CHAPTER 1
GENERAL

Section 5100. Definitions.

Terms used or referred to herein in this chapter shall be defined as follows and not transferable to other sections:

The term “abandoned waste” shall mean Recyclable Materials, Organic Materials, Garbage, C&D, Excluded Waste, Bulky Items, or other materials which have been abandoned, littered, or illegally dumped in the public right of way or on public or DISTRICT property.

The term “AB 1826” shall mean the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as “AB 1826,” as amended, supplemented, superseded, and replaced from time to time.

The term “AB 341” shall mean the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, AB 341]), also commonly referred to as “AB 341”, as amended, supplemented, superseded, and replaced from time to time.

The term “AB 939” shall mean the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), also commonly referred to as “AB 939,” as amended, supplemented, superseded, and replaced from time to time.

The term “Affiliate” shall mean all businesses (including corporations, limited and general partnerships and sole proprietorships) which are directly or indirectly related to contractor by virtue of direct or indirect Ownership interest or common management. They shall be deemed to be “Affiliated with” contractor and included within the term “Affiliates” as used herein. An Affiliate shall include: (i) a business in which contractor has a direct or indirect Ownership interest, (ii) a business, which has a direct or indirect Ownership interest in contractor and/or (iii) a business, which is also Owned, controlled or managed by any business or individual which has a direct or indirect Ownership interest in contractor. For the purposes of this definition, “Ownership” shall mean ownership as defined in the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the Effective Date, provided that 10 percent shall be substituted for 50 percent in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than 10 percent shall be disregarded and percentage interests shall be determined on the basis of the percentage of voting interest of value which the ownership interest represents.

The term “agreement” shall mean the written document, including all exhibits, and any future amendments hereto, between District and contractor governing the provision of collection services.

The term “Alameda County Mandatory Recycling Ordinance” shall mean Alameda County Waste Management Authority Ordinance No. 2012-1 adopted on January 25, 2012, as amended, supplemented, superseded, and replaced from time to time, and sunset by Alameda County Waste Management Authority Ordinance No. 2021-02 on December 30, 2021.

The term “Alameda County Waste Management Authority Ordinance No. 2021-02” also known as Organics Reduction and Recycling Ordinance (ORRO). This Ordinance repeals WMA Ordinance 2012-1 (An Ordinance Requiring Actions to Reduce Landfilling of Recyclable and Organic Solid Wastes from Businesses, Multifamily Residences, and Self-Haulers) in its entirety in order to provide a single and comprehensive framework to achieve its purposes and comply with various state laws, including SB 1383.

The term “alternative daily cover (ADC)” shall mean disposal facility cover material, other than compostable material and at least six inches of earthen material, placed on the surface of the active face of the garbage fill area at the end of each operating day to control vectors, fires, odor, blowing litter and scavenging, as defined in Section 20164 of the California Code of Regulations.

The term “applicable law” shall mean all Federal, State, County, and local laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, Transportation, and Processing of Recyclable Materials, Organic Materials, Garbage, and C&D that are in force on the Effective Date and as may be enacted, issued or amended during the recurrent franchise agreement with ACI. Applicable Law includes, but is in no way limited to, AB 939, AB 341, AB 1826, SB 1383, Alameda County Waste Management Authority Ordinance No. 2021-02, and the Alameda County Mandatory Recycling Ordinance.

The term “approved back-up facility(ies)” shall mean any one of or any combination of the: Approved Back-up C&D Processing Facility; Approved Back-up Organic Materials Processing Facility; or Approved Back-up Recyclable Materials Processing Facility.

The term “approved back-up C&D processing facility” shall mean the Zanker Recycling Facility located in San Jose, CA which is owned and operated by Zanker Road Resource Management.

The term “approved back-up organic materials processing facility” shall mean the ACI Transfer Facility, which is owned and operated by Alameda County Industries, LLC.

The term “approved back-up recyclable materials processing facility” shall mean the Tri-CED Community Recycling Facility located in Union City, CA which is owned and operated by Tri-CED Community Recycling.

The term “approved C&D processing facility” shall mean the Davis Street Transfer Station, which is owned and operated by Waste Management.

The term “approved facility(ies)” shall mean any one of or any combination of the: Approved C&D Processing Facility; Approved Mixed Waste Processing Facility; Approved Organic Materials Processing Facility; Approved Recyclable Materials Processing Facility; Approved Reusable Materials Processing Facility; Approved Transfer Facility; Approved Back-up Facilities; and/or Designated Disposal Facility.

The term “approved mixed waste processing facility” shall mean the ACI MRF, which is owned and operated by Alameda County Industries, LLC.

The term “approved organic materials processing facility” shall mean the City of Napa Materials Diversion Facility, which is owned by City of Napa.

The term “approved processing facility(ies)” shall mean any one of or any combination of the: Approved C&D Processing Facility; Approved Mixed Waste Processing Facility; Approved Organic Materials Processing Facility; Approved Recyclable Materials Processing Facility; Approved Reusable Materials Processing Facility; and/or, Approved Transfer Facility.

The term “approved recyclable materials processing facility” shall mean the ACI MRF which is owned and operated by Alameda County Industries, LLC.

The term “approved reusable materials processing facility” shall mean the ACI Bulky Item Storage and Sorting Operation, which is owned and operated by Alameda County Industries, Inc.

The term “approved transfer facility” shall mean the ACI Transfer Facility, which is owned and operated by Alameda County Industries, Inc.

The term “bin” shall mean a Container with capacity of approximately one to seven cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front end-loading Collection vehicle.

The term “Board” shall mean the Board of Directors of the Castro Valley Sanitary District.

The term “bulky item” shall mean discarded appliances (including refrigerators), furniture, tires, carpets, mattresses, E-Waste, and similar large items which can be handled by two people, weigh no more than 200 pounds, and require special Collection due to their size or nature, but can be Collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. Bulky Items must be generated by the Customer and at the service address wherein the Bulky Items are Collected. Bulky Items do not include abandoned automobiles, large auto parts, trees, Construction and Demolition Debris, or items herein defined as Excluded Waste.

The term “business days” shall mean days during which the DISTRICT Offices are open to do business with the public.

The term “California Integrated Waste Management Act of 1989” shall mean Public Resources Code Section 40000 et seq.

The term “Canyonlands” shall mean an area in unincorporated Alameda County to the northeast, east, and southeast of Castro Valley that was annexed into the Castro Valley Sanitary District (the District) on July 9, 2015, by the Alameda Local Agency Formation Commission for the purposes of the District providing limited solid waste services only, and not wastewater or sewer within the Canyonlands area. No section of this Code pertaining to wastewater or sewer is applicable to the Canyonlands. Certain sections of this Code pertaining to collection services, recyclables, compostables, Bulky and Reuse pickup, and curbside pickup are unique to or exclude the Canyonlands and are provided for elsewhere in the ordinance codified in this section or by District policy.

The term “cart” shall mean the 20-, 32-, 64- or 96-gallon containers provided by the contractor, equipped with wheels and lids, which shall be placed in a centralized solid waste handling location for accumulation of solid waste by business customers and multifamily residential units and at street curbside by occupants of single-family residential units for collection by the contractor.

The term “centralized solid waste handling location” shall mean that point or points on multi-family residential property where residents of such units deposit their solid waste in large containers for collection by the contractor.

The term “change in law” shall mean the adoption, promulgation, or modification of any enforceable Federal, State or local rule, law, regulation, ordinance, permit or administrative agency guidelines duly adopted and promulgated officially in writing for uniform application occurring after the effective date of the current franchise agreement with ACI, if such change in law has a material adverse effect on the rights or obligations of any party to the franchise agreement and could not be reasonably predicted or provided for. “Change in law” does not include changes initiated by contractor. “Change in law” does not include any change relating to:

(1)    Taxation of income of contractor; or

(2)    The failure of contractor to comply with any legal requirement imposed by any governmental agency having or contending to have jurisdiction. In no event shall any change in law relieve contractor, its insurance company and/or its guarantor from its liability to indemnify District from any and/or all expenses of any nature whatsoever for closure/post-closure. Notwithstanding the foregoing and for purposes of clarification, contractor or District may apply for rate increases or decreases based on a change in law as defined herein affecting any costs including but not limited to those directly related to closure/post-closure activities concerning solid waste of District placed in landfill of contractor after the effective date of such change in law. As a result of either prior agreements between contractor and District, and/or as a result of the franchise agreement or the disposal agreement signed in conjunction with the agreement; provided, that District has fully performed, District cannot be required or obligated to contribute additional funds to closure/post-closure activities concerning municipal solid waste of District or the solid waste of any other agency or entity or individual placed in the landfill of contractor prior to the effective date of a change in law, except that the effective date shall be replaced by the date District is advised in writing by contractor of such change in law in the event such written notification is received by District more than 90 calendar days after the effective date of the change in law. It is understood that closure/post-closure is a series of events which are required, or otherwise performed, either during the operation or after closure of a landfill, or portion of a landfill, to comply with the terms of an approved closure/post-closure plan, or amendments thereto, as the result of legislation, rule, regulation, court decision or good engineering practices. Notwithstanding any other provisions of this definition, “change in law” shall not include such changes enacted or adopted prior to the effective date of the franchise agreement but which do not take effect until after the date of the agreement.

The term “collect or collection (or any variation thereof)” shall mean the act of collecting Recyclable Materials, Organic Materials, Garbage, C&D, Bulky Items, and other material at the place of generation in District.

The term “collection services” shall mean SFD collection services, MFD collection services, business collection services, District collection services and construction and demolition collection service.

The term “commencement date” shall mean the date specified in Section 2.1 of the current franchise agreement with ACI when Collection, Transportation, Processing, and Composting services required by this agreement shall be provided.

The term “commercial” shall mean of, from or pertaining to non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, governmental, religious, educational facilities, and industrial operations, but excluding businesses conducted upon Residential property which are permitted under applicable zoning regulations and are not the primary use of the property. Construction and demolition contractors shall be considered Commercial Generators regardless of the zoning of the property where construction and demolition is undertaken.

The term “compactor” shall mean a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. compactors include two to eight cubic yard bin compactors serviced by front-end loader collection vehicles and 10 to 50 cubic yard drop box compactors serviced by roll-off collection vehicles. contractor is not required to provide compactors. all compactors shall be customer-owned, or separately leased by customers. contractor shall not be responsible for providing compactors to customers.

The term “compostable material” shall mean food waste, yard trimmings, soiled paper, manure and feces from vegetarian animals, unflocked holiday trees, and those materials designated from time to time in District legislation for collection and recycling under the agreement which are segregated from municipal solid waste at the source of generation by the customer and set out for collection.

The term “composting or compost (or any variation thereof)” includes a controlled biological decomposition of Organic Materials yielding a safe and nuisance free compost product.

The term “construction and demolition debris (C&D)” shall mean and includes discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste. construction and demolition debris includes rocks, soils, tree remains and other yard trimmings which results from land clearing or land development operations in preparation for construction.

The term “construction and demolition debris processing facility” shall mean any facility designated by contractor and approved by the District for the receipt, storage, and processing of construction and demolition debris.

The term “container(s)” mean bins, carts, compactors, and drop boxes.

The term “contract administration fee” shall mean the fee paid by contractor to district as described in Section 7.1 of the current franchise agreement with ACI.

The term “contractor” shall mean Alameda County Industries CV Inc., organized and operating under the laws of the State operating through its officers, directors, employees, agents, companies, related-parties, affiliates, subsidiaries, and Subcontractors.

The term “contractor’s compensation” shall mean the monetary compensation received by contractor in return for providing services in accordance with the current franchise agreement with ACI as described in Article 8.

The term “contractor’s job truck” shall mean a wheeled vehicle used by contractor to collect bulky items or construction and demolition debris, the aggregate weight of which material is not more than 1,000 pounds.

The term “contractor’s proposal” shall mean the proposal submitted to District by contractor on December 8, 2017 for provision of collection and processing services and certain supplemental written materials, which are included as Exhibit G to the franchise agreement and are incorporated by reference.

The term “curb or curbside (or any variation thereof)” shall mean the location of a collection container for pick-up, where such container is placed on the street or alley against the face of the curb, or where no curb exists, the container is placed not more than five feet from the outside edge of the street or alley nearest the property’s entrance.

The term “customer” shall mean a generator of municipal solid waste, recyclables, compostable materials, or construction and demolition debris within the District’s jurisdiction including homeowners, managers or owners or occupants of rental single-family or multifamily dwellings, and business representatives. District residents who obtain a garbage exemption from the District based on criteria on the garbage exemption form shall not receive garbage (municipal solid waste) collection services.

The term “customer type” shall mean the customer’s sector category including, but not limited to, Single-Family, Multi-Family, Commercial, C&D, Drop Box, and DISTRICT.

The term “designated disposal facility” shall mean the Davis Street Resource Recovery Complex and Transfer Station located at 2615 Davis Street, San Leandro, CA, which is owned and operated by Waste Management of Alameda County. the designated disposal facility shall serve as the disposal site for all garbage collected by contractor (excluding processing residue).

The term “designated waste” shall mean non-hazardous waste which may pose special disposal problems because of its potential to contaminate the environment and which may be disposed of only in Class II disposal sites or Class III disposal sites pursuant to a variance issued by the California Department of Health Services. Designated waste consists of those substances classified as designated waste by the State, in California Code of Regulations Title 23, Section 2522 as may be amended from time to time.

The term “discarded” as used in this chapter shall mean the relinquishment of ownership after use by the delivery to a disposal facility, the abandonment in a public place, or the placement in or next to a container that is regularly emptied for disposal at the place of collection, recycling, or other processing, or unacceptable waste, except items that must be handled as hazardous, biohazardous, biological, toxic or infectious waste in accordance with rules and regulations of the Alameda County Environmental Health Department.

The term “disposal or dispose (or any variation thereof)” shall mean the final disposition of garbage at a disposal site.

The term “disposal contractor” shall mean the entity who has obtained from the District an agreement to provide disposal services.

The term “disposal facility” shall mean a facility for ultimate disposal of garbage.

The term “District” shall mean the Castro Valley Sanitary District and all the territory lying within its boundaries as presently existing or as such boundaries may be modified during the Term of the current franchise agreement with ACI.

The term “District contract manager” shall mean District’s Zero Waste Supervisor (or designee), who is responsible for the administrative management of the current franchise agreement. The District’s General Manager or Zero Waste Supervisor shall have the authority to designate a designee.

The term “District Fees” shall mean all fees payable to the District, identified and referenced in Article 7 of the current franchise agreement with ACI.

The term “District Offices” shall mean the District’s offices on Marshall Street and any subsequent administration or corporation sites created during the term of the current franchise agreement with ACI.

The term “diversion (or any variation thereof)” shall mean activities which reduce or eliminate the amount of solid waste to be disposed including, but not limited to, reuse, recycling, and composting.

The term “drop box” shall mean an open-top container with a capacity of 10 to 40 cubic yards that is serviced by a roll-off collection vehicle.

The term “dwelling unit” shall mean any individual living unit in a single-family dwelling (SFD) or multi-family dwelling (MFD) structure or building, a mobile home, or a motor home located on a permanent site intended for, or capable of being utilized for, residential living other than a hotel or motel.

The term “effective date” shall mean the date on which the latter of the two parties signs the current franchise agreement with ACI.

The term “excluded waste” shall mean hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that contractor reasonably believes would, as a result of or upon disposal, be a violation of local, State or Federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be disposed of in Class III landfills, waste that in contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose contractor or District to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, or household batteries when properly placed for collection by contractor as set forth in the current franchise agreement with ACI.

The term “exemption” shall mean when a customer is excluded from participation in a program or service. A customer who is granted a curbside exemption is excluded from participation in curbside collection services and receives backyard/side yard services for the same cost as curbside collection. A customer who is granted a garbage exemption is excluded from participation in garbage or municipal solid waste services and receives recycling and compostables services at a reduced rate for weekly service.

The term “extra service tags” shall mean tags approved by District and provided by the Contractor which may be purchased by residents and affixed to a bag provided by residents for the collection of garbage overages.

The term “E-Waste” shall mean discarded electronic equipment including, but not limited to, televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices. Some E-Waste or components thereof may be hazardous waste or include hazardous substances and thus require special handling, processing, or disposal.

The term “Federal” shall mean belonging to or pertaining to the government of the United States of America.

The term “fixed body vehicle” shall mean any wheeled vehicle that does not rely on a drop box or other detachable container to collect, contain and transport material. Dump trucks shall be considered fixed body vehicles.

The term “food scraps” shall mean solid waste that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) discarded paper that is contaminated with food scraps; (iv) fruit waste, grain waste, dairy waste, meat, and fish waste; (v) non-recyclable paper or contaminated paper; and, (vi) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of residential dwellings. food scraps are a subset of organic materials. Food scraps excludes fats, oils, and grease, when such materials are source separated from other food scraps.

The term “garbage” shall mean solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, §40191 and regulations promulgated hereunder. Excluded from the definition of garbage are excluded waste, C&D, source separated recyclable materials, source separated organic materials, and radioactive waste. Notwithstanding any provision to the contrary, garbage may include de minimis volumes or concentrations of waste of a type and amount normally found in residential garbage after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Garbage includes salvageable materials only when such materials are included for collection in a garbage container not source separated from garbage at the site of generation.

The term “generator” shall mean any person whose act or process produces solid waste as defined in the Public Resources Code, or whose act first causes solid waste, as defined herein, to become subject to regulation.

The term “green waste” shall mean untreated and unpainted wood, pruning, brush, leaves, or grass clippings and such other types of waste resulting from normal yard and landscaping maintenance that may be specified in District legislation for collection and processing as compostable materials under the agreement. Green waste must be generated by the customer and at the service address wherein the green waste is collected, segregated from municipal solid waste at the source of generation and set out by the customer for collection. Green waste does not include items herein defined as unacceptable waste.

The term “gross receipts” shall mean total cash receipts collected from customers by the contractor for the provision of services pursuant to the current franchise agreement with ACI, without any deductions. Gross receipts do not include revenues from the sale of recyclable materials.

The term “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 (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, 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 §7901 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 pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl’s (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.

The term “Hazardous Waste” shall mean all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State in 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 U.S. 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.

The term “holidays” are defined as New Year’s Day, Thanksgiving Day, and Christmas Day.

The term “home composting” shall mean the process by which individual residents convert compostable materials generated on their own premises into a soil amendment which is then used on the premises.

The term “Household Hazardous Waste” or “HHW” shall mean hazardous waste generated at residential premises within the District. HHW includes: paint, stain, varnish, thinner, adhesives, auto products such as old fuel, used motor oil, used oil filter, batteries, household batteries, fluorescent bulbs, tubes, cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets.

The term “infectious waste” shall mean biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time.

The term “liquidated damages” shall mean the amounts due by contractor for failure to meet specific quantifiable standards of performance as described in Section 10.6 and Exhibit F of the current franchise agreement with ACI.

The term “mandatory commercial recycling” shall mean the requirement for all multi-family dwellings and all commercial units to subscribe to weekly recycling and organics collection service from contractor that is sufficient as described hereinafter in this chapter and in Alameda County Ordinance No. 2021-02.

The term “mixed C&D” shall mean C&D materials which have not been source separated into homogeneous material streams of like materials and which require sorting and processing prior to recycling.

The term “move-in kit” shall mean a pre-prepared and standardized collection of useful items to be given by property managers or owners of multi-family premises to new multi-family tenants upon move-in to a multi-family dwelling unit. at a minimum, move-in kits shall include a multi-family recycling guide, a personal recycling bin, and stickers or refrigerator-magnets that clearly define the accepted and prohibited materials in the recycling program.

The term “mulching” shall mean the mechanical process of converting organic matter into a soil cover or amendment through sorting, grinding or chipping, and screening.

The term “multi-family, multi-family dwelling or MFD” shall mean any residential premises, other than a single-family premises, with five or more dwelling units used for residential purposes (regardless of whether residence therein is temporary or permanent), other than a hotel or motel, including such premises when combined in the same building with commercial establishments, that receive centralized collection service for all units on the premises which are billed to one customer at one address. Customers residing in apartments, townhomes, flats, mobile homes, condominiums, or other structures with five or more dwelling units who elect to receive individual service and are billed separately shall not be considered multi-family unless and until that customer elects to receive combined service and/or billing.

The term “multi-family residential unit” shall mean:

(1)    Each separate housekeeping unit in buildings containing five or more such units; or

(2)    A single-family dwelling unit contained within condominium-type development, if such dwelling unit utilizes a centralized solid waste handling location and does not have individual access to a curb.

The term “municipal solid waste” or “MSW” except as provided below shall mean all “solid waste” as defined in California Public Resources Code Section 40191, as that section may be amended from time to time, which is generated within the District. “Municipal solid waste” shall mean all putrescible and nonputrescible solid, semi-solid and liquid wastes, including garbage, trash, refuse, paper, rubbish, cool ashes, industrial wastes, bulky goods, brown goods, dewatered, treated or chemically fixed wastewater sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded wastes, but does not include abandoned vehicles, hazardous waste or other unacceptable waste. Municipal solid waste may include recyclables, compostable materials, and construction and demolition debris if such materials are not source separated from MSW at the site of generation or collected for recycling, composting, processing and marketing.

The term “non-collection notice” shall mean a District-approved form developed by contractor and provided at contractor’s cost at least two inches by six inches in size, on which contractor has provided contractor’s phone number and indicated the reasons for contractor’s refusal to collect material, giving reference to the section of District legislation or to the section of the current franchise agreement with ACI which has been violated, and which gives grounds for contractor’s refusal either in writing or by means of a check system.

The term “Occupant” shall mean the person who occupies a premises.

The term “organic materials” shall mean those yard trimmings, food scraps, soiled paper (including facial tissues, paper towels, napkins, waxed paper, paper plates and cups, to-go containers, food-service wrappers, pizza boxes, cardboard boxes, shredded paper, paper cartons [such as those used for milk or ice cream] etc.; excluding aseptic containers and paper soiled by blood, urine, and/or feces), compostable serve-ware and bags, pet hair and fur, vegetarian animal feces, and those materials designated from time to time in District, County, or State legislation for collection and recycling under the current franchise agreement with ACI and which are specifically accepted at the approved organic materials processing facility. No discarded material shall be considered to be organic materials, however, unless it is separated from recyclable materials and garbage.

The term “organic waste” has the same meaning as defined in Alameda County Waste Management Authority Ordinance 2021-02.

The term “overage” shall mean an amount of municipal solid waste in excess of the capacity of the municipal solid waste containers for which a customer has subscribed.

The term “owner” shall mean the person(s) holding legal title to real property and/or any improvements thereon, and shall include the person(s) listed on the latest equalized assessment roll of the County Assessor.

The term “paper garden bags” shall mean a paper bag approved by District and provided by the contractor which may be purchased by residents for the collection of organic materials overages.

The term “party or parties” shall mean the District and contractor, individually or together.

The term “person(s)” shall mean any individual, firm, association, organization, partnership, consortium, corporation, trust, joint venture, commercial entity, governmental entity, public entity, or any other legal person.

The term “personal recycling bin” or “PRB” shall mean a small easily portable container with a capacity of at least three gallons to be included by contractor in the multi-family move-in kit to facilitate convenient accumulation of recyclable materials within a multi-family dwelling unit.

The term “premises” shall mean any land or building in the District where recyclable materials, organic materials, garbage, or C&D are generated or accumulated.

The term “processing” shall mean to prepare, treat, or convert through some special method.

The term “processing facility” shall mean any plant or site used for the purpose of sorting, cleansing, treating or reconstituting recyclable materials, reusable materials, or C&D for the purpose of making such material available for recycling or reuse or the facility for the processing and/or composting of organic materials.

The term “processing residues” shall mean materials remaining after the processing of recyclables, compostable materials, bulky goods and construction and demolition debris, which cannot reasonably be diverted from the landfill.

The term “public litter containers” shall mean public containers distributed on sidewalks and in other public places in the District for the collection of recyclable materials, organic materials, and/or garbage.

The term “putrescible” shall mean anything capable of biologically decaying, rotting, or spoiling.

The term “rate” shall mean the maximum amount, expressed as a dollar unit, approved by the District that the contractor may bill a customer for providing services under the current franchise agreement with ACI. A Rate has been established for each individual service level and the initial rates for Rate Period One are presented in Exhibit G3 of the franchise agreement. The rates approved by District are the maximum rate that contractor may charge a customer and contractor may, in its sole discretion, charge any amount up to and including the maximum rate approved by the District.

The term “rate period” shall mean a 12-month period, commencing July 1st and concluding June 30th with the exception that Rate Period One shall begin on the commencement date, and end on June 30th of the following year (i.e., 14-month period).

The term “recyclable materials” shall mean solid waste that: the generators set out in recyclables containers for collection for the purpose of recycling by the contractor that are at least 90 percent recyclable and that exclude excluded waste. No solid waste shall be considered recyclable materials unless such material is separated from organic materials, garbage, and C&D. Recyclable materials shall include, but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal, and other similar food boxes yet excluding paper tissues, paper towels, paper with plastic coating, paper contaminated with food, wax paper, foil-line paper, Tyvex non-tearing paper envelopes); chipboard; corrugated cardboard; glass containers of any color (including brown, clear, and green glass bottles and jars); aluminum (including beverage containers and small pieces of scrap metal); steel, tin or bi-metal cans; mixed plastics such as plastic containers (no. 1 to 7), except expanded Polystyrene (EPS); bottles including containers made of HDPE, LDPE, or PET; dry cell household batteries when placed on the recycling cart in a sealed heavy-duty plastic bag; and, those materials added by the contractor from time to time. The term “recycle or recycling” shall mean the process of sorting, cleansing, treating, and reconstituting at a recyclable materials processing facility materials that would otherwise be disposed of at a landfill for the purpose of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted products.

The term “refuse” shall mean all putrescible and nonputrescible solid and liquid waste, except wastewater, whether combustible or noncombustible, also referred to as municipal solid waste (MSW), recyclables, compostables, and construction and demolition debris, which may or shall be placed in a container for collection.

The term “Related Party Entity” (whether capitalized or not) shall mean any Affiliate which has financial transactions with contractor pertaining to the current franchise agreement with ACI that have been approved by the District.

The term “Related Party Entity Transaction” (whether capitalized or not) shall mean any financial transaction between contractor and a Related Party Entity pertaining to the current franchise agreement with ACI that has been approved by the District.

The term “residential” shall mean of, from, or pertaining to a single-family premises or multi-family premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, cooperative apartments, and yacht harbors and marinas where residents live aboard boats.

The term “residue” shall mean those materials which, after processing, are disposed rather than recycled due to either the lack of markets for materials or the inability of the processing facility to capture and recover the materials.

The term “reusable materials” shall mean items that are capable of being used again after minimal processing. Reusable materials may be collected source separated or recovered through a processing facility.

The term “roll-off collection services” shall mean the service provided to customers for the collection of discarded material using a roll-off container.

The term “roll-off container” shall mean a metal container of between six and 50 cubic yards that is normally loaded onto a motor vehicle and transported to an appropriate facility. A roll-off container may be open topped or enclosed with or without a compaction unit.

The term “roll-out cart or cart” shall mean a heavy plastic receptacle with a rated capacity of at least 20 gallons and not more than 96 gallons, having a hinged tight-fitting lid, and two wheels that is approved by the District and is labeled as designated by the District.

The term “salvageable material” shall mean those materials which may be reused in their existing form or may be recycled for reuse after some form of processing.

The term “SB 1383” shall mean the Short-Lived Climate Pollutants Act of 2016 (an act to add Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and to add Chapter 13.1 [commencing with Section 42652] to Part 3 of Division 30 of the Public Resources Code, relating to methane emissions), also commonly referred to as “SB 1383,” as amended, supplemented, superseded, and replaced from time to time.

The term “self-haul customer” shall mean a generator of recyclable materials, organic materials, garbage, and/or construction and demolition debris within the District’s jurisdiction who delivers materials to a permitted facility rather than to the contractor.

The term “service level” shall means to the size of a customer’s container and the frequency of collection service.

The term “side/backyard service” shall mean special carryout services for those single-family dwelling and multifamily dwelling customers with individually billed roll-out cart service, who are determined to have difficulty doing so themselves due to physical or mental limitations or disabilities at no cost to the customer. Contractor and customer shall negotiate directly to determine a reasonable spot for the carts to be placed to facilitate collection. The contractor shall evaluate applications for side/backyard service based on reasonable criteria. The contractor may charge for side/backyard service only when it is requested by an otherwise capable customer solely for the customer’s convenience. There is an additional charge for this service for a 32-gallon cart. Canyonlands customers are not eligible for this service, except for customers with a curbside exemption.

The term “single-family, single-family dwelling or SFD” shall mean, notwithstanding any contrary definition in District Code, any detached or attached house or residence designed or used for occupancy by a number of persons living together as one family having a bathroom or toilet and kitchen plumbing facilities; provided, that collection service feasibly can be provided to such premises as an independent unit, and the owner or occupant of such independent unit is billed directly for the collection service. Single-family includes residential units of a duplex, tri-plex, or four-plex residential structure.

The term “single-family residential unit” shall mean:

(1)    A detached single-family dwelling unit; or

(2)    A single-family dwelling unit contained within condominium-type development, if such dwelling unit subscribes to individual garbage collection service and has access to a curb; or

(3)    Each separate housekeeping unit in a duplex, triplex, fourplex, or mobile home park.

The term “single stream recycling” shall mean all recyclables, with the exception of batteries and waste oil and waste oil filters, placed in one recycling cart.

The term “solid waste” has the same meaning as defined in Alameda County Waste Management Authority Ordinance 2021-02.

The term “source separated” shall mean the segregation, by the generator, of materials designated for separate collection for some form of recycling, composting, recovery, or reuse.

The term “special event collection service” shall mean the collection of MSW, recyclable materials and other materials as appropriate at District-sponsored special events.

The term “specialty recyclable material” shall mean material not specified in the current franchise agreement with ACI that can be or will be collected for purposes of recycling. Such specialty recyclable material may include, but is not limited to, scrap metal, high-grade paper (including office mixed paper), pallets, and plastic film.

The term “State” shall mean the State of California.

The term “StopWaste” shall mean the Alameda County Waste Management Authority, its Board of Directors, staff, and/or agents.

The term “subcontractor” shall mean a party who has entered into a contract, express or implied, with the contractor for the performance of an act that is necessary for the contractor’s fulfillment of its obligations for providing service under the current franchise agreement with ACI. Notwithstanding any other provision in the franchise agreement, vendors providing materials, supplies or professional services to contractor, and approved facilities, and any subcontractors of approved facilities, that are not Affiliates of contractor, shall not be considered subcontractors for any purpose under this Agreement.

The term “Term” shall mean the Term of the current franchise agreement with ACI, including extension periods if granted, as provided for in Article 2 of the agreement.

The term “textiles” shall mean discarded fabric-, or cloth-based household items including, but not limited to, clothing (including shirts, pants, dresses, and coats), household linens (including bed sheets, blankets, and towels), and shoes.

The term “ton” or “tonnage” shall mean a unit of measure for weight equivalent to 2,000 standard pounds where each pound contains 16 ounces.

The term “transfer” shall mean the act of transferring the materials collected by contractor in its route vehicles into larger vehicles for transport to other facilities for the purpose of recycling, composting, or disposing of such materials.

The term “transfer station” shall mean the facility designated by contractor and approved by the District for the transfer of some or all of the discarded material collected under the agreement. The Davis Street Transfer Station has been designated by contractor as a transfer station and approved by the District pursuant to the agreement.

The term “transportation” or “transport” shall mean the act of conveying collected materials from one location to another.

The term “unacceptable waste” shall mean any and all waste, including but not limited to hazardous waste, the acceptance or handling of which would cause a violation of any permit condition or legal or regulatory requirement, damage or threatened damage to contractor’s equipment or facilities, or present a substantial endangerment to the health or safety of the public or contractor’s personnel; provided, that de minimis quantities or waste of a type and amount normally found in residential municipal solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code shall not constitute unacceptable waste. Unacceptable waste does not include waste oil, waste oil filters, or household batteries when placed for collection as set forth in the agreement or as otherwise directed by the District.

The term “Universal Waste (U-Waste)” shall mean all wastes as defined by Title 22, Subsections 66273.1 through 66273.9 of the California Code of Regulations. These include, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and E-Waste.

The term “used cooking oil” shall mean oils or fats that have been used for the cooking or frying of food.

The term “used motor oil” shall mean used oil fluids for vehicles including motor oil, brake, transmission and hydraulic fluids, crankcase and differential oils, lubricating oils for vehicles, and may also be used to refer to oil filters from automobiles and light trucks.

The term “used oil recovery kit” shall mean a kit containing: one reusable plastic jug of at least one gallon capacity with a leak-proof watertight screw-on top to contain used motor oil or used cooking oil; one six mil plastic disposable resealable bag with double track seal of sufficient capacity to accommodate one used motor oil filter; and, a flyer, brochure, or other informational media approved by the District intended to educate customers about the Used Motor Oil and Used Cooking Oil Collection programs and the benefits resulting from the proper handling of used motor oil, used motor oil filters, and used cooking oil. The used oil recovery kit is to be provided to customers by contractor to recover used motor oil, used motor oil filters, and/or used cooking oil from single-family residents.

The term “weekly” shall mean once per week.

The term “white goods” shall mean discarded household appliances such as washers, dryers, refrigerators, stoves, water heaters, freezers, small air conditioning units, and other similar items.

The term “work day” shall mean any day, Monday through Saturday, that is not a holiday as set forth in Section 6.08 of the agreement.

The term “yard trimmings” shall mean solid waste that will decompose and/or putrefy, including, but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, cactus, palm, small pieces of unpainted and untreated wood, and other types of organic materials resulting from normal yard and landscaping maintenance that may be specified in District Legislation for collection and processing as organic materials under the current franchise agreement with ACI. Yard trimmings does not include items herein defined as excluded waste. Yard trimmings are a subset of organic materials. Yard trimmings placed for collection may not exceed six inches in diameter and three feet in length and must fit within the contractor-provided container.

(§1, Ord. 3, 01-28-41)

(Amended, §1, Ord. 33, 07-16-56)

(Amended, §1, Ord. 54, 11-11-76)

(Amended, §1, Ord. 98, 11-03-92)

(Amended, §1, Ord. 108, 09-06-94)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 138, 04-07-09)

(Amended, §1, Ord. 156, 07-01-12)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 167, 10-13-15)

(Amended, §1, Ord. 168, 12-15-15)

(Amended, §1, Ord. 180, 02-05-19)

(Amended, §1, Ord. 190, 09-07-21)

Section 5101. General Provisions.

It shall be mandatory that all occupied residential or commercial units within the limits of the District have solid waste collection service at least weekly as herein specified. An exception may be made to the requirement for such service under the circumstances specified herein below and upon application therefore; or as authorized by the District.

The owner or occupant shall initiate solid waste collection service within 15 days of occupancy of any residential or commercial unit as the same as defined in Section 5100 of this Chapter. Should the owner or occupant fail to initiate refuse collection service, the District may, of its own volition, authorize the initiation of such service. Such action may be taken by the District if a determination is made that the absence of solid waste collection service creates a risk to the public health, a degradation of the environment or a substantial deterioration of the aesthetics of the surroundings. Authorization by the District of the initiation of solid waste collection service shall not relieve the owner of the obligation to pay for such service.

If any owner or occupant believes they would qualify for an exemption to the requirement of garbage collection service, they shall apply to the District, or the Contractor if directed by the District, in writing, stating the circumstances which would allow an exemption to weekly garbage collection service. In general, an exemption to weekly garbage collection service may be granted if the owner or occupant does not prepare or consume any food on the premises, if the owner or occupant delivers their own garbage to an authorized disposal facility and can produce proof satisfactory to the District that such alternative means of disposal is being employed, if no solid waste of any kind is being generated on the premises, or if garbage service is shared with another owner or occupant in the Castro Valley Sanitary District. In all cases where exceptions are granted, the premises must, at all times, be kept in a sanitary condition which does not cause a nuisance to others. Upon a determination that the application for exception should be granted, the District or the contractor shall authorize such exception, in writing. If the circumstances which allowed the exception should change, the owner or occupant shall then initiate weekly garbage collection service in accordance with the provisions of this Section. The District may require re-authorization of such exemption from time to time. This provision shall not be construed as authorizing a recycling or compostables collection service exemption.

(Amended, §1, Ord. 180, 02-05-19)

Section 5101.1. More Frequent Collection of Solid Waste.

Where a duly authorized representative of the District determines that it is necessary because of the propagation of vectors or for the protection of public health, safety or welfare that solid waste collection is required more frequently than once per week, the generator of the solid waste shall cause more frequent collection to be performed, as required by a duly authorized representative of the District.

(Amended, §1, Ord. 180, 02-05-19)

Section 5101.2. Solid Waste Accumulation.

All solid waste accumulation within the District, of whatever kind, shall be offered for collection and disposal by the contractor except:

(a)    That accumulated by residents for home composting, provided such accumulation complies with all applicable provisions of this article. Compostable food waste, as defined in this chapter, may only be excluded from collection by the contractor when utilized by the resident for the purpose of home composting in strict accordance with Section 5107 of this Code.

(b)    That accumulated by Canyonlands customers for composting or agriculture purposes. Solid waste accumulation must comply with Alameda County General Code Chapter 6.28, Farming Rights; Chapter 6.32, Fly Control; and Chapter 6.64, Rural and Urban Residential, and Nonresidential Property Nuisances.

In all cases where materials are not offered for collection, as specified above, such accumulations shall be maintained in a sanitary condition and shall be subject to the requirements of any other responsible agency, such as the Alameda County Department of Environmental Health or the local Fire Marshal.

(Amended, §1, Ord. 167, 10-13-15)

(Amended, §1, Ord. 180, 02-05-19)

Section 5101.3. Collection and Transportation of Solid Waste.

No person shall dump, place, or bury in any lot, land, street, alley, or other public place, or in any water or waterway, or elsewhere within the limits of the Castro Valley Sanitary District any garbage, trash, rubbish, manure, or waste matter, except as herein provided, without the consent of the Castro Valley Sanitary District.

A duly authorized representative of the District shall visit all premises within the corporate limits of the Castro Valley Sanitary District from time to time to examine the sanitary condition of said premises to determine whether there is compliance with the provisions of this Article. Upon notification by a duly authorized representative of the Castro Valley Sanitary District, all persons, including the Contractor, shall comply with the provisions of this Article or be deemed guilty of a misdemeanor.

Every person owning any premises where solid waste of any kind is produced or accumulated shall provide and maintain on the premises, in a suitable place readily accessible to a duly authorized representative of the District, containers of sufficient capacity and number to store the accumulations of solid waste or refuse during the intervals between collections or disposal.

No solid waste containers, other than those of the District, shall be placed, kept, stored or located within the right-of-way of a street or alley; provided, however, that the District may authorize the location of such containers within the public right-of-way at specific places and times when such location is necessary for the expeditious collection and disposition of solid waste by the District.

In all cases of disputes or complaints arising from or concerning the place where containers for solid waste shall be placed awaiting removal of their contents, the quantities to be removed, the number of times of removal, or the rates charged, the duly authorized representative of the District shall designate the place, the estimated quantity, the times and manner of removal, or the rates, and that decision shall be final.

(Amended, §1, Ord. 180, 02-05-19)

Section 5101.4. Interference With Collector Prohibited.

It shall be unlawful for any person to in any manner interfere with the collection, removal, processing of or disposal of refuse by the authorized Contractor.

(Amended, §1, Ord. 180, 02-05-19)

Section 5101.5. Solid Waste Services Charges.

A charge shall be collected by the contractor from the owner or occupant of all occupied premises within the limits of the Castro Valley Sanitary District for services rendered. In the event of failure on the part of any owner or occupant to make payment for refuse collection services rendered, the refuse collector contractor may request enforcement of payment in accordance with the provisions of Chapter 6 of this Article.

(§2, Ord. 3, 01-28-41)

(Amended, §1, Ord. 54, 11-11-76)

(Amended, §2, Ord. 98, 11-03-92)

(Amended, §2, Ord. 108, 09-06-94)

(Amended, §1, Ord. 113, 09-03-96)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 180, 02-05-19)

Section 5102. Preparation.

Every person in possession, charge, or control of any commercial establishment, or residential unit, and every other person having refuse in the Castro Valley Sanitary District shall be provided the appropriate size carts or containers for their types of refuse.

Such carts or containers shall be kept in a sanitary condition by the owners thereof and the covers shall not be removed except for the purpose of placing refuse therein or removing refuse therefrom, and shall at all times be proof against the harboring and breeding of rodents, insects, and other vermin to the contents thereof.

Such carts, together with its contents, shall not exceed the following weight limits:

122 pounds for a cart with a capacity of twenty gallons;

122 pounds for a cart with a capacity of thirty-two gallons;

227 pounds for a cart with a capacity of sixty-four gallons;

332 pounds for a cart with a capacity of ninety-six gallons;

The provisions of this Section do not prohibit the use of containers suitable for collection by front-end loaders or dumpsters by those establishments using such service.

At no time shall the Contractor be compelled to remove refuse not in a cart or container with the exception of batteries, cardboard, Used Cooking Oil, textiles, Used Motor Oil and Used Motor Oil Filters when placed for collection as set forth in the Agreement or as otherwise directed by District personnel.

Carts shall be placed on resident’s property until time for collection, when they shall be placed street curbside, and shall not be left on the street for more than twenty-four hours, in accordance with the Alameda General Code, Ch.6.64.030,c.3.

In the event the Recycling Cart or Carts are full, flattened corrugated cardboard of a size not exceeding four feet by four feet (4' x 4') may be placed beside the Recycling Cart or Carts for Collection.

(Amended, §1, Ord. 180, 02-05-19)

Section 5102.1. Holiday Trees.

Contractor shall collect holiday trees, or similar holiday bushes, from residential customers and schools within the District during the two-week period beginning with the first Monday in January 2020 and annually thereafter during the term of the agreement as part of the compostable materials services provided under the agreement. Holiday trees shall be collected at the curb or in the case of schools at such collection point as is agreed to between the contractor and the school. To the extent they are properly set out, holiday trees shall be collected on the regular collection day for each single-family dwelling customer during the two-week period. At the end of the two-week period during the month of January, holiday tree disposal by residential customers and schools in the District must be made in the roll-out carts provided to such customers for the collection of compostable materials under the agreement. Holiday tree collection services shall be provided at no additional cost to the District or the customer. Contractor shall not collect holiday trees from Canyonlands customers.

Holiday trees that are flocked shall be collected but may be delivered to the disposal facility at the discretion of the contractor. Holiday trees that contain tinsel or other decorations, or are attached to a tree stand, are not required to be collected. In the event of non-collection contractor shall affix to the holiday tree a non-collection notice explaining why collection was not made and how the tree may be properly disposed of and shall maintain a copy of such notice during the term of the agreement.

(Amended, §1, Ord. 167, 10-13-15)

(Amended, §1, Ord. 180, 02-05-19)

Section 5102.2. Used Cooking Oil, Used Motor Oil, Used Motor Oil Filters, and Used Motor Oil Jug.

Within three Work Days of receipt of a verbal request of District or a Customer, Contractor shall, at Contractor’s sole cost and expense, provide the Single Family Dwelling Customer at their Residence with Used Motor Oil Jug and Used Motor Oil Filter Bags in the number requested by the District or the Service Recipient but not exceeding a number sufficient to hold 16 quarts of Used Cooking/Motor Oil and two Used Motor Oil Filters.

At the time Contractor Collects Used Cooking or Motor Oil from a SFD Customer, Contractor shall, at Contractor’s sole cost and expense, leave at the premises one Used Cooking/Motor Oil Jug for each Used Cooking/Motor Oil Jug Collected and one Used Motor Oil Filter Bag for each Used Motor Oil Filter Jug Collected. Contractor shall keep the outside of all Used Cooking/Motor Oil and Used Motor Oil Filter Bags clean and may re-use the bags until the condition of the bag makes it inappropriate for re-use.

(Amended, §1, Ord. 180, 02-05-19)

Section 5102.3. Ashes.

No person shall place or keep hot ashes, hot cinders, or any burning matter in any refuse container.

(§3, Ord. 3, 01-28-41)

(Amended, §1, Ord. 39, 12-18-62)

(Amended, §1, Ord. 54, 11-11-76)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 148, 04-07-09)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 180, 02-05-19)

Section 5103. Collection of Refuse.

Residential and commercial collection service shall be provided not less than once per week. The time of collection shall be between the hours of 6:00 a.m. and 6:00 p.m. in the residential areas, 5:00 a.m. and 6:00 p.m. on Crow Canyon Road east of Coldwater Drive and Palomares Road in the Canyonlands area, and between the hours of 4:00 a.m. and 10:00 p.m. in all other areas.

SFD and MFD collection services shall be provided, commencing no earlier than 6:00 a.m. (5:00 a.m. on Crow Canyon Road and Palomares Road in the Canyonlands area) and terminating no later than 6:00 p.m. Monday through Friday with no service on Saturday (except for holiday service) or Sunday. The hours, days, or both of collection may be extended due to extraordinary circumstances or conditions with the prior written consent of the Contract Administrator.

Business and District collection service shall be provided, commencing no earlier than 4:00 a.m., and terminating no later than 10:00 p.m., Monday through Saturday except collection shall begin no earlier than 6:00 a.m. or end later than 6:00 p.m. within 200 feet of residential properties. The hours, days, or both of collection may be extended due to extraordinary circumstances or conditions with the prior written consent of the Contract Administrator.

Contractor shall not be required to provide collection services or maintain office hours on the following designated holidays: Thanksgiving Day, December 25th, and January 1st. In any week in which one of these holidays falls on a work day, single-family dwelling collection services for the holiday and each work day thereafter will be delayed one work day for the remainder of the week with normally scheduled Friday collection services being performed on Saturday. Multifamily dwelling, business and District collection services shall be adjusted as agreed between the contractor and the customer but must meet the minimum frequency requirement of one time per week.

(§4, Ord. 3, 01-28-41)

(Amended, §1, Ord. 54, 11-11-76)

(Amended, §1, Ord. 148, 04-07-09)

(Amended, §1, Ord. 170, 04-05-16)

(Amended, §1, Ord. 172, 04-04-17)

(Amended, §1, Ord. 180, 02-05-19)

Section 5104. Method of Hauling.

Modern garbage, recycling and compostables collection motor vehicles having watertight bodies shall be used for the collection and transportation of all such refuse within the Castro Valley Sanitary District. The outside of such bodies shall be maintained in a clean condition and the inside cleaned and washed frequently enough to keep them reasonably odor-free.

All equipment used by Contractor in the performance of services under the Agreement shall be of a high quality. The vehicles shall be designed and operated so as to prevent Collected materials from escaping from the vehicles. Hoppers shall be closed on top and on all sides with screening material to prevent Collected materials from leaking, blowing or falling from the vehicles. All trucks and containers shall be watertight and shall be operated so that liquids do not spill during Collection or in transit.

(Amended, §1, Ord. 180, 02-05-19)

Section 5104.1. Vehicle Clean Air Requirements.

During the term of the Agreement, to the extent required by law, Contractor shall provide its Collection vehicles to be in full compliance with local, State and federal clean air requirements that were adopted or proposed to be adopted, including, but not limited to, the California Air Resources Board Heavy Duty Engine Standards as currently proposed to be contained in CCR Title 13, Section 2020 et seq.; the Federal EPA’s Highway Diesel Fuel Sulfur regulations and any other applicable air pollution control laws. Changes in regulations adopted or enacted after the effective date of the Agreement shall be subject to the Change in Law provisions set forth in Section 12.22.2 of the Agreement.

(Amended, §1, Ord. 180, 02-05-19)

Section 5104.2. Vehicle Safety.

All Collection equipment used by Contractor shall have appropriate safety markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and warning flags. All such safety markings shall be subject to the approval of the District and shall be in accordance with the requirements of the California Vehicle Code, as may be amended from time to time.

All Collection operations shall be conducted as quietly as possible and shall conform to applicable Federal, State, County, and District noise level regulations, including the requirement that the noise level during the stationary compaction process not exceed 60 decibels with the exception of 65 decibels for one-minute duration. The District may request Contractor to check any piece of equipment for conformance with the noise limits when reasonable to do so.

(§5, Ord. 3, 01-28-41,

(Amended, §1, Ord. 4, 05-20-41)

(Amended, §1, Ord. 54, 11-11-76)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 148, 04-07-09)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 180, 02-05-19)

Section 5105. Disposal of Solid Waste.

The Contractor shall dispose of all solid waste outside of the limits of the District in a place and manner that will not be a nuisance to the inhabitants nearby. The place and manner of such disposal must also comply with all applicable local, state, and federal requirements now in force or which may hereafter be enacted.

In the absence of written notice to the contrary, all solid waste once collected becomes the property of the Contractor to dispose of as it sees fit, provided the manner of processing or disposal does not conflict with any of the provisions of this Article. District may elect, in its sole discretion, to retain ownership of all or select portions of the solid waste collected and shall from time to time so notify Contractor in writing. Said notice shall only affect the ownership of solid waste collected after the giving of said notice and shall not be applied retroactively.

(§6, Ord. 3, 01-28-41)

(Amended, §1, Ord. 54, 11-11-76)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 180, 02-05-19)

Section 5106. Service Charges.

(§7, Ord. 3, 01-28-41,

(Amended, §2, Ord. 4, 05-20-41)

(Amended, §1, Ord. 18, 08-07-51)

(Amended, §’2, Ord. 33, 07-16-56)

(Amended, §2, Ord. 39, 12-18-62)

(Repealed, §1, Ord. 55, 11-11-76)

Section 5107. Home Composting.

Whenever residents of premises within the limits of the Castro Valley Sanitary District shall engage in home composting of yard trimmings and food scraps, as said materials are herein defined in this Article, the compost process shall not attract flies or rodents. Only organic kitchen scraps such as egg shells, tea bags, coffee grounds, and vegetable or fruit scraps shall be composted. At no time shall dog or cat feces or food scraps such as meat, fish, bones, dairy products or grain products be added to the compost heap; such materials shall be offered for weekly collection by the authorized Contractor. The compost heap shall at all times be well maintained and tended so that no objectionable odors are produced.

Any person possessing any premises wherein putrescible material is produced, handled, stored or allowed to accumulate shall manage such putrescible material in such a manner as to preclude the breeding of flies or other vermin therein.

No person in control of putrescible material shall knowingly allow or permit the same to serve as a breeding medium for flies or other vermin. Upon knowledge of such infestation, or after receiving written notice from a duly authorize representative of the Sanitary District, Health Department or Sheriff’s Office, said person shall at once proceed and continue in good faith to destroy the flies, larvae or pupae thereof by poisoning, trapping, removal of the material to a disposal site which has been approved by the District, or by any other effective means.

(Added, §3, Ord. 98, 11-03-92)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 180, 02-05-19)

(Amended, §1, Ord. 180, 02-05-19)

Section 5108. Bulky and Reuse Pick-Up Service.

Bulky and Reuse Pick-Up service, as defined in Section 5100, for residential dwelling units shall be arranged by the resident with Contractor and the following guidelines must be followed:

Conditions of Service. The Contractor shall provide Bulky and Reuse Pick-Up Service to all single-family Customers in the District whose Bulky Items have been placed curbside, or at another location on or adjacent to Customer’s Premises, as arranged by Customer and Contractor, to reduce safety concerns of Collecting Bulky Items along busy streets and provide safe and efficient accessibility to the Contractor’s Collection crew and vehicle. The Customer shall be limited to seven cubic yards of acceptable materials per Collection up to one time per year. The Contractor shall Collect additional acceptable materials that exceed the required Service Level (as requested by Customer) and may charge the appropriate Rate approved by the District for each additional cubic yard Collected.

Scheduling Bulky and Reuse Pick-Up Service. The Contractor, when requested by Customer or Contract Administrator, shall provide services to each Residential Customer for one on-call Bulky and Reuse Pick-Up each full or partial calendar year of the Agreement by arrangement between the Contractor and the Customer. The Contractor shall provide the service to the Customer within five Business Days of the Contractor’s receipt of such a customer request for service, as mutually agreed upon by the Customer and the Contractor, with the exception that the Contractor shall not be required to schedule Collection events during the weeks designated for Holiday Tree Collection or Textiles Collection.

Non-Collection. In the event of non-collection Contractor shall affix to the item a Non-Collection Notice explaining why Collection was not made and how the item may be properly disposed of or that the set out requires a restacking in a stable/safe manner, so that Contractor shall return at no charge to collect, and shall maintain a copy of such notice during the term of the Agreement. The Contractor shall not be required to collect the following items as part of Residential Bulky and Reuse Pick-Up service:

Any single item that exceeds two hundred pounds in weight;

Any single item that requires more than two people to handle;

Any single item that requires the assistance of special loading equipment (such as forklifts or cranes);

Hazardous Waste;

Abandoned automobiles or large auto parts;

Trees;

Construction and demolition debris;

Excluded waste;

items that pose a potential safety risk to Contractor’s collection staff, or potential property damage, and Contractor is unable to mitigate these risks by alternative collection methods or safe handling procedures, including but not limited to otherwise acceptable items that are stacked in an unstable/unsafe manner whereby removing an item would cause items to fall against person and/or property.

(a)    all waste must be set out curbside by 6:00 A.M. on the resident’s arranged day.

(b)    The truck will pass each address one time only.

(c)    Items, where appropriate, shall be placed in garbage bags or boxes. All containers, including garbage cans, will be permanently removed from customer’s property.

(d)    Discarded Materials, such as large and small household appliances (including refrigerators), furniture, carpets, mattresses, White Goods, Brown Goods, clothing, un-mounted tires, and oversized Compostable Materials such as tree trimmings and large branches, and similar large items which can be handled by two people; or some combination of such items in a container the dimensions of which container does not exceed four feet by four feet by two feet (4' x 4' x 2') and weighing no more than 75 pounds, which are attributed to the normal activities of a SFD, MFD, or District service unit.

(e)    Bulky items must be generated by the Customer and at the service address wherein the Bulky Goods are Collected.

(f)    Bulky items do not include items herein defined as Unacceptable Waste or Construction and Demolition Debris.

Bulky and Reuse Processing and Disposal. The Contractor shall Process and Dispose of Bulky Items and Reusable Materials Collected from Customers in accordance with the following hierarchy:

(1)    Reuse as is (where energy efficiency is not compromised);

(2)    disassemble for reuse or Recycling;

(3)    Recycle; and if none of the other options are practicable;

(4)    Dispose.

The Contractor shall not Dispose of materials Collected through the Bulky and Reuse Pick-Up program unless the materials cannot be reused or Recycled.

Bulky items Containing Freon. In the event Contractor Collects Bulky items that contain Freon, Contractor shall handle such Bulky items in a manner such that the Bulky items not subject to regulation as Hazardous Waste under applicable state and federal laws or regulations.

(Amended, §1, Ord. 180, 02-05-19)

Section 5108.1. Multi-Family Dwelling (MFD) Bulky and Reuse Pick-Up Service.

Conditions of Service. The Contractor shall provide Bulky and Reuse Pick-Up Service to all multi-family Customers in the District whose Bulky Items have been placed curbside, or at another customer-selected service location at the multi-family premises. The service shall be limited to the Collection of a maximum number of cubic yards of material calculated by multiplying the number of Dwelling Units in the MFD Complex by two cubic yards. The service frequency will be up to one time per year. The Contractor shall Collect additional acceptable materials that exceed the required Service Level (as requested by Customer) and may charge the appropriate Rate approved by the District for each additional cubic yard Collected.

Scheduling Bulky and Reuse Pick-Up Service. The Contractor, when requested by Customer or Contract Administrator, shall provide services to each Residential Customer for one on-call Bulky and Reuse Pick-Up cleanup each full or partial calendar year of the Agreement by arrangement between the Contractor and the Customer. The Contractor shall provide the service to the Customer within five Business Days of the Customer’s requested service date, as mutually agreed upon by the Customer and the Contractor, with the exception that the Contractor shall not be required to schedule Collection events during the weeks designated for holiday tree Collection or Textiles Collection.

Non-Collection. In the event of non-collection Contractor shall affix to the item a Non-Collection Notice explaining why Collection was not made and how the item may be properly disposed of or that the set out requires a restacking in a stable/safe manner, so that Contractor shall return at no charge to collect, and shall maintain a copy of such notice during the term of the Agreement. The Contractor shall not be required to collect the following items as part of Residential Bulky and Reuse Pick-Up service:

Any single item that exceeds two hundred pounds in weight;

Any single item that requires more than two people to handle;

Any single item that requires the assistance of special loading equipment (such as forklifts or cranes);

Hazardous Waste;

Abandoned automobiles or large auto parts;

Trees;

Construction and demolition debris;

Excluded waste;

items that pose a potential safety risk to Contractor’s collection staff, or potential property damage, and Contractor is unable to mitigate these risks by alternative collection methods or safe handling procedures, including but not limited to otherwise acceptable items that are stacked in an unstable/unsafe manner whereby removing an item would cause items to fall against person and/or property.

(Added, §1, Ord. 111, 03-05-96)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 148, 04-07-09)

(Amended, §1, Ord. 156, 07-01-12)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 180, 02-05-19)