Chapter 8.04
SOLID WASTE COLLECTION
Article 1
Generally
Sections:
8.04.010 Definitions.
Article 2
Storage of Solid Waste
Sections:
8.04.020 Storage of solid waste at point of origin.
8.04.030 Solid waste container requirements.
8.04.040 Container area to be kept clean.
8.04.050 Location of containers.
8.04.060 Storage of rubbish.
8.04.070 Food facility solid waste storage.
8.04.080 Solid waste and recycling storage areas.
8.04.090 Burning or burying solid waste prohibited.
8.04.100 Throwing or depositing solid waste.
Article 3
Collection, Transportation and Disposal of Solid Waste
Sections:
8.04.110 Collection of solid waste.
8.04.120 Solid waste removal contract.
8.04.130 Collection and disposal rates.
8.04.140 Collection by contractor mandatory unless otherwise specified.
8.04.150 Exemptions to mandatory collection.
8.04.160 Vehicles used to transport refuse or curbside recycling materials.
8.04.170 Frequency and hours of collection by contractor.
8.04.180 Ownership and collection of recyclable material.
8.04.190 Violations—Penalties.
8.04.200 Nonapplicability.
Article 1
Generally
8.04.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Contractor” means any person authorized by the council to collect solid waste from others within the city limits.
“Garbage” means that solid waste which includes kitchen refuse, offal, swill, and other matter that attends the preparation, dealing in or handling of food-stuffs. It shall also include all other refuse, except rubbish, sewage, trash and recyclable material.
“Health officer” is defined as the health officer of the city, his or her authorized representatives, or the county health officer, or any of his or her authorized representatives, whenever a contract is in force between the city and the county for the furnishing of the services of the county health officer.
“Place” means public or private land, building, site, public or private drainage ditch, or public or private road in the city.
“Recyclable material” means that material which otherwise would become or be treated as solid waste but which, by means of a process of collecting, sorting, cleansing, treating and/or reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products which may be used in the market place. The term includes, but is not limited to, paper, books, magazines, cardboard, boxes, plastic, metal, glass and other similar materials authorized by the city for collection by the contractor.
“Recyclable materials collector” means an agent or employee of the city or any person with whom the city has duly contracted to collect and transport curbside recyclable materials through, in and from the city.
“Rubbish” means those nonputrescible solid wastes including all dry refuse such as tree trimmings, ashes, dead plants and lawn and yard clippings, except to the extent such materials are exempt under this chapter.
“Solid waste” means all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, other discarded and solid and semi-solid wastes, and recyclable material. Solid waste does not include any wastes defined under federal or state laws and regulations as hazardous waste, low-level radioactive waste regulated by California Health and Safety Code Sections 25800 et seq., or medical waste.
“Solid waste removal contract” means a garbage collection and disposal contract entered into by the city and a contractor pursuant to this chapter, or a franchise agreement between the contractor and the Upper Valley Waste Management Agency, a joint powers authority, as long as St. Helena is a member. (Ord. 02-4 § 2: prior code § 7.1.010)
Article 2
Storage of Solid Waste
8.04.020 Storage of solid waste at point of origin.
No person may keep or dispose of solid waste in a manner or upon any place which affords food or harborage for rodents or insects, or which causes a public nuisance or public health hazard, or in a manner which violates this article. (Ord. 02-4 § 3 (part): prior code § 7.2.010)
8.04.030 Solid waste container requirements.
It shall be the duty of every person occupying, using or controlling any dwelling, flat, apartment, boardinghouse, lodging house, restaurant, hotel, eating house or place of business, where solid waste accumulates, to place the solid waste in a container as approved or supplied by the contractor, or in a container which is watertight and made out of plastic or galvanized metal; is not of more than thirty-two (32) gallon capacity; has suitable handles and a tight-fitting cover; is covered continuously except when being filled or emptied; and is kept clean by the user. (Ord. 02-4 § 3 (part): prior code § 7.2.020)
8.04.040 Container area to be kept clean.
Each person who has a solid waste container shall keep the area where the solid waste container is located clean and free of solid waste. (Ord. 02-4 § 3 (part): prior code § 7.2.030)
8.04.050 Location of containers.
Each person from whom solid waste is collected shall maintain the container in locations as designated by the collector, but where it will not be a public nuisance or otherwise offensive. (Ord. 02-4 § 3 (part): prior code § 7.2.040)
8.04.060 Storage of rubbish.
Each person who has charge or control of a place where rubbish accumulates shall provide a suitable method of storage so that the rubbish does not scatter about the premises in an unsightly or unsanitary manner. (Ord. 02-4 § 3 (part): prior code § 7.2.050)
8.04.070 Food facility solid waste storage.
Food facilities shall provide adequate solid waste storage locations, as determined by the health officer, with a hose bib within twenty-five (25) feet. Additional requirements such as coverage and sewer drainage may be required to assure the storage location is operated in a sanitary manner. (Ord. 02-4 § 3 (part): prior code § 7.2.060)
8.04.080 Solid waste and recycling storage areas.
A. Projects that require approval of a use permit shall provide one or more solid waste/recycling areas for storage of these materials.
B. Materials other than solid waste or recyclable materials (e.g., building materials, business supplies, etc.) shall not be stored in solid waste or recycling storage areas.
C. Recycling and solid waste areas shall be adequate in capacity, number and distribution to accommodate the amount and different types of solid waste and recyclable materials generated by all users of the areas.
D. Solid waste and recycling areas shall be adequately signed to provide instructions for depositing solid waste and recyclable materials in the appropriate receptacles and to identify the name and phone number of the management authority responsible for the maintenance of the areas. (Ord. 02-4 § 3 (part): prior code § 7.2.070)
8.04.090 Burning or burying solid waste prohibited.
No person shall burn or bury solid waste in any yard or open space within the city. (Ord. 02-4 § 3 (part): prior code § 7.2.080)
8.04.100 Throwing or depositing solid waste.
No person shall deposit, throw, scatter or sweep any solid waste on any private property without the permission of the owner thereof or on any publicly owned place in the city except in containers provided for such purposes by the city. No person shall deposit in any public container any solid waste not produced by an activity lawfully conducted in the street, sidewalk, park, or public place. (Ord. 2005-3 § 2, 2005: Ord. 02-4 § 3 (part): prior code § 7.2.090)
Article 3
Collection, Transportation and Disposal of Solid Waste
8.04.110 Collection of solid waste.
The collection, removal and disposal of solid waste may be performed only by the city under the direction of the city council, or by any person with whom the city has entered into a solid waste removal contract, or may enter, into contracts for the collection, removal and disposal thereof. (Ord. 02-4 § 4 (part): prior code § 7.3.010)
8.04.120 Solid waste removal contract.
The city council may contract for the collection or disposal, or both, of solid waste by granting to a qualified person the privilege of doing so. The privilege granted by the city may be exclusive or nonexclusive, and may relate to all or a portion within the city and may relate to all solid waste or to any one or more of the substances constituting solid waste. (Ord. 02-4 § 4 (part): prior code § 7.3.020)
8.04.130 Collection and disposal rates.
A. Solid waste removal rates shall be as set forth in the solid waste removal contract or any extension thereof between the city and contractor and as the same may be modified from time to time pursuant to the terms thereof. No contractor shall make any charge for such collection or disposal in excess of the established rates.
B. The owner of each premises shall be liable for payment of all charges for solid waste removal service to his or her premises whether the owner occupies the premises or not. (Ord. 02-4 § 4 (part): prior code § 7.3.030)
8.04.140 Collection by contractor mandatory unless otherwise specified.
A. No person shall collect, transport and/or dispose of any solid waste or recyclable material from any other person in the city and no person except the contractor shall collect, transport and/or dispose of any solid waste on the streets of the city, except as otherwise expressly provided in this article.
B. No person who produces, generates or otherwise accumulates solid waste shall pay, reimburse, contract with or in any other way arrange for any person other than the contractor to collect, transport and/or dispose of solid waste, except as otherwise expressly authorized in this article. (Ord. 02-4 § 4 (part): prior code § 7.3.040)
8.04.150 Exemptions to mandatory collection.
A. No provision of this article shall prevent the disposition of recyclable materials for which there are established commercial values, and for which the generator, accumulator or producer actually receives compensation, such as used kitchen fats, provided such materials are accumulated in a sanitary manner and disposed of through regular commercial channels.
B. No provision of this article shall prohibit the donation of recyclable material for which there are established commercial values by the generator, accumulator or producer of such recyclable material to any approved drop-off center. Further, recyclable materials may be provided free of charge to any charitable, youth, civic, religious or similar person, group or organization, and the collection, transport and/or disposal of such recyclable material may be provided free of charge by such person, group or organization.
C. Nothing in this article shall prohibit any person from collecting, disposing or transporting any recyclable materials for which the contractor does not provide recycling services pursuant to the city’s approved recycling program to or at any recycling drop-off center or facility which is appropriately permitted or authorized under applicable health and safety laws and regulations.
D. Nothing in this article shall apply to or prohibit the disposition, collection, transport or disposal by any person of construction and demolition debris and wastes as long as the quantity is less than ten (10) cubic yards.
E. Nothing in this article shall prohibit the collection, transportation or disposal of lawn, tree and garden trimmings by any person as an incidental part of a landscaping or gardening service by that person, as long as the quantity is less than ten (10) cubic yards.
F. All owners and occupants of structures who demonstrate and certify to the satisfaction of the director of public works or his or her designee that solid waste collection service is not needed may collect and transport solid waste produced on the premises where he or she resides or which he or she owns if the owner or occupant satisfies any of the following criteria:
1. The owner or occupant does not generate sufficient solid waste to require service and timely and appropriately transports his or her solid waste to a permitted disposal facility at least every seven days; or
2. The owner or occupant otherwise has arranged for shared solid waste disposal with the owner or occupant of another structure receiving solid waste collection service from the contractor, and such shared service does not involve an undue accumulation or improper storage of solid waste.
G. No provisions of this article shall bar any person from removing solid waste in an emergency situation where the contractor for any reason is unable to handle such solid waste and where such removal is necessary for the protection of public health. (Ord. 02-4 § 4 (part): prior code § 7.3.050)
8.04.160 Vehicles used to transport refuse or curbside recycling materials.
No person shall remove, convey or transport any refuse along, upon or over any public street, highway or public place in the city, except in such manner so as to prevent the contents thereof from dropping upon the public streets. The solid waste shall only be conveyed on city streets in a tightly sealed and metal enclosed watertight motor truck. The truck body shall be constructed of metal, of sufficient strength to withstand fire from within, without endangering persons or property. The truck body in which solid waste is hauled shall be washed thoroughly and cleaned at least once each week. The contractor shall park and store all vehicles used in the pickup and transport of solid waste in a designated area to be agreed upon between the city and contractor. (Ord. 02-4 § 4 (part): prior code § 7.3.060)
8.04.170 Frequency and hours of collection by contractor.
A. Garbage and refuse shall be collected at least once each week.
B. The contractor shall dispose of solid waste at its disposal site on the same day as the contractor collects the solid waste. The contractor shall not permit a vehicle to be parked overnight with solid waste stored in it.
C. The contractor and the city may agree upon the hours for the collection of solid waste. However, the hours of collection may not begin before four-thirty a.m. (Ord. 02-4 § 4 (part): prior code § 7.3.070)
8.04.180 Ownership and collection of recyclable material.
A. Recyclable materials which are placed at the curbside or other collection location designated by the city or the contractor for collection by the contractor in containers provided by the contractor shall be collected solely by the contractor.
B. No person other than the contractor shall remove recyclable material which has been placed at the curbside or other designated collection location for removal by the contractor in containers provided by the contractor.
C. No person shall burn, break, destroy, scatter, scavenge, collect or take any recyclable material placed at the curbside or other designated collection location for collection by the contractor, without the consent of either: (1) the resident, owner or occupant of the premises or establishment which generated the recyclable materials; or (2) the authorized contractor.
D. Nothing in this chapter shall limit the right of an individual person, organization or entity to donate, sell or otherwise dispose of recyclable materials, provided that any such conduct is otherwise in accordance with the provisions of this chapter. (Ord. 02-4 § 4 (part): prior code § 7.3.080)
8.04.190 Violations—Penalties.
A. No person shall interfere with the collection, removal or disposal of refuse or curbside recyclable materials by the refuse collector or the curbside recyclable materials collector.
B. No person other than an authorized city employee or the city’s authorized curbside recyclable materials collector to take, remove, move or otherwise appropriate any container in which recyclable materials are placed for collection or the curbside recyclable materials contained therein. (Ord. 02-4 § 4 (part): prior code § 7.3.090)
8.04.200 Nonapplicability.
This article does not apply to the services provided pursuant to the Upper Valley Waste Management Agency Formation Agreement to the extent such agreement conflicts with the provisions hereof, as long as that agreement is effective. (Ord. 02-4 § 4 (part): prior code § 7.3.100)