CHAPTER 4
ADMINISTRATIVE PROVISIONS
FOR THE COLLECTION OF RECYCLABLE MATERIALS
Section 5400. Purpose.
The purpose of this Chapter is to establish provisions for the collection of waste materials produced within the boundaries of the Castro Valley Sanitary District which can be recycled in order to divert materials from landfills to reuse.
(Added, §1, Ord. 90, 12-04-90)
(Amended, §2, Ord. 104, 12-07-93)
(Amended, §1, Ord. 180, 02-05-19)
Section 5401. Definitions.
Terms used or referred to herein are defined as follows:
(a) 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 containing four units or less.
(b) Multi-Family Residential Unit shall mean:
(1) each separate housekeeping unit in buildings or mobile home parks 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.
(c) The term “commercial/business unit” shall mean a commercial establishment and/or industrial facility including, but not limited to, governmental, religious, and educational facilities. Construction and Demolition Contractors shall be considered Business Generators regardless of zoning of the property where Construction and Demolition is undertaken.
(d) Recyclables means those materials designated in the Agreement or District legislation for Collection and Recycling under the Agreement which are segregated from Municipal Solid Waste by the customer at the source of generation and set out for collection. Recyclable materials include those materials defined by the District, including newsprint (including inserts, coupons and store advertisements); mixed paper (including magazines, catalogs envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, legal pad backing, shoeboxes and telephone books); glass containers (including brown, clear and green glass bottles and jars); aluminum (including beverage containers and foil products); small scrap and cast aluminum (not exceeding 40 pounds in weight not two feet in any dimension for any single item); steel including “tin” cans, aerosol cans (empty non-toxic products) and small scrap (not exceeding 40 pounds in weight nor two feet in any dimension for any single item); bimetal containers; all plastics (numbered 1-7), except expanded Polystyrene (EPS); 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.
(e) 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.
(f) Single stream recycling shall mean all recyclables placed in one recycling cart. Batteries and Used Motor Oil and Used Motor Oil Filters shall not be placed in the recycling cart.
(g) “Carts” shall mean the 20-, 32-, 64- or 96-gallon containers, equipped with wheels and lids, which shall be placed in a centralized solid waste handling location for accumulation of recyclable materials by occupants of multi-family residential units, as defined in (b) herein above, and at street curbside by occupants of single family residential units, as defined in (a) herein above, for collection by the District’s Contractor.
(h) Curbside shall mean the placement of containers for collection adjacent to the curb on the street side.
(i) 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.
(j) Contractor shall mean that person or those persons with whom the Castro Valley Sanitary District shall have duly contracted under the terms hereinafter set out in this Chapter to provide solid waste services to residential units within the boundaries of the District.
(k) 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 Agreement.
(l) Mandatory Commercial Recycling shall mean the requirement for all multi-family dwellings and all commercial units that subscribe to any amount of garbage collection service to subscribe to weekly recycling collection service from contractor greater than or equal to 32 gallons as described hereinafter in this Chapter.
(Added, §1, Ord. 90, 12-04-90)
(Amended, §1, Ord. 103, 08-03-93)
(Amended, §3, Ord. 108, 09-06-94)
(Amended, §1, Ord. 110, 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)
(Amended, §1, Ord. 190, 09-07-21)
Section 5402. General Provisions.
All single family and multi-family residential units, as herein defined, within the limits of the District shall have recycling service made available as herein specified.
(Amended, §1, Ord. 180, 02-05-19)
Section 5402.1. Mandatory Charge.
A mandatory charge for recycling, garbage, and organic materials shall be collected by the contractor from the owners of all single-family residential units, and a charge for garbage, recycling, and organic materials shall be collected from owners of multi-family residential units within the limits of the Castro Valley Sanitary District. Canyonlands customers are not charged for and do not receive organic material collection service.
(Amended, §1, Ord. 167, 10-13-15)
(Amended, §1, Ord. 180, 02-05-19)
Section 5402.2. Interference With Collector Prohibited.
It shall be unlawful for any person to in any manner interfere with the collection by the authorized Recycling Contractor of recyclable materials, as such materials are defined in Section 5401 of this Chapter, placed at the curbside or at the centralized solid waste handling location by the resident. This prohibition shall be construed to apply to the theft of redeemable materials or the vandalism of recyclable materials which have been placed at the curbside or at the centralized solid waste handling location by the resident.
(Amended, §1, Ord. 180, 02-05-19)
Section 5402.3. Mandatory Recycling Requirement.
In accordance with the 2021 Alameda County Ordinance No. 2021-02, it shall be mandatory for all multifamily dwellings and all commercial units to subscribe to weekly recycling and organics collection service from contractor. An exception may be made to the requirement for such service under the circumstances specified within Alameda County Ordinance No. 2021-02.
(Added, §1, Ord. 90, 12-04-90)
(Amended, §2, Ord. 103, 08-03-93)
(Amended, §3, Ord. 104, 12-07-93)
(Amended, §4, Ord. 108, 09-06-94)
(Amended, §1, Ord. 132, 02-04-03)
(Amended, §1, Ord. 156, 07-01-12)
(Amended, §1, Ord. 162, 07-01-14)
(Amended, §1, Ord. 168, 12-15-15)
(Amended, §1, Ord. 180, 02-05-19)
(Amended, §1, Ord. 190, 09-07-21)
Section 5403. Procedure for Recyclable Materials Collection.
The District will contract with an appropriate agent to collect recyclable materials at a minimum of once per week from each single family and multi-family residential unit within the limits of the District. For single family residential units, said collection shall be made on the same day as the regular garbage collection. No person, other than an authorized recycling collector, shall remove recyclable material which has been placed in a designated recycling collection location. Any and each such removal in violation hereof from any designated recycling collection location shall constitute a separate and distinct offense. The recyclable materials shall be presented for collection as follows:
Single family residential units shall each be provided with a 64- or 96-gallon wheeled cart by the Contractor. The cart will be used for all recycling, aside from batteries, used motor oil, used motor oil filters, used cooking oil, and textiles. All recyclables must be in the cart, with the cart lid closed.
(Amended, §1, Ord. 180, 02-05-19)
Section 5403.1. Used Motor Oil and Used Motor Oil Filter Collection.
The Used Motor Oil and Used Motor Oil Filter shall be presented for collection in a Used Oil Recovery Kit to be provided by the contractor. Such kit shall contain a reusable plastic jug of at least one gallon in capacity with a leak-proof watertight screw-on lid as well as one six-mil plastic disposable resealable bag with double track seal of sufficient capacity to accommodate one Used Motor Oil Filter. The sealed jug shall be placed at the curbside next to the recycling carts. Any Used Motor Oil Filter that is no longer useful to the SFD Customer because of extended storage, spillage or contamination with non-hazardous impurities such as dirt or water; or has been used and as a result of such use has been contaminated with physical or chemical impurities shall be placed inside plastic bag and placed curbside next to the recycling carts.
Used Motor Oil Filters must be generated by and at the SFD residence wherein the Used Motor Oil Filter is collected.
The Contractor shall leave a clean, empty replacement Used Oil Recovery Kit at the time of collection adjacent to the Recyclables Cart. Additionally, the Contractor shall provide a Used Oil Recovery Kit to a Customer on the next scheduled service day after request is made by Customer at no additional cost to Customer. Upon Collection of a full Used Oil Recovery Kit from a Customer, Contractor shall leave a clean, empty Used Oil Recovery Kit adjacent to the Recyclables Cart. The Contractor shall not be required to Collect more than three Used Oil Recovery Kits per individual Dwelling Unit per week from Single-Family Customers who request it.
Multi-family residential complexes shall be provided with an equal amount of recycling service up to and including three cubic yards by the Contractor. The containers shall be located inside the centralized solid waste handling enclosure or as close as possible to said enclosure. The containers shall be clearly labeled to identify the materials which should be placed in each. Recycling for multi-family residential complexes shall be single stream.
Upon request, occupants of multi-family residential units may receive from the District at no cost, storage containers to be used solely for storage and transportation of recyclable materials to the centralized recycling containers.
(Amended, §1, Ord. 180, 02-05-19)
Section 5403.2. Replacement of Carts and Bins.
Contractor’s personnel shall take care to prevent damage to Carts or Bins by unnecessary rough treatment. However, any Cart or Bin damaged by the Contractor shall be replaced by the Contractor, at the Contractor’s expense, within three Work Days at no cost or inconvenience to the Customer.
1. Upon notification to the Contractor by the District or a Customer that the Customer’s Cart(s) or Bin(s) have been stolen or damaged beyond repair through no fault of the Contractor, the Contractor shall deliver a replacement Cart(s) or Bin(s) to such Customer no later than the next regularly scheduled Collection service day, or if requested by the District or a Customer, within three Work Days. The Contractor shall maintain records documenting all Cart and Bin replacements occurring on a monthly basis.
2. Where such Cart is lost, stolen or damaged beyond repair through no fault of the Contractor, each SFD Customer shall be entitled to the replacement of one lost, destroyed, or stolen MSW Cart, one lost, destroyed, or stolen Recycling Cart, and one lost, destroyed, or stolen Compostable Cart during the life of the Agreement at no cost to the Customer.
3. Where such Cart or Bin is lost, stolen or damaged beyond repair through no fault of the Contractor, each MFD, Business and District Customer shall be entitled to the replacement of lost, destroyed, or stolen MSW Bin(s) and lost, destroyed, or stolen Recycling Cart(s) or Bin(s) during the life of the Agreement at no cost to the Customer. Such replacement shall be limited to a number equal to the number of Bins and Carts representing the normal service level of the customer.
4. Where such Bin or Cart replacement occurs through no fault of the Contractor, Contractor shall be compensated by the Customer for the cost of those replacements in excess of the requirements set forth above in accordance with the “Cart or Bin Exchange” service rate, as appropriate, as set forth in Exhibit 1 which is attached to and included in the Agreement or as may be adjusted under the terms of the Agreement.
5. Repair of Carts and Bins. Contractor shall be responsible for repair of Carts in the areas to include but not be limited to, hinged lids, wheels and axles. No later than the next regularly scheduled Collection service day, or if requested by the District or a Customer, within three Work Days of notification of the need for such repairs, the Contractor shall repair the Cart or Bin or if necessary, remove the Cart or Bin for repairs and deliver a replacement Cart or Bin to the Customer.
6. Cart or Bin Exchange. Upon notification to the Contractor by the District, or a Customer, that a change in the size or number of Carts or Bins is required, the Contractor shall deliver such Carts or Bins to such Customer within 10 Work Days. Each SFD Customer shall be entitled to receive one free MSW Cart exchange, one free Recycling Cart exchange and one free Compostable Material Cart exchange per Agreement Year during the term of the Agreement. Each MFD or Business Customer shall be entitled to receive two free service exchanges, per Agreement Year during the term of the Agreement. For the purposes of this Section, a service exchange represents the exchange of as few as one and as many as the total number of Bins and Carts provided by the Contractor and utilized by the Customer. Accordingly, Contractor shall be compensated for the cost of those exchanges in excess of the limitations set forth herein per Agreement Year, in accordance with the “Cart or Bin Exchange” service rate as set forth in Exhibit 1 of the Agreement.
(Added, §1, Ord. 90, 12-04-90)
(Amended, §3, Ord. 103, 08-03-93)
(Amended, §2, Ord. 110, 03-05-96)
(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 5404. Establishment of Rates.
The rates to be charged for the curbside collection of recyclable materials shall be established by Ordinance of the Sanitary Board of the District.
(Added, §1, Ord. 90, 12-04-90)
(Amended, §1, Ord. 180, 02-05-19)
Section 5405. Adjustment of Rates.
From time to time, and upon good cause being shown, adjustments may be made in the monthly household rates for the collection of recyclable materials, as herein established, by Ordinance of the Sanitary Board of the Castro Valley Sanitary District.
(Added, §1, Ord. 90, 12-04-90)
(Amended, §4, Ord. 103, 08-03-93)
(Amended, §1, Ord. 180, 02-05-19)
Section 5406. Charges for Recycling Service.
The owner of each parcel of property which contains a single family or multi-family residential unit as herein defined, as the same property appears on the Assessor’s records of Alameda County, and lying within the Castro Valley Sanitary District, shall pay a charge per household for services as herein described.
(Added, §1, Ord. 90, 12-04-90)
(Amended, §5, Ord. 103, 08-03-93)
(Amended, §1, Ord. 132, 02-04-03)
(Amended, §1, Ord. 180, 02-05-19)
Section 5407. Schedule of Charges.
The monthly recycling charge shall be as defined in Section 5302.
(Added, §1, Ord. 90, 12-04-90)
(Amended, §6, Ord. 103, 08-03-93)
(Amended, §3, Ord. 110, 03-05-96)
(Amended, §1, Ord. 116, 09-02-97)
(Amended, §1, Ord. 121, 09-01-98)
(Amended, §1, Ord. 132, 02-04-03)
(Amended, §1, Ord. 180, 02-05-19)
Section 5408. Billing and Collecting.
Except as provided elsewhere in this Chapter, the Contractor shall ascertain the amount of the mandatory household garbage, recycling and compostables fee, as specified in Section 5302, applicable to each parcel in the District or each multi-family complex, and shall mail to the owner thereof a bill for said charges.
(a) Generally. Contractor shall (i) bill Customers for Garbage, Recyclables, Compostable Materials, and/or Construction and Demolition Debris Collection, processing, and marketing services; (ii) collect payment for those services; (iii) maintain billing and payment records; (iv) provide for the collection of delinquent payments and bad debts; and (v) remit franchise and regulatory fees to the District monthly in accordance with Section 12.14. The Contractor shall bill all Single-Family Residential Customers quarterly generally in advance of services provided. For purposes of this Section, “quarterly” shall mean that Contactor shall bill for service in the months of July, August, and September in July; shall bill for services in the months of October, November, and December in October; shall bill for services in the months of January, February, and March in January; and, shall bill for services in the months of April, May, and June in April. The Contractor shall bill all Commercial and Multi-Family Customers for scheduled and regularly recurring services on a monthly basis in areas of services provided. The Contractor shall bill Customers for any on-call and/or non-recurring services no more frequently than monthly and may only bill for services provided during the previous month. The Contractor shall include in a list of all on-call and/or non-recurring service charges billed during the previous month to the District. District may direct Contractor to provide electronic mailers to Customers related to the District or intended to support the District’s Zero Waste goals.
(b) Contractor Obligation. Contractor shall provide services efficiently and effectively, and in accordance with its fixed unit rates, as adjusted in accordance with the Agreement, and Contractor’s failure to provide services in accordance with the Agreement shall not be excused by virtue of any claimed inadequacy in Contractor’s fixed unit rates or by virtue of any claimed inadequacy in the labor force, productivity levels, or technology and equipment assumed in Contractor’s fixed unit rates.
(c) Partial Month Service. If, during a month, a Customer is added to or deleted from Contractor’s Service Area, the Contractor’s billing shall be pro-rated based on the weekly service rate (the weekly service rate shall be the service rate established in Exhibit 1 divided by four(4)) times the number of actual weeks in the month that service was provided to the Customer.
(d) Methods of Payment. Contractor shall provide the means for customers to pay bills through the following methods: cash, checks, electronic checks, credit cards, money order, internet payment service or automatic withdrawal from bank account.
(e) Delinquent Service Accounts. Contractor shall be responsible for collection of payment from Customers or property owners with past due accounts (“bad debt”). In the event that any account becomes more than 30 calendar days past due, Contractor shall notify such Customer of the delinquency via written correspondence, instructing the property Owner that unpaid bills which become more than 45 days delinquent may be assessed a one and one half percent (1.5%) late fee per month. Contractor shall provide a second written notice of delinquency to any account which becomes more than 60 calendar days past due, and a third written notice of delinquency to any account which becomes more than 90 calendar days past due. The 60- and 90-day notices shall instruct the Customer that unpaid bills which become more than 120 calendar days delinquent will be subject to assessment through property taxes. Should any Customer account become more than 120 calendar days past due, Contractor shall provide notice to the Customer, via written correspondence with a copy to the District Contract Manager that the unpaid amount will be subject to a special assessment on the Alameda County tax roll, and subject to a $50.00 administrative fee. Contractor and District shall comply with the process for conducting the special assessment as described in Exhibit J of the Agreement.
Failure of the Contractor to mail any such bill or failure of the owner to receive any such bill shall not relieve the owner of any parcel or the owner of any multi-family complex from the obligation of paying the household garbage, recycling and compostable charge.
(Added, §1, Ord. 90, 12-04-90)
(Amended, §7, Ord. 103, 08-03-93)
(Amended, §5, Ord. 108, 09-06-94)
(Amended, §1, Ord. 132, 02-04-03)
(Amended, §1, Ord. 148, 04-07-09)
(Amended, §1, Ord. 153, 06/01/10)
(Amended, §1, Ord. 162, 07-01-14)
(Amended, §1, Ord. 180, 02-05-19)
Section 5409. Alternate Procedure for Collection of Recycling Charges.
(Added, §1, Ord. 90, 12-04-90)
(Amended, §, Ord. 91, 01-08-91)
(Amended, §1, Ord. 94, 08-16-91)
(Amended, §8, Ord. 103, 08-03-93)
(Repealed, §1, Ord. 132, 02-04-03)
Section 5410. Enforcement.
In the event of the failure of any owner to pay when due any mandatory garbage, recycling, and compostables charge, the Contractor may enforce payment of such delinquent charges in accordance with the provisions of Chapter 6 of this Article.
(Added, §1, Ord. 90, 12-04-90)
(Amended, §9, Ord. 103, 08-03-93)
(Amended, §6, Ord. 108, 09-06-94)
(Amended, §1, Ord. 132, 02-04-03)
(Amended, §1, Ord. 180, 02-05-19)
Section 5411. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason held to be invalid or unconstitutional or unenforceable, such decision shall not affect the validity of the remaining portions of this Chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional or unenforceable.
(Added, §1, Ord. 90, 12-04-90)
(Amended, §1, Ord. 180, 02-05-19)