HomeMy WebLinkAboutAGENDA REPORT 2021 0901 CCSA REG ITEM 09DCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of September 1, 2021
ACTION INTRODUCED ORDINANCE NO.
495. (ROLL CALL VOTE: UNANIMOUS).
BY B. Garza.
D. Consider Ordinance Repealing and Replacing 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. 495 for first
reading, waive full reading, and place this ordinance on the agenda for the
September 15, 2021, regular meeting for purposes of providing second reading
and adoption of the ordinance. (ROLL CALL VOTE REQUIRED) (Staff:
Mackenzie Douglass, Program Manager)
Item: 9.D.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Kambiz Borhani, Finance Director
BY: Mackenzie Douglass, Program Manager
DATE: 09/01/2021 Regular Meeting
SUBJECT: Consider Ordinance Repealing and Replacing 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 repealing and replacing Chapter 8.36 will bring the Moorpark
Municipal Code (Code) into compliance with new organic waste collection thresholds set
forth by Senate Bill (SB) 1383.
BACKGROUND
Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016) codifies the California Air
Resources Board's Short-Lived Climate Pollutant Reduction Strategy, as it relates to
reduction in the emissions of short-lived climate pollutants such as methane from solid
wastes. SB 1383 final regulations were approved by the Office of Administrative Law on
November 3, 2020.
SB 1383 is the most significant waste reduction mandate the State of California has
adopted in the last 30 years. It requires the State to reduce organic waste by 75% by
2025, which equates to over 20 million tons annually. The law also requires the State to
increase edible food recovery by 20%. Since the law establishes statewide targets, a
prescriptive approach to compliance is being used. This is very different from AB 939
(Integrated Waste Management Act), which set jurisdictional waste diversion mandates
and allowed local governments to develop their own programs for reaching compliance.
Mandatory Commercial Recycling (AB 341, Chesbro, Chapter 476, Statutes of 2011) and
Mandatory Commercial Organics Recycling (AB 1826, Chesbro, Chapter 727, Statutes
of 2014) are incorporated into SB 1383 regulations. Both these mandates (AB 341 and
Item: 9.D.
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Honorable City Council
09/01/2021 Regular Meeting
Page 2
AB 1826) make local jurisdictions ultimately responsible for ensuring 100% compliance.
SB 1383 further stipulates the implementation of residential organic waste recycling
programs and makes local jurisdictions directly responsible for the following actions,
starting on January 1, 2022:
• Providing organic waste collection to all mandated residents and businesses.
• Establishing an edible food recovery program.
• Conducting outreach and education to all affected parties.
• Performing capacity planning covering 15 years for organic waste diversion from
landfills.
• Procuring recycled organic waste products (i.e., compost, mulch, and renewable
natural gas) at levels to be prescribed by the State annually. Such procurement
standards must also be incorporated into a new City ordinance.
• Establishing (via ordinance and otherwise) all required enforcement protocols that
include a schedule of fines for non-compliant entities. This ordinance must match
State-developed standards, including minimum fine structure.
Failure by the City to enact and undertake all applicable SB 1383 responsibilities will
result in the City being deemed non-compliant by Cal Recycle. Jurisdictions that are in
violation of SB 1383 may be subject to fines of up to $10,000 per day. Senate Bill 619
recently clarified that 2022 and 2023 will be a “non-adversarial” period where the State
will only provide guidance and technical assistance; non-compliant entities will be subject
to State fines beginning on January 1, 2024.
Chapter 8.36 of the Moorpark Municipal 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 January 2020.
In order to comply with the requirement set forth by SB 1383, staff is proposing a revision
to Chapter 8.36 of the Moorpark Municipal Code.
DISCUSSION
Chapter 8.36 Revisions
City staff reviewed the current Code and determined that Chapter 8.36 is not compliant
with SB 1383. To correct this deficiency, staff have drafted a series of revisions to bring
the Code into compliance, along with associated definitions and enforcement
mechanisms as required by law.
During this revision process, staff submitted draft revisions to Cal Recycle for review and
engaged the City Attorney’s office to review the proposed Ordinance update.
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Honorable City Council
09/01/2021 Regular Meeting
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While the proposed revisions are broad, the most impactful elements of the ordinance will
require all waste generators that exceed 2.0 cubic yards of solid waste (total trash,
recyclables, and organics) per week to arrange for and participate in source-separated
organics collection. At the present time, approximately 300 solid waste accounts meet
this threshold citywide. This number includes all 10 of the City’s multifamily residential
complexes. Many of these solid waste accounts are already compliant with SB 1383
organics collection requirements due to a similar threshold required by AB 1826 and
adopted as an amendment to Section 8.36.090 of the Moorpark Municipal Code last year.
In addition, the revised ordinance will require major producers of edible food waste to
enroll in an edible food waste recovery program. Tier 1 generators (including
supermarkets, large grocery stores and those with a floor area larger than 10,000 sq. ft.)
and Tier 2 generators (including large events such as the City’s July 3 event, hotels with
more than 200 rooms, K-12 schools, restaurants with more than 250 seats) that will be
subject to edible food recovery requirements in Moorpark are thought to number
approximately 25. Many of the City’s supermarkets have their own edible food waste
backhauling programs in place. City staff will work with the County and the County’s
recently hired consultant, Abound, to implement an edible food waste program for
businesses that do not have their own programs in place.
These requirements are anticipated to carry a fiscal impact for subscribers to the City’s
solid waste services (currently provided through a franchise agreement with Waste
Management). In order to help mitigate these impacts, the proposed ordinance includes
a structure to allow for a “de minimis” waiver for waste generators that generate less than
20 gallons of organic waste per week. Solid Waste staff are also working with the City’s
franchised waste hauler, Waste Management, to explore lower cost collection options for
customers who cannot meet the de minimis waiver requirements.
By adopting this ordinance now, City Council will afford City and Waste Management staff
time to conduct additional outreach to affected entities and move the City toward
compliance with SB 1383 before the City must take State mandated enforcement steps.
ENVIRONMENTAL DETERMINATION
The Community Development Director has evaluated the proposed ordinance to
determine whether it will have a significant impact on the environment and determined
that the proposed ordinance is exempt from the California Environmental Quality Act
(CEQA). Pursuant to State CEQA Guidelines Sections 15061 (b)(3) and 15308, it can be
seen with certainty that the enhanced solid waste regulations, as provided for in the
proposed ordinance, will not have a significant effect on the environment and that the new
requirements, which strengthen requirements for the handling of solid waste represent
actions by a regulatory agency (the City) for the protection of the environment.
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Honorable City Council
09/01/2021 Regular Meeting
Page 4
FISCAL IMPACT
This revision to Chapter 8.36 of the Code will have a negligible fiscal impact on the City.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Introduce Ordinance No. ___ for first reading, waive full reading, and place this ordinance
on the agenda for the September 15, 2021, regular meeting for purposes of providing
second reading and adoption of the ordinance.
Attachment 1: Draft Ordinance No. ___
Attachment 2: Draft Ordinance in Legislative Format
560
ATTACHMENT
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. 485 amended and restated portions of Chapter 8.36,
Solid Waste, of Title 8, Health and Safety, of the Moorpark Municipal Code in November
2020; and
WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste
Management Act of 1989 (California Public Resources Code Section 40000, et seq., as
amended, supplemented, superseded, and replaced from time to time), requires the City
to reduce, reuse, and recycle (including composting) solid waste generated in the City to
the maximum extent feasible before any incineration or landfill disposal of waste, to
conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, Assembly Bill 341 of 2011 (approved by the Governor of the State of
California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735,
41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and
41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of,
and added and repealed Section 41780.02 of, the Public Resources Code, as amended,
supplemented, superseded and replaced from time to time), places requirements on
businesses and multi-family property owners that generate a specified threshold amount
of solid waste to arrange for recycling services and requires the City to implement a
mandatory commercial recycling program; and
WHEREAS, Assembly Bill 1826 of 2014 (approved by the Governor of the State
of California on September 28, 2014, which added Chapter 12.9 (commencing with
Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid
waste, as amended, supplemented, superseded, and replaced from time to time),
requires businesses and multi-family property owners that generate a specified threshold
amount of solid waste, recycling, and organic waste per week to arrange for recycling
services for that waste, requires the City to implement a recycling program to divert
organic waste from businesses subject to the law, and requires the City to implement a
mandatory commercial organics recycling program; and
WHEREAS, Senate Bill (“SB”)1383, the Short-lived Climate Pollutant Reduction
Act of 2016, requires the California Department of Resources Recycling and Recovery
(“CalRecycle”) to develop regulations to reduce organics in landfills as a source of
methane. As adopted by CalRecycle, these SB 1383 regulations (“SB 1383 Regulations”)
place requirements on multiple entities including the City, residential households,
commercial businesses and business owners, commercial edible food generators,
haulers, self-haulers, food recovery organizations, and food recovery services to support
achievement of statewide organic waste disposal reduction targets; and
561
Ordinance No. ___
Page 2
WHEREAS, the SB 1383 Regulations require the City to adopt and enforce an
ordinance or other enforceable mechanism to implement relevant provisions of the SB
1383 Regulations; and
WHEREAS, this Ordinance implements the requirements of the Assembly Bills
939, 341 and 1826, SB 1383, and the SB 1383 Regulations; and
WHEREAS, at its meeting of September 1, 2021, the City Council introduced 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. Chapter 8.36. Solid Waste is hereby amended as outlined in
Exhibit A.
SECTION 2. CEQA. The Community Development Director has determined that
this Ordinance is not a project within the meaning of Section 15308 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 3. 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, or 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 4. Effective Date. This Ordinance shall become effective thirty (30)
days after its passage and adoption.
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Ordinance No. ___
Page 3
SECTION 5. Publication and Certification. The City Clerk shall certify to the
passage and 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.
PASSED AND ADOPTED this ____ day of September, 2021.
________________________________
Janice S. Parvin, Mayor
ATTEST:
____________________________
Ky Spangler, City Clerk
Attachment: Exhibit “A” - City of Moorpark Municipal Code Chapter 8.36
563
12853-0001\2567456v2.doc
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 Provision 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.
8.36.090 Organic waste.
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.
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.
EXHIBIT “A”
Ordinance No. ___
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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.
8.36.480 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.
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.
8.36.735 SB 1383 compliance
8.36.740 Self-haul reporting requirements.
8.36.750 Licensed contractors.
Article VIII. Enforcement
8.36.820 Enforcement.
Ordinance No. ___
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8.36.830 Enforcement by designees.
8.36.840 SB 1383 inspections and investigations
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.
8.36.010 Definitions.
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 or in this
chapter shall have the meanings 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, or as specified above, 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 it 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 ca uses the accumulation of solid waste outside of
collection containers.
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“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, resp onsible 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 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.
“Blue container,” as of the effective date of the ordinance amending and restating
this chapter, means with respect to existing containers for single-family residential
premises containers that are gray in color with lids that are gray in color, and with respect
to existing containers for multi-family and commercial premises, containers that are blue
in color. At the end of the useful life of the existing con tainers or January 1, 2036,
whichever comes first, “Blue Container” will have the same meaning as in 14 CCR Section
18982.(a)(5). A “Blue Container” shall be used for the purpose of storage and collection
of source separated recyclable materials and source separated blue container organic
waste.
“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 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.
“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).
Ordinance No. ___
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“CalRecycle” means the California Department of Resources Recycling and
Recovery, which is the Department designated with responsibility for developing,
implementing, and enforcing SB 1383 Regulations on local jurisdictions.
“California Code of Regulations” or “CCR” means the State of California Code of
Regulations. CCR references in this chapter are preceded with a number that refers to
the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
“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 pursuant to a 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 business” or “commercial” means a firm, partnership, proprietorship,
joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall,
industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR
Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five
(5) units is not a commercial business for purposes of implementing this chapter.
“Commercial edible food generator” includes a tier one or a tier two commercial
edible food generator as defined in this section or as otherwise defined in 14 CCR Section
18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations
Ordinance No. ___
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and food recovery services are not commercial edible food generators pursuant to 14
CCR Section 18982(a)(7).
“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 organic waste,
and recyclable solid waste, generated or accumulated at commercial premises and
placed in commercial bins.
“Community composting” means any activity that composts green material,
agricultural material, food material, and vegetative food material, alone or in combination,
and the total amount of feedstock and compost on-site at any one time does not exceed
100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as
otherwise defined by 14 CCR Section 18982(a)(8).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which
stated, as of the effective date of the ordinance amending and restating this chapter, that
“Compost” means the product resulting from the controlled biological decomposition of
organic solid wastes that are source separated from the municipal solid waste stream, or
which are separated at a centralized facility.
“Compostable plastics” or “compostable plastic” means plastic materials that meet
the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR
Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
“Composting” means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in combination .
“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.
“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.
Ordinance No. ___
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“Container” means all collection containers provided by or acce pted 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.
“Container contamination” or “contaminated container” means a container,
regardless of color, that contains prohibited container contaminants, or as otherwise
defined in 14 CCR Section 18982(a)(55).
“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.
“Designee” means an entity that the city contracts with or otherwise arranges to
carry out any of the city’s responsibilities of this chapter as authorized in 14 CCR Section
18981.2. A designee may be a government entity, a hauler, a private entity, or a
combination of those entities.
“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.
Ordinance No. ___
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“Edible food” means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise
defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered
and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires
or authorizes the recovery of edible food that does not meet the food safety requirements
of the California Retail Food Code.
Electronic Waste. See “universal waste.”
“Enforcement Action" means an action of the city to address non-compliance with
this chapter including, but not limited to, issuing administrative citations, fines, penalties,
or using other remedies.
“Excluded waste” means hazardous substance, hazardous waste, infectious
waste, designated waste, volatile, corrosive, medical waste, infectious, regulated
radioactive waste, and toxic substances or material that facility operator(s), which receive
materials from the city and its generators, reasonably believe(s) would, as a result of or
upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal
law, regulation, or ordinance, including: land use restrictions or conditions, waste that
cannot be disposed of in Class III landfills or accepted at the facility by permit conditions,
waste that in city’s or its designee’s reasonable opinion would present a significant risk to
human health or the environment, cause a nuisance or otherwise cre ate or expose city,
or its designee, to potential liability; but not including de minimis volumes or
concentrations of waste of a type and amount normally found in single-family or multi-
family solid waste after implementation of programs for the safe collection, processing,
recycling, treatment, and disposal of batteries and paint in compliance with Sections
41500 and 41802 of the California Public Resources Code.
“Food distributor” means a company that distributes food to entities including, but
not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR
Section 18982(a)(22).
“Food facility” has the same meaning as in Section 113789 of the Health and
Safety Code.
“Food recovery” means actions to collect and distribute food for human
consumption that otherwise would be disposed, or as otherwise defined in 14 CCR
Section 18982(a)(24).
“Food recovery organization” means an entity that engages in the collection or
receipt of edible food from commercial edible food generators and distributes that edible
food to the public for food recovery either directly or through other entities or as otherwise
defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the
Health and Safety Code; and,
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(3) A nonprofit charitable temporary food facility as defined in Section 113842
of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the
purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant
to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for food recovery organization
differs from this definition, the definition in 14 CCR Section 18982(a)(25) shal l apply to
this chapter.
“Food recovery service” means a person or entity that collects and transports
edible food from a commercial edible food generator to a food recovery organization or
other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).
A food recovery service is not a commercial edible food generator for the purposes of this
chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR
Section 18982(a)(7).
“Food service provider” means an entity primarily engaged in providing food
services to institutional, governmental, commercial, or industrial locations of others based
on contractual arrangements with these types of organizations, or as otherwise defi ned
in 14 CCR Section 18982(a)(27).
“Food-soiled paper” is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups,
napkins, pizza boxes, and milk cartons.
“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 and compostable plastics, as defined herein.
“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.
“Franchisee” means a solid waste collector designated as a franchisee pursuant
to a 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.
“Gray container,” as of the effective date of the ordinance amending and restating
this chapter, means with respect to existing containers for single-family residential
premises containers that are blue in color with lids that are blue in color, and with respect
to existing containers for multi-family and commercial premises, containers that are green
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in color. At the end of the useful life of the existing containers or January 1, 2036,
whichever comes first, “Gray Container” will have the same meaning as in 14 CCR
Section 18982(a)(28). A “Gray Container” shall be used for the purpose of storage and
collection of gray container waste.
“Gray container waste” means solid waste that is collected in a gray container that
is part of the city’s three container organic waste collection service that prohibits the
placement of organic waste in the gray container as specified in 14 CCR Sections
18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
“Green container,” as of the effective date of the ordinance amending and restating
this chapter, means with respect to existing containers for single-family residential
premises containers that are green in color with lids that are green in color, and with
respect to existing containers for multi-family and commercial premises, containers that
are green in color. At the end of the useful life of the existing containers or January 1,
2036, whichever comes first, “Green Container” will have the same meaning as in 14 CCR
Section 18982(a)(29). A “Green Container” shall be used for the purpose of storage and
collection of source separated green container organic 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.
“Grocery store” means a store primarily engaged in the retail sale of canned food;
dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that
is not separately owned within the store where the food is prepared and served, including
a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR
Section 18982(a)(30).
“Hazardous waste” means any waste materials or mixture of wastes defined as a
“hazardous substance” or “hazardous waste” pursuant to the Resource Conservation an d
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.
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“High diversion organic waste processing facility” means a facility that is in
compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or
exceeds an annual average mixed waste organic content recovery rate of 50 percent
between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025,
as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the
“Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5);
or, as otherwise defined in 14 CCR Section 18982(a)(33).
“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.
“Inspection” means a site visit where the city reviews records, containers, and an
entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food
handling to determine if the entity is complying with requirements set forth in this chapter,
or as otherwise defined in 14 CCR Section 18982(a)(35).
“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 an event, including, but not limited to, a sporting event or a
flea market, that charges an admission price, or is operated by a local agency, and serves
an average of more than 2,000 individuals per day of operation of the event, at a location
that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot,
golf course, street system, or other open space when being used for an event. If the
definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14
CCR Section 18982(a)(38) shall apply to this chapter.
“Large venue” means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of
operation of the venue facility. For purposes of this chapter and implementation of 1
CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public,
nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement
park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing
arts center, fairground, museum, theater, or other public attraction facility. For purposes
of this chapter and implementation of 14 CCR, Division 7, Chapter 12, 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. If the definition in 14 CCR
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Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section
18982(a)(39) shall apply to this chapter.
“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.
“Local education agency” means a school district, charter school, or county office
of education that is not
subject to the control of city or county regulations related to solid waste, or as otherwise
defined in 14 CCR Section 18982(a)(40).
“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.
“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.
“Mixed waste organic collection stream” or “Mixed waste” means organic waste
collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3
to be taken to a high diversion organic waste processing facility or as otherwise defined
in 14 CCR Section 17402(a)(11.5).
“Multi-family residential dwelling” or “Multi-family” means of, from, or pertaining to
residential premises with five (5) or more dwelling units. Multi-family premises do not
include hotels, motels, or other transient occupancy facilities, which are considered
commercial businesses.
“Non-compostable paper” includes but is not limited to paper that is coated in a
plastic material that will not breakdown in the composting process, or as otherwise
defined in 14 CCR Section 18982(a)(41).
“Non-Local Entity” means the following entities that are not subject to the city’s
enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the city.
(2) Federal facilities, including military installations, located within the
boundaries of the city.
(3) Prison(s) located within the boundaries of the city.
(4) Facilities operated by the State Park system located within the boundaries
of the city.
(5) Public universities (including community colleges) located within the
boundaries of the city.
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(6) County fairgrounds located within the boundaries of the city.
(7) State agencies located within the boundaries of the city.
“Non-organic recyclables” means non-putrescible and non-hazardous recyclable
solid wastes including but not limited to bottles, cans, metals, plastics and glass, or as
otherwise defined in 14 CCR Section 18982(a)(43).
“NPDES” means the National Pollutant Discharge Elimination System permit
currently active and in effect in the city.
“Organics” or “Organic waste” means solid wastes containing material originated
from living organisms and their metabolic waste products, including but not limited to food
waste, green waste, landscape and pruning waste, organic textiles and carpets, lumber,
wood, paper products, printing and writing paper, manure, biosolids, digestate, and
sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate
are as defined by 14 CCR Section 18982(a).
“Organic waste generator” means a person or entity that is responsible for the
initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
“Paper products” include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling,
or as otherwise defined in 14 CCR Section 18982(a)(51).
“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.
“Printing and writing paper(s)” include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated
writing papers, posters, index cards, calendars, brochures, reports, magazines, and
publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
“Processing” means the reduction, separation, recovery, conversion or recycling
of solid waste.
“Prohibited container contaminants” means the following: (i) discarded materials
placed in the blue container that are not identified as acceptable source separated
recyclable materials for the city’s blue container; (ii) discarded materials placed in the
green container that are not identified as acceptable source separated green container
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organic waste for the city’s green container; (iii) discarded materials placed in the gray
container that are acceptable source separated recyclable materials and/or source
separated green container organic wastes to be placed in city’s green container and/or
blue container; and, (iv) excluded waste or special waste placed in any container.
“Project” means any activity for which a building, demolition, grading or other
similar permit is required. See also “Covered project.”
“Recovery” means any activity or process described in 14 CCR Section
18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
“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.
Refuse. See “solid waste.”
“Remote monitoring” means the use of the internet of things (IoT) and/or wireless
electronic devices to visualize the contents of blue containers, green containers, and gray
containers for purposes of identifying the quantity of materials in containers (level of fill)
and/or presence of prohibited container contaminants.
“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 organic waste,
green waste and recyclable solid waste, generated or accumulated at residential
premises and placed in residential containers for accumulation and collection.
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“Restaurant” means an establishment primarily engaged in the retail sale of food
and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR
Section 18982(a)(64).
“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.
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to
the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652)
to Part 3 of Division 30 of the Public Resources Code, establishing methane em issions
reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
“SB 1383 regulations” means or refers to, for the purposes of this chapter, the
Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by
CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and
amended portions of regulations of 14 CCR and 27 CCR.
“Self-hauler” means a person, who hauls solid waste, including green waste,
organic waste, or recyclable material he or she has generated to another person. Self-
hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR
Section 18982(a)(66). Back-haul means generating and transporting organic waste to a
destination owned and operated by the generator using the generator’s own employees
and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Single-Family” means of, from, or pertaining to any residential premises with fewer
than five (5) units.
“Solid waste” has the same meaning as defined in State Public Resources Code
Section 40191, which defines solid waste as all putrescible and nonputrescible solid,
semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes,
industrial wastes, demolition and construction wastes, abandoned vehicles and parts
thereof, discarded home and industrial appliances, dewate red, treated, or chemically
fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid
and semi-solid wastes, and other discarded solid and semisolid wastes, with the
exception that solid waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section
40141.
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(2) Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State
Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management
Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and
Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill,
as defined in State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of
the State Public Resources Code. Recyclable solid waste 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.
“Source separated” means materials, including commingled recyclable materials,
that have been separated or kept separate from the solid waste stream, at the point of
generation, for the purpose of additional sorting or processing those materials for
recycling or reuse in order to return them to the economic mainstream in the form of raw
material for new, reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section
17402.5(b)(4). For the purposes of this chapter, source separated shall include
separation of materials by the generator, property owner, property owner’s employee,
property manager, or property manager’s employee into different containers for the
purpose of collection and processing.
“Source separated blue container organic waste” means source separated organic
wastes that can be placed in a blue container that is limited to the collection of those
organic wastes and non-organic recyclables as defined in Section 18982(a)(43), or as
otherwise defined by Section 17402(a)(18.7).
“Source separated green container organic waste” means source separated
organic waste that can be placed in a green container that is specifically intended for the
separate collection of organic waste by the generator, excluding source separated blue
container organic waste, carpets, Non-Compostable Paper, and textiles.
“Source separated recyclable materials” means source separated non-organic
recyclables and source separated blue container organic waste.
“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.
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“State” means the state of California.
“Supermarket” means a full-line, self-service retail store with gross annual sales of
two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned
goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR
Section 18982(a)(71).
“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.
“Tier one commercial edible food generator” means a commercial edible food
generator that is one of the following:
(1) Supermarket.
(2) Grocery store with a total facility size equal to or greater than 10,000 square
feet.
(3) Food service provider.
(4) Food distributor.
(5) Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier one commercial edible food
generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall
apply to this chapter.
“Tier two commercial edible food generator” means a commercial edible food
generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater
than 5,000 square feet.
(2) Hotel with an on-site food facility and 200 or more rooms.
(3) Health facility with an on-site food facility and 100 or more beds.
(4) Large venue.
(5) Large event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria
facility size equal to or greater than 5,000 square feet.
(7) A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier two commercial edible food
generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall
apply to this chapter.
“Transformation” means incineration, pyrolysis, distillation, gasification, or
biological conversion other than composting.
“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
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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.
“Wholesale food vendor” means a business or establishment engaged in the
merchant wholesale distribution of food, where food (including fruits and vegetables) is
received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or
other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
8.36.010
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, excluded wastes 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 pr ior
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 franchisee or solid waste collector for collection of solid waste,
the solid waste becomes the property of the franchisee or solid waste collector.
8.36.030 Provision 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
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to California Public Resource Code Section 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 whi ch 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. 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, 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, recyclable
solid waste, organic waste, 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.
8.36.030
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, organic waste 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, organic waste, or green waste with any person who is not
a franchised, licensed, or permitted solid waste collector.
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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 and equipment as an incidental part of a total service provided by the
contractor and abiding by the provisions of this chapter, including article VI, and section
8.36.090, and 14 CCR Sections 18988.1 and 18989.1.
(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, and the SB 1383 Regulations. 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
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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
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. Self-haulers shall comply with
the requirements of article VII of this chapter,
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, the SB 1383 Regulations, 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, 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.
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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 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.
8.36.070
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 ti me 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 chapte r 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 transact ion
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.
8.36.075
8.36.080 Green waste collection.
Green waste shall be cut into pieces not to exce ed 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
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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.
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.
8.36.090 Organic waste.
A. Requirements for single-family organic waste generators
(1) Single-family organic waste generators, except single-family generators
that meet the self-hauler requirements of article VII of this chapter shall:
(a) subscribe to city’s organic waste collection services for all organic
waste generated as described below in Section 8.36.090(A)(1)(b). City shall have the
right to review the number and size of a generator’s containers to evaluate adequacy of
capacity provided for each type of collection service for proper separation of materials
and containment of materials; and, single-family generators shall adjust its service level
for its collection services as requested by the city. Generators may additionally manage
their organic waste by preventing or reducing their organic waste, managing organic
waste on site, and/or using a community composting site pursuant to 14 CCR Section
18984.9(c)
(b) Participate in the city’s organic waste collection service(s) by placing
designated materials in designated containers as described below, and shall not place
prohibited container contaminants in collection containers.
(c) Generator shall place source separated green container organic
waste, including food waste, in the green container; source separated recyclable
materials in the blue container; and gray container waste in the gray container.
Generators shall not place materials designated for the cray container into the green
container or blue container.
B. Requirements for commercial businesses, including multi-family residential
dwellings
(1) Generators that are commercial businesses, including multi-family
residential dwellings, except commercial businesses that meet the self-hauler
requirements in article VII of this chapter shall:
(a) Subscribe to city’s three container collection services and comply
with requirements of those services as described below in Section 8.36.090(B)(1)(b).
The city shall have the right to review the number and size of a generator’s containers
and frequency of collection to evaluate adequacy of capacity provided for each type of
collection service for proper separation of materials and con tainment of materials; and,
commercial businesses shall adjust their service level for their collection services as
requested by the city.
(b) Participate in the city’s organic waste collection services by placing
source separated green container organic waste, including food waste, in the green
container; source separated recyclable materials in the blue container; and gray
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container waste in the gray container. Generator shall not place materials designated
for the gray container into the green container or blue container.
(c) Supply and allow access to adequate number, size and location of
collection containers with sufficient labels or colors (conforming with Sections
8.36.090(B)(1)(d)(ii)(a) and (b) below for employees, contractors, tenants, and
customers, consistent with the city’s blue container, green container, and gray container
collection service.
(d) Except for multi-family residential dwellings, provide containers for
the collection of source separated green container organic waste and source separated
recyclable materials in all indoor and outdoor areas where disposal containers are
provided for customers, for materials generated by that business. Such containers need
not be provided in restrooms.
(i) If a commercial business does not generate any of the
materials that would be collected in one type of container, then the business does not
have to provide that particular container in all areas where disposal containers are
provided for customers.
(ii) Pursuant to 14 CCR Section 18984.9(b), the containers
provided by the business shall have either:
a) A body or lid that conforms with the container colors
provided through the collection service provided by the city, with either lids conforming to
the color requirements or bodies conforming to the color requirements or both lids and
bodies conforming to color requirements. A commercial business is not required to
replace functional containers, including containers purchased prior to January 1, 2022,
that do not comply with the requirements of the subsection prior to the end of the useful
life of those containers, or prior to January 1, 2036, whichever comes first.
b) Container labels that include language or graphic
images, or both, indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or graphic images that
indicate the primary materials accepted and primary materials prohibited in the container.
Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required
on new containers commencing January 1, 2022.
(e) Multi-family residential dwellings are not required to comply with
container placement requirements or labeling requirement in Section 8.36.090 (B)(1)(d)
above pursuant to 14 CCR Section 18984.9(b).
(f) To the extent practical through education, training, inspection, and/or
other measures, excluding multi-family residential dwellings, prohibit employees from
placing materials in a container not designated for those materials per the city’s blue
container, green container, and gray container collection service or, if self-hauling, per
the commercial businesses’ instructions to support its compliance with its self-haul
program, in accordance with article VII of this chapter.
(g) Excluding multi-family residential dwellings, periodically inspect blue
containers, green containers, and gray containers for contamination and inform
employees if containers are contaminated and of the requirements to keep contaminants
out of those containers pursuant to 14 CCR Section 18984.9(b)(3) at least once per week
unless otherwise specified, in writing, by the city.
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(h) Annually provide information to employees, contractors, tenants, and
customers about organic waste recovery requirements and about proper sorting of source
separated green container organic waste and source separated recyclable materials.
(i) Provide education information before or within fourteen (14) days of
occupation of the premises to new tenants that describes requirements to keep source
separated green container organic waste and source separated recyclable materials
separate from gray container waste (when applicable) and the location of containers and
the rules governing their use at each property.
(j) Provide or arrange access for city or its agent(s) to their properties
during all inspections conducted in accordance with Section 8.36.840 of this chapter to
confirm compliance with the requirements of this chapter.
(k) Accommodate and cooperate with city’s remote monitoring program,
if applicable, for inspection of the contents of containers for prohibited container
contaminants, which may be implemented at a later date, to evaluate generator’s
compliance with section 8.36.090(B). The remote monitoring program shall involve
installation of remote monitoring equipment on or in the blue containers, green containers,
and gray containers.
(l) If a commercial business wants to self-haul, meet the self-hauler
requirements in article VII of this chapter.
m) Nothing in this section prohibits a generator from preventing or
reducing waste generation, managing organic waste on site, or using a community
composting site pursuant to 14 CCR Section 18984.9(c).
(n) Commercial businesses that are tier one or tier two commercial
edible food generators shall comply with food recovery requirements, pursuant to Section
8.36.090(D).
C. Waivers for generators
(1) De Minimis Waivers: The city may waive a commercial business’ obligation
(including multi-family residential dwellings) to comply with some or all of the organic
waste requirements of this chapter if the commercial business provides documentation
that the business generates below a certain amount of organic waste material as
described in Section 8.36.090(C)(1)(b) below. Commercial businesses requesting a de
minimis waiver shall:
(a) Submit an application specifying the services that they are
requesting a waiver from and provide documentation as noted in Section
8.36.090(C)(1)(b) below.
(b) Provide documentation that either:
(i) The commercial business’ total solid waste collection service
is two cubic yards or more per week and organic waste subject to collection in a blue
container or green container comprises less than 20 gallons per week per applicable
container of the business’ total waste; or,
(ii) The commercial business’ total solid waste collection service
is less than two cubic yards per week and organic waste subject to collection in a blue
container or green container comprises less than 10 gallons per week per applicable
container of the business’ total waste.
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(c) Notify the city if circumstances change such that commercial
business’s organic waste exceeds threshold required for waiver, in which case waiver will
be rescinded.
(d) Provide written verification of eligibility for de minimis waiver every 5
years, if the city has approved de minimis waiver.
(2) Physical space waivers: The city may waive a commercial business’ or
property owner’s obligations (including multi-family residential dwellings) to comply with
some or all of the source separated recyclable materials and/or organic waste collection
service requirements if the city has evidence from its own staff, a hauler, licensed
architect, or licensed engineer demonstrating that the premises lacks adequate space for
the collection containers required for compliance with the organic waste collection
requirements of Section 8.36.090 (A), (B), and (C).
A commercial business or property owner may request a physical space waiver
through the following process:
(a) Submit an application form specifying the type(s) of collection
services for which they are requesting a compliance waiver.
(b) Provide documentation that the premises lack adequate space for
blue containers and/or green containers including documentation from its hauler, licensed
architect, or licensed engineer.
(c) Provide written verification to the city that it is still eligible for physical
space waiver every five years, if the city has approved application for a physical space
waiver.
(3) Collection frequency waiver
(a) The City, at its discretion and in accordance with 14 CCR Section
18984.11(a)(3), may allow the owner or tenant of any residence, premises, business
establishment or industry that subscribes to the city’s three- container organic waste
collection service to arrange for the collection of their blue container, gray container, food
waste container or any combination once every fourteen days, rather than once per week.
D. Requirements for edible food generators
(1) Tier one commercial edible food generators must comply with the
requirements of this section 8.36.090(D) commencing January 1, 2022, and tier two
commercial edible food generators must comply commencing January 1, 2024, pursuant
to 14 CCR Section 18991.3.
(2) Large venue or large event operators not providing food services, but
allowing for food to be provided by others, shall require food facilities operating at the
large venue or large event to comply with the requirements of this Section, commencing
January 1, 2024.
(3) Commercial edible food generators shall comply with the following
requirements:
(a) Arrange to recover the maximum amount of edible food that would
otherwise be disposed.
(b) Contract with, or enter into a written agreement with food recovery
organizations or food recovery services for:
(i) the collection of edible food for food recovery; or,
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(ii) acceptance of the edible food that the commercial edible food
generator self-hauls to the food recovery organization for food recovery.
(c) Shall not intentionally spoil edible food that is capable of being
recovered by a food recovery organization or a food recovery service.
(d) Allow the city’s designated enforcement entity or designated third
party enforcement entity to access the premises and review records pursuant to 14 CCR
Section 18991.4.
(e) Keep records that include the following information, or as otherwise
specified in 14 CCR Section 18991.4:
(i) A list of each food recovery service or organization that
collects or receives its edible food pursuant to a contract or written agreement established
under 14 CCR Section 18991.3(b).
(ii) A copy of all contracts or written agreements established
under 14 CCR Section 18991.3(b).
(iii) A record of the following information for each of those food
recovery services or food recovery organizations:
1) The name, address and contact information of the food
recovery service or food recovery organization.
2) The types of food that will be collected by or self-hauled
to the food recovery service or food recovery organization.
3) The established frequency that food will be collected or
self-hauled.
4) The quantity of food, measured in pounds recovered
per month, collected or self-hauled to a food recovery service or food recovery
organization for food recovery.
(f) Nothing in this chapter shall be construed to limit or conflict with the
protections provided by the California Good Samaritan Food Donation Act of 2017, the
Federal Good Samaritan Act, or share table and school food donation guidance pursuant
to Senate Bill 557 of 2017 (approved by the Governor of the State of California on
September 25, 2017, which added article 13 [commencing with Section 49580] to Chapter
9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079
of the Health and Safety Code, relating to food safety, as amended, supplemented,
superseded and replaced from time to time).
E. Food recovery services.
(1) Food recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement established under
14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise
specified by 14 CCR Section 18991.5(a)(1):
(a) The name, address, and contact information for each commercial
edible food generator from which the service collects edible food.
(b) The quantity in pounds of edible food collected from each
commercial edible food generator per month.
(c) The quantity in pounds of edible food transported to each food
recovery organization per month.
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(d) The name, address, and contact information for eac h food recovery
organization that the food recovery service transports edible food to for food recovery.
(2) Food recovery organizations collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement established under
14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise
specified by 14 CCR Section 18991.5(a)(2):
(a) The name, address, and contact information for each commercial
edible food generator from which the organization receives edible food.
(b) The quantity in pounds of edible food received from each commercial
edible food generator per month.
(c) The name, address, and contact information for each food recovery
service that the organization receives edible food from for food recovery.
(3) Food recovery organizations and food recovery services that have their
primary address physically located in the city and contract with or have written
agreements with one or more commercial edible food generators pursuant to 14 CCR
Section 18991.3(b) shall report to the city it is located in the total pounds of edible food
recovered in the previous calendar year from the tier one and tier two commercial edible
food generators they have established a contract or written agreement with pursuant to
14 CCR Section 18991.3(b) no later than January 1 of each year unless the city specifies,
in writing, a different date.
(4) Food recovery capacity planning
(a) In order to support edible food recovery capacity planning
assessments or other studies conducted by the County of Ventura , the city, special
district that provides solid waste collection services, or its designated entity, food recovery
services and food recovery organizations operating in the city shall provide information
and consultation to the city, upon request, regarding existing, or proposed new or
expanded, food recovery capacity that could be accessed by the city and its commercial
edible food generators. A food recovery service or food recovery Organization contacted
by the Jurisdiction shall respond to such request for information within 60 days, unless a
shorter timeframe is otherwise specified by the city .
F. Requirements for haulers and facility operators
(1) Franchised waste haulers, providing residential, commercial, or industrial
organic waste collection services to generators within the city’s boundaries shall meet the
following requirements and standards as a condition of approval of a contract, agreement,
or other authorization with the city to collect organic waste:
(a) Through written notice to the city annually on or before January 1,
commencing January 1, 2022, identify the facilities to which they will transport organic
waste including facilities for source separated recyclable materials, source separated
green container organic waste, and food waste.
(b) Transport source separated recyclable materials, source separated
green container organic waste, and food waste and Mixed Waste to a facility, operation,
activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter
12, article 2.
(c) Obtain approval from the city to haul organic waste, unless it is
transporting source separated organic waste to a community composting site or lawfully
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transporting C&D in a manner that complies with 14 CCR Section 18989.1, S ection
8.36.090 (G) of this chapter , including article VI of this chapter.
(2) Franchised waste haulers authorized to collect organic waste shall comply
with education, equipment, signage, container labeling, container color, contamination
monitoring, reporting, and other requirements contained within its franchise agreement,
permit, license, or other agreement entered into with the city.
G. Requirements for facility operators and community composting operations
(1) Owners of facilities, operations, and activities that recover organic waste,
including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-
owned treatment works shall, upon the city’s request, provide information regarding
available and potential new or expanded capacity at their facilities, operations, and
activities, including information about throughput and permitted capacity necessary for
planning purposes. Entities contacted by the city shall respond within 60 days.
(2) Community composing operators, upon the city’s request, shall provide
information to the city to support organic waste capacity planning, including, but not
limited to, an estimate of the amount of organic waste anticipated to be handled at t he
community composting operation. Entities contacted by the city shall respond within 60
days.
H. Compliance with CALGreen recycling requirements
In addition to any other requirements of this chapter, the following requirements also
apply:
(1) For projects covered by the California Green Building Standards Code, 24
CCR, Part 11, the applicants must, as a condition of the city’s permit approval, comply
with the following:
(a) Where five (5) or more multi-family dwelling units are constructed on
a building site, provide readily accessible areas that serve occupants of all buildings on
the site and are identified for the storage and collection of blue container and green
container materials, consistent with the three container collection program offered by the
city, or comply with provision of adequate space for recycling for multi-family and
commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the
California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019
and effective January 1, 2020.
(b) Where new commercial construction or additions will result in more
than 30% of the floor area, provide readily accessible areas identified for the storage and
collection of blue container and green container materials, consistent with the three
container collection program offered by the city, or shall comply with provision of adequate
space for recycling for multi-family and commercial premises pursuant to Sections
4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code,
24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
(2) For organic waste commingled with construction and demolition material,
the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and
effective January 1, 2020 shall be complied with.
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Article II. Unauthorized Containers
8.36.220 Placement of unauthorized containers—Prohibited.
No person other than an authorized solid waste collector shall place a 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 wast e
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 pub lic
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 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
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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 conta iner, 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.
(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.
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Where the contents present imminent threat to public health and safety or consist of
putrescible matter, medical waste or hazardous waste, as dete rmined 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 se t 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.
8.36.230
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) affirmat ive
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 g overn over any
inconsistent provisions contained in this chapter.
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 conce rn. 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
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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 including the SB 1383 Regulations, 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,
the SB 1383 Regulations, 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, multifamily, and commercial.
(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.
(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 organics
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.
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.
8.36.325
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
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service recipients for planning, developing and administering: (1) any program regarding
solid waste, household hazardous waste, recyclable solid wastes and/or green waste,
and/or organic 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 was te
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 t ransport 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.
8.36.330
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 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.
(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 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
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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 r easonable
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 t ime, 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 auth ority 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, electronic messa ging,
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.
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.
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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.
8.36.340
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 a nd
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 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.
8.36.345
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.
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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 franc hise
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
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.
8.36.350
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
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,
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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 residen ts,
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.
(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.
8.36.360
8.36.365 Clean up of solid waste spills.
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,
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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 dur ing
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.
8.36.365
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, 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.
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. 8.36.370
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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 ma y 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, organic waste or green waste from any premises within the city.
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.
8.36.420
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 contractor’s license according with Section
8.36.750 of this chapter, shall keep solid waste, including green waste and organic 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 ac cumulate
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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. Except as otherwise provided in this chapter,
all solid waste created, produced or accumulated in or about residenti al 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 of ten as prescribed in this
chapter. Unless otherwise permitted by this chapter, the party responsible for day-to-day
activities or operations of any 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.
8.36.435
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.
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.
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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.
8.36.460
8.36.480 Scavenging.
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 obta ining 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, including section 8.36.090(D).
B. The following large events and large venues are subject to the requirements
of this chapter:
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(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.)
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, fro m 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 mate rial 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, and annually thereafter, the operator of a large venue
shall meet with the administrative authority, franchisees and/or collectors of the large
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venue to determine the appropriate waste reduction programs to meet the requirements
of this chapter.
8.36.520
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.
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
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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.
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.
F. Installation of swimming pools or spas.
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G. 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.
H. 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.
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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.
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
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.
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:
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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.
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.
8.36.665
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, demolitio n, 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 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
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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.
8.36.675
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, 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.
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.
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8.36.680
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 a pplicant
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 applica nt
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.
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.
8.36.685
8.36.690 Appeals.
A. A decision or order of the administrative authorit y 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.
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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.
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 ent itled 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, including organic 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 organic waste or
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.
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F. If the administrative authority determines that the holder of a solid waste
self-haul permit is not complying with the conditions of the ex emption 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
service at the premises and arrange for billing to the person in charge of day -to-day
activities or operations.
8.36.720
8.36.730 Self-haul disposal at authorized sites.
To enable the city to comply with diversion rates required by AB 939, 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.
8.36.735 SB 1383 Compliance
In addition to the other requirements set forth in this article VII, self-haulers shall
comply with the following requirements for self-haulers related to SB 1383 and the SB
1383 Regulations.
A. Self-haulers shall source separate all recyclable materials and organic
waste generated on-site from solid waste in a manner consistent with 14 CCR Section
18984.12, or shall haul organic waste to a high diversion organic waste processing facility
as specified in 14 CCR Section 18984.3.
B. Self-haulers shall haul their source separated recyclable materials to a
facility that recovers those materials; and haul their source separated green container
organic waste to a solid waste facility, operation, activity, or property that processes or
recovers source separated organic waste. Alternatively, self-haulers may haul organic
waste to a high diversion organic waste processing facility.
C. Self-haulers that are commercial businesses (including multi-family
residential dwellings) shall keep a record of the amount of organic waste delivered to each
solid waste facility, operation, activity, or property that processes or recovers organic
waste; this record shall be subject to inspection by the city. The records shall include the
following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
(2) The amount of material in cubic yards or tons transported by the generator
to each entity.
(3) If the material is transported to an entity that does not have scales on -site,
or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows
it to determine the weight of materials received, the self-hauler is not required to record
the weight of material but shall keep a record of the entities that received the organic
waste.
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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.
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. In addition,
contractors must comply with section 8.36.090.
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 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.
8.36.840 SB 1383 Inspections and Investigations.
A. City representatives and/or its designated agents, including the franchised
waste hauler, are authorized to conduct inspections and investigations, at random or
otherwise, of any collection container, collection vehicle loads, or transfer, processing, or
disposal facility for materials collected from generators, or source separated materials to
confirm compliance with this chapter by organic waste generators, commercial
businesses (including multi-family residential dwellings), property owners, commercial
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edible food generators, haulers, self-haulers, food recovery services, and food recovery
organizations, subject to applicable laws. This Section does not allow the City, its
designees or agents to enter the interior of a private residential property for in spection.
For the purposes of inspecting commercial business containers for compliance with
8.36.0909(B) of this chapter, city may conduct container inspections for prohibited
container contaminants.
B. Regulated entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate with the city’s
employee or its designated entity/designee during such inspections and investigations.
Such inspections and investigations may include confirmation of proper placement of
materials in containers, edible food recovery activities, records, or any other requirement
of this ordinance described herein. Failure to provide or arrange for:
(1) access to an entity’s premises;
(2) installation and operation of remote monitoring equipment (if
applicable); or
(3) access to records for any inspection or investigation
is a violation of this chapter and may result in penalties described.
C. Any records obtained by the city during its inspections, remote monitoring,
and other reviews shall be subject to the requirements and applicable disclosure
exemptions of the Public Records Act as set forth in Government Code Section 6250 et
seq.
D. City representatives, its Designees and agents are authorized to conduct
any inspections, remote monitoring, or other investigations as reasonably necessary to
further the goals of this chapter, subject to applicable laws.
E. City shall receive written complaints from persons regarding an entity that
may be potentially non-compliant with SB 1383 Regulations, including receipt of
anonymous complaints in accordance with by 14 CCR Section 18995.3.
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. and/or by fine in the
following amounts:
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per
violation.
(2) For a second violation, the amount of the base penalty shall be $100 to
$200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be
$250 to $500 per violation.”
SECTION 2. CEQA. The City Council finds that this Ordinance is exempt from the
California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines
Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the
enhanced solid waste regulations, as provided for in this Ordinance will not have a
significant effect on the environment and that the new requirements, which strengthen
Ordinance No. ___
Page 57
617
requirements for the handling of solid waste, re present actions by a regulatory agency
(the City) for the protection of the environment.
Ordinance No. ___
Page 58
618
ATTACHMENT 2
Chapter 8.36
SOLID WASTE
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 8.368.36, “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 Articlearticle XI, Section 7 of the California Constitution, and the Public
Resources CodePublic Resources Code, Title VIII, as they may be amended from time
to time.
8.36.010 Definitions.
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 or in this
chapter shall have the meaningmeanings defined in Division 30, Part 1, Chapter 2 of the
Public Resources CodePublic 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, or as specified above, 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 CodePublic
Resources Code, Sections 40000 et seq., as theyit 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
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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.
“Blue container,” as of the effective date of the ordinance amending and restating
this chapter, means with respect to existing containers for single-family residential
premises containers that are gray in color with lids that are gray in color, and with respect
to existing containers for multi-family and commercial premises, containers that are blue
in color. At the end of the useful life of the existing containers or January 1, 2036,
whichever comes first, “Blue Container” will have the same meaning as in 14 CCR Section
18982.(a)(5). A “Blue Container” shall be used for the purpose of storage and collection
of source separated recyclable materials and source separated blue container organic
waste.
“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.
“C&D materials management plan” or “construction and demolition materials
management plan” or “C&DMMP” shall mean the plan described in Section
8.36.6408.36.640.
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“Cathode ray tube” or “CRT” means the glass video display component of an
electronic device (usually a television or computer monitor).
“CalRecycle” means the California Department of Resources Recycling and
Recovery, which is the Department designated with responsibility for developing,
implementing, and enforcing SB 1383 Regulations on local jurisdictions.
“California Code of Regulations” or “CCR” means the State of California Code of
Regulations. CCR references in this chapter are preceded with a number that refers to
the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
“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 commercialpursuant to a 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 business” or “commercial” means a firm, partnership, proprietorship,
joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall,
industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR
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Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five
(5) units is not a commercial business for purposes of implementing this chapter.
“Commercial edible food generator” includes a tier one or a tier two commercial
edible food generator as defined in this section or as otherwise defined in 14 CCR Section
18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations
and food recovery services are not commercial edible food generators pursuant to 14
CCR Section 18982(a)(7).
“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 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.
“Composting” means the controlled and monitored process of converting organic
waste into compost by decomposition.
“Community composting” means any activity that composts green material,
agricultural material, food material, and vegetative food material, alone or in combination,
and the total amount of feedstock and compost on-site at any one time does not exceed
100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as
otherwise defined by 14 CCR Section 18982(a)(8).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which
stated, as of the effective date of the ordinance amending and restating this chapter, that
“Compost” means the product resulting from the controlled biological decomposition of
organic solid wastes that are source separated from the municipal solid waste stream, or
which are separated at a centralized facility.
“Compostable plastics” or “compostable plastic” means plastic materials that meet
the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR
Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
“Composting” means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in combination.
“Construction” means the building of any facility or structure or any portion thereof
including any tenant improvements to an existing facility or structure.
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“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 8.36.6558.36.655 of this chapter.
“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, organic waste, and C&D material from residential premises and commercial
premises.
“Container contamination” or “contaminated container” means a container,
regardless of color, that contains prohibited container contaminants, or as otherwise
defined in 14 CCR Section 18982(a)(55).
“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.
“Designee” means an entity that the city contracts with or otherwise arranges to
carry out any of the city’s responsibilities of this chapter as authorized in 14 CCR Section
18981.2. A designee may be a government entity, a hauler, a private entity, or a
combination of those entities.
“Disposal” means the management of refuse through landfill deposit or
transformation at solid waste facilities permitted under applicable law.
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“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 8.36.6858.36.685, 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 CodePublic Resources Code Section 40124 as it may be amended from time
to time.
“Edible food” means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise
defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered
and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires
or authorizes the recovery of edible food that does not meet the food safety requirements
of the California Retail Food Code.
Electronic Waste. See “universal waste.”
“Enforcement Action" means an action of the city to address non-compliance with
this chapter including, but not limited to, issuing administrative citations, fines, penalties,
or using other remedies.
“Excluded waste” means hazardous substance, hazardous waste, infectious
waste, designated waste, volatile, corrosive, medical waste, infectious, regulated
radioactive waste, and toxic substances or material that facility operator(s), which receive
materials from the city and its generators, reasonably believe(s) would, as a result of or
upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal
law, regulation, or ordinance, including: land use restrictions or conditions, waste that
cannot be disposed of in Class III landfills or accepted at the facility by permit conditions,
waste that in city’s or its designee’s reasonable opinion would present a significant risk to
human health or the environment, cause a nuisance or otherwise create or expose city,
or its designee, to potential liability; but not including de minimis volumes or
concentrations of waste of a type and amount normally found in single-family or multi-
family solid waste after implementation of programs for the safe collection, processing,
recycling, treatment, and disposal of batteries and paint in compliance with Sections
41500 and 41802 of the California Public Resources Code.
“Food distributor” means a company that distributes food to entities including, but
not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR
Section 18982(a)(22).
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“Food facility” has the same meaning as in Section 113789 of the Health and
Safety Code.
“Food recovery” means actions to collect and distribute food for human
consumption that otherwise would be disposed, or as otherwise defined in 14 CCR
Section 18982(a)(24).
“Food recovery organization” means an entity that engages in the collection or
receipt of edible food from commercial edible food generators and distributes that edible
food to the public for food recovery either directly or through other entities or as otherwise
defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the
Health and Safety Code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842
of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the
purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant
to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for food recovery organization
differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to
this chapter.
“Food recovery service” means a person or entity that collects and transports
edible food from a commercial edible food generator to a food recovery organization or
other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).
A food recovery service is not a commercial edible food generator for the purposes of this
chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR
Section 18982(a)(7).
“Food service provider” means an entity primarily engaged in providing food
services to institutional, governmental, commercial, or industrial locations of others based
on contractual arrangements with these types of organizations, or as otherwise defined
in 14 CCR Section 18982(a)(27).
“Food-soiled paper” is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups,
napkins, pizza boxes, and milk cartons.
“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.
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“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 and
compostable plastics, as defined herein.
“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.
“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.
“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.
“Gray container,” as of the effective date of the ordinance amending and restating
this chapter, means with respect to existing containers for single-family residential
premises containers that are blue in color with lids that are blue in color, and with respect
to existing containers for multi-family and commercial premises, containers that are green
in color. At the end of the useful life of the existing containers or January 1, 2036,
whichever comes first, “Gray Container” will have the same meaning as in 14 CCR
Section 18982(a)(28). A “Gray Container” shall be used for the purpose of storage and
collection of gray container waste.
“Gray container waste” means solid waste that is collected in a gray container that
is part of the city’s three container organic waste collection service that prohibits the
placement of organic waste in the gray container as specified in 14 CCR Sections
18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
“Green container,” as of the effective date of the ordinance amending and restating
this chapter, means with respect to existing containers for single-family residential
premises containers that are green in color with lids that are green in color, and with
respect to existing containers for multi-family and commercial premises, containers that
are green in color. At the end of the useful life of the existing containers or January 1,
2036, whichever comes first, “Green Container” will have the same meaning as in 14 CCR
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Section 18982(a)(29). A “Green Container” shall be used for the purpose of storage and
collection of source separated green container organic 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.
“Grocery store” means a store primarily engaged in the retail sale of canned food;
dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that
is not separately owned within the store where the food is prepared and served, including
a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR
Section 18982(a)(30).
“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 CodeHealth 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.
“High diversion organic waste processing facility” means a facility that is in
compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or
exceeds an annual average mixed waste organic content recovery rate of 50 percent
between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025,
as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the
“Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5);
or, as otherwise defined in 14 CCR Section 18982(a)(33).
“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.
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“Inert waste” shall have the meaning ascribed by Public Resources CodePublic
Resources Code Section 41821.3(a)(1), as it may be amended from time to time.
“Inspection” means a site visit where the city reviews records, containers, and an
entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food
handling to determine if the entity is complying with requirements set forth in this chapter,
or as otherwise defined in 14 CCR Section 18982(a)(35).
“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 anyan event, including, but not limited to, a sporting event or
a flea market, 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 byand serves an average of more than two thousand
(2,000) persons, including workers and volunteers, individuals per day of operation of the
event, at a location that includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open space when being used
for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition,
the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
“Large venue” means a permanent venue facility that annually seats or serves an
average of more than two thousand (2,000) individuals within the grounds of the facility
per day of operation, including workers, such as, but not limited to, convention centers,
community centers, golf clubs of the venue facility. For purposes of this chapter and
implementation of 1 CCR, Division 7, Chapter 12, a venue facility includes, but is not
limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater,
arena, hall, amusement parkspark, recreational parks, theaters and concert halls located
within the city and any other facility or place that is a “venueconference or civic center,
zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground,
museum, theater, or other public attraction facility” for purposes of Public Resources
Code Section 42648, as it may be amended from time to time. For purposes of this
chapter and implementation of 14 CCR, Division 7, Chapter 12, 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. If the definition in 14 CCR Section
18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39)
shall apply to this chapter.
“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.
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“Local education agency” means a school district, charter school, or county office
of education that is not subject to the control of city or county regulations related to solid
waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
“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.
“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.
“Mixed waste organic collection stream” or “Mixed waste” means organic waste
collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3
to be taken to a high diversion organic waste processing facility or as otherwise defined
in 14 CCR Section 17402(a)(11.5).
“Multi-family residential dwelling” or “Multi-family” means of, from, or pertaining to
residential premises with five (5) or more dwelling units. Multi-family premises do not
include hotels, motels, or other transient occupancy facilities, which are considered
commercial businesses.
“Non-compostable paper” includes but is not limited to paper that is coated in a
plastic material that will not breakdown in the composting process, or as otherwise
defined in 14 CCR Section 18982(a)(41).
“Non-Local Entity” means the following entities that are not subject to the city’s
enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the city.
(2) Federal facilities, including military installations, located within the
boundaries of the city.
(3) Prison(s) located within the boundaries of the city.
(4) Facilities operated by the State Park system located within the boundaries
of the city.
(5) Public universities (including community colleges) located within the
boundaries of the city.
(6) County fairgrounds located within the boundaries of the city.
(7) State agencies located within the boundaries of the city.
“Non-organic recyclables” means non-putrescible and non-hazardous recyclable
solid wastes including but not limited to bottles, cans, metals, plastics and glass, or as
otherwise defined in 14 CCR Section 18982(a)(43).
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“NPDES” means the National Pollutant Discharge Elimination System permit
currently active and in effect in the city.
“Organics” or “organicOrganic waste” means solid wastes containing material
originated from living organisms and their metabolic waste products, including but not
limited to food waste, green waste, landscape and pruning waste, nonhazardousorganic
textiles and carpets, lumber, wood waste, paper products, printing and food-soiledwriting
paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR
Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section
18982(a).
“Organic waste generator” means a person or entity that is mixed in with food
wasteresponsible for the initial creation of organic waste, or as otherwise defined in 14
CCR Section 18982(a)(48).
“Paper products” include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling,
or as otherwise defined in 14 CCR Section 18982(a)(51).
“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 CodePublic 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.
“Printing and writing paper(s)” include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated
writing papers, posters, index cards, calendars, brochures, reports, magazines, and
publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
“Processing” means the reduction, separation, recovery, conversion or recycling
of solid waste.
“Prohibited container contaminants” means the following: (i) discarded materials
placed in the blue container that are not identified as acceptable source separated
recyclable materials for the city’s blue container; (ii) discarded materials placed in the
green container that are not identified as acceptable source separated green container
organic waste for the city’s green container; (iii) discarded materials placed in the gray
container that are acceptable source separated recyclable materials and/or source
separated green container organic wastes to be placed in city’s green container and/or
blue container; and, (iv) excluded waste or special waste placed in any container.
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“Project” means any activity for which a building, demolition, grading or other
similar permit is required. See also “Covered project.”
“Recovery” means any activity or process described in 14 CCR Section
18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
“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.
Refuse. See “solid waste.”
“Remote monitoring” means the use of the internet of things (IoT) and/or wireless
electronic devices to visualize the contents of blue containers, green containers, and gray
containers for purposes of identifying the quantity of materials in containers (level of fill)
and/or presence of prohibited container contaminants.
“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 organic waste,
green waste and recyclable materials solid waste, generated or accumulated at
residential premises and placed in residential containers for accumulation and collection.
“Restaurant” means an establishment primarily engaged in the retail sale of food
and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR
Section 18982(a)(64).
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“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.
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to
the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652)
to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions
reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
“SB 1383 regulations” means or refers to, for the purposes of this chapter, the
Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by
CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and
amended portions of regulations of 14 CCR and 27 CCR.
“Self-hauler” means a person, who hauls solid waste, including green waste,
organic waste, or recyclable material he or she has generated to another person. Self-
hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR
Section 18982(a)(66). Back-haul means generating and transporting organic waste to a
destination owned and operated by the generator using the generator’s own employees
and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Single-Family” means of, from, or pertaining to any residential premises with fewer
than five (5) units.
“Solid waste” meanshas the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and non-putrescible
solid, and semisolid, and liquid wastes, including but not limited to garbage, trash, refuse,
paper, rubbish, ashashes, C&D materialindustrial wastes, demolition and construction
wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances,
dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid orand semi-solid wastes, and other discarded solid or
semi-solidand semisolid wastes, and has the meaning ascribedwith the exception that
solid waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section
40141.
(2) Radioactive waste regulated pursuant to it by the California Public
Resources Code Sections 40000, et seq., as they may be amended from time to
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timeState Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part
9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management
Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and
Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill,
as defined in State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of
the State Public Resources Code. Recyclable materialsolid waste 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.
“Source separated” means materials, including commingled recyclable materials,
that have been separated or kept separate from the solid waste stream, at the point of
generation, for the purpose of additional sorting or processing those materials for
recycling or reuse in order to return them to the economic mainstream in the form of raw
material for new, reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section
17402.5(b)(4). For the purposes of this chapter, source separated shall include
separation of materials by the generator, property owner, property owner’s employee,
property manager, or property manager’s employee into different containers for the
purpose of collection and processing.
“Source separated blue container organic waste” means source separated organic
wastes that can be placed in a blue container that is limited to the collection of those
organic wastes and non-organic recyclables as defined in Section 18982(a)(43), or as
otherwise defined by Section 17402(a)(18.7).
“Source separated green container organic waste” means source separated
organic waste that can be placed in a green container that is specifically intended for the
separate collection of organic waste by the generator, excluding source separated blue
container organic waste, carpets, Non-Compostable Paper, and textiles.
“Source separated recyclable materials” means source separated non-organic
recyclables and source separated blue container organic waste.
“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.
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“State” means the state of California.
“Supermarket” means a full-line, self-service retail store with gross annual sales of
two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned
goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR
Section 18982(a)(71).
“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.
“Tier one commercial edible food generator” means a commercial edible food
generator that is one of the following:
(1) Supermarket.
(2) Grocery store with a total facility size equal to or greater than 10,000 square
feet.
(3) Food service provider.
(4) Food distributor.
(5) Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier one commercial edible food
generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall
apply to this chapter.
“Tier two commercial edible food generator” means a commercial edible food
generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater
than 5,000 square feet.
(2) Hotel with an on-site food facility and 200 or more rooms.
(3) Health facility with an on-site food facility and 100 or more beds.
(4) Large venue.
(5) Large event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria
facility size equal to or greater than 5,000 square feet.
(7) A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier two commercial edible food
generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall
apply to this chapter.
“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.
“Wholesale food vendor” means a business or establishment engaged in the
merchant wholesale distribution of food, where food (including fruits and vegetables) is
received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or
other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
8.36.010
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, excluded wastes 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
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provided by an authorized franchisefranchisee or solid waste collector for collection of
solid waste, the solid waste becomes the property of the franchisee or solid waste
collector.
8.36.030 Provisions Provision 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 Section 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.
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, 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, recyclable
solid waste, organic waste, 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.
8.36.030
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, organic waste or green waste
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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, organic 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 and equipment as an incidental part of a total service provided by the
contractor and abiding by Article VIthe provisions of this chapter, including article VI, and
section 8.36.090, and 14 CCR Sections 18988.1 and 18989.1.
(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
8.36.0458.36.045 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, and the SB 1383 Regulations. 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
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operations does not subscribe to service within seventy-two (72) hours of the notice, or
obtain an exemption per Section 8.36.0458.36.045, 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 Articlearticle VII of this chapter, and if approved for an exemption, is required
to 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. Self-haulers shall comply
with the requirements of article VII of this chapter,
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, the SB 1383 Regulations, 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 Itemitem, at any place or in any manner
other than specified in this chapter or franchise agreement.
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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.
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 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.
8.36.070
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 CodePublic 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.
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8.36.075
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.
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.
8.36.090 Organic waste.
Businesses that generate two (2) 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.
A. Requirements for single-family organic waste generators
(1) Single-family organic waste generators, except single-family generators
that meet the self-hauler requirements of article VII of this chapter shall:
(a) subscribe to city’s organic waste collection services for all organic
waste generated as described below in Section 8.36.090(A)(1)(b). City shall have the
right to review the number and size of a generator’s containers to evaluate adequacy of
capacity provided for each type of collection service for proper separation of materials
and containment of materials; and, single-family generators shall adjust its service level
for its collection services as requested by the city. Generators may additionally manage
their organic waste by preventing or reducing their organic waste, managing organic
waste on site, and/or using a community composting site pursuant to 14 CCR Section
18984.9(c)
(b) Participate in the city’s organic waste collection service(s) by placing
designated materials in designated containers as described below, and shall not place
prohibited container contaminants in collection containers.
(c) Generator shall place source separated green container organic
waste, including food waste, in the green container; source separated recyclable
materials in the blue container; and gray container waste in the gray container.
Generators shall not place materials designated for the cray container into the green
container or blue container.
B. Requirements for commercial businesses, including multi-family residential
dwellings
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(1) Generators that are commercial businesses, including multi-family
residential dwellings, except commercial businesses that meet the self-hauler
requirements in article VII of this chapter shall:
(a) Subscribe to city’s three container collection services and comply
with requirements of those services as described below in Section 8.36.090(B)(1)(b).
The city shall have the right to review the number and size of a generator’s containers
and frequency of collection to evaluate adequacy of capacity provided for each type of
collection service for proper separation of materials and containment of materials; and,
commercial businesses shall adjust their service level for their collection services as
requested by the city.
(b) Participate in the city’s organic waste collection services by placing
source separated green container organic waste, including food waste, in the green
container; source separated recyclable materials in the blue container; and gray
container waste in the gray container. Generator shall not place materials designated
for the gray container into the green container or blue container.
(c) Supply and allow access to adequate number, size and location of
collection containers with sufficient labels or colors (conforming with Sections
8.36.090(B)(1)(d)(ii)(a) and (b) below for employees, contractors, tenants, and
customers, consistent with the city’s blue container, green container, and gray container
collection service.
(d) Except for multi-family residential dwellings, provide containers for
the collection of source separated green container organic waste and source separated
recyclable materials in all indoor and outdoor areas where disposal containers are
provided for customers, for materials generated by that business. Such containers need
not be provided in restrooms.
(i) If a commercial business does not generate any of the
materials that would be collected in one type of container, then the business does not
have to provide that particular container in all areas where disposal containers are
provided for customers.
(ii) Pursuant to 14 CCR Section 18984.9(b), the containers
provided by the business shall have either:
a) A body or lid that conforms with the container colors
provided through the collection service provided by the city, with either lids conforming to
the color requirements or bodies conforming to the color requirements or both lids and
bodies conforming to color requirements. A commercial business is not required to
replace functional containers, including containers purchased prior to January 1, 2022,
that do not comply with the requirements of the subsection prior to the end of the useful
life of those containers, or prior to January 1, 2036, whichever comes first.
b) Container labels that include language or graphic
images, or both, indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or graphic images that
indicate the primary materials accepted and primary materials prohibited in the container.
Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required
on new containers commencing January 1, 2022.
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(e) Multi-family residential dwellings are not required to comply with
container placement requirements or labeling requirement in Section 8.36.090 (B)(1)(d)
above pursuant to 14 CCR Section 18984.9(b).
(f) To the extent practical through education, training, inspection, and/or
other measures, excluding multi-family residential dwellings, prohibit employees from
placing materials in a container not designated for those materials per the city’s blue
container, green container, and gray container collection service or, if self-hauling, per
the commercial businesses’ instructions to support its compliance with its self-haul
program, in accordance with article VII of this chapter.
(g) Excluding multi-family residential dwellings, periodically inspect blue
containers, green containers, and gray containers for contamination and inform
employees if containers are contaminated and of the requirements to keep contaminants
out of those containers pursuant to 14 CCR Section 18984.9(b)(3) at least once per week
unless otherwise specified, in writing, by the city.
(h) Annually provide information to employees, contractors, tenants, and
customers about organic waste recovery requirements and about proper sorting of source
separated green container organic waste and source separated recyclable materials.
(i) Provide education information before or within fourteen (14) days of
occupation of the premises to new tenants that describes requirements to keep source
separated green container organic waste and source separated recyclable materials
separate from gray container waste (when applicable) and the location of containers and
the rules governing their use at each property.
(j) Provide or arrange access for city or its agent(s) to their properties
during all inspections conducted in accordance with Section 8.36.840 of this chapter to
confirm compliance with the requirements of this chapter.
(k) Accommodate and cooperate with city’s remote monitoring program,
if applicable, for inspection of the contents of containers for prohibited container
contaminants, which may be implemented at a later date, to evaluate generator’s
compliance with section 8.36.090(B). The remote monitoring program shall involve
installation of remote monitoring equipment on or in the blue containers, green containers,
and gray containers.
(l) If a commercial business wants to self-haul, meet the self-hauler
requirements in article VII of this chapter.
(m) Nothing in this section prohibits a generator from preventing or
reducing waste generation, managing organic waste on site, or using a community
composting site pursuant to 14 CCR Section 18984.9(c).
(n) Commercial businesses that are tier one or tier two commercial
edible food generators shall comply with food recovery requirements, pursuant to Section
8.36.090(D).
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C. Waivers for generators
(1) De Minimis Waivers: The city may waive a commercial business’ obligation
(including multi-family residential dwellings) to comply with some or all of the organic
waste requirements of this chapter if the commercial business provides documentation
that the business generates below a certain amount of organic waste material as
described in Section 8.36.090(C)(1)(b) below. Commercial businesses requesting a de
minimis waiver shall:
(a) Submit an application specifying the services that they are
requesting a waiver from and provide documentation as noted in Section
8.36.090(C)(1)(b) below.
(b) Provide documentation that either:
(i) The commercial business’ total solid waste collection service
is two cubic yards or more per week and organic waste subject to collection in a blue
container or green container comprises less than 20 gallons per week per applicable
container of the business’ total waste; or,
(ii) The commercial business’ total solid waste collection service
is less than two cubic yards per week and organic waste subject to collection in a blue
container or green container comprises less than 10 gallons per week per applicable
container of the business’ total waste.
(c) Notify the city if circumstances change such that commercial
business’s organic waste exceeds threshold required for waiver, in which case waiver will
be rescinded.
(d) Provide written verification of eligibility for de minimis waiver every 5
years, if the city has approved de minimis waiver.
(2) Physical space waivers: The city may waive a commercial business’ or
property owner’s obligations (including multi-family residential dwellings) to comply with
some or all of the source separated recyclable materials and/or organic waste collection
service requirements if the city has evidence from its own staff, a hauler, licensed
architect, or licensed engineer demonstrating that the premises lacks adequate space for
the collection containers required for compliance with the organic waste collection
requirements of Section 8.36.090 (A), (B), and (C).
A commercial business or property owner may request a physical space waiver
through the following process:
(a) Submit an application form specifying the type(s) of collection
services for which they are requesting a compliance waiver.
(b) Provide documentation that the premises lack adequate space for
blue containers and/or green containers including documentation from its hauler, licensed
architect, or licensed engineer.
(c) Provide written verification to the city that it is still eligible for physical
space waiver every five years, if the city has approved application for a physical space
waiver.
(3) Collection frequency waiver
(a) The City, at its discretion and in accordance with 14 CCR Section
18984.11(a)(3), may allow the owner or tenant of any residence, premises, business
establishment or industry that subscribes to the city’s three- container organic waste
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collection service to arrange for the collection of their blue container, gray container, food
waste container or any combination once every fourteen days, rather than once per week.
D. Requirements for edible food generators
(1) Tier one commercial edible food generators must comply with the
requirements of this section 8.36.090(D) commencing January 1, 2022, and tier two
commercial edible food generators must comply commencing January 1, 2024, pursuant
to 14 CCR Section 18991.3.
(2) Large venue or large event operators not providing food services, but
allowing for food to be provided by others, shall require food facilities operating at the
large venue or large event to comply with the requirements of this Section, commencing
January 1, 2024.
(3) Commercial edible food generators shall comply with the following
requirements:
(a) Arrange to recover the maximum amount of edible food that would
otherwise be disposed.
(b) Contract with, or enter into a written agreement with food recovery
organizations or food recovery services for:
(i) the collection of edible food for food recovery; or,
(ii) acceptance of the edible food that the commercial edible food
generator self-hauls to the food recovery organization for food recovery.
(c) Shall not intentionally spoil edible food that is capable of being
recovered by a food recovery organization or a food recovery service.
(d) Allow the city’s designated enforcement entity or designated third
party enforcement entity to access the premises and review records pursuant to 14 CCR
Section 18991.4.
(e) Keep records that include the following information, or as otherwise
specified in 14 CCR Section 18991.4:
(i) A list of each food recovery service or organization that
collects or receives its edible food pursuant to a contract or written agreement established
under 14 CCR Section 18991.3(b).
(ii) A copy of all contracts or written agreements established
under 14 CCR Section 18991.3(b).
(iii) A record of the following information for each of those food
recovery services or food recovery organizations:
1) The name, address and contact information of the food
recovery service or food recovery organization.
2) The types of food that will be collected by or self-hauled
to the food recovery service or food recovery organization.
3) The established frequency that food will be collected or
self-hauled.
4) The quantity of food, measured in pounds recovered
per month, collected or self-hauled to a food recovery service or food recovery
organization for food recovery.
(f) Nothing in this chapter shall be construed to limit or conflict with the
protections provided by the California Good Samaritan Food Donation Act of 2017, the
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Federal Good Samaritan Act, or share table and school food donation guidance pursuant
to Senate Bill 557 of 2017 (approved by the Governor of the State of California on
September 25, 2017, which added article 13 [commencing with Section 49580] to Chapter
9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079
of the Health and Safety Code, relating to food safety, as amended, supplemented,
superseded and replaced from time to time).
E. Food recovery services.
(1) Food recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement established under
14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise
specified by 14 CCR Section 18991.5(a)(1):
(a) The name, address, and contact information for each commercial
edible food generator from which the service collects edible food.
(b) The quantity in pounds of edible food collected from each
commercial edible food generator per month.
(c) The quantity in pounds of edible food transported to each food
recovery organization per month.
(d) The name, address, and contact information for each food recovery
organization that the food recovery service transports edible food to for food recovery.
(2) Food recovery organizations collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement established under
14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise
specified by 14 CCR Section 18991.5(a)(2):
(a) The name, address, and contact information for each commercial
edible food generator from which the organization receives edible food.
(b) The quantity in pounds of edible food received from each commercial
edible food generator per month.
(c) The name, address, and contact information for each food recovery
service that the organization receives edible food from for food recovery.
(3) Food recovery organizations and food recovery services that have their
primary address physically located in the city and contract with or have written
agreements with one or more commercial edible food generators pursuant to 14 CCR
Section 18991.3(b) shall report to the city it is located in the total pounds of edible food
recovered in the previous calendar year from the tier one and tier two commercial edible
food generators they have established a contract or written agreement with pursuant to
14 CCR Section 18991.3(b) no later than January 1 of each year unless the city specifies,
in writing, a different date.
(4) Food recovery capacity planning
(a) In order to support edible food recovery capacity planning
assessments or other studies conducted by the County of Ventura , the city, special
district that provides solid waste collection services, or its designated entity, food recovery
services and food recovery organizations operating in the city shall provide information
and consultation to the city, upon request, regarding existing, or proposed new or
expanded, food recovery capacity that could be accessed by the city and its commercial
edible food generators. A food recovery service or food recovery Organization contacted
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by the Jurisdiction shall respond to such request for information within 60 days, unless a
shorter timeframe is otherwise specified by the city .
F. Requirements for haulers and facility operators
(1) Franchised waste haulers, providing residential, commercial, or industrial
organic waste collection services to generators within the city’s boundaries shall meet the
following requirements and standards as a condition of approval of a contract, agreement,
or other authorization with the city to collect organic waste:
(a) Through written notice to the city annually on or before January 1,
commencing January 1, 2022, identify the facilities to which they will transport organic
waste including facilities for source separated recyclable materials, source separated
green container organic waste, and food waste.
(b) Transport source separated recyclable materials, source separated
green container organic waste, and food waste and Mixed Waste to a facility, operation,
activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter
12, article 2.
(c) Obtain approval from the city to haul organic waste, unless it is
transporting source separated organic waste to a community composting site or lawfully
transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section
8.36.090 (G) of this chapter , including article VI of this chapter.
(2) Franchised waste haulers authorized to collect organic waste shall comply
with education, equipment, signage, container labeling, container color, contamination
monitoring, reporting, and other requirements contained within its franchise agreement,
permit, license, or other agreement entered into with the city.
G. Requirements for facility operators and community composting operations
(1) Owners of facilities, operations, and activities that recover organic waste,
including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-
owned treatment works shall, upon the city’s request, provide information regarding
available and potential new or expanded capacity at their facilities, operations, and
activities, including information about throughput and permitted capacity necessary for
planning purposes. Entities contacted by the city shall respond within 60 days.
(2) Community composing operators, upon the city’s request, shall provide
information to the city to support organic waste capacity planning, including, but not
limited to, an estimate of the amount of organic waste anticipated to be handled at the
community composting operation. Entities contacted by the city shall respond within 60
days.
H. Compliance with CALGreen recycling requirements
In addition to any other requirements of this chapter, the following requirements also
apply:
(1) For projects covered by the California Green Building Standards Code, 24
CCR, Part 11, the applicants must, as a condition of the city’s permit approval, comply
with the following:
(a) Where five (5) or more multi-family dwelling units are constructed on
a building site, provide readily accessible areas that serve occupants of all buildings on
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the site and are identified for the storage and collection of blue container and green
container materials, consistent with the three container collection program offered by the
city, or comply with provision of adequate space for recycling for multi-family and
commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the
California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019
and effective January 1, 2020.
(b) Where new commercial construction or additions will result in more
than 30% of the floor area, provide readily accessible areas identified for the storage and
collection of blue container and green container materials, consistent with the three
container collection program offered by the city, or shall comply with provision of adequate
space for recycling for multi-family and commercial premises pursuant to Sections
4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code,
24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
(2) For organic waste commingled with construction and demolition material,
the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and
effective January 1, 2020 shall be complied with.
Article II. Unauthorized Containers
8.36.220 Placement of unauthorized containers—Prohibited.
No person other than an authorized solid waste collector shall place an
unauthorizeda 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
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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 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.
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(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.
(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.
8.36.230
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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 8.36.0308.36.030. 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.
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 CodeHealth
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 including the SB 1383 Regulations, 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,
the SB 1383 Regulations, and Public Resources CodePublic 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, multifamily, and commercial.
(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.
(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.
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(8. ) The city shall have the right to mandate commercial recycling and organics
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.
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 8.36.3258.36.325 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.
8.36.325
8.36.330 Fees.
A. Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources
CodePublic 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, and/or organic 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 CCRCCR 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.
8.36.330
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:
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(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 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.
(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
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 CodePublic 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.
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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.
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.
8.36.340
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.
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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 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.
8.36.345
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. 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
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.
8.36.350
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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 Articlearticle 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 Articlearticle 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
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.
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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.
(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.
8.36.360
8.36.365 Clean up of solid waste spills.
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.
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.
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8.36.365
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, 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.
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.
8.36.370
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.
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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 Articlearticle VII of this chapter shall collect or remove any
solid waste, organic waste or green waste from any premises within the city.
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 Articlearticle 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.
8.36.420
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 contractorscontractor’s license according with
Section 8.36.7508.36.750 of this chapter, shall keep solid waste, including green waste
and organic 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 Except as otherwise provided in this
chapter, all solid waste created, produced or accumulated in or about residential or
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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 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.
8.36.435
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.
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.
8.36.460
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8.36.480 Scavenging.
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, including section 8.36.090(D).
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.
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
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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, 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.
8.36.520
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.
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:
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(1. ) All of the information required by Section 8.36.5208.36.520 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.
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.
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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 8.36.6258.36.625.
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 8.36.6258.36.625. 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.
F. Installation of swimming pools or spas.
G. Demolition or construction required to protect public health or safety in an
emergency, as defined in Public Resources CodePublic Resources Code Section
21060.3, as it may be amended from time to time.
H. 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
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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 CodePublic 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.
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
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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
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.
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
8.36.6408.36.640.
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 8.36.6558.36.655.
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 8.36.6408.36.640, 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.
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.
8.36.665
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
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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 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 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.
8.36.675
8.36.680 Determination of compliance and release of diversion security deposit.
The administrative authority shall review the information submitted under Section
8.36.6708.36.670 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, less the review fee,
to be released to the applicant.
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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 8.36.6708.36.670, 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.
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.
8.36.680
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.
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
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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.
8.36.685
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.
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.
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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, including organic 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 organic waste or
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
service at the premises and arrange for billing to the person in charge of day-to-day
activities or operations.
8.36.720
8.36.730 Self-haul disposal at authorized sites.
To enable the city to comply with diversion rates required by AB 939, 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
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transport that solid waste to a licensed materials recovery facility, transfer station, or
disposal facility within the county of Ventura.
8.36.735 SB 1383 Compliance
In addition to the other requirements set forth in this article VII, self-haulers shall
comply with the following requirements for self-haulers related to SB 1383 and the SB
1383 Regulations.
A. Self-haulers shall source separate all recyclable materials and organic
waste generated on-site from solid waste in a manner consistent with 14 CCR Section
18984.12, or shall haul organic waste to a high diversion organic waste processing facility
as specified in 14 CCR Section 18984.3.
B. Self-haulers shall haul their source separated recyclable materials to a
facility that recovers those materials; and haul their source separated green container
organic waste to a solid waste facility, operation, activity, or property that processes or
recovers source separated organic waste. Alternatively, self-haulers may haul organic
waste to a high diversion organic waste processing facility.
C. Self-haulers that are commercial businesses (including multi-family
residential dwellings) shall keep a record of the amount of organic waste delivered to each
solid waste facility, operation, activity, or property that processes or recovers organic
waste; this record shall be subject to inspection by the city. The records shall include the
following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
(2) The amount of material in cubic yards or tons transported by the generator
to each entity.
(3) If the material is transported to an entity that does not have scales on-site,
or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows
it to determine the weight of materials received, the self-hauler is not required to record
the weight of material but shall keep a record of the entities that received the organic
waste.
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.
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
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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
Articlearticle 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. In
addition, contractors must comply with section 8.36.090.
Article VIII. Enforcement
8.36.820 Enforcement.
Pursuant to California Penal CodePenal 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 CodePenal Code Sections 374, 374a, 374.2, 374.3,
374.4, 374d, and 375; California Government CodeGovernment Code Sections 60855 et
seq.; and the California Vehicle CodeVehicle 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 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.
8.36.840 SB 1383 Inspections and Investigations.
A. City representatives and/or its designated agents, including the franchised
waste hauler, are authorized to conduct inspections and investigations, at random or
otherwise, of any collection container, collection vehicle loads, or transfer, processing, or
disposal facility for materials collected from generators, or source separated materials to
confirm compliance with this chapter by organic waste generators, commercial
businesses (including multi-family residential dwellings), property owners, commercial
edible food generators, haulers, self-haulers, food recovery services, and food recovery
organizations, subject to applicable laws. This Section does not allow the City, its
designees or agents to enter the interior of a private residential property for inspection.
For the purposes of inspecting commercial business containers for compliance with
8.36.0909(B) of this chapter, city may conduct container inspections for prohibited
container contaminants.
B. Regulated entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate with the city’s
employee or its designated entity/designee during such inspections and investigations.
Such inspections and investigations may include confirmation of proper placement of
materials in containers, edible food recovery activities, records, or any other requirement
of this ordinance described herein. Failure to provide or arrange for:
(1) access to an entity’s premises;
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(2) installation and operation of remote monitoring equipment (if
applicable); or
(3) access to records for any inspection or investigation
is a violation of this chapter and may result in penalties described.
C. Any records obtained by the city during its inspections, remote monitoring,
and other reviews shall be subject to the requirements and applicable disclosure
exemptions of the Public Records Act as set forth in Government Code Section 6250 et
seq.
D. City representatives, its Designees and agents are authorized to conduct
any inspections, remote monitoring, or other investigations as reasonably necessary to
further the goals of this chapter, subject to applicable laws.
E. City shall receive written complaints from persons regarding an entity that
may be potentially non-compliant with SB 1383 Regulations, including receipt of
anonymous complaints in accordance with by 14 CCR Section 18995.3.
8.36.850 Violations punishable.
Except as otherwise provided by this chapter, violations of this chapter are
punishable as set out in Chapters 1.10chapters 1.10 through 1.161.16 of the Code.
and/or by fine in the following amounts:
1) For a first violation, the amount of the base penalty shall be $50 to $100 per
violation.
(2) For a second violation, the amount of the base penalty shall be $100 to
$200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be
$250 to $500 per violation.”
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