Chapter 8.04
SOLID WASTE*
Sections:
8.04.010 Title of provisions.
8.04.020 Findings.
8.04.030 Definitions.
8.04.040 Solid waste collection and disposal.
8.04.050 Exemptions.
8.04.060 Requirements.
*Note to Chapter 8.04
* Prior ordinance history: Ords. 337, 425 and 699.
8.04.010 Title of provisions.
This chapter shall be known as the “Solid Waste Ordinance.” (Ord. 1238 § 1 (part), 1998)
8.04.020 Findings.
The City Council finds and determines as follows:
A. The City wishes to maintain a safe, controlled and cost-efficient solid waste collection and disposal system, which serves as a convenience to the community and preserves the public health and safety.
B. The City wishes to encourage recycling in order to reduce impacts to landfill.
C. The City has determined that reducing the amount of solid waste entering the waste stream in the overall interest of the community, and is required by State mandates under Assembly Bill 939. (Ord. 1238 § 1 (part), 1998)
8.04.030 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
“Animal waste” means manure, fertilizer or any form of solid excrement produced by any and all forms of domestic or commercial animals.
“Bottles and jars” means glass and plastic containers, including container glass covered by Section 14500 et seq. of the Public Resources Code, and including household and kitchen containers such as drinking glasses, cups and cooking and serving dishes.
“Cardboard” means post-consumer waste paper grade corrugated cardboard (#11), kraft (brown) paper bags or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for collection and recovery for recycling.
“Collection” means the scheduled pickup of solid waste but does not include the random picking up of loose litter from public places or places open to the public.
“Composting” means the controlled biological decomposition of organic wastes that are source separated from the solid waste stream. Such organic wastes include vegetable, animal, yard and wood wastes which are not hazardous wastes.
“Construction waste” means tile rubble resulting from construction, remodeling, repair and demolition activities on housing, commercial or governmental buildings and any other structure and pavement.
“Franchisee” means any solid waste collector authorized by the City Council pursuant to the procedures established in this chapter.
“Garbage” includes, but is not restricted to, every accumulation of animal, vegetable or other matter:
1. Resulting from the preparation and consumption of edible foodstuffs; or
2. Resulting from decay or the storage of meats, fish, fowl, or vegetables, including the cans, containers or wrappers of such materials; or
3. Industrial, domestic and organic solid wastes or residue of animals sold for meat; or
4. Vegetable and animal matter for kitchens, dining rooms, markets, food establishments or any other place using, dealing in or handling meats, fish, fowl, vegetables or grains; or
5. Offal, animal excreta or carcasses of animals, fish or fowl; or
6. Nonrecyclable glass, paper or metal products.
“Noncombustible rubbish” means ashes, bottles, broken crockery, glass, tin cans, metal and metallic substances which will not incinerate through contact with flames of ordinary temperature.
“Owner or occupant” means and includes every owner of, every tenant or person who is in possession or an inhabitant of or has the care and control of a residential dwelling unit or a place of business located in the City.
“Person” means any individual, firm, corporation, association, or group or any combination thereof acting as a unit.
“Place of business” means any hotel, motel, trailer court, restaurant, cafeteria, market, hospital or any educational, professional, commercial or industrial establishment of any nature whatsoever where there is a generation of solid waste.
“Recyclable materials” or “recyclables” means materials that are recyclable and/or reusable, including paper, paperboard, chipboard, cardboard, plastic and glass jars and bottles, aluminum and tin and bi-metal cans.
“Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.
“Recycling operator” means a person or persons, firm, partnership, joint venture, association or corporation engaged in the collection and recycling of recyclable materials.
“Rubbish” includes, but is not restricted to, all nonrecyclable waste or debris such as paper, cardboard, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal plastic, construction waste and debris and other similar materials.
“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, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semi-solid wastes. “Solid waste” does not include hazardous waste as defined in Section 40141 of the Public Resources Code.
“Solid waste collector” means any person or persons, firm, partnership, joint venture, association or corporation engaged in the collection, transportation or disposal of solid waste generated in the City.
“Solid waste disposal” includes the collecting, transporting and disposal of solid waste generated within the City.
“Solid waste facility” means any recycling center, materials recovery facility, intermediate processing center, incineration facility or landfill where solid waste may be taken for immediate processing or final disposal. “Solid waste facility” includes a solid waste transfer or processing station and a composting, transformation or disposal facility.
“Segregate” means any of the following: the placement of recyclables in separate containers; the binding of recyclable material separately from other waste material; the physical separation of recyclables from other waste material.
“Wood wastes” means lumber and wood products but excludes painted wood, wood treated with chemicals and pressure-treated wood.
“Yard wastes” means leaves, grass, weeds and wood materials from trees and shrubs. (Ord. 1238 § 1 (part), 1998)
8.04.040 Solid waste collection and disposal.
A. Except as provided in this chapter, no person shall, for another, collect, remove or dispose of any solid waste within the City, nor transport the same over any public street or right-of-way, unless a franchise to do so has first been obtained from the City and a bond has been posted as determined by the City Council; provided, that any person who collects, removes or disposes of only recyclables shall only be required to obtain a city business registration.
B. Except as provided in this Chapter, it is unlawful for any person to permit, allow or enter into any agreement for the collection or transportation of solid waste from any location within the City of San Carlos with any person who does not possess a franchise and business registration from the City of San Carlos.
C. No person shall place or cause to be placed any solid waste generated upon any property or by any residential, commercial or industrial use into any container other than those owned or controlled by such person, unless permission for such use is granted by the commercial or residential customer owning or controlling the container.
D. It is unlawful for any person to dispose of solid waste which is not from incidental use by pedestrian or vehicular traffic in or near litter or recycling containers placed by the city or any other agency in public places for incidental use by pedestrian or vehicular traffic, or in recycling containers or enclosures maintained by the City in commercial zones.
E. Other than as herein set forth, it is unlawful for any person to dump, bury, burn, incinerate, or otherwise dispose of or store or accumulate any garbage, combustible or noncombustible rubbish, miscellaneous debris or combined rubbish or solid waste on any private or public property within the city, provided, however, that leaves, grass clippings and the like may be composted.
8.04.050 Exemptions.
The following types of collection or transportation of solid waste are exempted from the requirements of this chapter:
A. Yard waste removed from a premises by a gardening, landscaping or tree trimming contractor having a city business license and as an incidental part of a total service offered by that contractor rather than as a disposal service, and tree trimmings, clippings and all similar materials generated at parks and other publicly maintained premises;
B. Demolition debris removed from a premises by a licensed contractor as an incidental part of a total service offered by that contractor rather than as a disposal service;
C. The collection of hazardous or dangerous waste as part of a hazardous waste collection activity authorized by the San Mateo County Environmental Health Department, including, without limitation, liquid and dry caustics, acids, bio-hazardous, flammable or explosive materials, insecticides and similar substances;
D. Recyclable materials and yard wastes which are generated at any residential dwelling unit or place of business and which are transported personally by the owner or occupant of such premises (or by his or her full-time employees) to a licensed solid waste or recycling facility in a manner consistent with this chapter and other applicable laws. (Ord. 1238 § 1 (part), 1998)
8.04.060 Requirements.
A. Unless expressly excepted by this chapter, the owner, occupant or other person responsible for the day-to-day operation of all residential, commercial or industrial properties in the City shall contract with a City franchisee for the removal and disposal of solid waste generated from the use of the property.
B. The franchisee is authorized to charge all customers a fee for the collection and transportation of solid waste, subject to the approval by the city council of the fee. Such fee may include charges for collection, landfills, recovery or recyclables, composting and may include the cost of preparing and implementing source reduction, recycling elements, household hazardous waste elements, and integrated waste management plans.
C. All recyclables shall be maintained by the person, firm or corporation occupying the premises upon which such recyclables or other matter is created as specified in Chapter 8.24 of this Code and to the satisfaction of the franchisee.
D. All garbage shall be maintained by the person, firm or corporation occupying the premises upon which such garbage or other matter is created in receptacles as specified in this chapter.
E. The contents of all garbage containers shall be removed a minimum of at least once a week as outlined in this chapter or as otherwise necessary or mandated by the San Mateo County Health Department.
F. Containers shall be made of metal or plastic if barrels, or plastic, if bags, and of sufficient strength to prevent them from being broken under ordinary conditions.
G. Containers shall be maintained in a clean, safe, sanitary and watertight condition.
H. Garbage or other refuse containing water or other liquids shall be drained before being placed in a container.
I. Animal waste shall not be placed directly in a container for regular collection and disposal, but shall be placed within a secondary containment (i.e., plastic bag) within the container for regular collection and disposal, as required by the franchisee and San Mateo County Health Department.
J. Solid waste shall be kept free of all hazardous materials and placed in a closed container unless other acceptable arrangements are made with the franchisee.
K. Unless provisions to prevent litter are otherwise provided, no person shall so fill any container with garbage or rubbish above the top of the container to such extent as to permit the contents of any container to be blown or otherwise strewn about.
L. Paper bags and cardboard containers shall not be used as containers for the disposal of garbage or rubbish but may be used for recyclables.
M. If rubbish, as defined in this chapter, either from residences or from places of business is of such a nature that it cannot be placed in a container, it shall be carefully placed beside the container in securely tied bundles not to exceed one cubic yard in size and weighing not more than fifty pounds. Tree limbs, trunks, hedge cuttings, brush and lumber shall not exceed four feet in length.
N. Any containers placed for collection along a street, roadway or alley shall be set out only on the day established for the collection on the particular route or after five-thirty p.m. on the day immediately prior to such collection. Containers for residential properties shall not remain thereon for more than twenty-four hours after they have been emptied. Containers for commercial properties shall not remain thereon for more than twelve hours after they have been emptied.
O. Any container placed for collection along a street or roadway shall be placed between the curb line and the property line as close to the curb line or edge of the street or roadway as practicable.
P. No person, including a solid waste collector, shall place or cause to be placed any solid waste or solid waste container in any public street, road, way or alley without an encroachment permit from the City or in any place or in any manner inconsistent with the regulations of this chapter.
Q. Any container placed for collection in any alley shall be placed as close to the property line as practicable.
R. In no event shall containers be located either on private property, public property, or public right-of-way in such a manner as to obstruct emergency, vehicular, pedestrian, wheelchair or other necessary access.
S. Each owner or occupant of a residential dwelling unit or place of business shall maintain supervision and surveillance over the solid waste containers on the premises and shall maintain the same in a sanitary condition. If the containers should not be emptied and the contents removed on the date and time scheduled by the franchisee, they should immediately notify the franchisee and it shall be the duty of the franchisee to, within twenty-four hours thereafter, arrange for the collection and disposal of the solid waste.
T. Solid waste which exceeds the limitations herein above set forth may, in the discretion of the franchisee, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the franchisee for this service.
U. No person, other than the owner thereof, owner’s agents or employees or an officer or employee of the City or any person holding a franchise or license from the City for the collection or disposal of refuse or recyclables shall remove any materials set out for recycling collection or tamper or meddle with any solid waste or recycling container or the contents thereof, or remove the contents of any such container, or remove any such container from the location where the same shall have been placed by the owner thereof or owner’s agent.
V. Recyclables placed at the curb of residential properties or placed for collection at other recycling locations for pickup by a franchisee or licensee shall become the property of the franchisee or licensee at the time of their placement in the recycling containers or otherwise set out for collection.
W. Containers for solid waste and recyclables shall also meet the enclosure requirements of Chapters 8.24 and 18.146. (Ord. 1238 § 1 (part), 1998)