Chapter 62.12
RECYCLING

Sections:

62.12.010    Mandatory recycling.

62.12.012    Mandatory organic waste recycling.

62.12.015    Definitions.

62.12.020    Preparation of designated recyclable materials for collection.

62.12.030    Title to recyclables.

62.12.010 Mandatory recycling.

A. All responsible occupants of residential, business, commercial, and industrial recyclables in the City are required to divert designated recyclable material from the City’s normal solid waste stream by segregating designated recyclable materials from other solid waste and disposing of the designated recyclable material through the collection service provided by the City or its franchisee.

B. The responsible occupant for a commercial premises or a multifamily residential dwelling that does not receive regular recyclable materials collection from the City or its franchisee shall submit an annual recycling report to the City by September 1st of each year, on a form or using a format prescribed by the City Manager. Annual reports shall include the following information for the period June 30th through July 1st of the immediately preceding 12-month period:

1. The name of the responsible occupant(s) for the premises.

2. The address for the premises.

3. The volume in cubic yards or gallons, measured by the size of the containers in use at the premises, of recyclable materials, including green waste, recycled through self-hauling or other means.

4. Additional information as required by the City Manager.

C. The responsible occupant for any multifamily residential dwelling or commercial premises must do all of the following:

1. Provide on-site source separated collection of recyclable materials to the occupants of the dwelling or premises.

2. Provide a sufficient number and type of containers at the property to contain the solid waste generated by the occupants of the dwelling or premises.

3. Place recycling containers in convenient locations for use by occupants of the property, which means placement of recycling containers adjacent to, or in the immediate vicinity of, solid waste containers in disposal areas. The responsible occupant must pair recycling containers with solid waste containers of equivalent volume capacity at each disposal area.

D. As an alternative to the City’s collection service for designated recyclable material, a responsible occupant may use a collection and disposal method that is not in conflict with the provisions of this code. (Ord. 2020-02 § 3 (Exh. A), 2020; Ord. 1790).

62.12.012 Mandatory organic waste recycling.

A. The responsible person for a business that generates four cubic yards or more of commercial solid waste per week shall arrange for organic waste recycling services provided by the City or its franchisee.

B. Organic waste recycling services shall consist of at least one of the following:

1. Source separating organic waste from other solid waste and subscribing to a basic level of organic waste recycling service that includes collection and recycling of organic waste;

2. Recycling organic waste on site or self-hauling organic waste for recycling; or

3. Subscribing to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste.

C. In accordance with Public Resources Code Section 42649.81, a business that is a multifamily residential dwelling is not required to arrange for organic waste recycling services for food waste that is generated by the business.

D. The responsible person for a business that does not receive organic waste recycling service provided by the City or its franchisee shall submit an annual report to the City by September 1st of each year, on a form or using a format prescribed by the City Manager, to certify compliance through on-site recycling or self-hauling. Annual reports shall include the following information for the period of June 30th to July 1st of the immediately preceding 12-month period:

1. The name of the responsible person(s) for the business.

2. The name and address for the business.

3. The volume in cubic yards or gallons, measured by the size of the containers in use at the business, of organic waste recycled on site through self-hauling or other means.

4. Additional information as required by the City Manager. (Ord. 2020-02 § 3 (Exh. A), 2020).

62.12.015 Definitions.

Whenever the following defined words and phrases are used in this title, they shall have the definition or meaning established by this section, unless it is clearly apparent from the context in which the word or phrase appears that a different definition or meaning is intended:

“Business” means a commercial or public entity, including but not limited to a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling of five or more units.

“Commercial premises” means premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property.

“Designated recyclable materials” means solid waste materials that are capable of being recycled, including green waste and organic waste, that have been designated by the City Manager as being subject to the provisions of this code relating to recycling.

“Franchisee” means any solid waste collector or recycling agent authorized by the City Council, pursuant to the provisions of this code, to collect and dispose of solid waste.

“Glass bottles and jars” means food and beverage glass containers including container glass covered by the deposit law, and excluding household and kitchen containers such as drinking glasses, cups, cooking and serving dishes.

“Green waste” means any vegetative matter resulting from normal yard and landscaping maintenance that is not more than four feet in its longest dimension or six inches in diameter. “Green waste” includes plant debris, such as grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, and other forms of organic waste that is generated at the premises wherein the green waste is collected.

“Metal” means recoverable aluminum, tin, and bi-metal materials such as used beverage containers, siding and other recyclable manufactured metal items.

“Multifamily residential dwelling” means any building or structure, or portion thereof, located in the City which is used for residential housing purposes, irrespective of whether residency at that property is transient, temporary, or permanent, and having five or more distinct living units.

“Newspaper” means materials printed on newsprint.

“Office paper” means waste paper grades of white and colored ledgers. Examples include forms, copy paper, stationery, and other papers that are generally associated with desk activity.

“Organic waste” means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste; and has the same meaning as set forth in Public Resources Code Section 42649.8, as it may be amended from time to time.

“Plastic beverage bottles” means plastic containers with narrow necks, or mouth openings smaller than the diameter of the container bottles used for containing milk, juice, soft drinks, or water intended for human consumption; to be distinguished from nonfood bottles such as those for containing motor oil, detergent, or other household products.

“Recycling” has the same meaning as set forth in Public Resources Code Section 40180, as it may be amended from time to time.

“Responsible occupant” means and includes the owner, tenant, person in possession of, the inhabitant of, or a person who has the care and control of real property from whence solid waste is generated.

“Solid waste” means all discarded putrescible and nonputrescible solid, semisolid, and liquid wastes, including refuse, construction and demolition debris, bulky waste, recyclable materials, including but not limited to green waste and organic waste, or any combination thereof, and which are included in the definition of “nonhazardous solid waste” set forth in the California Code of Regulations.

“White goods” means kitchen or other large appliances. (Ord. 2020-02 § 3 (Exh. A), 2020).

62.12.020 Preparation of designated recyclable materials for collection.

For designated recyclable materials generated on the subject property, the responsible occupant using the City collection service shall:

A. Separate all designated recyclable materials from other solid waste.

B. Group together all designated recyclable materials and place the group for collection in the same place, manner and time as normal solid waste is collected in accordance with the other provisions of this code; provided, that the responsible occupant shall comply with a designation of the franchisee who may designate some other place, manner or time for the placement of containers and receptacles to expedite collection of designated recyclable material.

C. Use the collection containers for designated recyclable material provided by the franchisee. (Ord. 2020-02 § 3 (Exh. A), 2020).

62.12.030 Title to recyclables.

The responsible occupant of the real property from whence the designated recyclable materials was generated shall retain title to the designated recyclable materials until placed for collection. Upon placement of the designated recyclable material for collection by a franchisee, the City shall have title to all designated recyclable materials so placed, to include, without limitation, the control of its disposition. (Ord. 2020-02 § 3 (Exh. A), 2020).