Chapter 8.06
COLLECTION OF RECYCLABLE WASTE MATERIALS1

Sections:

Article I. General Provisions

8.06.010    Findings and purpose.

8.06.020    Enforcement.

8.06.030    Definitions.

8.06.040    Mandatory duty to recycle – Penalties.

Article II. Residential Curbside Recycling Program

8.06.050    Curbside recycling program established.

8.06.060    Fees for curbside recycling service.

8.06.070    Educational and promotional services.

8.06.080    Storage of recyclables for curbside collection.

8.06.090    Regulation of service.

8.06.100    Vehicles used to transport recyclables.

8.06.110    Collection of fee by recycling contractor.

8.06.120    Ownership of recyclable waste material.

8.06.130    Unauthorized collection prohibited.

8.06.140    Civil action by authorized recycling contractor.

8.06.150    Right of individual to dispose of recyclable waste material.

Article III. Recycling at Nonresidential Establishments

8.06.160    Recycling collection site plan required.

8.06.170    Approval of recycling collection site plan.

8.06.180    Appeal.

Article IV. Food Packaging Recycling

8.06.190    Voluntary phase-out period.

8.06.200    Returnable and recyclable food packaging.

8.06.210    Prohibited food packaging.

8.06.220    Retail food establishment reporting requirements.

8.06.230    Inspection of documents.

8.06.240    Exemptions.

Article I. General Provisions

8.06.010 Findings and purpose.

A. Existing landfill space for the disposal of municipal solid waste is rapidly diminishing. The California Integrated Solid Waste Management Act now mandates 25 percent landfill diversion by 1995 and 50 percent landfill diversion by the year 2000. (Public Resources Code Section 41780). The recycling of recyclable materials will help postpone the need for new landfill capacity, help the city meet its mandatory landfill diversion quotas and also reduce pollution and loss of resources which occurs when perfectly usable materials are discarded.

B. Take-out food packaging constitutes a significant and growing portion of the material in the city’s waste stream. An additional concern is that much of the nonrecyclable take-out food packaging is made of polystyrene foam in which chlorofluorocarbons (“CFCs”) were used as a blowing agent in the manufacturing process. Available scientific evidence indicates a strong probability that CFCs, when discharged into the atmosphere, degrade the earth’s ozone layer. There are substitutes for these polystyrene take-out food packaging products which do not use CFCs in their manufacture. Requiring that take-out food packaging be made of non-CFC processed material be recyclable, reusable or made of recycled materials is an essential part of an effective integrated solid waste management program for the citizens of the city and others working or doing business in the city.

C. The health, welfare and safety of the people in the city are promoted by the use of returnable or recyclable materials in take-out food packaging and by the city-wide collection of recyclable waste materials. The purpose of this chapter is to mandate the collection and recycling of recyclable waste materials, establish a curbside recycling program to aid this requirement, and to reduce the use of take-out food packaging which is not reusable or recyclable. [Ord. 1019 § 1, 1991.]

8.06.020 Enforcement.

The code enforcement officer is assigned the duty and responsibility of enforcing this chapter. The city manager may designate additional city staff to enforce this chapter. [Ord. 1019 § 1, 1991.]

8.06.030 Definitions.

In this chapter, unless the context otherwise requires:

“Authorized recycling contractor” or “contractor” means the city or a person authorized by city contract to collect recyclable waste materials.

“CFC-processed food packaging” means any food packaging which uses chlorofluorocarbons (“CFCs”) as blowing agents in its manufacture. Chlorofluorocarbons are the family of substances containing carbon, fluorine and chlorine, having no hydrogen atoms and no double bonds.

“Curbside recycling program” means the city’s recycling program by which recyclables are picked up from single-family and multifamily residences without payment of any redemption value to the property owner.

“Designated recycling collection location” means the site where recycling bins are placed for the purpose of collection of recyclable waste materials through the curbside recycling program.

“Material” means the composition of products utilized to wrap, box, bag, carry, decorate or temporarily protect food and beverages sold at retail food establishments, and includes without limitation glass, aluminum, nonaluminum metal, cardboard, paper, paperboard, poly-coated paper, and polystyrene plastic.

“Multifamily residential” means a dwelling unit which includes two or more individual living units and which receives communal refuse and curbside recycling service.

“Nonresidential establishment” means business, commercial, industrial and other types of premises other than single-family and multifamily residential and includes without limitation all commercial use classifications provided in PMC 18.08.080, governmental and quasipublic use classifications provided in PMC 18.08.060, and all industrial use classifications provided in PMC 18.08.100.

“Polystyrene plastic” means a thermoplastic petrochemical material utilizing a styrene monomer and a blowing agent compound which is used to produce molded expanded or extruded polystyrene plastic foam.

“Post-consumer recycled material” means a finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item, and which is separated or collected separately from the waste stream and made available for reuse as a raw material.

“Recyclable waste material” or “recyclables” means all items designated by the city to be collected within designated recycling collection containers during residential curbside recycling programs, including, but not limited to, glass, PET plastic, aluminum cans and newspapers; and all items designated by the city as commercial recyclables, including, but not limited to, paper, cardboard, glass, aluminum, plastic packaging, bi-metal cans, HDPE bottles, PET bottles, wood, sawdust and oil.

The city council may, by resolution, add additional items to the definition of recyclable waste material.

“Recyclables” do not include household hazardous waste as defined by PMC 18.84.297, or refuse as defined by PMC 8.04.030.

“Recycle” or “recycling” means the process of separating and collecting used materials which would otherwise become solid waste, for the purpose of reprocessing them to create new materials to be returned to the economic mainstream.

“Recycling collection facility” means a center for the acceptance by donation, redemption, or purchase of recyclable waste materials from the public and includes the facilities regulated by Chapter 18.84 PMC.

“Responsible person” means both the owner and the occupant of real property within the city. An obligation of a responsible person under this chapter is the obligation of both the owner and occupant.

“Retail food establishment” means all sales outlets, stores, shops, restaurants, vending machines, vehicles or other places of business located within the city which sell or convey ready-to-eat foods or beverages directly to the ultimate consumer for immediate consumption.

“Returnable” means take-out food packaging, such as but not limited to soft drink bottles and milk containers that are capable of being returned to the distributor or supplier for reuse as the same food or beverage container at least once.

“Single-family residential” means a dwelling which receives individual refuse and curbside recycling service.

“Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid waste, including garbage, refuse and rubbish as defined by this section, but does not include dead animals, corrosive substances, sludge, oil, or sewage.

“Take-out food” means prepared foods or beverages requiring no further preparation to be consumed and which are normally consumed within one hour of purchase. Take-out food includes food prepared for consumption on a restaurant’s premises but not entirely consumed by the purchaser, with leftovers boxed, bagged or wrapped for later consumption off premises. Take-out food does not include food packaged and sealed by a distributor or supplier prior to being received by a retail food establishment.

“Take-out food packaging” means all containers, boxes, bags, cups, lids, cans, trays, wraps, straws, utensils, and napkins provided with take-out food and beverages sold at retail food establishments. [Ord. 1019 § 1, 1991.]

8.06.040 Mandatory duty to recycle – Penalties.

A. A mandatory obligation is imposed on each responsible person as to every type of real property to separate and recycle all recyclable waste materials from the solid waste generated on the property.

B. Mandatory recycling may be facilitated through the use of the city’s curbside recycling program, or by use of a privately owned and operated recycling collection facility as described and regulated in Chapter 18.84 PMC.

C. No person may store or dispose of recyclables in a manner which is likely to provide harbor for rodents or other vermin, or which causes a public nuisance or public health hazard, or in a manner which violates this chapter.

D. Failure to comply with any provision of this chapter is an infraction, punishable as provided in PMC 1.12.020. [Ord. 1019 § 1, 1991.]

Article II. Residential Curbside Recycling Program

8.06.050 Curbside recycling program established.

A. A curbside recycling program is established to provide curbside recycling services to all single- family and multifamily residences within the city.

B. The city may provide the curbside recycling services through the use of one or more authorized recycling contractors.

C. Participation by a responsible person in the residential curbside recycling program is encouraged but is not mandatory. [Ord. 1019 § 1, 1991.]

8.06.060 Fees for curbside recycling service.

A. A recycling fee is imposed on the owner of single-family residential property and the owner of multifamily residential property whether or not the owner participates in the curbside recycling program. The purpose of the fee is to pay for the curbside recycling service. No fee shall be payable unless a residential curbside recycling program is in place.

B. The city council shall fix the amount of the recycling fee by resolution. The rates adopted by the city council may be a single fee for all classes of users or a fee for each class of users, such as one fee for single-family residential property and another fee for owners of multifamily residential property.

C. If the city elects to enter into a contract with its refuse collector for the curbside collection of recyclables, the recycling fee may be collected by the contractor as a surcharge on the refuse collection rate provided for in any refuse contract pursuant to Chapter 8.04 PMC. [Ord. 1019 § 1, 1991.]

8.06.070 Educational and promotional services.

The city may require the recycling contractor to provide community educational and promotional services for the recycling program. The city may also enter into a contract for additional community educational and promotional services with a separate advertiser or public relations services provider. Fees collected under PMC 8.06.060 may be used for the services described in this section. [Ord. 1019 § 1, 1991.]

8.06.080 Storage of recyclables for curbside collection.

A. The authorized recycling contractor shall provide each owner or occupant of a single-family residential unit with plastic reusable containers to use for storage of recyclables. Newspapers to be recycled shall be stored in one of the containers. All recyclable glass, aluminum and plastic shall be stored in the other container(s). Each responsible person shall place these containers in the rear or side yard of the dwelling or within the garage or interior of the dwelling on days other than curbside collection days.

B. The owner of a multifamily residential unit which receives communal refuse service shall provide and maintain space on-site for recycling bins. The recycling bins must be sited within or adjacent to each trash enclosure, or adjacent to each dumpster or other trash container. The authorized recycling contractor shall supply the recycling bins. The occupant of a multifamily residential unit shall use the recycling bins provided.

C. The plastic reusable containers and recycling bins remain the property of the city or its authorized recycling contractor, as specified by agreement between them. [Ord. 1019 § 1, 1991.]

8.06.090 Regulation of service.

A. The authorized recycling contractor shall collect recyclables from the plastic reusable containers and the recycling bins weekly on the same day as the regularly scheduled refuse collection referred to in Chapter 8.04 PMC.

B. Single-Family Residential. The responsible person shall ensure that each reusable plastic container for recyclable materials is placed at the curb for collection not earlier than 6:00 p.m. on the day preceding the day of collection and not later than 6:00 a.m. on collection day. After collection of the recyclable, the responsible person shall remove each empty container from the street not later than 8:00 p.m. on collection day. No person shall place a container so that either the sidewalk or street gutter is obstructed.

C. Multifamily Residential. The authorized recycling contractor shall collect recyclables from the recycling bins at their storage location. [Ord. 1019 § 1, 1991.]

8.06.100 Vehicles used to transport recyclables.

Each vehicle used for hauling recyclable materials within the city shall be of such construction as to comply with all applicable laws, rules and regulations, and shall be of a type and construction to prevent overflow. [Ord. 1019 § 1, 1991.]

8.06.110 Collection of fee by recycling contractor.

The authorized recycling contractor is responsible for the collection of the recycling fee on behalf of the city, on such terms and conditions as agreed between them. [Ord. 1019 § 1, 1991.]

8.06.120 Ownership of recyclable waste material.

Upon the placement of recyclable waste materials at the curbside or within the recycling bin for collection, the recyclable waste material becomes the property of the authorized recycling contractor. [Ord. 1019 § 1, 1991.]

8.06.130 Unauthorized collection prohibited.

During the 24-hour period beginning at 6:00 p.m. preceding the day designated for collection of recyclable waste material, no person other than an authorized recycling contractor shall remove recyclable waste material which has been placed at a designated recycling collection location. Each unauthorized collection from one or more designated recycling collection locations during the 24-hour period shall constitute a separate and distinct offense punishable as provided in this chapter. [Ord. 1019 § 1, 1991.]

8.06.140 Civil action by authorized recycling contractor.

This chapter does not limit the right of an authorized recycling contractor to bring a civil action against a person who violates PMC 8.06.130. A criminal conviction for such violation does not exempt a person from a civil action brought by an authorized recycling contractor. [Ord. 1019 § 1, 1991.]

8.06.150 Right of individual to dispose of recyclable waste material.

This chapter does not limit the right of a person to donate, sell or otherwise dispose of recyclable waste material so long as the disposal complies with this chapter. [Ord. 1019 § 1, 1991.]

Article III. Recycling at
Nonresidential Establishments

8.06.160 Recycling collection site plan required.

A. Each responsible person for a nonresidential establishment shall ensure that a recycling collection site plan (“plan”) is submitted to the city’s planning director. The plan shall:

1. Include a waste audit on a form to be prescribed by the city which shall identify the categories and volume of recyclables generated on the property;

2. Designate space on the property to be used for collection of all recyclable waste materials generated on the property;

3. Identify the means of recycling to be used by the property, such as reverse vending machines, off-site collection facilities, mobile recycling units, on-site or off-site processing facilities;

4. Identify the means and frequency of any off-site transport of the recyclables;

5. Identify the contact person at the nonresidential establishment responsible for coordinating the recycling collection site plan.

B. The plan shall be submitted to the city’s community development department by June 30, 1992. [Ord. 1019 § 1, 1991.]

8.06.170 Approval of recycling collection site plan.

A. The planning director or his designee shall approve the plan if it conforms to the requirements and intent of this chapter and is otherwise consistent with provisions of the municipal code.

B. The applicant shall be notified in writing of the action taken by the community development director. An approved plan must be fully implemented within three months after the approval date.

C. If the plan is denied, the applicant must resubmit a revised plan within one month after the denial date. [Ord. 1019 § 1, 1991.]

8.06.180 Appeal.

Any determination of the planning director may be appealed in the time and manner specified by PMC 1.08.060 through 1.08.080. [Ord. 1019 § 1, 1991.]

Article IV. Food Packaging Recycling

8.06.190 Voluntary phase-out period.

The city encourages the immediate, voluntary phase-out of take-out food packaging sold or offered at retail food establishments within the city, that is neither returnable, made of materials all of which are readily recyclable, nor made with a significant amount of post-consumer recycled material. The provisions of this article are voluntary until January 1, 1993. On or after January 1, 1993, the provisions of this article are mandatory without further notice. [Ord. 1019 § 1, 1991.]

8.06.200 Returnable and recyclable food packaging.

A. On and after January 1, 1993, at least 25 percent by volume of each retail food establishment’s packaging in which take-out food is sold or provided to customers or which is kept, purchased or obtained for this purpose shall be returnable or recyclable.

B. On and after January 1, 1995, at least 50 percent by volume of each retail food establishment’s packaging in which take-out food is sold or provided to customers or which is kept, purchased or obtained for this purpose shall be returnable or recyclable. [Ord. 1019 § 1, 1991.]

8.06.210 Prohibited food packaging.

On and after January 1, 1993, no retail food establishment shall purchase, obtain, keep, sell, distribute or otherwise use in its business any polystyrene CFC-processed take-out food packaging except as provided in PMC 8.06.240. [Ord. 1019 § 1, 1991.]

8.06.220 Retail food establishment reporting requirements.

A. A retail food establishment shall maintain a written statement from the take-out food packaging supplier or manufacturer specifying:

1. The identity of the packaging’s manufacturer;

2. Whether the packaging is returnable;

3. Whether the packaging is recyclable;

4. The minimum amount of post-consumer recycled material in the packaging material;

5. That the packaging is not CFC-processed.

This written statement shall be made available to any person upon request.

B. It shall be unlawful for any food packaging manufacturer or retail food establishment to make any misstatement of material fact to the city manager or his designee regarding the returnable or recyclable nature of the packaging material or the use or nonuse of CFCs in the manufacture of the packaging material.

C. A retail food establishment shall maintain written records evidencing its compliance with this article.

D. A retail food establishment shall confirm its compliance with this chapter on its annual business license renewal form. [Ord. 1019 § 1, 1991.]

8.06.230 Inspection of documents.

All statements and documents required by this article shall be made available for inspection by the city manager or his designee. [Ord. 1019 § 1, 1991.]

8.06.240 Exemptions.

A. Food packaging required to be purchased under an existing contract entered into prior to the effective date of the ordinance codified in this chapter is exempt from the provisions of this chapter.

B. The city manager or designee may exempt a retail food establishment or a take-out food packaging material from the provisions of this article for a one-year period, renewable annually, upon proper written application and a showing of undue hardship or a showing that no appropriate substitute take-out food packaging is available. Such an application shall include a list of all food packaging suppliers or manufacturers contacted regarding the availability of substitute take-out food packaging. [Ord. 1019 § 1, 1991.]


1

Prior legislation: Ord. 971.