HomeMy Public PortalAboutCity Council_Ordinance No. 21-1053_Solid Waste Management_3/2/2021_RegularORDINANCE NO. 21-1053
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY,
CALIFORNIA, REPEALING TITLE 6, CHAPTER 2, ARTICLE C — "GARBAGE AND
RUBBISH DISPOSAL" AND TITLE 6, CHAPTER 2, ARTICLE D —"INTEGRATED WASTE
MANAGEMENT PROGRAM" OF THE TEMPLE CITY MUNICIPAL CODE AND ADDING
TITLE 6, CHAPTER 2, ARTICLE C — "SOLID WASTE MANAGEMENT" TO THE TEMPLE
CITY MUNICIPAL CODE.
WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to make and enforce
within their limits all local, police, sanitary, and other ordinances and regulations not in conflict with general
laws; and,
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated
Waste Management Act of 1989, ("AB 939" or the "Act") (codified at Public Resources Code §§ 40000 et
seq.) established a solid waste management process that requires cities and other local jurisdictions to
adopt and implement plans to reduce the amount of solid waste generated within their jurisdiction and to
maximize reuse and recycling; and,
WHEREAS, AB 939 states that the frequency of solid waste collection, the means of solid waste
collection and transportation, levels of services, charges and fees for services, and the nature, location
and extent of providing solid waste services, are matters of local concern; and,
WHEREAS, AB 939 expressly allows cities to provide solid waste services to its residents by its
own forces or by authorizing a private entity to provide those services; and,
WHEREAS, AB 1826, effective January 1, 2015, and SB 1383 amended the Act to include
provisions regarding organic material recycling; and
WHEREAS, AB 1594, commencing January 1, 2020, amended the Act to provide that the use of
green material, as alternative daily cover does not constitute diversion through recycling and would be
considered disposal for purposes of the Act; and
WHEREAS, AB 341, commencing July 1, 2012, amended the Act to, among other things, require
certain commercial waste generators and multifamily residential dwellings to arrange for recycling services;
and
WHEREAS, when cities confer the authority to provide solid waste handling services on private
entities, they may do so by the award of a franchise, contract, license or other means; and,
WHEREAS, this Ordinance repeals Title 6, Chapter 2, Articles C and D of the Temple City
Ordinance No. 21-1053
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Municipal Code, and adds a new Title 6, Chapter 2, Article C, as set forth in Exhibit A attached hereto, to
the Temple City Municipal Code, to reflect changes in the law, including the changes concerning AB 1826,
SB 1383, AB 341, AB 901 and AB 1594.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: RFCITALS AND FINDINGS
The City Council of the City of Temple City finds the recitals set forth herein to be true and
correct, and incorporates the recitals as findings of the City Council.
SECTION Z: REPEAL OF TITLE 6, CHAPTER 2, ARTICLES C AND D, AND ADDITION OF TITLE 6,
CHAPTER 2, ARTICLE C.
Title 6, Chapter 2, Articles C and D of the Temple City Municipal Code arehereby repealed, and Title
6, Chapter 2, Article C, as set forth in Exhibit A, attached hereto and incorporated herein, is added to the
Temple City Municipal Code.
SECTION 3: 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 sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SFCTION 4: EFFECTIVE DATE.
This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of
Temple City.
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SECTION 5: CEQA
The City Council exercises its independent judgment and finds that this ordinance is not subject to
the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, Section 15308, which exempts "actions by regulatory agencies for
protection of the environment." This Ordinance is consistent with the goals of California State Assembly
Bills 939, 341, and 1826, and Senate Bill 1381.
SECTION 6: PUBLICATION.
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen
(15) days after its passage in a newspaper of general circulation and circulated within the City in
accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the
manner required by law using the alternative summary and pasting procedure authorized under
Government Code Section 39633(c).
INTRODUCED at the regular meeting of Temple City City Council on February 16,
2021.
APPROVED AND ADOPTED this 2nd day of March, 2021.
Vincent Yu, Mayor
ATTEST:
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Peggy KJo, Cifjr Clerk
APPROVED AS TO FORM:
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Greg M. Murphy, City �ftorney
Ordinance No. 21-1053
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State of California
County of Los Angeles
City of Temple City
I, Peggy Kuo, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance
was introduced and first read on the 16th day of February
2021, and had its second reading at the regular meeting of the Temple City City Council on the day of ,
2021, and was passed by the following vote:
AYES: Councilmember— Chavez, Man, Vizcarra, Sternquist, Yu
NOES: Councilmember— None
ABSENT: Councilmember— None
ABSTAIN: Councilmember— None
zrr5IcIA,o
Peggy Kuo, City Clerk
Ordinance No. 21-1053
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EXHIBIT "A"
Title 6, Chapter 2, Article C - SOLID WASTE MANAGEMENT
Sec. 6-2C-0: Purpose; Findings.
A. Purpose. The management and proper disposal of Solid Waste is a matter of great importance to the City,
its citizens, visitors, property owners and businesses. The City finds that the public health, safety, and well-
being require the generation, accumulation, handling, Collection, transportation, conversion and disposal of
Solid Waste be controlled and regulated by the City through the comprehensive system provided in this
Article. This Article is intended to ensure Solid Waste Handling Services are readily available, adhere to
uniform standards, and are reliable, clean, and efficient. The City has a strong interest in reducing the
harboring and breeding of rodents and insects, reducing the spread of disease, and preventing pollution
and other unsightly degradation of the environment, which can occur with the improper handling of Solid
Waste and the excess accumulation of Solid Waste. Lastly, this Article is intended to insure compliance
with the Integrated Waste Management Act, as amended by AB 1826, SB 1383, AB 341, AB 901 and AB
1594, as well as other state laws as they may be adopted from time to time.
Findings. The City finds and declares
1. Article XI, § 7 of the California Constitution authorizes cities to make and enforce within their limits
all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
2. The Legislature of the State of California, by enactment of the California Integrated Waste
Management Act of 1989, ("AB 939" or the "Act") (codified at Public Resources Code §§ 40000 et
seq.) established a Solid Waste management process that requires cities and other local
jurisdictions to adopt and implement plans to reduce the amount of Solid Waste generated within
their jurisdiction and to maximize reuse and Recycling.
3. AB 939 states that the frequency of Solid Waste Collection, the means of Solid Waste Collection and
transportation, levels of services, charges and fees for services, and the nature, location and extent
of providing Solid Waste Handling Services, are matters of local concern.
4. AB 939 expressly allows cities to provide Solid Waste Handling Services to its residents by its own
forces or by authorizing a private entity to provide those services.
5. This Article implements Article XI, § 7 of the California Constitution and AB 939 in the City of Temple
City and protects public health and safety by authorizing the City Council to provide Solid Waste
Handling Service itself or to award one or more franchises to private entities.
6. AB 1826 and SB 1383 imposes new requirements on the City and customers which this Article is
intended to address.
Sec. 6-2C-1: Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings respectively
ascribed to them by this section. Words and phrases not defined in this Article shall have the meaning ascribed in:
Division 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40100 et seq.; the regulations of the California
Department of Resources Recycling and Recovery; the Resource Conservation and Recovery Act ("RCRA"), 42
U.S.C. §§ 6901, et seq. and the regulations implementing RCRA, as they may be amended; and the Franchise
Agreement.
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• AB 341,
"AB 341" shall mean Assembly Bill 341 from the 2011-2012 Regular Session of the California
Legislature (Chapter 476, Statutes 2011).
• AB 827
"AB 827" shall mean Assembly Bill 827 from the 2019-2020 Regular Session of the California
Legislature (Chapter 441, Statutes 2019).
• AB 939.
"AB 939" shall mean the California Integrated Waste Management Act of 1989, currently codified
as California Public Resources Code Section 40000 et seq., as it may be amended from time to time.
• AB 1594.
"AB 1594" shall mean Assembly Bill 1594 from the 2013-2014 Regular Session of the California
Legislature (Chapter 719, Statutes 2014).
• AB 1826.
"AB 1826" shall mean Assembly Bill 1826 from the 2013-2014 Regular Session of the California
Legislature (Chapter 727, Statutes 2014).
• Account Holder.
"Account Holder" means the persons or entities whose name(s) are on a Solid Waste
Franchisee's account for a Premises.
• Bins.
"Bins" shall mean a Container provided by a Solid Waste Franchisee, including dumpsters,
compactors, and any similar such devices with a capacity of under ten (10) cubic yards.
• Bulky Items.
"Bulky Items" or "Bulky Waste" shall mean Solid Waste that cannot and/or would not typically be
accommodated within a Cart including specifically: furniture (including chairs, sofas, mattresses, and rugs);
appliances (including refrigerators with and without Freon, ranges, washers, dryers, water heaters,
dishwashers, plumbing, small household appliances and other similar items, commonly known as "white
goods"); residential wastes (including wood waste, tree branches, scrap wood, in the aggregate not
exceeding one (1) cubic yard per Collection); and clothing. For purposes of this Article, Bulky Items shall
not include items commonly known in the waste industry as "brown goods," "e -waste" and "universal waste"
(including, without limitation all types of electronic waste, stereos, televisions, computers and monitors,
cellular phones, VCRs, microwaves and other similar type of equipment and products). Bulky Items do not
include car bodies, Construction and Demolition (C&D) Debris or (with the exception of appliances/white
goods described above) items that cannot reasonably and safely be loaded and unloaded into a vehicle by
two people using equipment of the type which, pursuant to industry standards, would normally be carried
in a vehicle used in Collecting Bulky Items. In the event a question arises as to whether specific items, or
category of items meets the definition of Bulky Items, City shall be responsible to determine whether said
definition shall apply, which determination shall be final and binding on the Parties.
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• CalRecycle.
"CalRecycle" shall mean the State of California Department of Resources Recycling and Recovery,
the department within the State Natural Resources Agency responsible for the administration of AB 939, or
any successor department or agency created or designated for such purpose pursuant to the Act.
• Cart.
"Cart" means a plastic Container, typically 35, 64 and 96 gallons, provided by a Solid Waste
Franchisee, with a hinged lid and wheels serviced by an automated or semi- automated process, as opposed
to a manual process of lifting and dumping.
• City.
"City" shall mean the City of Temple City, a municipal corporation of the State of California.
• City Limits.
"City Limits" shall mean the territorial boundaries of the City together with all amendments and
changes thereto, which boundaries are depicted on maps, incorporated herein by reference, that are kept on
file in the office of the City Clerk of the City of Temple City, and which are from time to time amended to
reflect changes.
• City Manager.
"City Manager" shall mean the City Manager of the City of Temple City or his or her designee.
• City Premises.
"City Premises" means City -owned or operated Premises where Solid Waste is generated or
accumulated.
• Collect/Collection.
"Collect" or "Collection" shall mean to take physical possession of, transport, and remove Solid
Waste from a premises.
• Commercial Premises.
"Commercial Premises" means Premises upon which business activity is conducted, including but
not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but
excluding Residential Premises upon which business activities are conducted when such activities are
permitted under applicable zoning regulations and are not the primary use of the property. For purposes of
this Article, a Premises upon which hotels, and motels are operated shall be deemed to be Commercial
Premises. For the purposes of this Article, Multi -Family Residential Premises that receive Bin services,
shall be deemed to be Commercial Premises.
• Construction and Demolition (C&D) Debris.
"Construction and Demolition (C&D) Debris" shall mean Solid Waste generated, produced, or
discarded in connection with construction, demolition, landscaping, land clearing, or general clean-up
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activities within the City, including, but not limited to, concrete, plaster, drywall, Green Material, wood, wood
scraps, dirt, rock and rubble.
• Container.
"Container" means any and all types of Solid Waste receptacles, including Carts, Bins, and
receptacles provided by Solid Waste Franchisee.
• Contaminated Container
"Contaminated Container" shall mean (i) an Organic Material Container that, by visual or digital inspection,
five percent (5%) or more by volume, contains comingled Garbage, Recyclable Materials, or Yard Waste; (ii)
a Recyclable Materials Container that, by visual or digital inspection, five percent (5%) or more by volume,
contains commingled Garbage, or (iii) a Yard Waste Container that, by visual or digital inspection, five percent
(5%) or more by volume, contains commingled Garbage, Organic Material, or Recyclables.
• Debris Box
"Debris Box" means a receptacle for Refuse, Recyclable Material, or Green Material having a
capacity of 10 cubic yards or greater that is picked up in its entirety by a dedicated truck for emptying at a
separate location.
• Dwelling Unit.
"Dwelling Unit" shall have the meaning set forth in the Municipal Code.
• Edible Food.
"Edible Food" means all food intended and usable for human consumption, or as otherwise defined
in 14 CCR Section 1892(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section
18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this chapter or
in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the
food safety requirements of the California Retail Food Code.
• Environmental Laws.
"Environmental Laws" means all federal and state statutes, county, local and City ordinances
concerning public health, safety and the environment including, by way of example and not limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et seq.;
the Resource Conservation and Recovery Act, 42 USC §6901 et seq.' the Federal Clean Water Act, 33
USC §1251 et seq.' the Federal Clean Air Act, USC §7401 et seq.' the Toxic Substances Control Act, 15
USC §2601 et seq.' the Occupational Safety and Health Act, 29 USC §651 et seq.' the California Hazardous
Waste Control Act, California Health and Safety Code §25100 et seq.• the Carpenter -Presley -Tanner
Hazardous Substance Account Act, California Health and Safety Code §25300 et seq.• the Porter -Cologne
Water Quality Control Act, California Water Code §13000 et seq.' the Safe Drinking Water and Toxic
Enforcement Act, California Health and Safety Code §25249.5 et seq.• the CalGreen Building Code and
Water Efficient Landscape Standards set forth in the Municipal Code; as currently in force or as hereafter
amended, and all rules and regulations promulgated thereunder.
• Food Recovery Organization.
"Food Recovery Organization" shall mean 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
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recovery either directly or through other entities or as otherwise defined in Title 14, California Code of
Regulations Section 18982(a)(25), including, but not limited to: (1) a food bank as defined in Section 113783
of the Health and Safety Code; (2) a nonprofit charitable organization as defined in Section 113841 of the
Health and Safety code; and/or; (3) a nonprofit charitable temporary food facility as defined in Section
113842 of the Health and Safety Code.
• Food Waste.
"Food Waste" shall mean food scraps and trimmings and other putrescible waste that results from
food production, preparation, storage, consumption, or handling. For the avoidance of doubt, Food Waste
includes, without limitation, meat, fish and dairy wastes, fruit and vegetable wastes, grain waste, and
compostable food contaminated paper products.
• Franchise Agreement
"Franchise Agreement" shall mean an agreement between the City and a Solid Waste Franchisee
concerning the performance of one or more Solid Waste Handling Services within the City or a portion
thereof.
• Franchise Area.
"Franchise Area" shall mean all Premises within the City Limits.
• Garbage
"Garbage" means all putrescible and non-putrescible solid, semi -solid and associated liquid waste,
as defined in California Public Resources Code section 40191.
• Green Material and/or Yard Waste.
"Green Material" and "Yard Waste" shall mean any plant material that is kept separate from other
Solid Waste at the point of generation and contains no greater than one percent (1%) of physical
contaminants by weight. Green Material and Yard Waste includes, but is not limited to, yard trimmings,
untreated wood wastes, natural fiber products, and Construction and Demolition (C&D) Debris wood waste.
Green Material and Yard Waste does not include Food Waste, biosolids, plant material mixed with Solid
Waste, material processed from commingled waste, wood containing lead -based paint or wood
preservative, or mixed Construction and Demolition (C&D) Debris. "Green Material" and "Yard Waste" is
not a "Recyclable Material". "Green Material" and "Yard Waste" is Garbage if it is not segregated from
Garbage and is discarded into the Garbage stream.
• Hazardous Substance.
"Hazardous Substance" shall mean any of the following: (a) any substances defined, regulated or
listed (directly or by reference) as "Hazardous Substances," "hazardous materials," "Hazardous Wastes,"
"toxic waste," "pollutant" or "toxic substances" or similarly identified as hazardous to human health or the
environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, 42 USC §9601 et seq.(CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC
§5101, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.• (iv) the Clean Water
Act, 33 USC §1251 et seq. (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and
25316; (vi) the Clean Air Act, 42 USC §7401 et seq.; and (vii) California Water Code §13050; (b) any
amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently
existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or
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pollutant identified and/or regulated as hazardous or toxic or regulated under any other applicable federal,
state or local laws or regulations, including any of the Environmental Laws, currently existing or hereinafter
enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's ("PCBs"), petroleum,
natural gas and synthetic fuel products, and by-products.
• Hazardous Waste.
"Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste,
or extremely Hazardous Waste by the State of California in Public Resources Code §40141, Health and Safety
Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes
or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to
the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.) all future amendments
thereto, and all rules and regulations promulgated thereunder.
• Household Hazardous Waste.
"Household Hazardous Waste" means dry cell household batteries; cell phones and PDAs; used
motor oil; used oil filters when contained in a sealed plastic bag; cooking oil; compact fluorescent light
bulbs contained in a sealed plastic bag; cleaning products; pesticides; herbicides; insecticides; painting
supplies; automotive products; solvents; stripes; and adhesives; auto batteries; and Universal Waste
generated at a Residential Premises.
• Multi -Family Residential Premises.
"Multi -Family Dwelling Unit(s)" or "MFDs" shall mean any structure or structures having five (5) or
more dwelling units under common ownership, or developed into a multi -family development with individual
unit owners, sharing common walls, common areas, common utilities, or common facilities, including
without limitation apartment buildings, townhomes, condominiums, group living facilities, assisted living
facilities, and similar structure uses.
• Municipal Code.
"Municipal Code" shall mean City's Municipal Code.
• Organic Material.
"Organic Material" means those materials which are capable of being composted and which would
otherwise be processed as Recyclable material or disposed of as Garbage. Organic Material
includes any vegetative matter resulting from normal yard and landscaping maintenance and fits in
the Organic Material Cart utilized by the Person in Charge. Organic Material includes Green Material
and other forms of vegetative waste. Organic Material also includes Food Waste, Stable Matter, and
acceptable food packaging items such as pizza boxes, paper towels, waxed cardboard and food
contaminated paper products. Organic Material does not include items defined herein as Hazardous
Substances.
• "Organic Material Processing Facility" shall mean a commercial facility permitted by the State of
California which accepts and processes, by composting or other permissible methods, Organic
Material for diversion from landfill disposal.
• Owner.
"Owner" means the persons or entities listed on the last equalized assessment roll as the
owner of a lot or parcel of real property within the City.
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• Person
"Person" shall means any individual, firm, association, organization, partnership, corporation,
business trust, joint venture, the United States, the State of California, the County of Los Angeles, towns,
cities, and special purpose districts.
• Person in Charge
"Person in Charge" means an Owner, Account Holder, tenant, occupant or other person or
persons responsible for the day to day operation of a Premises.
• Premises.
"Premises" shall mean any land, building, and/or structure within the City Limits where Solid Waste
is generated or accumulated.
• Recycle or Recycling.
"Recycle" or "Recycling" shall mean the process of Collecting, sorting, cleaning, treating and
reconstituting materials that would otherwise be disposed of and returning these materials to the economic
mainstream in the form of raw materials for new, reused or reconstituted products.
• Recyclable Material.
"Recyclable Material" or"Recyclables" shall mean that material discarded within the Franchise Area
which is capable of being Recycled, consistent with the requirements of AB 939, including but not limited
to the following:
1. Aluminum cans;
2. Glass jars and bottles;
3. Steel, bi-metal and tin cans, and empty aerosol containers;
4. PVC pipe;
5. Juice boxes and milk cartons (aseptic packaging, Tetra Pak, and waxed carboard)
6. Detergent containers;
7. Scrap metal, coat hangers and metal foil;
8. Newspapers and telephone books;
9. Mixed paper (e.g., ledger, computer, junk mail, magazines, paperback books, cereal
boxes, envelopes, paper shopping bags and non-metallic wrapping paper);
10. Corrugated cardboard and chipboard;
11. Chlorofluorocarbons (contained in Bulky Items set out for Collection)
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12. Wood (incidental scrap pieces of set out for Collection with Green Material, and larger
quantities if set out for Collection with Bulky Items).
• Residential Premises.
"Residential Premises" means a building or lot containing one (1) Dwelling Unit, and includes
buildings and lots with more than one (1) Dwelling Unit where such Dwelling Units are determined by the City
to be reasonably able to receive individualized Solid Waste Handling Service and the number of Dwelling
Units on the premises is less than five (5). For the purposes of this Article, Multi -Family Residential Premises
that receive Cart services, shall be deemed to be Residential Premises. Multi -Family Residential Premises
that receive Bin services, shall be deemed to be Commercial Premises. Any ambiguity as to whether a
Premises qualifies as a Residential Premises or Commercial Premises shall be resolved by the City
Manager whose decision shall be final.
• SB 1383.
"SB 1383" shall mean Senate Bill 1383 from the 2015-2016 Regular Session of the California
Legislature (Lara Chapter 395, Statutes 2016).
• Solid Waste.
"Solid Waste" means Garbage, Recyclable Material, and Organic Material. Solid Waste does not
include Hazardous Contaminants, Hazardous Substances, Hazardous Waste, low-level radioactive waste,
untreated medical waste, or Special Wastes.
• Solid Waste Enterprise.
"Solid Waste Enterprise" means any individual, partnership, joint venture, unincorporated
private organization, or private corporation, which is regularly engaged in the business of providing
Solid Waste Handling Services.
• Solid Waste Franchisee.
"Solid Waste Franchisee" means a Solid Waste Enterprise that has been granted the right and
privilege by the City, or by operation of law, to perform one or more Solid Waste Handling Services within
the City or a portion thereof.
• Solid Waste Handling Services.
"Solid Waste Handling Services" means the Collection, and thereafter the transfer, transport,
Recycling, processing, and disposal of Garbage, Organic Material, Recyclable Materials, Construction and
Demolition Materials, Bulky Items, and/or Universal Waste.
• Special Wastes.
"Special Wastes" shall mean wastes other than Solid Waste including sewage, sludge, industrial
sludge, asbestos, auto bodies, tires, used motor oil, Hazardous Waste, Animal Waste, explosive
substances, radioactive materials, and other materials which may not be disposed of at a Class Ill landfill
or which require special handling. "Animal Waste" shall mean animal carcasses, dead animals, and/or
parts or portions of dead animals. Animal Waste shall not include manure.
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• Spilled.
"Spilled" means deposited, released, spilled, leaked, pumped, poured, emitted, emptied,
discharged, injected, dumped or disposed into the environment, or which otherwise has come to be located
outside an authorized Container. The term "disposed into the environment" shall include, but is not limited
to, the abandonment or discarding of barrels, bags, cans and other closed receptacles containing Garbage,
Recyclable Materials or Organic Material.
• Tier One Commercial Edible Food Generator.
"Tier One Commercial Edible Food Generator" means a commercial Edible Food generator that is
one of the following:
1. Supermarkets with gross annual sales of $2,000,000 or more.
2. Grocery store with a total facility size equal to or greater than 10,000 square feet.
3. Food service provider.
4. Wholesale food vendor.
• Tier Two Commercial Edible Food Generator.
"Tier Two Commercial Edible Food Generator" means a commercial Edible Food generator that is
one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000
square feet.
2. Hotel with an on -site food facility and 200 or more rooms.
3. Health facility with an on -site food facility and 100 or more beds.
4. Large venue.
5. Large event.
6. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal
to or greater than 5,000 square feet.
7. A local education agency facility with an on -site food facility.
• Universal Waste.
"Universal Waste" means and includes, but is not limited to, Universal Waste Electronic Devices"
or "UWEDs," (i.e., electronic devices subject to the regulation of the Department of Toxic Substances
Control, 23 CCR §§ 66273.1, et seq.), and other Universal Wastes, including, but not limited to non -empty
aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp
exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel- cadmium batteries, silver
button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light
batteries] alkaline batteries, carbon -zinc batteries and any other batteries which exhibit the characteristic
of a hazardous waste), mercury thermometers, and mercury -containing switches.
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Sec. 6-2C-2: Solid Waste Handling Service Required.
In order to protect the public health, safety and wellbeing, and to prevent the spread of vectors, the Person
in Charge of a Premises shall make arrangements with the City's Solid Waste Franchisee for Solid Waste Handling
Services. Organic Material generators subject to the requirements of SB 1383 shall fully comply with all applicable
SB 1383 regulatory requirements or be subject to the penalties as prescribed in Section 18997.2 of SB 1383, as
determined by the City Manager.
All Premises in the City must have the applicable Solid Waste Handling Services required under this Article
Sec. 6-2C-3: Containers — Use, Placement for Collection, Storage.
A. Use. Every Person in Charge of a Premises shall:
1. Keep on the Premises a sufficient number of Containers that will hold all Garbage, Recyclable
Materials, and Organic Material that accumulates on the Premises each week without spilling,
leaking, or the emission of unreasonable or excessive odors. It shall be the duty of every Person in
Charge to keep the Containers used for Solid Waste Handling Services in a clean and sanitary
condition.
Deposit or cause to be deposited all Garbage, Recyclable Materials and Organic Material
generated or accumulated on the Premises into Containers meeting the requirements of this Article.
Use those Containers provided by the appropriate Solid Waste Franchisee.
4. Shall enroll in Garbage and Recycling Collection Services provided by the appropriate Solid Waste
Franchisee. Enroll in Organic Material Collection Services provided by the appropriate Solid Waste
Franchisee, as required by this Article and AB 939.
Placement for Collection. To minimize interference with public rights -of -way, no person shall place a
Container in a public right-of-way for Collection by the appropriate Solid Waste Franchisee more than 24
hours prior to the normal Collection time. Containers placed in a public right-of-way for Collection shall be
removed from the right-of-way within 12 hours after Collection.
Storage. Except during the time a Cart or Bin is placed for Collection, reasonable efforts shall be made to
limit the visibility of Carts or Bins from the public right-of-way. A Debris Box may be placed in a location that
is visible from the public right of way at a Residential Premises for up to thirty (30) consecutive days and for
no more than sixty (60) total days during any twelve (12) month period.
Bins at Residential Premises. Solid Waste Franchisee shall not supply Bins to Residential Premises in place
of Refuse Carts, or otherwise use Bins for Solid Waste Handling Services at such Premises; excepting,
however, that Bins may be used for Solid Waste Collection when requested by the Owner of the Premises
receiving service at Residential Premises and an exception permit is granted by the City Manager.
Recycling Carts must still be provided to any Residential Premises provided with Bins in place of Refuse
Carts. In each such situation, Bins may only be provided by Solid Waste Franchisee if an enclosed storage
area exists, or they are otherwise kept on the premises in such a manner as to not be visible from the public
right of way.
Owners of Residential Premises who currently have Bins at their Residential Premises shall have three (3)
years from the effective date of this provision to either: (1) build an enclosure following City Standards, or
make reasonable efforts to limit the visibility of the Bin from the public right-of-way, or (2) remove the Bin
Ordinance No. 21-1053
Page 15 of 24
from the property and have it replaced by Carts.
Sec. 6-2C-4: Clean -Up.
A. Until Garbage, Recyclable Materials, or Organic Material has been picked up by the appropriate Solid
Waste Franchisee, each Person in Charge of a Premises shall be responsible for the cleanup of any and
all Garbage, Recyclable Material, or Organic Material generated or accumulated on the Premises that is
Spilled on, at, or in the Premises. This cleanup responsibility includes the cleanup of Garbage, Recyclable
Materials, and Organic Material Spilled for any reason, including but not limited to human or animal
interference with a Container, wind or other natural forces, at any time during storage, Collection, removal,
or transfer of the materials.
B. The City's Solid Waste Franchisee(s) shall clean up any Garbage, Recyclable Material, or Organic Material
Spilled during its Collection, removal, or transfer, as soon as the Spill occurs.
Sec. 6-2C-5: Disposal Frequency.
Unless waived in accordance with this Article, all Solid Waste accumulating upon a Premises must be
disposed of as frequently as required to avoid an accumulation of Solid Waste, but in no case shall disposal occur
less frequently than one (1) time per week, except that less than weekly disposal is permitted during any period of
time the Premises is temporarily unoccupied and Solid Waste is not accumulating on the Premises due to out-of-
town travel or other similar situations. The City may alter the Collection frequency required by this section through
written agreement with the City's Solid Waste Franchisee(s).
Sec. 6-2C-6: AB 939 Fees.
Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code, Section 41900 et seq., the City may impose
fees on Premises in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide
integrated waste management plan, including the costs of preparing, adopting and implementing the City's required
Source Reduction and Recycling Element, Household Hazardous Waste Element, and Nondisposal Facility
Element, and the costs of setting and collecting the fees. In the event such fees are imposed, the City's Solid Waste
Franchisee(s) shall collect the fees as part of its standard billing process.
Sec. 6-2C-7: Recycling of Recyclable Material.
A. Purpose. The purpose of this section is to establish mandatory requirements for the Recycling of Recyclable
Materials generated from Commercial Premises, Residential Premises, and City Premises. These
requirements are intended to increase the diversion of Recyclable Materials from landfills, conserve
capacity and extend the useful life of landfills utilized by the City, reduce greenhouse gas emissions, and
avoid the potential financial and other consequences to the City of failing to meet State law diversion
requirements.
B. General Requirements. The Person in Charge of each Commercial Premises and Multi -Family Residence
shall be responsible for ensuring and demonstrating its compliance with the following requirements with
regard to the Recycling of Recyclable Materials:
1. Owners, landlords, tenants and occupants, jointly or severally, shall recycle Recyclable Materials
by depositing the appropriate Containers provided by the City's Solid Waste Franchisee.
2. Occupants or landlords shall designate, for the convenience and use of occupants, employees,
and independent contractors, Recycling Collection and storage areas and shall prominently place
appropriate signs in and around the proximity of such areas.
Ordinance No. 21-1053
Page 16 of 24
3. Occupants or landlords shall ensure that their employees, occupants, and independent contractors
are educated about Recycling services available at the site. Information, including the types of
Recyclable Materials accepted, the location of Recycling Containers, and the employees' and
occupants responsibility to recycle shall be distributed periodically, and all new occupants,
employees when hired, and independent contractors when retained, shall also be given such
information and instruction. All occupants, employees and independent contractors shall also be
given appropriate information and instructions concerning any change in Recycling services to the
Premises.
4. Ensuring that Recyclable Materials generated at their site will be taken only to a Recycling facility
and not to a landfill for disposal by complying with all requirements under this Article
C. Liability
1. No Solid Waste Enterprise shall be liable for the failure of its customers to comply with the
provisions of this Section.
No Recyclable Materials generator shall be liable for the failure of the Solid Waste Franchisee to
deliver Recyclable Materials to a Recycling or processing facility.
Sec. 6-2C-8: Recycling of Organic Material.
A. Obtaining Services. Without exception, every Commercial Premises shall make arrangements with the
City or the City's Solid Waste Franchisee for Organic Material Recycling services. Every Residential
Premises, Multi -Family Residential Premises, and City Premises shall make arrangements with the City or
the City's Solid Waste Franchises for Organic Material Recycling services in compliance with AB 1826, SB
1383, AB 341, and AB 827 (California Public Resources Code section 42649.8 et seq.) or any other
applicable law relating to the Recycling of Organic Material, as it may be amended from time to time.
B. General Requirements. The Person in Charge of each Commercial Premises and Multi -Family Residence
shall be responsible for ensuring and demonstrating its compliance with the following requirements with
regard to the Recycling of Organic Materials:
All Organic Materials must be generated by and at the Premises wherein the Organic Materials are
Collected.
Owners, landlords, tenants and occupants, jointly or severally, shall recycle Organic Materials by
depositing the appropriate Containers provided by the City's Solid Waste Franchisee.
Occupants or landlords shall designate, for the convenience and use of occupants, employees,
and independent contractors, Recycling Collection and storage areas and shall prominently place
appropriate signs in and around the proximity of such areas.
4. Occupants or landlords shall ensure that their employees, occupants, and independent contractors
are educated about Recycling services available at the site. Information, including the types of
Organic Materials accepted, the location of Recycling Containers, and the employees' and
occupants responsibility to recycle shall be distributed periodically, and all new occupants,
employees when hired, and independent contractors when retained, shall also be given such
information and instruction. All occupants, employees and independent contractors shall also be
given appropriate information and instructions concerning any change in Recycling services to the
Premises.
Ordinance No. 21-1053
Page 17 of 24
5. Ensuring that Organic Materials generated at their site will be taken only to a Recycling facility and
not to a landfill for disposal by complying with all requirements under this Article.
Liability
1. No Solid Waste Enterprise shall be liable for the failure of its customers to comply with the provisions
of this Section.
2. No Organic Materials generator shall be liable for the failure of the Solid Waste Franchisee to deliver
Organic Materials to a Recycling or processing facility.
Sec. 6-2C-9: Provision of Solid Waste Handling Service.
A. The City Council may grant franchises to one or more Solid Waste Enterprises to make arrangements with
the Persons in Charge of Premises within the City for Solid Waste Handling Services, in accordance with
this Article.
B. The City Council may determine Solid Waste Collection categories, (e.g., Residential, Commercial,
Construction & Demolition Debris, Household Hazardous Waste, Universal Waste, Recyclable Materials,
Organic Material, food recovery and others) and may make or impose franchise, license, contract or permit
requirements which may vary for such categories.
Sec. 6-2C-10: Solid Waste Franchises.
The City Council may award exclusive, partially exclusive, or non-exclusive franchises for one or more types
of Solid Waste Handling Services for all or a portion of the Premises in the City. Any such franchise shall be
in the form of a written agreement, approved by the City Council, and shall be subject to all of the
continuation rights, if any, held by any other Solid Waste Enterprise pursuant to Public Resources Code §
49520 et seq. Where the Franchise Agreement is silent on an issue, the provisions of this Article shall
govern. Where a Franchise Agreement predates the effective date of this Article, the provisions of the
Franchise Agreement shall govern over any inconsistent provisions contained in this Article.
B. Any franchise granted pursuant to paragraph A of this section shall be granted on such terms and conditions
as the City Council shall establish in its sole discretion. At a minimum, the franchise shall provide:
1. The Solid Waste Franchisee shall comply with the provisions of this Article; and
2. The Solid Waste Franchisee shall protect, defend, indemnify and hold the City harmless from such
acts, omissions, liabilities and damages related to the agreement as the City Attorney and City
Manager determine to be reasonable necessary to adequately protect the City; and
3. The Solid Waste Franchisee shall be required to cooperate with City in Solid Waste disposal
characterization studies and the preparation of waste stream audits, and to submit information
required by the City to meet the reporting requirements of AB 939, or any other law or regulation,
and to implement measures consistent with the City's Source Reduction and Recycling Element to
reach the Solid Waste and Recycling goals mandated by the AB 939 as it may be amended from
time to time.
4. The Solid Waste Franchisee shall provide commercial Recycling service in a manner to exceed or
meet compliance with AB 939, as it may be amended from time to time. Solid Waste Franchisee
will notify all Premises of the requirements to comply with the law and must provide the necessary
Ordinance No, 21-1053
Page 18 of 24
volume of Collection services in order for all Premises to be in full compliance with the law. The
Solid Waste Franchisee will conduct in -person outreach to all non -participating Premises a
minimum of once per calendar year or as identified within the Franchise Agreement.
5. The Solid Waste Franchisee shall provide services to ensure the City is in compliance with State
law diversion requirements and deliver all Green Materials to a processing facility.
Sec. 6-2C-11: Manner, Time and Frequency of Collection.
A. Regular Collection. The City's Solid Waste Franchisee(s) shall make arrangements with its Account Holders
specifying the manner in which Solid Waste Handling Services are to be regularly provided, subject to the
terms of its franchise.
Special Collections. The City's Solid Waste Franchisee(s) shall provide special Collections, such as Bulky
Item pick-up, in accordance with the Franchise Agreement. At minimum, the City's Solid Waste
Franchisee(s) shall provide on -call Collection of Bulky Items to its Account Holders, and shall provide its
Account Holders with Debris Boxes when requested and collect the Debris Box when the Account Holder
no longer requires the Debris Box.
Sec. 6-2C-12: Liability for Solid Waste Collection Fees.
A. Joint and Several Liability. The Owner of a Premises and the Account Holder for a Premises are jointly and
severally liable for Solid Waste Handling Services provided to the Premises by a Solid Waste Franchisee,
B. Delinquent Accounts. Any Premises that has a Solid Waste Handling Service account unpaid by the due
date listed on the Solid Waste Franchisee's billing statement shall be deemed delinquent. Except to the
extent otherwise provided by this Article, it shall be the sole responsibility of Solid Waste Franchisee to take
any authorized measures to collect any delinquent sums owed. Any delinquent fees or Solid Waste
Handling Service charges to be imposed in connection with delinquent accounts shall be set by Solid Waste
Franchisee and be subject to City Manager review. Solid Waste Franchisee may charge a fee for any check
returned for insufficient funds at a rate not exceeding the maximum rate set forth in the Franchise
Agreement.
Solid Waste Franchisee may discontinue Solid Waste Handling Services to any Premises that is delinquent
by 60 days or more. Prior to discontinuing service, Solid Waste Franchisee shall provide the Person in
Charge with notice that Solid Waste Handling Services may be discontinued fifteen (15) days from the date
of notice if payment is not made before that time. If payment is not made by the expiration of said fifteen
(15) day period, Solid Waste Franchisee may discontinue Solid Waste Handling Services forty-eight (48)
hours thereafter.
Solid Waste Franchisee shall resume Solid Waste Handling Services on the next regularly scheduled
Collection day for any Premises where Solid Waste Handling Service is discontinued upon receipt of
payment of all outstanding charges, including delinquent fees, any deposit required by this section, and any
fees for redelivery of equipment, or at such sooner time as directed to do so by City. Solid Waste Franchisee
may not charge for Solid Waste Handling Services during any period in which Solid Waste Handling Service
was suspended. Any delinquent fees or service charges to be imposed in connection with delinquent
accounts shall be set by Solid Waste Franchisee and is subject to City Manager approval.
A deposit equal to the maximum rate for one month's Solid Waste Handling Services, as such rates may be
amended from time to time, may be required of accounts which have been discontinued for non-payment
prior to re -instituting Solid Waste Handling Service at such accounts.
Sec. 6-2C-13: Recyclable Materials — Ownership, Right to Dispose.
Ordinance No. 21-1053
Page 19 of 24
Upon placement by the owner of Recyclable Material at a designated Recycling Collection location, or
placement of Recyclable Materials in a Container provided by the appropriate Solid Waste Franchisee, the
Recyclable Material becomes the property of the recycler or Solid Waste Franchisee, by operation of state
law.
B. Nothing in this Article shall limit the right of any person, organization or other entity to donate or, sell to third
parties its own Recyclable Material personally source separate from the Solid Waste stream owned by the
generator. For purposes of this provisions, no donation or sale shall be deemed to have occurred in any
instance where a generator directly or indirectly pays the third party any sum regardless of form or amount
(including without limit as a consulting fee, container rental, broker or other fees or tangible consideration)
either: (i) in lieu of being directly charged for collecting, transporting, processing or Recycling such item; or
(H) to offset the payment to the generator for the purported sale of such item to the third party. Nor shall the
receipt of a discount of, or reduction in, the disposal service rate on unsegregated Solid Waste containing
an item which would be Recyclable Material materials, if separated, be deemed to be the donation or sale
of such an item to a third party.
Sec. 6-2C-14: Landscapers — Disposal of Green Material.
Landscapers may collect, transport and compost or dispose of Green Material, provided that any such
Green Material is transported to a site permitted by CalRecycle or exempt from permitting.
Landscapers shall not contract with a Solid Waste Enterprise to collect, transport and compost or dispose
of Green Material unless that Solid Waste Enterprise has a franchise from the City to perform said services.
Sec. 6-2C-15: Licensed Contractors — Disposal of Construction & Demolition (C&D) Materials.
A. Prior to commencing any construction or demolition project, every applicant shall submit a properly completed
"Construction Waste Management Plan" (CWMP) to the CWMP Compliance Official or Building Inspector, in a
form as prescribed by that official, as a portion of the building or demolition permit process.
B. Submission of the CWMP - The completed CWMP shall contain, at a minimum, the following information:
(a) The estimated volume or weight of project waste to be generated by material type; and
(b) Declaration of whether the materials will be sorted on site or mixed; and
(c) The maximum volume or weight of such materials that can feasibly be diverted via reuse, Recycling
or salvage for future use or sale by material type; and
(d) The vendor(s) that the applicant proposes to use to haul the materials; and
(e) Facility(ies) the materials will be hauled to, and their expected diversion rates (by volume or weight)
by material type; and
(f) Estimated "feasible" volume or weight of construction and demolition waste that will be disposed of.
Because actual material weights are not available in this stage, estimates are used. In estimating the
volume or weight of materials as identified in the CWMP, the applicant shall use the standardized conversion rates
approved by the City of Temple City for this purpose. Approval of the CWMP as complete and accurate shall be a
condition precedent to the issuance of any building or demolition permit. If the applicant calculates the projected
estimated feasible diversion rate as described above, and finds the rate does not meet the diversion goal of 65%,
the applicant must then submit information supporting the lower diversion rate. If this documentation is not included,
the CWMP shall be deemed incomplete.
Ordinance No. 21-1053
Page 20 of 24
C. Compliance with the CWMP — Documentation — Prior to final inspection of any covered project, the applicant
shall submit to the CWMP Compliance Official or Building Inspector, documentation proving that it has met the
diversion requirement for the project. The diversion requirement shall be that the applicant has diverted at least
65% of the total C&D debris generated by the project via reuse or Recycling. This documentation shall include
all of the following:
(a) Receipts from the vendor or facility that collected or received each material showing the actual weight
or volume of that material; and
(b) A copy of the previously submitted CWMP for the project adding the actual volume of weight of each
material diverted and landfilled; and
(c) Any additional information the applicant believes is relevant to determining its efforts to comply in
good faith with this Article.
13. Licensed contractors performing work within the scope of their licenses within the City may collect, transport
and dispose or recycle self -generated Construction and Demolition Materials using their own vehicles and
employees, after obtaining a Self -Haul permit, provided that the licensed contractor adheres to the standards
for disposal of Construction and Demolition Material provided in the California Green Building Standards
Code (California Code of Regulations Title 24, Part 11), as those provisions may be amended. Construction
and Demolition Materials must be transported to a landfill or Recycling facility permitted by CalRecycle or
exempt from permitting.
E. Licensed contractors shall not contract with a Solid Waste Enterprise to collect, transport and dispose or
recycle of Construction and Demolition Materials unless that Solid Waste Enterprise has a franchise from
the City to perform said services.
Sec. 6-2C-16: Removal of Solid Waste.
No person other than the Person in Charge of any Premises or a City Solid Waste Franchisee shall:
1. Remove any Container from the location where the Container was placed for storage or Collection
by the Person in Charge of the Premises; or
2. Remove any Garbage, Recyclable Materials, Organic Materials, or Green Materials from any
Container; or
3. Move a Container from the location in which it was placed for storage or Collection without the prior
written approval of the Person in Charge of the Premises.
Sec. 6-2C-17: Bulky Items.
No person shall place Bulky Items adjacent to or in a street or public right-of-way for Collection or removal
purposes without first making arrangements with the appropriate Solid Waste Franchisee for the Collection or
removal of such Bulky Items.
Sec. 6-2C-18: Hazardous Waste.
Unless specifically provided for by the Solid Waste Franchisee and clearly designated for Hazardous Waste,
Household Hazardous Waste or Universal Waste, no person shall place or deposit Hazardous Waste, Household
Hazardous Waste, or Universal Waste in any Container provided by a Solid Waste Franchisee, or deposit, release,
spill, leak, pump, pour, emit, empty, discharge, inject, dump or dispose into the environment any Hazardous Waste,
Household Hazardous Waste or Universal Waste.
Ordinance No, 21-1053
Page 21 of 24
Sec. 6-2C-19: Solid Waste Burning.
No person shall burn any Solid Waste within the City, except in an approved incinerator or transformation
facility or other device for which a permit has been issued, and which complies with all applicable permit and other
regulations of air pollution control authorities, and provided any such act of burning in all respects complies with all
other laws, rules and regulations.
Sec. 6-2C-20: Franchise Required.
No person, except a Solid Waste Franchisee, a landscaper, or a licensed contractor performing work within
the scope of that license, shall collect or remove any Garbage, Recyclable Materials or Organic Material from any
Premises within the City.
Sec. 6-2C-21: Public Nuisance.
It is unlawful and a public nuisance if one of the following conditions exists at a Premises:
1. The Person in Charge of the Premises has not made arrangements with the appropriate Solid
Waste Franchisee for Solid Waste Handling Services;
2. The Person in Charge of the Premises has made arrangements with the appropriate Solid Waste
Franchisee for Solid Waste Handling Services, but the Solid Waste Franchisee has terminated
services to the Premises due to the Account Holder's failure to pay for such services; and
Sec. 6-2C-22: Unauthorized Disposal.
No person shall place anything in another person's Containers without the permission of such other person.
Sec. 6-2C-23: Spills.
It is unlawful for any person transporting Garbage, Recyclable Materials or Organic Material not to clean
up, or arrange for the cleanup, of any Garbage, Recyclable Materials or Organic Material Spilled during removal or
transport within the City by such person. If any person transporting Garbage, Recyclable Materials or Organic
Material Spills any such materials and does not clean up or arrange for the cleanup of the Spill, the City may clean
up the Spill and charge the person responsible for the Spill 100 percent of the costs the City incurred in cleaning up
the Spill.
Sec. 6-2C-24: Use of Containers.
B. Having or maintaining a Contaminated Container is prohibited and shall constitute a public nuisance. No
Person in Charge of a Premises shall keep Garbage, Recyclable Materials, Organic Material, or Yard Waste
in any Container other than a Container provided by the appropriate Solid Waste Franchisee. Recyclable
Materials must be separated by the Person in Charge of a Premises from Garbage, Organic Material, and
Yard Waste. Organic Material must be separated by the Person in Charge of a Premises from Garbage,
Recyclable Materials, and Yard Waste. Yard Waste must be separated by the Person in Charge of a
Premises from Garbage, Recyclable Materials, and Organic Material.
C. Any Container not provided by the appropriate Solid Waste Franchisee is prima facie evidence that the
owner of the Container is engaging in Solid Waste disposal in violation of this Article. Any such unauthorized
container may be abated as a public nuisance and impounded as provided in this Article.
Notwithstanding subsections (A) and (B) of this section, composting Organic Material at a Residential
Premise in a container other than one provided by a Solid Waste Franchisee shall not be a violation of this
section.
Ordinance No. 21-1053
Page 22 of 24
No Person in Charge of a Premises may place an Overfilled Container out for Collection by a Solid Waste
Franchisee. "Overfilled" means a Container filled in a manner such that the lid of the Container is unable
to fully close and exceeds a 45 -degree angle
Sec. 6-2C-25: Unlawful Dumping.
It is unlawful for any person to negligently or intentionally Spill upon any property within the City any
Garbage, Recyclable Materials or Organic Material, or to cause, suffer, or permit Garbage, Recyclable Materials or
Organic Material to be located upon any property in the City, except as authorized by law.
Sec. 6-2C-26: Solid Waste Facilities.
No person shall construct or operate a Solid Waste management facility, including but not limited to a
materials recovery facility, Solid Waste transfer or processing station, composting facility, a buy-back or drop-off
center, disposal facility or a Recycling center without first satisfying all City requirements for land use, environmental
and other approvals.
Sec. 6-2C-27: Enforcement.
A. Pursuant to California Penal Code Section 836.5, any City code enforcement officer is authorized to enforce
the provisions of this Article and as well as those of California Penal Code Sections 374, 374a, 374.2, 374.3,
374.4, 374d, 374.7, and 375; California Government Code Section 68055 et seq.; and California Vehicle
Code Sections 23111 and 23112.
Any violation of this Article may be enforced in any manner authorized by law, including but not limited to,
any enforcement mechanism set forth in the Act, a criminal citation, a civil citation, and/or administrative
citation, or nuisance abatement action as authorized by the City's Municipal Code. The City may
simultaneously pursue more than one method of enforcement for any violation of this Article.
Sec. 6-2C-28: Violation.
Except as otherwise provided in this Article, violations of this Article are punishable as set out in Title 1,
Chapter 2 of this Municipal Code.
Sec. 6-2C-29: Fines and Penalties
The City Council may, by resolution, establish fines and penalties for the violation of this Article and the Act.
Sec. 6-2C-30: Misdemeanor.
Violation of this Article shall be a misdemeanor. The City may cite violations as infractions where an
appropriate downgrade is approved by the City Prosecutor or City Attorney.
Sec. 6-2C-31: Attorney's Fees.
In any action or proceeding brought to enforce a violation of this Article, including but not limited to a
nuisance abatement action and an action to foreclose on a special assessment, the prevailing party shall recover
its reasonable attorney's fees and costs.
Sec. 6-2C-32: Impounding Containers.
Ordinance No. 21-1053
Page 23 of 24
Containers Subject to Impounding. Any Container within the City that is not provided by the appropriate
Solid Waste Franchisee may be impounded in accordance with this section. Containers used for
composting at Residential Premises, as allowed by this Article, shall not be subject to impounding pursuant
to this section.
B. Notice to Remove. The City Manager may cause a notice to remove to be posted on the illegal Container.
The notice to remove shall state that the Container must be removed from the Premises within three (3)
calendar days from the date the notice is posted on the Container or it will be removed and stored by the
City and the contents disposed of at the expense of the owner of the Container. The posting of the notice
to remove constitutes constructive notice to the owner of the Container and the Person in Charge of the
Premises that the Container must be removed from the Premises.
C. Removal of Containers. If the Container is not removed within three (3) calendar days of the notice to
remove, the City Manager may direct the removal and storage of the Container and the disposal of its
contents. The City may employ the services of its Solid Waste Franchisee(s) or any other contractor to
remove said Containers. Any person whose duty it is to remove and store Containers may enter upon private
property with the consent of the Owner or other Person in Charge of the Premises, or by authority of a
warrant, or without consent or a warrant if exigent circumstances exist.
D. Storage of Containers. After a Container is removed and placed in storage, the City Manager shall mail to
the owner of the Container a notice to claim the stored Container, if the identity of the owner of the Container
is known. The City Manager shall make reasonable efforts to identify the owner of a stored Container. If
the Container is not claimed within thirty (30) calendar days after notice to the owner is mailed, or thirty
(30) days after the Container is removed if the owner is not known, the Container shall be deemed
abandoned property and may be disposed of accordingly.
Release of Container. No Container shall be released to its owner unless the owner has paid the City for
the actual costs of the removal, storage and disposal of contents, plus any administrative and ancillary fees,
fines or penalties established by resolution of City Council. All amounts due to the City shall constitute a civil
debt owed to the City by the owner of the Container.
Sec. 6-2C-33: Edible Food Recovery Required.
A. Tier One Commercial Edible Food Generators shall comply with the requirements of Title 14, Division 7,
Chapter 12 of the California Code of Regulations commencing January 1, 2022. Tier Two Commercial
Edible Food Generators shall comply with the requirements of Title 14, Division 7, Chapter 12 of the
California Code of Regulations commencing January 1, 2024.
B. A large venue or large event operator that does not provide food services, but allows for food to be provided,
shall require food facilities operating at the large venue or large event to comply with the requirements of
Title 14, Division 7, Chapter 12 of the California Code of Regulations.
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 shelf haulers to the Food Recovery Organization for
food recovery.
a Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery
Organization or a food recovery service.
Ordinance No. 21-1053
Page 24 of 24
Commercial Edible Food generators and Food Recovery Organizations shall maintain a record
acceptable to City Manager in compliance with applicable law.
5. Keep records that include the following information, or as otherwise specified in Title 14 California
Code of Regulations Section 18991.4.