Chapter 8.24
REFUSE MATTER DISPOSAL1
Sections:
8.24.010 Definitions.
8.24.020 Collection – Provision.
8.24.030 Collection – Contract – City to enter.
8.24.040 Collection – Contract – Exclusive.
8.24.050 Collection – Contract – Use of contractor’s services required.
8.24.060 Collection – Contract – Bonds and insurance.
8.24.070 Collection – Contract – Termination – Grounds.
8.24.080 Collection – Contract – Termination – Hearing.
8.24.090 Collection – Hauling requirements.
8.24.100 Collection – Frequency.
8.24.110 Property maintenance.
8.24.130 Container – Use required.
8.24.140 Container – Refuse.
8.24.150 Green waste – Bundles.
8.24.160 Container – Area to be kept clean.
8.24.170 Container – Location.
8.24.180 Container – Inspection.
8.24.190 Storage prohibited.
8.24.200 Removal of hazardous materials.
8.24.210 Rates and charges – Classification of services.
8.24.220 Rates and charges – Designated.
8.24.230 Basic commercial rate.
8.24.240 Hearing upon complaint of unreasonable charges.
8.24.250 Prohibited disposal methods.
8.24.010 Definitions.
A. In this chapter, unless the context otherwise requires, the following terms shall be defined as follows:
1. "Contractor" means an agent or employee of the city, or a person with whom the city contracts to collect and dispose of refuse, recyclables, and/or green waste produced in the city.
2. "Department of public health" means the department of public health of the county.
3. "Green waste" means and includes organic material from trees, shrubs, grass and similar vegetation. Green waste may also be designated as recyclables by the city.
4. "Hazardous wastes" means that waste defined in Public Resources Code Section 40141.
5. "Person" means an individual, firm, association, public or private corporation, or public agency.
6. "Place" means public or private land, building, site, public or private drainage ditch, or public or private road in the city.
7. "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, plastic, aluminum cans and newspapers; and all items designated by the city as commercial and industrial recyclables, including wood, sawdust, glass, cardboard, aluminum, plastic and paper. Appropriate hazardous waste collected during collection programs may also be recycled when appropriate.
8. "Refinery industrial waste" means combustible and noncombustible material resulting from the construction, modification and operation of a petroleum refinery which is rejected by the owner as useless or offensive and which would not normally be disposed of by a municipal garbage removal and disposal system. Examples of refinery industrial waste include oily silt and dirt in sour and brackish water, flocculent chemical sludges, activated sludge, oily flocculent chemical sludge, oil silt, very finely divided catalyst and coke plus chunks of coke, bottom settlements and water from storage tanks, tars, oils, gasoline additive residues, spent catalyst, impure byproducts, and debris from construction and demolition. Refinery industrial waste does not include garbage from food services and waste paper from office operations.
9. "Refuse" means all matter and materials rejected by owners or producers as offensive or useless which, by its presence or accumulation, may injuriously affect the health, comfort or safety of the community by increasing the probability of disease or hazard by fire. This includes solid waste as defined in Public Resources Code Section 40191. "Refuse" includes all kitchen and table food waste and animal or vegetative waste that attends or results from the storage, preparation, cooking or handling of foodstuffs. "Refuse" also includes nonputrescible combustible and noncombustible waste such as ashes, paper, cardboard, metal cans, wood, glass, cloth, crockery, plastics, rubber byproducts and green waste. "Refuse" does not include waste items defined as "recyclables." Hazardous wastes are not acceptable for routine residential collection.
B. The city council may add or delete substances to be included or excluded from the definitions and contained in subsections (A)(3), (A)(7), (A)(8) and (A)(9) of this section. All additions or deletions are deemed included within the terms and conditions of any existing collection or disposal contract with the city without further action by the council. (Ord. 89-16 N.S. § 1, 1989).
8.24.020 Collection – Provision.
The city may provide for the collection and disposal of refuse, recyclables, and/or green waste accumulated inside the city by granting to a qualified person the privilege of doing so. The privilege granted by the city may be either exclusive or nonexclusive, and may relate to all or a portion of the area within the city and may relate to all of such substances or to any one or more of said substances. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.030 Collection – Contract – City to enter.
The city council may, with or without having invited bids therefor, enter into a contract with any responsible person for the collection, removal and disposal of refuse accumulated within the city. The term of said contract, rates of collection and other provisions of said contract shall be as provided by this chapter and by resolution of the city council. Where such a contract has been entered into and has been satisfactorily performed by the contractor, the city council, without inviting bids or proposals therefor and without giving notice of its intention to do so, may, either prior to or after the expiration of such contract, extend or renew the same for such a period and on such terms and conditions as the city council shall provide by resolution. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.040 Collection – Contract – Exclusive.
The city council may enter into an exclusive contract, subject to the exceptions set forth in this chapter, with a person for the collection and removal of refuse, recyclables, and/or green waste from within the city. If an exclusive contract is entered into, it is unlawful for any person other than the authorized contractor designated by the city, or an agent or employee thereof, to collect or convey through the streets, alleys or other public thoroughfares of the city any refuse, recyclables, or green waste, or collect or dispose of the same except as provided in BMC 8.24.050, and except as otherwise provided by law. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.050 Collection – Contract – Use of contractor’s services required.
A. If the city has an exclusive contract, it is mandatory for every person in the city to take the service provided by the contractor, except that any resident may dispose of refuse produced on his own premises only if he complies with the following:
1. He files an affidavit with the city manager setting forth an alternate means of disposal;
2. The department of public health approves the proposed method of disposal;
3. The city manager issues a permit authorizing the alternate method of disposal.
The city manager may impose any terms and conditions to the exercise of the privilege granted by the permit which are necessary to protect public health, prevent public and private nuisances, and prevent litter and to keep public and private property clean and sanitary.
B. Notwithstanding the provisions of subsection (A) of this section, a petroleum refinery may dispose of its own equipment or through special contract for disposal with a person other than the contractor. The exclusive contract which the city may have with the contractor does not apply to refinery industrial waste when the refinery elects to dispose of it through a special contract with another person.
C. Notwithstanding the provisions of subsection (A) of this section, the contractor shall not have the exclusive right to collect, haul, transport or dispose of the following types of solid waste or green waste:
1. Green waste when removed and transported by the gardening service performing the gardening;
2. Rubbish generated by construction and demolition which is accumulated as the result of new construction, structure demolition or modification, when:
a. The building or demolition/modification contractor owns and operates the hauling equipment necessary to remove and haul the demolished construction and modification rubbish generated; or
b. The construction and demolition rubbish generated is hauled by a vehicle or trailer commonly known as an "end dump," which vehicle or trailer must have a nondetachable debris container with an open top and cannot be capable of loading itself and the drive remains with the vehicle while it is being loaded; provided further, that the equivalent services or equipment are not available from the contractor;
3. A building or demolition/modification contractor may not subcontract for construction and demolition rubbish hauling services except as is set forth in subsection (C)(2)(b) of this section; or
4. Solid waste or green waste which must be removed only as incidental to the infrequent clearing of a premises and when a vehicle or container of no greater than five cubic yards capacity is used to remove the solid waste or green waste. (Ord. 89-16 N.S. § 1, 1989).
8.24.060 Collection – Contract – Bonds and insurance.
The contractor shall furnish a bond, in the amount determined by the city attorney, in favor of the city conditioned upon the faithful performance by him of the duties imposed by ordinance, contract and rules and regulations of the city. The contractor shall obtain and keep in force, for the period covered by the contract, insurance in the types and amounts determined by the city attorney. (Ord. 01-5, 2001).
8.24.070 Collection – Contract – Termination – Grounds.
The city may terminate a contract entered into under this chapter and revoke the privilege granted by it if the contractor violates the contract, this chapter or any rule or regulation of the city, or state or federal law. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.080 Collection – Contract – Termination – Hearing.
Before terminating a contract under BMC 8.24.070, the city council shall notify the contractor of the violation, default or breach, and give the contractor 10 days from the date of such notice to cure the same. If the contractor fails to cease the violation or if the contractor is guilty of the same or a similar violation within any calendar year, or fails to cure the default or breach after being so notified by the city, the city shall give the contractor at least 20 days’ notice of a hearing. The hearing conducted by the city council shall commence on the date stated in the notice and may be continued from day to day thereafter until completed and the city council shall hear any and all relevant evidence, and after the hearing has been completed, and the matter submitted, if the council finds that the contractor has violated (1) the contract, or (2) this chapter, or a rule or regulation of the city, or state or federal law applicable to the contractor, and has failed to cure the defect pursuant to the written notice previously served upon the contractor, the city council may terminate the contract. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.090 Collection – Hauling requirements.
Refuse conveyed on streets in the city shall be hauled in a watertight-bodied motor truck, and in a manner so that the contents do not sift through or fall upon the street and do not blow upon the street or adjacent property. The truck body shall be constructed of material of sufficient strength to withstand fire within, without endangering persons or property. The truck body in which refuse is regularly hauled shall be washed at least once each week. Each truck shall be equipped with a covering drawn over the load as completed to full depth. Refuse in the truck shall be completely covered between the point of collection and the point of disposal; that insofar as is practicable, these requirements shall apply to refuse conveyed on streets in the city. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.100 Collection – Frequency.
A. Refuse shall be collected at least once each week.
B. Hotels, restaurants and other institutions and business establishments may provide for more frequent collection by agreement with the contractor. Where necessary to protect the public health, the city manager may require that more frequent collection be made. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.110 Property maintenance.
Each property owner shall maintain his property free of refuse, excessive recyclables, and excessive green waste. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.130 Container – Use required.
Every person who has charge or control of a residential place where refuse accumulates shall use the containers provided by the contractor for refuse, recyclables, and/or green waste. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.140 Container – Refuse.
A. A person having control of a place where refuse accumulates shall place the refuse in a container which:
1. Is watertight and made out of galvanized metal or equivalent quality;
2. Is covered continuously except when being filled or emptied;
3. Is placed in a location accessible to the collector;
4. Is kept clean by the user.
B. Persons living in the same apartment house may use a single container in common. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.150 Green waste – Bundles.
A person having control of a place where green waste accumulates may place such green waste in bundles weighing not more than 60 pounds and not more than four feet in length. Such bundles shall be at all times located not more than 10 feet from the refuse container required under BMC 8.24.130. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.160 Container – Area to be kept clean.
Each person who has a refuse container shall keep the area where the refuse container(s) is/are located clean and free of refuse. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.170 Container – Location.
Refuse containers and bundles shall be placed for collection at ground level in the street or alley. Containers and bundles may be placed for collection at other than ground level and at a distance of more than 40 feet from the street or alley when approved by the contractor and an additional charge for the extra service is agreed upon by both parties. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.180 Container – Inspection.
The department of public health shall see that refuse containers are kept clean and sanitary and shall inspect the vehicles used in the collection and disposal of refuse and see that they are kept clean and sanitary. The department of public health is responsible for the enforcement of the provisions of this chapter, all other health ordinances of the city and the health laws of the state. (Ord. 89-16 N.S. § 1, 1989).
8.24.190 Storage prohibited.
No person may keep or dispose of refuse, recyclables, and/or yard 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 chapter. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.200 Removal of hazardous materials.
A. Hazardous materials shall not be placed in containers for regular collection but shall be disposed of in a manner approved by state and federal authorities, at the expense of the person owning or possessing such material.
B. Removal of wearing apparel, bedding or other refuse from a place where highly infectious or contagious disease has prevailed shall be under the direction of the department of public health. Such refuse shall not be placed in containers for regular collection. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.210 Rates and charges – Classification of services.
A. For the purpose of rates, refuse collection service is classified as:
1. Single-family residential; and
2. Commercial.
B. "Single-family residential" means a single-family dwelling. "Commercial" means dwellings with two or more individual living units, business and commercial establishments and all other types of premises except single-family residential. (Ord. 89-16 N.S. § 1, 1989).
8.24.220 Rates and charges – Designated.
A. A person from whom refuse is collected shall pay the monthly fees for refuse collection service to the contractor. Such fees shall be set by the contractor and approved by the resolution of the city council.
B. Multiple Dwellings, Businesses, Restaurants, and All Other Establishments. A flat monthly charge for the collection of refuse may be levied by the refuse collector based on the average monthly amount of refuse removed as per agreement between the contractor and the customer subject to review by the city council. (Ord. 01-5, 2001; Ord. 89-16 N.S. § 1, 1989).
8.24.230 Basic commercial rate.
A. The basic commercial rate shall be established by the contractor for commercial establishments or premises, and the rate so established by the contractor shall be reasonable and uniform. Such rates shall be in line with rates charged for comparable service in similar cases in cities within the county and shall be subject to review by the city council.
B. A flat monthly charge for collection of refuse may be levied based on the average monthly amount of refuse removed, as agreed between the contractor and each owner of a building or establishment subject to commercial rates. An agreement setting a flat monthly charge is subject to review by the city council. (Ord. 89-16 N.S. § 1, 1989).
8.24.240 Hearing upon complaint of unreasonable charges.
A person complaining that a charge for collection is unreasonable shall file a written complaint with the city manager setting forth the basis of the complaint and the factual grounds for the same. The city manager shall notify the contractor in writing of the complaint filed and furnish the contractor with a copy of the complaint, and if either party requests, the city manager may conduct a hearing to determine the reasonableness of a charge in the complaint. After the city manager has made a determination, either the contractor or the complainant or both may appeal the decision of the city manager to the city council, and the city council may, with or without a hearing, make a finding and decision which shall be final as to both the contractor and the complainant. (Ord. 89-16 N.S. § 1, 1989).
8.24.250 Prohibited disposal methods.
A. A person shall not throw or deposit refuse on any place.
B. A person shall not burn or bury refuse. (Ord. 89-16 N.S. § 1, 1989).
For statutory provisions authorizing cities to contract for the collection and disposal of refuse, see Public Resources Code §§ 40059 and 49300. Prior legislation: prior code §§ 7-301, 7-311 – 7-320, 7-331 – 7-341, 7-351 – 7-355; Ords. 77-1 N.S., 81-7 N.S. and 86-1 N.S.