Chapter 8.16
GARBAGE AND REFUSE
Sections:
8.16.010 Definitions. (Effective 3/20/2024)
8.16.020 Disposing of hot ashes and trash – Building fires prohibited.
8.16.030 Use of service provided by contractor required – Burning prohibited without permit.
8.16.040 Collection – Authorization to contractor – Transportation – Rates.
8.16.050 Collection – Frequency – Basis for rates.
8.16.060 Provision for amendment of chapter.
8.16.070 Contract requirements.
8.16.080 Provision for receptacles. (Effective 3/20/2024)
8.16.010 Definitions. (Effective 3/20/2024)
A. “City” means the City of Calistoga.
B. “City-contracted collection program(s)” means a person, business or entity contracted by the City to collect, process, recycle, compost and/or dispose of waste.
C. “Commercial and business establishments” shall mean and include all hotels, motor courts, restaurants, offices or office buildings, stores, warehouses, factories and all other premises used for other than dwelling purposes.
D. “Compostable” means (1) all materials in a product, item, or packaging will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner, as defined by City-contracted collection program(s), (2) item is certified by either BPI or other third-party product certification recognized by the City, to ensure that the item is free of harmful chemicals, including but not limited to fluorinated chemicals that may have been used in foodware manufacture, and (3) item is made entirely of natural fiber as defined in this chapter.
1. “Compostable” includes entirely natural fiber-based items except as otherwise specified in this chapter.
2. Currently “compostable” shall not include products made from corn or potato.
3. “Compostable” shall not include items composed wholly or partially of plastic of any kind, including any form of polylactic acid (PLA), and/or plastic labeled “biodegradable” or “compostable,” as these are not biodegradable by City-contracted collection program(s).
4. “Compostable” shall not include lined or coated takeout coffee or other hot drink cups as they are currently not compostable by City-contracted collection program(s).
E. “Natural fiber” means plant- or animal-based, nonsynthetic fiber that is compostable, including but not limited to products made from uncoated paper, sugarcane, bamboo, wheat stems/stalk, hay, wood, etc. Natural fiber shall not include items composed wholly or partially of plastic of any kind.
F. “Recyclable” means material that can be sorted, cleaned, and reconstituted by City-contracted collection program(s) for the purpose of using the altered form in the manufacturing of a new product.
1. “Recyclable” and/or “recycling” shall not include burning, incinerating, converting, or otherwise thermally destroying solid waste.
2. Currently “recyclable” includes plastic items with a recycling code of 1 and/or 2 only.
3. “Recyclable” shall not include items that are composed wholly or partially of polylactic acid (PLA).
4. “Recyclable” shall not include lined or coated takeout coffee or other hot drink cups as they are currently not recyclable by City-contracted collection program(s).
5. “Recyclable” shall include glass bottles and jars, aluminum/tin/bimetal cans, bottles and trays, unlined paper products that are free of oils and/or food, and cardboard that is not coated. (Ord. 759 § 2 (Exh. A), 2023).
8.16.020 Disposing of hot ashes and trash – Building fires prohibited.
It is unlawful for any person to deposit any ashes in any wooden vessel, or on the floor of any building or within 10 feet of any woodwork or structure, unless secured in a metallic vessel, or to build any fire or burn any refuse matter or substance, or deposit or throw into or on any street, sidewalk, alley or public place any paper, ashes, filth, dirt or trash of any kind.
8.16.030 Use of service provided by contractor required – Burning prohibited without permit.
A. All householders and all persons operating a commercial business or other establishment within the City will have the option to take the service provided by the contractor in the event that the City has an exclusive contract. All householders and all persons operating commercial businesses or other establishments within the City shall deposit all garbage accumulated from their operations in suitable watertight containers with suitable handles, and with tight-fitting covers and shall not keep, accumulate, or permit to be kept or accumulated any garbage except in such containers; and no such container shall be loaded to such an extent that the weight of the container and its contents exceeds 100 pounds; provided, however, that trash as in CMC 8.16.010(F) may, if it is separated from all other types of garbage, be kept in other suitable containers. All containers shall be provided and maintained on the premises where the garbage, including trash, is produced, in a place easily accessible to the contractor, but where it will not be a public nuisance or otherwise offensive.
B. No person shall burn or bury any garbage, trash or rubbish within the City. Burning of “allowable fires” shall be in conformance with Bay Area Air Quality Management District (BAAQMD) Regulation #5, “open burning.” Allowable fires will be primarily agricultural. All fires will require the issuance of a burning permit by the Calistoga Fire Department.
1. Burning within the City limits shall be allowed only during permissive burn periods per BAAQMD North Zone.
2. Permits may be suspended or revoked during fire season, periods of extreme fire danger or any violation of burn permit regulations.
3. Allowable fire types are primarily agricultural. Agriculture burns are fires for the purpose of initiating, continuing or maintaining agriculture as a gainful occupation. Fuels are limited to materials grown on the site.
4. The Fire Chief may issue a burn permit for nonagricultural burning activities as defined in BAAQMD regulation 5-401.1 through 5-401.17. These fires are: disease and pest, hazardous material, fire training, flood control, film-making, contraband, pyrotechnics, and wildland vegetation management.
5. Every burn permit will include, but not be limited to, the following language and procedures: Burning 8:00 a.m. to 5:00 p.m. on burn days only. All fires will be in accordance with BAAQMD regulations. Maintain a minimum of 30-foot clearance from combustibles. An adult must be in attendance at all times. Both Police and Fire Department dispatch shall be notified prior to any burning.
6. If the fire escapes and it is determined that the cause was due to applicant negligence or is not an allowable fire, the applicant will be charged suppression costs.
C. No person shall keep, accumulate, or permit to be kept or accumulated, any rubbish within the City except in suitable containers accessible to the contractor and suitable for removal by the contractor. Nothing contained in this section shall prevent a person from disposing of rubbish in a compost pile or by burying to the extent permitted under existing laws, this code and regulation. (Ord. 637 § 1, 2007; Ord. 523 § 1, 1996; Ord. 284 § 1, 1971; prior code § 9.2-9).
8.16.040 Collection – Authorization to contractor – Transportation – Rates.
A. No person shall collect any garbage or rubbish from others in the City and no person shall transport garbage or rubbish on the streets of the City except the contractor duly authorized by the Council as provided in this chapter and except as specifically otherwise provided in this section.
B. All garbage and rubbish within the City shall be collected by the contractor. The contractor shall charge persons from whom garbage and rubbish is collected at the rates established in CMC 8.16.050 and such person shall pay the contractor therefor. It is unlawful for any person willfully to refuse or fail to pay the contractor for such charges within 10 days after such charges are due.
8.16.050 Collection – Frequency – Basis for rates.
A. The contractor shall collect garbage once a week from all establishments within the City and from commercial and business establishments within the City at such more frequent intervals as the quantity of garbage produced, and the interests of public health and safety require. Any person desiring the removal of special accumulations of garbage or rubbish shall notify the contractor thereof and the contractor shall remove the same within a reasonable time.
B. The rates charged by the contractor for the collection of garbage and rubbish shall be based upon the capacity and number of containers in which garbage, including trash, and rubbish are regularly accumulated by each establishment for collection by the contractor and shall be as established by resolution of the Council.
8.16.060 Provision for amendment of chapter.
The Council may, by its resolution duly adopted after the City Clerk has given at least seven days prior notice of its intention to do so by one publication in a newspaper of general circulation within the City, and written notice to any contractor under any garbage collection contract with the City then in force, change, alter, amend, modify or repeal any of the provisions of CMC 8.16.050, relating to number of collections to be made and rates to be charged therefor by said contractor.
8.16.070 Contract requirements.
A. The Council is authorized to enter into contracts containing such provisions as the Council may determine to be necessary and proper with persons or entities for the collection of garbage according to the terms of this chapter. Contracts may be made by negotiation and without competitive bidding and upon such terms and conditions including payment therefor to the City as the Council may approve for a period of not more than 20 years.
B. The Council is also authorized to enter into contracts for the collection of garbage within the City for a term not exceeding 20 years by competitive bidding by adopting the following procedure:
1. The Council shall, by resolution, call for sealed bids for such contract and notice thereof shall be given by the City Clerk by two publications not less than five nor more than eight days apart in a newspaper of general circulation within the City and such bids may be received and opened not more than 20 nor less than five days after the second publication. Bids shall be sealed and each shall be accompanied by cashier’s check or certified check payable to the City; or cash in the amount of $150.00, which sum shall be forfeited to the City if award is made to the bidder sending it, and if the bidder thereafter fails or refuses to enter into contract within 30 days after receiving notice of the award. Bidding shall be on the basis of a percentage of the gross receipts from collections in the City to be paid by the contractor to the City in monthly installments as collections are made. The Council shall have the right to reject any and all bids and also to accept a bid other than the lowest bid if the Council determines that, because of experience, financial responsibility, or other cause determined by Council to be sufficient, the acceptance of such lower bid is for the best interest of the City.
2. All contracts awarded on this basis may contain such terms and conditions as the Council may determine at the time of calling for bids to be necessary and proper. By its resolution calling for bids, the Council shall prescribe the terms and conditions to be included in the contract awarded and a record of such terms and conditions to be included shall be kept in the office of the City Clerk for examination by prospective bidders. The call for bids issued by the Clerk shall refer to the record on file with the Clerk for a statement of the exact terms and conditions upon which the contract will be made.
C. All contracts shall be executed on behalf of the City by the Mayor and the City Clerk. Any contract issued under subsection (B) of this section shall contain such provisions as the Council may at the time of calling for bids determine to be necessary or proper.
D. No contract entered into under this section shall bar the Council from amending this chapter from time to time in any way considered by the Council to be desirable or proper, including changes in the garbage and rubbish rates prescribed in CMC 8.16.050; provided, however, that in the event that any amendment substantially affects the operations of the contractor, the contractor may provide that the contractor shall have the option to terminate the contract upon notice to be provided in said contract. (Ord. 397 §§ 2, 3, 1984; prior code § 9.2-14).
8.16.080 Provision for receptacles. (Effective 3/20/2024)
A. All commercial and business establishments who provide waste containers for customer use must provide separate receptacles for solid waste (nonrecyclable or noncompostable/organic materials), recyclables, and organic waste (compostables). Receptacles shall be colored black or gray for nonrecyclable or noncompostable/organic materials, blue for recyclables, and green for compostables/organics or rubbish.
B. To the extent possible given space restraints, solid waste, recyclable, and compost receptacles should be placed adjacent to one another.
C. Graphic-rich signage must be posted on or above each solid waste, recyclable, and compost receptacle following norms/guidelines of the city and/or city-contracted collection program(s). (Ord. 759 § 2 (Exh. A), 2023).