HomeMy WebLinkAboutOrdinance No. 04 (2021)- Organic Waste Disposal ReductionORDINANCE NO. 04 (2021)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.16
SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION) OF
TITLE 8 (HEALTH AND SAFETY) OF THE DIAMOND BAR CITY CODE,
IMPLEMENTING SB 1383 ORGANIC RECYCLING REGULATIONS.
The City Council of the City of Diamond Bar does ordain as follows:
SECTION I. Purpose and Findings.
The City Council of the City of Diamond Bar finds and declares as follows:
a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste
Management Act of 1989 (California Public Resources Code Section 40000, et
seq.), requires cities to reduce, reuse, and recycle (including composting) Solid
Waste generated in their jurisdictions to the maximum extent feasible before any
incineration or landfill disposal of waste, to conserve water, energy, and other
natural resources, and to protect the environment.
b) State recycling law, Assembly Bill 341 of 2011 (which amended Sections 41730,
417311 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added
Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with
Section 42649) to Part 3 of Division 30 of, and added and repealed Section
41780.02 of, the Public Resources Code), places requirements on businesses and
multi -family residential property owners that generate a specified threshold amount
of solid waste to arrange for recycling services and requires the City to implement
a mandatory commercial recycling program.
c) State organics recycling law, Assembly Bill 1826 of 2014 (which added Chapter
12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public
Resources Code), requires businesses and multi -family residential property
owners that generate a specified threshold amount of solid waste, recycling, and
organic waste per week to arrange for recycling services for that waste, requires
the City to implement a recycling program to divert organic waste from businesses
subject to the law, and requires the City to implement a mandatory commercial
organics recycling program.
d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce organics in landfills as a source of
methane. The regulations place requirements on multiple entities including the
City, residential households, businesses and business owners, commercial edible
food generators, haulers, self -haulers, food recovery organizations, and food
recovery services to support achievement of Statewide organic waste disposal
reduction targets.
e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the City
to adopt and enforce regulations to implement relevant provisions of SB 1383
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Ordinance No. 04 ( 2021)
regulations. This ordinance is adopted in compliance with the foregoing laws and
regulations.
SECTION II. Code Amendment.
Chapter 8.16 of Title 8 of the Diamond Bar City Code is amended and restated to read
as provided in Exhibit "A" attached hereto and incorporated herein by reference.
SECTION III. Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof
be declared invalid or unconstitutional.
SECTION IV. Pursuant to Government Code §36937 this Ordinance shall take
effect 30 days after adoption by the City Council. The City Clerk is directed to certify the
passage and adoption of this Ordinance: cause it to be entered into the City of Diamond
Bar's book of original ordinances; make a note of the passage and adoption in the records
of this meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED this 7th day of December, 2021.
CITY OF DIAMOND BAR:
Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the. City Council of the City
of Diamond Bar held on the 16th day of November, 2021, and was duly adopted at a
regular meeting of the City Council of the City of Diamond Bar held on the 7th day of
December, 2021, by the following vote:
AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou, M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Kri tina Santana, City Clerk
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EXHIBIT A
MUNICIPAL CODE ORDINANCE No. 04 (2021)
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CHAPTER 8.16. - SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION.
DIVISION 1. - PURPOSE AND DEFINITIONS .............................................................................................5
Sec. 8.16.010. - Purpose..........................................................................................................................5
Sec. 8.16.020. - Definitions.......................................................................................................................6
DIVISION 2. - FRANCHISES......................................................................................................................16
Sec. 8.16.030. - Franchise requirement.................................................................................................16
Sec. 8.16.040. - Franchise......................................................................................................................17
Sec. 8.16.050. - City's approval or denial...............................................................................................17
Sec. 8.16.060. - Transfers......................................................................................................................17
Sec. 8.16.070. - Franchise terms............................................................................................................18
Sec. 8.16.080. - Temporary collection services......................................................................................18
Sec. 8.16.090. - Fees.............................................................................................................................18
Sec. 8.16.100. - Interim suspension.......................................................................................................18
Sec. 8.16.110. - Franchise revocation or modification............................................................................19
Sec. 8.16.120. - Notice of hearing on revocation or modification hearing..............................................19
Sec. 8.16.130. - City Council decision....................................................................................................19
Sec. 8.16.140. - Cessation of operations................................................................................................19
DIVISION 3. - SOLID WASTE COLLECTION............................................................................................20
Sec. 8.16.150. - Collector's liability insurance........................................................................................20
Sec. 8.16.160. - Worker's compensation insurance...............................................................................20
Sec. 8.16.170. - City to be free from liability...........................................................................................20
Sec. 8.16.180. - Performance guarantees..............................................................................................20
Sec. 8.16.190. - Office for inquiries and complaints...............................................................................21
Sec. 8.16.200. - Permits and licenses....................................................................................................21
EXHIBIT A
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Sec. 8.16.210. - Responsibility for damages..........................................................................................21
Sec. 8.16.220. - City inspection authority...............................................................................................21
Sec. 8.16.230. - Collection rates.............................................................................................................22
Sec. 8.16.240. - Rate adjustments.........................................................................................................22
Sec. 8.16.250. - Fees and other charges...............................................................................................22
Sec. 8.16.260. - Billing and payment of collection rates, fees and charges...........................................23
Sec. 8.16.270. - Required monthly and annual reports..........................................................................24
Sec. 8.16.280. - Collection in emergencies............................................................................................25
Sec. 8.16.290. - Mandatory service........................................................................................................25
Sec. 8.16.300. - Holidays........................................................................................................................25
Sec. 8.16.310. - Collection service requirements...................................................................................26
Sec. 8.16.320. - Frequency of collection................................................................................................27
Sec. 8.16.330. - Hours of collection........................................................................................................27
Sec. 8.16.340. - Residential containers..................................................................................................28
Sec. 8.16.350. - Commercial containers.................................................................................................28
Sec. 8.16.360. - Care of containers........................................................................................................28
Sec. 8.16.370. - Employees of Collector................................................................................................28
Sec. 8.16.380. - Trespass.......................................................................................................................28
Sec. 8.16.390. - Noise............................................................................................................................29
Sec. 8.16.400. - Ownership....................................................................................................................29
Sec. 8.16.410. - Collection vehicle identification....................................................................................29
Sec. 8.16.420. - Operation of equipment................................................................................................29
Sec. 8.16.430. - Compliance with vehicle standards..............................................................................29
Sec. 8.16.440. - Resource recovery.......................................................................................................29
Sec. 8.16.450. - Diversion requirement..................................................................................................30
EXHIBIT A
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DIVISION 4. - LIMITED COLLECTION PERMITS......................................................................................30
Sec. 8.16.460. - Limited collection permit requirement...........................................................................30
Sec. 8.16.470. - Permit requirement.......................................................................................................30
Sec. 8.16.480. - Permit fees...................................................................................................................31
Sec. 8.16.490. - Permit terms.................................................................................................................31
Sec. 8.16.500. - Transfer of permit.........................................................................................................31
Sec. 8.16.510. - Denial of permit............................................................................................................31
Sec. 8.16.520. - Revocation, suspension, appeal..................................................................................31
Sec. 8.16.530. - Prohibited acts..............................................................................................................31
Sec. 8.16.540. - Additional permitee obligations....................................................................................31
DIVISION 5. - SOLID WASTE ACTIVITIES AND EXCLUSIONS ...............................................................32
Sec. 8.16.550. - Placement of containers for collection..........................................................................32
Sec. 8.16.560. - Prohibited acts..............................................................................................................33
Sec. 8.16.570. - Backyard residential composting..................................................................................34
Sec. 8.16.580. - Self-haulers..................................................................................................................35
Sec. 8.16.590. - Gardener's exclusion....................................................................................................35
Sec. 8.16.600. – Organic Waste Self-hauler requirements....................................................................35
Sec. 8.16.610. - Commercial recycler exclusion for source-separated recyclables...............................36
Sec. 8.16.620. – Organic Waste Waivers...............................................................................................36
Sec. 8.16.630. – Requirements for Single-family Organic Waste Generators........................................37
Sec. 8.16.640– Requirements for Commercial Businesses...................................................................38
Sec. 8.16.650. – Organic Waste Haulers...............................................................................................41
Sec. 8.16.660. – Organic Waste Facility operators................................................................................41
Sec. 8.16.670. – Organic Waste Commercial Edible Food Generators.................................................42
Sec. 8.16.680. – Food recovery organizations and services; regional agencies....................................43
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Sec. 8.16.690. – Compliance with CalGreen Recycling Requirements..................................................44
Sec. 8.16.700. – Compliance with Landscape Water Efficiency Ordinance Requirements....................45
Sec. 8.16.710. – Inspection and investigation........................................................................................46
DIVISION 6. - CONSTRUCTION AND DEMOLITION WASTE..................................................................47
Sec. 8.16.720. - Construction or demolition waste.................................................................................47
Sec. 8.16.730. - Covered projects..........................................................................................................47
Sec. 8.16.740. - Construction/demolition contractor self-haul permit.....................................................48
Sec. 8.16.750. - Deposit required for covered projects..........................................................................48
Sec. 8.16.760. - Condition precedent to issuance of building or demolition permit................................49
Sec. 8.16.770. - Revocation...................................................................................................................49
Sec. 8.16.780. - Records........................................................................................................................49
Sec. 8.16.790. - Reporting......................................................................................................................49
Sec. 8.16.800. - Monitoring responsibility of director..............................................................................49
Sec. 8.16.810. - Permitted waste............................................................................................................50
Sec. 8.16.820. - Implementing regulations.............................................................................................50
DIVISION 7. - ENFORCEMENT.................................................................................................................50
Sec. 8.16.830. - Penalty for violation of chapter.....................................................................................50
Sec. 8.16.840. - Enforcement.................................................................................................................50
Sec. 8.16.850. - City prosecutor and city attorney enforcement authority..............................................51
Sec. 8.16.860. - Civil action by authorized recycling agent....................................................................52
Sec. 8.16.870. - Removal of unauthorized Container in the public right-of-way.....................................52
EXHIBIT A
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DIVISION 1. - PURPOSE AND DEFINITIONS
Sec. 8.16.010. - Purpose.
(a) This chapter is adopted in accordance with Article XI, § 7 of the California Constitution
and the California Integrated Waste Management Act of 1989 (Public Resources Code §
40000 et seq., as amended from time to time, hereinafter “AB 939”), for the purpose of
regulating collection and disposal of solid waste and regulating recycling activities in
order to protect the public health, safety, and well-being, control the spread of vectors,
promote diversion and reduce the waste stream directed to landfills and limit sources of
air pollution, noise and traffic within the City.
(b) The City is obligated by AB 939 to implement plans for solid waste source reduction,
reuse, and recycling (including composting) to meet specified achievement milestones.
(c) State recycling law, Assembly Bill 341 of 2011 requires businesses and Multi-Family
property owners that generate a specified threshold amount of Solid Waste to arrange
for recycling services and requires jurisdictions to implement a Mandatory Commercial
Recycling program.
(d) State organics recycling law, Assembly Bill 1826 of 2014 requires businesses and Multi-
Family property owners that generate a specified threshold amount of Solid Waste,
Recycling, and Organic Waste per week to arrange for recycling services for that waste,
requires the City to implement a recycling program to divert Organic Waste from
businesses subject to the law, and requires the City to implement a Mandatory
Commercial Organics Recycling program.
(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California
Department of Resources Recycling and Recovery (CalRecycle) to develop regulations
to reduce organics in landfills as a source of methane. The regulations place
requirements on multiple entities including the City, residential households, Commercial
Businesses and business owners, Commercial Edible Food Generators, haulers, Self-
Haulers, Food Recovery Organizations, and Food Recovery Services to support
achievement of Statewide Organic Waste disposal reduction targets.
(f) SB 1383 further requires the City to adopt and enforce an ordinance to implement
relevant provisions of SB 1383 Regulations. The ordinance amending this chapter will
also help reduce food insecurity by requiring Commercial Edible Food Generators to
arrange to have the maximum amount of their Edible Food, that would otherwise be
disposed, be recovered for human consumption.
(g) Pursuant to the California Constitution, the City is authorized to enact ordinances to
protect the public health, safety, and welfare. Pursuant to Public Resources Code
Section 40059, aspects of solid waste handling of local concern include, but are not
limited to, the frequency of collection, means of collection and transportation, level of
service, charges and fees, and whether solid waste services are to be provided by
EXHIBIT A
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means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract,
license or permit, and the terms and conditions of such franchise, license or permit.
Sec. 8.16.020. - Definitions.
The following words and phrases, for the purposes of this chapter, are defined as provided
below. Certain definitions shall have the same meaning as established in AB 939, the California
Integrated Waste Management Act of 1989, as amended from time to time, and the regulations
CalRecycle codified at Title 14 of the California Code of Regulations, Division 7 (commencing
with Section 17000), as amended from time to time, which definitions shall take precedence to
be consistent with State law and regulations.
AB 939 means the California Integrated Waste Management Act of 1989, Public Resources
Code Sections 40000, et seq., as may be amended from time to time.
AB 939 administrative fee means the fee or assessment set by the City which is intended to
offset the City's expenses in administering this chapter and to compensate the City for the costs
associated with compliance with AB 939. Any fee or assessment imposed under this chapter,
shall be those which the City Council may from time to time hereafter approve by resolution.
Bin means a metal Container with hinged lids and wheels with a capacity of less than ten cubic
yards.
Blue Container means a Container where either: (a) the lid of the Container is in blue color, or
(b) the body of the Container is blue in color and the lid is either blue, gray, or black in color.
Hardware such as hinges and wheels on a Blue Container may be any color. Blue Containers
shall be used for the purpose of storage and collection of Source Separated Recyclable
Materials, which includes non-putrescible and non-hazardous recyclable wastes such as cans,
metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
Brown Container means a Container where either (a) the lid of the Container is brown in color,
or (b) the body of the Container is brown in color and the lid is either brown, gray, or black in
color. Hardware such as hinges and wheels on a Brown Container may be any color. Brown
Containers shall be used for the purpose of storage and collection of Food Waste when
additional segregation of Source Separated Organic Waste is required.
Bulky Items means solid waste that cannot typically be accommodated within the solid waste
Container at the premises including without limitation: Furniture (including chairs, sofas,
mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water
heaters, dishwashers, plumbing, small household appliances and other similar items); unusually
large amounts of yard debris and green waste and small pieces of wood; and clothing. Bulky
Items do not include car bodies, construction and demolition waste or items requiring more than
two persons to remove, or as otherwise provided in a franchise agreement. Electronic waste
may be collected as Bulky Items if provided for in a franchise agreement.
EXHIBIT A
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California Code of Regulations or CCR means the State of California Code of Regulations. CCR
references in this chapter are preceded with a number that refers to the relevant Title of the
CCR (e.g., “14 CCR” refers to Title 14 of CCR).
City means the City of Diamond Bar.
City Council or council means the City Council of the City of Diamond Bar.
City Manager or manager means the Diamond Bar City Manager or the designee of that
individual.
Collect or collection means to take physical possession, transport, and remove solid waste
within and from the City.
Collector means any solid waste enterprise that has: (1) been issued a franchise to provide solid
waste collection services in the City; or (2) been issued a limited collection permit to Collect
waste under this chapter.
Commercial Business or Commercial means a firm, partnership, proprietorship, joint-stock
company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility,
or a multifamily residential dwelling. A Multi-Family Residential Dwelling that consists of fewer
than five (5) units is not a Commercial Business for purposes of implementing this chapter.
Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial Edible Food
Generator as defined below. For the purposes of this definition, Food Recovery Organizations
and Food Recovery Services are not Commercial Edible Food Generators.
A. Tier One Commercial Edible Food Generator means a Commercial Edible Food
Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000
square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
B. Tier Two Commercial Edible Food Generator means a Commercial Edible Food
Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or
greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms.
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(3) Health facility with an on-site Food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria
facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
Commercial Premises or commercial property means all occupied real property in the City that
contains any land use allowed in the commercial/industrial zoning districts as described in
section 22.10.020 of this Code and multi-family dwellings that require commercial solid waste
containers (Bins and roll-off boxes) to accommodate the waste generated on the premises, but
shall not include property occupied by governmental agencies unless such agency consents to
its inclusion, and residential premises that require solid waste collection services using
residential solid waste containers. Assisted living facilities, convalescent homes, dormitories,
extended stay motels, hotels, motels, and any other businesses not specifically listed at which
residency is transient in nature shall be classified as commercial premises.
Community Composting means any activity that composts green material, agricultural material,
food material, and vegetative food material, alone or in combination, and the total amount of
feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750
square feet.
Compost means the product resulting from the controlled biological decomposition of organic
Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are
separated at a centralized facility.
Construction/demolition hauler means any person or entity that collects construction or
demolition waste for disposal at a facility that accepts construction and demolition waste for
reuse or recycling pursuant to a limited collection permit issued under this chapter.
Construction/demolition waste means solid waste generated at the premises that is directly
related to construction, remodeling or demolition activities occurring thereon including without
limitation, any material generally considered to be not water soluble and non-hazardous in
nature, such as steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, lumber,
rocks, soils, tree remains, trees, and other vegetative matter generated by and discarded in
conjunction with a covered construction project.
Construction permittee means any person that applies for and receives a building, grading or
demolition permit to undertake a construction, remodeling or demolition project covered within
the City.
Construction, remodeling or demolition project means any alteration to a building, structure or
landscaping that requires a building, grading or demolition permit in accordance with the
Municipal Code.
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Container means any Bin, solid waste Container, vessel, can or other receptacle used for the
temporary accumulation and collection of solid waste.
Covered construction project or covered project means any construction, remodeling or
demolition project that is not exempt pursuant to section 8.16.730 and subject to the diversion
and reporting requirements in division 6 of this chapter.
Customer means persons, including both owners and occupiers, who receive collection services
from a Collector at commercial or residential premises.
Disabled means an individual who has a physical or mental impairment that limits one or more
of that person's major life activities; anyone who is regarded as having such impairment; or
anyone who has a record of having such an impairment as the word is defined in Title 28,
Section 35.104 of the Code of Federal Regulations, as amended.
Disposal means the ultimate disposition of solid waste collected by a Collector at a landfill, or
solid waste disposal facility utilized for the ultimate disposition of solid waste or by any other
manner authorized by law, where the waste is not recycled or reused.
Divert, diverted and diversion means any combination of waste prevention, source reduction,
recycling, reuse, composting and transformation activities that reduces waste disposed at
landfills, provided such activities are recognized by the California Department of Resources,
Recovery and Recycling ("CalRecycle") as diversion in its determination of the City's diversion
rate and compliance with AB 939. The amount of transformation tonnage that will be considered
toward a diversion requirement may be limited in a franchise agreement.
Diversion requirements means the obligations imposed by or upon the City pursuant to state
law, ordinance, resolution, policy, plan or program relative to diverting from landfills all, or a
portion, of the solid waste stream generated within the City including, without limitation, state
mandates to divert a specified percentage of the solid waste generated within the City's
jurisdiction, found at Public Resources Code § 41780, as amended.
Edible Food means food intended for human consumption. For the purposes of this chapter,
Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this chapter
requires or authorizes the Recovery of Edible Food that does not meet the food safety
requirements of the California Retail Food Code.
Electronic waste (E-Waste) means any discarded electronic product, equipment, or device
including without limitation personal computers, monitors, televisions, keyboards, printers,
telephones (including cell phones), fax machines, calculators, copiers, video game systems and
audio equipment, and other items containing cathode ray tubes (CRTs), LCD or plasma screens
and monitors. E-waste also includes discarded electronic equipment with some circuitry such
as microwave ovens, stereos, VCR's, DVD players, radios, audio/visual equipment, and other
similar items not containing cathode ray tubes (CRTs). E-waste also includes universal waste.
For purposes of this chapter, E-waste shall not be considered solid waste, but may be collected
as a bulky item or through special collections, if provided for in a franchise agreement.
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Electronic waste recycler means a person authorized to recycle electronic waste as defined in
Section 42463(i) of the Public Resources Code, as amended.
Food Distributor means a company that distributes food to entities including, but not limited to,
Supermarkets and Grocery Stores.
Food Recovery means actions to Collect and distribute food for human consumption that
otherwise would be disposed.
Food Recovery Organization means an entity that engages in the collection or receipt of Edible
Food from Commercial Edible Food Generators and distributes that Edible Food to the public for
Food Recovery either directly or through other entities, including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health
and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the
Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this chapter.
Food Recovery Service means a person or entity that collects and transports Edible Food from
a Commercial Edible Food Generator to a Food Recovery Organization or other entities for
Food Recovery. A Food Recovery Service is not a Commercial Edible Food Generator for the
purposes of this chapter.
Food Service Provider means an entity primarily engaged in providing food services to
institutional, governmental, Commercial, or industrial locations of others based on contractual
arrangements with these types of organizations.
Food Waste means all of the following:
(1) Food Scraps, including all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and
eggshells. Food Scraps excludes fats, oils, and grease when such materials are
Source Separated from other Food Scraps; and
(2) Food-Soiled Paper, including compostable paper material that has come in
contact with food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons; and
(3) Compostable Plastics, including plastic materials that meet the ASTM D6400
standard for compostability.
Franchise means the right and privilege granted by the City to Collect, dispose, recycle and
divert solid waste collected within the City.
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Franchise agreement or agreement means the solid waste collection agreement entered into
between a solid waste enterprise and the City, and approved by the City Council that sets forth
all of the rights and obligations of the franchise, consistent with this chapter and state law.
Gray Container means a Container where either: (a) the lid of the Container is gray or black in
color, or (b) the body of the Container is entirely gray or black in color and the lid is gray or black
in color. Hardware such as hinges and wheels on a Gray Container may be any color. Gray
Containers shall be used for the purpose of storage and collection of Gray Container Waste.
Gray Container Waste means Solid Waste that is collected in a Gray Container that is part of a
three-Container Organic Waste collection service that prohibits the placement of Organic Waste
in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b).
Green Container means a Container where either: (a) the lid of the Container is green in color,
or (b) the body of the Container is green in color and the lid is green, gray or black in color.
Hardware such as hinges and wheels on a Gray Container may be any color. Green Containers
shall be used for the purpose of storage and collection of Source Separated Green Container
Organic Waste.
Green waste means any vegetative matter resulting from regular and routine yard and
landscaping maintenance or seasonal variations. Green waste includes plant debris, such as
tree trimmings, grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps,
flowers, plant stalks, wood and other forms of vegetative matter (not more than four inches in
diameter or 48 inches in length, unless a larger size is authorized under a franchise agreement).
Green waste processing facility means a permitted facility where green waste is sorted,
mulched or separated for the purposes of recycling, reuse or composting.
Grocery Store means a store primarily engaged in the retail sale of canned food; dry goods;
fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately
owned within the store where the food is prepared and served, including a bakery, deli, and
meat and seafood departments.
Gross receipts means any and all revenue received from customer billings, and compensation
in any form, of Collector or subsidiaries, parent companies or other affiliates of Collector, for the
collection and transportation of solid waste in the City, in accordance with generally accepted
accounting principles, including, but not limited to, customer fees for collection of solid waste,
without subtracting disposal fees, City fees or other fees or any other cost of doing business.
Gross receipts does not include revenue from the sale of recyclables.
Hazardous waste means any substance or waste materials or mixture of wastes defined as
"hazardous," a "hazardous substance" or "hazardous waste" pursuant to California Public
Resources Code § 40141, California Health and Safety Code § 25501, § 25501.1, § 25249.8
and § 25281, or identified and listed as hazardous waste by the U.S. Environmental Protection
Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §
6901, et seq.), or the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA"), (42 U.S.C. Sections 9601, et seq.), and all future amendments thereto, and all
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rules and regulations promulgated thereunder, or as otherwise defined by the EPA, the
California legislature, the CalRecycle, the Department of Toxic Substances Control or other
agency of the United States Government or the State of California empowered by law to classify
or designate waste as hazardous. If there is a conflict in the definitions employed by two or
more agencies having jurisdiction over hazardous or solid waste, the term "hazardous
substance" or "hazardous waste" shall be construed to have the broader, more encompassing
definition.
High Diversion Organic Waste Processing Facility means a facility that is in compliance with the
reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average
Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and
December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR
Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection
stream” as defined in 14 CCR Section 17402(a)(11.5).
Inspection means a site visit where the City reviews records, containers, and an entity’s
collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to
determine if the entity is complying with requirements set forth in this chapter.
Large Event means an event, including, but not limited to, a sporting event or a flea market, that
charges an admission price, or is operated by a local agency, and serves an average of more
than 2,000 individuals per day of operation of the event, at a location that includes, but is not
limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or
other open space when being used for an event.
Large Venue means a permanent venue facility that annually seats or serves an average of
more than 2,000 individuals within the grounds of the facility per day of operation of the venue
facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a
venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated
stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium,
airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other
public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7,
Chapter 12, a site under common ownership or control that includes more than one Large
Venue that is contiguous with other Large Venues in the site, is a single Large Venue.
Local Education Agency means a school district, charter school, or county office of education
that is not subject to the control of City or county regulations related to Solid Waste.
Mixed Waste Organic Collection Stream or Mixed Waste means Organic Waste collected in a
Container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a
High Diversion Organic Waste Processing Facility.
Multi-Family Residential Dwelling or Multi-Family means of, from, or pertaining to residential
premises with five (5) or more dwelling units. Multi-Family premises do not include hotels,
motels, or other transient occupancy facilities, which are considered Commercial Businesses.
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Notice means notice sent by first-class certified mail, facsimile or email delivery if agreed to by
the parties under a franchise agreement.
Non-Organic Recyclables means non-putrescible and non-hazardous recyclable wastes
including but not limited to bottles, cans, metals, plastics and glass.
Organic Waste means Solid Wastes containing material originated from living organisms and
their metabolic waste products, including but not limited to food, green material, landscape and
pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing
paper, manure, biosolids, digestate, and sludges.
Organic Waste Generator means a person or entity that is responsible for the initial creation of
Organic Waste.
Person includes, without limitation, any individual, firm, co-partnership, general partnership,
limited partnership, joint venture, association, entity, corporation or any other group or
combination thereof acting as a unit.
Premises means any land, or building in City where solid waste is generated or accumulated.
Prohibited Container Contaminants means the following: (i) discarded materials placed in the
Blue Container that are not identified as acceptable Source Separated Recyclable Materials for
the Blue Container; (ii) discarded materials placed in the Green Container that are not identified
as acceptable Source Separated Green Container Organic Waste for the Green Container; (iii)
discarded materials placed in the Brown Container that are not identified as acceptable Source
Separated Food Waste for the Brown Container; (iv) discarded materials placed in the Gray
Container that are acceptable Source Separated Recyclable Materials and/or Source Separated
Green Container Organic Wastes to be placed in the Blue Container, Green Container, and/or
Brown Container; and, (iv) Excluded Waste placed in any Container.
Public Works Director or director means the Diamond Bar Public Works Director or the designee
of that individual.
Recovery or Organic Waste Recovery means any activity or process described in 14 CCR
Section 18983.1(b).
Recyclable materials or recyclables means source separated materials that are intended for
recycling and/or capable of being recycled. For the purpose of collection of recyclable materials
through a Collector, recyclable materials shall be limited to those materials identified in the
Collector’s contract with the City as acceptable recyclable materials.
Recycling means the processing of recyclable materials for the purpose of returning them to the
economy in the form of raw materials for new, reused, or reconstituted products. The collection,
transportation or disposal of solid waste not intended for, or capable of, reuse is not recycling.
Recycling includes the activities of an electronic waste recycler and a green waste processing
facility.
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Remote Monitoring means the use of the internet of things (IoT) and/or wireless electronic
devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for
purposes of identifying the quantity of materials in containers (level of fill) and/or presence of
Prohibited Container Contaminants.
Residential premises or residential property means premises upon which dwelling units exist,
including, without limitation, single-family dwellings, multi-family dwellings requiring residential
solid waste containers to accommodate the waste generated on the premises, apartments,
boarding or rooming houses, condominiums, mobile homes, efficiency apartments, second
units, and group homes on residential premises (as that term is defined in title 22 of this Code).
Notwithstanding any provision to the contrary herein, in the Diamond Bar Municipal Code, or
otherwise, for purposes of this chapter, premises upon which the following uses are occurring
shall not be deemed to be residential premises, and rather shall be deemed to be commercial
premises: Assisted living facilities, convalescent homes, dormitories, extended stay motels,
hotels, motels, and any other businesses not specifically listed at which residency is transient in
nature and hence should be classified as commercial premises as determined by City on a case
by case basis.
Restaurant means an establishment primarily engaged in the retail sale of food and drinks for
on-premises or immediate consumption.
Roll-off box means solid waste collection containers of ten cubic yards or larger.
Self-Hauler means a person, who hauls Solid Waste, Organic Waste or recyclable material he
or she has generated to another person. Self-hauler also includes a person who back-hauls
waste. Back-haul means generating and transporting Organic Waste to a destination owned and
operated by the generator using the generator’s own employees and equipment.
Senior citizen means a person 60 years of age or older who is the head of household and
receives collection services at his or her personal residence.
Single-Family means of, from, or pertaining to any residential premises with fewer than five (5)
units.
Solid Waste has the same meaning as defined in State Public Resources Code Section 40191,
which defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous
waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and
semisolid wastes, with the exception that Solid Waste does not include any of the following
wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
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(2) Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the
State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act
(Part 14 (commencing with Section 117600) of Division 104 of the State Health
and Safety Code). Untreated medical waste shall not be disposed of in a Solid
Waste landfill, as defined in State Public Resources Code Section 40195.1.
Medical waste that has been treated and deemed to be Solid Waste shall be
regulated pursuant to Division 30 of the State Public Resources Code.
(4) Abandoned vehicles or parts thereof.
Solid waste collection services or collection services means the collection, transportation,
storage, transfer, disposal, diversion or processing of solid waste by a Collector.
Solid waste enterprise means any person, partnership, joint venture, unincorporated private
organization or private corporation regularly engaged in the business of providing solid waste
collection services.
Source Separated means materials, including commingled recyclable materials, that have been
separated or kept separate from the Solid Waste stream, at the point of generation, for the
purpose of additional sorting or processing those materials for recycling or reuse in order to
return them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products, which meet the quality standards necessary to be used in the
marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this
chapter, Source Separated shall include separation of materials by the generator, property
owner, property owner’s employee, property manager, or property manager’s employee into
different containers for the purpose of collection such that Source Separated materials are
separated from Gray Container Waste/Mixed Waste or other Solid Waste for the purposes of
collection and processing.
Source Separated Green Container Organic Waste means Source Separated Organic Waste
that can be placed in a Green Container that is specifically intended for the separate collection
of Organic Waste by the generator, excluding carpets, Non-Compostable Paper, and textiles.
Source Separated Recyclable Materials means Source Separated Non-Organic Recyclables.
SRRE means the source reduction and recycling element of the integrated waste management
document for the City prepared and updated pursuant to the California Public Resources Code.
State means the State of California.
Supermarket means a full-line, self-service retail store with gross annual sales of two million
dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood
items and some perishable items.
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Tonnage report includes a tonnage form or a copy of such form prepared by a Collector or an
officer or agent of a Collector. Tonnage reports shall also include necessary information to verify
the report or supplied information.
Transportation or transporting means the process of moving solid waste or recyclables through
the City.
Universal waste means those discarded wastes listed in Title 22, Section 66261.9 of the
California Code of Regulations, and includes fluorescent lamps and bulbs, cathode ray tubes,
non-empty aerosol cans, instruments and switches that contain mercury, dry cell batteries and
batteries containing cadmium copper or mercury.
Waste disposal facility or facility means any landfill, transfer station, incinerator, land
reclamation project, or other similar site or facility which is used or intended to be used for the
transfer, consolidation, processing or disposal of solid waste.
Weight tickets/invoices means receipts provided by a waste disposal or recycling facility
reflecting the net amount of solid waste disposed of by a Collector at a collection location.
Wholesale Food Vendor means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables) is received, shipped,
stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
DIVISION 2. - FRANCHISES
Sec. 8.16.030. - Franchise requirement.
(a) The City Council may authorize, by franchise, a solid waste enterprise to provide solid
waste collection services for customers at residential and commercial premises. In the sole
discretion of the City Council, the collection services may be authorized on an exclusive or
nonexclusive basis, with or without competitive bidding, and may relate to any class or type of
solid waste within all or any part of the territory of the City.
(b) Except as otherwise provided for in this chapter, no person shall Collect and/or dispose of
solid waste in the City without having first been awarded a solid waste collection franchise and
entered into a franchise agreement with the City. All such collectors shall comply with all of the
requirements of this chapter. The City retains the rights and power that it has under applicable
laws and nothing in a franchise agreement may be construed to waive any of the City's
governmental rights or police powers.
Sec. 8.16.040. - Franchise.
(a) The nature, scope of services, party obligations and restrictions, term and duration of the
franchise shall be set forth in a franchise agreement entered into between a Collector and City,
and the agreement may also include any requirements, conditions, policies and procedures as
may be mutually agreed upon by the parties to the franchise agreement and which will, in the
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judgment and discretion of the City Council, best serve the public interest and protect the public
health, safety and welfare.
(b) The City and Collector may mutually agree to extend the franchise term on such terms
and rates as the parties may agree. Nothing contained in this chapter shall obligate the City to
extend the term of any franchise.
Sec. 8.16.050. - City's approval or denial.
(a) If the City Council finds that it is in the public interest to issue a solid waste franchise, the
City Council may approve a franchise and the corresponding agreement, and the applicant shall
be entitled to exercise all of the franchise rights provided for therein upon its written acceptance
of the terms and conditions in the agreement.
(b) No solid waste enterprise shall be awarded a franchise for the collection of solid waste
unless the enterprise successfully demonstrates it has sufficient equipment available to meet
the dates and times of regularly scheduled pick-ups without interruption due to equipment
failure. This requirement shall be maintained throughout the term of any franchise agreement.
The City may also require that collection vehicles be liquefied natural gas (LNG), compressed
natural gas (CNG) vehicles, or other available low-emission technology.
Sec. 8.16.060. - Transfers.
Except as otherwise set forth in a franchise agreement, any assignment or transfer of the
franchise without the City's prior written approval is ineffective, will make a solid waste franchise
subject to revocation and to any other remedies available under this chapter, and will be
considered to impair the City's assurance of due performance. The granting of approval for a
transfer in one instance will not render unnecessary approval of any subsequent transfer. This
restriction includes the sale of the franchise, relinquishment of the franchise or transfer of
ownership of the franchise or the conveyance of the Collector's stock to a new controlling
interest. The City may, in its discretion, require a transfer fee, in an amount set forth in the
franchise agreement.
Sec. 8.16.070. - Franchise terms.
Any franchise awarded pursuant to this chapter shall be for an initial term of not more than ten
years, with the possibility of renewal at the option of the City Council.
Sec. 8.16.080. - Temporary collection services.
The City Manager may enter into a temporary agreement for solid waste collection services with
a different solid waste enterprise during any period of time that:
(1) A franchise has been suspended under the provisions of this chapter;
(2) A franchise has been terminated, until such time as a new franchise with a different solid
waste enterprise can be negotiated and approved by the City Council; or
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(3) The Collector refuses or is unable to Collect solid waste, provided such arrangement is
agreed to in the franchise agreement.
Sec. 8.16.090. - Fees.
(a) The City may in its discretion, and as set forth in a franchise agreement, Collect from a
Collector a franchise fee for the privilege of operating a solid waste collection service within the
City, and any other fee related to the solid waste collection services allowed under law, the
agreement or this Code.
(b) A franchise fee is not a payment in lieu of any tax, fee, or other assessment of general
applicability.
Sec. 8.16.100. - Interim suspension.
(a) The City Manager, without a hearing, may suspend a franchise for not more than 45
calendar days, if the manager finds that continued operation by a Collector will constitute an
immediate threat to the public health, safety or general welfare of the City, due to a default in
the franchise agreement, or for inability to perform pursuant to the terms of the franchise
agreement. The City Manager shall provide any required notice of a proposed suspension and
an opportunity to cure a default as may be provided for in the franchise agreement, as
applicable. If the Collector fails to cure or if time to cure is not required under the agreement, the
City Manager shall provide written notice of interim suspension to the Collector setting forth the
grounds for the suspension. The interim suspension will go into effect immediately upon delivery
of the written notice to a Collector.
(b) A Collector may appeal the interim suspension to the City Council, provided a written
appeal is submitted to manager within five calendar days after notice of interim suspension has
been sent to the Collector. Appeals shall include a general statement specifying the basis for
the appeal and the specific aspect of the manager's ruling being appealed.
(c) The interim suspension shall remain in effect during the processing of the appeal to the
council.
(d) The City Council shall hold a hearing on the appeal. Notice of such hearing shall be sent
to a Collector not less than ten calendar days prior to the hearing. The City Council may affirm
the action of the manager, refer the matter back to the manager for further consideration, or
overturn the decision of the City Manager. The council may terminate the interim suspension or
extend the period of the interim suspension and/or may initiate proceedings for revocation of the
franchise. The council shall base its action upon the standards delineated in subsection (a)
above and section 8.16.110 below.
Sec. 8.16.110. - Franchise revocation or modification.
(a) After a hearing, the City Council may revoke; modify the rights, obligations and conditions
of a franchise; or impose a penalty on the Collector in an amount provided for in the franchise
agreement if a Collector has violated any provision of this chapter, the franchise agreement or
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any other applicable law, ordinance, or regulation related to the collection services provided in
the City.
(b) It is unlawful for any person or solid waste enterprise to operate under a franchise that has
been revoked or suspended.
Sec. 8.16.120. - Notice of hearing on revocation or modification hearing.
The City shall serve a written notice of the City Council franchise revocation or modification
hearing on a Collector not less than 15 calendar days prior to such hearing.
Sec. 8.16.130. - City Council decision.
The City shall serve written notice to a Collector of the City Council's ruling and such notification
shall be made within ten calendar days of the hearing. The notice of ruling shall include, without
limitation, the effective date of any revocation, modification or penalty. The decision of the City
Council shall be final.
Sec. 8.16.140. - Cessation of operations.
Upon revocation of a franchise by the council, a Collector shall cease operations in the City
within the period of time determined by the council but in no event shall the Collector operate for
more than 45 calendar days after notice of revocation.
DIVISION 3. - SOLID WASTE COLLECTION
Sec. 8.16.150. - Collector's liability insurance.
(a) A Collector must obtain comprehensive general and automobile liability insurance
acceptable to the City attorney insuring a Collector against death, bodily injury, property
damage and automobile liability arising out of or in any way connected with the Collector's
activities. The insurance shall be in an amount set forth in the franchise agreement, name the
City of Diamond Bar and its officers, employees and agents as additional insureds, and state
that it shall not be canceled or modified without first giving to City written notice as provided in
the franchise agreement. Such insurance shall be primary and noncontributing with respect to
any other insurance available to the City and will include a cross-liability clause requiring the
insurer to protect each insured separately. A copy of the policy or certificate of insurance along
with all necessary endorsements, in a form approved by the City attorney, shall be filed with the
City Manager before the hauler is authorized to Collect or otherwise transport solid waste under
the franchise.
(b) Suspension, cancellation, or termination of the insurance by the provider without obtaining
substitute insurance meeting the requirements of subsection (a) above shall be grounds for
immediate suspension of the franchise until new insurance is provided, and a Collector shall be
liable to the City for any and all damages suffered by the City arising out of such suspension,
cancellation or termination.
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Sec. 8.16.160. - Worker's compensation insurance.
A Collector shall at all times provide, at its own expense, workers' compensation insurance
coverage for all of its employees as required under state law and shall file and maintain a
certificate with the manager showing said insurance to be in full force and effect.
Sec. 8.16.170. - City to be free from liability.
Every franchise agreement and limited collection permit shall include an indemnification
provision whereby the franchisee or permitee agrees to indemnify the City against liability from
claims that arise out of the solid waste collection services.
Sec. 8.16.180. - Performance guarantees.
(a) The City may require a Collector to file a surety bond, letter of credit, and/or a certificate of
deposit prior to the effective date of the franchise to guarantee the faithful compliance with this
chapter and the franchise agreement. Such bond, letter of credit or certificate shall remain in
force during the life of the agreement and all renewals thereof.
(b) In the event of suspension, cancellation, or termination of the bond, letter of credit or
certificate by the issuer, the franchise shall be immediately suspended until a new guarantee
mechanism is provided to the satisfaction of the City Manager, and a Collector shall be liable to
the City for any and all damages suffered by the City arising out of such suspension,
cancellation or termination.
Sec. 8.16.190. - Office for inquiries and complaints.
A Collector shall maintain an office at some fixed location and shall maintain a telephone line at
the office, listed in the current telephone directory and online at the Collector's website, in the
firm name by which it conducts business in the City, and shall, during the days and times
provided for in the franchise agreement, have an employee or agent at said office to answer
inquiries and receive complaints. In addition, inquiries and complaints may also be handled by
email if provided for in the franchise agreement.
Sec. 8.16.200. - Permits and licenses.
A Collector shall obtain all applicable permits and licenses required by any federal, state or local
agency.
Sec. 8.16.210. - Responsibility for damages.
(a) Any Collector, or person providing solid waste collection services or operating a solid
waste enterprise in the City shall be responsible for damages caused as a result of its acts or
omissions including, without limitation, injuries or death to any person or damage to public or
private property.
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(b) Except as provided in the franchise agreement for normal wear and tear, a Collector shall
be responsible, at the Collector's sole expense, for any physical damage to private or public
property caused by the negligent or willful acts or omissions of Collector's employees, agents,
volunteers, or other individuals providing the services set forth in the franchise.
Sec. 8.16.220. - City inspection authority.
To the extent required by law and as set forth in a franchise agreement, any Collector providing
collection services or operating a solid waste enterprise in the City shall keep and maintain
books of account, income statements, tonnage reports, weight tickets, customer lists, billing
records, maps, AB 939 compliance records, and customer complaints and other like materials
and documents of the Collector which relate to the Collector's compliance with the provisions of
this chapter or relate in any way to business transactions conducted by the person in the City
during the entire term, including renewals, of the agreement and for a period of at least five
years after said service was provided, or for any longer period required by law or the franchise
agreement. Any Collector shall make these records and documents available to the City upon
request upon five business days' written notice. Such records shall be made available to the
City at the Collector's regular place of business, either within the Los Angeles County limits or
within 20 miles of Diamond Bar City Hall if outside Los Angeles County, or by delivering such
records to Diamond Bar City Hall.
Sec. 8.16.230. - Collection rates.
(a) A charge for the collection of solid waste shall be imposed on each customer to whom
collection service is made available. The maximum rate and any adjustments thereto shall be
agreed upon by the Collector and the City in the agreement and in accordance with any
applicable provisions of state law. The charge so fixed shall be a civil debt due and owing to
Collector from the customer of the premises to which the collection service is made available.
(b) For residential premises, the maximum rate shall be developed in compliance with
applicable state law, assuming standard containers of 64-gallon capacity. Different size
containers may be supplied upon customer request, and a maximum monthly rate shall also be
established that accounts for the size differential.
(c) A Collector shall offer a reduction in collection rates to any senior citizen and any disabled
customer of a residential premises who receives collection services at his or her personal
residence. This discount is applicable to all services rendered by the Collector and the amount
of the reduction shall be as specified in the franchise agreement.
Sec. 8.16.240. - Rate adjustments.
A Collector shall provide each customer, at least 60 days in advance of the beginning of a billing
period, written notice of the implementation of changes in any of its rates and charges. All rate
adjustments shall be made in accordance with the agreement and any applicable provisions of
state law or this Code.
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Sec. 8.16.250. - Fees and other charges.
(a) Except as otherwise provided by federal, state or local laws, this chapter or other City
Council authorized restrictions, all fees and charges applicable to this chapter shall be
established by City Council resolution.
(b) Pursuant to Public Resources Code §§ 41900 et seq., as amended, the City may levy fees
upon collectors and customers for planning and program development and administration
regarding solid and household hazardous waste, recyclable materials and/or green waste
planning, and for access to collection service, for collection service, inspection, auditing, transfer
and disposal and the planning for and response to releases and spills of solid wastes which
have the characteristics of hazardous wastes. Such fees may include charges for the use of
waste disposal facilities and may include costs of preparing and implementing source reduction
and recycling elements, household hazardous waste elements and integrated waste
management plans. The City may collect such charges by such means as determined by City
Council resolution or ordinance.
(c) Pursuant to Public Resources Code § 41902, the City may directly assess any fees or may
by agreement, arrange for any fees upon the customers to be collected by a Collector under this
chapter. Any applicable fee established pursuant to this chapter shall be payable by the
Collector to the City 30 calendar days after the close of each quarter of the Collector's fiscal
year, or such other times as may be set forth in the franchise agreement. The Collector shall
pay or collect, as the case may be, an AB 939 administrative fee, as may be established in
accordance with state law.
Sec. 8.16.260. - Billing and payment of collection rates, fees and charges.
Billing and payment procedures are as follows:
(a) A Collector shall bill all customers for all services rendered, whether regular or special
services. The Collector shall provide itemized bills, distinctly showing charges for all
classifications of services, including, but not limited to, the charges for late payment, redelivery
fees, charges for additional containers, reductions and other special services covered under this
chapter.
(b) The City may, at the City's sole option, collect fees for residential collection services
through a parcel charge by causing fees to be placed on the Los Angeles County Tax Rolls
through procedures established by the Los Angeles County Tax Collector. Should the City
institute a parcel charge, the Collector shall be paid for each residential unit or premises served
according to a payment schedule as set forth by a separate resolution of the City Council.
(c) Notwithstanding any other provision of this chapter, the City Council, in its sole discretion,
may collect delinquent fees owed pursuant to this chapter by placement of the fees on the
property tax rolls, pursuant to the provisions of this section. The City Council, in its sole
discretion, may collect delinquent fees pursuant to this section from all property owners, or only
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from residential premises, and/or commercial premises. Should the City Council elect to apply
the provisions of this section, the following procedures shall be followed:
(1) Any customer who, as of June 1 of any given year, is delinquent as to any charges
or penalties due as of March 31 of that same year, shall be mailed written notification
that the City Council will review all such delinquent accounts during a public hearing and
determine whether to forward the delinquent accounts to the county auditor on August 1
to be included as an additional assessment for the respective affected parcel on the
county property tax rolls. At the time of such written notification, a penalty shall be added
to the delinquent account to cover the administrative costs of such procedure. Any
owner whose property is so affected shall have the right to appear before the council
when it deliberates on the matter.
(2) The City Council shall consider the matter at a public hearing.
(3) The council may also consider at the hearing requests for waivers or adjustments
of the delinquent charges or penalties. Requests for such waivers or adjustments shall
be considered only if timely made, and if accompanied by sufficient information and
documentation to permit the director of finance to make a determination of whether
cause exists to justify a waiver or adjustment. The council may determine that the fees
or penalties owed by any property owner should be waived or adjusted, for any of the
following reasons:
(a) Property ownership change.
(b) Vacant units not requiring service.
(c) Demolition of units during a service quarter.
(d) Condemnation actions against the property.
(e) Incorrect mailing address.
(f) Incorrect ownership information.
(g) Other similar conditions and reasons creating circumstances beyond the
reasonable control of the property owner.
(4) The county auditor shall enter each assessment on the county tax roll for the
parcel of land affected. The amount of the assessment shall be collected at the time and
in the manner of ordinary municipal taxes. If delinquent, the amount shall be subject to
the same penalties and procedures of foreclosure and sale provided for ordinary
municipal taxes. As an alternative method, the county tax collector, in his discretion, may
collect the assessments without reference to the general taxes, by issuing separate bills
and receipts for the assessments. Laws relating to the levy, collection and enforcement
of county taxes shall apply to such special assessment fees.
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Sec. 8.16.270. - Required monthly and annual reports.
(a) A Collector shall provide the City separate monthly and annual tonnage and information
reports in an amount, form and on dates set forth in the franchise agreement.
(b) The Collector shall provide the City two copies of all reports, or other material adversely
affecting the Collector's status under this chapter, including, but not limited to, reports submitted
by the Collector to the Environmental Protection Agency, CalRecycle, or any other federal or
state agency. Copies shall be submitted to City simultaneously with the Collector's, filing of such
matters with such agencies.
(c) The Collector shall submit to the City copies of all notices of lawsuits, applications,
notifications, communications and documents of any kind, submitted by the Collector to, as well
as copies of all decisions, correspondence and actions by, any federal, state and local courts,
regulatory agencies and other government bodies relating specifically to the Collector's
performance of services pursuant to this chapter. Any confidential data exempt from public
disclosure shall be retained in confidence by the City to the extent permitted by law.
(d) All reports and records required under this or any other section of this Code, the
agreement or state or federal law shall be furnished at the sole expense of the Collector.
Sec. 8.16.280. - Collection in emergencies.
Except as otherwise provided in the force majeure provisions of a franchise agreement, in the
event that the collection, transportation and/or disposal services of a Collector are temporarily
interrupted or discontinued due to riots, wars, civil disturbances, explosion, natural disasters
such as floods, earthquakes, landslides and fires, strikes, lockouts and other labor disturbances
or other catastrophic events which are beyond the reasonable control of a Collector, for a period
of more than 72 hours, and if as a result thereof, solid waste should accumulate in the City to
such an extent, in such a manner, or for such a time that the City Manager should find that such
accumulation endangers or menaces the public health, safety or welfare, the City shall have the
right, upon 24-hour prior written notice to a Collector, during the period of such emergency, to
issue limited permits to private persons, corporations or other solid waste enterprises to perform
any of the services regulated by this chapter.
Sec. 8.16.290. - Mandatory service.
Except as otherwise provided in this chapter:
(a) All solid waste collected from residential or commercial premises for a fee, service charge
or other consideration, shall be collected by a solid waste enterprise under the provisions of a
franchise awarded by the City Council.
(b) No person shall Collect any solid waste from any commercial premises or residential
premises within the City, place a Container, or other receptacle for solid waste at any premises
within the City, or Collect, transfer, or remove solid waste within the City, unless that person
holds a franchise or limited collection permit from the City for such collection or Container
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placement. Each day any person shall engage in these activities without holding a franchise or
limited collection permit from the City for doing so shall constitute a separate offense.
(c) Each residential and commercial property owner and occupant in the City shall, at all times
utilize the services of a Collector and pay the rates approved by the City Council for the regular
and routine collection of solid waste from such premises and shall, at all times comply with City
policies and programs with regard to solid waste recovery, reduction and recycling. No customer
shall enter into an agreement for solid waste collection services with any person or solid waste
enterprise except as otherwise provided in this chapter. Regular and routine solid waste
collection services means the collection of everyday solid waste generated on the premises and
does not include special collections governed under section 8.16.550(f), permitted self-hauling,
donation of recyclables, and construction/demolition waste activities.
Sec. 8.16.300. - Holidays.
If the day of collection on any given route falls on a holiday observed by the City or waste
disposal facility to which waste or recyclables collected within the City are taken for disposal, the
Collector shall provide collection service for such route on the next workday following such
holiday and the collection days for the remainder of that week shall all be postponed one
collection day, unless otherwise provided in the agreement or this chapter. The following
holidays will be observed: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day, and any other day designated as such in a contract
between a Collector and the labor union serving as the exclusive representative of that
Collector's employees, provided the holiday is established or recognized by resolution of the
City Council or in an agreement between the City and a Collector.
Sec. 8.16.310. - Collection service requirements.
A franchised Collector shall provide the following specific services as described in subsections
(a) through (i) of this section. These services shall be in addition to any requirements,
conditions, policies and procedures as may be established by resolution of the City Council from
time to time hereafter or in an agreement. In the event that the City grants more than one
franchise, the following services may be allocated amongst all of the collectors.
(a) A Collector, at the Collector's sole expense, shall prepare and implement a multilingual
public education and information program. This program shall, at a minimum: Familiarize
residents, property managers, business owners/managers, and designated institutional
representatives with essential waste reduction and recycling concepts, explain the benefits of
recycling and composting (if applicable), and explain the purpose and the manner of the City's
recycling, green waste services, composting, organic waste recycling, and disposal and
recycling for electronic waste.
(b) Collectors shall Collect, transport and recycle as mulch all holiday trees that are placed at
the curbside, from residential premises within the City during the period beginning on the first
Monday following Christmas and ending on the third Monday in January, or such other period as
may be agreed to in the franchise agreement.
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(c) A Collector at the Collector's sole expense shall provide, at a minimum, four free curbside
collections of Bulky Items per year to all residential premises, either on days of the month
selected by the Public Works Director, or on-call, as agreed to in the franchise agreement. The
size and weight restrictions may be set forth in the franchise agreement, and if the agreement is
silent, there shall be no such restrictions except that the Collector shall not be required to
remove automobile bodies, materials brought in from other areas or any other items which may
not be safely handled by two persons. Collector shall make a good faith effort to reuse or
recycle Bulky Items and shall only dispose of these items if necessary. E-waste shall only be
disposed of in appropriate facilities, capable of handling the waste in a manner required by law.
(d) A Collector, at the City's sole option, shall provide upon request solid waste collection and
recycling services to all public facilities (i.e., city hall, City parks, etc.) at no charge to the City.
(e) A Collector shall, at no additional charge, provide on-demand collection of illegally
dumped bulky goods within one business day of the City's request, unless a different time is set
forth in the franchise agreement. If the City issues more than one franchise, the collectors may
provide this service according to a rotational schedule established by the Public Works Director.
(f) A Collector shall, at no additional charge, provide containers suitable to store all necessary
supplies and equipment that may be needed in the event of a disaster to the City and all public
schools within the City. The size, location and number of containers shall be determined in the
franchise agreement.
(g) A Collector for residential premises shall provide, at a customer's request and at no
additional charge, manual carryout collection service to any disabled occupant of a single-family
unit who is not able to place his or her containers at the curb due to a physical disability.
(h) All collectors shall provide recyclable materials collection services. These services shall be
conducted as specified in the franchise agreement. A Collector shall report to the City and
maintain disposal and diversion records. Nothing in this chapter shall limit the right of any
person to donate, sell, or otherwise dispose of his or her recyclable materials.
(i) A Collector shall implement an organic waste and green waste collection program for all
residential and commercial premises. Organic and green waste shall be placed for collection in
the manner set forth in this chapter and in an agreement.
Sec. 8.16.320. - Frequency of collection.
(a) A Collector shall Collect and dispose of all solid waste placed for collection in compliance
with this chapter from each customer at least once during each calendar week, or more
frequently if required to handle the waste stream of the premises. Routes of collection shall be
so arranged that collection from any premises will be made on the same days of each week. A
Collector shall possess a sufficient number of vehicles including spares to maintain the
collection schedule at all times.
(b) A Collector shall submit to City its proposed collection schedule for the ensuing calendar
year. The franchise agreement shall set forth the time and frequency for submitting the
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schedule. The schedule shall indicate all regularly scheduled collection days which fall on a
holiday and the collection day for which it is proposed to be substituted (if any) so as to ensure
that collection shall takes place once each week. Upon approval by the City Manager, Collector
shall cause to be mailed a written notice to all customers of such schedule not later than
December 31 of each year. In his or her discretion, the City Manager may mail out the annual
notice to all customers, at the expense of the Collector.
Sec. 8.16.330. - Hours of collection.
(a) No collection, or delivery or removal of containers, shall be made between the hours of
6:30 p.m. and 6:30 a.m. Monday through Friday or at any time on Saturday and Sunday, except
that if agreed to in a franchise agreement, Saturday collection may be permitted during holiday
weeks for residential premises, and as a regular collection day for commercial premises. The
Public Works Director may require a Collector to change hours of operation if it is determined
that the operations have a detrimental effect upon the peace and quiet of residential
neighborhoods.
(b) In order to prevent problems of traffic, noise, wear and tear to public highways, or other
problems having the potential to adversely affect the health, safety, and the general quality of
life of the community, the City Council may by resolution regulate the routes, intervals, delivery
points, and days for collection by collectors operating within the City.
(c) The City Manager may temporarily waive the requirements of this section when
necessitated by conditions beyond the control of the Collector.
Sec. 8.16.340. - Residential containers.
At the Collector's own expense, a Collector shall provide each residential premises for which it
is authorized to Collect at least one Container each for the collection of: (1) solid waste, (2)
recyclables and (3) organic and green waste, other than oversized branches or tree limbs. All
containers shall be constructed of metal, hard rubber or plastic and have wheels and a tight-
fitting lid. Containers shall not permit the contents thereof to sift or pass through any opening
therein other than the top, shall be maintained in a safe and sanitary condition by the customer
and shall not contain any rough or jagged surfaces. Additional loads placed out for collection
may be permitted to the extent such loads are authorized in the applicable franchise agreement.
Sec. 8.16.350. - Commercial containers.
(a) A Collector shall provide containers suitable to each commercial premises for which it is
authorized to Collect solid waste and recyclables, including organic and green waste.
(b) All containers shall be constructed of durable metal or plastic and have wheels and a tight-
fitting lid that shall be kept closed at all times. Containers shall not permit the contents thereof to
sift or pass through any opening therein other than the top, shall be maintained in a safe and
sanitary condition by the customer and shall not contain any rough or jagged surfaces. The use
of oil drums of 50-gallon capacity or more is specifically prohibited.
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Sec. 8.16.360. - Care of containers.
Collector's agents and employees shall handle all containers with care.
Sec. 8.16.370. - Employees of Collector.
All Collector's field employees shall wear name tags or uniforms to enable identification while
providing service to the public.
Sec. 8.16.380. - Trespass.
No person authorized to Collect solid waste shall enter on private property beyond the extent
necessary to Collect the solid waste properly placed for collection.
Sec. 8.16.390. - Noise.
A Collector shall conduct its operations as to create the least possible obstruction and
inconvenience to public traffic, and disruption to the existing noise levels in the area within
which collections are made.
Sec. 8.16.400. - Ownership.
At such time as solid waste is placed for collection at the usual place of collection, the solid
waste is the property of a Collector.
Sec. 8.16.410. - Collection vehicle identification.
Except as otherwise provided in this chapter, no solid waste enterprise may operate any vehicle
for the collection of solid waste in the City unless the owner of the vehicle is a Collector as that
term is defined in section 8.16.020.
Sec. 8.16.420. - Operation of equipment.
A Collector shall operate all equipment in compliance with all federal, state and local laws.
Collection vehicles shall not be operated in a manner that results in undue interference with
normal traffic flows or violation of any traffic laws. Collection vehicles, whether loaded or
unloaded, shall not be parked, or left unattended on any street in the City.
Sec. 8.16.430. - Compliance with vehicle standards.
Any vehicle used in the collection of solid waste in the City shall, at all times, be maintained in
accordance with all the standards set forth in the franchise agreement, this Code, or any other
applicable law. The use of a vehicle that fails to comply with each of the standards is prohibited.
A Collector shall immediately remove any vehicle from collection service that fails, at any time,
to conform to any of the standards recited in the agreement or this Code and shall not use that
vehicle until it is repaired or comes into compliance. Should the City Manager give notification at
any time to a Collector that any of its vehicles are not in compliance with the standards of this
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chapter or the agreement, the vehicle shall be immediately removed from service in the City by
the Collector. The vehicle shall not again be utilized in the City until the Collector successfully
demonstrates to the manager that the vehicle is in compliance with the requirements of the
agreement and this Code. A Collector shall maintain its regular collection schedule regardless of
the repair of any vehicle.
Sec. 8.16.440. - Resource recovery.
A Collector shall, at all times, comply with City policies and programs regarding solid waste
recovery, reduction and recycling, including the City's source reduction and recycling element.
Such policies and programs may be established by resolution of the City Council. Compliance
with such policies and programs shall be a condition of any franchise issued pursuant to this
chapter.
Sec. 8.16.450. - Diversion requirement.
A Collector shall not deposit at any landfill more solid waste than the percentage designated in
the franchise agreement. That percentage of solid waste shall be diverted from landfills through
reduction, recycling and composting activities. Through implementation of the franchise
agreement, a Collector shall assist the City in meeting its diversion obligations under Public
Resources Code § 41780, as amended, to the greatest extent practicable, as well as new
recycling and diversion requirements imposed by the State, including AB 341 (2011) requiring
mandatory commercial solid waste recycling programs, AB 1826 (2014) requiring mandatory
organic waste recycling programs, AB 1594 (2014) eliminating diversion credits for green waste
as alternative daily cover at landfills, and SB 1383 (2016) and implementing CalRecycle
regulations requiring residential organic waste recycling programs to reduce short-lived climate
pollutants. Activities deemed in contravention of that goal shall be a violation of this section.
DIVISION 4. - LIMITED COLLECTION PERMITS
Sec. 8.16.460. - Limited collection permit requirement.
No person, other than a franchisee, permitted self-hauler or commercial recycler, shall Collect
solid waste in the City without having first been issued a limited collection permit. Such permit
shall be in addition to any business license or permit otherwise required by the City. The Public
Works Director is authorized to promulgate administrative policies and procedures for issuing
such permits.
This division 4 shall not apply to the self-haul of construction and demolition wastes, which are
governed by division 6 of this chapter entitled "construction and demolition waste."
Sec. 8.16.470. - Permit requirement.
Applications shall include, but not be limited to:
(a) Name of applicant.
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(b) Business address, and addresses where all vehicles will be stored.
(c) A description of each vehicle and other equipment that the applicant owns or has under its
control.
(d) A list of customers which the Collector will service in the City.
(e) Proposed collection rates to be charged by the applicant.
(f) Detailed information regarding services offered to customers and a listing of customers
currently receiving collection service.
(g) Any other information requested by the City Manager.
Sec. 8.16.480. - Permit fees.
Each permittee shall pay a yearly fee in an amount determined by resolution of the City Council.
Sec. 8.16.490. - Permit terms.
Any permit issued under this division shall be for a term of not more than one year and shall
expire December 31 of each year.
Sec. 8.16.500. - Transfer of permit.
A permit issued under this division 4 shall not be transferred, delegated or assigned. No
permittee shall sell, assign, hypothecate, relinquish, surrender or transfer its interest in a permit
to any person or Collector or allow another person or entity to use its permit in any act for which
a permit is required without the prior written consent of the City Council.
Sec. 8.16.510. - Denial of permit.
After review of the permit application, the City Manager, or designee, may deny the issuance of
an annual limited collection permit based on information disclosed in the permit application.
Denial of an annual limited collection permit may be based on an incomplete application, failure
to demonstrate qualifications or financial responsibility necessary to comply with the
requirements of this chapter, failure to supply required reports or previous violations of any
provision of this division 4. Upon denial, the City Manager shall provide the limited collection
permittee written notification of the reasons therefore and shall include the effective date of such
denial. Written notification of denial shall be delivered by first-class mail, postage pre-paid or
certified mail, return receipt requested.
Sec. 8.16.520. - Revocation, suspension, appeal.
The City Manager may revoke or suspend any permit pursuant to the provisions of sections
8.16.100—8.16.140, inclusive. The Collector may appeal the denial, revocation, or suspension
of a permit pursuant the procedures set forth in subsections 8.16.100(b) through (d), inclusive. It
is unlawful for any person to operate under a permit which has been revoked or suspended.
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Sec. 8.16.530. - Prohibited acts.
No limited collection permittee shall perform solid waste collection services otherwise provided
for in a solid waste franchise agreement. No limited collection permittee shall collect a fee for
recyclable material collection services provided to residential premises.
Sec. 8.16.540. - Additional permitee obligations.
A collection permittee shall also be subject to the following provisions of this chapter 8.16:
Section 8.16.150, Collector's liability insurance, provided that the amount of insurance shall be
determined by administrative policy promulgated by the director;
Section 8.16.160, worker's compensation insurance;
Section 8.16.170, City to be free from liability;
Section 8.16.190, office for inquiries and complaints;
Section 8.16.200, permits and licenses;
Section 8.16.210, responsibility for damages;
Section 8.16.220, City inspection authority;
Section 8.16.330, hours of collection;
Section 8.16.380, trespass;
Section 8.16.390, noise;
Section 8.16.400, ownership;
Section 8.16.410, collection vehicle identification;
Section 8.16.420, operation of equipment;
Section 8.16.440, resource recovery; and
all other applicable provisions of this Municipal Code.
DIVISION 5. - SOLID WASTE ACTIVITIES AND EXCLUSIONS
Sec. 8.16.550. - Placement of containers for collection.
It shall be the duty of every person having charge and control of any residential or commercial
premises to set out or place containers for the collection of solid waste, as follows:
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(a) Containers shall be placed at the curb in front of residential premises, or the alley in the
rear of residential premises, except where alleys having access to public highways at each end
exist. Collections shall be made from such alleys provided that this provision shall not apply to a
blind alley or alley the width of which will not accommodate the vehicle used for collection.
(b) No person shall place, or cause to be placed any Container from a Commercial Premises
on any public street, alley or thoroughfare or in any public place without first obtaining an
encroachment permit from the City's public works department for each day the Container is
placed there. Any Container placed on the public street, alley, or thoroughfare shall be properly
barricaded against traffic, and all debris resulting from the location and use of the Container
shall be removed at the end of the day in which it was placed in the public street, alley or
thoroughfare.
(c) No person shall place any Container of solid waste to be collected by the Collector, in any
public highway or in any place or in any manner other than hereinabove provided, or at any time
other than the days established by the City for the collection of such solid waste on the
particular route involved, earlier than sunset of the day preceding the day designated for
collection, and all containers shall be removed from the place of collection prior to 10:00 p.m. on
the day the containers have been emptied.
(d) Should any Container not be emptied and the contents removed on the date and time
scheduled by the Collector, customer should immediately notify the Collector or the City, and it
shall be the duty of the Collector to arrange for the collection and disposal of the solid waste.
(e) Occasional loads of solid waste not susceptible to placement in a Container may be
placed for collection at the same place and time as the Container if securely tied in sturdy bags
or bundles not heavier than 70 pounds, not more than four feet in length, nor more than 18
inches in diameter. Wooden boxes, crates, or cardboard boxes must be broken down and
stacked neatly at the customer's collection point. No cardboard box, paper bag or oil drum may
be used as a Container for solid waste.
(f) Solid waste not susceptible to placement in a Container may, in the discretion of the
Collector, be scheduled for special collection upon the application of the customer of the
premises. Special collection charges may be assessed by the Collector for this service with prior
approval of above-mentioned customer of the premises and subject to any requirements set
forth in a franchise agreement.
(g) Except when placed out for collection purposes, containers shall be kept and maintained
only in storage locations permitted by title 22 of this Code, as may be amended from time to
time, or as specified by use permit or other entitlement for use. In addition, Container lids shall
be kept closed at all times to avoid the propagation of flies or other vectors and to control odors
and the potential for wind-blown litter.
Sec. 8.16.560. - Prohibited acts.
It shall be unlawful for any customer or person to do the following:
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(a) For any customer or person owning, managing or having the control of any premises or
vacant lot within the City to permit an accumulation of solid waste to become or remain
offensive, unsightly or unsafe to the public health or safety or hazardous from fire.
(b) To deposit, keep or accumulate, or permit or cause any solid waste to be deposited, kept
or accumulated, upon any property, lot or parcel of land, or any public or private place in the
City except as provided in this chapter.
(c) To permit solid waste to accumulate, or to blow about in a manner that creates an
unsightly appearance, or a health hazard, or to fail to immediately clean up, or arrange for the
immediate cleanup, of any waste released, spilled or dumped into the environment during
removal or transport within the City by such person.
(d) To dispose his or her solid waste into containers at locations other than those that are
located upon property which they own or occupy or where they work.
(e) To engage in the following activities unless the individual is the property owner or
occupant, person in charge of the day-to-day activities of the place or premises or agents of the
Collector authorized to Collect from that premises:
(1) Remove or move any Container from the location where the Container was placed
for storage or collection;
(2) Remove any solid waste or recyclable material from any Container;
(3) Apply any paint or markings (commonly known as "graffiti" or "tagging") to any
Container without the prior written approval of the owner of the Container.
(f) To place Bulky Items adjacent to a street or public right-of-way without first having made
arrangements with the City, a Collector, or other person for the prompt pickup of the Bulky
Items.
(g) To burn solid waste within the City, except in an approved incinerator or transformation
facility or other device for which a permit was issued and which complies with all applicable
permit and other regulations of air pollution control authorities and provided any such act of
burning in all respects complies with all other laws, rules and regulations.
(h) To bury or dump any solid waste within the City.
(i) To set out or cause to be set out for regular solid waste collection by a Collector:
(1) Any solid waste not generated on the premises; or
(2) Any electronic waste, hazardous waste, or any other form of waste that does not
meet the definition of solid waste, provided that electronic waste may be
collected as a bulky item if provided for in a franchise agreement.
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Sec. 8.16.570. - Backyard residential composting.
(a) Notwithstanding any other provision of this chapter, residents are encouraged to compost
green wastes, including grass clippings, leaves, plant trimmings, wood ashes and vegetable
kitchen scraps or manure (but not including other household garbage or animal waste). The
following composting conditions must be met:
(1) Compost piles or bins shall not be visible from the street or neighboring properties;
(2) The compost piles or bins shall not be located next to a stream or drainage course;
(3) Compost piles and bins are maintained so that they do not generate an offensive
odor or harbor rodents;
(4) The compost is enclosed, screened or otherwise maintained to minimize insects
and pests; and
(5) The pile or Container shall not permit surface run-off or leachate to other property
or to drainage courses, waterways or streams.
(b) No composting shall be permitted at any location that is determined to be a fire hazard by
the Los Angeles County Fire Department or any location that is determined by any other
regulatory body to be a threat to the public health, safety or welfare or if such activity violates
any applicable local, state or federal law.
Sec. 8.16.580. - Self-haulers.
(a) In lieu of utilizing the services of the franchisee, customers at residential or commercial
premises may choose instead to self-haul regular and routine solid waste generated or
accumulated on premises of which they are in charge after first obtaining a self-haul permit from
the City pursuant to this chapter. The Public Works Director is authorized to promulgate
administrative policies and procedures for issuing such permits, provided that self-haulers must
comply with Section 8.16.600 below. This section does not apply to construction/demolition
waste.
(b) Self-haulers must deposit solid waste only at a properly licensed waste disposal facilities
including without limitation a landfill, recycling center, recyclable material purchasing center,
compostable materials handling facility, transfer station, green material composting facility or
other facility permitted to accept such material. Each self-hauler must report to the City, at a
frequency and in a manner determined by the Public Works Director, the type, quantity, volume,
weight and destination of solid waste collected in the City and transported from the City, and
present gate tickets or receipts to substantiate its disposal reports. Failure to submit required
reports to the City is a basis for revocation of a "self-hauler" permit. Self-haulers must haul
waste from the property at a frequency comparable to the service provided by the Collector.
Failure to do so is a basis for revocation of a "self-haul" permit.
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Sec. 8.16.590. - Gardener's exclusion.
(a) A franchise or limited collection permit shall not be required for the occasional removal of
green waste as a result of significant tree trimming, gardening or landscaping activities
generating waste beyond that which can be placed in a Container, provided that self-haulers
shall comply with Section 8.16.600 below.
(b) City contractors conducting landscaping and tree trimming activities shall comply with
Section 8.16.600 below.
Sec. 8.16.600. – Organic Waste Self-hauler requirements.
Self-Haulers that Collect and transport materials pursuant to Sections 8.16.580 and 8.16.590
shall:
(a)Source separate all recyclable materials and Organic Waste (materials that City
otherwise requires generators to separate for collection in the City’s organics and
recycling collection program) generated on-site from Solid Waste in a manner consistent
with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High
Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Haul their Source Separated Recyclable Materials to a facility that recovers those
materials; and haul their Source Separated Green Container Organic Waste to a Solid
Waste facility, operation, activity, or property that processes or recovers Source
Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High
Diversion Organic Waste Processing Facility.
(c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential
Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid
Waste facility, operation, activity, or property that processes or recovers Organic Waste;
this record shall be subject to Inspection by the City. The records shall include the
following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
(2) The amount of material in cubic yards or tons transported by the generator to
each entity.
(3) If the material is transported to an entity that does not have scales on-site, or
employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that
allows it to determine the weight of materials received, the Self-Hauler is not
required to record the weight of material but shall keep a record of the entities
that received the Organic Waste.
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Sec. 8.16.610. - Commercial recycler exclusion for source-separated
recyclables.
No provisions of this chapter shall prevent a recycling business from contracting to Collect
source-separated recyclables that are donated or sold to that recycling business by a customer.
"Source-separated recyclables" within the meaning of this subsection means recyclables that
have been separated from solid waste for the purpose of sale or donation, that have not been
mixed with or contain more than incidental or minimal solid waste, and that do not have a
negative market value inclusive of collection, transportation, and disposition costs. This
exclusion does not apply if the material collected is hauled for a net fee.
Sec. 8.16.620. – Organic Waste Waivers
(a) De Minimis Waivers. Residential development with minimal individual open space and
greenspace such as town homes with common-area open space predominantly serviced
by gardeners and landscapers subject to Section 8.16.600 of this chapter are exempt
from the Organic Waste requirements of this chapter. Furthermore, the City may waive
a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to
comply with some or all of the Organic Waste requirements of this chapter if the
Commercial Business provides documentation that the business generates below a
certain amount of Organic Waste material as described in this Section. Commercial
Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver
from and provide documentation as noted in subdivision (b) below.
(2) Provide documentation that either:
(a) The Commercial Business’ total Solid Waste collection service is two
cubic yards or more per week and Organic Waste subject to collection in
a Blue Container or Green Container comprises less than 20 gallons per
week per applicable Container of the business’ total waste; or,
(b) The Commercial Business’ total Solid Waste collection service is less
than two cubic yards per week and Organic Waste subject to collection in
a Blue Container or Green Container comprises less than 10 gallons per
week per applicable Container of the business’ total waste.
(3) Notify the City if circumstances change such that the Commercial Business’
Organic Waste exceeds the threshold required for waiver, in which case the
waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every 5 years, if the
City has approved a de minimis waiver.
(b) Physical Space Waivers. A Commercial Business or property owner may request a
physical space waiver through the following process:
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(1) Submit an application form specifying the type(s) of collection services for which
they are requesting a compliance waiver.
(2) Provide documentation that the premises lack adequate space for Blue
Containers and/or Green Containers including documentation from the hauler,
licensed architect, or licensed engineer.
(3) Provide written verification to the City that it is still eligible for physical space
waiver every five years, if the City has approved application for a physical space
waiver.
Sec. 8.16.630. – Requirements for Single-family Organic Waste Generators
Single-Family Organic Waste Generators shall comply with the following requirements except
Single-Family generators that meet the Self-Hauler requirements in Sections 8.16.580 and
8.16.600:
(a) Single-Family Organic Waste Generators shall subscribe to the City’s Organic Waste
collection services for all Organic Waste generated as described in subdivision (b) of this
Section. The City shall have the right to review the number and size of a generator’s
containers to evaluate adequacy of capacity provided for each type of collection service
for proper separation of materials and containment of materials; and, Single-Family
generators shall adjust their service level for their collection services as directed by the
City. Generators may additionally manage their Organic Waste by preventing or
reducing their Organic Waste, managing Organic Waste on site, and/or using a
Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Single-family Waste Generators shall participate in the City’s Organic Waste collection
service(s) by placing designated materials in designated containers as described in in
subdivision (c) of this Section and shall not place Prohibited Container Contaminants in
collection containers.
(c) Single-Family Organic Waste Generators shall place Source Separated Green Container
Organic Waste, including Food Waste, in the Green Container; Source Separated
Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray
Container. Generators shall not place materials designated for the Gray Container into
the Green Container or Blue Container.
Sec. 8.16.640– Requirements for Commercial Businesses
(a) Generators that are Commercial Businesses, including Multi-Family Residential
Dwellings, shall subscribe to the City’s collection services and comply with requirements
of those services as described in this Section.
(b) Generators that are Commercial Businesses shall place solid waste on containers
depending on the collection services subscribed to as follows:
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(1) Two Container services. Commercial Businesses subscribing to two Container
collection services shall place Source Separated Green Container Organic
Waste, including Food Waste, in the Green Container; Source Separated
Recyclable Materials and Solid Waste in the Gray Container.
(2) Three Container services. Commercial Businesses subscribing to three
Container collection services shall place Source Separated Green Container
Organic Waste, including Food Waste, in the Green Container; Source
Separated Recyclable Materials in the Blue Container; and Gray Container
Waste in the Gray Container. Generator shall not place materials designated for
the Gray Container into the Green Container or Blue Container.
(3) Additional two-plus or three-plus services. If additional segregation of Food
Waste is necessary to be Source Separated from the Green Container,
Commercial Businesses may be required to place Food Waste in a Brown
Container, regardless of whether they have initially subscribed to two-Container
or three-Container services.
(c) The City shall have the right to review the number and size of a generator’s containers
and frequency of collection to evaluate adequacy of capacity provided for each type of
collection service for proper separation of materials and containment of materials; and,
Commercial Businesses shall adjust their service level for their collection services as
requested by the City.
(d) Generators shall supply and allow access to adequate number, size and location of
collection containers with sufficient labels or colors for employees, contractors, tenants,
and customers, consistent with the City’s Blue Container, Green Container, Gray
Container and Brown Container (if required) collection service.
(e) Excluding Multi-Family Residential Dwellings, generators shall provide containers for the
collection of Source Separated Green Container Organic Waste and Source Separated
Recyclable Materials in all indoor and outdoor areas where disposal containers are
provided for customers, for materials generated by that business. Such containers do
not need to be provided in restrooms. If a Commercial Business does not generate any
of the materials that would be collected in one type of Container, then the business does
not have to provide that particular Container in all areas where disposal containers are
provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers
provided by the business shall have either:
(1) A body or lid that conforms with the Container colors provided through the
collection service provided by the City, with either lids conforming to the color
requirements or bodies conforming to the color requirements or both lids and
bodies conforming to color requirements. A Commercial Business is not required
to replace functional containers, including containers purchased prior to January
1, 2022, that do not comply with the requirements of the subsection prior to the
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end of the useful life of those containers, or prior to January 1, 2036, whichever
comes first.
(2) Container labels that include language or graphic images, or both, indicating the
primary material accepted and the primary materials prohibited in that Container,
or containers with imprinted text or graphic images that indicate the primary
materials accepted and primary materials prohibited in the Container. Pursuant
14 CCR Section 18984.8, the Container labeling requirements are required on
new containers commencing January 1, 2022.
(f) Multi-Family Residential Dwellings are not required to comply with Container placement
requirements or labeling requirement in subdivision (e) pursuant to 14 CCR Section
18984.9(b).
(g) To the extent practical through education, training, Inspection, and/or other measures,
excluding Multi-Family Residential Dwellings, Commercial Businesses shall prohibit
employees from placing materials in a Container not designated for those materials per
the City’s Blue Container, Green Container, and Gray Container collection service.
(h) Excluding Multi-Family Residential Dwellings, Commercial Businesses shall periodically
inspect Blue Containers, Green Containers, and Gray Containers for contamination and
inform employees if containers are contaminated and of the requirements to keep
contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(i) Commercial Businesses shall annually provide information to employees, contractors,
tenants, and customers about Organic Waste Recovery requirements and about proper
sorting of Source Separated Green Container Organic Waste and Source Separated
Recyclable Materials.
(j) Commercial Businesses shall provide education information before or within fourteen
(14) days of occupation of the premises to new tenants that describes requirements to
keep Source Separated Green Container Organic Waste and Source Separated
Recyclable Materials separate from Gray Container Waste (when applicable) and the
location of containers and the rules governing their use at each property.
(k) Commercial Businesses shall provide or arrange access for the City or its agent to their
properties during all Inspections conducted in accordance with Section 8.16.710 of this
chapter to confirm compliance with the requirements of this Section.
(l) Commercial Businesses shall accommodate and cooperate with the City’s Remote
Monitoring program for Inspection of the contents of containers for Prohibited Container
Contaminants, which may be implemented at a later date, to evaluate generator’s
compliance with subdivision (b). The Remote Monitoring program shall involve
installation of Remote Monitoring equipment on or in the Blue Containers, Green
Containers, and Gray Containers.
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(m) At Commercial Business’s option and subject to any approval required from the City,
Commercial Businesses shall implement a Remote Monitoring program for Inspection of
the contents of its Blue Containers, Green Containers, and Gray Containers for the
purpose of monitoring the contents of containers to determine appropriate levels of
service and to identify Prohibited Container Contaminants. Generators may install
Remote Monitoring devices on or in the Blue Containers, Green Containers, and Gray
Containers subject to written notification to or approval by the City or its Designee.
(n) If a Commercial Business wants to self-haul, the Commercial Business must comply with
the Self-Hauler requirements in Section 8.16.600 of this chapter.
(o) Nothing in this Section prohibits a generator from preventing or reducing waste
generation, managing Organic Waste on site, or using a Community Composting site
pursuant to 14 CCR Section 18984.9(c).
(p) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food
Generators shall comply with Food Recovery requirements, pursuant to Section
8.16.670 of this chapter.
Sec. 8.16.650. – Organic Waste Haulers
Collectors providing residential, Commercial, or industrial Organic Waste collection services to
generators within the City’s boundaries shall meet the following requirements and standards as
a condition of approval of a contract, agreement, or other authorization with the City to Collect
Organic Waste:
(a) Through written notice to the City annually on or before January 31 st , identify the
facilities to which they will transport Organic Waste including facilities for Source
Separated Recyclable Materials, and Source Separated Green Container Organic
Waste.
(b) Transport Source Separated Recyclable Materials, and Source Separated Green
Container Organic Waste to a facility, operation, activity, or property that recovers
Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(c) Obtain approval from the City to haul Organic Waste, unless it is transporting Source
Separated Organic Waste to a Community Composting site or lawfully transporting
construction/demolition waste in a manner that complies with 14 CCR Section 18989.1,
Section 8.16.690 of this chapter, and Division 6 of this chapter (Construction and
Demolition Waste).
(d) Comply with education, equipment, signage, Container labeling, Container color,
contamination monitoring, reporting, and other requirements contained within its
franchise agreement, permit, or license issued by the City.
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Sec. 8.16.660. – Organic Waste Facility operators
(a) Owners of facilities, operations, and activities that recover Organic Waste, including, but
not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned
treatment works shall, upon City request, provide information regarding available and
potential new or expanded capacity at their facilities, operations, and activities, including
information about throughput and permitted capacity necessary for planning purposes.
Entities contacted by the City shall respond within 60 days.
(b) Community Composting operators, upon City request, shall provide information to the
City to support Organic Waste capacity planning, including, but not limited to, an
estimate of the amount of Organic Waste anticipated to be handled at the Community
Composting operation. Entities contacted by the City shall respond within 60 days.
Sec. 8.16.670. – Organic Waste Commercial Edible Food Generators.
(a) Tier One Commercial Edible Food Generators must comply with the requirements of this
Section commencing January 1, 2022, and Tier Two Commercial Edible Food
Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section
18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for food
to be provided by others, shall require Food Facilities operating at the Large Venue or
Large Event to comply with the requirements of this Section, commencing January 1,
2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be
disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or
Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii)
acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to
the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food
Recovery Organization or a Food Recovery Service.
(4) Allow City’s designated enforcement entity or designated third party enforcement entity
to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR
Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible
Food pursuant to a contract or written agreement established under 14 CCR Section
18991.3(b).
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(B) A copy of all contracts or written agreements established under 14 CCR Section
18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food
Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food
Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or
Food Recovery Organization.
(iii) The established frequency that food will be collected or self-hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled
to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) Nothing in this chapter shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act of 2017, the Federal Good
Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill
557 of 2017 (which added Article 13 [commencing with Section 49580] to Chapter 9 of
Part 27 of Division 4 of Title 2 of the Education Code, and amended Section 114079 of
the Health and Safety Code, relating to food safety, as amended, supplemented,
superseded and replaced from time to time).
Sec. 8.16.680. – Food recovery organizations and services; regional
agencies.
(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial
Edible Food Generators, via a contract or written agreement established under 14 CCR
Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14
CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food
Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization
per month.
(4) The name, address, and contact information for each Food Recovery Organization that
the Food Recovery Service transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement established
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under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise
specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each Commercial Edible Food
Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the
organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their primary
address physically located in the City and contract with or have written agreements with
one or more Commercial Edible Food Generators pursuant to 14 CCR Section
18991.3(b) shall report to the City the total pounds of Edible Food recovered in the
previous calendar year from the Tier One and Tier Two Commercial Edible Food
Generators they have established a contract or written agreement with pursuant to 14
CCR Section 18991.3(b) no later than January 31 st .
(d) Food Recovery Capacity Planning. In order to support Edible Food Recovery capacity
planning assessments or other studies conducted by the City, Food Recovery Services
and Food Recovery Organizations operating in the City shall provide information and
consultation to the City, upon request, regarding existing, or proposed new or expanded,
Food Recovery capacity that could be accessed by the City and its Commercial Edible
Food Generators. A Food Recovery Service or Food Recovery Organization contacted
by the City shall respond to such request for information within 60 days, unless a shorter
timeframe is otherwise specified by the City.
Sec. 8.16.690. – Compliance with CalGreen Recycling Requirements.
(a) Persons applying for a permit from the City for new construction and building additions
and alternations shall comply with the requirements of this Section and all required
components of the California Green Building Standards Code, 24 CCR, Part 11, known
as CALGreen and incorporated as part of the City’s Building Code pursuant to Section
15.00.3240 of this Code, if its project is covered by the scope of CALGreen. If the
requirements of CALGreen are more stringent than the requirements of this Section, the
CALGreen requirements shall apply. Project applicants shall refer to the City’s Building
Code, Chapter 15.00 of this Code, for complete CALGreen requirements.
(b) For projects covered by CALGreen, the applicants must, as a condition of the City’s
permit approval, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are constructed on a building
site, provide readily accessible areas that serve occupants of all buildings on the
site and are identified for the storage and collection of Blue Container and Green
Container materials, consistent with the three-Container collection program
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offered by the City, or comply with provision of adequate space for recycling for
Multi-Family and Commercial Premises pursuant to Sections 4.408.1, 4.410.2,
5.408.1, and 5.410.1 of CALGreen as amended, provided that amended
requirements are more stringent than the CALGreen requirements for adequate
recycling space effective January 1, 2020.
(2) New Commercial construction or additions resulting in more than 30% of the floor
area shall provide readily accessible areas identified for the storage and
collection of Blue Container and Green Container materials, consistent with the
three-Container collection program offered by the City, or shall comply with
provision of adequate space for recycling for Multi-Family and Commercial
Premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of
CALGreen, as amended, provided that amended requirements are more
stringent than the CALGreen requirements for adequate recycling space effective
January 1, 2020.
(3) Comply with CALGreen requirements and applicable law related to management
of construction/demolition waste, including diversion of Organic Waste in
construction/demolition waste from disposal. Comply with the City’s
construction/demolition waste regulations, Division 6 of this chapter, and all
written and published policies and/or administrative guidelines regarding the
collection, recycling, diversion, tracking, and/or reporting of
construction/demolition waste.
Sec. 8.16.700. – Compliance with Landscape Water Efficiency Ordinance
Requirements.
(a) Property owners or their building or landscape designers, including anyone requiring a
building or planning permit, plan check, or landscape design review from the City, who
are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial)
project with a landscape area greater than 500 square feet, or rehabilitating an existing
landscape with a total landscape area greater than 2,500 square feet, shall comply with
Sections 2.5(H)(2)(b), (c), (d), and (g) of the Landscape Water Efficiency Guidelines
established pursuant to Chapter 8.14 of this Code (incorporating 23 CCR Sections
492.6(a)(3)(B) (C), (D), and (G)), including sections related to the use of Compost and
mulch as delineated in this Section.
(b) The following Compost and mulch use requirements that are part of Chapters 8.14 and
22.26 of this Code are now also included as requirements of this chapter. Other
requirements of Chapters 8.14 and 22.26 are in effect.
(c) Property owners or their building or landscape designers that meet the threshold for
landscape water efficiency compliance outlined in subdivision (a) above shall:
(1) Comply with Sections 2.5 of the Landscape Water Efficiency Guidelines
established pursuant to Sections 8.14.020, 8.14.040, 22.26.030, 22.26.040 and
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22.26.050 of this Code, which require the submittal of a landscape design plan
with a soil preparation, mulch, and amendments section to include the following:
(A) For landscape installations, Compost at a rate of a minimum of four cubic
yards per 1,000 square feet of permeable area shall be incorporated to a
depth of six (6) inches into the soil. Soils with greater than six percent
(6%) organic matter in the top six (6) inches of soil are exempt from
adding Compost and tilling.
(B) For landscape installations, a minimum three- (3-) inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except in
turf areas, creeping or rooting groundcovers, or direct seeding
applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife up to five percent (5%) of the
landscape area may be left without mulch. Designated insect habitat must
be included in the landscape design plan as such.
(C) Organic mulch materials made from recycled or post-consumer materials
shall take precedence over inorganic materials or virgin forest products
unless the recycled post-consumer organic products are not locally
available. Organic mulches are not required where prohibited by local fuel
modification plan guidelines or other applicable local ordinances.
(2) The landscape water efficiency compliance items listed in this Section are not an
inclusive list of Chapters 8.14 and 22.26 requirements; therefore, property
owners or their building or landscape designers that meet the threshold for
landscape water efficiency compliance outlined in subdivision (a) shall consult
Chapters 8.14 and 22.26 and the full Landscape Water Efficiency Guidelines for
all requirements.
(d) If, after the adoption of the ordinance enacting this Section, the California Department of
Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7,
Sections 492.6(a)(3)(B) (C), (D), and (G) in a manner that requires the City to
incorporate the requirements of an updated Model Water Efficiency Landscape
Ordinance in a local ordinance, and the amended requirements include provisions more
stringent than those required in this Section, the revised requirements of 23 CCR,
Division 2, Chapter 2.7 shall be enforced.
Sec. 8.16.710. – Inspection and investigation.
(a) City representatives, contractors and/or its designated entity are authorized to conduct
Inspections and investigations, at random or otherwise, of any collection Container,
collection vehicle loads, or transfer, processing, or disposal facility for materials collected
from generators, or Source Separated materials to confirm compliance with this chapter
by Organic Waste Generators, Commercial Businesses (including Multi-Family
Residential Dwellings), property owners, Commercial Edible Food Generators, haulers,
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Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to
applicable laws. This Section does not allow City to enter the interior of a private
residential property for Inspection. For the purposes of inspecting Commercial Business
containers for compliance with Section 8.16.640(b) of this chapter, City may conduct
Container Inspections for Prohibited Container Contaminants using Remote Monitoring,
and Commercial Businesses shall accommodate and cooperate with the Remote
Monitoring pursuant to Section 8.16.640(l) of this chapter.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the
exception of residential property interiors) and shall cooperate with the City’s employee
or its designated entity/Designee during such Inspections and investigations. Such
Inspections and investigations may include confirmation of proper placement of
materials in containers, Edible Food Recovery activities, records, or any other
requirement of this chapter. Failure to provide or arrange for: (i) access to an entity’s
premises; or (ii) access to records for any Inspection or investigation is a violation of this
chapter and may result in penalties.
(c) Any records obtained by the City during its Inspections, Remote Monitoring, and other
reviews shall be subject to the requirements and applicable disclosure exemptions of the
Public Records Act as set forth in Government Code Section 6250 et seq.
(d) City representatives, its designated entity, and/or Designee are authorized to conduct
any Inspections, Remote Monitoring, or other investigations as reasonably necessary to
further the goals of this chapter, subject to applicable laws.
(e) City shall receive written complaints from persons regarding an entity that may be
potentially non-compliant with SB 1383 Regulations, including receipt of anonymous
complaints.
DIVISION 6. - CONSTRUCTION AND DEMOLITION WASTE
Sec. 8.16.720. - Construction or demolition waste.
Every covered construction project shall divert at least 75 percent, measured by weight, of all
construction/demolition waste generated by the covered construction project. Construction
permittees working on exempt projects are encouraged to divert as much
construction/demolition waste as practicable and to report the diversion back to the City.
Sec. 8.16.730. - Covered projects.
(a) The diversion and reporting requirements of this division apply to construction, demolition
or remodel projects of 1,000 square feet or more.
(b) The diversion and reporting requirements of this section shall not apply to the following
exempt projects:
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(1) Any construction, demolition or remodel project of less than 1,000 square feet; and
(2) Any construction, demolition or remodel project that does not require a building permit and
does not generate construction/demolition waste; and
(3) Any project that requires emergency demolition in order to protect the public health or
safety as determined by the manager prior to the issuance of a demolition permit; and
(4) City public works projects.
Sec. 8.16.740. - Construction/demolition contractor self-haul permit.
(a) No person or solid waste enterprise other than the City's exclusive franchise waste haulers
shall remove construction/demolition waste within the City without first obtaining a contractor
self-haul permit as provided in this division 6 ("hereafter, C&D permit").
(b) An application for a C&D permit shall include the following information:
(1) The type and amount of materials.
(2) The number of vehicles that the permittee utilizes and the types of containers that will be
used to Collect construction/demolition waste.
(3) The name, address and contact information for the construction and demolition recycling
facilities and waste disposal facilities where the permittee will take diverted material and waste.
(4) Such other pertinent facts or information as the director may require.
(c) In order to be legally qualified to obtain a C&D permit the applicant shall:
(1) Be willing and able to comply with the provisions of this Code, applicable law, and all
requirements of the C&D permit;
(2) Have demonstrated ability to remove and transport the required construction/demolition
waste to the appropriate recycling and waste disposal facilities; and
(3) Present evidence satisfactory to the director that the applicant, or a duly licensed
construction company contracted with the applicant, will be performing the hauling work with its
own equipment and will not contract with another entity or person to perform the service.
Sec. 8.16.750. - Deposit required for covered projects.
As a part of any application for, and prior to the issuance of, any building, grading or demolition
permit for a covered project, every construction permittee shall post a deposit, in the amount of
$50.00 for each estimated ton of construction/demolition waste, but not less than $250.00 and
not to exceed $5,000.00. The deposit shall be returned, without interest, in total or in proportion,
upon proof to the satisfaction of the director, that no less than 75 percent of
construction/demolition waste has been diverted. If a lesser percentage is diverted, a
proportionate share of the deposit will be returned in accordance with a formula established by
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the City Manager. The deposit shall be forfeited entirely if there is a failure to comply with the
requirements of this section. Construction permittees utilizing a City approved waste hauler are
exempt from the 75 percent diversion requirement and shall receive a refund of the entire
deposit amount upon showing proof of utilizing a City franchise hauler.
Sec. 8.16.760. - Condition precedent to issuance of building or demolition
permit.
As a part of any application for, and prior to the issuance of, any building, grading or demolition
permit for a covered project, the construction permittee shall submit to the Public Works Director
a properly completed "recycling and waste reduction application" on a form prescribed by the
manager. The application shall contain an estimate of the weight of construction/demolition
waste to be generated from the proposed covered project and identify the permitted
construction/demolition hauler for the project. The City shall not issue a building or demolition
permit until the Public Works Director accepts the recycling and waste reduction application as
complete and accurate.
Sec. 8.16.770. - Revocation.
The director may revoke a C&D permit for failure to comply with any provisions of this division 6
or other applicable provision of this Code.
Sec. 8.16.780. - Records.
During the term of any covered project, the permitted hauler shall keep records of the amount of
waste disposed and diverted in tonnage or in other measurements approved by the director that
can be converted to tonnage.
Sec. 8.16.790. - Reporting.
(a) Within 30 calendar days following the completion of any covered construction project, the
construction permittee shall submit under penalty of perjury, and as a condition precedent to
final inspection and issuance of any certificate of occupancy, documentation to the satisfaction
of the director establishing compliance with the requirements of this division. The documentation
shall consist of a completed "recycling and waste reduction final compliance report" showing the
weight of materials disposed and diverted, supported by evidence satisfactory to the director,
which may include originals or photocopies of receipts and weight tickets/invoices or other
records of measurement from recycling companies and/or landfill and disposal companies.
Receipts and weight tickets may be required by the director to verify the amount of construction
or demolition waste generated from the site that has been diverted.
(b) If a project involves issuance of more than one permit, demolition, grading or building
permit, the report and documentation for the demolition and/or grading permits shall be
submitted to and approved by the director before issuance of a building permit.
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Sec. 8.16.800. - Monitoring responsibility of director.
The director, or designee, shall monitor each covered construction project for compliance with
this section.
Sec. 8.16.810. - Permitted waste.
Only construction and demolition waste shall be placed in construction/demolition waste
containers. The construction/demolition waste hauler shall be responsible for ensuring that solid
waste from non-construction activities is not placed on the construction/demolition waste
containers. If non-construction solid waste is being generated at a construction site, a solid
waste Container from the City's franchised hauler authorized to Collect solid waste at the
premises shall be placed on the property and used for collection.
Sec. 8.16.820. - Implementing regulations.
The Public Works Director shall have the authority to establish regulations for the
implementation of this section, and when duly established, such regulations shall be in full force
and effect.
DIVISION 7. - ENFORCEMENT
Sec. 8.16.830. - Penalty for violation of chapter.
It shall be unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this chapter. Any person, violating any provision of this chapter or failing to
comply with any of its requirements shall be deemed guilty of an infraction and, upon conviction
thereof, shall be punished as provided in Section 1.04.010 of this Code, the applicable
requirements prescribed in 14 CCR Section 18997.2, and administrative citations pursuant to
Section 1.04.030 of this Code notwithstanding subdivision (d) of Section 1.04.010.
Sec. 8.16.840. - Enforcement.
(a) City enforcement official and/or their designee (whether an individual or entity) will
monitor compliance with this chapter randomly and through compliance reviews, route review,
investigation of complaint, and an inspection program.
(b) With the exception of violations of contamination of collection Container contents with
prohibited Container contaminants which will be addressed through non‐collection of containers
and noticing by the collection contractor, and violations subject to immediate administrative
citation, City shall issue a notice to abate violations in accordance with Chapter 1.04.030 of this
Code requiring compliance within a maximum of 60 days of issuance of the notice. The City
may extend the compliance deadlines set forth in a notice to abate violations if it finds that there
are extenuating circumstances beyond the control of the non‐compliant party that make
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compliance within the deadlines impracticable, as described in 14 CCR Section 18995.4
including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or
natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals;
or,
3. Deficiencies in organic waste recycling infrastructure or edible food recovery
capacity and the City is under a corrective action plan with CalRecycle pursuant
to 14 CCR Section 18996.2 due to those deficiencies.
(c) City will conduct inspections, route reviews or waste evaluations and compliance
reviews, depending upon the type of regulated entity, to determine compliance with this chapter,
and if City determines that owner, responsible party, generator, self‐hauler, hauler, tier one or
tier two commercial edible food generator, food recovery organization, food recovery service or
other entity is not in compliance, it may provide educational materials to the entity describing its
obligations under this chapter during 2022 and 2023 and a notice that compliance is required,
rather than issuance a notice of violation and assess penalties, except that the City may assess
criminal and administrative civil penalties in the event that the City prosecutor determines that
prosecution is warranted to deter egregious conduct. Commencing January 1, 2024, violations
may be subject to criminal and administrative civil penalties.
(d) The violation of any of the provisions of this chapter shall constitute a nuisance and may
be abated by the City through civil process by means of restraining order, preliminary or
permanent injunction or in any other manner provided by law for the abatement of such
nuisances.
(e) In addition to the remedies set forth in this chapter, violations of this chapter or a
franchise agreement may be enjoined as unfair business practices that are presumed to
nominally damage each and every resident of the community in which the Collector operates.
(c) The remedies provided by this chapter are cumulative and in addition to any other criminal
or civil remedies.
Sec. 8.16.850. - City prosecutor and city attorney enforcement authority.
In addition to any other general functions, powers, and duties given to the City attorney and City
prosecutor by this Code or California law, those individuals are authorized to:
(a) Prosecute on behalf of the people all criminal cases and on behalf of the City all civil
cases for violations of this chapter including, without limitation, administrative or judicial
nuisance abatement and suits for injunctive relief; and
(b) Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money
accruing to the City under this chapter.
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Sec. 8.16.860. - Civil action by authorized recycling agent.
Nothing in this chapter limits the right of any Collector to bring a civil action against any person
who violates California Public Resources Code §§ 41950, 41951, nor will a conviction for such
violation exempt any person from a civil action.
Sec. 8.16.870. - Removal of unauthorized Container in the public right-of-
way.
The City and collectors may remove unauthorized collection containers located within the City's
public right-of-way that have been placed by or belong to haulers that are not authorized to
Collect solid waste in the City. The City may recover from the unauthorized hauler any costs
associated with impounding and storing an unauthorized Container. Upon notification from City,
or Collector's locating of an unauthorized placed Container, Collector may begin the following
procedure within 24 hours:
(1) Collector shall first place a notice on Container that:
a. Directs the unauthorized hauler or its customer to remove the Container within 24
hours of notice and if not removed, that the Container will be impounded;
b. Cites to this section of the Municipal Code;
c. Indicates where the impounded Container may be retrieved and the estimated
impound and storage costs; and
d. Warns that, should a second Container belonging to that company be found in
the City in violation of this section, that Container may be removed and
impounded without warning.
(2) If the company can be identified and its address ascertained, City or Collector shall mail
the notice as well.
(3) Collector shall notify City of the notice and request written authorization to impound the
Container.
(4) With City written approval, Collector may impound the Container if it has not yet been
removed by the illegal hauler.
(5) For subsequent violations by the same company after the initial notice has been posted,
the Collector has mailed a warning to the company if an address is ascertainable, and
after having received written approval from City, Collector may remove company's
containers immediately, mailing a notice if address is known as to where the Container
may be retrieved and impound and storage costs. If address is unknown, Collector shall
place the notice as close as feasible to where the Container was located.