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HomeMy WebLinkAbout1997-10-06 Ordinance 4451ORDINANCE NO. 4451 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 5.20 OF TITLE 5 OF THE PALO ALTO MUNICIPAL CODE PERTAINING TO THE COLLECTION, REMOVAL AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS The Council of the City of Palo Alto does ordain as follows: SS ON 1. Findings Authority and Intent A. The City Council finds and determines as follows: 1. In order to meet the requirements of the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, gsr seq.), including source reduction of the solid waste stream, diversion of solid waste from landfills, and conservation of natural resources, it is necessary to regulate the collection of solid waste generated within the City, and to encourage recycling. 2. The storage, accumulation, collection and. disposal of solid waste, including without limitation garbage, trash, debris and other discarded materials is a matter of substantial public concern in that improper control of these matters may create a public nuisance, air pollution, fire hazard, rat and insect infestation and other problems adversely affecting the public; health, safety and welfare. 3. Regulation of the collection of garbage, refuse and other discarded materials from all residential, commercial and industrial properties within the City will provide the most orderly and efficient solution to these problems and will promote the public health, safety and welfare. 4. The regulation of solid waste and recyclable materials handling services in the City will also promote the public health, safety and welfare by requiring the use of newer and safer vehicles, the regular maintenance of those vehicles, and the reduction of spillage and litter on the public streets, by establishing responsibility for the cleaning of bins and containers, and by providing for accountability to the public. 5. The public health, safety and welfare will best be served by providing the City with contractual control in the residential sector for solid waste and recyclable materials and in the commercial sector for solid waste collection services; such contractual control enables the City to coordinate quality and frequency of service, allocate responsibility, and develop innovative programs, with the cooperation of collectors offering standardized, high quality services throughout the City. 1 971007 lac 0051860 1 B. This Chapter is enacted by the City Council pursuant to the following statutory authorization (among others) and in order to accomplish the following objectives: 1. Public Resources Code section 40059 authorizes the City to determine (i) all aspects of solid waste and recyclable materials handling which are of ,local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste and recyclable materials handling services; and (ii) whether the services are to be provided by means of nonexclusive contract, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety and well-being so require, by partially exclusive or wholly exclusive contract, contract, license, permit, or otherwise, either with or without competitive bidding. 2. Public Resources Code section 49300 provides that the City may, pursuant to terms and conditions as may be prescribed by its legislative body, contract for the collection or disposal, or both, of garbage, waste, refuse, offal, trimmings, or other solid waste matter. 3. Public Resources Code section 49501 provides that the City may take action, whether by franchise, contract, license, permit, or otherwise, whereby the City itself, or one or more other local agencies or solid waste enterprises is authorized or permitted to have the exclusive right to provide solid waste and recyclable materials handling services of any class or type within all or any part of the territory of the City. 4. It is the purpose of this Chapter to set forth terms and conditions pursuant to which authorization may be granted by the City Council to provide solid waste and recyclable materials handling services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods and material, and recyclable materials. SECTION 2. Chapter 5.20 of Title 5 of the Palo Alto Municipal Code is hereby amended to read as follows: *CHAPTER 5.20 COLLECTION, REMOVAL AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS 5.20.010 Definitions. The following words and phrases whenever used in this Chapter shall be construed as defined in this Section, unless the context indicates otherwise. 2 971007 lac 0051860 (1) 'Bin' shall mean a detachable Solid waste or Recyclable materials container used in connection with Commercial/industrial premises with a 1 to 8 cubic yard capacity, equipped with a lid, and designed for mechanical pick-up by collection vehicles. (2) "Box", sometimes known as a "roll -off" or "drop" box, means a wheeled or sledded container or compactor, generally 7 to 50 cubic yards in size, suitable for the storage and collection of commercial or industrial Solid waste or Recyclable materials. Standard designed landfill, located (3) 'Cart" means a wheeled container larger than a container and smaller than a Bin, equipped with a lid, and for mechanical pick-up by collection vehicles. (4) "City Landfill" means the City of Palo Alto's at 2380 arcadero Road, Palo Alto, California. 5) "City Manager" means the City Manager of Palo Alto or the City Manager's designee. (6) "Collection Agreement" means a contract with the City for the collection of Solid waste and Recyclable materials, pursuant to Section 5,20.040. of the City (7) 'Collector" means one or more persons authorized under Section 5.2+0,040 to provide Solid waste, Recyclable materials, or Solid waste and Recyclable materials collection, removal and disposal services pursuant to one or more written contracts with the City. (8) "Commercial/industrial business owner" means any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others, Commercial/industrial premises, whether or not it is the holder of the title or the owner of record of the Commercial/industrial premises. (9) "Commercial/industrial premises" means all occupied real property in the City, except property occupied by federal, state or local governmental agencies which do not consent to their inclusion, and except Residential premises as defined in subsection 27 hereof, and shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional, services, sports or recreational facilities, any place or premises where an animal is maintained or sheltered, Construction or demolition sites, a multiple dwelling that is not a Residential premises, and any other commercial or industrial business facilities, structures, sites, or establishments in the City. (10) "Composting" means the controlled, biological decomposition of organic materials into humus for use as a soil 3 5►71007 las 0051260 amendment, conditioner or fertilizer or for any other similar use or purpose. (11) "Construction or demolition site' means any real property in the City in, on or from which a building or structure, or any portion thereof, is being fabricated, assembled, erected or demolished, and which produces Construction or demolition waste which must be removed from the property. (12) "Construction or demolition waste" means any Solid waste generated as the result of Construction or demolition, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste. (13) "Container" mans any Standard. container, Mini -can container, or Cart. (14) "Director"means the Director of Public Works for the City of Palo Alto or the Director's designee. (15) Disposal or processing facility' means a landfill or a recycling facility, or a composting facility, or a solid waste transfer or processing station. (16) "Hazardous waste" means waste defined as hazardous by Public Resources Code section 4©141 as it now exists or may subsequently be amended, namely, a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following: (i) cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. "Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time to time be designated as hazardous by the Environmental Protection Agency ("EPA) or other agency of the United States Government, or by the California Legislature or any agency of the State of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous. (17) "Manure"shall mean the waste droppings from any animal. (18) "Manure container" shall mean Standard containers or bins, or other receptacles approved by the Director for the placement of manure, which are equipped with substantial lids or covers adequate to keep flies from the interior thereof. No Manure container shall exceed seventy-two cubic feet in capacity. (19) plastic can with a "Mini-can se fitting cover, means handles and side bails with 971007 lac 0051860 4 partnership, acting as a premises and a maximum capacity of twenty gallons or seven and one-half dekaliters, or such other container not larger than a Standard container as may be approved by the Director. (20) "Person"means any individual, association, firm, corporation, or any other group or combination thereof unit. (21) "Place or premises" means every Residential Commercial/industrial premises. (22) "Public Solid waste or recycling receptacles" means receptacles for the collection of Solid waste or recycling materials that are both located on public property and intended for use by the general public. (23) "Recyclable materials" means those materials that are suitable for recycling. (24) "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become Solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code section 40201. (25) "Resident" means any person living within the territorial limits of the City of Palo Alto, whether or not the person owns the place or premises which he or she occupies, and any person who is a nonresident employee of the City of Palo Alto, a municipal corporation, and every member of his or her household related by blood, marriage, or adoption or a domestic regular partner. (2£) "Residential householder' means any person or persons holding or occupying Residential premises in the City, whether or not the owner of the Residential premises. (27) "Residential premises" means any residential dwelling unit within the City, including, without limitation, multiple unit residential complexes, such as rental housing projects, condominiums, apartment houses, mixed condominiums and rental housing, and mobile home parks, except any multiple dwelling which, with the prior written approval of the Director, receives commercial bin service. (28) "Residential recycling collection." means the process by which Recyclable materials and Yard trimmings are placed at the curb of a residence for collection, removal and disposal. (29) "Solid waste" shall mean all putrescible and nonputrescible solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from Residential premises or Commercial/industrial premises, including 971007lac 0051860 garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition e1d construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. "Solid waste" shall not include liquid wastes or sewage, abandoned vehicles, hazardous waste, or Recyclable materials. (30) "Solid waste enterprise" shall mean any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing Solid waste or recyclable materials handling services. (31) "Solid waste or recyclable materials handling services" shall mean the collection, transportation, storage, transfer, or processing of Solid waste or Recyclable materials. (32) "Source separated commingled recyclable materials" are Source separated recyclable ;materials in any combination of two or more Source separated single recyclable :materials. (33) "Source separated recyclable materials" means Recyclable materials which are separated from Solid waste by the generator at the location where it was created, not mixed with or containing .more than incidental Solid waste, as determined by the Director. (34) "Source separated single recyclable materials" are Source separated recyclable materials that can be directly marketed as a distinct single commodity, as determined by the Director. (35) "Standard container" means a metallic or plastic can with a close fitting cover, handles and side bails of a capacity of more than twenty gallons or seven and one-half dekaliters but not exceeding thirty-two gallons or twelve dekaliters, or such container other than a Mini -can container as may be approved by the Director. (36) "Yard trimmings" means any plant trimmings generated from the maintenance or alteration of public, commercial or residential landscapes, including, without limitation, grass cuttings, yard clippings, leaves, tree trimmings, pruning, brush and weeds, excepting those materials which are prohibited under written rules and regulations promulgated by the Director. 5.20.020 Declaration of policy. The accumulation, collection, removal and disposal of Solid waste and Recyclable materials must be controlled by the City for the protection of the public health, safety and welfare. The Council finds that to give practical effect to this policy a comprehensive system for the periodic collection, removal and disposal of Solid waste and Recyclable materials from all places or premises is essential and benefits all occupants of places or premises, and, therefore, all such occupants are made liable for 971007 lac 0051860 • • the Solid waste and Recyclable materials collection charges established by the Council for the collection, removal and disposal of Solid waste and Recyclable materials. 5.20.030 Discarding of Solid waste and Recyclable materials. No person shall throw, drop, leave, place, keep, accumulate, or otherwise dispose of any Solid waste or Recyclable materials upon private property either with or without the intent to later remove the same from such place or premises, or upon any street, public right-of-way, sidewalk, gutter, stream, or creek, or the banks thereof, or any public place or public property. This Section shall not prohibit the placement of Solid waste or Recyclable materials in public Solid waste or recycling receptacles, or in Containers, Bins or Boxes for collection in accordance with the provisions of this Chapter, or at the City Landfill or posted recycling centers in accordance with the procedures thereof. 5.20.040 Collection, removal and disposal only by authorized persons. (a) The City shall authorize, permit, regulate and control the collection, removal and disposal of all Solid waste and Recyclable materials generated at all places or premises. For this purpose, a Collection Agreement with one or more Solid waste enterprises may be entered into by the City with or without advertising for bids. The Collection Agreement shall not be a franchise nor be deemed or construed as such. (b) Notwithstanding any permit issued by any other governmental agency authorizing collection of Solid waste or. Recyclable materials, no person other than a person with a Collection Agreement, or his or her duly authorized agents or subcontractors, as provided in Section 5.20.070, shall negotiate or contract for, undertake to receive, collect, remove, transport, or dispose of any Solid waste or Recyclable materials from within the City for a fee, service charge or other consideration therefor, except as specifically provided herein. (c) No person shall interfere in any manner with the lawful operations of the Collector or the Collector's duly authorized agents or subcontractors. (d) Except as otherwise provided in this Chapter, each Residential householder and Commercial/industrial business owner shall utilize the services of the Collector for the collection of Solid waste and Recyclable materials from the Residential or Commercial/industrial premises held or occupied by such owner or occupant and shall pay for such services the fees approved by the City Council. No Residential householder or Commercial/industrial business owner shall enter into an agreement for Solid waste or recyclable materials handling services with any person, firm, or 7 9710071ac 00M860 corporation other than the Collector, except as otherwise provided in this Chapter. 5.20.050 No authorized Bins, Boxes, or Containers. (a) Except as expressly authorized by this Chapter 5.20, no person other than a Collector may place a Bin, Box or Container within the City. (b) The City shall notify, in writing, any person who violates this Section 5.20.050 that the prompt and permanent removal of such Bin, Box or Container from the place or premises is required. The City shall deliver such written notice by posting a copy of the notice prominently upon the Bin, Box, or Container. If the Bin, Box, or Container is identified with the name and telephone number of the solid waste enterprise servicing it, as required by Section 5.20.130(e), the City shall also endeavor to contact the enterprise by telephone. Failure to notify the owner telephonically shall not invalidate the notice. The City may impound or cause to be impounded any such Bin, Box or Container if the same is not permanently removed from the place or premises within the time set forth in the notice, which time shall he not less than twenty-four (24) hours after posting of the notice, or not less than six (6) business hours after telephonic notification, if any. For purposes of this Section 5.20.050, "business hours" shall mean the hours of 7 a.m. to 6 p.rn., Monday through Saturday. Any person who violates this Section 5.20.050 shall be liable to the City for all fines and charges levied in connection with the collection, transportation, storage and handling of such Bin, Box or Container by the City. The Bin, Box or Container impounded by the City shall be retrieved by the owner or his or her representative immediately after all applicable fines and charges have been paid. The City Manager may delegate to the Collector the authority to impound unauthorized Bins, Boxes, and Containers and to collect the fines and charges levied by the City. (c) Upon posting of a written notice of violation upon the unauthorized Bin, Box or Container, the customer using the unauthorized Bin, Box or Container shall immediately cease placing Solid waste and Recyclable materials therein. 5.20.060 Contracting for special haul services. Any owner or occupant of any place or premises may contract with the Collector or his or her duly authorized agents or subcontractors, as provided in Section 5.20.070, but not otherwise, for special haul services for the collection, removal and disposal of Solid waste in excess of the regular services provided by the Collector. 5.20.070 Use of agents or subcontractors by the Collector. The City may provide in any written contract entered into pursuant to Section 5.20.040 that the Collector may designate, in writing, one or more agents or subcontractors who may collect, 8 fman wamitda remove, and dispose of such Solid waste as may be in excess of the regular collection made by the Collector, subject to the limitations set forth in the Collection Agreement. S.20.©8© Aamber of containers required. (a) No person owning or occupying any place or premises where Solid waste is created, produced or accumulated shall fail to procure a sufficient number of Containers to hold all Solid waste created, produced or accumulated on the place or premises during a one -week period, unless a more frequent collection schedule has been approved or directed pursuant to this Chapter. (b) Every place or premises shall receive Solid waste service at the automatic service level, unless a person who is duly authorized to represent the place or premises selects a different service level which greets the requirements of this Section. The following automatic service levels shall apply for new customers: (1) Single family residential users: one Standard container; (2) Two-family dwellings, three-family dwellings, apartment houses and multiple dwelling buildings: one Standard container per dwelling unit; and (3) Mote}, hotel, trailer park or mobile home park: one Standard container per dwelling unit or space. (4) Manufacturing, commercial or institutional establishments: two Standard containers. (c) In determining the sufficiency of the number of Containers required for any of the following places or premises, the following minimum standards shall apply: (1) Single family residential users: one Mini -can container; (2) Two-family dwellings, three-family dwellings, apartment houses and multiple dwelling buildings: one Mini -can container per dwelling unit; (3) Motel, hotel, trailer park or mobile home park: one Standard container per dwelling unit or space; and (4) Manufacturing, commercial or institutional establishments: one Standard container. (d) Unless otherwise approved by the Director pursuant to rules and regulations prescribed by the City: Standard containers shall not exceed sixty pounds or twenty-seven kilograms in weight when filled with Solid waste for collection, removal and disposal; Mini -can containers shall not exceed forty pounds or eighteen kilograms in weight when filled with Solid waste for collection, 9 971007 lac 0051860 removal and disposal; and Standard containers or Mini -can containers used for Yard trimmings shall not exceed forty pounds or eighteen kilograms in weight when filled for collection, removal and disposal. 5.20.090 Collection and Qmmerabip of Recyclable Materials -- Residential Premises. (a) The City shall provide a program for the collection of Recyclable materials from Residential premises. For the purposes of this Section, Recyclable materials includes Yard trimmings and any other similar materials designated by the Director. (b) Recyclable materials placed for curbside residential recycling collection shall become the property of the Collector at the time of placement at the curb or other designated location for collection. The Collector shall have the exclusive right to collect such Recyclable materials. (c) If Recyclable materials placed for curbside residential recycling collection are not collected as part of the City's program for residential recycling collection, the person who placed the Recyclable materials for curbside residential recycling collection is entitled to receive a written explanation pertaining to the failure of the Collector to collect and dispose of the Recyclable materials. It shall be the responsibility of the person who places the Recyclable materials for residential recycling collection to remove the Recyclable materials within twenty-four hours of receipt of the explanation. The Collector is expressly authorized to reject Recyclable materials that are not free of all but incidental amounts of putrescible solid and semisolid wastes, or that are not tree of Hazardous Wastes. 5.20.100 Collection and Ownership of Recyclable materials — Commercial/industrial premises. (a) The City shall provide a program for the collection of Recyclable materials from Commercial/industrial premises. (b) When Recyclable materials are placed in Bins, Boxes, or Containers that the City or the Collector provide for the collection of Recyclable materials, such Recyclable materials shall become the property of the City or the Collector, as the case may be. The City or the Collector shall have the exclusive right to collect Recyclable materials from such Bins, Boxes, or Containers. 5.20.110 Exclusions (a) Residential Householcer Exclusion. No provision of this Chapter shall prevent a Residential householder from collecting and disposing of occasional loads of Solid chaste generated in or on his or her Residential premises, or from composting Yard trimmings, or from selling, donating or disposing of Recyclable materials generated in or on his or her Residential premises. The Containers provided by the City or the Collector may 10 971007 lac 0051860 • 9 not be used for activities authorized by this paragraph (a). Notwithstanding the foregoing, no Residential householder shall employ or engage any Solid waste enterprise, other than the Collector, to haul or transport Solid waste or Recyclable materials to a Disposal or processing facility; nor shall any Residential householder collect or dispose of Solid waste generated elsewhere than in or on his or her Residential premises. (b) Gardener's Exclusion. No provisions of this Chapter shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of grass cuttings, prunings, and similar material not containing other Solid waste when incidental to providing such gardening, tree trimming or similar services. (c) Source Separated Recyclable Materials. (1) Commercial/industrial business owners shall retain the right to donate or sell Recyclable materials, or to pay fees for services to Solid waste enterprises other than the Collector for the collection of particular Recyclable :materials, so long as all Recyclable materials collected are Source separated single recyclable :materials. Glass, tin, aluminum, and plastics can be collected as Source separated commingled recyclable materials. The Director may authorize, by written rules and regulations, collection of other recyclable materials as Source separated commingled recyclable :materials. All recyclable materials collected pursuant to this paragraph (c) must be taken to a rec.yclying facility, and not disposed of in a landfill. (2) Commercial/industrial business owners shall demonstrate compliance with the provisions of this paragraph (c) upon request of the Director. (3) The City may require any recycler, junk dealer or other enterprise engaged in the business of buying and marketing Recyclable materials to provide the City with information pertaining to such collection, including without limitation, the amount of Recyclable materials collected from within the City's territorial limits. (d) Collection of Source Separated Recyclable Materials. No provision of this Chapter shall prevent a recycler; junk dealer or other enterprise engaged in the business of buying and marketing Source separated recyclable materials in the stream of commerce and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200), from buying Recyclable materials for a monetary or other valuable consideration; nor shall any provision of this Chapter prevent such recycler, junk dealer or enterprise which buys such materials from removing and transporting such materials to a destination for marketing in the stream of commerce. (e) Renovation, Rebuilding. Repairs. No provision of this Chapter shall prevent a Commercial/industrial business owner from 11 971007 lac 0051860 • arranging for any worn, spent, or defective equipment, or part thereof, used in such commercial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such Commercial/industrial business owner; nor shall any provision of this Chapter prevent any person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing such equipment or part thereof, from transporting the same from or returning it to the commercial business, or from removing, transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract. (f) Contractors' Exclusions. In addition to the authority granted by paragraph (c) of this Section 5.20.110, no provision of this Chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement: or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or Construction or demolition waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract, subject to the following: (1) Such collection, removal and disposal activity shall be only by the licensed contractor having the contract for the Construction or demolition work that generated such salvageable items or Construction or demolition waste, or by regularly employed personnel carried on the licensed contractor's payroll records as an employee. (2) For purposes of this paragraph (f) , no Bins or Boxes that are detachable from the vehicle that delivered them to the Construction or demolition site can be used. (3) All vehicles used in carrying out such collection, removal and disposal activities shall be owned by or under the exclusive control of the licensed contractor and shall meet all of the requirements of this Chapter and all other laws, statutes, rules, regulations and ordinances of the state of California and the City. All vehicles shall be subject to inspection by and the approval of the Director from time to time. (g) Reinforced Concrete Exclusion. In addition to the authority granted by paragraph (f) of this Section 5.20.110, nothing in this Chapter shall prevent a Commercial/industrial business owner, Residential householder, or licensed contractor from using a Solid waste enterprise other than the Collector to dispose of reinforced concrete. (h) Document Destruction Service. No provision of this Chapter shall prevent any person engaged in the business of destroying or disposing of secret, confidential or sensitive documents from transporting or disposing of such documents, as a part of such document destruction or disposal service. 12 971007 lc 0051860 (i) Self -Haul Exclusign. In addition to the authority granted by paragraph (a) of this Section 5.20.110, nothing in this Chapter shall prevent a Commercial/industrial business owner or Residential householder from, on a regular basis, collecting and disposing of Solid waste generated in or on their premises, in lieu of availing themselves of the services of the Collector. No Residential householder or Commercial/industrial business owner shall employ or engage any Solid waste enterprise, other than the Collector, to haul or transport such materials to a Disposal or processing facility. Any Residential householder or Commer- cial/industrial business owner who pursuant to this paragraph (i) seeks to on a regular basis collect and dispose of Solid waste generated in or on their premises, must first obtain a self -haul permit from the City, and must comply with procedures for self - hauling to be adopted by the City Council by resolution. ) Genera. Requirement. In. all cases where the right to an exclusion pursuant to this Section 5.20.110 is exercised, disposal shall be made at a Disposal or processing facility which meets all applicable regulatory requirements. Any such disposal by a person exempted under this Section shall not relieve such person from any obligation or liability imposed by this Chapter or any other City ordinance, resolution, rule or regulation for the payment of the minimum Solid waste and Recyclable materials disposal rates imposed pursuant to this Chapter, or of rates for the use of the City Landfill, or of any other applicable rates or fees. Notwithstanding- the foregoing, any person with a valid self - haul permit obtained pursuant to paragraph (1), and who does not use the Solid waste collection services offered by the Collector, shall be exempt from the payment of the Solid waste collection rates imposed for use of the services provided by the Collector. 5.20.120 Recycling storage design requirements The design of any new, substantially remodeled, or expanded building or other facility shall provide for proper storage, handling, and accessibility which will accommodate the Solid waste and Recyclable materials loading anticipated and which will allow for the efficient and safe collection. The design shall comply with the applicable provisions of Sections 18.22.100, 18.24.100, 18.26.100, 18.32.080, 18.37.080, 18.41.080, 18.43.080, 18.45.080, 18.49.140, 18.55.080, 18.60.080, and 18.68.170 of Title 18 of this Code. 5.20.130 Maintenance and Placement of Bins, Boxes, and Containers. (a) The Commercial/industrial business owner or Residential householder, as the case may be, shall maintain the Bins, Boxes, and Containers on their premises, and the area in which they are located, in a good, usable, clean and sanitary condition, and shall ensure that the lid or cover on the Bin, Box, or Container is kept fully closed, and that no Solid waste or Recyclable materials are placed outside of the Bin, Box, or Container. Bins, Boxes, and Containers shall at all times be kept 13 971007 he oo$l$6Q in a manner that prevents leakage, spillage and the escape of odors. (b) The location or placement of Bins, Boxes, or Containers at any place or premises shall be subject to the approval of the Director. Every Commercial/industrial business owner shall provide a location on the Commercial/industrial premises for the Bins, Boxes, and/or Containers they use, and shall keep the area in good repair. (c) Any Collection Agreement may provide for the rental of approved Bins, Boxes and Containers by the Collector to customers. The Collector shall be responsible for maintaining the Bins, Boxes and Containers in good condition (ordinary wear and tear excepted) and shall repaint such Bins, Boxes and Containers at a frequency as determined by the City. The Collector shall plan with the customer the placement of the Bins, Boxes, and Containers to minimize traffic, aesthetic and other prob'e_rs associated with their placement. (d) Where a Bin, Box, cr Container is not rented from the Collector but is approved by the City, the customer sham be responsible for ensuring that. the Bins, Boxes, or Containers meet the same standards of quality and upkeep as are applicable to the Bins, Boxes, and Containers supplied by the Collector. (e) All Bins, Boxes, and Containers of one cubic yard or more shall be identified with the narr.e and telephone number of the Collector or other solid waste enterprise servicing the Bins, Boxes, and Containers. 5.20.140 Frequency of Solid waste collection. The Collector or his or her duly authorized agents or subcontractors shall collect Solid waste from. all Residential premises and Commercial/industrial premises within the City at least once a week, unless the Director authorizes less frequent collection as provided in Section 5.20.180. 5.20.150 Collection hours, quietness of collections, and collection equipment, (a) Solid waste and Recyclable materials collections shall be made between the hours of six a.m. and six p.m. in residential districts and at schools, churches, and commercial properties adjacent to residential districts. (b) Solid waste and Recyclable materials collections in commercial districts other than as indicated in (a) above shall be made between the hours of four a.m. and nine p.m., subject to such reasonable modifications of collection periods as the Director may impose. (c) All collections shall be made as quietly as possible. All trucks and equipment for Solid waste and Recyclable materials 14 971007 lac 0051860 collection shall comply with the provisions of Chapter 9.10, Title 9 of the Municipal Code. All unnecessarily noisy trucks or equipment for such collections are prohibited. 5.20.160 Spillage or leakage of Solid waste and Recyclable materials. All Solid waste and Recyclable materials hauled by any person over public streets in the City shall be securely tied and covered during hauling thereof so as to prevent leakage, spillage, or blowing. No person shall allow any Solid waste or Recyclable materials of any kind whatsoever to leak, spill, blow or drop from any vehicle on any public street within the City. 5.20.170 Special permits in hardship cases. Upon a showing of hardship by the owner or occupant of a place or premises, the Director may issue or cause to be issued special written peimits authorizing variations from the provisions of this Chapter subject to such terms and conditions as he or she may deem necessary to protect the public health and safety. 5.20.180 No Accumulation of Solid waste or Recyclable materials. Every person shall keep the place or premises occupied by him or her, and every owner of any unoccupied place or premises shall keep the same, in a clean and sanitary condition and shall not cause, suffer or permit any Solid waste to accumulate in, on or about such place or premises for a period in excess of one calendar week, except the Director may authorize by written rules and regulations less frequent collection, removal and disposal for compactors at Commercial/industrial premises. This provision shall not be construed to prohibit any person from keeping building materials in, on or about any place or premises during the period of active construction, reconstruction or repair of a building or structure thereon under a current valid building permit, nor the keeping of wood neatly piled upon such place or premises for household use, nor the composting of Yard trimmings. 5.20.190 No Burning, Burial, or Dumping of Solid waste or Recyclable materials. (a) No person shall burn any Solid waste or Recyclable materials within the City at any time. (b) No person shall bury or dump any Solid waste or Recyclable materials within the City, except at the City Landfill in accordance with the procedures thereof, at any time. 5.20.200 Hazardous waste. No person shall deposit any Hazardous waste in the City Landfill nor in any Bin, Box, or Container. 15 971007 lac 0051860 • 5.20.210 Manure Containers required. (a) Any and all manure produced, kept or accumulated within or upon any place or premises shall be placed without delay in a Manure container. (b) All Manure containers shall be kept closed at all times excepting when the manure is being placed into or taken out of the Manure containers and shall be kept at all times in the rear of the place or premises where such manure is produced and not less than one hundred feet or thirty and one-half meters from any residence. (c) Manure may be mixed with Solid waste in the same Standard container when it is to be disposed of with and in the same manner and at the same time as Solid waste, but in such case, each Standard container so used, including its contents, shall not exceed sixty pounds or twenty-seven kilograms in weight, and shall be equipped with a lid or cover adequate to keep flies from: the interior thereof. 5.20.220 Scavenging prohibited. (a) No person shall scavenge in any City -operated Disposal or processing facility, including the City Landfill, nor disturb nor remove any material therein, without the express advance permission of the Director. (b) No person shall tamper with, modify, scavenge from or deposit Solid waste or Recyclable materials in, any Solid waste or Recyclable materials Bin, Box, or Container which has not been provided for his or her use, without the permission of the owner of the Container. (c) Except as otherwise provided in Sections 5.20.110 and 5.20.090 of this code, no person shall collect the Recyclable materials from Residential premises or posted recycling centers within the City. '(d) The foregoing prohibitions are in addition to the prohibitions set forth in Section 41950 et seg. of the Public Resources Code. 5.20.230 No Trespassing in City Landfill. No person shall enter, be upon, or remain in the City Landfill, except during the hours of operation posted on the main entrance thereto, or except as may be authorized in advance by the Director. 16 971007 lac 0051860 5.20.240 Schedule of rates for the use of the City Landfill. (a) The schedule of rates for the classification of vehicles carrying the Solid waste and the maximum load for use of the City Landfill shall be set forth in the municipal fee schedule. (b) Vehicles operated by the City may be allowed toll - exempt use of the City Landfill. Vehicles operated by any Collector of the City may also be exempt if their contract so provides, and the Collector produces the same for inspection if requested by a City Landfill employee. (c) Vehicles owned by the Palo Alto Unified School district may be allowed toll -exempt use of the City Landfill. 5.20.250 Liability for payment of rates. Except as set forth in occupying, owning, controlling, withir. the City shall be liable collection rates authorized by Section 5.20.110(h), every person or maintaining a place or premises for the payment of the Solid waste the City.. 5.20.260 Penalty for failure to pay collection rate. (a) All collection rates imposed by the Council pursuant to the provisions of this Chapter for the collection, removal and disposal of Solid waste shall be a civil debt owing to the City from the owner, occupant or person maintaining or controlling the place or premises receiving the services. (b) All such collection charges shall be billed along with other municipal utility bills and shall be subject to the provisions of the City's utility rates and regulations governing the collection and payment of other utility rates. Notwithstanding the foregoing, fees for the use of drop -boxes may be collected by the Collector. (c) The collection of the rates imposed pursuant to this Chapter shall be in addition to any other remedies available to the City for the failure of any person to pay the rates. 5,20.270 Recycling Center. The City will maintain within the City's territorial limits a recycling center which accepts from residents and nonresidents the delivery of Recyclable materials. The delivery of some or all of these Recyclable materials may be subject to the imposition of rates as a condition of acceptance at the recycling center. Under rules and regulations promulgated by the City Manager, the City at any time may prohibit nonresidents from delivering some or all Recyclable materials to the recycling center, and may impose on nonresidents rates on the delivery of Recyclable materials that differ from those imposed on residents. 17 971007 hc0051E60 5.20.280 ministration by City Manager. (a) The City Manager shall adopt such rules and regulations, not inconsistent with this Chapter, as may be necessary for the proper administration and enforcement of this Chapter. Such regulations may include, but are not limited to, regulations relating to the required frequency of Solid waste and Recyclable materials collection from various types of places or premises, the types of special Bins, Boxes, and Containers required for certain classes of places or premises, regulations governing the vehicles used in making such collections, and regulations governing the use and operation of the City Landfill. (b) The City Manager shall resolve all disputes concerning the administration or enforcement of this Chapter. His or her decision in such :natters shall be final. 5.20.290 Penalty for Violation. Violation of any provision of this Chapter shall be subject to the provisions and penalties set forth in Chapter 1.08 of this Code. Notwithstanding the foregoing, in the sole discretion of the City Attorney or City Prosecutor, violation of Sections 5.20.030, 5.20.050, 5.20.130(a), and 5.20.220 may be subject to an administrative penalty pursuant to Chapters 1.12 and 1.16 of this Code, in lieu of any other legal remedy, criminal or civil." SECTION 3. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. SECTION 4. This ordinance shall be effective on the commencement of the thirty-first day after the date of its adoption. INTRODUCED: SEPTEMBER 22, 1997 PASSED: OCTOBER 6, 1997 AXES: ANDERSEN, EAKINS, FA2ZINO, HUBER, KNISS, MCCOWN, ROSENBA MARS: WHEELER ABSTENTIONS: ABSENT: ATTEST: C APPRO ey , SCHNEIDER, ROVED: rector of •`' is " orks 971007 lac 0051160 18