HomeMy WebLinkAboutStaff Report 6475
City of Palo Alto (ID # 6475)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/11/2016
City of Palo Alto Page 1
Council Priority: Environmental Sustainability
Summary Title: Adoption of an Ordinance to Require All Business to
Subscribe to Recycling and Compost Service
Title: Adoption of an Ordinance Amending Title 5 (Health and Sanitation)
and Title 18 (Zoning) of the Palo Alto Municipal Code to Require All
Businesses to Subscribe to Recycling and Compost Services and Comply with
Refuse Sorting Requirements
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council adopt an ordinance amending Title 5 (Health and
Sanitation) and Title 18 (Zoning) of the Palo Alto Municipal Code (Attachment A)
to require all businesses to subscribe to recycling and compost services and
comply with refuse sorting requirements.
Executive Summary
Staff is proposing changes to Title 5 (Health and Sanitation) and Title 18 (Zoning)
of the Palo Alto Municipal Code with new requirements related to recycling and
composting that will be referred to throughout this report as the Recycling and
Composting Ordinance. The proposed changes also include updates to the
ordinance text that will ensure consistency in the new requirements and
definitions. The Recycling and Composting Ordinance would require customers to
subscribe to all three services (garbage, recycling and compost) and to sort their
waste properly. The proposal includes new enforcement provisions for the
Commercial Sector, but not for the Residential Sector. Other Bay Area
jurisdictions, such as San Francisco, Cupertino and many cities in Alameda County,
have implemented similar ordinances resulting in improved rates of diversion
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from landfills. On December 15, 2015, staff presented the proposed ordinance to
the Finance Committee where it passed unanimously. Based on staff projections,
the City’s diversion rate should increase to approximately 84% with the full
implementation of and compliance with this proposed ordinance.
Background
Zero Waste Plan Development
In 2004, City Council directed staff to develop a zero waste policy and
implementation plan for Palo Alto. In 2005, a task force was formed to assist in
the creation and development of a zero waste policy and strategic plan to guide
City officials in reaching zero waste goals. With input from the community,
businesses and industry experts, the Zero Waste Strategic Plan identified key
objectives and strategies, including developing policies and incentives to
eliminate waste at the source and maximize recycling through expanded
collection programs, processing facilities, education, outreach and technical
assistance.
In October 2005 Council approved the strategic plan and adopted goals of 73%
waste diversion by 2011 and zero waste by 2021 (CMR:382:05). Council also
directed staff to develop a Zero Waste Operational Plan (ZWOP) identifying
necessary policies, programs and facilities. The ZWOP, completed in June 2007
and approved by City Council on September 17, 2007, outlined many strategies
that were included in the GreenWaste of Palo Alto contract implemented in 2009,
resulting in a rise in the City’s waste diversion rate from 62% to 80% in 2014. The
ZWOP also included a policy recommendation to develop a “mandatory” recycling
ordinance as a key strategy to achieve zero waste.
Despite the 80% diversion rate, tons of recoverable materials are sent to the
landfill each year. A waste characterization study performed in 2012 determined
that over 70% of the City’s garbage is recoverable, approximately 21,000 tons of
compostable and recyclable material. The study found that food scraps and food
soiled paper were the largest constituents of the recoverable material.
The landfilling of compostable materials results in greenhouse gas emissions
equivalent to 5,000 metric tons of carbon dioxide. The landfilling of recyclable
materials results in more greenhouse gas emissions. Every aluminum can, plastic
bottle, glass jar, cardboard box or piece of paper not recycled results in virgin
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materials needing to be mined for manufacturing. While some recyclable
materials (~ 18%) are recovered at the Sunnyvale Material and Recovery Transfer
(SMaRT) Station, many of the recyclable materials are buried at Kirby Canyon
Landfill in south San Jose. This “waste” of recyclable materials results in
greenhouse gas emissions estimated at 17,000 metric tons of carbon dioxide
equivalent per year. Eliminating these emissions by achieving zero waste is a key
component of the City’s Sustainability/Climate Action Plan.
Additionally, the State of California through CalRecyle, the state’s regulatory
agency overseeing solid waste disposal, has identified “moving organics out of the
landfill” as its top priority in achieving the state’s 75% recycling goal. Specifically,
by April 1, 2016, the state will require all local governments to have a program in
place to collect organics from entities generating 10 cubic yards or more of
organics per week.
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Key 2015 Zero Waste Initiatives
Staff identified three initiatives to increase the City’s waste diversion rate by
focusing on compostable materials:
1. Implement a new residential food scraps collection program;
2. Implement a new recycling and composting ordinance; and
3. Extend and add scope to the GreenWaste contract to manage these new
program activities.
2015 Three Zero Waste Initiatives
Date Item Staff Report No.
Mar. 3
Submitted plan to the Finance Committee Staff Report 5546
Mar. 23 Council approval of Residential Food Scraps
Program
Staff Report 5558
Jun. 15 Council approval of GreenWaste contract
amendment no. 2
Staff Report 5763
Nov. 2 Council meeting - Recycling and Composting
Ordinance (Council motion directed staff to
return to the Finance Committee)
Staff Report 6081
Dec. 15 Finance Committee meeting - Recycling and
Composting Ordinance
Staff Report 6340
Jan 11 Council Meeting – First reading of Recycling and
Composting Ordinance
Staff Report 6475
TBD Council Meeting – Second reading of Recycling
and Composting Ordinance
Staff Report TBD
On July 1, 2015, the City began food scraps and food soiled paper collection for
single-family residential customers. Eighteen thousand households in the City can
now place their food scraps and food soiled paper directly into the green cart with
their yard trimmings. This program is estimated to divert 3,000 tons of
compostable materials annually.
Current Success and Challenges in Diverting Materials from the Landfill
The City’s 80% waste diversion rate from landfills has remained relatively stable
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since 2010, meaning that the City will not reach zero waste without addressing
the remaining recoverable materials found in garbage. Nearly 70% of what is
discarded in the black, garbage container could either be recycled or composted
(Figure 1). This is likely due to two factors: (1) not everyone sorts properly and (2)
the majority of commercial customers do not subscribe to compost service.
Figure 1: Material Recoverability in Citywide Garbage
To address the sorting issue, City staff and GreenWaste Environmental Outreach
Coordinators provide signage and training. Encouraging commercial customers to
subscribe to compost service, however, presents a different challenge.
Since 2009 commercial customers have had the option to subscribe to a voluntary
compostable collection service. Over 30% percent of commercial customers,
including many of the large corporate campuses and restaurants, subscribe to this
optional compost service. This program has been successful in diverting 11,000
tons of food scraps and food soiled paper from the landfill to anaerobic digestion
and/or composting. Nonetheless, 7,000 tons of commercially generated
compostable material still ends up buried in the landfill.
In 2014, staff surveyed many commercial customers who do not have compost
service to understand what barriers kept them from subscribing. The majority
responded with “compost service was not required.” Despite the fact that nearly
all would save on their utility bill, most did not feel that subscribing to compost
service was worthwhile.
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The GreenWaste contract amendment went into effect July 1, 2015. The
amended and restated contract includes a modification that provides a greater
incentive to GreenWaste to collect compostable materials.
Discussion
To minimize the amount of material sent to the landfill and reduce greenhouse
gas emissions, the Recycling and Composting Ordinance would require all
customers to subscribe to recycling and compost service and sort properly.
The Recycling and Compost Ordinance proposed by staff (Attachment 1) covers
more customers than adopted California State legislation (AB341 and AB1826).
Based on staff projections, the City’s diversion should increase to around 84%with
the full implementation of and compliance with this proposed ordinance..
Requiring recycling, compost, and garbage containers for all customers through a
modification of the Municipal Code will need coordinated outreach, education
and enforcement efforts to ensure that discards are sorted properly.
Proposed Ordinance Changes
The proposed ordinance changes (Attachment 1), are differentiated into two
categories:
1) Recycling and Composting elements - requiring customers to subscribe to
all three services and sort their waste properly (highlighted track-changes);
and
2) Updated definitions and other text for consistency with current practices
and guidelines (track-changes);
As mentioned above, the recycling and composting provisions would require all
commercial customers (including multifamily customers) to subscribe to all three
waste services and sort discards properly; garbage in the black container,
recyclables in the blue container and compostables in the green container. Other
changes to the ordinance include updating definitions and text for consistency
with current practices and guidelines. For example:
Determining the level of service required for customers – i.e. containers
sufficient to hold solid waste (5.20.080), recyclable materials (5.20.090),
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and compostable materials (5.20.100) for one week;
Clarifying how refuse containers shall be stored and maintained (5.20.120);
Strengthening the language related to litter around refuse containers
(5.20.130) and litter on the streets (5.20.160);
Eliminating sections related to the now-closed Palo Alto Landfill; and
Deleting services that are no longer offered (5.20.210 “Manure
Containers”).
Based on direction from Council on November 2, 2015, sections that address the
specifics of the Recycling and Composting Ordinance are highlighted in yellow in
Attachment 1 with the full ordinance text. The other changes are in
redline/strikeout. The modified ordinance also includes a definition of “salvage”
taken from Section 5.24 (Construction and Demolition Debris Diversion Facilities).
Salvage is allowed in Section 5.20.110(f) and addressed in greater detail as part of
Title 16 Building Regulations and City green building codes (no modification
proposed as part of Attachment 1 updates). The term “general contractor” was
also revised to the original “contractor” in this section. Section 5.20.109
(Requirements for special events) was also revised to include only items related to
sorting refuse properly. Text pertaining to single-use food service items is no
longer in the ordinance text under “special events.”
Compliance and Enforcement
Approximately 1,000 commercial customers currently do not subscribe to
compost service. These customers will be required to subscribe in three phases
based on the amount of waste they produce. All food service establishments and
multifamily customers will be included in the first phase. The phases are outlined
in the “Timeline” section below. In cases where a separate container is not
feasible, staff will work with customers to identify opportunities to share service
or determine whether the customer may qualify for a “de minimus” exemption.
Compliance activities for not sorting waste in the proper container would range
from notifications to additional fees and fines.
Single-family customers will not see a change. As is the current procedure,
customers would receive notifications (cart tags) if their carts are contaminated.
Although no fees or fines will be levied, flagrant contamination could cause
GreenWaste to reject their load until contaminants are removed.
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Multifamily customers would not be subject to fees or fines, provided the
complex has easily accessible containers and signage for all recyclables,
compostables and garbage. Should managers/owners of multifamily buildings fail
to provide appropriate containers and signage, the owner would be subject to the
same fees and enforcement actions for commercial customers. Administrative
citations will not apply to individual sorting errors as defined in section
5.20.030(b).
Proposed Compliance Process For Commercial Customers:
Incidents Compliance Action (Commercial Customers Only)
1
Cart Tag – Notifies customer of contamination. The material in the
container will still be collected.
2
A representative from GreenWaste will make a site visit and offer to
provide training to the customer’s staff, tenants and/or janitorial
staff. The material in the container will still be collected.
3
The City would send a letter to the customer including details of the
contamination witnessed and previous efforts to resolve the
problem and warn of possible fees or fines for future flagrant
contamination. The material in the container will still be collected.
4 and
beyond
The customer would have two options: (1) the customer could
remove contamination and pay a “return trip” fee as indicted in the
commercial refuse rate schedule or (2) the customer could elect not
to remove the contamination and pay both a “return trip” fee and
an “extra solid waste pick-up” fee for the extra sorting and disposal
of the waste. The current fee for a “return trip” is $77.00 and “extra
solid waste pick-up” is based on the size and type of container.
5 and
beyond
The customer would be subject to administrative penalties for non-
compliance with the City’s municipal code.
Note: GreenWaste reserves the right to not collect recyclable or compostable
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materials that may jeopardize the integrity of processing equipment and/or the
marketability of the materials.
Business and Multifamily Outreach
Outreach efforts included a September utility bill insert directing customers to
www.cityofpaloalto.org/rc-ordinance and to take a Recycling and Composting
Ordinance Survey, as well as staff meetings with the Palo Alto Chamber of
Commerce, Downtown Business Association and merchants of California Avenue.
These efforts were undertaken in order to increase awareness of the upcoming
changes and to better understand potential barriers to compliance. A few themes
emerged from the survey and comments at the meetings, including:
Education of proper sorting - focusing efforts on janitorial staff, workers
and tenants;
Unauthorized use of customer containers;
Cleanliness - keeping refuse areas clean; and
Responsibility – tenants and managers/owners for sorting errors.
In response, staff is having GreenWaste broaden outreach to businesses, provide
more sorting signage, schedule more sorting trainings and develop an online
toolkit for janitorial services, offices and restaurants. GreenWaste is also working
with downtown and California Avenue customers to provide bin locks where
appropriate and identify shared service opportunities to minimize the number of
refuse containers in alleys. GreenWaste is promoting its low-cost “bin wash”
service to help customers comply with the cleanliness requirements in the
Recycling and Composting Ordinance. To address the “ick-factor” related to food
scraps, City staff has identified and is educating customers on best management
practices and lessons learned from other communities to avoid creating odors or
vector problems.
Staff recognizes the challenges of guaranteeing proper sorting where there is no
responsibility/accountability for doing so. For multifamily customers, an
additional fee will be levied only if managers/owners fail to provide sufficient
containers and signage. Staff believes managers/owners have more tools to
ensure proper sorting, including adding appropriate language to leases advising
tenants of sorting responsibilities and penalties and training janitorial services,
with support from GreenWaste, to sort properly. Education and outreach to
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customers, janitorial staff, workers and tenants will be the primary method of
ensuring compliance.
Although most commercial customers surveyed don’t subscribe because it’s not
required, they indicated they could comply with the ordinance and sort their
refuse properly.
Timeline
The ordinance will apply to commercial customers and be phased in as follows:
Phase 1: April 1, 2016, all commercial customers generating 8 cubic yards of
garbage per week, all multifamily customers and all food service
establishments would be required to subscribe to compost service. Phase 1
represents about 150 customers that do not currently subscribe.
Phase 2: January 1, 2017, all commercial customers generating 2 cubic
yards or more of garbage per week will be required to subscribe to
compost service. This phase represents about 220 customers that do not
currently subscribe.
Phase 3: January 1, 2018, all commercial customers will be required to
subscribe. This phase represents about 600 customers that do not currently
subscribe.
Staff will develop outreach and provide education focused primarily on those
affected at each phase of implementation.
Resource Impact
Staff estimates that the impact of this Recycling and Composting Ordinance would
result in a modest reduction in net income to the Refuse Fund. When this
ordinance is fully implemented (in three years), the net impact is projected to be
a net income reduction of approximately $78,000 per year. Revenue would be
reduced because of customers downsizing their garbage service as they divert
compostables to compost service (green container). For the commercial sector,
compost service is currently priced at a 10% discount relative to the equivalent-
sized garbage container. Of the 70% of commercial customers currently not
subscribing to compost service, most could see a reduction in their utility bill if
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they sort properly and downsize their garbage container.
The following net income estimates to the Refuse Fund are cumulative:
Full Year of
implementation
Per Year Net
Income Reduction
Year 1 <$43,000>
Year 2 <$66,000>
Year 3 <$78,000>
The above estimates are based on several assumptions, which include 1) the
amount of tons of compost material diverted from the garbage; and 2) the shift in
customer service subscription levels (i.e., reduction in the size of garbage
container and increase in the size of the compost and/or recycling container).
Staff will continuously review actual costs and revenue information and propose
Refuse Rate adjustments as appropriate.
Policy Implications
Reducing the amount of recyclable and compostable materials landfilled is a key
strategy of the Zero Waste Operational Plan and a goal of the Comprehensive
Plan and Sustainability/Climate Action Plan.
Environmental Review
The Recycling and Composting Ordinance, as a key strategy in the Zero Waste
Operational Plan, will have a positive impact on the environment by dramatically
reducing greenhouse gas emissions – estimated to be the equivalent of 22,000
metric tons of carbon dioxide annally. The additional collection of compostable
material using existing collection vehicles and current routes is consistant with
previous CEQA reviews. The Recycling and Composting Ordinance does not
constitute a new or substantially changed project under CEQA.
Attachments:
Attachment A: Proposed Ordinance Chapter 5.20 and 18.23 (DOCX)
150807 jb 00710649B 1
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending and Restating
Chapter 5.20 of Title 5 and Amending Section 18.23.020 of Chapter 18.23 of Title
2 of the Palo Alto Municipal Code Pertaining to the Collection, Removal and
Disposal of Refuse
The Council of the City of Palo Alto does ordain as follows:
SECTION 1. 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 MATERIALSREFUSE
5.20.010 Definitions.
Within and limited to this chapter, theThe following words and phrases whenever used
in this chapter shall be construed as defined in this section, unless the context indicates
otherwise.
(1) “Bin” shall means a detachable solid waste or recycablerefuse 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.
(3) “Cart” means a wheeled container receptacle larger than a Standard container
and smaller than a bin, equipped with a lid, and designed for mechanical pick-up 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.
(4) “City landfill” means the City of Palo Alto’s landfill, located at 2380 Embarcadero
Road, Palo Alto, California.
(5) “City manager” means the person referred to in Section 2.08.140 of the
municipal code,City Manager of the City of Palo Alto or the city manager’s or designee.
(6) “Collection agreement” means a contract with the cityCity for the collection of
150807 jb 00710649B 2
solid waste and recyclable materials,refuse pursuant to Section 5.20.040.
(7) “Collector” means one or more persons authorized under by Section 5.20.040 to
provide solid waste, recyclable materials, or solid waste and recyclable materialsthe collection,
removal processing and disposal services of refuse 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 person holdser of the title or the is the
record owner of record of the commercial/industrial premises.
(9) “Commercial/industrial premises” means all any occupied real property in the
cityPalo Alto, 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
(3127) hereof, and shall include, without limitation, any wholesale and or retail establishments,
restaurants and food service establishments, bars, stores, shops, shopping center, offices,
industrial establishments, manufacturing establishments, service stations, repair, research and
development establishments, professional, services, sports or recreational facilityies, 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 facilityies, structures, sites, or other establishments in the cityPalo 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.
(110) “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.
(121) “Construction and/or demolition site” means any real property in the cityPalo
Alto, in on or fromat which a building or structure, or any portion thereof, is being
fabricatedconstructed, assembled, erected or demolished, and which producesduring which
construction or demolition waste which must be removed from the property.
(132) “Construction and/or demolition waste” means any solid waste generated as the
result of construction or demolition work, 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.
(143) “Container” means any bin, box, cart, compactor, drop box, roll-off 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.standard container, mini-
can container of cart.
150807 jb 00710649B 3
(154) “Director” means the person referred to in Section 2.08.190 of the Municipal
Code, director of public works for the city of Palo Alto or the director's designee.
(165) “Disposal or processing facility” means a landfill facility,or a recycling facility, or 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 ready-to-consume food or beverages, for
public 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
ready-to-consume food or beverages, for public consumption.
(1916) “Hazardous waste” means waste defined as hazardous by Public Resources Code
section 40141, as it now exists or may subsequently be amended, namely, a waste or
combination of wastes, which because ofdue 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 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.
(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.
(2117) “Manure” shall means the waste droppings from of 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) “Mini-can container” means a round, metallic or plastic can with a close fitting
cover, handles and side bails with 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.
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(22) “Multifamily property” means any residential premise with five or more attached
units with shared service.
(23) “Organic wastes” means “compostable materials.”
(240) “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 companyassociation, firm, partnership, corporation, or any other
group or combination thereof acting as a unit.
(251) “Place or premises” means every residential premises and commercial/industrial
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.
(262) “Public solid waste or recycling receptacles” means receptacles any container for
the collection of solid waste, or recyclableing materials or compostable materials that are both
located on public property and intended for use by the general public.
(273) “Recyclable materials” means those materials designated by the City that are 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 metalsrecycling.
(284) “Recycling” means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise become Solid 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
This term does not include transformation as that term is defined in Public Resources Code
section 40180201.
(29) “Refuse” means and includes compostable materials, recyclable materials and
solid waste.
(30) “Refuse service” means the weekly or other periodic collection, processing and
disposal of materials properly deposited in the collector-provided containers for solid waste, as
well as weekly collection and processing of recyclable materials and weekly collection and
processing of compostable materials.
(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.
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(3126) “Residential householder” means any person or persons holdingowning or
occupying residential premises in the cityPalo Alto, whether or not the owner of the residential
premise.
(3227) “Residential premises” means any residential dwelling unit within the cityPalo
Alto, including, without limitation, a multiple unit residential complexes, such as a rental
housing projects, condominiums, apartment houses, mixed condominiums and rental housing,
and a mobile home parks, except any multiple dwelling which, with the prior written approval
of the director, receives commercial bin service.
(33) "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. (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.
(3429) “Solid waste” shall means all putrescible and nonputrescible solid and semisolid
wastes, generated in or upon, related to the occupancy of, remaining in or emanating from
Residential residential premises or commercial/industrial premises, including garbage, trash,
refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded
home and industrial appliances, manure, vegetable or 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, or recyclable materials or compostable
materials.
(350) “Solid waste enterprise” shall mean any individual, partnership, joint venture,
unincorporated private organization, or private corporationperson regularly engaged in the
business of providing solid waste, or recyclable materials or compostable 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.
150807 jb 00710649B 6
(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.
(364) “Source separated single recyclable materials” are source separatedmeans
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 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.
(376) “Yard trimmings” means any 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.
5.20.020 Declaration of policy
(a) The accumulation, collection, removal and disposal of solid waste and recyclable
materialsrefuse must be controlled by the cityCity for the protection of the public health, safety
and welfare. The councilCouncil finds that to give practical effect to this policy a comprehensive
system for the periodic collection, removal and disposal of solid waste and recyclable
materialsrefuse from all places or premises is essential and benefits all occupants of places or
premises., and, therefore, Aall such occupants of places or premisesare made shall be liable for
the solid waste and recyclable materialsrefuse collection charges established by the
councilCouncil for the collection, removal and disposal of solid waste and recyclable
materialsrefuse.
(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) AB 1826, which amended the law in 2014, imposes organic waste recycling
requirements with a mandate that will begin on April 1, 2016.
150807 jb 00710649B 7
(e) 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.
5.20.030 Discarding of solid waste and recyclable materialsrefuse
(a) No person shall throw, drop, leave, place, keep, accumulate, or otherwise
dispose of any solid waste or recyclable materialsrefuse upon private property either with or
without the intent to later remove the same from such that 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.
(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 section shalldoes not prohibit
the placement of solid waste or recyclable materialsrefuse 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. 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.
5.20.040 Collection, removal and disposal only by authorized persons
(a) The cityCity shall authorize, permit, regulate and control the collection, removal
and disposal of all solid waste and recyclable materialsrefuse generated at all places or
premises. For this purpose, the City may enter into 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 or be deemed or construed as a franchise nor be deemed or
construed as such.
(b) Notwithstanding any permit issued by any other governmental agency
authorizing the collection of solid waste or recyclable materialsany type of refuse, no person
other than a person with a collection agreement, or his or herits 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 materialstype of
refuse from within the city Palo Alto 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’sits duly authorized agents or subcontractors.
150807 jb 00710649B 8
(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 materialsrefuse from the residential or commercial/industrial
premises held or occupied by such that owner or occupant and shall pay the fees for such
services asthe fees approved by the city councilCouncil. No residential householder or
commercial/industrial business owner shall enter into an agreement with a solid waste
enterprise for the collection of for agreement for solid waste or recyclable materialsrefuse
handling services with any person, firm, or corporation other than the collector, except as
otherwise provided in this chapter.
5.20.050 No unauthorized 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 ora container within the cityPalo Alto.
(b) The cityCity shall notify, in writing, any person who violates this Section 5.20.050
that the prompt and permanent removal of such the bin, box or container from the place or
premises is required. The cityCity shall deliver such the 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 by the name and telephone number of the solid waste enterprise servicing it, as required
by Section 5.20.130(e), the city City shall also endeavor to contact the enterprise by telephone.
The Ffailure of the City to notify telephonically the owner of the presence of the container at
the place or premises telephonically shall not invalidate the notice. The city 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 be
not less than twenty-four hours after the posting of the notice, or not less than six business
hours after the telephonic notification, if any notice is provided. For purposes of this Section
5.20.050, “business hours" shall means the hours of 7:00 a.m. to and 6:00 p.m., Monday
through Saturday. Any person who violates this Section 5.20.050 shall be liable to the city City
for all fines and charges levied in connection with the collection, transportation, storage and
handling of such that bin, box or container by the cityCity. The bin, box or container
impounded by the city City shall be retrieved by the owner or his or her representative
immediately after all applicable fines and charges have been paid. The city City manager may
delegate to the collector the authority to impound any unauthorized bins, boxes, and
containers and to collect the fines and charges levied by the cityCity.
(c) Upon posting of a written notice of violation upon the unauthorized bin, box or
container, the customer person using the unauthorized bin, box or container shall immediately
cease placing solid waste and recyclable materialsrefuse therein.
5.20.060 Contracting for special hauling services.
Any owner, or occupant or tenant of any place or premises may contract with the
collector or his or herits duly authorized agents or subcontractors, as provided in Section
5.20.070, but not otherwise, for special hauling services for the collection, removal and disposal
of solid waste in excess of the regular services provided by the collector.
150807 jb 00710649B 9
5.20.070 Use of agents or subcontractors by the collector.
The city City may provide in any written contract entered into pursuant to Section
5.20.040(a) that the collector may designate, in writing, one or more agents or subcontractors
who may collect, remove, and dispose of such solid waste or construction and demolition waste
as may be in excess of the regular collection made by the collector, subject to the limitations
set forth in the collection agreement.
5.20.080 Number of solid waste containers required.
(a) No All persons owning or occupying any place or premises where solid waste is
created, produced or accumulated shall subscribe and pay for this type of refuse service and
shall subscribe and pay forfail to procure a sufficient number of containers to hold all solid
waste created, produced or accumulated at or on the place or premises during a one-week
period, unless a more frequentdifferent frequency for a 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 meets 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) Motel, 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.
150807 jb 00710649B 10
(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, 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 ownership of recyclable materials – Residential Premises.
(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 one-week
period, unless a different frequency collection schedule has been approved or directed
pursuant to this chapter.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 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 to collect such 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.
(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 free of hazardous wastes.
5.20.100 Collection and ownership of recyclable compostable materials –
Commercial/industrial premises.
(a) The city shall provide a program for the collection of recyclable materials from
commercial/industrial premises.
150807 jb 00710649B 11
(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.
(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
one-week 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 one-week 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 one-week period, unless a different frequency collection
schedule has been approved or directed pursuant to this chapter.
(e) On or after January 1, 2018, all 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 one-week period, unless a different frequency collection schedule has been approved or
directed pursuant to this chapter.
(f) 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.
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.
150807 jb 00710649B 12
(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 pick-up
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 pick-up” 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 pick-up 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 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, if 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 pick-up” fee, a “contamination” fee, an administrative citation or any
other enforcement action. A multifamily property will not be subject to a “return trip” fee or an
“extra solid waste pick-up” 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.
5.20.108 Requirements for owners or managers of multifamily properties and
commercial premises.
(a) The owner or manager of any multifamily property or commercial premises must
provide a level of refuse service sufficient to contain the refuse generated by the owners,
occupants, tenants, employees, contractors, and customers of the property or premises.
(b) The owner or manager of any multifamily property or commercial premises must
provide the number and type of containers at the property or premises sufficient to make the
150807 jb 00710649B 13
source separation of refuse convenient for the owners, occupants, tenants, employees,
contractors, and customers of the property or commercial premises.
(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
color-coded – 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 as close
together as practicable to provide equally convenient access to users.
(d) The owner or manager of any multifamily property or commercial premises shall
provide information or training for new occupants, tenants, employees and contractors,
including janitors, on the manner of source separation of solid waste, compostable materials,
and recyclable materials. The owner or manager shall provide information or train current
occupants, tenants, employees and contractors at least once per calendar year.
(e) The owner or manager of any commercial premises or their contractor shall
collaborate with on-site janitors to create effective source separation programs.
(f) The use of public solid waste, recycling, or composting receptacles by any
commercial premises is prohibited.
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 color-coded – 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.
150807 jb 00710649B 14
(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 color-coded 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.
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 in or on his or herat the residential premises, or from composting yard trimmingsat
home, or from selling, donating or disposing of recyclable or compostable materials generated
in or on his or herat the residential premises. The containers provided by the collector may 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, or compostable materials to a
disposal or processing facility.; nor shall any No residential householder may collect or dispose
of solid waste generated elsewhere than in or on his or herat a location that is not the
residential premises.
(b) Gardener's Exclusion. No provision of this chapter shall prevent bar a gardener,
tree trimmer or other person engaged in a similar trade from collecting and disposing of grass
cuttings, prunings, and similar materialyard trimmings not containing other solid waste
whenever the collection and disposal are incidental to providing such the gardening, tree
trimming or similar services.
(c) Commercial Source Separated Recyclable Materials and Compostable Materials
(1) Commercial/industrial 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. 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 rRecyclable materials and
compostable materials collected pursuant to this paragraph (c) must shall be taken transported
to a recyclable materials and compostable materials ing facility achieving a diversion rate of 90
percent and where not more than 10 percent of the materials are, and not disposed of in a
landfill.
150807 jb 00710649B 15
(2) Commercial/industrial business owners shall demonstrate compliance with the
provisions of this paragraph (c) upon at the request of the director.
(3) The city 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 City with information pertaining to such the collection and, including without
limitation, the amount of recyclable materials and compostable materials collected from within
the city’sPalo 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
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
suchA recycler, junk dealer or enterprise which buys such recyclable materials shall not be
prohibited from removing and transporting such 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/industrial business owner from arranging for any worn, spent, or defective
equipment, or part thereof, used in such 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 such that
commercial/industrial business owner.; nor shall any provision of this chapter prevent aAny
person engaged in the business of renovating, rebuilding, recharging, regenerating, or
otherwise restoring or repairing such 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 any suchthe 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
aunder contract for the demolition or reconstruction of a building, structure, pavement, or
concrete installation from marketing any saleable items salvaged from such the demolition or
reconstruction, or from causing such the salvageable items or Cconstruction or demolition
waste to be removed and transported from the place or premises aton which such waste is
generated, pursuant to the provisions of the demolition or construction contract, subject to the
following:
(1) Such The collection, removal and disposal activity shall be performed only by the
licensed contractor having theunder contract for the Cconstruction or demolition work that
generated such the salvageable items or Construction or demolition waste, or by regularly
employed personnel carried on the licensed contractor's payroll records as an employee.
150807 jb 00710649B 16
(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.
(23) All vehicles used in to carrying out suchfacilitate 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 cityCity. 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 those documents, provided the transport
and disposal of the documents are incidental to the as a part of such document destruction or
disposal service.
(i) Self-Haul Exclusion. 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 onat their place or 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
materialsthe solid waste to a disposal or processing facility. Any residential householder or
commercial/industrial business owner who pursuant to this paragraph (hi) seeks to on a regular
basis collect and dispose of solid waste generated in or onat the place orir premises, must shall
first obtain a self-haul permitapproval from of the directorcity, and must comply with the
procedures for applicable to self-hauling that areto be adopted by the city council 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 which
that meets all applicable regulatory requirements. Any disposal by a person exempted under
this section shall not be relieved such person from of 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 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 (hi), 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.
150807 jb 00710649B 17
(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 on-site 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 on-going basis is
incidental to any other materials originating from that collection location.
5.20.120 Recycling storage design requirementsRefuse containers.
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.
(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 industry-approved 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 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.
5.20.130 Maintenance and placement of bins, boxes, and containers.
150807 jb 00710649B 18
(a) The commercial/industrial business owners andor residential householder , as
the case may be, shall maintain their bins, boxes, and containers on at their places and
premises, and the areas in whichwhere the containersy are located, in a good, usable, clean and
sanitary condition, and shall ensure that the lids or cover on the bin, box, or container is are
kept fully closed, and shall ensure that there is no litter underneath or surrounding the
containers. No refusesolid waste or recyclable materials are shall be placed outside of the bin,
box, or container. Bins, boxes, and cContainers shall at all times be maintained by the
commercial business owners and residential householders kept in a manner that will prevents
leakage, spillage and the escape emission of odors. Commercial premises sharing receptacles
placed outside of retail areas, must also share equally in the responsibility of emptying the
receptacles 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 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 at 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 approved by the collector to customers. The collector shall be responsible for
maintaining maintenance of the bins, boxes andrental containers by keeping the containers in
good and sanitary condition (ordinary wear and tear excepted) and shall repaint such the bins,
boxes and containers at a frequency as determined by the citydirector. The collector and the
renter shall determine and agree upon plan with the customer the placement of the bins,
boxes, and containers to minimize traffic, aesthetics and other potential effects that may be
problems associated with their placement.
(d) Where a bin, box, or container is not rented from the collector but is rented from
another solid waste enterprise and approved by the cityCity, the customer renter shall be
responsible for ensureing that the bins, boxes, or containers meets the same standards of
quality and upkeep as aremaintenance applicable to the bins, boxes, and 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) Anyll bins, boxes, and containers of a one cubic yard or more greater size shall be
identified with the name and telephone number of the collector or other solid waste enterprise
servicing the bins, boxes, and containers. The container shall be identified by the type of
materials that can be deposited in the container..
5.20.140 Frequency of solid wasterefuse collection.
The Collector or his or herits duly authorized agents or subcontractors shall collect solid
wasterefuse from all residential premises and commercial/industrial premises within the
cityPalo Alto at least once a week, unless the director authorizes less a different frequency oft
collection as provided in Section 5.20.
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5.20.150 Collection hours, quietness of collections, and collection of equipment.
(a) Solid waste and recyclable materials collectionsRefuse shall be made collected
only between the hours of six 6:00 a.m. and six 6:00 p.m. in residential districts and at schools,
churches, and commercial premises located in commercial districts properties adjacent to
residential districts.
(b) Refuse shall be collected only between the hours of 4:00 a.m. and 9:00 p.m.
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 any
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 materialsrefuse collection shall be operated in a manner that
complies comply with the noise ordinance codified in the provisions Chapter 9.10 Title 9 of the
municipal Municipal codeCode. All unnecessarily noisy trucks or equipment for such collections
are prohibited.
5.20.160 Litter, Sspillage or leakage of solid waste and recyclable materialsrefuse.
All solid waste and recyclable materialstypes of refuse hauled by any person over public
streets in the cityPalo Alto shall be securely tied and covered during hauling thereof so asin
order to prevent litter and the leakage, spillage, or blowing or dropping of refuse of any type on
to public streets. No person shall allow any solid waste or recyclable materials of any kind
whatsoevertype of refuse to leak, spill, scatter, blow or drop from any vehicle operated on any
public streets within the CityPalo Alto.
5.20.170 Special permits in hardship cases.
(a) Upon a showing of hardship by the owner, or occupant or tenant of a place or
premises, the director may issue or cause to be issueda special written permits authorizing
variations froma variance with the provisions of this chapter yet the variance will be subject to
the imposition of such terms and conditions as the or shedirector may deem necessary to
protect the public health, and safety and welfare.
5.20.180 No Accumulation of solid waste or recyclable materialsrefuse.
(a) Every No 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 wastetype of refuse to accumulate in,
on or about suchat its place or premises for a period in excess of one calendar week, except the
director may authorize by written rules and regulations a different frequency of less frequent
collection, removal and disposal of refuse for compactors at commercial/industrial premises.
This provision shall not be construed to prohibit any person from keeping temporarily storing
building materials in, on or aboutat any place or premises during the period of active
150807 jb 00710649B 20
construction, reconstruction or repair of a building or structure thereon under a current valid
building permit, nor the keeping ofstoring wood neatly piledin an orderly pile upon suchat the
place or premise for household use, nor the retaining compostable materials for home
composting of yard trimmings purposes.
5.20.190 No bBurning, burial, or dumping of solid waste or recyclable
materialsrestrictions.
(a) No person shall burn any solid waste or recyclable materialsrefuse within the
cityPalo Alto at any time.
(b) No person shall bury or dump any solid waste or recyclable materialstype of
refuse within the cityPalo Alto. Compostable materials may be buried on-site by the occupant
of the residential place or premises, 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 hazardous waste in the city landfill nor in any
bin, box, ora container.
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 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.
(ab) No person shall tamper with, modify, scavenge from or deposit any type of
refuse placed in any refuse container solid waste or recyclable materials in, any solid waste or
recyclable materials bin, box, or container which has is not been provided for his or herthe use
150807 jb 00710649B 21
of that person, without the permission of the person responsible for owner of the container
and payment of the fees therefor under this chapter.
(bc ) Except as otherwise provided in Sections 5.20.090110 and 5.20.110090 of this
code, no person shall collect any type of refuse originating the recyclable materials from any
residential place or premises or any posted recycling centers within the cityPalo Alto.
(cd) The foregoing prohibitions are in addition to the prohibitions set forth in Section
41950 et seq. 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.
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.
(b) Except as set forth in Section 5.20.110(h), every person with residential premises or
commercialoccupying, owning, controlling, or maintaining place or premises within the cityPalo
Alto shall be liable for the payment of the refuse service rates, including any solid waste
collection rates authorized by the cityCity.
5.20.260 Penalty for failure to pay collection rate.
(a) All collection rates and charges imposed by the council Council pursuant to the
provisions of this chapter for the collection, removal and disposal of solid wasteall types of
refuse shall be a civil debt owing to the city City from the owner, occupant or person
maintaining or controlling the place or premises receiving the services.
(b) All such collection rates and charges shall be billed along with other municipal
utility bills, if so billed, and shall be subject to the provisions of the city’s City’s utility rates and
regulations governing the collection and payment of other utility rates. The City may by
agreement permit the collector or other person to collect the applicable rates and charges for
150807 jb 00710649B 22
refuse service. 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 City for the failure of any person to pay the rates.
5.20.280 Administration by city City manager.
(a) The city City manager or designee shall adopt such written rules and regulations,
not inconsistent with this chapter, as may be necessary for the proper administration and
enforcement of this chapter. Such The written rules and regulations may include, but are not
limited to, regulations relating to the required frequency of solid waste and recyclable
materialsrefuse collection from various types of places or premises, the types of special bins,
boxes, and containers required for placement at certain classes of places or premises, and
regulations governing the vehicles used in making such collections, and regulations governing
the use and operation of the city landfill.
(b) The city City manager shall resolve all disputes concerning the administration or
enforcement of this chapter, and. H his or her decision in such matters 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 Title 1 of the Municipal Code unless otherwise specified.this code.
SECTION 2. Section 18.32.020 of Chapter 18.23 of Title 18 is hereby amended to read,
as follows:
18.23.020 RefuseTrash Disposal disposal areasand Recycling
(A) Purpose
Assure that development provides adequate and accessible interior areas or covered
exterior enclosures for the storage of trash and recyclable materialsrefuse in appropriate
containers with storage capacity for a maximum of one week,, and that trash refuse disposal
and recycling areasstructures and enclosures are located as far from abutting residences as is
reasonably possible.
(B) Requirements
(i) Refuse disposal and structures and enclosures Trash disposal and recyclable areas
shall be accessible to all residents or users of the property.
(ii) Compostable materials and recyclable materials Recycling facilities shall be located,
sized, and designed to encourage and facilitate convenient use.
150807 jb 00710649B 23
(iii) Refuse disposalTrash disposal and recyclable areas shall be screened from public
view by masonry or other opaque and durable material, and shall be enclosed and covered.
Gates or other controlled access shall be provided where feasible. Chain link enclosures are
strongly discouraged.
(iv) Refuse disposal structures and enclosures Trash disposal and recycling structures
shall be architecturally compatible with the design of the project.
(v) The design, construction and accessibility of recycling refuse disposal areas and
enclosures shall be subject to approval by the architectural review boardArchitectural Review
Board, in accordance with design guidelines adopted by that board Board and approved by the
city councilCouncil pursuant to Section 18.76.020.
SECTION 3. The Council finds that the adoption of this ordinance is not considered a
project under the California Environmental Quality Act or the CEQA Guidelines, therefore, no
environmental impact assessment is necessary.
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SECTION 4. This ordinance shall be effective on the commencement of the thirty-first
day after the date of its adoption.
150807 jb 00710649B 24