has failed to subscribe for collection service as required by this chapter, a
written notice may be sent informing the violation and requirements of this chapter. If
the person responsible for day-to-day activities or operations does not subscribe to
service within seventy-two (72) hours of the notice, or obtain an exemption per Section
8.36.045, the person is in violation of this chapter.
8.36.045 Exemption from collection requirements.
The person responsible for day-to-day activities or operations at each premises may
apply to the city for an exemption from subscribing to solid waste collection service
pursuant to this chapter. This person would be required to obtain a solid waste self-haul
permit per Article VII of this chapter, and if approved for an exemption, is required to
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submit reports to the administrative authority identifying the disposition of all generated
solid waste, by amount and location, demonstrating that a minimum of fifty percent
(50%) of the solid waste generated was diverted from landfill disposal, and
demonstrating that all material was handled in accordance with applicable law.
8.36.050 Final determination of service levels and pickup locations by city.
The administrative authority may make the final determination as to where
containers shall be located for collection and storage, and the proper service level,
including number and size of containers and frequency of solid waste collection. Prior
to, or absent alternative direction from the administrative authority, customers and solid
waste enterprises may select service levels and container locations.
8.36.060 Containers.
A. Each collector must provide and maintain containers for the temporary storage
and disposal of solid waste for both commercial and residential customers of the
collector pursuant to the terms this chapter and any franchise.
B. Containers must be constructed of metal, plastic, or other material approved by
the city manager and residential containers must possess a fire resistant lid, which shall
be utilized at all times. All bins must be rented or purchased by the person responsible
for day-to-day activities or operations at each commercial and residential premises from
collector.
C. Containers must be capable of holding without spilling, leaking or emitting
excessive odors, all solid waste which would ordinarily accumulate on the premises
between successive collections. The size of containers must be consistent with city
regulations or the provisions of the applicable franchise agreement.
D. The person responsible for day-to-day activities or operations for each
commercial and residential premises must maintain solid waste containers in a clean,
safe and sanitary condition.
8.36.070 Placement of containers and bulky items.
A. No person may place or cause to be placed for collection solid waste or any
container containing solid waste or any bulky Item, at any place or in any manner other
than specified in this chapter or franchise agreement.
B. Any container or bulky item permitted to be placed for collection adjacent to a
street must be placed behind but as close to the curbline or the street right-of-way line
as practicable. Any such container or solid waste permitted to be placed for collection
adjacent to an alley must be placed on the premises as close to the property line as
practicable.
C. No person may place a container or bulky item adjacent to a street, alley, or
public right-of-way before five-thirty (5:30) p.m. on the day before the collection day set
by the collector. All containers and bulky items permitted to be placed for collection
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must be placed in a proper collection location before seven (7:00) a.m. on the day of
collection.
D. After the collection of solid waste, each container must be promptly removed no
later than ten (10:00) p.m. on the day of collection and returned to a location on the
premises where the container cannot be viewed from the street and that is screened
from public view. No container shall be stored on a premises side yard that abuts any
public street or in any premises front yard.
E. No container shall be placed on any public right-of-way other than on collection
days without an encroachment permit having been obtained from the city pursuant to
the code.
8.36.075 Recyclable materials and recyclable solid waste collection.
A. Upon placement of recyclable materials and/or recyclable solid waste from a
residential premises at a designated collection location, or placement of recyclable
materials and/or recyclable solid waste in a container provided by a solid waste collector
for collection of recyclable materials and/or solid waste at a commercial premises, the
recyclable materials become the property of the solid waste collector by operation of
state law. See Public Resources Code Section 41950(c) as it may be amended from
time to time.
B. The recycling or disposal of any recyclable material which has become part of
the solid waste stream by having been discarded shall be in accordance with the
provisions of this chapter.
C. Except as provided below, nothing in this chapter shall limit the right of any
person responsible for the day-to-day activities or operations at all premises, to sell
recyclable material owned by that person, or to donate recyclable material to a charity
or any other entity other than a collector.
D. If the person responsible for day-to-day activities or operations sells or donates
recyclable material pays the buyer or the donee any consideration for collecting,
processing, recycling, transporting, or disposing of the recyclable material, the
transaction shall not be regarded as a sale or donation of recyclable material, but as an
arrangement for the disposal of solid waste and shall be subject to this chapter.
8.36.080 Green waste collection.
Green waste shall be cut into pieces not to exceed four (4) feet in length and six (6)
inches in diameter before being placed out for collection in a container. Green waste
shall be placed in containers designated for the collection of green waste. Green waste
shall not be contaminated with other forms of solid waste or hazardous waste. No
person shall mix green waste with other forms of solid waste, nor contaminate green
waste with any other substance, unless specifically permitted by the city or a solid waste
franchisee.
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8.36.085 Composting.
The provisions of this chapter do not prohibit an individual or entity from composting
green waste material as long as the compost pile, compost bin, or compost container is
not visible from the street and conforms to applicable zoning and state regulations.
Article II. Unauthorized Containers
8.36.220 Placement of unauthorized containers—Prohibited.
No person other than an authorized solid waste collector shall place an unauthorized
container for the accumulation of solid waste on any public right-of-way or at any
premises within the city or collect any solid waste from any premises or permit or suffer
a solid waste container to remain in any place within the city that has not been placed
by an authorized solid waste collector. Each day any person other than an authorized
solid waste collector shall collect any solid waste from any premises or place an
unauthorized container for the accumulation of solid waste at any premises within the
city, or permit or suffer a solid waste container that is unauthorized to remain in any
place within the city shall constitute a separate offense and shall be a nuisance and
shall be subject to removal pursuant to the process identified below and enforcement as
stipulated in the code.
8.36.230 Removal of unauthorized containers.
A. The administrative authority may cause the posting of a notice to remove, as
described below, to be affixed in a conspicuous place on any unauthorized container
placed on any public right-of-way or public or private property within the city, and on
private property upon receiving permission from the person in charge of day-to-day
activities or operations of the premises or the property owner, in violation of this chapter
in accordance with any applicable law. The notice to remove posted pursuant to this
subsection shall specify the nature of the violation and shall state that the unauthorized
container must be removed within twenty-four (24) hours or by a specific date and time
as determined by the administrative authority on a case by case basis or it may be
impounded and held by the city franchise solid waste collector responsible for the public
or private property location where the container was caused to be placed, and the
contents disposed of, at the expense of the owner thereof. The posting of a notice to
remove shall constitute constructive notice to the owner and user of the requirement to
remove the unauthorized container.
B. If the unauthorized container is not removed within twenty-four (24) hours after
the notice to remove is posted or by the date and time specified on the notice, the
administrative authority may direct the impoundment and storage of the unauthorized
container and its contents if they contain solid waste. The administrative authority may
direct the lawful disposal of an unauthorized container’s contents by the city franchisee,
or any other qualified party as directed by the administrative authority, if the contents
consist of putrescible matter, medical waste, or hazardous waste. The contents shall be
deemed to consist of solid waste, whether or not some or all of the contents are
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potentially recyclable. In all cases where the owner of the unauthorized container,
whether acting alone or in concert with others, including any affiliate, agent, broker or
subcontractor, has solicited, accepted or arranged for, directly or indirectly, the payment
of a fee or other consideration in any form or amount from the customer in exchange for
rendering all or any aspect of the service for which the container was supplied, the
owner of the container shall reimburse the city franchisee for the actual cost of
impoundment, storage and disposal of the contents of the container. All amounts due to
the city franchisee for the cost of impoundment and disposal must be paid before the
container may be returned to the owner. Such amounts shall constitute a civil debt owed
by the owner to the city franchisee, and the owner shall be liable to the city franchisee in
an action brought by the city franchisee for the recovery of such amounts. If the identity
of the owner of the container is known or can be ascertained by an inspection of the
container, the administrative authority shall provide a written notice to the owner at the
last known address of the owner based upon a review of public record advising the
owner that the container has been impounded and the location where the container will
be stored, if the identity of the owner of the container is not known and cannot be
ascertained by an inspection of the container, the administrative authority shall provide
a written notice to the person responsible for day-to-day activities or operations at the
premises where the container is located. If it cannot be determined that the container is
associated with a premise, the container itself shall be posted with a notice.
C. The owner of the container may contest the administrative authority’s claim that
the container was illegally placed or left standing by giving written notice to the
administrative authority within ten (10) calendar days of receipt of written notification
from the city that the container was impounded. Where the owner asserts that the
placement or use of the container was for a permitted salvage activity not otherwise
proscribed by this chapter, the owner shall provide the administrative authority with
information to substantiate that assertion. Said information shall be submitted with the
notice from the owner and shall include, at a minimum, the following:
1. Description of the materials of value deposited in the container and an estimate
of their value.
2. Address, telephone number and contact person of the facility or facilities with
whom the owner has arranged for the contents to be processed or recycled, and proof
of that arrangement.
3. Evidence that the facility or facilities where the contents are destined to be
processed or recycled carries all requisite approvals, permits, or other forms of
authorization required by any governmental agency having jurisdiction, to conduct
processing or recycling activities.
4. A declaration from the customer receiving service, signed under penalty of
perjury, that the customer was charged no fee from the service provider in exchange for
service, and that the contents of the container were either donated or sold by the
customer to the service provider/owner.
5. The administrative authority shall have the right to request such additional
information within thirty (30) days of receipt of items (C)(1)—(C)(4) of this section as
may be necessary or useful in determining the validity of the owner’s contest.
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6. If the administrative authority determines, in the exercise of reasonable
discretion, that the owner has supplied evidence sufficient to support it obtained all
licenses, permits, and other required city approval and that it can support its contention
that it was engaged in a permitted salvage activity involving sold materials, the
container shall be returned to the owner without any charge for removal or storage of
same.
D. If a container that has been impounded pursuant to this section is not claimed
within thirty (30) days after removal and notice to the owner, the container and its
contents shall be deemed abandoned property and may be disposed of accordingly.
Where the contents present imminent threat to public health and safety or consist of
putrescible matter, medical waste or hazardous waste, as determined by the
administrative authority, the waste may be processed or disposed of without awaiting
the expiration of the thirty (30) day claim period.
E. After an unauthorized container has once been removed by the city pursuant to
this article, the owner thereof shall be deemed to have actual notice of the provisions of
this article, including the prohibition against the placement of unauthorized containers.
In the event of a subsequent placement of a container owned by the same owner, or an
affiliate of the owner, that is in violation of this chapter, the administrative authority may
immediately, without the posting of a notice to remove pursuant to subsection A of this
section, direct the impoundment of the unauthorized container and shall, in such case,
give notice to the owner to claim the container pursuant to subsection B of this section.
In such event, the owner shall, subject to the provisions of subsection C of this section,
be responsible to reimburse the city and city franchisee for the actual cost of such
removal, storage and disposal, and administrative costs which shall be paid by the
owner before the container may be returned to the owner. If the container is unclaimed
after notice is mailed to the owner and the expiration of the period set forth in
subsection D of this section, the container and its contents shall be deemed abandoned
property and may be disposed of accordingly.
F. The fees required by this section shall be established by resolution of the city
council.
Article III. Solid Waste Franchises, Fees, Equipment,
Collection, and Collection Activities
8.36.320 Solid waste franchise requirements.
The city council may award exclusive, partially exclusive, or nonexclusive solid waste
franchises per Section 8.36.030. Any such solid waste franchises shall be in the form of
a written agreement, granted by the city council by at least three (3) affirmative votes.
Where a franchise agreement is silent on an issue, the provisions of this chapter shall
govern. Where a franchise agreement predates the effective date of the ordinance
codified in this chapter, the provisions of the franchise agreement shall govern over any
inconsistent provisions contained in this chapter.
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8.36.325 Contents of franchise.
A. A solid waste franchise may be granted on such terms and conditions as the city
council in its sole discretion shall establish as matters of local concern. At a minimum, a
solid waste franchise shall name the solid waste enterprise and shall provide:
1. The franchisee shall comply with the provisions of this chapter.
2. The franchisee shall be required to protect, defend, indemnify, and hold the city
harmless from liability, including but not limited to liability under the Resource
Conservation and Recovery Act of 1983 (“RCRA”), 42 U.S.C. Section 6901 et seq.), AB
939, the Comprehensive Environmental Response, Compensation and Liability Act
(“CERCLA”), 42 U.S.C. Section 9601 et seq., or the Carpenter-Presley-Tanner
Hazardous Substance Account Act (“HSAA”), California Health and Safety Code
Section 25300 et seq., and all future amendments to any of them, as they may be
amended from time to time, and all regulations implementing these acts and all
applicable laws governing universal wastes. The city may require that such obligation
be secured by a guarantee.
3. The franchisee shall be required to cooperate with the city in solid waste
disposal characterization studies or other waste stream audits and to submit other
information required by the city to meet the reporting requirements of AB 939, or any
other law or regulation, and to implement measures consistent with the city’s reduction
and recycling objectives in order for the city to reach the diversion and other goals
mandated by the state, including but not limited to the Act and Public Resources Code
Section 41780(a)(2) as they may be amended from time to time.
4. The city council may set maximum and/or minimum rates for solid waste
services including but not limited to maximum rates by category such as single-family
residential, multi-family, and commercial.
5. The franchisee shall be required to collect all fees and charges billed or
collected by each franchisee for its franchised services must not exceed the maximum
schedule of fees and charges approved by the city council.
6. The city shall have the right to provide for substitute collection services upon
the default of a franchise under a franchise agreement at the cost of the franchisee,
including a liquidated damages provision.
7. The franchisee shall restrict assignment except as approved by the city council.
8. The city shall have the right to mandate commercial recycling and the
franchisee shall be required to facilitate its implementation.
B. Each franchisee, at all times during the term of its franchise, must maintain
liability insurance with companies and in such specified and reasonable amounts and
coverage’s as required by the franchise agreement. In addition, each such franchisee
must maintain during the term of its franchise, workers’ compensation insurance
coverage as required by law, or have in place a legally approved qualified self-
insurance plan for such workers’ compensation coverage, and any other insurance
requirements and endorsement forms as specified by city and required by the franchise
agreement.
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C. Each franchisee must, at all times during the term if its franchise, maintain on
file with the city clerk proof of insurance evidencing the existence of all required
insurance coverage in such reasonable form as approved by the city attorney.
D. In deciding whether to grant a franchise, the city council may consider, among
other factors, those listed in Section 8.36.325 and a solid waste enterprises past
adherence to city codes, ordinances, franchise agreements, etc. Any applicant who
previously had a franchise revoked shall be debarred from applying for another
franchise for a period of three (3) years.
8.36.330 Fees.
A. Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code,
Section 41900 et seq., the city may levy fees upon solid waste enterprises and solid
waste service recipients for planning, developing and administering: (1) any program
regarding solid waste, household hazardous waste, recyclable solid wastes and/or
green waste, including related collection, transfer, disposal, processing, auditing, and
planning activities; and (2) any program for responding to releases and spills of solid
wastes which have the characteristics of hazardous substances. Such fees may include
charges for the use of disposal facilities and may include costs of preparing and
implementing source reduction and recycling elements, household hazardous waste
elements and integrated waste management plans. The city may collect such fees by
such means as the city council may elect.
B. The city council, by resolution, may waive fees for recyclable solid waste
haulers and for collectors of green wastes who transport such green waste to a
compostable materials handling facility or a green waste composting facility, as defined
in Title 14 CCR Section 17852, as it may be amended from time to time, or other site
permitted (or exempt from permitting) by the state in accordance with all governing laws
and regulations, and who report all such deliveries to the city.
8.36.340 Revocation, suspension, or termination of solid waste franchises.
A. Any solid waste franchise issued or recognized under this chapter is subject to
revocation, suspension, or termination for cause if engaging in any act or conduct which
falls in any one (1) or more of the following categories:
1. Operating the solid waste enterprise in a manner contrary to the public health,
safety, well-being, peace, welfare, morals, or which are found to constitute a public
nuisance.
2. Violating any regulation of the state, the California Department of Toxic
Substances Control, the California Air Resources Board, or any of their respective
successor agencies, a local enforcement agency, the Moorpark Municipal Code, or any
material condition of a franchise affecting public health and safety in the city.
3. Violating any federal or state law in which the franchisee or any of its officers,
directors, or employees are found guilty of any crime related to the performance of the
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franchise agreement, of any crime related to anti-trust activities, illegal transport, or
disposal of hazardous or toxic materials, or bribery of public officials.
4. Engaging in fraud or deceit upon the city, made or makes or uses any false,
fictitious or fraudulent statements or representations, or practiced any fraud or deceit or
made any false, fictitious statements or representations in connection with the issuance
or renewal of the franchise.
5. Becoming insolvent, unable or unwilling to pay its debts, including payment of
fees due to the city, or having a receiver or trustee appointed to take over and conduct
the business of the franchisee whether in a receivership, reorganization, or bankruptcy
proceeding.
6. Failing to provide or maintain in full force and effect the workers compensation,
liability, and indemnification coverage or cash bond or other guarantee as required.
7. Violating any order or ruling of any regulatory body with respect to solid waste
handled or collected within the city, except that such order or ruling may be contested
by appropriate proceedings conducted in good faith, in which case no violation shall be
deemed to have occurred until a final decision adverse to the solid waste enterprise is
entered.
B. Investigation. If the administrative authority determines that: (1) the continuing
performance of a franchise in the city may not be in conformity with reasonable industry
standards applicable in Ventura County or provided under the “Act,” including, but not
limited to, requirements for implementing diversion, source reduction and recycling, or
any other applicable federal, state or local law or regulation, including but not limited to
the laws governing transfer, storage, or disposal of solid waste and hazardous waste,
universal wastes, and diversion rates required of the city by Public Resources Code
Section 41780(a)(2) as it may be amended from time to time, or this chapter; or (2) a
franchisee is in default of the terms of its franchise, the administrative authority shall
advise the franchisee in writing of such suspected deficiencies. In any written
notification of deficiencies, the administrative authority shall set a reasonable time within
which the franchisee is to correct the deficiencies and respond. Unless otherwise
specified in the franchise, a reasonable time for response and correction of deficiencies
shall be thirty (30) days from the receipt of such written notice by the franchisee.
C. Response. At the expiration of the time set for response from the franchisee, the
administrative authority shall review the record, including any written response from the
franchisee to the notice of deficiencies, and take either of the following actions: (1)
resolve the matter in favor of the franchisee; or (2) order remedial action to cure any
breach. In either event, the administrative authority shall inform the franchisee in writing
of the decision. A decision or order of the administrative authority shall be final and
conclusive unless the franchisee files a notice of appeal to the city council with the city
clerk (with a copy to the city manager and the city attorney) within ten (10) days of
mailing of the decision. The notice of appeal to the city council shall state the legal basis
and all legal and factual contentions of the franchisee and shall include all evidence,
including, but not limited to, affidavits, documents, photographs, CDs, and DVDs. A
notice to appeal to the city council shall not be accepted by the city clerk for filing unless
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accompanied by a notice of appeal filing fee in an amount to be set by city council
resolution.
D. Public Hearing. Within sixty (60) business days of receipt by the city clerk of a
notice to appeal to the city council, the city council shall set the matter for a public
hearing. The city clerk shall give written notice of the time and place of the hearing, as
well as publish such notice as required for public hearings. At the hearing, the city
council shall consider the administrative record, including the notice of deficiency, the
franchisee’s response, the administrative authority’s written decision, and the
franchisee’s notice of appeal to the city council. The city council shall also give the
franchisee, or its representatives and any other interested person a reasonable
opportunity to be heard. The proceedings before the council shall be an informal
administrative hearing and the rules of evidence, as generally applied in judicial
proceedings, shall not be applicable.
E. Determination. Based on the administrative record, the city council shall
determine by resolution whether the administrative authority’s decision should be
upheld. A tie vote of the city council shall be regarded as upholding the administrative
authority’s decision. If, based upon the record, the city council determines that the
franchisee is in breach of any material provision of the franchise, or other cause for
termination of the franchise, or decides to order the franchisee to cease operations in
the city, the city council in the exercise of its sole discretion, may order remedial actions
to cure the breach, or terminate forthwith the franchise or order operations in the city to
cease. The decision of the city council shall be final and conclusive.
8.36.345 Restrictions on transfer of solid waste franchises.
A solid waste franchise of the city will not be transferable, except as follows.
A. A franchise may not be transferred, sold, sublet or assigned, nor shall any of the
rights or privileges therein be leased, assigned, sold or transferred either in whole or in
part, nor shall title thereto, either legal or equitable, or any right, interest or property
therein, pass to or vest in any person, either by act of the franchisee or by operation of
law without the prior written consent of the city council and as set forth in the franchise
agreement.
B. An application for a transfer of a franchise must be made in a manner
prescribed by the administrative authority. The application must include a franchise
transfer application fee in an amount to be established by resolution of the city council,
to cover the anticipated cost of all reasonable and customary direct and indirect
administrative expenses including, but not limited to, consultants’ and attorneys’ fees
and costs, necessary to analyze the application and to reimburse the city for direct and
indirect expenses. In addition, the franchisee must reimburse the city for all reasonable
consultants, attorneys’ and staff costs not covered by the franchise transfer application
fee, whether or not the city approves the application for transfer. The city’s demand for
reimbursement shall be supported by evidence of the expenses and costs incurred. The
franchisee and the applicant for transfer will be jointly and severally liable for the
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payment of any reasonable consultants’, attorneys’ and staff costs not covered by the
franchise transfer application fee.
C. The applicant for a transfer of a franchise will have the burden of demonstrating
that it has the operational and financial ability to meet all obligations of the franchise.
D. The city may withhold its consent to a transfer of the franchise and may require
amendment of any franchise as a condition of approval of the transfer of any franchise.
8.36.350 Collection rates.
A. The maximum rates to be charged to customers for collection of solid waste
from residential and commercial premises shall be as prescribed and set forth in the
rate schedule to be established by resolution of the city council.
B. At a noticed public hearing, the city council may establish, by resolution, a
ceiling on the amounts of charges a franchisee may charge for solid waste collection in
addition to any required fees. Except as provided in subsection D, or as otherwise
provided in a franchise agreement the city council will consider adjustments to the
maximum permitted charges once per calendar year. The maximum rates may not be
increased without prior written approval of the city council by resolution.
C. At the conclusion of the public hearing, the city council shall have the power to
approve, deny or modify in any respect or particular instance the schedule of rates for
the collection of solid waste from commercial or residential premises in the city, based
upon the fairness of the rate increase to the franchisee and whether or not said increase
will be detrimental or injurious to the affected customers, and shall thereafter, by
resolution adopt a rate schedule for collection of solid waste.
D. The franchisee may petition the city council for an increase in the maximum rate
to offset unusual changes in the franchisee’s costs of doing business, such as revised
federal, state or county laws, ordinances or regulations, significant changes in disposal
charges, or change of disposal sites or processing facilities.
8.36.355 Liability for collection charges and fees.
A. The person in charge of day-to-day activities or operations of any residential
and commercial premises is required by this chapter to have solid waste collection
service or a self-haul exemption permit and shall be liable for all applicable fees and
charges pertaining to such collection, and/or is subject to self-haul requirements in
accordance with Article VII of this chapter.
B. To protect public health, safety, and well-being and to control the spread of
vectors, the person responsible for day-to-day activities or operations of each residential
and commercial premises in the city at which solid waste is generated or accumulated
shall make arrangements for collection, recycling, and disposal of that waste generated
or accumulated on those premises in accordance with the requirements of this chapter,
or shall obtain a self-haul permit in accordance with Article VII of this chapter. The fees
and charges, plus any interest or penalties, shall be due and payable on the date stated
on the bill. The person responsible for day-to-day activities or operations of each
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premises in the city at which solid waste subject to this chapter is generated or
accumulated, and which is not self-hauled, shall be liable for payment of all charges for
solid waste services, including any interest or penalties, or any recycling charges.
8.36.360 Collection equipment.
A. Any truck or vehicle used for collection and/or transportation of solid waste,
hazardous waste, or medical waste under the provisions of this chapter shall be
required to adhere to the standards set forth below and, if applicable, detailed further
within the franchise agreement:
1. Be completely enclosed with a non-absorbent, close-fitting cover while
transporting such waste in or through the city. “Completely enclosed with a non-
absorbent, close-fitting cover” means that the waste will not be visible from the street,
shall contain offensive odors, and shall prevent any waste from spilling, dropping,
leaking, or blowing off of or out of any solid waste truck or vehicle and become
deposited along the public right-of-way during collection or transportation.
2. At all times have in the cab thereof the registration of the truck or vehicle, a
copy of the permit issued by the city, if applicable, a certificate of insurance, and an
identification card with the name of a person to telephone in case of an accident or
emergency. Each truck shall also be equipped with a minimum five (5) pound fire
extinguisher certified by the California State Fire Marshal and recharged as needed, but
not less than once annually.
3. Be identified with the franchisee’s name and have a unique vehicle number
displayed in a prominent location.
4. Be made available for inspection at the discretion of the administrative authority
at any point of operation and be properly maintained, kept clean, and in good repair at
all times.
5. To protect public health, safety, and quiet enjoyment of the city’s residents, the
noise level for collection vehicles during the stationary compaction process shall not
exceed seventy-five (75) A-weighted decibels (dBA) at a distance of twenty-five (25)
feet from the collection vehicle and at an elevation of five (5) feet from the horizontal
base of such vehicles.
B. Any collection container provided by the franchisee or collector to any
residential or commercial customer for the collection of solid waste within the city must:
1. Be labeled clearly with the name of the franchisee or collector, the telephone
number of the franchisee or collector, and a unique identifier.
2. Be marked or posted with information stating the container is not to be used for
disposal of hazardous waste. Commercial bins shall have conspicuous notices on each
side of the commercial bin that states the bin is not to be used for disposal of hazardous
waste.
3. Be maintained in a manner that protects public health and safety and prevents
the spread of vectors.
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4. Be maintained free from any exterior paint or markings, commonly referred to
as “graffiti” or “tagging” and upon notification by the administrative authority of any such
markings on a container identified by address or unique identifier, such markings must
be removed or painted over within twenty-four (24) hours from notification.
8.36.365 Clean up of solid waste spills.
A. Any person or entity handling and transporting solid waste, including recyclable
solid waste and green waste, within the city must clean up immediately, or arrange for
the immediate clean up, of any solid waste or liquid waste released, spilled or dumped
into the environment during collection, handling, or transport within the city by such
person or any vehicle fluid spill from collector’s vehicles.
B. Until solid waste has been picked up by a franchisee or collector, or is self-
hauled, the person in charge of the day-to-day activities or operations of each
residential and commercial premises in the city shall be responsible for the cleanup of
any and all solid waste generated, deposited, released, spilled, leaked, pumped,
poured, emitted, emptied, discharged, injected, dumped, or disposed into the
environment, or which has come to be located outside an authorized container on, at, or
in the premises of which the person is in charge. This cleanup responsibility includes
the cleanup of solid waste, including recyclable solid waste and green waste which has
come to be located outside an authorized container for the collection of such solid
waste, notwithstanding human or animal interference with a container, wind, or other
natural forces and whether during storage, collection, removal, or transfer. For purposes
of this section, the term “disposed into the environment” shall include, but not be limited
to, the abandonment of or discarding of barrels, containers, and other closed
receptacles of solid waste or liquid waste of any kind whatsoever.
C. Each franchisee or collector shall clean up any solid waste spilled or otherwise
released or discharged into the environment during its collection, removal, or transfer
immediately upon the occurrence of the spill, release or discharge in a manner
approved by the administrative authority and is to inform the city verbally of the
occurrence immediately and with a written report within two (2) hours of the incident.
Each franchisee or collector shall clean up any leaks or spills from their vehicles and
equipment per the NPDES permit currently in effect in city. No fluids shall be washed
into storm drains at any time. All NPDES dry-cleaning measures shall be complied with.
8.36.370 Frequency and hours of collection.
A. All solid waste collection from residential premises and commercial premises
adjacent to residential premises shall be made between the hours of seven (7:00) a.m.
and six (6:00) p.m., Monday through Friday, and on Saturday as specified in subsection
D of this section.
B. All solid waste collection from commercial premises not adjacent to residential
premises shall be made between the hours of six (6:00) a.m. and six (6:00) p.m.,
Monday through Friday and between the hours of eight (8:00) a.m. and three (3:00)
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p.m. on Saturday. At no time is collection allowed on Sunday except as specified in
subsection D of this section.
C. No residential or commercial solid waste collector shall collect or transport solid
waste within two hundred (200) feet of a public or private elementary, middle or high
school during the one-half (½) hour before the commencement of the regular school day
and one-half (½) hour following the conclusion of the regular school day. It shall be the
responsibility of the collector or drop box transporter to ascertain the various starting
and ending times for schools within the city.
D. Whenever a holiday recognized by the city or any approved disposal site falls
upon a regularly scheduled collection day, the solid waste scheduled for collection that
day, and for the remainder of the week, may be picked up one day later than scheduled
following specified guidelines in subsections A through C of this section. Commercial
collection scheduled for Saturday may be picked up on Sunday between the hours of
ten (10:00) a.m. and three (3:00) p.m.
8.36.380 Special collection.
The person responsible for the day-to-day activities or operations at each residential
and commercial premises in the city may order special collections of such things as
bulky waste, C&D material, and temporary bin services through a city franchisee or
authorized collector only.
8.36.385 Franchisee remedies.
Nothing in this chapter shall be deemed to limit the right of a franchisee or the city to
bring a civil action against any person who violates this chapter, nor shall a conviction
for such violation exempt any person from a civil action brought by a franchisee or the
city.
8.36.390 City right of provision modification.
In addition to the requirements of this chapter and the provisions of a franchise
agreement, the city specifically retains the right to repeal, amend, add to, or modify
each and every provision of this chapter and the city, city council, or city manager may
issue written regulations and policies to implement the provisions of this chapter.
Article IV. Unlawful and Prohibited Acts
8.36.420 Unlawful collection.
A. To protect public health, safety, and well-being, no person except a city
employee or a franchisee or authorized collector or self-haul permittee recognized by
the city, or entity authorized under Article VII of this chapter shall collect or remove any
solid waste or green waste from any premises within the city.
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B. No person except a city employee or a franchisee or authorized collector or self-
haul permittee recognized by the city, or entity authorized under Article VII of this
chapter, shall place a container owned by the franchisee, collector, or contractor for the
accumulation of solid waste at any premises within the city or collect any solid waste
from any premises or permit or suffer a solid waste container to remain in any place
within the city that has not been placed by an authorized solid waste collector. Each day
any person other than a franchisee, collector or entity as described above shall collect
any solid waste from any premises or place a container for the accumulation of solid
waste at any premises within the city, or permit or suffer a solid waste container to
remain in any place within the city shall constitute a separate offense and shall be a
nuisance.
8.36.425 Use of containers required.
To protect public health, safety, and well-being and to control the spread of vectors,
no person other than a self-haul permittee pursuant to this chapter, or a contractor
performing work within the scope of that contractors license according with Section
8.36.750 of this chapter, shall keep solid waste, including green waste, in any container
other than a container approved by a franchisee or the city; nor shall any person place
solid waste in any container provided by a non-franchised solid waste hauler (except
pursuant to Articles VI or VII of this chapter); nor shall any person accumulate solid
waste for more than fourteen (14) consecutive days; nor shall any person keep upon
any premises in the city, solid waste which is offensive, obnoxious, or unsanitary. All of
the foregoing is unlawful, constitutes a public nuisance and may be abated in the
manner now or hereafter provided by law for the abatement of nuisances.
8.36.430 Removal of solid waste containers.
No person, other than the person responsible for day-to-day activities or operations
at any commercial or residential premises or a solid waste collector, may remove or
move any container from the location where the container was placed for storage or
collection without the prior written approval of the responsible person.
8.36.435 Collection of solid waste—Disposal.
No person responsible for day-to-day activities or operations at any commercial or
residential premises shall collect, enter into an agreement to collect, or provide for the
collection, transportation or disposal of solid waste, unless such person or persons is
authorized by the city to operate within the city by means of a license, franchise,
contract, permit, operations agreement or otherwise. All solid waste created, produced
or accumulated in or about residential or commercial premises in the city shall be
collected at least once per week. No person who is the occupant or responsible party of
any residential or commercial premises shall fail or neglect to provide for the collection
of solid waste at least as often as prescribed in this chapter. Unless otherwise permitted
by this chapter, the party responsible for day-to-day activities or operations of any
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residential or commercial premises shall subscribe to or arrange for collection of solid
waste from such premises by the franchisee. The franchisee shall dispose of solid
waste collected pursuant to this chapter and the agreement in a manner satisfactory to
the city and in accordance with all federal, state and local laws and regulations.
8.36.440 Use of container of another.
To protect public health, safety, and well-being and to prevent the contamination of
solid waste, including recyclable solid waste and green waste, no person shall place
solid waste in, or otherwise use the solid waste container, including a recyclable solid
waste, green waste, or other waste container, of another, without the prior written
permission of such other person.
8.36.445 Use of civic solid waste containers.
To protect public health, safety, and well being, no person shall place or deposit
residential or commercial solid waste, industrial waste, special waste, medical waste,
electronic waste, universal waste or other hazardous waste in any civic solid waste
container.
8.36.450 Burning of solid waste.
No person may cause or permit the burning of any solid waste within the city, except
in an approved incinerator, transformation facility, conversion technology facility or other
device for which a permit has been issued and which complies with all applicable permit
and other regulations of air pollution control authorities and provided any such act of
burning in all respects complies with all other laws, rules, and regulations.
8.36.460 Dumping of solid waste prohibited.
No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty,
discharge, inject, bury, or dispose into the environment any solid or liquid waste upon
any premises within the city, or to cause, suffer, or permit any solid or liquid waste to
come to be located upon any premises in the city, except in an authorized or permitted
solid waste container or at an authorized or permitted solid waste facility approved for
that type of waste.
8.36.470 Commingling of green waste with other forms of waste prohibited.
No person may place or cause to be placed for collection any accepted green waste
in any container designated for the collection of any other form of solid waste or
recyclable material.
8.36.480 Scavenging.
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It is unlawful for anyone other than the owner of the recyclable materials, or
recyclable solid waste, to remove recyclable materials or recyclable solid waste placed
for collection in their containers labeled for use in connection with a recycling program
sponsored by the city or authorized franchise or collector.
8.36.490 Public nuisance.
To protect public health, safety, and well-being and to prevent the spread of vectors,
it is unlawful and a public nuisance for any person or entity to violate any term of this
chapter. For these same reasons, it is a public nuisance for any person or entity to
occupy, inhabit, maintain, or to be in day-to-day control of any premises within the city
which generates solid waste for which arrangements have not been made with a
franchisee or authorized collector, or without obtaining a self-haul permit from the city;
for regular collection and removal of solid waste, including recyclable solid waste and
green waste.
Article V. Large Event and Large Venue Waste Management
8.36.500 Purpose.
The purpose of this article is to reduce solid waste from large events and large
venues by requiring those who hold large events and operate large venues to develop
and implement waste management plans to reduce solid waste placed in landfills and to
report diversion and recycling to the city.
8.36.510 Application of section to large events and large venues.
A. Large events and large venues shall meet the requirements of and shall comply
with all provisions of this chapter.
B. The following large events and large venues are subject to the requirements of
this chapter:
1. All events charging an admission price or for which an applicant seeks
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 or anticipated to be attended by an average of more than two thousand
(2,000) individuals per day of operation.
2. All venues that annually seat or serve an average of more than two thousand
(2,000) individuals per day of operation, including but not limited to, convention centers,
community centers, golf clubs, amusement parks, recreational parks, theaters and
concert halls located with the city.
C. The city may charge and collect a fee from an operator of a large event or large
venue in an amount to be established by resolution of the city council to recover the
city’s estimated costs incurred in complying with this article.
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8.36.520 Waste management plan requirements.
A. All large event applicants shall develop and submit to the administrative
authority a waste management plan for reducing and recycling solid waste as part of the
application for a permit. The waste management plan shall include the following
information:
1. An estimate of the anticipated amount and type of solid waste generated and
material disposed and diverted from the event.
2. Proposed actions to reduce, reuse, and recycle the amount of solid waste
generated from the event.
3. Arrangements for separation, collection and diversion from landfills of reusable
and recyclable materials.
B. All large venues shall develop and submit to the administrative authority a waste
management plan on an annual basis on or before January 1 of each year. The waste
management plan shall include the following:
1. An estimate of the amount and type of waste generated and material disposed
and diverted from the venue.
2. The existing solid waste reduction, reuse and recycling programs that the
operator of the large venue utilizes.
C. All large event applicants and large event operators shall agree to use city
contracted franchisees or collectors for removal of solid waste, which may exclude
recyclables per prior written approval by the administrative authority, from the events
and venues. Applicants must identify the following information on their waste
management plan, including but not limited to, their plans to remove recyclables using
their own staff or volunteers, type of material being removed, amount of material being
removed, and where the material will be taken. Recycle weight tickets or receipts must
be submitted to the administrative authority and the plan must be followed before the
applicant shall be refunded their event security deposit, in part or in full, by the city.
D. All large event applicants and large venue operators shall agree to the following:
On or before October 1, 2011, and on or before October 1, annually thereafter, the
operator of a large venue shall meet with the administrative authority, franchisees
and/or collectors of the large venue to determine the appropriate waste reduction
programs to meet the requirements of this chapter.
8.36.530 Review of waste management plan.
A. Time for Review. A waste management plan shall be approved or rejected no
later than thirty (30) business days after a complete application for a permit is made for
a large event and or a waste management plan is submitted for a large venue.
B. Approval. The administrative authority may approve the plan subject to
conditions reasonably necessary to meet the standards of this chapter and may consult
with the city’s franchisee or collectors concerning the viability of the waste management
plan and compliance by large events and large venues with diversion requirements.
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Waste audits may be performed by the city or franchisee to verify compliance with the
approved waste plan. Notwithstanding any other provision of this chapter, no permit
shall be issued for any large event or large venue unless and until the waste
management plan has been approved, based upon the following findings by the
administrative authority:
1. All of the information required by Section 8.36.520 has been provided.
2. The plan establishes a mechanism to ensure that the diversion requirement will
be met.
C. Rejection. If the administrative authority rejects the waste management plan,
the grounds for rejection shall be clearly stated in writing.
8.36.540 Waste management compliance reporting.
A. Within thirty (30) days of the date(s) of the event(s) or monthly for large venues,
the large event or large venue operator shall provide a written report to the
administrative authority containing the following documentation:
1. A listing of waste reduction, reuse, recycling and diversion programs
implemented for the event or venue.
2. The type and weight of materials diverted and disposed at the event or venue
with appropriate supporting documentation.
8.36.550 Actions by the city.
When issuing a permit to an operator of a large event or large venue, the
administrative authority shall provide information to the operator that can be
implemented to reduce, reuse and recycle solid waste materials generated at the event
or venue and provide contact information about where solid waste materials may be
donated, recycled or composted. This information may include, but is not limited to,
providing information directing the operator of the large event or large venue to the state
web site or any other appropriate web site for information.
8.36.560 Penalties.
Any large event or large venue identified under this chapter as a large event or large
venue not complying with the waste management plan approved by the administrative
authority may be subject to non-refund of all or a portion of the security deposit
submitted with their permit application. Based on non-compliance the city may also
require additional processing of solid waste generated by the event or venue at an
additional cost to the operator to meet the diversion goals of the city.
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Article VI. Construction and Demolition Materials Management
8.36.600 Purpose.
The purpose of this article is to establish regulations to reduce landfill bound waste
from C&D projects by requiring applicants for every covered project, as defined herein,
to divert, or recycle, a minimum of sixty-five percent (65%), of material type by weight,
of the C&D material resulting from that project, including inert waste, in compliance with
state and local statutory goals and policies, and to create a mechanism to secure
compliance with said diversion requirements. Fees for the C&DMMP review process
and for the C&DMMP exemption process shall be established by resolution of the city
council.
8.36.620 Covered projects.
Except as otherwise provided in this code, each applicant for a permit required by
this code for a covered project shall also complete and submit a construction and
demolition materials management plan (C&DMMP) to the administrative authority
unless the project is an exempt project, as defined in Section 8.36.625.
No permit for a covered project shall be issued by the division of building and safety
unless the applicant for the permit has submitted a C&DMMP that has been reviewed
and approved by the administrative authority, or the project is an exempt project as
defined in Section 8.36.625. Review of applications for permits for covered projects by
the division of building and safety may be concurrent with the review of the C&DMMP
by the administrative authority but the permit shall not be issued until the C&DMMP has
been approved.
8.36.625 Exempt projects.
No C&DMMP or diversion security deposit shall be required for any of the following:
A. Work for which a building permit, demolition permit, and/or grading permit is not
required.
B. Any new residential or nonresidential construction project valued at less than
five hundred thousand dollars ($500,000.00) by the city’s building official.
C. Residential or nonresidential alterations valued at less than one hundred
thousand dollars ($100,000.00) by the city’s building official.
D. Projects for which only a plumbing permit, electrical permit, or mechanical
permit, or any combination thereof, is required.
E. Seismic tie-down projects.
G. Installation of swimming pools or spas.
H. Demolition or construction required to protect public health or safety in an
emergency, as defined in Public Resources Code Section 21060.3, as it may be
amended from time to time.
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I. Other work the administrative authority determines will not produce a significant
amount of C&D material.
8.36.630 City sponsored projects.
All of the city’s construction, demolition, and renovation projects, except as provided
below, and regardless of cost, shall be considered “covered projects” for the purposes
of this chapter and shall be subject to all applicable provisions of this chapter. Prior to
the start of any city construction or demolition activity, a C&DMMP shall be prepared by
the city designated project manager for approval by the administrative authority. The
city is not required to submit a diversion security deposit for city sponsored covered
projects. City projects limited to interior plumbing work, electrical work, or mechanical
work are not covered projects. City demolition or construction projects required to
protect public health or safety in an emergency, as defined in Public Resources Code
Section 21060.3, as it may be amended from time to time, are not a covered project.
8.36.635 Compliance as a condition of approval.
Compliance with this chapter shall be included as a condition of approval of any
permit issued for a covered project.
8.36.640 Construction and demolition materials management plan (C&DMMP).
Each applicant applying for a permit for any covered project shall complete and
submit to the administrative authority a C&DMMP, on a C&DMMP form approved by the
city manager for this purpose. The completed C&DMMP, at a minimum, must indicate
all the following:
A. The estimated weight of total project C&D materials, by material type, that will
be generated.
B. The maximum weight of all C&D materials, by material type, that are feasible to
divert, considering cost, energy consumption and delays, via reuse or recycling efforts.
C. The vendor or facility that the applicant proposes to use to collect, divert,
market, reuse, or receive the C&D materials, by type of material.
D. The estimated weight or residual C&D materials that would be transported for
disposal in a landfill or at a transformation facility.
E. The estimated weight of inert waste, by waste type, to be removed from the
waste stream and not disposed of in a solid waste landfill.
Each applicant will be provided information concerning a salvage audit and
encouraged to have a salvage audit conducted prior to commencing any deconstruction
project.
The C&DMMP must receive approval by the administrative authority prior to
issuance of any building and safety permit for the covered project.
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8.36.645 Calculating volume and weight of material.
In estimating the volume or weight of materials identified in the C&DMMP, the
applicant shall use the conversion rates approved by the city for this purpose.
8.36.650 Deconstruction.
In preparing the C&DMMP, applicants for demolition permits involving the removal of
all or part of an existing structure shall consider deconstruction to the maximum extent
feasible, and shall make the materials generated thereby available for salvage prior to
being transported for disposal in a landfill or transformation facility. Deconstruction can
be used to meet the diversion requirement provided it is accounted for in the C&DMMP.
8.36.655 C&DMMP diversion security deposits.
Each applicant for a permit for a covered project, except the city, shall submit a
construction and demolition diversion security deposit along with the C&DMMP. The
amount of the diversion security deposit shall be established by resolution of the city
council. The administrative authority may waive the diversion security deposit if the
diversion security deposit required pursuant to this section would be fifty dollars
($50.00) or less.
8.36.660 C&DMMP review approval.
Notwithstanding any other provisions of this code, no building or demolition permit
shall be issued for any covered project unless and until the administrative authority has
approved the C&DMMP. The administrative authority shall only approve a C&DMMP if it
is determined that all of the following conditions have been met:
A. The C&DMMP provides all of the information required in Section 8.36.640.
B. The C&DMMP indicates that the diversion requirement will be met.
C. The applicant has submitted an appropriate diversion security deposit in
compliance with Section 8.36.655.
If the administrative authority determines that these three conditions have been met,
the administrative authority shall mark the C&DMMP “Approved,” return a copy of the
C&DMMP to the applicant, and notify the division of building and safety that the
C&DMMP has been approved.
8.36.665 C&DMMP review denial.
If the administrative authority determines that the C&DMMP fails to meet the
conditions specified in Section 8.36.640, then the administrative authority shall either:
A. Return the C&DMMP to the applicant marked “Denied” including a statement of
reasons, and so notify the division of building and safety, which shall then hold the
project’s permit.
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B. Return the C&DMMP to the applicant marked “Further Explanation Required,”
including a statement of reasons, and so notify the division of building and safety, which
shall then hold the project’s permit.
If the applicant determines during the course of the project that the estimated
tonnage of C&D material to be generated and/or recovered or disposed of from the
project is substantially different from the C&DMMP, applicant shall submit an addendum
to the original C&DMMP.
8.36.670 Application for refund and return of diversion security deposits.
Within ninety (90) days after the final project permit sign-off of any covered project,
the applicant shall submit to the administrative authority documentation that the
applicant has met the diversion requirement for the approved project and apply for a
refund of the diversion security deposit. If documentation is not received by the
administrative authority as required by applicant, then applicant forfeits the diversion
security deposit. Applicant shall provide the following documentation:
A. The dates on which grading, building, paving, demolition, and/or construction
actually commenced and were completed.
B. Receipts and/or gate tickets from the vendor(s) or facility(ies) which collected or
received each type of C&D material showing the actual weight of each type of material,
or in the case of commingled C&D materials the aggregate weight of the materials and
the amount that was disposed, or in the case of inert waste, documentation proving
removal from the solid waste stream and non-disposal in a solid waste landfill.
C. Documentation proving material salvaged or reused in current project.
D. A copy of the previously approved C&DMMP for the project adding the actual
volume or weight of each material diverted and not disposed of in a solid waste landfill.
E. Any additional information the applicant believes is relevant to determining its
efforts to comply in good faith with this article.
8.36.675 Documentation of construction and demolition material diversion.
Applicants shall make reasonable efforts to ensure that all C&D material diverted or
delivered to disposal facilities for disposal, are measured and recorded using the most
accurate method of measurement available. To the extent practical, all C&D materials,
and inert waste to be removed from the waste stream and not disposed of in a solid
waste landfill, shall be weighed on scales. Such scales shall be in compliance with all
state and county regulatory requirements for accuracy and maintenance. For C&D
material for which weighing is not practical due to small size or other considerations, a
volumetric measurement shall be used. For conversion of volumetric measurements to
weight, the applicant shall use the standardized conversion rates approved by the city
for this purpose. Documentation of the foregoing shall consist of photocopies of
receipts, weight tickets, gate tickets, and other records from recycling facilities,
deconstruction contractors, solid waste enterprises and disposal facilities.
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8.36.680 Determination of compliance and release of diversion security deposit.
The administrative authority shall review the information submitted under Section
8.36.670 to determine whether the applicant has complied with the C&DMMP as
follows:
A. Full Compliance. If the administrative authority determines that the applicant has
fully complied with the C&DMMP requirements applicable to the project, the
administrative authority shall cause the full diversion security deposit to be released to
the applicant.
B. Good Faith Effort to Comply. If the administrative authority determines that the
C&DMMP has not been complied with, the administrative authority may determine
whether the applicant made a good faith effort to comply with this article. In making this
determination, the administrative authority shall consider the availability of markets for
the C&D materials transported for disposal in a landfill or transformation facility, the size
of the project, and documented efforts of the applicant to divert C&D materials and
remove inert waste from the waste stream. If the administrative authority determines
that the applicant has made a good faith effort to comply with this chapter, the
administrative authority shall approve the release of the diversion security deposit, or a
portion thereof, to the applicant. Any portion of the diversion security deposit not
released to the applicant shall be forfeited to the city.
C Failure to Comply. If the administrative authority determines that the applicant
has not made a good faith effort to comply with this article, or if the applicant failed to
submit the documentation required in Section 8.36.670, within the required time period,
then the diversion security deposit shall be retained by the city for purposes of
promoting recycling within the city.
D. Partial Refund. The administrative authority may authorize a partial refund of the
diversion security deposit when the diversion requirement has not been met. Any partial
refund shall be made in the same ratio as the demonstrated amount of diverted C&D
material and inert waste, respectively, waste bears to sixty-five percent (65%) by
weight. The remaining diversion security deposit non-refunded shall be forfeited to the
city.
E. Withdrawal of Permit Application. The administrative authority may authorize the
refund of any diversion security deposit of the permit application for a covered project is
withdrawn or cancelled prior to work commencing.
Diversion security deposits retained by the city may be used only for payment of
diversion security deposit refunds; costs to administer the program established by this
article; and cost of programs to achieve diversion of C&D materials from disposal at
disposal facilities.
8.36.685 C&DMMP exemptions.
A. Application. If an applicant for a covered project experiences or anticipates
unique circumstances that the applicant believes make it nonfeasible to comply with the
diversion requirement, the applicant may apply for an exemption at the time that the
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applicant submits the C&DMMP required under this chapter. The applicant shall indicate
on the C&DMMP the maximum rate of diversion the applicant believes is feasible for
each material, by weighted percentage, and the specific circumstances that the
applicant believes make it nonfeasible to comply with the diversion requirement. A
review fee for the C&DMMP exemption process shall be established by resolution of the
city council.
B. Meeting with the Administrative Authority. The administrative authority shall
review the information supplied by the applicant and may meet with the applicant to
discuss possible ways of meeting the diversion requirement. Based on the information
supplied by the applicant, the administrative authority shall determine whether it is
possible for the applicant to meet the diversion requirement.
C. Granting of Exemption. If the administrative authority determines that it is not
feasible for the applicant to meet the diversion requirement, the administrative authority
shall determine the maximum feasible diversion rate for each material and shall indicate
this rate on the C&DMMP submitted by the applicant. The administrative authority shall
return a copy of the C&DMMP to the applicant marked “approved for partial exemption”
and shall notify the division of building and safety that the C&DMMP has been
approved.
D. Denial of Exemption. If the administrative authority determines that it is possible
for the applicant to meet the diversion requirement, the administrative authority shall
deny the application for exemption and inform the applicant in writing of the denial and
reasons for the denial. The applicant shall have thirty (30) days after the receipt of
notification to resubmit a C&DMMP form in full compliance with this article. If the
applicant fails to resubmit the C&DMMP, or if the resubmitted C&DMMP does not
comply with this article, the administrative authority shall deny the C&DMMP and the
division of building and safety shall not issue a permit for that project.
8.36.690 Appeals.
A. A decision or order of the administrative authority shall be final and conclusive
unless the applicant files a notice of appeal to the city council with the city clerk (with a
copy to the city manager and the city attorney) within ten (10) days of mailing of the
decision. The notice of appeal to the city council shall state the legal basis and all legal
and factual contentions of the franchisee and shall include all evidence, including, but
not limited to, affidavits, documents, photographs, CDs, and DVDs. A notice to appeal
to the city council shall not be accepted by the city clerk for filing unless accompanied
by a notice of appeal filing fee in an amount to be established by resolution of the city
council.
B. The written appeal shall be considered by the city council no more than sixty
(60) business days from the date of the filing.
C. The final ruling made by the city council, shall be in writing, stating the legal and
factual basis for the decision. The decision shall be final and conclusive. (Ord. 394 § 1,
2010)
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8.36.695 Enforcement.
A. Inspection. The administrative authority may inspect project sites for compliance
with this article.
B. Civil Action. Violation of any provision of this article may be enforced by any
means available to the city, including, but not limited to, an action for injunctive relief. In
any civil enforcement action, administrative or judicial, the city shall be entitled to
recover its attorneys’ fees and costs from a person who is determined by a court of
competent jurisdiction to have violated this article.
Article VII. Self-Haulers
8.36.720 Self-haul exemption.
A. To enable the city to comply with required diversion requirements, any person
responsible for day-to-day activities or operations of any residential or commercial
premises disposing of solid waste, or green waste, which they have generated (“self-
haulers”) must obtain a self-haul exemption permit from the city authorizing that person
to transport that solid waste to a licensed materials recovery facility, transfer station or
disposal facility.
B. Before collecting or transporting solid waste, including green waste, each
person responsible for day-to-day activities or operations of any residential or
commercial premises requesting to self-haul shall obtain a self-haul exemption permit
from the city. The self-haul exemption permit must be renewed on an annual basis and
all applicants must pay an exemption fee to offset the expense to the city for
processing, handling, and performing the required work associated with the solid waste
self-haul exemption permit process. The exemption fee shall be established by
resolution of the city council.
C. An application for a self-haul exemption permit must be made on the form
provided by the city and submitted to the administrative authority for review and
determination as to eligibility.
D. Persons issued a solid waste self-haul permit may not: (1) dispose of the solid
waste generated on their premises in the container of another premises or in any public
street or park container; or (2) otherwise dispose of their solid waste in violation of this
chapter.
E. An exemption from solid waste service by self-haul permit or any extension of
such an exemption permit shall remain valid for one (1) calendar year or the partial
calendar year from January to December. Renewals of solid waste exemption permits
must be resubmitted annually by December 1, for the next calendar year.
F. If the administrative authority determines that the holder of a solid waste self-
haul permit is not complying with the conditions of the exemption permit or requirements
of this chapter or code, written notice will be given to the permittee to correct the
violations. If permittee fails to comply within thirty (30) days, city may revoke the self-
haul permit, issue a citation to the person in charge of day-to-day activities or operations
for violation of this section and require the arrangement for the provision of solid waste
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service at the premises and arrange for billing to the person in charge of day-to-day
activities or operations.
8.36.730 Self-haul disposal at authorized sites.
To enable the city to comply with diversion rates required by AB939, persons
disposing of solid waste, including green waste, which they, or occupants of a premises
of which they are in charge of day-to-day activities or operations, have generated (“self-
haulers”) may obtain a self-haul exemption permit from the city authorizing that person
to transport that solid waste to a licensed materials recovery facility, transfer station, or
disposal facility within the county of Ventura.
8.36.740 Self-haul reporting requirements.
Each person with a valid self-haul exemption permit shall submit reports to the city,
in a format and at a frequency determined by the administrative authority. Required
report information shall include, but is not limited to, the type, quantity, volume, weight,
and disposal facility destination of the solid waste collected in the city, and gate tickets
or receipts to substantiate its disposal and recycling reports. Reports are due within ten
(10) business days of month-end, in a format prescribed by the city manager. Failure to
submit required self-haul permit reports to the city within the required frequency shall be
a basis for revocation of a self-haul exemption permit.
8.36.750 Licensed contractors.
Licensed contractors, with a valid city of Moorpark business registration, performing
work within the scope of their licenses, to which the removal of C&D material is
incidental, within the city may remove and recycle or otherwise dispose of C&D material
that is generated without obtaining a self-haul exemption permit, provided that the C&D
material is transported in contractor-owned containers and vehicles, and vehicles
capable of transporting said material, by contractor’s employee(s). Contractor must
abide by Article VI if the permitted project falls within a covered project. If contractor
does not own the containers and vehicles, or if the C&D material is to be transported by
a person(s) other than the contractor’s employees, the self-haul option is not applicable.
Article VIII. Enforcement
8.36.820 Enforcement.
Pursuant to California Penal Code Section 836.5, the city manager or the city
manager’s designee(s) is authorized to enforce the provisions of this chapter as well as
those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, and 375;
California Government Code Sections 60855 et seq.; and the California Vehicle Code
Sections 23111 and 23112, as they may be amended from time to time. This authority
shall be in addition to the authority granted to law enforcement personnel pursuant to
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this municipal code, including, but not limited to, the authority to seize bins as evidence
of criminal violations, when appropriate.
8.36.830 Enforcement by designees.
Wherever in this chapter enforcement authority is given to any city employee or
officer, such authority may be exercised by designees of those employees and officers.
8.36.850 Violations punishable.
Except as otherwise provided by this chapter, violations of this chapter are
punishable as set out in Chapters 1.10 through 1.16 of the Code.
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