Chapter 5 ADMINISTRATIVE PROVISIONS FOR

CHAPTER 5
ADMINISTRATIVE PROVISIONS FOR
THE COLLECTION OF RESIDENTIAL COMPOSTABLE MATERIALS

Section 5500. Purpose.

The purpose of this chapter is to establish provisions for the collection of compostable materials within the boundaries of the Castro Valley Sanitary District which can be composted, mulched or processed into a functional and marketable product in order to divert these materials from landfills. Canyonlands customers do not receive compostables collection services.

(Added, §1, Ord. 107, 08-08-94)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 167, 10-13-15)

(Amended, §1, Ord. 180, 02-05-19)

Section 5501. Definitions.

Terms used or referred to herein are defined as follows and not transferable to other sections:

(a) Composting shall mean the purposeful or engineered physical, chemical, and biological degradation or biodegradable Compostable Materials into mature compost as determined by standard laboratory analysis.

(b) Mulching shall mean the mechanical process of converting organic matter into a soil cover or amendment through sorting, grinding or chipping, and screening.

(c) 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.

(d) 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, or fourplex.

(e) Multi-family residential unit shall mean:

(1) each separate housekeeping unit in buildings containing more than four such units and in mobile home parks, 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.

(f) 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.

(g) Compostable Materials shall mean Food Waste, Yard Trimmings, soiled paper and those materials designated from time to time in District Legislation for Collection and Recycling under the Agreement which are segregated from garbage at the source of generation by the Customer and set out for Collection.

(1) all organic waste materials generated from the maintenance or alteration of residential landscaping, with the exception of those materials specifically excluded by Section 5511 of this Chapter, and shall include, but not be limited to, yard clippings, leaves, pine needles, tree trimmings, prunings, brush, and weeds,

(2) untreated/unpainted wood waste material, and

(3) 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 SFD 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.

(h) Program-supplied container shall mean:

(1) the 20-, 32-, 64-, or 96-gallon wheeled cart which shall be used as the standard collection container for single family residents, as said residents are defined in Paragraph (d) of this Section, or

(2) the 20-, 32-, 64-, or 96-gallon wheeled cart which shall be used as the standard collection container for multi-family residents, as said residents are defined in Paragraph (e) of this Section.

(i) Weekly shall mean once per week.

(j) Curbside shall mean the placement of carts for collection adjacent to the curb on the street side.

(k) Side yard/backyard service shall mean special carryout services for those SFD and MFD customers with individually billed rollout 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. The additional charge for this service is listed in Chapter 3, Solid Waste Collection Rates.

(l) Basic single family residential collection service shall mean the weekly collection of a 20-, 32-, 64-, or 96-gallon program-supplied cart from the curbside on the same day of the week as regular solid waste collection.

(m) Basic multi-family residential collection service shall mean the weekly collection of a 20-, 32-, 64-, or 96-gallon program-supplied carts from a centralized solid waste handling location on the day of the week as agreed upon by the Customer and Contractor.

(n) Short-term excess material collection service shall mean the delivery of an additional cart for collection, in conjunction with the regular residential compostable collection, of excessive amounts of such materials which have been placed at the curbside next to the program-supplied cart. For material overages, a paper bag approved by the District and provided by the Contractor will be placed next to the program supplied cart at the current cost.

(o) 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.

(p) 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 compostables collection services to residential units within the boundaries of the District.

(q) District shall mean the Castro Valley Sanitary District.

(r) Board shall mean the Board of Directors of the Castro Valley Sanitary District.

(Added, §1, Ord. 107, 08-08-94)

(Amended §, Ord. 132, 02-04-03)

(Amended §, Ord. 148, 04-07-09)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 180, 02-05-19)

Section 5502. General Provisions.

All single family and multi-family residential units, as herein defined, within the limits of the District shall have compostables collection service made available as herein specified.

All accumulations of compostables awaiting collection shall be maintained in a sanitary condition and in accordance with the provisions of Section 5101 of this Article.

In all cases of disputes, interpretations or complaints arising from or concerning the place where containers shall be placed for collection, the level of service to be provided, the quantities or materials to be collected, the manner of collection or the rates to be charged, the duly authorized representative of the District shall designate the place, the level of service to be provided, the estimated quantities, the materials to be collected, the manner of collection or the rates.

(Amended, §1, Ord. 180, 02-05-19)

Section 5502.1. Interference With Collector Prohibited.

It shall be unlawful for any person to in any manner interfere with the collection, removal or processing of compostable materials, as said materials are defined by Section 5501(g) of this Chapter, by the authorized contractor.

(Amended, §1, Ord. 180, 02-05-19)

Section 5502.2. Mandatory Charge.

(Added, §1, Ord. 107, 08-08-94)

(Amended §, Ord. 132, 02-04-03)

(Amended, §1, Ord. 162, 07-01-14)

(Repealed, §1, Ord. 180, 02-05-19)

Section 5503. Right to Enter Into Collection Contracts.

It shall be mandatory that the Castro Valley Sanitary District acquire, construct, maintain or operate any such compostables collection and processing system or processing sites as may be necessary and proper to carry into effect the provisions of this Chapter.

The Board of the Castro Valley Sanitary District may, in its judgment, by resolution, determine that a contract should be entered into for the collection and processing of all compostables in and from the Castro Valley Sanitary District and for the collection of the mandatory charges for compostables collection and processing as prescribed in Sections 5514 and 5515 of this Chapter.

The Board of the Castro Valley Sanitary District shall have the power to provide for the inclusion in such contract of such terms and conditions as it may deem necessary to protect the best interests of Castro Valley Sanitary District and the inhabitants thereof.

(Added, §1, Ord. 107, 08-08-94)

(Amended §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 180, 02-05-19)

Section 5504. Time and Frequency of Collection of Compostable Materials.

Compostable materials shall be collected weekly on the same day of the week as the regular solid waste collection day for single family residential units, and as agreed upon by multi-family residential customers and the Contractor. SFD and MFD Collection Services shall be provided, commencing no earlier than 6:00 a.m. (5:00 a.m. for the Canyonlands annexation 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. Contractor shall not collect from Commercial Premises at or adjacent to schools within one hour of daily school start and end times (e.g. 8:00 a.m. and 3:00 p.m.). 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.

(Added, §1, Ord. 107, 08-08-94)

(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 5505. Processing of Compostable Materials.

The compostable materials collected shall be processed 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 processing 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 compostable material once collected becomes the property of the Contractor to transport, process, and market in a manner to be determined by said Contractor, provided such actions do not conflict with any of the provisions of this Article or the contract entered into with the District.

(Added, §1, Ord. 107, 08-08-94)

(Amended §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 180, 02-05-19)

Section 5506. Preparation of Compostable Materials for Collection.

Compostable materials shall be prepared for collection as follows:

(a) Customers shall be provided with a program-supplied cart which shall be used exclusively for the accumulation of organic and/or compostable materials.

(b) All compostable materials presented for collection shall fit within the container.

(c) The compostable materials shall be free of all contaminants specified in Section 5511 of this Chapter. Holiday trees presented for collection may be flocked and shall be stripped of all decorations. Holiday trees exceeding six feet in height shall be cut into six-foot lengths. 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 in accordance with the Contractor agreement.

(d) Compostables, non-recyclable and food soiled paper may be either placed loose in the compostable cart or contained in paper, paper bags compostable serveware, biodegradable bags, or paper cartons. No glass, metal or plastic shall go in with the compostables.

(Added, §1, Ord. 107, 08-08-94)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 148, 04-07-09)

(Amended, §1, Ord. 180, 02-05-19)

Section 5507. Manner of Collection.

Compostable materials prepared for collection in accordance with Section 5506 of this Chapter shall be presented for collection at either the curbside or the centralized solid waste handling location, as said points are defined in Sections 5501(k) and 5501(t) of this Chapter, with the following exceptions:

(a) Residents who qualify as frail and elderly, chronically ill or physically challenged may have their containers collected from the side/backyard, as such point is defined in Section 5501(m) of this Chapter.

(b) Residents other than those covered by Paragraph (a) of this Section may, for their own convenience, have their program-supplied carts collected such points are defined in Section 5501(m) of this Chapter. Residents electing such optional collection points shall have a surcharge added to their basic monthly service charge as specified in Sections 5518 and 5519 of this Chapter. Side/backyard collection shall not be used in conjunction with the reduced collection service option.

At no time shall the Contractor be compelled to remove compostables not in a container except for collection of Holiday trees in accordance with Section 5506(b)(3) of this Chapter and bulky items in accordance with section 5108 of this chapter. The Contractor shall also not be compelled to remove compostables, even though in a container, if any of the materials excluded from collection by Section 5511 of this Chapter are commingled in the container with acceptable compostable materials.

(Added, §1, Ord. 107, 08-08-94)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 148, 04-07-09)

(Amended, §1, Ord. 180, 02-05-19)

Section 5508. Additional or In-Lieu of Services.

Residents may arrange for additional services, as specified in Section 5302 of this Chapter. The District may require residents desiring certain services to establish eligibility for such service.

(Added, §1, Ord. 107, 08-08-94)

(Amended, §1, Ord. 132, 02-40-03)

(Amended, §1, Ord. 148, 04-07-09)

(Amended, §1, Ord. 180, 02-05-19)

Section 5509. Reduced or LIRA Rates for Low Income Residents.

(Added, §1, Ord. 107, 08-08-94)

(Amended, §1, Ord. 132, 02-04-03)

(Repealed, §2, Ord. 148, 04-07-09)

Section 5510. Qualifying Process.

Whenever a particular level of service requires a process of qualification in order to determine eligibility for such service, a standard procedure shall be developed in order that the qualifying may be performed in a fair, consistent and equitable manner. Such procedure may be amended from time to time, upon good cause appearing and agreement being reached between the District and the authorized Contractor.

(Added, §1, Ord. 107, 08-08-94)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 180, 02-05-19)

Section 5511. Materials Excluded from Collection.

The following materials shall not be offered for collection in the compostable program:

(a) Treated and/or painted wood products,

(b) Tree limbs or other wood products exceeding six inches in diameter and/or three feet in length. (Property owners that generate tree limbs or wood products greater than six inches in diameter and/or greater than three feet in length shall seek alternative methods of managing plant debris, when materials do not meet these collection guidelines and to comply with the Alameda County Plant Debris Landfill Ban.),

(d) Dirt,

(e) Household hazardous waste materials or green waste contaminated with household hazardous waste materials,

(f) Any residential solid waste required to be offered for collection and disposal by the District’s authorized contractor in accordance with the provisions of Section 5101 of this Article,

(g) Plastic bags or other plastic material, glass or metal.

(Added, §1, Ord. 107, 08-08-94)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 148, 04-07-09)

(Amended, §1, Ord. 180, 02-05-19)

(Amended, §1, Ord. 190, 09-07-21)

Section 5512. Establishment of Rates.

The rates to be charged for the collection and processing of all compostable materials from within the Castro Valley Sanitary District shall be established by Ordinance of the Board of the District.

(Added, §1, Ord. 107, 08-08-94)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 180, 02-05-19)

Section 5513. Adjustment of Rates.

From time to time, and upon good cause being shown, adjustments may be made in the monthly rates to be charged for the collection and processing of compostable materials, as herein established, by Ordinance of the Board of the District.

(Added, §1, Ord. 107, 08-08-94)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 180, 02-05-19)

Section 5514. Compostables Collection Rates.

(a) for Single Family Residential Service. There shall be a monthly service charge as defined in Section 5302 for the collection, transport, and processing of compostable collected from all single family residential units, as such units are defined in Section 5501(d) of this Chapter.

(b) for Multi-Family Residential Service. There shall be a monthly service charge for the collection, transport, and processing of compostables collected from all multi-family residential units (five units and above, paid by one person or management company).

(c) for Commercial Service. There shall be a monthly service charge for the collection, transport, and processing of compostables collected from all subscribed commercial units as defined in Section 5501 of this Code.

(Added, §1, Ord. 107, 08-08-94)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 148, 04-07-09)

(Amended, §1, Ord. 180, 02-05-19)

Section 5515. Compostables Collection Rate for Multi-Family Residential Service.

(Added, §1, Ord. 107, 08-08-94)

(Amended, §1, Ord. 132, 02-04-03)

(Repealed, §2, Ord. 148, 04-07-09)

Section 5516. Reduced Collection Service Rates.

(Added, §1, Ord. 107, 08-08-94)

(Repealed, §2, Ord. 148, 04-07-09)

Section 5517. Container Rental Rates.

(Added, §1, Ord. 107, 08-08-94)

(Amended, §1, Ord. 132, 02-04-03)

(Repealed, §2, Ord. 148, 04-07-09)

Section 5518. Surcharge for Off-Street Collection.

(Added, §1, Ord. 107, 08-08-94)

(Repealed, §1, Ord. 132, 02-04-03)

Section 5519. Surcharge for Side/Backyard Collection.

In addition to the basic monthly service charge as specified by Section 5302 of this Chapter, a surcharge per month per 32 gal cart per single family residential unit shall apply to those residents utilizing side-yard collection.

(Added, §1, Ord. 107, 08-08-94)

(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 5520. Yardwaste Collection Rates for Excess Material Service.

(Added, §1, Ord. 107, 08-08-94)

(Repealed, §1, Ord. 132, 02-04-03)

Section 5521. 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. 107, 08-08-94)

(Amended, §1, Ord. 180, 02-05-19)