Chapter 30.10
GENERAL PROVISIONS

Sections:

30.10.010    Definitions.

30.10.020    Ownership of solid waste.

30.10.030    State exemptions.

30.10.040    Dumping or littering.

30.10.050    Hazardous materials.

30.10.060    Burning or burying of solid waste prohibited.

30.10.070    Scavenging prohibited.

30.10.080    Promulgation.

30.10.090    Appeals.

30.10.100    Violations, enforcement, actions and remedies.

30.10.110    Notices.

30.10.120    Haulers.

30.10.130    Transportation requirements.

30.10.140    Disposal.

30.10.010 Definitions.

For purposes of this title, unless otherwise provided elsewhere in this title, the following words are defined as follows:

A. “A” Definitions.

1. “AB 939” means the California Integrated Waste Management Act of 1989, Public Resources Code Section 40000 et seq., and as may be amended from time to time.

2. “Airborne waste” means solid waste that is likely to become airborne when discarded.

3. “Approved sharps container” means an approved container designed to collect sharps waste which was home-generated and needs proper disposal.

4. “Authorized hauler” means a commercial solid waste hauler that has been authorized by the City to haul solid waste within City limits. An authorized hauler may also collect, haul, or transport recyclable materials in the City.

5. “Authorized recycler” means any person or business entity that lawfully collects, transports, accepts for recycling, or otherwise processes recyclable materials from businesses, nonresidential properties, multifamily properties, or single-family residential properties managed by an association or other organization for financial gain or profit, and has been granted a certificate of operation from the Sacramento Regional Solid Waste Authority or the City Manager.

B. “B” Definitions.

1. “Building Safety and Inspection (BSI)” means the City’s Building Safety and Inspection Division.

2. “Business” means: a) a commercial entity, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust, or corporation that is organized for financial gain or profit, including but not limited to offices, retail stores, markets, manufacturing facilities, warehouse and distribution facilities, restaurants, motels and hotels, theaters, medical offices, and gas stations and automotive facilities; and b) not-for-profit organizations, including but not limited to churches, hospitals, and social service organizations.

C. “C” Definitions.

1. “C&D debris” means used or discarded materials resulting from construction, renovation, remodeling, repair or demolition operations on any pavement, house, commercial building, or other structure and such other materials as may be removed during the normal cleanup process of such construction, renovation, remodeling, repair, or demolition operations. “C&D debris” includes both mixed construction and demolition debris and source-separated recyclable construction and demolition material. “C&D debris” also refers to construction and demolition debris generated during the course of activities at a covered project.

2. “California Integrated Waste Management Act” means the Act codified in California Public Resources Code Section 40000 et seq., and as may be amended from time to time.

3. “Cart” means a wheeled receptacle that can be emptied by either semi- or fully automated vehicles.

4. “CCR” means the California Code of Regulations.

5. “Certificate of operation” means the license that an authorized recycler shall obtain from the Sacramento Regional Solid Waste Authority or the City Manager before it may collect recyclable materials within City boundaries.

6. “Certified C&D sorting facility” means a facility for recovering recyclable materials from mixed construction and demolition waste that is certified, and maintains all the terms and conditions of certification, by the Sacramento Regional Solid Waste Authority or the City Manager.

7. “CIWMB” means the California Integrated Waste Management Board, now known as the California Department of Resources Recycling and Recovery (CalRecycle). CalRecycle is a department within the California Natural Resources Agency that administers programs formerly managed by the California Integrated Waste Management Board and the Division of Recycling.

8. “Cleanup company” means a hauling company that provides a range of services, including but not limited to cleaning up a residential or commercial property or a construction site, source-separating recyclables at a property or construction site, the hauling of solid waste or recyclables, and/or the hauling of construction and demolition (C&D) debris from a property or construction site.

9. “Collection,” “collect,” and “collecting” mean the act of collecting and removing solid waste or recyclable materials at the place of generation by any means, including but not limited to a dumpster truck; roll-off truck; side-load, front-load or rear-load truck; or a trailer.

10. “Commercial customer” or “nonresidential customer” means a business, nonresidential, or multifamily property, or single-family residential property managed by an association or other organization owner or generator who contracts for solid waste removal services and enters into a service agreement with a registered or franchised commercial hauler, or authorized recycler for recycling services. Where several businesses, nonresidential properties, multifamily properties, or single-family residential properties managed by an association or other organization share garbage containers and service, “commercial customer” or “nonresidential customer” refers only to the party who enters into a contract for solid waste collection services.

11. “Commercial hauler” or “nonresidential hauler” means any person who collects, hauls, or transports commercial solid waste for a fee by use of any means, including but not limited to a dumpster truck; roll-off truck; side-load, front-load or rear-load truck; or a trailer.

12. “Commercial solid waste” means all solid waste as defined in subsection (S)(7) of this section, generated by commercial, nonresidential, and industrial sources, multifamily properties of five (5) or more units, single-family residential properties managed by an association or other organization, and residential remodel and/or construction removal sources, and including mixed construction and demolition debris.

13. “Compostable materials” means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees, food scraps and any other organic material that when accumulated will become active compost and that are separated, set aside, handled, packaged or offered for collection by the waste generator in a manner different from solid waste.

14. “Construction” means the building of any facility or structure or any portion thereof, including any tenant improvements to an existing facility or structure.

15. “County” means the County of Sacramento.

16. “Covered generator” means all businesses, nonresidential properties, multifamily properties, and single-family residential properties that are managed by an association or other organization that generates four or more (4+ yd3) cubic yards of waste per week of commercial solid waste and/or any multifamily residential dwelling property of five (5) units or more regardless of waste collection service level. A covered generator may include a tenant, property owner, property manager, or other generator, and is dependent on whoever executes the contract(s) for solid waste removal and recycling collection services.

17. “Covered project” means any addition, remodel, new construction, and/or demolition projects. “Covered project” shall not include:

a. Activities performed in response to an emergency, such as a natural disaster; or

b. Activities that contain significant amounts of materials that cannot be disposed of in Class II sanitary landfills described in 27 California Code of Regulations 20250, and as may be amended.

D. “D” Definitions.

1. “Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

2. Department of Resources Recycling and Recovery (CalRecycle). CalRecycle is officially known as the Department of Resources Recycling and Recovery; CalRecycle is a department within the California Natural Resources Agency and administers programs formerly managed by the State’s Integrated Waste Management Board and Division of Recycling.

3. “Designated recyclable material” or “designated recyclables” means material as designated by the City Manager that is required to be separated by covered generators from solid waste prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products.

4. “Discard” means to throw out, including to dump, litter, spill, sweep, brush, deposit or otherwise cast off.

5. “Dispose” or “disposal” means disposal as defined in Section 40192 of the California Public Resources Code, as may be amended from time to time. Disposal does not include the use of compostable materials as alternative daily cover (ADC). Commencing January 1, 2020, ADC use shall no longer be considered as compostable materials for diversion credits.

6. “Divert” means to use material for any purpose other than disposal in a landfill.

E. “E” Definitions.

1. “E-waste” means waste that is powered by batteries or electricity and that has a circuit board, including but not limited to televisions, microwaves, and personal electronics.

F. “F” Definitions.

1. “Franchise” means a residential or commercial solid waste collection franchise issued to a hauler by the City pursuant to this title.

2. “Franchised hauler” or “franchisee” means a residential or commercial solid waste hauler or hauler possessing a valid franchise issued by the City pursuant to this title. A franchised hauler or franchisee may also collect, haul, or transport recyclable materials.

G. “G” Definitions.

1. “Garbage” means putrescible solid waste that can rapidly decompose and become a nuisance characterized by decay, odors, gases, and attraction of vectors, and other offensive conditions, such as foodstuffs, offal and dead animals.

2. “Generator” means a person who creates solid waste or recyclable materials.

3. “Green waste” means organic solid waste that will decompose or putrefy generated from landscapes, including garden and yard waste such as grass, leaves, weeds, brush, bedding straw, and trees (including Christmas trees) and branches, clippings, prunings and trimmings from trees, and any other organic waste designated by the City Manager.

H. “H” Definitions.

1. “Haul” means to transport or remove.

2. Hauler. See “commercial hauler” and “residential hauler.”

I. “I” Definitions.

1. “Integrated Waste (IW)” means the City’s Integrated Waste Division.

J. Reserved for future use.

K. Reserved for future use.

L. Reserved for future use.

M. “M” Definitions.

1. “Medical waste” or “infectious waste” means those wastes identified in California Health and Safety Code Section 25117.5, and as may be amended from time to time.

2. “Mixed C&D debris” means construction and demolition debris that includes commingled recyclable construction and demolition materials and nonrecyclable construction and demolition debris generated from a project.

3. “Multifamily property,” for purposes of this title only, means any multifamily dwelling building or group of buildings that contain five (5) or more individual dwelling units located on a single tax lot regardless of waste collection service level. Multifamily complexes include, but are not limited to, apartment complexes, mobile home parks, senior housing/care facilities, and condominium complexes.

N. “N” Definitions.

1. Nonresidential Customer. See “commercial customer.”

2. Nonresidential Hauler. See “commercial hauler.”

3. “Nonresidential property” means real property that is located in the City and used primarily for: a) commerce, including but not limited to offices, stores, restaurants, motels, hotels, recreational vehicle parks, theaters, and service stations; b) not-for-profit organizations; and c) institutional uses, including churches and hospitals. The term “nonresidential property” shall not include any residential units or undeveloped land.

O. “O” Definitions.

1. “Owner” means one having ownership interest, and may also mean the person who owns a business, nonresidential property, multifamily property, or single-family residential property managed by an association or other organization. An owner may also be a generator.

P. “P” Definitions.

1. “Permit” means any permit issued by the City pursuant to its zoning, planning, building, electrical, mechanical or plumbing code.

2. “Permit applicant” means any person who must secure a permit for a covered project.

3. “Permit application packet” means the collection of information and blank forms necessary to submit a complete application for a building permit to Building Safety and Inspection for construction and demolition related activities, including but not limited to building, construction, deconstruction, demolition, excavation, grading improvement, reconstruction, remodeling, renovation, repair or any activity related to any of these activities. The permit application packet includes a waste management plan that shall be submitted to Building Safety and Inspection by the project manager or person to whom the permit will be issued, and also a waste log that shall be submitted to Integrated Waste.

4. “Permittee” means any natural person, business, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, public or private corporation, or any other entity whatsoever who applies to, or receives from, the City, applicable permits to undertake any construction, demolition, or renovation project in the City.

5. “Premises” means a tract or parcel of land located in the City with or without habitable buildings or appurtenant structures.

6. “Project” means any activity which requires a building permit from the City (the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, wiring, plumbing, use, height, area and maintenance of all buildings and structures within the City).

7. “Project valuation” means the total construction valuation of labor and materials for the construction, demolition, or renovation project as calculated by the City.

8. “PRC” means the California Public Resources Code.

Q. Reserved for future use.

R. “R” Definitions.

1. “Recyclable C&D material” means used or discarded material resulting from construction, demolition or renovation, including but not limited to remodeling, repair, or demolition operations, on any pavement, sidewalk, street, roadway project, bridge, house, commercial building, utilities or any other facility, structure or improvement, that are designated by the City Manager to be diverted from landfills and returned 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.

2. “Recyclable material” or “recyclables” means material which has been retrieved or diverted from disposal or transformation for the purpose of recycling, composting or salvage. This definition shall include, but not be limited to, corrugated cardboard, newspaper, phone books, junk mail, magazines, ferrous metals, nonferrous metals, recyclable glass (including redemption glass), mixed metals, glass, aluminum (including redemption aluminum), and No. 1 – 7 plastics.

3. “Recyclable materials container” means any box, tub, cart, or other container. Recycling materials containers shall be approved by the City Manager.

4. “Recycle,” “recycling” and “recycled” mean the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise be disposed and returning them for use or reuse in the form of raw materials for new, used or reconstituted products that meet the quality standard necessary to be used in the market place. “Recycling” does not include “transformation” as defined in California Public Resources Code Section 40201, and as may be amended from time to time.

5. “Recycler” means any person or business entity that lawfully collects recyclable material.

6. “Recycling facility” means those facilities or operations that receive, process, and transfer to market recyclable materials that have been source-separated from the solid waste stream.

7. “Recycling plan” means the plan to be presented to all covered generators by their registered or franchised commercial hauler to document understanding of the requirements of business recycling and to record the selected compliance option for each designated recyclable material.

8. “Refuse” means the following:

a. Nonputrescible solid waste, often referred to as “rubbish,” such as paper, cardboard, grass clippings, tree or shrub trimmings, wood, bedding, crockery, rubber tires, construction waste and similar waste materials, rubbish and garbage; and

b. Putrescible solid waste, often referred to as “garbage.”

9. “Removal” means the act of removing solid waste or recyclables from the place of waste generation.

10. “Renovation” means any change, addition, or modification in an existing structure.

11. “Resident” means the owner, occupant, manager or other person in possession, charge or control of a residential premises.

12. “Residential” refers to premises that contain four (4) or fewer dwelling units.

13. “Residential hauler” means a person who is authorized by the City to collect solid waste from residential premises.

14. “Reuse” means further or repeated use of materials.

15. “Roll-off container” or “debris box” or “drop box” means a metal container, of three (3 yd3) cubic yard to forty (40 yd3) cubic yard capacity, capable of being mechanically loaded onto a collection vehicle for transport to a disposal facility.

S. “S” Definitions.

1. “Sacramento Regional Solid Waste Authority (SWA)” means the joint powers authority of Sacramento County and the City of Sacramento.

2. “Scavenging” refers to the uncontrolled or unauthorized removal of solid waste or recyclables from a cart, bin, or receptacle.

3. “Self-haul” means the hauling for disposal and/or recycling of any solid waste by the same person who generated it.

4. “Service agreement” means a written agreement between a registered or franchised commercial hauler, or authorized recycler, and a covered generator concerning the collection of designated recyclable material.

5. “Sharps” means any item having corners, edges, or projections capable of cutting or piercing the skin for medical purposes.

6. “Single-family residential properties” means all individual residential dwelling units and complexes that are located on a single tax lot and managed by an association or other organization.

7. “Solid waste” means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. “Solid waste” does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with section 25800) of Division 20 of the Health and Safety Code, and as may be amended from time to time, or medical waste. “Solid waste” does not include recyclable material set out for separate collection for the purposes of recycling and that is not landfilled.

8. “Solid waste handling” means all or a portion of the following:

a. Solid waste handling, as defined in Public Resources Code Section 40195, and as may be amended from time to time, and

b. Solid waste disposal, as defined in Public Resources Code Section 40192, and as may be amended from time to time.

9. “Solid waste receptacle” means any bin, automatic lift container or any other type of receptacle used for the deposit, storage, collection or transport of garbage, litter, junk, debris, refuse, swill, rubbish, waste matter, putrescible waste, hazardous waste, infectious waste, recyclable material, or garden refuse.

10. “Source-separate” or “source-separated” or “source separation” means the process of removing recyclable materials from solid waste for the purpose of recycling.

11. “Source-separated recyclable C&D material” means any type of recyclable construction and demolition material separately containerized or clearly segregated from mixed construction and demolition debris, and other recyclable construction and demolition material, prior to collection and transportation for further processing.

12. “Source-separated single recyclable” means recyclable material that is segregated by the generator for the purpose of recycling into one of the following categories: newspaper; mixed paper; glass; metals; plastics; wood; beverage containers; concrete; soil; and such other categories as may be designated in rules promulgated by the City Manager.

13. “State” means the State of California.

14. “Subcontract” is a contract assigning some of the obligations of a contract to a third party.

T. “T” Definitions.

1. “Tenant” means someone who pays rent to live in a multifamily residential dwelling unit that is owned by someone else or someone who pays rent to occupy a commercial property that is owned by someone else.

2. “Transformation facility” is defined in Public Resources Code Section 40201, and as may be amended from time to time.

U. “U” Definitions.

1. “Universal waste” means hazardous waste that is universal waste as defined and listed, respectively, in 22 California Code of Regulations Sections 66273.9 and 66261.9, and as may be amended from time to time.

2. “Unrecyclable C&D debris” means mixed construction and demolition debris that contains only incidental amounts of recyclable construction and demolition material commingled with it.

V. Reserved for future use.

W. “W” Definitions.

1. “Waste log (WL)” means the record sheet (provided as a blank form by Building Safety and Inspection to the permit applicant as part of the permit application packet) with periodic entries completed by the project manager or permit holder that details the actual construction and demolition waste and recycling activity for the project, post-demolition or post-construction.

2. “Waste management plan (WMP)” means a completed form prepared by the permit applicant with an estimate of the construction and demolition waste and recycling for the project, submitted for approval by Integrated Waste, pre-demolition or pre-construction.

X. Reserved for future use.

Y. Reserved for future use.

Z. Reserved for future use. [Ord. 1-2019 §2, eff. 2-22-2019; Ord. 32-2017 §2, eff. 2-9-2018; Ord. 10-2010 §4, eff. 6-25-2010]

30.10.020 Ownership of solid waste.

Solid waste is the property of the generator until any of the following has occurred:

A. The generator legally discards the solid waste;

B. The owner, occupant, manager or other person in possession, charge or control of a premises where solid waste is generated removes solid waste located on the premises and legally discards the solid waste;

C. A hauler collects solid waste from its customer and recycles or disposes of it in accordance with law. [Ord. 10-2010 §4, eff. 6-25-2010]

30.10.030 State exemptions.

The State of California, its public universities and colleges, and unified school districts are exempted from the requirements of this chapter with respect to handling solid waste generated on their respective premises, to the extent required by law. [Ord. 10-2010 §4, eff. 6-25-2010]

30.10.040 Dumping or littering.

No person shall throw, drop, leave, dump, bury, burn, place, keep, accumulate or otherwise dispose of any refuse on public property or the private property of another, including any cart, container, or other waste receptacle, without permission or approval of the property owner, and except in accordance with all applicable laws, ordinances, and resolutions. [Ord. 10-2010 §4, eff. 6-25-2010]

30.10.050 Hazardous materials.

No person shall deposit in any container used for solid waste any explosive or highly flammable, radioactive, toxic or other hazardous material or substance as defined by State and/or Federal law. However, special arrangements may be made with the contractor or licensed hazardous waste hauler for removal of such hazardous material. The contractor is under no obligation to remove hazardous waste. [Ord. 10-2010 §4, eff. 6-25-2010]

30.10.060 Burning or burying of solid waste prohibited.

It is unlawful for any person to burn or bury within the City any solid waste, or to place or deposit upon any street, alley, place or vacant lot any of the materials included in the definition of the words “solid waste.” [Ord. 10-2010 §4, eff. 6-25-2010]

30.10.070 Scavenging prohibited.

A. No person shall open, look into, search through or remove solid waste from any other person’s solid waste receptacle without the written permission of the individual or entity that pays for solid waste handling services with that receptacle or owns that receptacle, except for the following:

1. An authorized hauler that is hired to collect that receptacle;

2. A law enforcement officer;

3. A City employee in the performance of their duties;

4. Any person authorized and directed by the City Manager, such as someone conducting solid waste audits.

B. No person or entity, other than the collector authorized by the City Manager or by the contract to collect solid waste at that location, shall remove or collect recyclable or salvageable materials placed by any person in a bag or container labeled for the use in connection with the recycling program operated by such collector, or remove or collect recyclable or salvageable materials found at any commercial, industrial or city-owned or leased facility within the City. This section shall not apply to residential, commercial or industrial customers who contract for the removal of their recyclable or salvageable materials. [Ord. 10-2010 §4, eff. 6-25-2010]

30.10.080 Promulgation.

The City Manager is authorized to administer, implement and enforce this title and promulgate related solid waste policy. [Ord. 10-2010 §4, eff. 6-25-2010]

30.10.090 Appeals.

Any person aggrieved by the terms or application of a regulation made pursuant to this title may file a written appeal with the City Clerk in accordance with EGMC Chapter 1.11. [Ord. 10-2010 §4, eff. 6-25-2010]

30.10.100 Violations, enforcement, actions and remedies.

Each failure to comply with any provision of this title or any regulation promulgated under this title is unlawful and constitutes a public nuisance and shall be enforced in accordance with procedures set out in EGMC Chapters 1.04 and 16.18. [Ord. 10-2010 §4, eff. 6-25-2010]

30.10.110 Notices.

A. Public Hearings.

1. Posting and Publishing. Whenever a provision of this title authorizes or requires a public hearing to be conducted by the City Council, the City Clerk shall give notice of the time, date, place and purpose of the hearing.

2. Personal Delivery or Mail. If the public hearing concerns an identifiable person, the City Clerk shall personally deliver or mail the notice, postage prepaid, by deposit, at a United States post office, sub-post office, or substation, or in a mailbox or mail chute. The City Clerk will direct the notice to the latest address that the person provided to the City.

B. Other Notices. The City Clerk or City Manager will give notices other than notices for public hearing by personal delivery or by mail under subsection (A)(2) of this section. [Ord. 10-2010 §4, eff. 6-25-2010]

30.10.120 Haulers.

No person may haul solid waste on City streets, alleys, highways or other public pavement except as authorized by this title. [Ord. 10-2010 §4, eff. 6-25-2010]

30.10.130 Transportation requirements.

A. Any person transporting solid waste in the City shall ensure that no material drops, sifts, leaks, blows, spills or otherwise escapes from the vehicle transporting that solid waste.

B. Any person transporting solid waste shall cover the transported load of solid waste except that any person transporting processed recyclables, such as waste paper or cardboard, need not cover transported loads if that person secures the processed recyclables so that no solid waste spills or falls from the transporting vehicle.

C. The City shall reasonably act to enforce, or to assist a contracted hauler in enforcing provisions of the hauler’s franchise that adversely affect public health or that impinge on the City’s goals as stated in this title.

D. Persons engaged in solid waste removal pursuant to these requirements shall be responsible for any damage in excess of normal wear and tear to the City’s driving surfaces, whether or not paved, resulting from the illegal weight of, or any leakage or spillage of, oils, fluids or solids by vehicles used in such solid waste removal.

E. Vehicles used for the collection, transportation, or disposal of solid waste shall comply with California Highway Patrol (CHP) and Department of Transportation (DOT) regulations, and shall be thoroughly washed and disinfected inside the collection body following each use. [Ord. 10-2010 §4, eff. 6-25-2010]

30.10.140 Disposal.

A. Any person transporting solid waste in the City shall deliver all solid waste collected and dispose of such solid waste only at sites or facilities that are authorized to accept that solid waste under solid waste law, such as permitted transfer stations, landfills, materials recovery facilities, composting facilities, and recyclables buy-back centers.

B. The City may direct anyone transporting solid waste in the City to deliver solid waste to, and discard it at, one or more sites or facilities owned by the City. [Ord. 10-2010 §4, eff. 6-25-2010]