Chapter 8.12
COLLECTION, DISPOSAL, AND PROCESSING OF SOLID WASTE, RECYCLABLES AND COMPOSTABLE MATERIAL AND RELATED ACTIVITIES
Sections:
8.12.010 Definitions.
8.12.020 Unlawful accumulation.
8.12.030 Burying solid waste prohibited.
8.12.040 Burning prohibited.
8.12.050 Tampering with containers.
8.12.060 Solid waste collection, hauling and transportation.
8.12.070 Franchise agreement.
8.12.080 Frequency of collection.
8.12.090 Rates.
8.12.100 Transportation restrictions.
8.12.110 Deposits in debris boxes.
8.12.120 Deposits in public and private places.
8.12.130 Ownership of solid waste, recyclable materials and compostable materials.
8.12.140 Mandatory collection service.
8.12.150 Violations—Penalty.
8.12.010 Definitions.
The following definitions apply to terms used in this chapter:
“Bulky item(s)” means unwanted household appliances, furniture, tires, carpet, mattresses, and other large items that require special handling due to their size, but that can be collected without special loading equipment and without violating vehicle load limits. “Bulky items” excludes abandoned automobiles, boats and other similar vehicles.
“Collection” means the removal and transportation of solid waste from the place where it was generated or stored to a disposal site and/or the removal and transportation of recyclable or compostable materials from the place where they were generated or stored to a processing facility.
“Compostable materials” means food scraps and green waste. No discarded material will be considered to be compostable materials, however, unless it is separated from solid waste and recyclable materials.
“Contractor” means a person that has been awarded a franchise agreement pursuant to this chapter by the city council for the right to collect, transport, process and/or dispose of any of the following: solid waste, recyclable materials, and/or compostable materials, and/or to perform other services for the city, its residents, business owners, other governmental agencies, and other organizations and entities pursuant to a franchise agreement.
“Debris box” means an open-top metal container serviced by a roll-off truck with a capacity of six to fifty cubic yards.
“Food scraps” means all source-separated vegetable waste, fruit waste, grain waste, and dairy waste co-collected with green waste.
“Green waste” means biodegradable materials such as leaves, grass cuttings, weeds, prunings, and wood materials from branches, dead plants, brush, tree trimmings, and dead trees that do not exceed six inches in diameter or four feet in length. Larger items such as tree stumps and intact dead trees are bulky items.
“Owner” or “occupant” means the person with the legal right to the possession of land or a building.
“Person” means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the state of California, the county of Sonoma, and special purpose districts.
“Premises” means any land or building in the city where solid waste, recyclable materials or compostable materials are generated or accumulated or a contractor performs services pursuant to a franchise agreement.
“Recyclable materials” or “recyclables” means discarded materials from an owner or occupant intended for and capable of being recycled, and that are separated, set aside, handled, packaged, offered, and/or otherwise delivered for collection by an owner or occupant for recycling. No discarded material shall be considered to be recyclable materials unless it is separated from other waste such as solid waste and compostable materials.
“Refuse” means all discarded putrescible and nonputrescible waste in a solid, semi-solid, or liquid form.
“Solid waste” means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191 as from time to time amended and regulations promulgated thereunder and without limitation includes the following: (1) refuse; (2) bulky items; and (3) vehicle parts as defined in California Code of Regulations, Title 23, Division 3, Chapter 15, Sections 2520(D)(3) and 2523(C). (Ord. 677-2011 § 2 (part), 2011)
8.12.020 Unlawful accumulation.
It is unlawful for any person to accumulate or permit to be accumulated solid waste on any premises within the city, unless such solid waste is kept enclosed in a container provided by a contractor or in a water-tight container with a close-fitting lid. Any accumulation of solid waste within the city that is not in compliance with this section and/or applicable law shall constitute a public nuisance and is prohibited. (Ord. 677-2011 § 2 (part), 2011)
8.12.030 Burying solid waste prohibited.
It is unlawful for any person to dispose of any solid waste upon or beneath the surface of any premises within the city. (Ord. 677-2011 § 2 (part), 2011)
8.12.040 Burning prohibited.
It is unlawful to burn or cause to be burned any solid waste within the city. (Ord. 677-2011 § 2 (part), 2011)
8.12.050 Tampering with containers.
No person other than the owner or occupant of a premises, or the owner or occupant’s agents or employees, or a contractor, may tamper or meddle with any solid waste, recyclable material or compostable material container, or remove the contents thereof from the location where the same shall have been placed by the owner or occupant of the premises or contractor. (Ord. 677-2011 § 2 (part), 2011)
8.12.060 Solid waste collection, hauling and transportation.
A. Except as otherwise provided in this chapter, it is unlawful for any person, other than the city or a contractor, to collect, haul and/or transport solid waste within the city.
B. Nothing in this section shall prohibit any person from hauling or transporting solid waste from his or her own premises for the purpose of disposing of the same at an authorized disposal area or transfer station; provided, that authorization is first sought and obtained from the city manager, which authorization shall be subject to such reasonable conditions as the city manager may impose, to ensure that such hauling or transportation is conducted in compliance with this chapter and all other applicable laws and regulations.
C. Nothing in this section shall prohibit the collection, hauling or transportation of solid waste by a person other than a contractor in the case of an emergency and upon authorization by the city manager, chief of police, or a health officer if determined by any such official to be necessary for the immediate protection of public health. (Ord. 677-2011 § 2 (part), 2011)
8.12.070 Franchise agreement.
A. The city may enter into a contract or contracts (“franchise agreement”) with any person or persons for the collection, hauling, transportation, processing and disposal of solid waste, recyclable materials, and compostable materials generated within the city, and for related activities. The term of any such franchise agreement may not exceed fifteen years. So long as the franchise agreement term does not exceed fifteen years, the city council may grant extensions of the franchise agreement upon the terms and conditions the council deems appropriate and in the best interest of the city. The franchise agreement may provide that a contractor shall have the sole and exclusive right, except as otherwise provided in the franchise agreement or this chapter, to engage in the business of:
1. Collecting for a fee solid waste generated within the city; and/or
2. Transporting solid waste through the streets and public ways of the city; and/or
3. Disposing of solid waste at an approved site; and/or
4. Collecting for a fee recyclables and/or compostable materials within the city; and/or
5. Transporting recyclables and/or compostable materials through the streets and public ways of the city; and/or
6. Disposing of and/or processing recyclables and/or compostable materials at an approved site or processing facility; and/or
7. Providing debris boxes services for properties located within the city; and/or
8. Providing related services and carrying out related activities authorized pursuant to the franchise agreement.
B. Contractors shall be required to dispose of all solid waste, recyclable materials and compostable materials collected within the city at a site or sites that may lawfully receive such solid waste, recyclable materials and compostable materials, and that is approved by the city.
C. Franchise agreement(s) shall require contractors to collect, transport and dispose of solid waste, recyclable materials and compostable materials generated within the city consistent with the provisions of this chapter and applicable law, and shall otherwise require contractors to comply with all laws and regulations applicable to the franchise agreement, including, but not limited to, AB-939.
D. Contractors shall be required to furnish a performance bond or other security to the city in an amount adequate to secure the contractor’s performance of the terms and conditions of the franchise agreement and to safeguard the city against expense due to contractor breach.
E. Franchise agreements shall require contractors to procure for the period covered by the franchise agreement workers’ compensation insurance as required by state law. Franchise agreements shall also require contractors to carry general commercial liability insurance for bodily injury, personal injury, and property damage, as well as automobile liability insurance for bodily injury and property damage, and any other insurance required by the city, in amounts determined by the city. The city, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds with respect to liability arising out of activities performed by or on behalf of contractors. The coverage shall contain no special limitations on the scope of protection afforded to the city, its officers, officials, employees, agents, and volunteers. Contractor insurance coverage shall be primary insurance as respects the city. (Ord. 677-2011 § 2 (part), 2011)
8.12.080 Frequency of collection.
Contractors shall collect and transport all solid waste within the city as specified in the franchise agreement, unless otherwise directed by a health officer or other authorized agent of the city or other government agency of competent jurisdiction. Contractors shall immediately collect and remove solid waste, recyclable materials and/or compostable materials when so directed by any health officer or other authorized agent of the city or other government agency of competent jurisdiction. (Ord. 677-2011 § 2 (part), 2011)
8.12.090 Rates.
The city council, by resolution, shall establish maximum rates that contractors may impose for the collection, disposal, and processing of solid waste, recyclable materials and compostable materials and related services within the city. Rates imposed by contractors and charged to contractors’ customers pursuant to a franchise agreement may not exceed the maximum rates established by the city council. The city council may by resolution from time to time amend the maximum rates that contractors may impose for the collection, disposal, and processing of solid waste, recyclable materials and compostable materials and related services within the city. (Ord. 677-2011 § 2 (part), 2011)
8.12.100 Transportation restrictions.
No solid waste, recyclable materials and/or compostable materials shall be transported on any street or public way of the city in a manner so as to permit the same to fall, drip, blow out of, spill or otherwise leave the vehicle in which it is being transported. (Ord. 677-2011 § 2 (part), 2011)
8.12.110 Deposits in debris boxes.
It shall be unlawful to deposit any materials in a debris box other than materials permitted to be deposited in the debris box by applicable law and by the contractor providing the debris box. It shall be unlawful for any person other than an owner or occupant of the premises where the debris box is placed by the debris box contractor to deposit solid waste, recyclable materials or compostable materials into a debris box. (Ord. 677-2011 § 2 (part), 2011)
8.12.120 Deposits in public and private places.
It shall be unlawful for any person to throw, deposit, or cause to be thrown or deposited, any solid waste, recyclable materials and/or compostable materials, in or upon any vacant lot, backyard, street, sidewalk, alley, gutter, drain facilities, highway, park or other public or private place in the city or to deposit or place or keep any such solid waste, recyclable materials and/or compostable materials, except as permitted in this chapter. (Ord. 677-2011 § 2 (part), 2011)
8.12.130 Ownership of solid waste, recyclable materials and compostable materials.
Title to solid waste, recyclable materials and compostable materials shall pass to the contractor when such materials are placed in a contractor’s collection vehicle. (Ord. 677-2011 § 2 (part), 2011)
8.12.140 Mandatory collection service.
Subject to and except for as permitted in Section 8.12.060(B), all occupied premises shall subscribe to solid waste collection service with a contractor. (Ord. 677-2011 § 2 (part), 2011)
8.12.150 Violations—Penalty.
Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Each day a violation of this chapter continues shall be deemed a separate offense and punishable as such. Violations of this chapter may by enforced in any combination as permitted by Chapters 1.10 through 1.15 and 8.02 of this code, by a civil court action brought in the name of the city, by criminal action brought by the city attorney in the name of the city or in the name of the people of the state of California, or using any other enforcement or legal remedies available to the city under the law. (Ord. 677-2011 § 2 (part), 2011)