Chapter 30.40
NONRESIDENTIAL CUSTOMER

Sections:

30.40.010    Service required.

30.40.020    Service exemptions.

30.40.030    Container requirements.

30.40.040    Container storage.

30.40.050    Commercial solid waste storage, set-out, and discard.

30.40.010 Service required.

A nonresidential entity shall subscribe to collection services only from a commercial hauler with a valid authorization issued by the City pursuant to EGMC Chapter 30.50. Nonresidential customers are responsible for removal of all refuse accumulated on their commercial premises and shall comply with 14 CCR 17331, as may be amended from time to time. A nonresidential customer shall remove solid waste from its premises at least once (1) each week, except that a nonresidential customer comprised of a restaurant, retail or wholesale market, food processing facility, hotel, motel, or other commercial establishment where food is sold, prepared or served shall remove solid waste accumulated on its premises at least twice (2) each week, or more frequently if determined by the City Manager. A nonresidential customer shall subscribe to containers from the commercial hauler, or provide receptacles itself, in sufficient number, adequate size and enough collection frequency of removal, to contain all solid waste generated and accumulated on its commercial premises pending collection. [Ord. 10-2010 §4, eff. 6-25-2010]

30.40.020 Service exemptions.

If a nonresidential customer chooses not to subscribe to commercial collection services from a commercial hauler, then the nonresidential customer shall remove solid waste from its nonresidential customer premises in accordance with EGMC Section 30.60.110. [Ord. 10-2010 §4, eff. 6-25-2010]

30.40.030 Container requirements.

Nonresidential customers shall store all solid waste generated or accumulated on its premises in one (1) of the following types of receptacles: A) carts provided by a residential hauler; or B) bins, dumpsters, compactors or other containers provided by a commercial hauler. A nonresidential customer shall comply with 14 CCR 17315, and as may be amended from time to time, and ensure that receptacles are nonabsorbent, watertight, vector-resistant, durable, and easily cleanable containers; or strong and watertight plastic bags that are designed to contain refuse. Containers shall have plugs for drainage. The nonresidential customer will mark its containers so that the address of the nonresidential customer is clearly marked in letters at least three (3") inches high and plainly visible. [Ord. 10-2010 §4, eff. 6-25-2010]

30.40.040 Container storage.

A. Storage Area. Pending collection and removal, a nonresidential customer shall store solid waste containers (other than carts) in storage areas meeting the following requirements, unless directed otherwise by the City Manager:

1. Containers are to be stored inside enclosures designed to accommodate trash and recycling bins. Trash containers or bins not stored within enclosures shall be approved by the City Manager.

2. The storage area shall be located within one hundred (100' 0") feet of the commercial premises.

3. The storage area for containers larger than one hundred (100 gal) gallon capacity may not be located within twenty-five (25' 0") feet of any window, door or ventilation intake of any structure.

4. The storage area shall have retaining walls, fences, guard rails, bumpers or curbs to protect vehicles parked at adjacent spaces from damage by containers or collection vehicles.

5. The floor or bottom surface of the solid waste storage area shall be made of concrete or other impervious material approved by the City Manager.

6. The storage area shall be designed so that a commercial hauler may collect containers that do not have wheels or casters without having to move the containers.

7. The storage area shall be designed so that movement of no more than ten (10' 0") feet is required for a hauler to properly position containers with wheels or casters for collection service.

8. The storage area shall be out of view from the street, sidewalk or other public right-of-way (other than alleys) by fence, landscaping, building or other efficacious screening as determined by the City Manager.

9. The storage area may not be on public property, setbacks or rights-of-way.

10. The storage area shall not obstruct traffic.

11. A nonresidential customer shall maintain supervision and surveillance over containers on its commercial premises.

12. A nonresidential customer shall not allow rubbish to accumulate around the containers or receptacles.

B. Storage Area Design Requirements. A nonresidential customer with a new or remodeled commercial premises shall comply with the California Solid Waste Reuse and Recycling Access Act of 1991 and the City’s space allocation and enclosure design guidelines for trash and recycling, or as amended by Council resolution. [Ord. 10-2010 §4, eff. 6-25-2010]

30.40.050 Commercial solid waste storage, set-out, and discard.

A. A nonresidential customer shall keep containers fully closed (and other receptacles such as cans or bags tightly covered or securely tied) in order to prevent solid waste overflow, spills or litter that can cause odors and exposure of solid waste to insects, vermin and other vectors; encourage foraging by domestic or wild animals; and otherwise create a nuisance or threat to public health and safety. A nonresidential customer may not fill a container in excess of its capacity.

B. Receptacle Cleaning and Maintenance. If the commercial hauler furnishes containers but is not responsible for maintaining them under terms, conditions or agreements between the hauler and a nonresidential customer, then the nonresidential customer shall clean the inside and outside of the hauler’s containers as necessary to maintain sanitary conditions and keep them free of graffiti, and to comply with 14 CCR 17314, and as may be amended from time to time. If a nonresidential customer does not subscribe to solid waste collection service, the nonresidential customer shall clean the inside and outside of its receptacles as necessary to maintain sanitary conditions, and to also keep them free of graffiti.

C. Nonresidential customers shall provide and empty a tobacco waste receptacle, such as a cigarette urn or ashtray, in each area of its commercial premises where smoking is lawfully permitted.

D. Set-Out Times. A nonresidential customer will plan with its commercial hauler to set out storage containers for collection in a place that will minimize traffic, aesthetic and other problems on the commercial premises, and for the general public, as the commercial hauler is obligated to do under 14 CCR 17314, and as may be amended from time to time.

E. Collection Set-Out Site. Unless a nonresidential customer arranges with a commercial hauler to provide manual roll-out or push services, a nonresidential customer shall set out its containers for collection at appropriate locations. A nonresidential customer may not set out any container where the container will block driveways; the container shall be out of the public right-of-way and shall not otherwise obstruct vehicular traffic.

F. Roll-Off Containers. Nonresidential customers may 1) subscribe to roll-off container service from an authorized commercial hauler for a maximum of seven (7) days without a building permit, or 2) subscribe to permanent roll-off container service provided such use complies with the Zoning Code, has been approved pursuant to EGMC Section 23.16.020, and the roll-off container is serviced, at a minimum, every fourteen (14) days. For nonresidential customers who possess a valid building permit, the roll-off container shall be serviced, at a minimum, every fourteen (14) days.

G. Discard Prohibitions.

1. Containerized. A nonresidential customer may discard solid waste at the set-out locations described in subsection (E) of this section only in containers. A nonresidential customer shall place all bagged solid waste inside containers.

2. Hazardous Waste, Medical Waste, E-Waste, Universal Waste, and Airborne Waste. A nonresidential customer may not commingle materials that are not solid waste (such as hazardous waste, medical waste, electronic waste and universal waste) with solid waste discarded for collection or removal. A nonresidential customer will securely bag or wrap airborne waste before discarding it.

3. Weight Limitations. A nonresidential customer may not fill containers in excess of the weights prescribed by its hauler.

4. Contaminating source-separated recyclables or green waste with refuse. No nonresidential customer may contaminate containers that have been designated by the City Manager, registered or franchised commercial hauler, or authorized recycler, for the collection of recyclables or green waste, by discarding recyclables in the designated green waste container or green waste in the designated recyclables container. Refuse may only be placed in the designated refuse container. [Ord. 1-2019 §3, eff. 2-22-2019; Ord. 10-2010 §4, eff. 6-25-2010]