HomeMy WebLinkAbout2019-08-05 Ordinance 54751
2019052201
Ordinance No. 5475
Ordinance of the Council of the City of Palo Alto Amending Sections 5.20.010
(Definitions), 5.20.020 (Declaration of Policy), 5.20.030 (Discarding of Refuse),
5.20.090 (Collection and Ownership of Recycled Materials), 5.20.100 (Collection
and Ownership of Compostable Materials), 5.20.105 (Contamination of
Containers), 5.20.109 (Requirements for Special Events), 5.20.110 (Exclusions),
5.20.120 (Refuse Containers), 5.20.130 (Maintenance and Placement of
Containers) of Chapter 5.20 (Collection, Removal and Disposal of Refuse) of Title
5 (Health and Sanitation) of the Palo Alto Municipal Code
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1.Section 5.20.010 (Definitions) of Chapter 5.20 (Collection, Removal and Disposal of
Refuse) of Title 5 (Health and Sanitation) is hereby amended to read as follows:
5.20.010 Definitions.
Within and limited to this Chapter, the following words and phrases shall be construed
as defined in this section, unless the context indicates otherwise.
(1) "Bin" means a detachable refuse container used in connection with commercial
premises with a 1 to 8 cubic yard capacity, equipped with a lid, and designed for mechanical
pickup by collection vehicles.
(2) "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 solid waste or recyclable
materials.
(3) "Cart" means a wheeled receptacle equipped with a lid, and designed for
mechanical pickup by collection vehicles.
(4) "City" means the government of the City of Palo Alto, defined in Section 1.04.050(1)
of the municipal code, with a principal place of business at 250 Hamilton Avenue, Palo Alto,
County of Santa Clara.
(5) "City manager" means the person referred to in Section 2.08.140 of the municipal
code, or designee.
(6) "Collection agreement" means a contract with the City for the collection of refuse
pursuant to Section 5.20.040.
(7) "Collector" means one or more persons authorized by Section 5.20.040 to provide
the collection, processing and disposal of refuse pursuant to one or more written contracts with
the City.
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(8) "Commercial business owner" means any person holding or occupying, alone or
with others, commercial premises, whether or not the person holds the title or is the record
owner of the commercial premise.
(9) "Commercial premises" means any occupied real property in Palo Alto, except
property occupied by federal, state or local government agencies which do not consent to their
inclusion, and except residential premises as defined in subsection (3331) hereof, and shall
include, without limitation, any wholesale or retail establishments, restaurant and food service
establishment, bar, store, shop, shopping center, office, industrial establishment,
manufacturing establishment, service station, repair, research and development establishment,
professional, services, sports or recreational facility, any place or premise where an animal is
maintained or sheltered, construction or demolition site, a multiple dwelling that is not a
residential premise, and any other commercial or industrial business facility, structure, site, or
other establishment in Palo Alto.
(10) "Compostable materials" means organic materials designated by the City as
approved for collection and processing, including, without limitation, yard trimmings, food
scraps, soiled paper and compostable plastics, but excluding animal manure, sewage sludge,
and human biological wastes.
(11) "Composting" means the controlled, biological decomposition of organic materials
into humus for use as a soil amendment, conditioner or fertilizer or for any other similar use or
purpose.
(12) "Construction and/or demolition site" means any real property in Palo Alto, at
which a building or structure, or any portion thereof, is being constructed, assembled, erected
or demolished, and during which construction or demolition waste which must be removed
from the property.
(13) "Construction and/or demolition waste" means any waste generated as the result
of construction or demolition work, including, without limitation, discarded packaging or
containers and waste construction materials, whether brought onsite for fabrication or used in
construction or resulting from demolition, excluding liquid waste and hazardous waste.
(14) "Container" means any bin, box, cart, compactor, drop box, rolloff box, or
receptacle, used for the storage of solid waste, recyclable materials, compostable materials or
other materials designated by the City for collection by the collector.
(15) "Director" means the person referred to in Section 2.08.190 of the Municipal
Code, or the director's designee.
(16) "Disposal or processing facility" means a landfill facility, a recycling facility, a
composting facility or a solid waste transfer or processing station.
(17) "EPA" means the federal Environmental Protection Agency or successor agency.
(18) "Food service establishment" means any establishment, located or providing food
within Palo Alto, which provides prepared and readytoconsume food or beverages, for public
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consumption, including, but not limited to, any retail service establishment, eating and drinking
service (as defined in Chapter 18.23), takeout service (as defined in Chapter 18.23),
supermarket, delicatessen, restaurant, food vendor, sales outlet, shop, cafeteria, catering truck
or vehicle, cart or other sidewalk or outdoor vendor or caterer which provides prepared and
readytoconsume food or beverages, for public consumption.
(19) "Hazardous waste" means waste defined as hazardous by Public Resources Code
section 40141, as it now exists or may be amended, namely, a waste or combination of wastes,
which due to 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 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.
(20) "Home composting" means the controlled decomposition of organic material,
including, without limitation, yard trimmings and kitchen scraps, into humus by any person
owning or occupying any place or premises in Palo Alto.
(21) "Manure" means the waste droppings of any animal.
(22) "Multifamily property" means any residential premise with threefive or more
attached units with shared service.
(23) "Organic wastes" means "compostable materials."
(24) "Person" means any individual, or entity referred to in Section 1.04.050(5) of the
Municipal Code and including any general partnership, limited partnership, limited liability
partnership, or limited liability company.
(25) "Place or premises" means every residential premises and commercial premises,
including any structure, apparatus, or portion thereof occupied or operated by any person and
situated on an integral parcel of land undivided by a public street, highway, or railway.
(26) "Public solid waste or recycling receptacles" means any container for the
collection of solid waste, recyclable materials or compostable materials that are both located
on public property and intended for use by the general public.
(27) "Recyclable materials" means materials designated by the City as suitable for
collection and transport to a material recovery facility for processing into a recycled content
product, including, without limitation, newspaper, paper, cans, corrugated cardboard, glass and
certain types of plastic, and metals.
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(28) "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. This term does not
include transformation as that term is defined in Public Resources Code section 40180.
(29) "Refuse" means and includes compostable materials, recyclable materials and
solid waste.
(30) “Refuse Room” means a room(s) located inside a building in which refuse
containers are maintained and refuse is collected. Refuse rooms are typically located at the
end of a hallway or on the ground level, but may be in other locations.
(310) "Refuse service" means the weekly or other periodic collection, processing and
disposal of materials properly deposited in the collectorprovided containers for solid waste, as
well as weekly collection and processing of recyclable materials and weekly collection and
processing of compostable materials.
(321) "Residential householder" means any person owning or occupying residential
premises in Palo Alto.
(332) "Residential premises" means any residential dwelling unit in Palo Alto, including,
without limitation, a multiple unit residential complex, such as a rental housing project,
condominium, apartment house, mixed condominium and rental housing, and a mobile home
park, except any multiple dwelling which, with the prior written approval of the Director,
receives commercial bin service.
(343) "Salvage" means the controlled removal of construction or demolition
debris/material from a permitted building, construction, or demolition site for the purpose of
recycling, reuse, or storage for later recycling or reuse. Examples include air conditioning and
heating systems, columns, balustrades, fountains, gazebos, molding, mantels, pavers, planters,
quoins, stair treads, trim, wall caps, bath tubs, bricks, cabinetry, carpet, doors, ceiling fans,
lighting fixtures, electrical panel boxes, fencing, fireplaces, flooring materials of wood, marble,
stone or tile, furnaces, plate glass, wall mirrors, door knobs, door brackets, door hinges, marble,
iron work, metal balconies, structural steel, plumbing fixtures, refrigerators, rock, roofing
materials, siding materials, sinks, stairs, stone, stoves, toilets, windows, wood fencing, lumber
and plywood.
(354) "Solid waste" means solid and semisolid wastes, generated in or upon, related to
the occupancy of, remaining in or emanating from residential premises or commercial
premises, including garbage, trash, rubbish, ashes, industrial wastes, manure, animal carcasses,
solid or semisolid wastes, and other solid and semisolid wastes. "Solid waste" shall not include
liquid wastes or sewage, abandoned vehicles, hazardous waste, recyclable materials or
compostable materials.
(365) "Solid waste enterprise" shall mean any person regularly engaged in the business
of providing solid waste, recyclable materials or compostable materials handling services.
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(376) "Source separated single recyclable materials" means recyclable materials that
are separated from other recyclable materials or solid waste and placed in separate containers
according to type or category of materials and directly marketed as a single commodity.
(387) "Yard trimmings" means plant trimmings generated from the maintenance or
alteration of public, commercial premises or residential premises 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.
SECTION 2. Section 5.20.020 (Declaration of Policy) of Chapter 5.20 (Collection, Removal and
Disposal of Refuse) of Title 5 (Health and Sanitation) is hereby amended to read as follows:
5.20.020 Declaration of policy.
(a) The accumulation, collection, removal and disposal of refuse 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 refuse from all places or premises is essential and benefits all occupants of
places or premises. All occupants of places or premises shall be liable for refuse collection
charges established by the Council for the collection, removal and disposal of refuse.
(b) The City complies with the applicable provisions of the California Integrated Waste
Management Act, as amended, codified in the Public Resources Code section 40000 et seq. The
law requires that, by and after January 1, 2000, fifty percent (50%) of the solid waste generated
must be diverted through some source reduction, recycling, and composting activities.
(c) The City also complies with the 75 percent recycling goal included as part of AB 341
Mandatory Commercial Recycling Law, adopted on October 6, 2011, which includes
modifications to the Public Resources Code.
(d) In addition, the City complies with AB 1826, which amended the law in 2014,
imposesthe organic waste recycling requirements under AB 1826, with a mandate that will
beginwhich became effective on April 1, 2016.
(e) In 2016, SB 1383 established methane emissions reduction targets to reduce
statewide emissions of shortlived climate pollutants including, establishing a 50 percent
reduction of disposed organic waste from 2014 levels by 2020 and a 75 percent reduction by
2025; and the target to reduce 20 percent of disposed edible food by 2025. Further, inAlso in
2016, the Ccity established sustainability and climate action goals of an 80 percent% reduction
in greenhouse gases and 95 percent% diversion of materials from landfills by 2030.
(fe) The City may adopt, implement, and enforce requirements, rules and regulations
for local compostable materials and local recyclable materials that are more stringent or
comprehensive than California law.
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SECTION 3.Section 5.20.030 (Discarding of Refuse) of Chapter 5.20 (Collection, Removal and
Disposal of Refuse) of Title 5 (Health and Sanitation) is hereby amended to read as follows
5.20.030 Discarding of refuse.
(a) No person shall throw, drop, leave, place, keep, accumulate, or otherwise dispose
of any refuse upon private property either with or without the intent to later remove the same
from that place or premises, or upon any street, public rightofway, sidewalk, gutter, stream,
or creek, or the banks thereof, or any public place or public property.
(b) All persons shall separate their refuse according to its characterization as solid
waste, compostable materials, or recyclable materials, and place each type of refuse in a
separate container designated for disposal of that type of refuse. No person may mix any type
of refuse, or deposit refuse of one type in a collection container designated for refuse of
another type, except as otherwise provided in this Chapter. This does not prohibit the
placement of refuse in public solid waste or recycling receptacles, or in containers for collection
in accordance with the provisions of this Chapter. This section does not prohibit any person
from engaging in home composting. Administrative citations or any other enforcement actions
will not apply to this paragraph for a person occupying a residential premise.
(c) Effective July 1, 2020, any person occupying a commercial premises, not including
multiple dwellings, who uses bags to collect and discard refuse, whether placed for collection
inside or outside a container, shall ensure that the refuse contents of the bags are clearly
visible. When bags are used, garbage shall be collected in clear plastic bags and recyclable
materials shall be collected in bluetinted plastic bags.
(d) Effective July 1, 2020, all persons who use bags to collect compostable materials,
whether placed for collection inside or outside a container, shall use greentinted compostable
bags such that the contents are clearly visible.
SECTION 4.Section 5.20.090 (Collection and Ownership of Recyclable Materials) of Chapter
5.20 (Collection, Removal and Disposal of Refuse) of Title 5 (Health and Sanitation) is hereby
amended to read as follows:
5.20.090 Collection and ownership of recyclable materials.
(a) All persons owning or occupying any place or premises where recyclable materials
are created, produced or accumulated shall subscribe and pay for this type of refuse services
and shall subscribe and pay for a number of containers sufficient to hold all recyclable materials
created, produced or accumulated at the place or premises during a oneweek period, unless a
different frequency collection schedule has been approved or directed pursuant to this
Chapter.
(b) Recyclable materials placed for curbside collection in or outside of a container shall
become the property of the collector at the time of placement at the curb or other designated
location for collection in or outside of the container. The collector shall have the exclusive right
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to collect the recyclable materials, unless the collection agreement specifies a different
arrangement.
(c) The disposal of solid waste and compostable materials in containers designated for
the collection of recyclable materials is prohibited. Recyclable materials that are placed in a
recyclable materials container for collection by the collector must be free of solid waste and
compostable materials.
(d) Cardboard boxes shall be broken down flat before being placed into recyclables
containers to allow for adequate space to contain the recyclable materials.
SECTION 5. Section 5.20.100 (Collection and Ownership of Compostable Materials) of Chapter
5.20 (Collection, Removal and Disposal of Refuse) of Title 5 (Health and Sanitation) is hereby
amended to read as follows:
5.20.100 Collection and ownership of compostable materials.
(a) All persons owning or occupying any place or premises where compostable
materials are created, produced or accumulated shall subscribe and pay for this type of refuse
services and shall subscribe and pay for a number of containers sufficient to hold all
compostable materials created, produced or accumulated at the place or premises during a
oneweek period, unless a different frequency collection schedule has been approved or
directed pursuant to this Chapter.
(b) Compostable materials placed for curbside collection in a container shall become
the property of the collector at the time of placement at the curb or other designated location
for collection of the container.
(c) On or after April 1, 2016, all commercial premises at which 8 cubic yards or more of
solid waste refuse service is subscribed per week, multifamily properties, and food service
establishments shall subscribe and pay for a number of containers sufficient to hold
compostable materials created, produced or accumulated at or on the places or premises
during a oneweek period, unless a different frequency collection schedule has been approved
or directed pursuant to this chapter.
(d) On or after January 1, 2017, all commercial premises where 2 cubic yards or more
of solid waste refuse service is subscribed per week, shall subscribe and pay for a number of
containers sufficient to hold compostable materials created, produced or accumulated at or on
the place or premises during a oneweek period, unless a different frequency collection
schedule has been approved or directed pursuant to this chapter.
(ce) On or after January 1, 2018, Aall commercial premises at which solid waste refuse
service is subscribed, shall subscribe and pay for a number of containers sufficient to hold
compostable materials created, produced or accumulated at or on the place or premises during
a oneweek period, unless a different frequency collection schedule has been approved or
directed pursuant to this Chapter.
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(df) The City may direct the collector to audit individual solid waste streams generated
at commercial premises to determine the owner, occupant or tenant's compliance with this
section.
SECTION 6.Section 5.20.105 (Contamination of Containers) of Chapter 5.20 (Collection,
Removal and Disposal of Refuse) of Title 5 (Health and Sanitation) is hereby amended to read as
follows:
5.20.105 Contamination of containers.
(a) No person subscribing to refuse service shall dispose or permit the disposal of solid
waste in a container designated for the collection of recyclable materials or compostable
materials. The person shall remove any solid waste deposited in the recyclable materials and
compostable materials containers before the collection of the recyclable materials and
compostable containers occurring that week.
(1) The collector will notify any person who occupies commercial premises
whenever the City or the collector determines the recyclable materials or compostable
materials container of that person is contaminated with solid waste and the waste must
be removed. After the person removes the solid waste from the recyclable materials
and compostable materials container, the collector will return to the commercial
premises to service the container or containers and the person occupying the
commercial premises will be charged a "return trip" fee specified in the refuse rate
schedules.
(2) If the person occupying the commercial premises does not remove the
waste from the recyclable materials and compostable materials containers by the
scheduled pickup date, the containers will be serviced at the next business day and the
person occupying the commercial premises will be charged both an "extra solid waste
pickup" fee and a "return trip" fee in addition to the refuse charges that apply to the
level of service subscribed by the person occupying the commercial premises. The extra
solid waste pickup fee shall be determined according to the size of the contaminated
recyclable materials or compostable materials container and the established rates
approved by the City.
(3) The fees outlined in Section 5.20.105 (a)(1) (2) will also apply if a person
occupying a commercial premises places recyclable materials in containers designated
for compostable materials or compostable materials in containers designated for
recyclable materials.
(4) On or after July 1, 2021, iIf a person occupying a commercial premises places
recyclable materials and/or compostable materials in containers designated for solid
waste, the person will be subject to a "contamination" fee.
(5) A person occupying residential premises will not be subject to a "return trip"
fee, an "extra solid waste pickup" fee, a "contamination" fee, an administrative citation
or any other enforcement action. A multifamily property will not be subject to a "return
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trip" fee or an "extra solid waste pickup" fee if owners or managers of the multifamily
property can demonstrate compliance with Section 5.20.108 to the satisfaction of the
Director.
(b) No person shall dispose of commercial grease or cooking oil in a compostable
materials container.
SECTION 7. Section 5.20.109 (Requirements for Special Events) of Chapter 5.20 (Collection,
Removal and Disposal of Refuse) of Title 5 (Health and Sanitation) is hereby amended to read as
follows:
5.20.109 Requirements for special events.
(a) The promoter or coordinator of a special event held in Palo Alto must provide a
level of refuse service sufficient to contain the refuse generated at the special event.
(b) The promoter or coordinator shall provide containers at appropriate locations at
the special event to facilitate the source separation of solid waste, compostable materials, and
recyclable materials by event employees, vendors, and attendees.
(c) The three types of containers shall:
(1) Be appropriate in number and size with respect to the quantity of solid
waste, compostable materials, and recyclable materials anticipated to be
generated at the property or premises;
(2) Bear appropriate signage and be colorcoded – blue containers for
recyclable materials, green containers for compostable materials, and black
containers for solid waste – to identify the type of refuse to be contained and
meet any additional design criteria established by the City; and
(3) Be placed together as a waste station to provide equally convenient access
to users.
(d) If the promoter or coordinator determines that vendor booths at the special event
will require refuse containers, the vendors shall receive from the promoter or coordinator a set
of refuse containers that bear appropriate signage and are colorcoded to identify the type of
waste to be contained.
(e) The use of public solid waste, recycling or composting receptacles at special events
is prohibited. The promoter or coordinator shall remove or cover all public solid waste,
recycling or composting receptacles to prevent their use during the special event. If covers for
receptacles are utilized, the promoter or coordinator shall return them to the City after the
special event.
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SECTION 8. Section 5.20.110 (Exclusions) of Chapter 5.20 (Collection, Removal and Disposal of
Refuse) of Title 5 (Health and Sanitation) is hereby amended to read as follows:
5.20.110 Exclusions.
(a) Residential Householder Exclusion. No provision of this Chapter shall prevent a
residential householder from collecting and disposing of occasional loads of solid waste
generated at the residential premise, composting at home, or selling, donating or disposing of
recyclable or compostable materials generated at the residential premise. The containers
provided by the collector may not be used for activities authorized by this
paragraph. Notwithstanding the foregoing, no residential householder shall employ or engage
any solid waste enterprise, other than the collector to haul or transport solid waste, recyclable
materials, or compostable materials to a disposal or processing facility. No residential
householder may collect or dispose of solid waste generated at a location that is not the
residential premise.
(b) Gardener's Exclusion. No provision of this Chapter shall bar a gardener, tree
trimmer or other person engaged in a similar trade from collecting and disposing of yard
trimmings not containing other solid waste whenever the collection and disposal are incidental
to providing the gardening, tree trimming or similar services.
(c) Commercial Source Separated Recyclable Materials and Compostable Materials.
(1) Commercial business owners shall retain the right to donate or sell
recyclable materials and compostable materials, or to pay fees for services to
solid waste enterprises other than the collector for the collection of particular
recyclable materials and compostable materials, so long as all recyclable
materials and compostable materials collected are source separated single
recyclable materials and compostable materials. Recyclable materials and
compostable materials collected pursuant to this paragraph (c) shall be
transported to a recyclable materials and compostable materials facility
achieving a diversion rate of 90 percent and where not more than 10 percent of
the materials are disposed of in a landfill.
(2) Commercial business owners shall demonstrate compliance with the
provisions of this paragraph (c) at the 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 and
compostable materials to provide the City with information pertaining to the
collection and the amount of recyclable materials and compostable materials
collected from within Palo Alto's territorial limits.
(d) Collection of Source Separated Single 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 single recyclable materials in the stream of commerce
and which buys such materials for marketing and not for disposition in a landfill or transfer
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station (as defined in Public Resources Code Section 40200), from buying recyclable materials
for monetary or other valuable consideration. A recycler, junk dealer or enterprise which buys
recyclable materials shall not be prohibited from removing and transporting those materials to
a destination for marketing in the stream of commerce.
(e) Renovation, Rebuilding, Repairs. No provision of this Chapter shall prevent a
commercial business owner from arranging for any worn, spent, or defective equipment, or
part thereof, used in the 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 that commercial business owner. Any person
engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise
restoring or repairing the equipment or part thereof, is not prohibited from transporting the
same from or returning it to the commercial business, or from removing, transporting or
disposing of the 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 under
contract for the deconstruction, demolition or reconstruction of a building, structure,
pavement, or concrete installation from marketing any saleable or donation items salvaged
from the deconstruction, demolition or reconstruction, or from causing the salvageable items
or construction or demolition waste to be removed and transported from the place or premises
at which such waste is generated, pursuant to the provisions of the demolition or construction
contract, subject to the following:
(1) The collection, removal and disposal activity shall be performed only by the
licensed contractor under contract for the construction, deconstruction or demolition
work that generated the salvageable items or by regularly employed personnel carried
on the licensed contractor's payroll records as an employee.
(2) All vehicles used to facilitate the 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.
(3) The placement and use of a container, other than a container provided by
the collector, shall be prohibited, whether placed on the ground, on a vehicle, or any
other place.
(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.
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(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 those documents, provided the transport and
disposal of the documents are incidental to the document destruction or disposal service.
(i) SelfHaul Exclusion. In addition to the authority granted by paragraph (a) of this
Section 5.20.110, nothing in this Chapter shall prevent a commercial business owner or
residential householder from, on a regular basis, collecting, transporting and disposing of solid
waste generated at the place or premise, in lieu of availing themselves of the services of the
collector. No residential householder or commercial business owner shall employ or engage
any solid waste enterprise, other than the collector, to haul or transport the solid waste to a
disposal or processing facility. Any residential householder or commercial business owner who
pursuant to this paragraph (ih) seeks to on a regular basis collect, transport and dispose of solid
waste generated at the place or premise, shall first obtain approval of the Director, and must
comply with any written rules and regulations established by the Directorthe procedures
applicable to selfhauling that are adopted by resolution.
(j) General 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 that
meets all applicable regulatory requirements. Any disposal by a person exempted under this
section shall not be relieved of any obligation or liability imposed by this Chapter or any other
ordinance, resolution, rule or regulation for the payment of the minimum solid waste and
recyclable materials disposal rates imposed pursuant to this Chapter or any other applicable
rates or fees. Notwithstanding the foregoing, any person with a valid selfhaul permit obtained
pursuant to paragraph (h), 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.
(k) Backhauling Compostable Materials. A commercial business may opt out of the
compostable materials service levels required by this Chapter, provided that business verifies to
the satisfaction of the Director that all compostable materials generated onsite will be
transported to a central facility to be later composted or otherwise recycled at a 90 percent
rate and not placed in a landfill.
(l) Space Limitations for Existing Structures. The Director may grant a written
exemption for any existing commercial business structure that lacks sufficient storage space for
compostable materials or recyclable materials from all or portions of this section in accordance
with the written rules and regulations established by the Director. The Director, in cases where
space constraints are determined to exist, shall also evaluate the feasibility of shared container
usage by contiguous businesses or multifamily property structures.
(m) De Minimus Exception. The Director may waive any of the requirements of this
section if documentation satisfactory to the Director, based upon rules and regulations, is
provided to establish that the materials in any type of container, on an ongoing basis is
incidental to any other materials originating from that collection location.
(SGY7MKR)RZIPSTI-( &&%*)&)% && (* *( *
2019052201 13
SECTION 9.Section 5.20.120 (Refuse Containers) of Chapter 5.20 (Collection, Removal and
Disposal of Refuse) of Title 5 (Health and Sanitation) is hereby amended to read as follows:
5.20.120 Refuse containers.
(a) All types of refuse containers shall be kept in a sanitary condition with the lids
closed except whenever they are being loaded or unloaded.
(b) Refuse containers suitable for residential places or premises shall be provided by
the collector or the City. Any container shall be of a size based upon the subscription service
level requested by the person responsible for the payment of charges therefor or as may be
required by this Chapter. Any container shall not be loaded with more than the quantity of
materials that either can fit in the container with its lid closed or is in excess of the weight limit
marked on the container, when the lid is closed. All containers for use at commercial premises
shall be provided by or approved by the collector, except for industryapproved grease or
cooking oil tallow containers that shall be provided by a designated tallow hauler.
(c) Refuse containers shall be collected by the collector whenever the containers are
placed in a refuse solid waste enclosure or at the authorized collection area. Collection may be
made at another location upon approval of the Director, based upon the subscription service
level requested.
(d) All commercial property owners and commercial business owners shall provide
access to the City or the collector for the inspection of internal and external refuse containers
and enclosures. The Director shall be authorized to conduct inspections of commercial
premises, as permitted by law, to ensure compliance with this Chapter, including this Section.
(e) Commercial property owners and commercial business owners shall ensure that all
refuse containers and refuse enclosures are accessible and easily serviceable by the collector.
Service vehicles shall have a safe and clear passage and access to refuse enclosures to provide
for the efficient service to customers.
SECTION 10. Section 5.20.130 (Maintenance and Placement of Containers) of Chapter 5.20
(Collection, Removal and Disposal of Refuse) of Title 5 (Health and Sanitation) is hereby
amended to read as follows:
5.20.130 Maintenance and placement of containers.
(a) The commercial business owners and residential householder shall maintain their
containers at their places and premises and the areas where the containers are located in good,
usable, clean and sanitary condition, and shall ensure that the lids on the container are kept
closed and shall ensure that there is no litter underneath or surrounding the containers. No
refuse shall be placed outside of the container. Containers shall be maintained by the
commercial business owners and residential householders in a manner that will prevent
leakage, spillage and the emission of odors. Commercial premises sharing receptacles placed
outside of retail areas, must also share equally in the responsibility of emptying the receptacles
(SGY7MKR)RZIPSTI-( &&%*)&)% && (* *( *
2019052201 14
so that they do not overflow and maintaining the area around the receptacles so that it is free
of loose litter.
(b) The location or placement of containers at any place or premise shall be subject to
the approval of the Director. Every commercial business owner shall provide a location at the
commercial premises for the containers they use.
(c) Any collection agreement may provide for the rental of containers approved by the
collector to customers. The collector shall be responsible for maintenance of the rental
containers by keeping the containers in good and sanitary condition (ordinary wear and tear
excepted) and shall repaint the containers at a frequency as determined by the Director. The
collector and the renter shall determine and agree upon the placement of the containers to
minimize traffic, aesthetics and other potential effects that may be associated with their
placement.
(d) Where a container is not rented from the collector but is rented from another solid
waste enterprise and approved by the City, the renter shall ensure that the container meets the
standards of quality and maintenance applicable to the containers supplied by the collector.
The renter shall procure the written standards or rules and regulations of the collector prior to
renting from another solid waste enterprise.
(e) Any containers of a one cubic yard or greater size shall be identified with the name
and telephone number of the collector or other solid waste enterprise servicing the container.
The container shall be identified by the type of materials that can be deposited in the container.
(f) Containers shall remain on private property and not in the public rightofway
except as necessary to accommodate scheduled collection. Containers are permitted in the
public rightofway only during the day preceding the day of scheduled collection and
terminating the day following such collection.
SECTION 11.If any section, subsection, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portion or sections
of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and
each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 12. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines,
because it can be seen with certainty that there is no possibility that the ordinance will have a
significant effect on the environment.
//
//
//
(SGY7MKR)RZIPSTI-( &&%*)&)% && (* *( *
2019052201 15
SECTION 13. This Ordinance shall be effective on the thirtyfirst day after the date of its
adoption.
INTRODUCED: June 24, 2019
PASSED: August 5, 2019
AYES: CORMACK, DUBOIS, FILSETH, FINE, KOU
NOES: TANAKA
ABSENT: KNISS
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Public Works
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