CHAPTER 4.
COLLECTION OF SOLID WASTE AND RECYCLABLES*

*    Editor’s Note: Former Chapter 4, “Garbage,” was amended in its entirety by Ord. 98-001. Ordinances or parts of ordinances formerly codified in this chapter include Ords. 294, 373, 464, 68-08, 85-019, 90-1

Sections:

6-4.01    Definitions

6-4.02    Removal, Handling and Disposal Requirements

6-4.03    Responsibility for Proper Removal and Disposal of Municipal Solid Waste

6-4.04    Removal, Handling, and Disposal of Municipal Solid Waste

6-4.05    Prohibited Acts

6-4.06    Containers; Serviceability

6-4.07    Containers; Placement

6-4.08    Containers; Prohibited Materials

6-4.09    Weight Limits

6-4.10    Collection; Interference

6-4.11    Failure to Initiate or Maintain Service

6-4.12    Administrative Hearing

6-4.13    Recordation of Lien for Delinquent Charges

6-4.14    Collection of Delinquent Charges

6-4.15    Manner of Giving Notices

6-4.16    Ownership of Recyclable Materials; Violations

6-4.17    Prohibition on Destruction of Source Separated Recyclables

6-4.18    Right of Individuals to Dispose of Source Separated Recyclables

6-4.19    Penalties

6-4.20    Repealed by Ord. 10-15

6-4.21    Repealed by Ord. 10-15

6-4.22    Repealed by Ord. 10-15

6-4.24    Repealed by Ord. 10-15

6-4.01 Definitions.

For the purposes of this chapter certain words and phrases used in this chapter are defined as follows:

(a)    “Bulky goods” shall mean materials, such as large household appliances, furniture, carpets, mattresses, electronic waste, cardboard and other items generated within the City that typically do not fit within a household sized container but does not include hazardous waste.

(b)    “City” shall mean the City of Emeryville.

(c)    “Container” shall mean a receptacle or other item approved by the Director for use in containing municipal solid waste, universal waste, and/or construction and demolition debris that is collected, self-hauled or composted.

(d)    “Compost” shall mean the purposeful or engineered physical, chemical, and biological degradation of biodegradable materials into soil amendments as determined by standard laboratory analysis.

(e)    “Commercial” shall mean a commercial establishment and/or industrial facility, including but not limited to office, retail, governmental, religious, and educational facilities. “Commercial” does not include facilities that contain dwellings.

(f)    “Construction and demolition debris” shall mean used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair or demolition operations of any house, residential property, commercial building, pavement, or other structure. Construction and demolition debris includes rocks, soils, tree remains, and other waste which results from land clearing or land development operations in preparation for construction but does not include hazardous waste.

(g)    “Director” shall mean the Director of Public Works of the City or his/her designee.

(h)    “Discard facility” shall mean any facility(ies) that holds applicable permits to process and market materials for re-use or recycling; compost; or dispose of municipal solid waste, household hazardous waste; construction and demolition debris, or universal waste.

(i)    “Dwelling” shall mean a residence, flat, apartment, live-work unit, or other facility, which meets the applicable City codes for residential living. “Dwelling” does not include a hotel or motel.

(j)    “Franchisee” shall mean the entity(ies) granted a franchise by the City to collect, handle and dispose of municipal solid waste generated within the City limits.

(k)    “Hazardous waste” shall mean:

(1)    Any material, substance, waste or component thereof which poses an actual or potential risk to public health and safety or the environment by virtue of being actually or potentially toxic, corrosive, bioaccumulative, reactive, ignitable, radioactive, infectious or otherwise harmful to public health and safety or the environment, and which requires special handling under any present or future federal, state or local law, excluding de minimus quantities of waste of a type and amount normally found in solid waste generated by dwellings after implementation of programs for the safe collection, recycling, treatment and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code; and

(2)    All substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste in California Health and Safety Code Sections 25110.02, 25115, and 25117, as amended; or in the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended.

(l)    “Household hazardous waste” shall mean hazardous waste similar to or generated at dwellings within the City, and includes, but is not limited to, automotive fluids, paints, varnishes, solvents, pesticides, fertilizers, and dry cell batteries.

(m)    “Municipal solid waste” shall mean waste material generated within the City, including solid waste, bulky goods, organics, recyclables, or household hazardous waste. Municipal solid waste does not include construction and demolition debris, universal waste, or hazardous waste.

(n)    “Organics” shall mean all organic materials of plant or animal origin which are or were components of human foodstuffs. Organics shall also include nonrecyclable and soiled paper, vegetable trimmings, clean uncontaminated wood and sawdust, and other compostable waste.

(o)    “On-site composting” shall mean composting of organics on the premises of the generator of the organics in containers approved by the director.

(p)    “Owner” shall mean the person(s) or entity(ies) holding legal title to the premises.

(q)    “Premises” shall mean any building or lot within the City boundaries.

(r)    “Putrescible waste” shall mean municipal solid waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to cause obnoxious odors and to be capable of attracting or providing food for birds, insects, or animals.

(s)    “Roll-off box” means any unit, container, or enclosure including, but not limited to, six (6), ten (10), fourteen (14), twenty (20), thirty (30), forty (40), and fifty (50) cubic yard detachable units which are used for discards. A roll-off box may be an open top container or an enclosed container with a compaction unit.

(t)    “Self-haul” shall mean the removal and disposal of municipal solid waste, construction and demolition debris, household hazardous waste, or universal waste by the generator of the materials to a discard facility that holds all applicable permits.

(u)    “Solid waste” shall mean all “solid waste” as defined in California Public Resources Code Section 40191, as that section may be amended from time to time, which is generated within the City. “Solid waste” includes all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, cold ashes, industrial wastes, pet manure, vegetable or animal solid and semisolid wastes, and other discarded wastes, but does not include abandoned vehicles or hazardous waste. “Solid waste” may include recyclables, bulky goods, and construction and demolition debris if such materials are not source separated from solid waste at the site of generation or collected for recycling, composting, processing, and marketing.

(v)    “Source separated organics” shall mean materials which have been segregated from solid waste by or for the generator on the premises at which they were generated to be made into on-site compost or collected by the franchisee to be made into compost at a facility holding all applicable permits. Compostable material includes putrescible material such as food waste, food-contaminated compostable paper products, tissue paper, paper towels, vegetative matter resulting from landscaping maintenance, including accumulation of lawn, grass, shrubbery cuttings or clippings, and dry leaf rakings, palm fronds, tree branches, bushes or shrubs, green leaf cuttings, fruits or other vegetative matter usually created as refuse in the care of lawns and yards.

(w)    “Source separated recyclables” shall mean materials which have been segregated from solid waste by or for the generator on the premises at which they were generated to be 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.

(x)    “Tenant,” when used with reference to a dwelling, shall mean any person or persons, other than the owner, occupying or in possession of the dwelling.

(y)    “Universal waste” shall mean materials that the California Department of Toxic Substances Control considers universal waste, including materials such as batteries, thermostats, lamps, cathode ray tubes, computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, video cassette players/recorders, compact disc players/recorders, calculators, some appliances, aerosol cans, and certain mercury-containing devices.

(z)    “Yard waste” shall mean vegetative matter resulting from landscaping maintenance, including accumulation of lawn, grass, shrubbery cuttings or clippings and dry leaf rakings, palm fronds, tree branches, bushes or shrubs, green leaf cuttings, fruits, or other matter usually created as refuse in the care of lawns and yards.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.02 Removal, Handling and Disposal Requirements.

All occupied premises and construction/demolition sites are required to remove, handle, and dispose of municipal solid waste, universal waste, and/or construction and demolition debris through contract by the franchisee or by another service provider as under the terms of the franchise or provide documentation that all generated municipal solid waste, universal waste, and/or construction and demolition debris is being self-hauled to an appropriate discard facility(ies) holding all applicable permits or is being disposed of by on-site composting following the provisions of this chapter.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.03 Responsibility for Proper Removal and Disposal of Municipal Solid Waste.

(a)    Every owner of any premises or construction/demolition site where municipal solid waste, universal waste, and/or construction and demolition debris is generated and/or accumulated is responsible for proper waste removal and disposal. Nothing in this section prohibits an owner from including any and all waste removal and disposal as part of a lease agreement, or prohibits a tenant from directly contracting with the franchisee, or self-hauling all waste in accordance with the provisions of this chapter.

(b)    Every owner of a premises shall initiate service within ten (10) calendar days of occupancy of any premises or place within the city where municipal solid waste, universal waste, and/or construction and demolition waste is generated and/or accumulated. If service is not initiated within this time period, the provisions for failure to initiate or maintain service, as described in this chapter, shall apply.

(c)    Notwithstanding subsections (a) and (b) of this section, in lieu of initiating collection services for waste collection with the franchisee, an owner may elect to self-haul municipal solid waste, universal waste, and/or construction and demolition debris generated at the premises directly to a discard facility holding all applicable permits to accept the waste.

(1)    The owner which self-hauls putrescible waste shall maintain records indicating such waste was removed from the premises and properly disposed of at least weekly at a discard facility holding all applicable permits; or is disposed of by on-site composting pursuant to the provisions of this chapter.

(2)    The City may conduct inspections and require proof of self-hauling. Failure to self-haul to the standards described in this section will result in the provisions of failure to initiate or maintain service, as described in this chapter, to apply.

(d)    If the director determines that additional containers or capacity is necessary, the owner shall provide for such additional service within fifteen (15) days of the date of the mailing of written notice by the Director.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.04 Removal, Handling, and Disposal of Municipal Solid Waste.

It shall be unlawful for any person other than the franchisee to collect or transport any municipal solid waste, universal waste, or construction and demolition debris generated within the City, except as follows:

(a)    Construction and demolition debris that is:

(1)    Removed from a premises by a licensed contractor as an incidental part of a total construction, remodeling, or demolition service offered by that contractor rather than as a separately contracted or subcontracted hauling service using roll-off boxes or similar apparatus; or

(2)    Directly loaded onto a fixed body vehicle and hauled directly to a discard facility that holds all applicable permits.

(b)    Municipal solid waste or universal waste removed and hauled by the generator directly to a discard facility holding all applicable permits.

(c)    Source separated recyclables, source separated organics, bulky goods, or universal waste exempted from sole collection by the franchisee.

(d)    Municipal solid waste, bulky goods, construction and demolition debris or universal waste collected and transported by City crews.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.05 Prohibited Acts.

(a)    No person owning or occupying any premises in the City shall accumulate, or allow to accumulate, upon or in such premises waste materials of any kind; however, this section shall not be construed as interfering with a construction project during the construction period.

(b)    No person shall dump, place or bury any waste of any kind on any premises or in any public place or right-of-way within the City.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.06 Containers; Serviceability.

(a)    All municipal solid waste, except for bulky waste, universal waste, or construction and demolition debris shall be deposited for removal in a container provided by the franchisee, a container which meets the service requirements of the franchisee, or a container for self-haul or on-site composting as approved by the Director.

(b)    Every owner of any premises or place within the City where municipal solid waste are generated or accumulated shall ensure that the containers are of an adequate quantity and/or size for the proper storage for collection. Cardboard, yard waste or wood may be bundled for collection as an alternative to placement in a source separated recyclables container.

(c)    All containers shall be maintained in a clean, neat and sanitary condition.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.07 Containers; Placement.

No container for the collection of municipal solid waste or any bundle of yard waste or bulky goods shall be placed or stored on or in any public street, sidewalk, footpath, or public place. Notwithstanding the foregoing, such containers or bundles or bulky goods may be placed on a sidewalk for up to twenty-four (24) consecutive hours for the purpose of collection; provided, that the container or materials do not block or impede pedestrian travel or driveways owned or controlled by other persons or businesses.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.08 Containers; Prohibited Materials.

(a)    No person shall place the following materials in a container: hazardous waste, household hazardous waste, universal waste, human waste (excluding disposable diapers), or uncontained liquids (excluding grease waste set out for tallow). Notwithstanding the foregoing, household hazardous waste or universal waste accepted for collection by the franchisee or through a City-sponsored event may be set out in a specially designated container.

(b)    Dirt, brick, rocks, and cement may only be placed in containers approved by the franchisee or containers hauled by nonfranchisees as permitted under Section 6-4.04.

(c)    No person shall place bulky goods for collection except by special arrangement with the franchisee or during a City-sponsored curbside cleanup.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.09. Weight Limits.

If collected manually by the franchisee, no container, yard waste bundle, or bulky goods shall have a total weight in excess of the weight permitted under the franchise agreement.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.10 Collection; Interference.

It shall be unlawful for any person to interfere with the collection, removal, and disposal of municipal solid waste, universal waste, or construction and demolition debris set out for collection by the franchisee.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.11 Failure to Initiate or Maintain Service.

(a)    If the owner of a premises fails to initiate or maintain municipal solid waste, universal waste, or construction and demolition debris collection service with the franchisee, or to haul municipal solid waste, universal waste, or construction and demolition debris directly to a discard facility, the City shall send to the owner a notice requiring initiation or resumption of service by the franchisee, or hauling the waste directly to a discard facility, within ten (10) calendar days of the notice. This notice shall be mailed to each owner of record of the subject property as set forth in the County Assessor’s records as of the date of the warning notice. “Maintain,” as used in this section, includes maintaining current payment for collection service provided by the franchisee.

(b)    If the owner fails to initiate, maintain, or submit documentation of self-haul within the ten (10) day deadline, the City shall send a second notice stating that the City will initiate service with the franchisee on the owner’s behalf if the owner fails to initiate service within five (5) calendar days from the date of the second notice. The notice shall include a warning that the City will initiate said service on behalf of the owner and that a lien will be recorded on the property for the cost of the service plus administrative charges.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.12 Administrative Hearing.

The owner shall have the right to appeal the notice as provided in Chapter 4 of Title 1 of the Emeryville Municipal Code.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.13 Recordation of Lien for Delinquent Charges.

(a)    If the owner fails to pursue an appeal or a decision is rendered pursuant to Section 6‑4.12 which is adverse to the owner, the City shall initiate service on the owner’s behalf.

(b)    The City Council shall be requested to authorize the placement of a lien on the owner’s real property for the cost of the service. The lien shall be recorded with the Recorder of the County of Alameda and shall carry additional administrative charges set forth in the Master Fee Schedule.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.14 Collection of Delinquent Charges.

(a)    The delinquent charges which remain unpaid by the owner shall constitute an assessment against the property to which service was rendered and shall be collected at such time as established by the County Assessor for inclusion in the next property tax assessment.

(b)    The Finance Director shall turn over to the County Assessor for inclusion in the next property tax assessment the total sum of unpaid delinquent charges consisting of the delinquent garbage collection service charges and administrative charges.

(c)    The assessment may be collected at the same time and in the manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure of sale as provided for delinquent, ordinary, municipal taxes. The assessment shall be subordinate to all existing liens previously imposed upon the property and paramount to all other liens except for those of state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and charges due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessments.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.15 Manner of Giving Notices.

Any notice required to be given pursuant to this chapter shall be deemed served as of the date of personal service upon the owner or five days after deposit of said notice, postage prepaid in the United States Mail addressed to the owner at the address listed on the most recent County Assessor’s tax roll.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.16 Ownership of Recyclable Materials; Violations.

(a)    Source separated recyclables lawfully collected by an authorized recycler shall become the property of the authorized recycler when placed by the generator at designated locations for collection by the authorized recycler, unless otherwise provided by mutual agreement of the authorized recycler and the generator. For the purposes of this section, “authorized recycler” shall mean a recycler who has entered into an agreement with or has the permission of the generator of the source separated recyclables to collect source separated recyclables at the premises. An authorized recycler may include the franchisee.

(b)    It shall be unlawful for any person other than the authorized recycler to collect source separated recyclables at the designated recycling collection locations. Each and every such removal shall constitute a separate infraction. Nothing in this chapter shall be deemed to limit the legal rights and remedies of an authorized recycler.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010. Formerly 6-4.23)

6-4.17 Prohibition on Destruction of Source Separated Recyclables.

It shall be unlawful for any person to burn, break, destroy, scatter, or scavenge any source separated recyclables set out for collection by an authorized recycler, as that term is defined in Section 6-4.16. Any and each such violation shall constitute a separate and distinct infraction.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010. Formerly 6-4.25)

6-4.18 Right of Individuals to Dispose of Source Separated Recyclables.

Nothing in this chapter shall limit the right of the individual, organization or other entity to donate or sell source separated recyclables or pay for the removal of source separated recyclables exempted for sole collection by the franchisee; provided, that such activity is in accordance with the provisions of this chapter.

(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010. Formerly 6-4.26)

6-4.19 Penalties.

(a)    Anyone violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction pursuant to Chapter 2 of Title 1 of this Code.

(b)    Violations of any requirements of this chapter shall be deemed a public nuisance and may be abated accordingly. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

(c)    The remedies and penalties provided in this chapter are cumulative and not exclusive of one another. The City may pursue any and all other enforcement provisions and remedies as provided by this Code or other applicable law.

(Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)

6-4.20 Term of License.

Repealed by Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010.

6-4.21 Renewal of License.

Repealed by Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010.

6-4.22 Rights of Licensed Recyclers.

Repealed by Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010.

6-4.24 Performance Standards for Recyclers.

Repealed by Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010.