CHAPTER 9
SOLID WASTE AND RECYCLABLES COLLECTION SERVICES

Article I. General Provisions.

9.010 Title.

This Chapter is known and may be cited as the Solid Waste and Recyclables Collection Services Ordinance of the City of Fairfield. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.020 Purpose and Intent.

It is the intent of the City Council in adopting this Chapter to set forth terms and conditions pursuant to which authorization may be granted by the City Council to provide Solid Waste and Recyclables Collection Services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods and material. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.030 Defined Terms and Phrases.

For the purposes of this Chapter, the words, terms and phrases as defined in Section shall be construed as hereinafter set forth, unless it is apparent from context that a different meaning is intended:

1.    Authorized Construction and Demolition Waste Collector. “Authorized Construction and Demolition Waste Collector” shall mean an Authorized Collector with a Collection Agreement for the Collection of Construction and Demolition Waste.

2.    Authorized Collector. “Authorized Collector” shall mean a Solid Waste Enterprise operating under the provisions of a Collection Agreement approved by the City Council.

3.    Bin. “Bin” shall mean a detachable container used in connection with Commercial/Industrial Premises with a capacity equal to or less than six (6) cubic yards that is serviced using a front end loading vehicle.

4.    Box. “Box,” sometimes known as a “roll-off,” “drop” box or “debris” box, means a wheeled or sledded container or compactor, generally 10 to 40 cubic yards in size, that is picked up in its entirety by a dedicated truck.

5.    Bulky Waste. “Bulky Waste” shall mean oversized or overweight household articles placed curbside by a Residential Householder, which oversized or overweight household articles have weights, volumes or dimensions which cannot be accommodated by Solid Waste, Recyclables, or Green Waste Containers for Residential Premises, such as stoves, refrigerators (freon free), water heaters, washing machines, furniture, sofas, mattresses, box springs, large rugs and Landscaping Debris.

6.    Cart. “Cart” shall mean an industry-standard receptacle for Solid Waste, Recyclables, or Green Waste made of metal, hard rubber or plastic in a range of sizes approximately 35, 65 or 95 gallons with wheels, a handle for ease of movement and a tight-fitting, attached lid, and designed to be dumped mechanically into a collection vehicle.

7.    City. “City” shall mean the City of Fairfield, a California municipal corporation.

8.    City Manager. “City Manager” shall mean the City Manager of the City of Fairfield or his or her designee.

9.    Collection. “Collection” shall mean the operation of gathering together Within the City, and transporting to the point of Disposal or Processing, any Solid Waste (including Green Waste) and Recyclables.

10.    Collection Agreement. “Collection Agreement” shall mean an agreement between the City and a Solid Waste Enterprise, entered into pursuant to Article II of this Chapter, for the provision of Solid Waste and Recyclables Collection Services In the City.

11.    Collector Fee. “Collector Fee” shall mean the fee paid to the City by an Authorized Collector pursuant to this chapter.

12.    Commercial/Industrial Business Owner. “Commercial/Industrial Business Owner” shall mean any Person holding or occupying, alone or with others, Commercial/Industrial Premises, whether or not it is the holder of the title or owner of record of the Commercial/Industrial Premises.

13.    Commercial/Industrial Premises. “Commercial/Industrial Premises” shall mean all occupied real property In the City, except property occupied by state or local governmental agencies which pursuant to state or federal laws are exempt from the requirement to utilize the City’s authorized collector and except Residential Premises as defined herein, and shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional, services, sports or recreational facilities, Construction and Demolition Sites, a Multi-Family Residence that is not a Residential Premises, and any other commercial or industrial business facilities, structures, sites, or establishments In the City.

14.    Construction and Demolition Waste Collection Agreement. “Construction and Demolition Waste Collection Agreement” shall mean an agreement between the City and an Authorized C&D Collector, entered into pursuant to Article II of this Chapter, for the provision of collection of Construction and Demolition Waste In the City.

15.    Construction and Demolition Collector Fee. “Construction and Demolition Collector Fee” shall mean the fee paid to the City by an Authorized C&D Collector pursuant to this chapter.

16.    Construction and Demolition Sites. “Construction and Demolition Sites” shall mean any real property In the City in, on or from which a building or structure is being constructed, enlarged, altered, repaired, moved or demolished, including but not limited to the change of occupancy of a building, and/or electrical, gas, mechanical or plumbing systems, and which produces Construction or Demolition Waste which must be removed from the property, and requires the use of a Bin or a Box for that purpose.

17.    Construction and Demolition Waste. “Construction and Demolition Waste” shall mean any nonputrescible Solid Waste generated as the result of construction, remodeling, repair, demolition, or renovation operations on any pavement, house, commercial building or other structure, including but not limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood, masonry, rocks, trees, surplus materials, or remnants of new materials, including but not limited to paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble, whether brought on site for fabrication or intended for use on the site, excluding liquid and hazardous wastes.

18.    Container. “Container” shall mean any Bin, Box or Cart used for the purpose of holding Solid Waste or Recyclables for Collection.

19.    Disposal. “Disposal” shall mean the complete operation of treating and disposing of Solid Waste after the Collection thereof.

20.    Green Waste. “Green Waste” shall mean that Solid Waste consisting of leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens, separated from other Solid Waste.

21.    Hazardous Waste. “Hazardous Waste” shall have the meaning set forth in California Code of Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as may be amended from time to time.

22.    Holiday. “Holiday” shall mean: New Year’s Day, Independence Day, Thanksgiving Day and Christmas Day. “Holiday” shall also mean any other day recognized by resolution of the City Council or designated in the applicable Collection Agreement.

23.    Household Hazardous Waste. “Household Hazardous Waste” shall have the meaning set forth in California Code of Regulations, Title 14 §18502, or successor laws and regulations as may be amended from time to time.

24.    In the City or Within the City. “In the City” or “Within the City” shall mean all of the territory within the corporate boundaries of the City as such boundaries exist on the effective date of this Chapter or may thereafter exist by virtue of annexation of territory to or detachment of territory from the boundaries of City.

25.    Landscaping Debris. “Landscaping Debris” shall mean Green Waste that does not fit into a Standard Residential Green Waste Container, and includes stumps or branches exceeding three (3) inches in diameter or three (3) feet in length.

26.    Manure. “Manure” shall mean the waste droppings from any animal.

27.    Medical and Infectious Waste. “Medical and Infectious Waste” shall mean biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments.

28.    Mobile Home. “Mobile Home” shall have the meaning set forth in California Health and Safety Code §18200.

29.    Mobile Home Parks. “Mobile Home Parks” means a site at which Mobile Home spaces are rented for residential use.

30.    Multi-Family Residence. “Multi-Family Residence” shall mean any building or structure, including but not limited to Mobile Home Parks, or portion thereof, used for residential purposes having greater than four (4) distinct living units.

31.    Person. “Person” shall mean any individual, association, firm, partnership, corporation, organization, or any other group or combination thereof acting as a unit.

32.    Processing. “Processing” shall mean the reduction, separation, recovery conversion of Solid Waste.

33.    Public Agency. “Public Agency” shall mean any governmental agency or department thereof, whether federal, state, or local.

34.    Recyclables. “Recyclables” shall mean those materials that are suitable for Recycling, as determined by resolution of the City Council, or as set forth in a Collection Agreement.

35.    Recyclables Container. “Recyclables Container” shall mean a Container which is provided to Residential Premises for use in collecting and moving Recyclables to curbside for Collection by an Authorized Collector, or a Container which is provided to Commercial/Industrial Premises for use by an Authorized Collector in collecting and moving Recyclables.

36.    Recycling. “Recycling” shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become Solid Waste, and returning them 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. “Recycling” does not include transformation as defined in Public Resources Code Section 40201.

37.    Residential Householder. “Residential Householder” shall mean any Person or Persons holding or occupying Residential Premises In the City, whether or not the owner of the Residential Premises.

38.    Residential Owner. “Residential Owner” shall mean the owner of any Residential Premises Within the City.

39.    Residential Premises. “Residential Premises” shall mean: (i) any building or structure, or portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; and (ii) any multiple unit residential complex which, with the prior written approval of the City Manager, receives Solid Waste and Recyclables Collection services using Standard Residential Solid Waste and Recycling Containers.

40.    Resource Recovery. “Resource Recovery” shall mean any use of Solid Waste collected pursuant to this Chapter, except for landfill Disposal or transfer for landfill Disposal. “Resource Recovery” shall include, but is not limited to, transformation, composting, and multi-material Recycling.

41.    Solid Waste. “Solid Waste” shall mean all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, Construction and Demolition Wastes; discarded home appliances; dewatered, treated, or chemically fixed sewage sludge which is not a Hazardous Waste; Manure, Green Waste, vegetable or animal solid and semisolid wastes; Special Wastes; and other discarded solid and semisolid wastes. “Solid Waste” does not include Hazardous Waste or Medical and Infectious Waste.

42.    Solid Waste and Recyclables Collection Services. “Solid Waste and Recyclables Collection Services” shall mean the Collection, storage, or transfer of Solid Waste.

43.    Solid Waste Container. “Solid Waste Container” shall mean any Container permitted to be used for the purpose of holding Solid Waste for Collection.

44.    Solid Waste Enterprise. “Solid Waste Enterprise” shall mean any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing Solid Waste and Recyclables Collection Services.

45.    Special Items. “Special Items” shall mean any bulky or heavy objects that require Bin service and are not Bulky Waste, including, but not limited to, dirt, sod, brick, Manure, waste from any poultry yard or stable, and Construction and Demolition Waste.

46.    Special Wastes. “Special Wastes” include flammable waste; waste transported in a bulk tanker; liquid waste; sewage sludge; pollution control process waste; residue and debris from the cleanup of a spill or release of chemical substances or any other Special Wastes; contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, Recycling, reclamation, or Disposal of any other Special Wastes; dead animals; waste water; explosive substances; radioactive substances; industrial appliances; and abandoned vehicles and parts thereof.

47.    Standard Commercial/Industrial Solid Waste Container. “Standard Commercial/Industrial Solid Waste Container” shall mean a state-of-the-art Bin used in connection with Commercial/Industrial Premises designed for mechanical pick-up by Collection vehicles and equipped with a lid, or where appropriate for the Commercial/Industrial Premises being served, a state-of-the-art Box, and shall include other types of Containers suitable for the storage and Collection of commercial/industrial Solid Waste if approved in writing by the City Manager.

48.    Standard Residential Green Waste Container. “Standard Residential Green Waste Container” shall mean a standardized Cart designated for the Collection of Green Waste, having the capacity designated in the applicable Collection Agreement, and of a design, color and durability as approved by the City Manager.

49.    Standard Residential Recycling Container. “Standard Residential Recycling Container” shall mean a standardized Cart designated for the Collection of Recyclables, having the capacity designated in the applicable Collection Agreement, and of a design, color and durability as approved by the City Manager.

50.    Standard Residential Solid Waste Container. “Standard Residential Solid Waste Container” shall mean a standardized Cart designated for the Collection of Solid Waste, having the capacity designated in the applicable Collection Agreement, and of a design, color and durability as approved by the City Manager.

51.    Vacant Property. “Vacant Property” shall mean real property that is not occupied by any Person for a period of thirty (30) days or more.

52.    Waste Reduction and Recycling Plan. “Waste Reduction and Recycling Plan” shall mean information submitted to City for reporting diversion requirements to City. The information may be submitted online or in person and may consist of an estimated materials checklist prior to construction, a final report, and all necessary documentation to verify accuracy of information.

Nothing contained in this Section shall be deemed to preclude the City and any Authorized Collector from incorporating into any Collection Agreement definitions relating their respective contractual rights and obligations, which may differ from or augment those set forth herein. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

Article II. Collection Agreements.

9.040 Authorization of Collection Agreement by City Council.

The City Council may authorize, by contract, one or more Solid Waste Enterprises to provide Solid Waste and Recyclables Collection Services for residential and commercial/industrial users or customers, including but not limited to the Collection of Construction and Demolition Waste. In the sole discretion of the City Council, the Solid Waste and Recyclables Collection Services may be authorized on an exclusive or non-exclusive basis, and with or without competitive bidding, and may relate to any class or type of Solid Waste within all or any part of the territory of the City.

Notwithstanding the foregoing, nonexclusive Construction and Demolition Waste Collection Agreements may be approved by the City Manager.

No Person shall collect or dispose of Solid Waste or Recyclables In the City unless that Person has entered into a Collection Agreement with the City, except as otherwise specifically provided in this Chapter, and irrespective of any permit issued by any other governmental agency authorizing Collection of Solid Waste or Recyclables. Any such Collection Agreement shall be in addition to any business license or permit otherwise required by this Code. Authorized Collectors operating In the City on the effective date of this Chapter under a nonexclusive Collection Agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.050 Contents.

The terms and provisions of any Collection Agreement for Solid Waste and Recyclables Collection Services may relate to or include, without limitation, the following subject matters:

1.    The nature, scope and duration of the Agreement.

2.    The Collection schedule, including the frequency, days and hours of Collection.

3.    The applicable Collector Fee, including the amount, method of computation, and time for payment.

4.    The applicable rates, fees and charges for regular, special and emergency Collection services, including the method of setting and adjusting same, and the responsibility for billing and collecting same.

5.    Collection vehicles, including the permissible size and color, and any required identification, safety equipment, maintenance, inspection, and operational requirements.

6.    The receipt, processing and reporting of customer inquiries and complaints.

7.    Performance standards for the Authorized Collector’s personnel and equipment.

8.    Standards for Solid Waste, Recyclables, and Green Waste Containers, including size, repair or replacement, handling, placement, obligations of the Authorized Collector to provide, and permissible charges therefor.

9.    Standards and procedures for periodic performance reviews by the City.

10.    Noise attenuation policies and procedures.

11.    The maintenance by the Authorized Collector of an office for the conduct of business.

12.    Policies and procedures relating to the non-collection of Solid Waste, the Collection of Recyclables, the composting of Green Waste and Resource Recovery.

13.    Requirements relating to comprehensive liability insurance and workers’ compensation insurance.

14.    Requirements relating to the dissemination of information to the public concerning regular and special Solid Waste and Recyclables Collection Services, including Green Waste services.

15.    Actions or omissions constituting breaches or defaults, and the imposition of applicable penalties, liquidated damages, and other remedies, including suspension, revocation or termination.

16.    Requirements relating to performance bonds and to indemnification.

17.    Requirements relating to record keeping, accounting procedures, reporting, periodic audits, and inspection of records.

18.    Requirements relating to the assignment, transfer and renewal of the Agreement.

19.    Requirements relating to compliance with and implementation of state and federal laws, rules or regulations pertaining to Solid Waste and Recyclables Collection Services, and to implementation of state-mandated programs, including, without limitation, the City’s “Source Reduction and Recycling Element” and the City’s “Household Hazardous Waste Element.”

20.    Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the Collection Agreement and which will, in the judgment and discretion of the City Council, best serve the public interest and protect the public health, safety and welfare.

21.    The Collection of Solid Waste from publicly-owned property and facilities. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.060 Collector Fee.

Each Authorized Collector with a Collection Agreement shall pay a Collector Fee in an amount determined by resolution of the City Council or in the case of an Authorized Construction and Demolition Collector in the amount set forth in the applicable Construction and Demolition Waste Collection Agreement. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.070 Resolution of Conflicts.

In the event of any conflict between the provisions of a Collection Agreement which is authorized and approved by the City Council and the provisions of this Chapter, the provisions of the Collection Agreement shall control. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.080 Reserved.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.090 Permits and Licenses.

Every Authorized Collector shall obtain and maintain at all times during the Authorized Collector’s operations a business license issued by the City, and all applicable permits and licenses required by any Public Agency having jurisdiction. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.100 Transfer of Collection Agreement.

No Collection Agreement which is authorized by, subject to, or issued under the provisions of this Chapter shall be transferred, delegated, sublet, subcontracted to or assigned to another Person without the prior approval of the City Council except as otherwise expressly set forth in a Collection Agreement.

This restriction includes the transfer of ownership or the majority of the ownership or control in the Authorized Collector, and the transfer of thirty (30) percent or more of stock in Authorized Collector to another Person. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.110 Revocation of Collection Agreement.

After a hearing as provided in this Chapter, the City Manager may revoke or suspend any Collection Agreement for violation of a provision of this Chapter or any other applicable law, ordinance, or regulation of any Public Agency or for breach of a Collection Agreement as defined in any such agreement. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.120 Suspension of Collection Agreement.

The City Manager, without a hearing, may suspend a Collection Agreement for not more than 60 days, if the City Manager finds that continued operation by the Authorized Collector will constitute a threat to the public health, safety, or general welfare, or that the Authorized Collector is in violation of the Collection Agreement. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.130 Notice of Hearing; Revocation.

The City Clerk shall give written notice to the Authorized Collector of a hearing before the City Manager to consider revocation of a Collection Agreement, including the reasons therefor, not less than 15 days prior to such hearing. If the Collection Agreement is revoked, the City Clerk shall notify the Authorized Collector in writing of the reasons therefor, within five (5) days after the revocation. Notification may be delivered in person or by mail. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.140 Appeals.

Within seven (7) calendar days after written notice by the City of revocation of a Collection Agreement has been sent to the Authorized Collector, the Authorized Collector may file with the City Clerk an appeal of such decision to the City Council. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.150 Council Action.

The City Council may either affirm the action of the City Manager, send the matter back to the City Manager for further consideration, or set the matter for hearing by the City Council. If the City Council sets the matter for hearing, it shall base its action upon the standards delineated in this Article. The City Clerk shall send notice of such hearing to the Authorized Collector not less than 15 days prior to the hearing. Notification may be delivered in person or by mail. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

Article III. Rates.

9.160 Rates, Fees and Charges.

The City Council may, by resolution or an approved Collection Agreement, place a limit on the rates, fees, and charges (collectively, “Fees”) Authorized Collectors may charge to Residential Owners and to Commercial/Industrial Business Owners for the Collection of Solid Waste and Recyclables. No Authorized Collector shall charge any Fee which is greater than the maximum permitted by the City Council, unless otherwise authorized in this Chapter. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.170 Billing and Collection of Fees.

The billing and collection of the Fees imposed by the Authorized Collectors for Solid Waste and Recyclables Collection Services shall be the responsibility of the Authorized Collector; the City shall have no liability or responsibility therefor.

Every Commercial/Industrial Business Owner and Residential Owner shall pay the Authorized Collector the applicable Fees for Collection services rendered pursuant to this Chapter. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

Article IV. Vehicles.

9.180 Vehicles - Generally.

No Person may operate any vehicle for the Collection of Solid Waste or Recyclables other than an Authorized Collector who has a valid business license and a Collection Agreement and who has paid all required license, Collection Agreement or other City charges. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.190 Vehicle Standards.

Any vehicle utilized for the Collection, transportation or Disposal of Solid Waste Recyclables shall comply with the following standards:

1.    Each vehicle shall be constructed and used so that no Solid Waste, Recyclables, Green Waste, oil, grease, or other substance will blow, fall or leak out of the vehicle.

2.    A broom and shovel shall be carried on each vehicle at all times.

3.    Each vehicle shall comply with all applicable statutes, laws, or ordinances of any Public Agency.

4.    Each vehicle must be under seven (7) years of age unless specifically authorized in writing by the City.

5.    Routine bi-annual inspections by the California Highway Patrol shall be conducted and certificates for the inspection shall be filed with the City.

6.    All vehicles shall at all times be kept clean and sanitary, in good repair and well and uniformly painted to the satisfaction of the City.

7.    Each vehicle shall be equipped with watertight bodies fitted with close-fitting metal covers.

8.    The Authorized Collector’s name or firm name and telephone number shall be printed or painted in legible letters not less than five (5) inches in height in plain sight on both sides of all of Authorized Collector’s vehicles used In the City.

9.    High intensity fog lamps shall be maintained on any vehicle eighty (80) inches or wider, which shall consist of two (2) red tail lamps in addition to the standard tail lamps.

10.    All equipment shall be maintained at all times in a manner to prevent unnecessary noise during its operation. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.200 Operation of Equipment.

All Persons operating equipment for the Collection or transportation of Solid Waste or Recyclables shall do so in compliance with all applicable Federal, State and local laws and ordinances. Such vehicles shall not be operated in a manner which results in undue interference with normal traffic flows. No such vehicle shall be parked or left unattended on the public streets. No such vehicle shall be parked overnight on a public street or thoroughfare In the City. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.210 Compliance with Vehicle Standards.

Any vehicle used in the Collection or transportation of Solid Waste or Recyclables In the City shall, at all times, be maintained in accordance with all the standards set forth in this Chapter. The use of a vehicle which fails to comply with each of the standards set forth in this Chapter is prohibited. An Authorized Collector shall immediately remove any vehicle from Collection service which fails, at any time, to conform to any of the standards recited in this chapter and shall not use that vehicle until it is repaired. Should the City give notification at any time to an Authorized Collector that any of the Authorized Collector’s vehicles are not in compliance with the standards of this Chapter, the Authorized Collector shall immediately remove the vehicle from service. The vehicle shall not again be utilized In the City until it has been inspected and approved by the City. The Authorized Collector shall maintain its regular Collection schedule regardless of repair of any vehicle. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

Article V. Exclusions.

9.220 Residential Householder Exclusion.

No provision of this Chapter shall prevent Residential Householders from collecting and disposing of occasional loads of Solid Waste generated in or on their Residential Premises, or from composting Green Waste, or from selling or disposing of Recyclables generated in or on their Residential Premises. No Residential Householder, however, shall employ or engage any Solid Waste Enterprise, other than the Authorized Collector, to haul or transport such materials to a transfer station or landfill. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.230 Gardener’s Exclusion.

No provisions of this Chapter shall prevent a gardener, tree trimmer or Person engaged in a similar trade from collecting and disposing of grass cuttings, prunings, and similar material not containing other Solid Waste when incidental to providing such gardening, tree trimming, or similar services. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.240 Commercial/Industrial Exclusions.

A.    Source Separated Recyclables. No provision of this Chapter shall prevent a Commercial/Industrial Business Owner from selling to a buyer (whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials in stream of commerce, for a monetary or other valuable consideration), or from donating to a charitable organization, any source separated Recyclables, including without limitation, any saleable scrap, discard, reject, by-product, ferrous or non-ferrous metal, worn-out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a Commercial/Industrial Premises or business, and no longer useful to such commercial/industrial business. Any such buyer, however, must not be engaged in the business of collecting Solid Waste or Recyclables for a fee, other charge or consideration. Further, no such materials may be transported for disposition to a landfill or transfer station (as defined in Public Resources Code Section 40200). Source separated Recyclables within the meaning of this Section shall mean Recyclables separated on the Commercial/Industrial Premises from Solid Waste for the purpose of sale, not mixed with or containing more than incidental or minimal Solid Waste, and having a market value.

No provision of this Chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in stream of commerce, and which is not engaged in the business of collecting Solid Waste or providing Solid Waste Collection services for a fee, other charge or consideration, from buying any materials referenced in this paragraph “A” for monetary or other valuable consideration, and removing and transporting such materials to a destination for marketing (but not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200)). No such buyer shall buy or transport such materials without prior authorization from the City, as required by this Code, whether in the form of a business license, a business permit, or a nonexclusive Collection Agreement.

B.    In-House Recycling Programs. Nothing in this Chapter shall prevent a commercial/industrial business which has its own Recycling or Resource Recovery program for Recyclables generated by such business and not utilizing a Solid Waste Enterprise which provides Collection services for a fee, service charge, or other consideration, from continuing such Recycling or Resource Recovery program, and the Recyclables included in such program are excepted from any Collection Agreement entered into by the City.

C.    Renovation, Rebuilding, Repairs. No provision of this Chapter shall prevent a Commercial/Industrial Business Owner from arranging for any worn, spent, or defective equipment, or part thereof, used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such Commercial/Industrial Business Owner; nor shall any provision of this Chapter prevent any Person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing such equipment or part thereof, from transporting the same from or returning it to the commercial/industrial business, or from removing, transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract.

D.    Solid Waste. No provision of this Chapter shall prevent Commercial/Industrial Business Owners from collecting and disposing of occasional loads of Solid Waste generated in or on their Commercial/Industrial Premises. No Commercial/Industrial Business Owner, however, shall employ or engage any Solid Waste Enterprise, other than the Authorized Collector, to haul or transport such materials to a transfer station or landfill. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.250 Contractors’ Exclusions.

No provision of this Chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or Construction and Demolition Waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract. If a subcontractor is to be engaged to clean up and remove or remove such Construction and Demolition Waste, the subcontractor must be an Authorized Collector. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.260 Document Destruction Service.

No provision of this Chapter shall prevent any Person engaged in the business of destroying or disposing of secret, confidential, or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating or other means, as a part of such document destruction or Disposal service. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.270 Self-Haul Exclusion.

Notwithstanding Paragraph C of Section 9.290, and in addition to the authority granted by Section 9.220, nothing in this Chapter shall prevent a Commercial/Industrial Business Owner or Residential Householder from, on a regular basis, collecting and disposing of Solid Waste generated in or on their premises, in lieu of availing themselves of the services of the Authorized Collector.

No Residential Householder or Commercial/Industrial Business Owner shall employ or engage any Solid Waste Enterprise, other than an Authorized Collector, to haul or transport such materials to a transfer station or landfill. Any Residential Householder or Commercial/Industrial Business Owner who, pursuant to this Section, seeks to collect and dispose of Solid Waste generated in or on their premises, on a regular basis, must first obtain a self-haul permit from the City by completing an application and paying the required fee, and must comply with procedures for self-hauling to be adopted by the City Council by resolution. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.271 Special Exemption.

Special Exemptions may be granted by the City Manager for businesses that provide Collection of Solid Waste and Recyclables solely in conjunction with other services that are not provided by an Authorized Collector or Authorized Construction and Demolition Collector. A Special Exemption may not be granted where more than four (4) cubic yards of Solid Waste and Recyclables will be disposed of in a landfill or where a bin is used on-site. Examples of such businesses include, but are not limited to, businesses that enter onto private property and clean up and remove Solid Waste and Recyclables on a occasional basis. Any Person who, pursuant to this Section, seeks a Special Exemption, must first obtain a Special Exemption Permit from the City by completing an application and paying the required fee, and must comply with procedures for Special Exemptions to be adopted by the City Council by resolution. Any business engaged in the Collection of Solid Waste and Recyclables pursuant to a Special Exemption Permit must use a vehicle or trailer that is equipped with a non-detachable debris container with an open top, that is not capable of loading itself, and the driver must remain with the vehicle while it is being loaded. (Ord. No. 2013-01, § 1.)

9.280 General Requirements Applicable to Exclusions.

In all cases where the right to an exclusion pursuant to Sections 9.220 through 9.271 of this Chapter is exercised, Disposal shall be made at a Disposal or Processing facility which meets all applicable regulatory requirements. Any such Disposal by a Person exempted under this Section shall not relieve such Person from any obligation or liability imposed by this Chapter or any other City ordinance, resolution, rule or regulation for the payment of the minimum Solid Waste and Recyclables Collection rates imposed by the Authorized Collector pursuant to this Chapter, or of any other applicable rates or fees except as set forth in the next sentence. Notwithstanding the foregoing, the following shall be exempt from the payment of the Solid Waste and Recyclables Collection rates imposed for use of the services provided by the Authorized Collector: (a) any Person with a valid self-haul permit obtained pursuant to Section 9.270 who does not use the Solid Waste and Recyclables Collection Services offered by the Authorized Collector; and (b) any owner of Vacant Property who does not use Solid Waste and Recyclables Collection Services offered by the Authorized Collector, for the period of time the property is vacant. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

Article VI. General Requirements.

9.290 Mandatory Service.

A.    All Solid Waste and Recyclables collected from Residential or Commercial/Industrial Premises for a fee, service charge or other consideration, shall be collected by an Authorized Collector, subject to the exclusions set forth in Article V of this Chapter and the limited rights granted Authorized Collectors with Collection Agreements.

B.    No Person, firm, corporation or Solid Waste Enterprise or other Person, other than an Authorized Collector, shall negotiate or contract for, undertake to receive, collect or transport Solid Waste or Recyclables from Within the City for a fee, service charge or other consideration therefor, except as expressly provided herein.

C.    Except as otherwise provided in this Chapter, each Residential Householder and Commercial/Industrial Business Owner shall utilize the services of an Authorized Collector operating in accordance with a Collection Agreement for the Collection of Solid Waste and Recyclables from the residential or Commercial/Industrial Premises held or occupied by such Householder or Owner and shall pay for such services the Fees set by the Authorized Collector and authorized by the City Council. No Residential Householder or Commercial/ Industrial Business Owner shall enter into an agreement for Solid Waste, Recyclables and Green Waste Collection Services with any Person other than the Authorized Collector, except as otherwise expressly provided in this Chapter. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.300 Litter.

Any Person who deposits or causes to be deposited any Solid Waste or Recyclables on any public property, including the public right-of-way, or on private property within public view, except in a Container provided therefor as herein specified, shall immediately clean up, contain, collect and remove same.

To facilitate proper disposal of litter by pedestrians and motorists, publicly patronized establishments and institutions shall provide, empty and maintain adequate Containers for public deposit of Solid Waste generated by the public as a result of the patronization of such establishments. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.310 Transporting Loose Solid Waste.

It shall be unlawful for any Person to transport any loose Solid Waste by motor vehicle unless the cargo is covered and/or secured in such a manner as to prevent depositing of Solid Waste on public or private property. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.320 Transfer of Loads on Public Streets.

No Person shall transfer Solid Waste or Recyclables from one Collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the City, or is necessary owing to mechanical failure or accidental damage to a vehicle. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.330 Unauthorized Removal from, or Disposal in, Containers.

No Person other than the Authorized Collector shall tamper with or remove any Solid Waste or Recyclables from a Container, other than the owner or occupant of the property served by such Container, or an authorized employee of the City.

Subject to any exclusions set forth in Article V of this Chapter, no Person shall deposit Solid Waste from a Residential or Commercial/Industrial Premises in any place other than in an approved Container located on the Premises which generated the Solid Waste. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.340 Hours of Collection.

No Collection or delivery/removal of Containers shall be made between the hours of 6 p.m. and 6 a.m. Monday through Saturday or at any time on Sunday.

The City Manager may waive the requirements of this Section when necessitated by conditions beyond the control of the Authorized Collector. The City Manager may require an Authorized Collector to change hours of operation if disruption occurs. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.350 Resource Recovery.

Every Authorized Collector shall, at all times, comply with City policies and programs with regard to Solid Waste recovery, reduction of Solid Waste, and Recycling. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.360 Ownership.

At such time as the Solid Waste or Recyclables are placed for Collection at the usual place of Collection, the Solid Waste and Recyclables become the property of the designated Authorized Collector for that location. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.370 No Burning, Burial, or Dumping of Solid Waste or Recyclables.

It shall be unlawful at any time for any Person, including Authorized Collectors, to bury, dump or otherwise dispose of any Solid Waste or Recyclables Within the City. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.380 Trespass.

No Person authorized to collect or transport Solid Waste or Recyclables shall enter on private property beyond the extent necessary to collect the Solid Waste or Recyclables properly placed for Collection, or beyond the extent necessary to provide any agreed upon special Collection service. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.390 Required Monthly Reports.

Each Authorized Collector shall provide the City with monthly reports, to the extent required by the applicable Collection Agreement, or otherwise required by resolution of the City Council. An officer of an Authorized Collector shall sign each report. Each Authorized Collector shall maintain, but is not required to submit monthly: copies of waste Disposal and Recycling facility weight tickets/invoices which indicate the net amount of all waste disposed, transferred and/or recycled during each month that Collection services are provided; and an updated revised Collection service identification list. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.400 Annual Report.

Every Authorized Collector shall furnish an annual report to the City detailing the quantity and nature of all Solid Waste or Recyclables removed from the City. Reports shall be delivered to the City on or before January 31 of each year, for the immediately preceding calendar year. This report shall also include permitted waste Disposal facilities where the Authorized Collector has disposed and/or transferred all Solid Waste removed from the City. This report is to also include a compilation of monthly tonnage reports and/or copies of tipping receipts. The report shall include a customer service identification list which identifies the name and address of each customer receiving Collection service from the Authorized Collector. The timely filing of a complete annual report is a condition of any Collection Agreement awarded by the City. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.410 Workers’ Compensation Insurance.

Each Authorized Collector shall at all times provide, at its own expense, Workers’ Compensation Insurance coverage for all employees. Each Authorized Collector shall file and maintain certificates with the City Manager showing the insurance to be in full force and effect at all times the Authorized Collector has a Collection Agreement. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.420 Collector’s Liability Insurance.

Each Authorized Collector shall furnish the City a policy or certificate of comprehensive general and automobile liability insurance insuring the Authorized Collector against bodily injury, property damage and automobile liability in amounts approved by the City Council. The insurance shall provide that the coverage is primary and that any insurance maintained by the City shall be excess insurance, shall be procured from an insurer authorized to do business in the State of California, shall name the City of Fairfield and its officers, employees and agents as additional insurance and shall not be canceled or modified without first giving to City thirty (30) days’ prior written notice. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.430 City to Be Free from Liability.

Any Authorized Collector who collects, transports, or disposes of Solid Waste, Recyclables, or Green Waste Within the City shall indemnify, defend, and hold harmless the City and its officers, employees, and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorneys’ fees, that the City shall incur or suffer, which arise, result from or relate to the Collection, transportation, or Disposal of Solid Waste or Recyclables by that Authorized Collector. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.440 Building Contractors to Maintain Area.

All owners, contractors, builders and demolition contractors shall, at all times, maintain the Construction or Demolition Site and any nearby premises utilized in the construction or demolition in a clean, safe and aesthetic manner and free of any Solid Waste. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.450 Accumulation or Storage of Solid Waste Declared Nuisance.

The accumulation or storage of Solid Waste, on any real property or in any structure Within the City, by any Person beyond the period of one week or in any manner other than as specified in this Chapter is hereby declared to be a nuisance pursuant to Section 38771 of the California Government Code. The City Council, pursuant to Section 38773 of the Government Code, shall by separate ordinance provide for the summary abatement of such nuisances. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.460 Improper Receptacles.

No cardboard box or paper or plastic bag may be used as a receptacle outdoors for Solid Waste or Recyclables. Any receptacle used to store Solid Waste or Recyclables outdoors must contain a lid that prevents moisture, flies, rodents or vermin from entering the receptacle. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.465 Unauthorized Containers.

A.    Except as expressly authorized by this Chapter, no Person other than an Authorized Collector operating in accordance with a Collection Agreement may place a Container or other receptacle for the Collection of Solid Waste or Recyclables Within the City. Any Container or other receptacle placed in violation of this Section is hereby declared to be a nuisance, and is subject to abatement pursuant to applicable provisions of the City Code.

B.    No Person shall place a Container in the public right-of-way without the prior written consent of the City Manager. Any such Container may be impounded by the City if not removed within 24 hours of written notice to the apparent owner of the Container, or immediately if the Container is not marked with information identifying its owner. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.470 Interference with Collection.

No Person shall, in any manner, interfere with the Collection and Disposal of Solid Waste or Recyclables by any Authorized Collector. No Person, other than the property owner or occupant, a Public Agency employee in the course of his or her official duties or an Authorized Collector, shall remove Solid Waste or Recyclables from any Container. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

Article VII. Residential Solid Waste, Recycling, and Green Waste Collection.

9.480 Residential Collection - Disposal.

All Solid Waste collected by an Authorized Collector shall be disposed of by the Authorized Collector in accordance with all applicable federal, state and local laws and regulations and the controlling Collection Agreement. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.490 Residential Collection - Frequency.

Unless otherwise approved by the City Council, Collection of Solid Waste and Recyclables shall take place no less than once each calendar week, on the same day of the week. An Authorized Collector shall collect all Solid Waste and Recyclables placed for Collection in compliance with the applicable Collection Agreement and this Chapter from each Residential Premises in accordance with a schedule which has been approved by the City. The schedule shall identify the routes and days of pickup for each Collection district established Within the City. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.500 Residential Collection - Containers.

Subject to the prior approval of the City, and to the terms and conditions of the Collection Agreement, the Authorized Collector shall provide Standard Residential Solid Waste, Recyclables, and Green Waste Containers to each Residential Householder. No cardboard box, paper or plastic bag, or other similarly fragile container, may be used as a Container for Solid Waste, Recyclables, or Green Waste. Except as expressly provided otherwise herein, upon the commencement of automated Collection In the City only Containers provided by the Authorized Collector may be used for residential Solid Waste, Recyclables, or Green Waste. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.510 Residential Collection - Placement and Removal of Containers.

Every Residential Householder shall place each Solid Waste, Recyclables, and Green Waste Container for Collection at the curb in front of the premises, or at the curb at the side of the premises where the premises are adjacent to more than one street. No Person shall place any such Container for Collection earlier than sunset of the day preceding the day designated for Collection, and all Containers and receptacles shall be removed from the place of Collection prior to 10:00 p.m. of the day the Containers have been emptied. Such Containers shall be removed to a storage location, which is not visible from any public right-of-way, excluding alleys. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.520 Residential Collection - Care of Containers.

Upon Collection, all Solid Waste, Recyclables, and Green Waste Containers shall be replaced in an upright position, at the location where found by an Authorized Collector. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.530 Residential Collection - Special Collection Services.

An Authorized Collector operating in accordance with a Collection Agreement shall provide, upon request from a Residential Householder, special Collection of Solid Waste, Collection of Bulky Waste (including but not limited to mattresses, furniture, appliances and bundled Landscaping Debris), and Collection of Special Items at such rates as may be established by the Authorized Collector and approved by the City and at such times as may be agreed upon by the Authorized Collector and the Person requesting the service. If no agreement is reached, such special Collections shall be provided as determined by the City. Such special Collection may include carry-out service, or any other service beyond that required by this Chapter or the applicable Collection Agreement. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.540 Residential Collection - Collection of Special Items.

Any Residential Householder receiving temporary service for Collection of Special Items shall obtain an encroachment permit from the City prior to having any Container for Special Items placed in a public right-of-way. Proof of such encroachment permit shall be provided to any Authorized Collector prior to receipt of the Special Items Container. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

Article VIII. Commercial/Industrial Collection.

9.550 Commercial/Industrial - Disposal and Status of Solid Waste.

An Authorized Collector shall collect and dispose of all Solid Waste generated and presented for Collection at each Commercial/Industrial Premises in conformity with the provisions of this Chapter. Any such Collection and Disposal shall be in accordance with all applicable federal, state, and local laws and regulations and any controlling Collection Agreement between the Authorized Collector and the City. All Solid Waste collected by an Authorized Collector shall be the exclusive property of the Authorized Collector. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.560 Commercial/Industrial - Frequency of Collection.

The Authorized Collector shall collect Solid Waste from Commercial/Industrial Premises not less than once per week. In no event shall such Collection schedule permit the accumulation of Solid Waste in quantities detrimental to public health or safety. Frequency of Collection and size or number of Containers may be adjusted by the City if necessary to maintain public health. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.570 Commercial/Industrial - Containers.

A.    Every commercial/industrial business served by an Authorized Collector shall use the Standard Commercial/ Industrial Solid Waste and Recyclables Container or Containers or with the prior written approval of the City Manager standard residential Containers both as provided by the Authorized Collector.

B.    Every Authorized Collector providing any Container or other equipment used for the storage of commercial/industrial Solid Waste shall:

1.    Place and maintain on the outside of such Container, Bin or other equipment, in legible letters and numerals not less than one inch in height, the Authorized Collector’s business name and telephone number, in a color contrasting with the background color of the Container; and

2.    Provide Containers on wheels or skids or with hasps and locks upon request by the Commercial/Industrial Business Owner. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.580 Commercial/Industrial Maintenance and Placement of Containers.

Solid Waste and Recyclables and Green Waste Containers provided by an Authorized Collector shall be maintained in a clean, safe and sanitary condition by the Authorized Collector. Containers which are not provided by the Authorized Collector shall be maintained in a clean, safe and sanitary condition by the Commercial/Industrial Business Owner. Every Commercial/Industrial Business Owner shall provide a Solid Waste Container location on the Commercial/ Industrial Premises and shall keep the area in good repair, clean and free of Solid Waste outside of the Container. Every Authorized Collector shall remove any Solid Waste or litter that is spilled or deposited on ground as a result of the Authorized Collector’s emptying of the Container or other activity of the Authorized Collector. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.590 Commercial/Industrial - Care of Containers.

Upon Collection of Solid Waste and Recyclables by the Authorized Collector, all Containers shall be replaced, upright, where found, with the lids closed. No Person, other than the owner thereof, shall in any manner break, damage, roughly handle or destroy Containers placed on the premises of a Commercial/ Industrial Business Owner. Any Container which has defects likely to hamper Collection or injure Person collecting the contents thereof, or the public generally, shall be replaced promptly by the Commercial/Industrial Business Owner or if provided by an Authorized Collector, by the Authorized Collector. Failure to replace any such Container within five (5) days of written notification from the City shall constitute a violation of this section. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.600 Commercial/Industrial - Special Circumstances.

If particular Commercial/Industrial Premises require Collections at times, frequencies or in a manner such that the Authorized Collector operating in accordance with a Collection Agreement is unable to perform the Collection in the normal course of business, or where unusual quantities of Solid Waste or special types of material are to be collected and disposed of, or where special methods of handling are required, or where the quantity of Solid Waste requires the use of multiple (more than three) Containers, the Authorized Collector and the Commercial/Industrial Business Owner may make arrangements for such Collection on mutually agreeable terms. If the business owner and the Authorized Collector do not agree as to the methods for the service provided for in this Section, the City shall determine the method of service. If the Authorized Collector is unable or unwilling to provide such service, the City may authorize the business owner to use another Authorized Collector for such special service until the Authorized Collector can provide such service in its normal course of business. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.610 New Commercial/Industrial Buildings.

No building permit shall be issued for construction of any commercial/industrial building, including but not limited to Multi-Family Residences, until the adequacy, location and accessibility of Solid Waste Containers has been approved by the City. No certificate of occupancy shall be issued for the premises until the Planning Department has approved these facilities. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

Article IX. Construction and Demolition Waste.

9.620 Construction and Demolition Waste Collection.

The Collection of Construction and Demolition Waste shall be performed in conformance with standards adopted by the City Council by Resolution, including but not limited to payment of a Construction and Demolition Collector Fee, or otherwise as set forth in the applicable Construction and Demolition Waste Collection Agreement. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

9.630 Construction and Demolition Waste - Enforcement.

The Collection of Construction and Demolition Waste deemed applicable per section 9.650 by any Person who does not have a Construction and Demolition Waste Collection Agreement with the City is in violation of this Chapter. When such Collection of Construction and Demolition Waste without a Construction and Demolition Waste Collection Agreement is identified by the City, the City shall have the discretion to take any or all of the following actions:

1.    The Person found to be providing or paying for a subcontractor to provide for Construction and Demolition Waste Collection that does not have an approved Construction and Demolition Waste Collection Agreement will be notified of the violation via certified mail, facsimile transmission or personal service.

2.    The Person providing the collection of Construction and Demolition Waste shall be given 24 hours from the date of the notice to remove any and all Containers used to collect the Construction and Demolition Waste.

3.    If the Person does not apply for a Construction and Demolition Waste Collection Agreement and fails to remove Containers within the 24-hour period given, City staff may initiate abatement procedures pursuant to Chapter 27, section 27.401(r) of the City Code.

4.    Per Section 9.465, no Person shall place a Container in the public right-of-way without the prior written consent of the City Manager or designee. (Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1.)

Article X. Construction and Demolition Waste Diversion.

9.640 Construction and Demolition Waste Diversion.

Fifty percent (50%) of Construction and Demolition Waste generated from applicable construction, remodeling, or demolition projects shall be diverted from disposal to landfills through recycling, reuse and diversion programs. Separate calculations, plans and reports are required for the construction portion and demolition portion of projects. (Ord. No. 2013-01, § 1.)

9.650 Applicability.

Projects subject to the requirements of this article include any project which consists of one or more of the following:

1.    Demolition of a building or structure, or a portion thereof, that is equal to or greater than 1,000 square feet (residential, commercial, industrial, or institutional).

2.    Construction of a new residential, commercial, industrial, or institutional building or structure that is equal to or greater than 1,000 square feet.

3.    Construction of new residential dwellings in a subdivision where a homebuilder has a construction phase that includes multiple residential lots.

4.    Construction of single family dwellings, duets, townhouses or condominiums.

5.    Construction of new multifamily dwellings where four or more units are under construction at a given time.

6.    Addition or alteration of a commercial, industrial, institutional, residential, or multifamily building or structure that is equal to or greater than 1,000 square feet. (Ord. No. 2013-01, § 1.)

9.660 Exemptions.

1.    Emergency work to demolish, construct, or alter a structure deemed a hazard or substandard structure by the California Building Code through the Building Official.

2.    Any project which may be contaminated by hazardous waste.

3.    Demolition of a building or structure, or a portion thereof, that is equal to or less than 999 square feet.

4.    Addition or alteration of commercial, industrial, institutional, multifamily building, single family home, or structure that is equal to or less than 999 square feet.

5.    In unusual and unique circumstances, the Public Works Director may exempt a specific project from the requirements of this Article X. (Ord. No. 2013-01, § 1.)

9.670 Information Required Before Issuance of Building or Demolition Permit.

1.    Prior to permit issuance projects must submit Waste Reduction Recycling Plan identifying the estimated construction and demolition diversion.

i.    No building permit or demolition permit shall be issued without an approved Waste Reduction and Recycling Plan.

ii.    In lieu of a Waste Reduction and Recycling Plan, the applicant can contract the services of an Authorized Construction and Demolition Collector and provide a copy of said contract to the City Manager or designee for acceptance prior to permit issuance.

iii.    All information for Waste Reduction and Recycling Plan may be submitted via hardcopy on City approved forms or submitted electronically online through a city approved site.

2.    Deposits:

i.    A deposit of three percent (3%) of the total project value, not to exceed ten thousand dollars ($10,000), may be required if the applicant is not achieving the fifty percent (50%) diversion for their previous or existing Waste Reduction and Recycling Plan based on quarterly diversion reports or if the applicant has not submitted the required reports.

ii.    Applicants receiving a Non-Compliance determination for previous Waste Reduction and Recycling Reports will be required to submit a three percent (3%) of total project value, not to exceed ten thousand dollars ($10,000), deposit on five subsequent projects following the Non-Compliance determination.

iii.    Upon the City’s determination that the applicant has complied with this article for the five projects, the applicant shall not be required to comply with the three percent (3%) deposit provision unless a new violation of this article has occurred.

3.    Submittal of Waste Reduction and Recycling Plan:

i.    Every applicant shall submit a properly completed Waste Reduction and Recycling Plan as a requirement of the building or demolition process.

ii.    The Waste Reduction and Recycling Plan and required information may be submitted electronically online or submitted as a hard copy. City approved forms must be used.

iii.    The Waste Reduction and Recycling Plan shall be submitted to the City Manager or designee for review and approval prior to permit issuance.

iv.    The Waste Reduction and Recycling Plan can cover multiple building permits for lots where construction activity is occurring at the same time by the same applicant (i.e. residential subdivisions).

v.    The applicant must provide information on the Waste Reduction and Recycling Plan that identifies project information and materials to be recycled and/or disposed of and facilities or service providers to be used.

vi.    The City will deny approval of an incomplete Waste Reduction and Recycling Plan.

vii.    The applicant must submit the additional information requested to the City and resubmit Waste Reduction and Recycling Plan to be reviewed for approval. (Ord. No. 2013-01, § 1.)

9.680 Compliance with Diversion Requirements.

A.    Compliance.

i.    Inspection: City may inspect project sites to determine compliance with Waste Reduction and Recycling Plan.

ii.    Proof of Diversion: After Waste Reduction and Recycling Plan is approved and building permit issued, applicants will be required to submit proof of compliance quarterly and at the end of each project to demonstrate compliance with the project specific Waste Reduction and Recycling Plan. End of project reports are to be submitted at the end of the project as a precedent to final inspection and certificate of occupancy.

iii.    There are no additional reporting requirements if an Authorized C&D Collector has been utilized.

iv.    For projects where “Self-haul” is being utilized, the applicant will be required to submit proof of compliance before final inspection and certificate of occupancy.

B.    Proof of Compliance includes:

i.    A completed and approved copy of the Waste Reduction and Recycling Plan,

ii.    Receipts from vendors, landfill or facilities which collected or received each material showing the actual weight of that material (recyclables and solid waste). Each receipt must clearly state the project title, date, and location of facility for each project.

iii.    Weight tickets from landfill and materials salvaged or reused in current project. Each weight ticket must clearly state the project, date and location for each project. (Ord. No. 2013-01, § 1.)

9.690 Determination of Compliance.

All projects where an Authorized Construction and Demolition Collector is the waste hauler, a fifty percent (50%) diversion is assumed on behalf of the applicant. For Self-haul projects the City Manager or designee shall review the Waste Reduction and Recycling Plan and report and determine whether the applicant has complied with the diversion requirements as follows:

1.    Full compliance. City Manager or designee will notify the applicant and the building department if the diversion requirements have been met.

2.    Good faith effort to comply. If the City Manager or designee determines that the diversion requirements have not been achieved, a case by case determination shall be considered if a “good faith effort to comply” has been issued.

3.    Non-Compliance. If the City Manager or designee determines that the applicant has not made good faith efforts to comply, the applicant will receive a “Non-compliance” determination.

4.    Applicants that have received a “Non-Compliance” determination will be required to post a deposit that is three percent (3%) of the total project value of the applicant’s next five consecutive Waste Reduction and Recycling Plans (not to exceed $10,000 for each plan).

5.    Projects that have been constructed without the submittal and compliance with a Waste Reduction and Recycling Plan shall be subject to a one thousand dollar ($1,000) penalty, will receive a “Non-Compliance” description and will be required to post a deposit that is three percent (3%) of the total project value of the applicant’s Waste Reduction and Recycling Plan for the next five consecutive Waste Reduction and Recycling Plans (not to exceed $10,000 for each plan).

6.    Any deposits that are forfeited and/or fines that are collected shall be deposited into the Solid Waste Fund and will be used to implement the City’s recycling program. (Ord. No. 2013-01, § 1.)

9.700 Authorized Construction and Demolition Recycling Facility.

Construction and Demolition Waste must be hauled to an approved facility that has obtained all applicable Federal, State and local permits, and is in full compliance with all regulations, and its percentage of diversion meets current requirements set forth by the City. (Ord. No. 2013-01, § 1.)

9.710 Option to Revise.

The City will periodically evaluate this diversion of Construction and Waste article to determine its effectiveness in reducing the amount of Construction and Demolition Waste landfilled. If the City determines that additional Construction and Demolition Waste can reasonably be diverted beyond that which is required herein, the City may amend these provisions and implement additional measures and accompanying fees to divert more materials. (Ord. No. 2013-01, § 1.)

9.720 Recycling Encouraged.

Nothing in this chapter shall limit the right of an individual or applicant to donate, sell or otherwise dispose of recyclables, provided that such disposal is in accordance with provisions of this chapter. (Ord. No. 2013-01, § 1.)

9.730 Rules and Regulations.

The City Manager or designee is authorized to make all necessary and reasonable rules and regulations with respect to the enforcement of this article. All such rules and regulations shall be consistent with the provisions of this article. (Ord. No. 2013-01, § 1.)