Chapter 7.20
SOLID WASTE

Sections:

7.20.005    Purpose.

7.20.006    Definitions.

7.20.010    Garbage collection or transport—License or franchise required.

7.20.011    Grant of franchise.

7.20.012    Franchise area.

7.20.013    Categories of waste.

7.20.014    Other waste.

7.20.015    Franchise fee.

7.20.016    Prohibition on collection of recyclables mixed with solid waste.

7.20.017    Prohibition on disposal of recyclables.

Article I. Household Garbage in Public Trash Receptacles

7.20.020    Household garbage defined.

7.20.030    Household garbage—Deposit in public trash receptacles prohibited.

Article II. Accumulation of Garbage, Refuse, Rubbish or Trash on Private Property

7.20.040    Definitions.

7.20.050    Containers—Required.

7.20.060    Containers—Construction.

7.20.070    Waste storage.

7.20.080    Refuse, rubbish and trash storage.

7.20.090    Bulk waste storage.

7.20.095    Garbage containers—Disposal of recyclables prohibited.

7.20.100    Garbage containers—Roadside placement for pickup.

7.20.110    Garbage containers—Removal and disposal.

7.20.115    Recycling required.

7.20.120    Garbage, refuse, rubbish, trash—Accumulation prohibited.

7.20.130    Refuse, trash, rubbish—Removal and disposal.

7.20.140    Dumping at unauthorized sites prohibited.

7.20.145    Disposal of recyclable materials prohibited.

7.20.150    Burning waste prohibited.

7.20.160    Investigation—Right of entry.

7.20.170    Abatement of nuisances.

7.20.180    Reporting violations of California Penal Code Section 374.3—Reward.

7.20.005 Purpose.

The purpose of this chapter is to promote the health, safety and general welfare of the public by: (A) providing for the safe and orderly collection of solid waste; and (B) requiring a level of maintenance of private property, with regard to solid waste accumulation, collection and disposal, which will protect the public from the health and safety hazards and the impairment of property values associated with the neglect and deterioration of property resulting from the accumulation of solid wastes on such private property. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.006 Definitions.

As used in this chapter:

“Recyclable materials” or “recyclables” means that portion of solid waste which is separated from other solid waste for recycling and includes, without limitation, newspaper, cardboard, office paper, mixed waste paper (including junk mail, catalogues, craft bags and craft paper, paperboard, egg cartons, phone books, brown paper, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal and similar food boxes), computer paper, magazines, aseptic packaging, milk and juice cartons, glass, aluminum cans, trays and foil, tin cans, steel cans, small metal scrap, appliances, PETE, HDPE and mixed plastic containers (all types of numbers 3 through 7), used motor oil, used automotive oil filters, and dry cell batteries. “Recyclable materials” also means yard waste, wood waste and reuse materials.

“Solid waste” or “waste” means all putrescible and nonputrescible solid, semisolid, and liquid waste, including garbage, refuse, rubbish, trash, contaminated paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid or semisolid wastes discarded or rejected as being spent, useless, worthless, valueless or in excess to the generator thereof at the time of such discard or rejection and which cannot reasonably be reused, recycled, or composted.

“Wood waste” means dimensional lumber, post-consumer and other wood products, pallets and tree trunks, all of which are without paint or chemical treatment of any kind.

“Yard waste” means all tree and plant trimmings, grass cuttings, dead plants, weeds, leaves, branches, and dead trees and similar materials. [Ord. 4796 § 1, 2005; Ord. 4441 § 1, 1996].

7.20.010 Garbage collection or transport—License or franchise required.

It is unlawful for any person to commercially collect or transport solid waste through any street or public place within any of the unincorporated area of the County unless: (A) such person is licensed to do so; (B) such person is not engaged commercially in waste haulage and collects and hauls solid waste generated from residential, commercial or industrial activities conducted solely by such person; (C) such person is acting in his capacity as an employee or agent of the County of Santa Cruz; or (D) such person has been granted a franchise to do so by the County of Santa Cruz in accordance with this chapter. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.011 Grant of franchise.

Any franchise for the collection and transportation of solid waste within the unincorporated area of the County may be granted by the Board of Supervisors on such terms and conditions as are determined by the County Board of Supervisors to be in the best interests of the County. Such terms and conditions may be evidenced by a written franchise agreement executed by the County and franchisee. A franchise granted pursuant to this chapter may be exclusive or nonexclusive, as to a particular service area and as to categories and classes of solid waste. [Ord. 4441 § 1, 1996].

7.20.012 Franchise area.

In granting a franchise relating to the unincorporated area of the County pursuant to this chapter, the Board of Supervisors may define the area to be served by the franchise to encompass the entire unincorporated area of the County, or a smaller portion thereof. The Board of Supervisors may limit the number of nonexclusive franchises serving a particular area within the unincorporated area of the County. [Ord. 4441 § 1, 1996].

7.20.013 Categories of waste.

Any franchise granted pursuant to this chapter shall specify the categories and classes of solid waste covered thereby. Any categories and classes of solid waste not reserved exclusively to a particular exclusive franchisee may be served through other franchises or solid waste collection licenses or permits. [Ord. 4441 § 1, 1996].

7.20.014 Other waste.

Other services related to the collection and transportation of solid waste, including but not limited to the provision of “roll-off” containers, which are not exclusively reserved to a particular franchisee, may be provided for by the County through licenses, permits, franchises or any means it determines. [Ord. 4441 § 1, 1996].

7.20.015 Franchise fee.

In granting a franchise pursuant to this chapter, the Board of Supervisors may establish a franchise fee to be paid by a franchisee in consideration for the rights and privileges granted by the County and in consideration of the impact of the conduct of solid waste collection and transportation services upon the County, real property within the County and County residents and businesses. Such franchise fee shall be determined by the Board of Supervisors in its grant and, without limitation, may be a flat fee, a periodic fixed or variable fee, or a fee based on gross revenues of the franchisee derived from the exercise of the franchise. [Ord. 4441 § 1, 1996].

7.20.016 Prohibition on collection of recyclables mixed with solid waste.

No person franchised, licensed or permitted to commercially collect or transport solid waste through any street or public place within any of the unincorporated area of the County shall collect for landfill disposal any recyclable materials mixed with solid waste. [Ord. 4796 § 2, 2005].

7.20.017 Prohibition on disposal of recyclables.

No person or entity franchised, licensed or permitted to commercially collect or transport solid waste through any street or public place within any of the unincorporated area of the County shall deliver for landfill disposal to any County disposal facility any recyclable materials whether mixed with solid waste or separated. [Ord. 4796 § 3, 2005].

Article I. Household Garbage in Public Trash Receptacles

7.20.020 Household garbage defined.

“Household garbage,” as used in this article, means all classes of putrefactive or easily decomposable animal, fish, fruit or vegetable matter and any matter or substance used in the preparation, cooking, dealing in or storage of meats, fowl, fish, fruits and vegetables that are subject to immediate decay and the attraction, harborage and breeding of flies or rodents. It may include but not be limited to the following: trash, rubbish, refuse, cans, bottles, paper. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.030 Household garbage—Deposit in public trash receptacles prohibited.

It is unlawful for any person, firm or corporation to place, deposit or dump, or cause to be placed, deposited or dumped in any of the public trash receptacles that are so marked, located on the beaches, public parks and other places or ways within the unincorporated areas of the County, any household garbage as defined in SCCC 7.20.020; provided, however, that this prohibition shall not apply to any person who is utilizing the public trash receptacles in conjunction with picnicking or any other legitimate outdoor recreational activity. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

Article II. Accumulation of Garbage, Refuse, Rubbish or Trash on Private Property

7.20.040 Definitions.

As used in this article:

“Garbage” means all classes of putrefactive or readily decomposable animal, fish, fruit or vegetable matter and any matter or substance used in the preparation, cooking, dealing in or storage of meats, fowl, fish, fruits and vegetables that are subject to immediate decay and the attraction, harborage and breeding of flies or rodents. It may include but not be limited to the following: trash, rubbish, refuse, cans, bottles, paper.

“Putrescible organic material” means any animal or vegetable matter, solid or liquid, which is capable of serving as a breeding medium for flies or a food source for rodents or other animals or a source of obnoxious odors.

“Refuse” means the useless, unused, unwanted, neglected, abandoned or discarded material resulting from normal community activities, or materials which by their presence may injuriously affect the health, safety and comfort of persons in the vicinity thereof or may detrimentally impact the surrounding neighborhood or community including any refuse having any salvage value. “Refuse” may include, but not be limited to, garbage; putrescible organic material; rubbish; offal; swill; animal excrete; or rubble, plaster or other waste resulting from the demolition, alteration or construction of buildings or structures; or any of these items or parts of these items.

“Rubbish” means all nonputrescible waste matter, whether combustible or noncombustible.

“Solid waste” or “waste” has the meaning defined in SCCC 7.20.006.

“Trash” means nonputrescible waste, including but not limited to broken or discarded appliances, furniture, household equipment, machinery and similar large items which cannot be readily placed in a container; abandoned lawn cuttings, tree trimmings, dead plants and weeds and similar garden wastes; paper, cardboard, rubber tires or similar inert material; shopping carts; articles of personal property which are abandoned or left in a state of disassembly or non-usability; or any parts of these items.

“Unreasonable period of time” means a period of time unreasonable, considering the totality of the circumstances, for the disposition of garbage, refuse, rubbish, trash or other solid waste, but in no event shall a time period shorter than seven days be considered unreasonable. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.050 Containers—Required.

(A)    Every person possessing any dwelling unit, industrial, commercial or business structure or premises, other than an approved disposal site, where garbage or rubbish is produced or accumulated shall provide and maintain on the premises suitable containers of sufficient capacity to store the accumulations of garbage, refuse or rubbish during the intervals between collections or disposal. Such containers may be provided and maintained by the County’s franchised solid waste collectors.

(B)    Every contractor or builder engaged in the erection or repair of a building shall provide a container at or near such building for the deposit and storage of any waste resulting from the erection or repair work.

(C)    In multiple-occupancy structures or premises, when garbage and refuse receptacles are not provided or maintained by the landlord, it shall be the responsibility of the tenant to provide and maintain adequate approved receptacles unless such containers are provided and maintained by the County’s franchised solid waste collectors.

(D)    In every case cited in subsections (A), (B) and (C) of this section, separate containers for recycling shall also be required for the deposit and storage of recyclable materials as may be generated on site by the conditions described therein. [Ord. 4796 § 4, 2005; Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.060 Containers—Construction.

Unless otherwise provided by the County’s franchise solid waste collector, containers for other than bulk accumulation shall be a watertight galvanized metal container, or its equivalent, with a tight-fitting lid and shall not exceed 32 gallons’ capacity nor weigh more than 70 pounds when filled. The containers and covers shall be in good repair, leakproof, free from holes, fly-tight and rodent proof. Containers shall be equipped with handles adequate to lift the weight of a full container without breaking or bending. Such container shall be maintained in a sanitary condition by the owners or users thereof and covers shall not be removed except for the purpose of placing waste therein or removing waste therefrom. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.070 Waste storage.

During intervals between collection or disposal, the storage, accumulation, collection, keeping, handling or maintaining of waste on premises where produced shall be performed in such a manner as to discourage the harboring and breeding of rodents and insects and ready access to the waste by dogs and other small animals, as not to objectionably and unreasonably pollute the air, and as not to constitute a fire hazard. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.080 Refuse, rubbish and trash storage.

In any premises other than an approved disposal site, no volume of refuse, rubbish or trash in excess of two cubic yards shall be allowed to accumulate between intervals of collection or disposal, unless it is stored in a rear yard or side yard in an accessory building or enclosed storage structure constructed in accordance with provisions of the building code, and such storage is not allowed to become a rodent harborage or nuisance. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.090 Bulk waste storage.

Any industrial, commercial or business establishment wherein waste is handled, produced or stored in large quantities may have such waste operation, subject to review by the enforcement officer, and the person in possession of such establishment shall comply with such requirements as the enforcement officer may deem necessary for the sanitary storage, collection or disposal of such waste on the premises. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.095 Garbage containers—Disposal of recyclables prohibited.

No person shall place recyclables in garbage containers. [Ord. 4796 § 5, 2005].

7.20.100 Garbage containers—Roadside placement for pickup.

Garbage containers shall not be placed adjacent to streets or roadways to facilitate refuse collection more than 24 hours prior to pickup time, and they shall be removed from the pickup site within 24 hours after they have been emptied. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.110 Garbage containers—Removal and disposal.

Garbage containers on all premises shall be emptied and garbage shall be collected and properly disposed of not less than once a week. Such collection and disposal shall be by the authorized collector, except that the premises’ occupants may dispose of garbage in such manner and place as may be prescribed by the enforcement officer. More frequent collection or disposal may be required by the Enforcement Officer of premises where garbage is produced in such quantities, or is of such nature, that such increased frequency is necessary to prevent the occurrence of rodent and insect infestations or odor nuisances. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.115 Recycling required.

(A)    Commercial Recycling Required. As of January 1, 2006, all commercial establishments, including those entities authorized to haul their own waste pursuant to SCCC 7.20.010, shall separate recyclable materials for recycling, and no recyclable materials shall be deposited in garbage cans or bins, “roll-off” containers, drop boxes or at any County disposal facility after that date.

(1)    Enforcement.

(a)    As of July 1, 2005, the Director of Public Works shall begin a program of educational outreach regarding these new recycling requirements.

(b)    As of January 1, 2006, the Director of Public Works shall establish a program of placing educational notice tags on garbage cans or bins, “roll-off” containers and drop boxes, and distributing educational notices to County disposal facility customers with “appreciable amounts” (hereinafter defined as exceeding five percent by volume) of recyclable materials.

(c)    As of January 1, 2007, commercial establishments that self-haul their garbage shall be prohibited from disposing of garbage with appreciable amounts of recyclable materials at any County disposal facility. Customers shall be required to remove these items from their garbage before it will be accepted for disposal.

(d)    As of January 1, 2007, any violation of this section by commercial customers of any franchised, licensed or permitted hauler of solid waste shall result in refusal of curbside garbage collection services by same. Commercial customers shall be required to remove these items from garbage containers before it will be collected.

(2)    Exceptions. Existing commercial structures that do not have adequate storage space for recyclable materials may be exempt from all or portions of this chapter if so determined by the Director of Public Works. The Director of Public Works, in cases where space constraints are determined to exist, shall evaluate the feasibility of shared recycling containers by contiguous businesses or multifamily structures before granting an exception.

(B)    Residential Recycling Required. As of January 1, 2006, all residents living in single-family structures, multifamily structures and mixed-use buildings, including those entities authorized to haul their own waste pursuant to SCCC 7.20.010, shall separate recyclable materials for recycling, and no recyclable materials shall be deposited in a garbage can or bin, “roll-off” container, or drop box or at any County disposal facility after that date.

(1)    Enforcement.

(a)    As of July 1, 2005, the Director of Public Works shall begin a program of educational outreach regarding these new recycling requirements.

(b)    As of January 1, 2006, the Director of Public Works shall establish a program of placing educational notice tags on garbage cans and bins, “roll-off” containers and drop boxes, and distributing educational notices to County disposal facility customers with appreciable amounts of recyclable materials.

(c)    As of January 1, 2007, residential customers that self-haul their garbage shall be prohibited from disposing of garbage with appreciable amounts of recyclable materials at any County disposal facility. Customers shall be required to remove these items from their garbage before it will be accepted for disposal.

(d)    As of January 1, 2007, any violation of this section by residential curbside or backyard customers of any franchised, licensed or permitted hauler of solid waste shall result in refusal of curbside garbage collection services by same. Residential customers shall be required to remove these items from garbage containers before it will be collected.

(2)    Exceptions. Existing multifamily structures that do not have adequate storage space for recyclable materials may be exempt from all or portions of this chapter if so determined by the Director of Public Works. The Director of Public Works, in cases where space constraints are determined to exist, shall evaluate the feasibility of shared recycling containers by contiguous businesses or multifamily structures before granting an exception. [Ord. 4796 § 6, 2005].

7.20.120 Garbage, refuse, rubbish, trash—Accumulation prohibited.

No person owning or possessing any land, dwelling or industrial, commercial or business premises or structure shall allow or permit any garbage, refuse, rubbish, trash or waste to collect and accumulate upon the surface of the ground or in any premises or structure for an unreasonable period of time except as otherwise provided by law. This provision shall not be construed as affecting any authorized waste-disposal operation or properly conducted garden composting process carried on by a private individual in his own premises and for his own use. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.130 Refuse, trash, rubbish—Removal and disposal.

Refuse, trash and rubbish on all premises shall be collected or properly disposed of at such frequency as will prevent the occurrence of a hazard or nuisance condition and/or a detrimental impact on the surrounding neighborhood or community. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.140 Dumping at unauthorized sites prohibited.

Except as otherwise provided by law no person shall deposit or discharge or cause to be deposited or discharged any garbage, refuse, rubbish, trash or other waste in any place other than an approved disposal site. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.145 Disposal of recyclable materials prohibited.

(A)    No person shall dispose of any of the following recyclable materials at any County disposal facility:

(1)    Newspaper;

(2)    Cardboard;

(3)    Office paper;

(4)    Mixed waste paper (including junk mail, catalogues, craft bags and craft paper, paperboard, egg cartons, phone books, brown paper, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal and similar food boxes);

(5)    Computer paper;

(6)    Magazines;

(7)    Aseptic packaging;

(8)    Milk and juice cartons;

(9)    Container glass;

(10)    Aluminum cans, trays and foil;

(11)    Tin cans;

(12)    Steel cans;

(13)    Scrap metal (including white goods and appliances);

(14)    PETE (No. 1), HDPE (No. 2) and mixed plastic containers (all types No. 3 through 7);

(15)    Used motor oil and used automotive oil filters;

(16)    Dry cell and lead acid batteries;

(17)    Yard waste and wood waste;

(18)    Tires;

(19)    Mattresses;

(20)    Electronic waste (including monitors, televisions, CRTs);

(21)    Concrete, asphalt, tile and porcelain;

(22)    Gypsum board.

(B)    If the Director of Public Works determines that a particular recyclable material cannot be recycled for a specific time period, then the Director may permit the disposal of said recyclable material at any County disposal facility for that time period. [Ord. 4796 § 7, 2005].

7.20.150 Burning waste prohibited.

No person shall burn garbage or putrescible organic material unless such burning is conducted in a properly constructed incinerator approved by the Monterey Bay Unified Air Pollution Control District. No person shall burn refuse except as permitted by the Monterey Bay Unified Air Pollution Control District and the local fire authority. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.160 Investigation—Right of entry.

Any County officer with responsibility to enforce any provisions of this code may, upon reasonable cause to believe that a violation of the provisions of this chapter exists, investigate the situation to determine whether such a violation does in fact exist. The officer shall have the power, when in the performance of his or her duty and upon the officer presenting credentials and identification as an employee of the County to the person apparently in control of the premises, if available, to enter upon any such premises between the hours of 8:00 a.m. and 6:00 p.m., but not in the dwelling of any person without permission or a court order, to inspect anything or condition which appears to be such a violation. The officer may examine such premises, things or conditions, take such samples and make such tests as needed, and take any other steps reasonably necessary for the proper investigation and determination of whether such a violation exists. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.170 Abatement of nuisances.

In the event that any County officer with responsibility to enforce any provisions of this code determines that a violation of the provisions of this chapter exists, the officer may proceed to take enforcement action in accordance with the provisions of Chapters 1.12 (General Penalty and Enforcement), 1.14 (Nuisance Abatement), and 7.108 (Enforcement) SCCC. [Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].

7.20.180 Reporting violations of California Penal Code Section 374.3—Reward.

(A)    The County will pay a reward to any person who gives information which leads to the arrest and conviction of any person for a violation of Section 374.3 of the California Penal Code. The amount of such reward for each arrest and conviction shall be 50 percent of the fine levied against and collected from the person who violated Section 374.3 of the California Penal Code or SCCC 7.20.140. If the reward is payable to two or more persons, it shall be divided equally.

(B)    Any person who claims a reward pursuant to subsection (A) of this section shall file a claim in writing with the County auditor in which he shall state the title of the court, the names of the parties, and the number of the case in which a person was convicted of a violation of Section 374.3 of the California Penal Code, and a statement of the information which he gave which led to the arrest and conviction of such person, and shall designate the location in the unincorporated territory of the County where the violation occurred or was committed. The Auditor also may require an appropriate certificate from the District Attorney or other prosecuting attorney to the effect that the information given by the claimant led to the arrest and conviction of such person. No law enforcement officer shall be eligible for any reward under this section for any information or services rendered by him in the course of his duties. [Ord. 4796 § 8, 2005; Ord. 4441 § 1, 1996; Ord. 4337 § 2, 1994].