Chapter 8.12
COLLECTION, RECYCLING AND DISPOSAL OF SOLID WASTE*
Sections:
8.12.020 Collection service requirements.
8.12.030 Storage of commercial solid waste and recycling bins.
8.12.040 Exceptions for existing development.
8.12.050 Construction and demolition collection.
8.12.060 Exclusive franchise solid waste hauler requirements.
8.12.070 Hazardous waste screening.
8.12.080 Inspection of containers or bins authorized.
8.12.090 Responsibility for service.
8.12.100 Used cooking oil containers.
8.12.110 Charges for solid waste collection.
8.12.140 Receptacles--Serviceability.
8.12.150 Solid waste management--Solid waste separation requirements.
8.12.160 Mandatory recycling service requirements.
8.12.170 Anti-scavenging activities.
8.12.180 Enforcement authority.
* For statutory provisions authorizing cities to contract for garbage and rubbish disposal, see Health and Saf. Code §4250; for provisions on state regulation of solid waste disposal, see Gov. Code §66700 et seq.
Prior legislation: Prior code §§8-101--8-1011; Ords. 216, 91-21, 94-08, 96-12 and 06-05.
8.12.000 Purpose and intent.
It is the intent of the ordinance codified in this chapter to amend Chapter 8.12 of the city of Kerman Municipal Code relating to the collection of solid waste and sources separation of recyclables in the city of Kerman. This chapter will establish requirements for recycling to meet Assembly Bill 939 under the California Integrated Waste Management Board. It is the purpose of the city of Kerman to benefit, protect and ensure public health, safety and welfare of its residents through this solid waste chapter. It shall be unlawful for any person to dispose of solid waste in a manner inconsistent with this chapter. (Ord. 08-02 §1(part), 2008).
8.12.010 Definitions.
A. "AB 939" means the California Integrated Waste Management Act of 1989 (Division 30, California Public Resource Code), as amended, supplemented, superseded, and replaced from time to time.
B. "Bin" means a one-yard, one-and-one-half-yard, two-yard, three-yard, four-yard, and six-yard metal container for the collection of solid waste or single-stream recycling.
C. "Bottles" includes containers that hold beverages or food which have necks which are narrower than the rest of the container. It does not include those containers, such as tubs, which have a mouth that is wider than the rest of the container.
D. "Bulky items" means all discarded household waste matter that is too large to be placed in a container, including, but not limited to, large household appliances, appliances containing chlorofluorocarbons, furniture, carpets, mattresses, and similar large items that require special handling due to their size, and which typically will be deposited by customers during community clean-up events. Bulky items placed by customers for collection shall not include excluded waste or household hazardous waste.
E. "Cardboard" includes material primarily used for boxes with a corrugated inner layer.
F. "Container" means wheeled plastic ninety-six-gallon containers provided by the hauler for collection of solid waste, including single-stream recyclables, and green waste material.
G. "Commercial customer" means any person or property owner of a business enterprise or commercial building receiving collection service.
H. "Community clean-up event" means the collection event services provided to residential customers with respect to bulky items and similar or related types of solid waste (which shall not include any hazardous waste items), as distinguished from those collection materials gathered by the franchise hauler.
I. "Collection" (and "collection services," "collect," "collected," and "collecting") means collection by a designated contractor of solid waste, including recyclable materials and green waste, and its transportation to a disposal or transfer facility, green waste processing facility, or a recycling facility.
J. "Construction and demolition debris (C&D)" means the debris from used construction materials, dredging, grubbing, and rubble resulting from constructing, remodeling, repair, razing, renovation, demolition, excavation or construction clean-up activities at residential, commercial or governmental buildings, and any other structure or pavement.
K. "Customer" means the person or entities receiving collection services.
L. "Dispose" means to dump, deposit, discharge, or unload solid waste either at the location it was generated or at another location, not including temporary storage at the place it was generated.
M. "Dwelling" means a residence, flat, apartment, live-well unit, or other facility, which meets the applicable city codes for residential living. "Dwelling" does not include a hotel or motel.
N. "Electronic waste (e-waste)" means consumer and business electronic equipment that is near or at the end of its useful life. Televisions, computer monitors, LCD desktop monitors, laptop computers with LCD displays, LCD televisions, plasma televisions, portable DVD players with LCD screens, printers, VCRs, cell phones, telephones, radios, and some microwave ovens.
O. "Universal waste" means hazardous waste generated by a wide variety of people that contains mercury, lead, cadmium, copper, or other substances hazardous to human and environmental health. Universal waste includes: batteries AAA, AA, C, D, button cell, 9-volt, and all others, both rechargeable and single use, cell phones, computers and computer monitors, electronic devices, fluorescent lamps, mercury waste like thermometers and toys, non-empty aerosol cans, and televisions.
P. Excluded Waste. All of the following types of waste materials are not to be placed in the refuse, recycling, or green waste container, bin, or container, unless instructed by the hauler:
1. Hazardous waste;
2. Medical and infectious waste;
3. Volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material;
4. Household hazardous waste;
5. Waste that the designated contractor reasonably believes would, as a result of or upon disposal, be a violation of federal, state, or local law, regulation or ordinance, including land use restrictions or conditions;
6. Waste that in the designated contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the franchise hauler or the city to potential liability;
7. Special waste (e-waste and universal waste).
Q. "Franchise hauler" shall mean the hauler that is contracted with the city by a franchise agreement to collect solid waste, recyclables, green waste, electronic waste, and construction and demolition materials.
R. "Green waste" means biodegradable materials including branches (less than three inches in diameter), brush, cut flowers, dead plants, grass clippings, house plants, leaves, prunings, shrubs, weeds, wood (uncoated and untreated), wood chips, yard trimmings, Christmas trees (placed in containers/bins); provided, that larger trees such as tree stumps and intact dead trees are considered bulky items for the purposes of this chapter. Green waste shall not include any excluded waste.
S. "Hazardous waste" shall have the meaning set forth in California Code of Regulations, Title 14, Division 7, Chapter 3, Article 4, (most notably Section 17225.32) and Health and Safety Code Section 25117, or in the Comprehensive Environmental Responsibility Compensation and Liability Act (42 USC Section 9601, et seq., commonly known as CERCLA), or in their successor laws and regulations as may be amended from time to time, whichever definition is determined by the city as more inclusive.
T. "Household hazardous waste" shall have the meaning set forth in California Code of Regulations, Title 14, Division 7, Chapter 7, Article 1.1, Section 18502 or successor laws and/or regulations, as such provisions may be amended from time to time.
U. "Illegal dumping" shall mean the disposal of waste in a non-permitted area, such as a back area of a yard, a stream bank, or some other off-road area. "Illegal dumping" shall also mean the pouring of liquid wastes or disposing of trash down storm drains or dumping waste in a container or bin where waste did not originate.
V. "Recyclable material" or "recyclables" means materials that have been separated from solid waste stream prior to disposal and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace, and that are not landfilled. The following list is the acceptable recyclable materials to be placed in the recycling container: aluminum, glass bottles and jars, plastic beverage bottles, tin and bi-metal cans, corrugated cardboard, and paper.
W. "Recycle," "recycled," "recycling" means the collection, sorting, cleansing, treating, and reconstituting of recyclable materials that would otherwise be disposed of, and returning them to the economy in the form of raw reconstituted products. The collection, transportation, or disposal of solid waste not intended for, or capable of, reuse is not recycling within the meaning of this chapter.
X. "Self-haul" or "self-hauling" means any individual may transport and dispose of solid waste, recyclable materials, or green waste, consistent with applicable city and the exclusive private hauler requirements, generated within the city limits by the household of that individual. For a commercial customer, self-hauling means performance of its disposal services by an individual listed on its payroll as an employee, but not as an agent.
Y. "Special waste" includes any materials that, under current or future statute, ordinance or regulation, require the application of special treatment, handling, or disposal practices beyond those normally required for solid waste. As defined for purposes of this chapter, "special waste" shall be deemed to include, without limitation, all of the following: flammable waste; liquid waste transported in a bulk tanker; sewage sludge; pollution control process waste; residue and debris from cleanup of a spill or release of chemical substances; contaminated soil, waste, reclamation, recycling, or disposal of any other special waste; dead animals; manure; wastewater; explosive substances; radioactive substances; fluorescent tubes; electronic waste; construction and demolition debris; and abandoned or discarded automobiles, trucks, motorcycles or parts thereof, including tires.
Z. "Solid waste" or "waste" means all putrescible and non-putrescible solid, semi-solid, and liquid waste, including garbage, trash, refuse, paper, rubbish, ashes, industrial waste, demolition and construction waste, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid waste, and other discarded solid and semi-solid waste. Solid waste does not include hazardous waste or radioactive waste. Solid waste does not include recyclable materials set out for separate collection for the purposes of recycling, and that are not landfilled.
AA. "Hauler" shall mean the city’s contracted exclusive franchised hauler responsible to collect solid waste, recyclables, green waste, and construction and demolition material within the city limits and to transport material to the appropriate facility. (Ord. 08-02 §1(part), 2008).
8.12.020 Collection service requirements.
The following methods will be used to meet the needs of the customers of the city for the collection and disposal of solid waste, recyclables, green waste, electronic waste, and construction and demolition material.
A. The city will use the franchise hauler to collect and transport solid waste, recyclables, green waste, and construction and demolition material from all single-family, multifamily, commercial, and industrial premises within the city limits.
B. The city’s franchise hauler shall be the only hauler permitted to remove solid waste, recyclables, green waste and construction and demolition material from single-family residences, multifamily residences and commercial and industrial businesses within the city limits, except that a person may self-haul.
C. Each residential customer will receive a ninety-six-gallon container for green waste material, a ninety-six-gallon container for recyclables, and a ninety-six-gallon container for trash from Mid Valley Disposal.
D. Customers with a permit to build or deconstruct a building structure within the city limits shall receive bins from the franchise hauler for separation of material.
E. Community clean-up events for collection of bulky material will be provided for city residents. (Ord. 08-02 §1(part), 2008).
8.12.030 Storage of commercial solid waste and recycling bins.
The owner and occupant of any premises, business establishment, or industry are responsible for complying with the city’s bin enclosure guidelines. The applicant for any development activity subject to this code shall include the location and design of all existing and proposed recycling and trash enclosures, and the design of site access points for solid waste and recycling collection vehicles in its plans.
A. Development Activity Other Than Duplexes, Triplexes, Fourplexes. For development activity other than duplexes, triplexes and fourplexes, the site plan shall provide for one or more double enclosures. If a trash compactor is proposed for use, the design and manufacturer’s detail drawings shall be submitted with the site plan submittal.
B. Trash and Recycling Containers. Trash and recycling containers shall be shown on the site plan at grade. Adequate capacity shall be provided for trash and recycling bins or containers.
C. Trash and Recycling Enclosure Accessibility. Trash and recycling enclosures shall be accessible to solid waste collection vehicles. Location and access shall, to the extent reasonably possible, be designed to minimize potential injury to employees or the public and damage to property from collection vehicles. The plan shall include designs for solid waste truck turnaround movements, showing access and turnaround areas, and "keep clear" areas, for solid waste collection vehicles. (Ord. 08-02 §1(part), 2008).
8.12.040 Exceptions for existing development.
A. Existing Recycling and Trash Bin Enclosure. If the development activity is a tenant improvement for a site, not requiring significant site improvements, that has an existing trash enclosure, then the required recycling containers for the facility shall be located inside the trash enclosure. If it is not possible to locate the required recycling bins in the trash enclosure, based on the municipal utilities director’s estimate of required volume, then recycling bins shall be located adjacent to the existing trash enclosure. Any proposed modifications to the existing trash enclosure shall comply with the requirements listed in Section 8.12.030 of this chapter.
B. No Existing Recycling and Trash Bin Enclosure. If the development activity does not have an existing trash enclosure, the development may be required to install a trash enclosure that will meet the requirements of Section 8.12.030 of this chapter. If it is determined by the municipal utilities director that there is insufficient space to construct a trash and recycling enclosure, the required recycling receptacle shall be located adjacent to the existing trash bins. Any proposed recycling and trash enclosure shall comply with the requirements listed in Section 8.12.030 of this chapter. The municipal utilities director shall have the authority to grant exceptions to the requirements under Section 8.12.030 of this chapter based on space and access considerations.
C. Waiver of Parking Requirement. In order to meet the required recycling volume requirement for the size of the facility, the planning commission and/or city council may grant a waiver to reduce required parking through approval of variance. The municipal utilities director and the community development director shall have the authority to grant the use of parking spaces for the location of recycling receptacles, provided the enclosure or receptacles meet the design specifications in Section 8.12.030 of this chapter and the reduction in parking spaces does not violate the minimum parking requirements for the development. (Ord. 08-02 §1(part), 2008).
8.12.050 Construction and demolition collection.
A. Introduction. To comply with state law and the city’s policy objectives of conservation of resources, any issuance of a building or deconstruction permit for a project within the city limits shall require compliance with recycling guidelines provided by the planning department and the provisions of this chapter. The franchise hauler shall provide bin service and shall transport the C&D debris to landfill or other appropriate destination, unless exempt from this chapter. All projects that require a permit to build or deconstruct are required to separate material and divert a minimum of fifty percent of recyclables and seventy-five percent of inert materials going to a landfill.
B. Definitions. As used in this section, and unless the context clearly requires a different meaning, the following words and phrases shall be defined as follows:
"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake construction, remodeling or demolition project within the city.
"Application fee" means a nonrefundable fee submitted by the applicant to the city to cover costs associated with this chapter.
"Completion" means the earliest of the following dates: the date a temporary certificate of occupancy is issued by the city for a project, the date a certificate of occupancy is issued by the city for a project, or the date the final city inspection approving the project is completed.
"Compliance official" means the person designated by the city manager who is authorized and responsible for implementing this chapter.
"Construction" means the building, rehabilitation, remodeling, renovation or repair of any structure or any portion thereof including any tenant improvements to an existing structure.
"Construction and demolition (C&D) debris" means material, other than hazardous waste, radioactive waste, or medical waste, that is generated by or results from construction or demolition-related activities including, but not limited to, construction, deconstruction, demolition, excavation, land clearing, landscaping, reconstruction, remodeling, renovation, repair, and site clean-up. C&D debris includes, but is not limited to, glass, asphalt, concrete, brick, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, steel, rock, soil, gravel, tree stumps, and other vegetative matter from the construction or destruction of a structure, a part of a construction or demolition project or from the renovation of a structure and/or landscaping.
"Conversion factor/conversion rate" means the rate set forth in the standardized conversion rate table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in the waste management plan.
"Covered project" means every construction, demolition or renovation project within the city of Kerman for which the total construction valuation thereof is equal or greater than one hundred thousand dollars, or which involves the demolition of a building or structure of one thousand square feet or more shall be considered a covered project and shall comply with the diversion requirement and with the other requirements of this chapter. For the purposes of determining whether a project meets the foregoing thresholds for a covered project, all phases of the project and all related projects taking place on a single or adjoining parcel shall be deemed a single project.
"Deconstruction" means the careful and systematic dismantling of buildings and structures in order to salvage materials for diversion.
"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, (wall, fence) whether in whole or in part, whether interior or exterior.
"Diversion requirement" means the diversion of a minimum of fifty percent of the total construction and demolition debris generated by a project and diversion of a minimum seventy-five percent of inert material.
"Divert/diversion" means the reuse of construction and demolition debris to avoid disposal in a landfill.
"Hearing officer" means the city staff designated by the city manager to whom appeals can be made under this chapter.
"Noncovered projects" means projects that do not require a waste reduction and recycling plan ("WRRP"). Applicants for noncovered projects shall be encouraged to divert at least fifty percent of all project-related C&D debris.
"Paving" means driveways, walkways, parking areas, streets and sidewalks.
"Permit" means any building or demolition permit issued by the city of Kerman building division of the planning and development services department.
"Project" means a demolition or construction activity for which a city permit is required, and, in the case of associated activities such as a housing development consisting of numerous single family homes, an apartment complex consisting of several detached buildings, or a commercial development consisting of several detached buildings, the "overall project" shall be defined as the entire development for purposes of determining exemption or nonexemption from the waste reduction requirement of this chapter.
"Recycling/recyclables/reuse" means the process of collecting, sorting, cleansing, treating, and reconstituting construction and demolition debris that would otherwise be disposed of in a landfill for use as raw material for new, reused, or reconstituted products which meet industry standards.
"Renovation/remodeling" means any change, addition or modification in an existing structure.
"Salvage" means the recovering of C&D debris from a building or demolition site for the purpose of recycling, reuse, or proper storage for future recycling or reuse.
"Security deposit" means cash, certified or cashier’s check or other security in a form approved by the compliance official.
"Source separated" means recyclables that have been segregated from solid waste by or for the generator thereof on the premises at which they were generated for handling different from that of solid waste.
"Structure" means anything constructed or erected that requires a location in the ground, including a building or swimming pool, but not including a fence or wall used as a fence, or driveways, or walkways.
"Waste reduction and recycling plan (WRRP)" means a completed city-provided form submitted by the permit applicant before the issuance of a building and/or demolition permit, and approved by the compliance official as demonstrating a plan for compliance with this chapter.
"Waste reduction and recycling summary report (WRRSR)" means a completed city-provided form submitted quarterly and after demolition or construction, as a precedent to final inspection and issuance of any certificate of occupancy, approved by the compliance official for the purpose of compliance with this chapter.
C. Application Fee. As a part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of construction and demolition debris, every applicant for covered projects, unless exempt, shall pay to the city a cash fee sufficient to compensate the city for expenses incurred in reviewing the waste reduction and recycling plan and administering activities governed by this chapter. The amount of the fee shall be one hundred fifty dollars and future fee adjustments shall be set forth in a resolution of the city council.
D. Security Deposit. As a condition precedent to the issuance of any permit for construction or demolition for a covered project, the applicant shall remit a deposit in the form of cash or cash equivalent such as cashier’s check or credit card payment to the city in amount of twenty-five cents for each square foot of construction or demolition, but not less than two hundred fifty dollars and not to exceed five thousand dollars. The deposit shall be returned, without interest, in total or prorated, upon proof of satisfaction by the compliance official that no less than the required percentage of construction and demolition waste tonnage generated by the covered project has been diverted from disposal and has been recycled or reused or stored for later reuse or recycling. If a lesser percentage of construction and demolition waste tonnage than required is diverted, a proportionate share of the deposit shall be returned. The deposit shall be forfeited entirely or to the prorated extent that there is a failure to comply with the requirements of this chapter. The city of Kerman may, by formal resolution, modify the amount of the required deposit.
E. Franchised Hauler and C&D Recycling Facility. Applicants may self-haul C&D material; provided, that the applicant can demonstrate to the satisfaction of city that the conditions of this chapter and all reporting requirements will be met. All other applicants shall contract with the city’s franchise hauler for services to collect C&D material from project. All material collected from C&D projects shall be taken to the franchise hauler’s transfer station for processing. All waste must be delivered to the franchise hauler’s transfer station located at 15300 W. Jensen Avenue, Kerman, CA.
F. Designated Recyclables and Reusable Materials. "Designated recyclable and reusable material" means all construction or demolition waste that fits within any of the following categories:
1. Masonry building materials including all products generally used in construction including but not limited to asphalt, concrete, rock, stone, and brick.
2. Wood materials including any and all dimensional lumber, fencing, or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated, or painted.
3. Trees, tree parts, shrubs, stumps, logs, brush, or any other type of plants that are not cleared from a site for construction or other use.
4. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames, and fences.
5. Roofing materials including wood shingles as well as asphalt, stone, and slate based roofing material.
6. "Salvageable materials" includes all salvageable materials and structures including but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs, and appliances.
7. Any other construction or demolition debris that is nonhazardous and available for recycling or reuse.
G. Diversion Requirements. Fifty percent of construction recyclables and seventy-five percent of inert materials of demolition debris generated from every applicable construction, remodeling, or demolition project shall be diverted from going to landfills by using recycling, reuse, and diversion programs. Separate calculations and reports will be required for the construction and demolition portions of projects that involve both activities.
H. Project Exemptions. The following projects shall not be subject to the provisions of this section:
1. Immediate or emergency demolition required to protect the public health, safety or welfare, as determined by any public safety official or code compliance officer of the city given prior to demolition.
2. Projects in any single-family residential districts, which consist solely of either an accessory structure or a swimming pool.
3. A project for which an exception, conditional use permit or design review approval has been obtained from the city prior to the effective date of the ordinance codified in this section.
4. A project for which a valid building permit has been lawfully issued by the city prior to the effective date of the ordinance codified in this section.
5. A project contaminated by hazardous substances or waste as defined by state or federal law.
I. Diversion Requirement Exemptions. Neither a construction and demolition debris waste reduction and recycling plan nor a deposit shall be required for the following:
1. Work for which a building permit is not required under the International Building Code.
2. Work for which only a plumbing permit, only an electrical or only a mechanical permit is required.
3. Seismic tie-down projects.
4. The installation or replacement of shelves.
5. Installation of pre-fabricated patio enclosures and covers where no foundation or other structural building modifications are required.
6. Installation of swimming pools and spas; provided, that the exemption shall apply only to (a) the area to be excavated for the installation of the pool or spa and (b) the area for the pad for the pool/spa equipment that does not exceed sixteen square feet, and shall not apply to any related construction or alterations necessary for any other equipment or accessories, nor to any other portion of the project.
7. Installation of pre-fabricated accessories such as signs or antennas where no structural building modifications are required.
J. Waste Reduction and Recycling Plan Requirements. All applicants for covered projects shall complete and submit a waste reduction and recycling plan as part of the application packet for a permit issued for a covered project. The WRRP shall include the following information, calculated with the conversion rate, and shall be attested by the applicant, under penalty of perjury, as true and correct for all stated facts and as a best estimate based on all information reasonably available about the project, where all of the facts cannot be ascertained:
1. The estimated volume or weight of project waste to be generated by material type;
2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling by material type;
3. The vendor(s) that the applicant proposes to use to haul the materials;
4. Facility(s) the materials will be hauled to, and their expected diversion rates by material type; and
5. The estimated volume or weight of construction and demolition waste that will be disposed.
Because actual material weights are not available in this stage, estimates are used. In estimating the volume or weight of materials as identified in the WRRP, the applicant shall use the standardized conversion rates approved by the city of Kerman for this purpose.
K. Review of Waste Reduction and Recycling Plan.
1. Time for Review. A waste reduction and recycling plan shall be approved or denied no later than five business days after a complete application is made. The approval may be based on imposed conditions reasonably necessary to meet the standards of this chapter.
2. Approval. Notwithstanding any other provision of this chapter, no permit shall be issued for any covered project unless and until the waste reduction and recycling plan has been approved, based upon the following findings by the waste management plan compliance official:
a. The applicant has paid the application fee;
b. The applicant has remitted the security deposit;
c. The applicant has completed the WRRP and all of the information required in this chapter has been provided;
d. The WRRP indicates that fifty percent percent of all construction and/or demolition waste and seventy-five percent of all inert material generated by the project shall be diverted (or new diversion goal set in accordance with the applicant’s approved diversion requirement exemption request); and
e. The plan establishes a mechanism such that the diversion requirements shall be met.
3. Non-Approval. If the compliance official determines that the WRRP is incomplete or fails to indicate that at least fifty percent percent (or new diversion goal set in accordance with the applicant’s approved diversion requirement exemption request) of all construction and/or demolition waste generated by the project will be diverted, he or she shall either:
a. Return the WRRP to the applicant marked "Denied," including a statement of reasons, and will notify the building department, which shall then immediately stop processing the building or demolition permit application; or
b. Return the WRRP to the applicant marked "Incomplete, Further Explanation Required."
The applicant may resubmit the waste reduction and recycling plan within forty-five calendar days without forfeiting the application fee. If the waste reduction and recycling plan is submitted after forty-five calendar days, the original application fee is forfeited and an additional application fee must be submitted before the waste reduction and recycling plan can be reviewed and the building or demolition permit issued.
L. Waste Reduction and Recycling Summary Report. Prior to the final inspection or issuance of a certificate of occupancy, the applicant shall submit a waste reduction and recycling summary report, under penalty of perjury, to the compliance official. The form shall include the following information:
1. The dates demolition and construction actually commenced;
2. The actual volume or weight of construction and demolition debris, listed for each material;
3. The actual volume or weight of construction and demolition debris that was diverted, listed for each material;
4. A specification of the method used to determine the volume and weights and a certification that the method used was the most accurate, commercially reasonable method available; and
5. Original receipts from all vendors and facilities which collected or received construction and demolition debris, indicating actual weights and volumes received by each.
M. Compliance with Diversion Requirements.
1. Inspection Authority. During demolition or construction, the compliance official may inspect project sites to determine compliance with the waste reduction and recycling plan. The applicant, if requested, must supply proof of recycling within five business days. Failure to comply with the waste reduction and recycling plan during construction or demolition may be grounds for issuance of a stop work order and/or issuance of administrative citations. Each day that the applicant fails to comply with the requirements of this section constitutes a separate offense.
2. Proof of Diversion. Recyclables must be diverted from the landfill in order to meet the requirements of this section. Applicants will be required to submit proof of compliance at the end of each project to demonstrate compliance with the project specific waste reduction and recycling plan. The document shall consist of a final completed waste reduction and recycling summary report showing actual data of tonnage of materials recycled and diverted, supported by originals or certified copies of receipts and weight tags or records of measurement from recycling companies, contractors and/or landfill and disposal companies. Receipts and weight tags will be used to verify if material generated from the site has been or is to be recycled, reused, salvaged or otherwise disposed of. The WRRSP are to be submitted at the end of the project as a precedent to final inspection and certificate of occupancy.
3. Determination of Compliance and Refund of Deposit. The compliance official shall review the end of project waste reduction and recycling summary report within thirty calendar days and determine whether the applicant has complied with the diversion requirement, as follows:
a. Full Compliance. The compliance official will notify the applicant and planning and development services department if they determine that the diversion requirements have been met. The cash deposit shall be returned, without interest, within thirty calendar days of the compliance determination.
b. Good Faith Effort to Comply. If the compliance official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this chapter. In making this determination, the compliance official shall consider the availability of markets for the construction debris sent to the land fill, the size of the project, and the documented efforts of the applicant to divert construction debris. The compliance official may authorize a partial refund of the deposit when less than the minimum diversion requirement is met. The partial refund shall not exceed that portion of the deposit that is in the same ratio as the demonstrated amount diverted. The partial refund will be issued within thirty calendar days of the compliance determination.
c. Noncompliance. If the compliance official determines that the applicant has not made a good faith effort to comply with this section, no refund will be issued. The deposit shall be forfeited entirely for failure to comply with the requirements of this section.
N. Thresholds for Covered Projects.
1. Covered Projects (Construction and Renovation). All construction and renovation projects within the city of Kerman, the total cost of which is projected to be greater than or equal to one hundred thousand dollars, shall comply with the provisions of this chapter, shall submit a waste reduction and recycling plan prior to beginning any construction or renovation activities, and shall be subject to the provisions of this chapter. Failure to comply with any of the terms of this chapter shall subject the applicant to the full range of enforcement mechanisms set forth herein.
2. Covered Projects (Demolition). All demolition projects within the city of Kerman, which are projected to be greater than or equal to one thousand square feet, shall comply with the provisions of this chapter shall submit a waste reduction and recycling plan prior to beginning any demolition activities, and shall be subject to the provisions of this chapter. Failure to comply with any terms of this chapter shall subject the applicant to the full range of enforcement mechanisms set forth herein.
3. Noncovered Projects (Construction and Renovation). Applicants for construction and renovation projects whose total construction valuation is less than one hundred thousand dollars are not required but shall be encouraged to divert at least fifty percent of all project material-related construction and demolition waste.
4. Noncovered Projects (Demolition). Applicants for demolition projects within the city of Kerman which are less than one thousand square feet are not required, but shall be encouraged, to divert at least fifty percent of all project-related demolition waste.
5. City of Kerman sponsored projects (construction and renovation) whose total cost is equal or greater than one hundred thousand dollars shall be considered covered projects for the purposes of this chapter, shall submit a waste reduction and recycling plan prior to the beginning of construction or demolition activities, shall be subject to the provisions of this chapter. City of Kerman sponsored projects whose total costs are less than one hundred thousand dollars shall be considered noncovered projects and are not required to, but shall be encouraged, to divert at least fifty percent of all project-related demolition waste.
6. City of Kerman sponsored projects (demolition) which are equal to or greater than one thousand square feet shall be considered covered projects for the purpose of this chapter, shall submit a waste reduction and recycling plan prior to beginning any demolition activities, and shall be subject to provisions of this chapter. City of Kerman sponsored projects which are less than one thousand square feet shall be considered noncovered projects and are not required, but shall be encouraged, to divert at least fifty percent of all project-related waste.
O. Forfeiture of Deposit. If the compliance official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by this chapter within the required time period, then the deposit shall be forfeited to the city.
P. Fines and Penalties. If the compliance official determines that the applicant is not in substantial compliance with this chapter, or if the applicant fails to submit the documentation required, then the applicant shall pay a penalty of one hundred dollars for the first violation, two hundred dollars for the second violation, and five hundred dollars for each additional violation within one year after the first violation. The foregoing penalties shall be imposed in addition to any other consequence that may arise from such noncompliance.
Q. Appeals. Any person or entity aggrieved by any decision or finding under the provisions of this chapter with respect to approving or to denying a waste management plan or to granting or denying an application for an exception from compliance with this chapter may appeal such decision or finding. An appeal must be filed within five days after receipt of notice of any protested decision or finding by filing with the director of planning and development a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than ten days after receipt of the letter of appeal. Appellant shall be given at least five days’ notice of the time and place of the hearing. A hearing officer, appointed by the city manager, shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the decision or finding should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the decision or finding appealed. At the conclusion of the hearing, the hearing officer shall make a final and conclusive determination. (Ord. 09-03 §2, 2009: Ord. 08-02 §1(part), 2008).
8.12.060 Exclusive franchise solid waste hauler requirements.
A. The franchise hauler shall:
1. Operate within the guidelines established by the city ("guidelines"). Such guidelines shall include, but will not be limited to, standards for equipment and vehicle maintenance, including removal of graffiti, maintaining proper company identification with phone number, and maintaining a current valid DMV registration.
2. Ensure that all solid waste vehicle drivers have a valid California driver’s license appropriate for the vehicle driven; maintain minimum collection frequency for all solid waste accounts in accordance with local and state requirements; ensure noise is kept to the minimum necessary to provide collection services to accounts; and ensure vehicles are appropriately registered by the Department of Motor Vehicles.
3. All vehicles and equipment used in the city by the franchise hauler, including but not limited to trucks, trailers, or waste containers, must be maintained in good working order.
4. The franchise hauler shall provide all residential and commercial customers with appropriate containers to collect garbage, green waste and recyclable material.
5. Franchise hauler shall deliver all recyclables collected to a recycling facility. (Ord. 08-02 §1(part), 2008).
8.12.070 Hazardous waste screening.
The franchise hauler shall screen at the point of collection all loads of solid waste, green waste, recyclables, and C&D, using appropriate means of inspection, to eliminate, where practical, the transportation of known or suspected hazardous waste. Hazardous waste found at the point of collection shall not be collected and the franchise hauler shall immediately notify the generator to not dispose of hazardous waste in solid waste, recycling, green waste, or C&D loads. The franchise hauler will be responsible to provide the generator with education regarding proper disposal for hazardous waste material. (Ord. 08-02 §1(part), 2008).
8.12.080 Inspection of containers or bins authorized.
The city or franchise hauler is authorized to inspect solid waste, recycling, green waste and C&D containers, bins, or containers. (Ord. 08-02 §1(part), 2008).
8.12.090 Responsibility for service.
A. Every owner or commercial tenant of any premises within the city where solid waste is generated and/or accumulated shall accept collection service from the franchise hauler under terms of the franchise agreement between city and franchise hauler.
B. Every owner or commercial tenant shall initiate service within ten days of occupancy of any premises or place within the city where solid waste is generated and/or accumulated. If service is not initiated within this time period, the city of Kerman shall give written notice to the owner that such service is required. If service is not started within ten days of the date of the mailing or delivery of the notice, the city of Kerman may require the franchisee to initiate service.
C. If the city of Kerman or franchise hauler determines that additional solid waste bins/containers or capacity is necessary, the exclusive private hauler shall provide for such additional service within ten days of the date of the mailing of written notice by the city of Kerman.
D. Residents shall place containers at the curb for pickup before six a.m. on their scheduled collection day. Opening of lid should face the street or alley and lids must be closed and not overfilled.
E. Containers should be removed from the curb within thirty-six hours of being serviced and stored in a location that cannot be viewed from the street. (Ord. 08-02 §1(part), 2008).
8.12.100 Used cooking oil containers.
All commercial establishments that utilize cooking oil for cooking or frying of food shall place cooking oil in a watertight container bearing the name of the establishment, having a tight fitting lid, and which, when filled, shall not exceed fifty pounds in weight. All commercial establishments must contract with a liquid waste hauler to collect liquid waste. (Ord. 08-02 §1(part), 2008).
8.12.110 Charges for solid waste collection.
A. Charges for collection service in the city shall be as established from time to time by contract between the city and the franchise hauler.
B. Said charges shall be paid at the same time and in the same manner as the water and other city utility charges are paid and all applicable rules and regulations governing the collection of water and other city utility charges shall apply in the collection or assessment for the collection of solid waste.
C. If payment of services is delinquent according to the city’s policies and ordinances, water will be shut off.
D. Within ten days after water is shut off, solid waste, recycling, and green waste containers/bins will be removed from location. A delivery fee will be charged to reinstate services.
E. It shall be the responsibility of the property owners or the legal occupant of any premises to pay for solid waste services. (Ord. 08-02 §1(part), 2008).
8.12.120 Penalties.
It shall be a violation of this chapter for any residential customer that fails to follow recycling guidelines, and such violation may result in the imposition of fines or penalties as follows:
A. The franchise hauler will mail the customer a warning notice on the first instance of contamination with the recycling, green waste, or solid waste container. The next instance of contamination, the hauler will mail a contamination notice, notifying the customer that they are required to pay a fine.
B. First fine: ten dollars within any twelve-month period.
C. Second fine: twenty-five dollars within any twelve-month period.
D. Third fine: fifty dollars within any twelve-month period.
E. If the customer continues to contaminate containers a fine of fifty dollars will continue to be placed on the customer utility billing account.
F. Customers will be billed for fines on their monthly utility statements. (Ord. 08-02 §1(part), 2008).
8.12.130 Prohibited acts.
A. No person owning or occupying any premises in the city shall accumulate, or allow to be accumulated, waste materials of any kind; however, this section shall not be construed as interfering with a construction project during the construction period.
B. No person shall dump, place or bury any waste of any kind on any premises or in any public place or right-of-way within the city.
C. No persons or business shall contract for recycling or waste collection which would violate the exclusive provisions of the franchise agreement.
D. No person shall illegally dump solid waste or prohibited material in a green waste container, bin, or container where material did not originate.
E. No other person or contractor shall collect or transport solid waste, recyclables, green waste, or C&D upon or through any street, alley or public place in the city, unless franchised. The following persons shall be exempt from this prohibition:
1. Landscaping and yard maintenance persons who, as a consequence of their business activity, may generate, transport, and dispose of green waste they generate.
2. Building contractors may self-haul using their company-registered vehicles. No solid waste bin or container may be used, unless provided by the franchise hauler, for hauling C&D material from C&D project. Refer to the C&D provisions of this code for details.
3. Self-haulers.
F. No person shall combine designated, unsoiled recyclables with other solid waste. Failure to source separate designated materials for recycling is a violation of this chapter.
G. Violations of any provisions of this chapter shall be considered an infraction. (Ord. 08-02 §1(part), 2008).
8.12.140 Receptacles--Serviceability.
All solid waste, recyclables, and green waste to be collected by the hauler shall be deposited for collection in a green waste container, bin, or container provided by the hauler. (Ord. 08-02 §1(part), 2008).
8.12.150 Solid waste management--Solid waste separation requirements.
A. Recyclable material and green waste material each shall be separated by customer from solid waste, and each shall be placed by customer in the designated containers for collection.
B. An owner, landlord or agent of an owner or landlord of a multifamily rental housing property, mobile home park, trailer park or recreational vehicle park with three or more units shall comply with its separation responsibilities by establishing a collection and storage system for separated recyclables at each premises.
C. All inhabited or occupied property within the city must use the franchise hauler designated by the city. (Ord. 08-02 §1(part), 2008).
8.12.160 Mandatory recycling service requirements.
All persons within the city of Kerman owning or in control of premises used as occupied residence, place of business, or other building or place where persons reside, congregate or are employed shall subscribe to and thereafter use the weekly scheduled mandatory recycling collection services provided by the franchise hauler. Residential and commercial generators must ensure that mixed recyclables are placed in the proper recycling bin or container. This section and Sections 8.12.140 and 8.12.150 do not limit residents selling recyclables to certified refund value (CRV) buy back centers. This section shall require CRV buy back centers to report recycling volumes to the Department of Conservation, California Integrated Waste Management Board, and the city when requested. (Ord. 08-02 §1(part), 2008).
8.12.170 Anti-scavenging activities.
The city of Kerman shall have the authority and responsibility for enforcing this section.
A. It shall be unlawful for any person other than the franchise hauler or other authorized person(s) to remove from any curb, alley, street, designated pick-up location, or any storage area or container, any separated salvageable commodity.
B. It shall be unlawful for any person to disturb or tamper with any container, bin, or container containing salvageable material, or the contents thereof, or to remove any such container, bin, or container from the location where the same was placed by the owner of said container or bin. (Ord. 08-02 §1(part), 2008).
8.12.180 Enforcement authority.
The city’s code enforcement department employees are empowered and required to enforce the provisions of this chapter, and shall have the right to enter upon all premises for the purpose of inspecting for or obtaining compliance with this chapter, except that a warrant shall be obtained if permission to enter private property has not been granted by the owner or legal occupant of such property. (Ord. 08-02 §1(part), 2008).