Chapter 8.12 INTEGRATED WASTE MANAGEMENT

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section. Words and phrases not ascribed a meaning by this section shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40105 through 40200.

“Act” means the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

“Authorized recycling contractor,” as used in this chapter, means a person, firm, partnership, corporation, or other entity authorized under and by virtue of a contract with the city to collect recyclable waste material in the city.

“Bulky waste” means and includes, but not by way of limitation, discarded white goods (i.e., major household appliances), furniture, tires, carpets, mattresses and similar large items which cannot be placed in a covered container.

“City” means the city of Highland.

“City manager” means the city manager of the city or the city manager’s duly authorized representative.

“Collection” means the act of collecting solid waste, recyclables or compostables at the place of generation by an approved collector.

“Collector” means, depending upon the context in which used, either the city, another local agency or a contractor.

“Commercial bins” means bins provided by a collector, one and one-half cubic yards capacity or greater, designed for the deposit of refuse, charged at commercial rates.

“Commercial premises” means all premises in the city, other than residential premises, where refuse is generated or accumulated; however, mobilehome parks may be included.

“Construction material” means discarded material from the construction or destruction of buildings, roads and bridges, to include concrete, rocks, asphalt, plasterboard, wood, and other related construction material.

“Container” means any bin, vessel, can, or receptacle used for collecting solid wastes for removal, whether owned by the collector, property owner or tenant.

“Contractor” means a person, persons, local agency, firm or corporation franchised, authorized or permitted by the city to provide refuse, recycling, or compostable collection services within the city.

“Curb collection” means the collection of refuse placed at a location not more than five feet from the street, curb or alley abutting the occupied residence.

“Designated recycling collection location,” as used in this chapter, means the place designated in the contract between the city and an authorized recycling contractor from which the authorized recycling contractor has contracted to collect recyclable waste material. This location will customarily be the curbside of a residential neighborhood or the service alley of a commercial enterprise.

“Detachable bin” means a metal container designed for mechanical emptying and provided by the city or contractor for the accumulation and storage of refuse.

“Disposal” means the complete operation of treating and disposing of the accumulation of garbage, rubbish waste material and the product or residue arising from such treatment.

Dwelling, Multiple. “Multiple dwelling” means a residential building designed for occupancy by more than one family, consisting of more than one living unit, even where there is no more than one water meter on such premises but excluding hotels, motels, and lodges.

Dwelling, Single-Family. “Single-family dwelling” means a detached building designed for occupancy by one family and consisting of a single living unit, including condominium units.

“Franchise” means the right and privilege to: (1) collect, (2) transport to landfill or other licensed disposal facilities as determined by the city and/or (3) recycle from collected solid waste and recyclables all solid waste kept, generated and/or accumulated within the city from the franchise area as defined in the franchise agreement. Any franchise is subject to all of the provisions of the franchise agreement, and to any rights held by any other solid waste enterprise holding rights pursuant to Public Resources Code Section 49520.

“Franchise fee” means the fee or assessment imposed by the city on the contractor, because of its status as contractor, as condition for the use of the city streets. The term “franchise fee” does not include:

A. Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both businesses and contractor or their services but not including a tax, fee, or assessment which is unduly discriminatory against contractor or its customers); or

B. Requirements, reimbursements, charges or fees incident to the awarding, administering, enforcing, transfer or renewal of a franchise, including payments of bonds, consultants, administrative expenses, fees described in HMC 8.12.060(A), attorney’s fees, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages.

“Garbage” means the putrescible animal, fish, fowl, food, fruit, bakery goods, or vegetable matter resulting from the preparation, storage, processing, handling, decay, distribution, manufacturing, or consumption of such substance, except suet, tallow, bones, or meat trimmings that are not rejected by the owner or producer as worthless or useless.

“Garbage hauler” means any person, firm or corporation that transports garbage from a central collection point to a commercial garbage feeding hog ranch.

“Gross revenues” means any and all revenue or compensation in any form derived directly or indirectly by the contractor, its affiliates, subsidiaries, parents and any person or entity in which the contractor has a financial interest, from the collection of refuse pursuant to a franchise, including, but not limited to, monthly customer fees for collection of refuse and recyclables, special pickup fees, bin and drop box rental and collection fees, fees for redelivery of bins and drop boxes, and revenue from the sale of recyclable, without subtracting franchise fees or any other cost of doing business; provided, however, that the amount of gross revenues may be reduced by the amount of any bad debts incurred by the contractor or refunds returned to customers; provided, that the revenue with respect thereto has been included in the computation of gross revenues.

“Hazardous refuse” means any compound, mixture, substance, or article which, if improperly used, handled, transplanted, processed, or stored, may constitute a hazard to health or may cause damage to property and contaminate the water table by reason of being explosive, flammable, poisonous, corrosive, radioactive, or otherwise harmful to the environment, including wastes or refuse defined as hazardous under state or federal law.

“Health officer” means the city manager or his designated representative.

“Industrial waste” means solid waste resulting from industrial processes and manufacturing operations, including but not limited to wholesale and volume food processing waste, boiler house cinders, lumber scraps and shavings, metal scraps and shavings, and chemical wastes.

“Noncombustible rubbish” means ashes, bottles, broken crockery, glasses, tin cans and other metallic substances and like or similar articles or substances that will not incinerate.

“Operator receipts” means that portion of gross revenues which is retained by the operator, i.e., all receipts except landfill and franchise fees.

“Place” or “premises” means every dwelling house; dwelling unit; apartment house or multiple dwelling building; trailer or mobilehome park; store; restaurant; rooming house; hotel, motel; office building; department store; manufacturing, processing, or assembling shop or plant; and every other place or premises where any person resides, or any business is carried on or conducted within the city or any other site upon which garbage, wastes, or refuse is produced or accumulates.

“Property owner” means the person, persons, partnership or corporation to whom the taxes on the property are assessed, as shown on the last equalized assessment roll of the county of San Bernardino, or alternatively, from such other records of the county assessor or tax collector as contain more recent information.

“Recyclable waste material” as used in this chapter means discarded material such as, but not limited to, newspapers, cardboard and other paper products, glass, plastic, aluminum and metal cans, and compostables which are separated from garbage or refuse for the purpose of recycling.

“Recycling” as used in this chapter means the process of collecting and turning used products into new products by reprocessing or remanufacturing them.

“Refuse” includes both garbage and rubbish and means putrescible and nonputrescible solid waste or debris, except sewage, whether combustible or noncombustible including but not limited to paper, cardboard, grass, tree, or shrub trimmings, straw, clothing, wood, or wood products, crockery, glass, rubber, metal, plastic, construction, or demolition material, recyclables, compostables, bulky wastes, and other municipal solid waste.

“Single-family residential” includes single-family residences and any other residences that do not require bin services.

“Small generator” means the occupants of a residential unit who regularly generate quantities of rubbish which can be held within a container equivalent to 32 or 64 gallons per week.

“Solid waste or waste matter” means “refuse” as defined in this section.

“Standard residential refuse container” means a container of a size, design, and weight prescribed by the city council by resolution, for single-family residential solid waste collection, designed and manufactured for the accumulation and storage of residential refuse. The top diameter of the container shall in no case be smaller than the diameter of the receptacle at the bottom.

“Yard waste” means all leaves, cuttings and trimmings from trees, shrubs and grass. Yard waste does not include heavy or bulky articles such as trees, tree stumps, tree limbs or logs. (Ord. 166 § 2, 1993)

8.12.020 Integrated waste management – Provision of service.

The city shall provide for or furnish integrated waste management services relating to collection, transfer, and disposal of refuse, recyclable, and compostables within and throughout the city. Such services may be furnished by any one or combination of the following:

A. City officers and employees;

B. Contractors franchised or licensed by the city; or

C. Agreement with another local agency. (Ord. 166 § 2, 1993)

8.12.030 Integrated waste management – Manner, time and frequency of collection.

The city council may establish by resolution, the manner in which integrated waste management services are provided within the city, specifying the hours, days, and frequency of collection. (Ord. 166 § 2, 1993)

8.12.040 Integrated waste management – Categories.

The city council may determine by resolution, waste management collection categories, i.e., residential, single-family residential, multifamily residential, commercial, industry, special, special event, household hazardous waste recycling, and other; and may make or impose collection requirements which vary for such categories. (Ord. 166 § 2, 1993)

8.12.050 Integrated waste management – Refuse collection service – Mandatory.

A. Every person who owns and every person who occupies any developed real property within the city whether at a residential, commercial, or industrial location, or otherwise shall make or cause to be made with the city’s authorized agent, appropriate arrangements for regular refuse collection services and it is unlawful for any such person to fail, refuse or neglect to do so.

B. Any occupant of property shall be deemed to have complied with this subsection if the owner of the property has caused to be made such appropriate arrangements for collection of refuse upon all portions of the property occupied by the occupant.

C. It is further unlawful, and a public nuisance, for any person to occupy or inhabit any property within the city for which appropriate arrangements have not been made and kept in full force and effect for regular refuse collection services. (Ord. 166 § 2, 1993)

8.12.060 Fees, franchises, and permits.

A. Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code Sections 41900 et seq., the city may issue one or more contracts, permits or franchises and may levy fees upon contractors and premises for refuse collection, transfer and disposal, and the collection and transfer of recyclable and compostables. Such fees may include charges for the use of dumpsters, landfills, and may include costs of preparing and implementing source reduction and recycling elements and integrated waste management plans. The city may also impose and collect from its contractor, permittee or franchisee a fee for the long-term right to use the city streets, as compensation for the grant of a right-of-way to provide vital public services with a degree of permanence and stability. The city may determine to collect all or part of such charges on the tax roll, or by such other means as the council may elect, whether or not delinquent.

B. City council may by resolution waive permit or franchise fees for recyclers and collectors of compostables. (Ord. 166 § 2, 1993)

8.12.070 Residential refuse collection franchises, contracts and permits.

A. The city council may award one or more franchises, contracts and/or permits for refuse collection from all or a portion of residential properties in the city. Any such franchise, contract or permit shall be granted by the city council by resolution, upon a determination that the public convenience and necessity are served by the award of a franchise, contract or permit.

B. The franchise, contract or permit shall be granted on such terms and conditions as the city council shall establish in its sole discretion. At a minimum, the franchise, contract or permit shall provide as follows:

1. Residential collection rates by categories (e.g., dwelling, single-family; dwelling, multiple; small generator);

2. A franchise fee to be paid to the city for a residential franchise as percentage of gross revenue for operations within the city. The percentage shall be adopted by the city council by agreement;

3. The franchisee shall be required to cooperate with city in solid waste generation studies, waste stream audits, and to implement measures to achieve the city’s solid waste and recycling goals mandated by the California Integrated Waste Management Act of 1989. (Ord. 166 § 2, 1993)

8.12.080 Commercial refuse collection franchises, contracts and permits.

A. The city council may award one or more franchises, contracts and/or permits for refuse collection from commercial properties (including industrial, governmental, institutional, mobilehome parks and all other nonresidential). Such franchise, contract or permit shall be granted by the city council by resolution, upon a determination that the public convenience and necessity are served by the award of the franchise, contract or permit.

l. Commercial collection rates set according to different classes of commercial rates, based on volume, frequency of collection, and waste stream composition;

2. A franchise fee to be paid to the city for commercial franchises as a percentage of gross revenue for operations within the city;

3. The franchisees shall be required to cooperate with city in solid waste generation studies, waste stream audits, and implementing measures to achieve the city’s source reduction, recycling, and waste stream diversion goals mandated by the California Integrated Waste Management Act of 1989. (Ord. 166 § 2, 1993)

8.12.090 Hazardous waste collection franchises, contracts and permits.

A. The city council may award additional franchises, contracts and/or permits for hazardous waste collection from commercial properties including industrial, governmental, institutional, and all other nonresidential properties. Such franchise, contract or permit shall be granted by the city council by resolution, upon a determination that the public convenience and necessity are served by the award of the franchise, contract or permit.

B. The franchise, contract, or permit shall be granted on such terms and conditions as the city council shall establish in its sole discretion. Any such franchise shall be granted by the city council by resolution. (Ord. 166 § 2, 1993)

8.12.100 Solid waste management facility – Permits – Required.

No person shall construct or operate a solid waste management facility including but not limited to a materials recovery facility, landfill, composting facility, or buy-back recycling center without a permit issued by the city, upon satisfying all city requirements for land use and other approvals. Fees for such permits shall be set by the city council by resolution. (Ord. 166 § 2, 1993)

8.12.110 Liability for fees.

Every person or property owner required to arrange for refuse collection or the collection of recyclable or compostables shall be liable for the fees and charges for such collection, whether or not collection services are utilized, except as otherwise provided in this chapter. (Ord. 166 § 2, 1993)

8.12.120 Collection fees – Generally.

A. Every person in the city who has the occupancy, charge or control of any place or premises, with the exception of residential and commercial rental units, within the city, where any refuse accumulates, shall pay, or cause to be paid, to the city or its authorized contractor a fee in such amounts and in such manner as shall be established or required by resolution of the city council for the service of having such refuse collected and removed from the place or premises. In the case of residential and commercial rental units, the property owner of record shall be primarily responsible for payment of the fees established by resolution. For residential and commercial rental units, the occupant, user, or person who controls or rents the unit shall have secondary responsibility for payment of the fees.

B. Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments of refuse collection fees are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the property owner’s obligation to make payment to the city or its contractor.

C. All fees for the residential service shall be due and payable monthly, in advance of the period for which the service is to be rendered, and become delinquent upon the tenth day of the month next succeeding the period for which the bill was rendered, or the council may choose to place all fees on property tax bills.

D. Commercial recycling shall be a mandatory service and fees shall be payable one month in advance of the period for which the service is to be rendered, and become delinquent upon the tenth day of the month next succeeding the period for which the bill was rendered. However, payment for disposal service shall be designated by, and contracted with, the disposal company. (Ord. 166 § 2, 1993)

8.12.130 Fees to be based on types of occupancies – Types of occupancies defined.

A. The fees to be paid for the service of having refuse, garbage and recyclables collected and removed by occupants or other persons having charge or control of any place or premises in the city shall be based on the type of occupancy and use of the place or premises in the city.

B. The different occupancies and uses are defined as follows:

1. Commercial Use. Premises upon which is located any type of business requiring a business license under the provisions of this chapter or other ordinances and resolutions of the city.

2. Residential Use. Premises upon which is located one or more dwelling units. (Ord. 166 § 2, 1993)

8.12.140 Refuse collection fee a debt.

A. The refuse collection fee shall be a civil debt owing or due to the city or its authorized agent or contractor from the occupant or property owner required to have service under this chapter.

B. An invoice for refuse collection service unpaid 30 days after mailing, is considered delinquent. A penalty of 10 percent shall be charged, and an additional one and one-half percent per month shall be charged until the charges and penalties are paid in full.

C. The city or its authorized agent or contractor may pursue collection of delinquent accounts through collection agencies, small claims courts, or any other means provided by law, and may recover reasonable attorney’s fees and costs as permitted by law. (Ord. 166 § 2, 1993)

8.12.150 Collection procedure for delinquent accounts – Creation of lien.

Any fees authorized pursuant to this chapter which remain unpaid after the delinquent date as set forth in this chapter may be collected by the city as provided in this section.

A. The city council shall cause a report of delinquent refuse fees to be prepared periodically. The council shall fix a time, date and place for hearing and report and any objections or protests thereto;

B. The city council shall cause notice of hearing to be mailed to the property owners listed on the report not less than 15 days prior to the date of the hearing;

C. At the hearing, the city council shall hear any objections or protests of property owners liable to be assessed for delinquent fees. The city council may make such revisions, corrections or deletions to the report as it deems just, after which, by resolution, the report shall be confirmed;

D. The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and may be placed as a lien on the property for the amount of such delinquent fees plus legal fees and administration costs. A certified copy of the confirmed report shall be filed with the city clerk, or auditor appointed by the city council, for the current assessment roll. The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same procedure and sale in cases of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of city ad valorem property taxes shall be applicable to such assessment. (Ord. 166 § 2, 1993)

8.12.160 Containers – Location.

It is the duty of every person designated under HMC 8.12.050 in possession, charge or control of any place within the city in or from which refuse accumulates or is produced, to keep in a suitable place, containers capable of holding without spilling all refuse which would ordinarily accumulate on the premises between the time of two successive collections. The suitable place shall be the location defined by the city’s development code, zoning code or general plan, and generally out of direct view from the adjoining public street. (Ord. 166 § 2, 1993)

8.12.170 Use of containers – Guidelines.

A. Every person designated under HMC 8.12.050 who is in charge of residential or commercial premises shall deposit or cause to be deposited all refuse and/or recyclables in standard containers or bins as approved by the public works subcommittee and the collector.

B. No person shall maintain or place for collection any container not in conformance with the standard container or bin designated by the city.

C. No container shall be delivered or provided by grantee to a location not authorized by this chapter or the city’s development code.

D. No container shall be placed adjacent to a street or public right-of-way for collection service more than 24 hours prior to the normal collection time.

E. Containers shall be removed from the street or right-of-way location within 12 hours after collection.

F. Dead animals and bulky waste shall not be set out for collection. Bulky waste shall be collected only during annual cleanups or by contractual arrangements between the resident or business and the contractor.

G. Tree trimmings and brush shall be cut into four-foot lengths and tied bundles of not larger than 24 inches in diameter for ease in pickup.

H. All residential solid waste must be placed out at the curb pickup site by 6:00 a.m. on the designated pickup day.

I. It shall be the duty of every person served to keep the refuse receptacle used in the service of such person in a clean and sanitary condition.

J. Any yard waste must be placed in a separate container, as specified by the public works subcommittee. (Ord. 166 § 2, 1993)

8.12.180 Unlawful acts.

It is unlawful for any person to place refuse in, or to otherwise use, the refuse containers of another person. (Ord. 166 § 2, 1993)

8.12.190 Collection – Frequency of removal.

A. Persons in charge of the day-to-day operation of properties other than commercial food preparation establishments shall make arrangements to have removed, not less frequently than once a week, from the property upon which the residence or residences are located, all refuse on the premises.

B. Every person in charge of commercial food preparation establishments shall cause all refuse to be removed from the property not less frequently than twice a week.

C. The public works subcommittee may specify the frequency of collection of refuse created, produced, or brought upon the premises of commercial or multifamily residential premises, and the size and number of bins required.

D. Collection shall be made only between the hours of 6:00 a.m. and 6:00 p.m. of any day, Monday through Saturday. Commercial pickup may begin at 5:00 a.m. if the commercial location is not adjacent to residential uses. Earlier pickup time may be authorized only upon prior written approval of the public works subcommittee which shall include requirements for the contractor to notify the affected customers prior to implementing the change.

E. In order to prevent problems of traffic, noise, wear and tear on the highway, or other problems having the potential to adversely affect health, safety, or the environment, which may develop in any specific area as a result of solid waste collection, the public works subcommittee may regulate the routes, intervals, delivery points and times for collection by all contractors operating within the city. (Ord. 166 § 2, 1993)

8.12.200 Containers – Located for collection.

During the hours for collection, residential containers shall be placed at the curb or right-of-way for collection and shall be accessible for mechanized pick-up. Commercial bins shall be accessible to the contractor. (Ord. 166 § 2, 1993)

8.12.210 Unlawful and prohibited acts – Public nuisance.

The keeping of refuse in containers or bins other than those prescribed by this chapter, or in keeping upon premises refuse which is offensive, obnoxious, or unsanitary is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances. It is unlawful, and a public nuisance, for any person to occupy, inhabit, or maintain any property within the city for which appropriate arrangements have not been made and kept in full force and effect for regular refuse removal services. (Ord. 166 § 2, 1993)

8.12.220 Unlawful and prohibited acts – Removal of refuse.

A. No person, other than the person in charge of any premises, or the person authorized by law to remove any container or bin from the location where the container was placed by the person in charge of storage or collection, shall remove any refuse or recyclable waste material from any container or bin, or move the container or bin from the location in which it was placed for storage or collection, without prior written approval of the person in charge of such premises.

B. No person other than those authorized by the city shall gather, collect or remove any refuse, waste or recyclable materials, convey or transport any refuse, waste, or recyclable material in, along or over any public street, alley or highway in the city, or take any refuse, waste, or recyclable material from any receptacle in which the same may be placed for collection or removal, or interfere with or disturb any receptacle, or remove any such receptacle, or remove any such receptacle from any location where the same is placed by the owner thereof, except as follows:

1. Any person holding a valid city business license to engage in the nursery or gardening business, or to any person removing shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris from any property owned or occupied by such person;

2. Any person removing hazardous waste materials, subject to state and county hazardous waste regulations;

3. Any person removing large or oversized items of rubbish from any property owned or occupied by such person;

4. Any person removing animal feces from their own property or any person handling feces must have a valid city business license. (Ord. 269 § 4, 2001; Ord. 166 § 2, 1993)

8.12.230 Unlawful and prohibited acts – Bulky waste.

No person shall place bulky waste adjacent to a street or public right-of-way for collection or removal purposes without prior approval and arrangements with the collector. (Ord. 166 § 2, 1993)

8.12.240 Unlawful and prohibited acts – Containers intended primarily for pedestrian use.

It is unlawful for any person to place or deposit residential, institutional, commercial, industrial, special or hazardous waste in any container placed upon the public street by public authority and meant primarily for the disposal of refuse by pedestrians using the sidewalk. (Ord. 166 § 2, 1993)

8.12.250 Unlawful and prohibited acts – Refuse burning.

No person shall burn any refuse within the city, except in an approved incinerator, or transformation facility or other device for which a permit has been issued by the appropriate public official, and which complies with all applicable permits and other regulations of air pollution control authorities and provided any such act of burning in all respects complies with all other laws, rules and regulations. (Ord. 166 § 2, 1993)

8.12.260 Unlawful and prohibited acts – Collection from premises covered by franchise.

At such times as one or more franchises for collection covering all or part of the city is in force, it shall be unlawful for any person other than the franchisee or its agents and employees to collect any refuse or recyclable waste material for hire from premises covered by the franchise. This section shall not, however, be deemed to apply to the following persons:

A. Any persons holding valid city business license to engage in the nursery or gardening business and collecting and disposing of shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris; or

B. Any person removing shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris from any property owned or occupied by the person; or

C. Hazardous or special waste haulers. (Ord. 166 § 2, 1993)

8.12.270 Unlawful and prohibited acts – Unauthorized removal.

It is unlawful for any person, other than a person holding a contract or franchise for the collection of rubbish, to take, remove, or appropriate for his/her own use any refuse which has been placed in any street or alley for collection or removal, whether the refuse is so placed in regular containers or not. (Ord. 166 § 2, 1993)

8.12.280 Special collections.

The city council may authorize, and subscribers to a refuse collection service may request, special collections of such things as discarded furniture, white goods, Christmas trees, and other items too large to fit in standard containers; city-wide cleanups; and household hazardous waste round-ups, subject to city council approval, and the payment of rates established by the city council, by resolution or agreement. (Ord. 166 § 2, 1993)

8.12.285 Construction and demolition.

A. Contractors or builders removing debris, rubbish and trash from construction sites are subject to the following:

1. Prior to, and as a condition of the issuance of any building or construction permit, the permittee shall have submitted and obtained an approved construction waste diversion plan.

B. The construction waste diversion plan shall be in the form required by the community development director, and shall provide for on site storage and regular collection of construction site waste and recyclable materials, and accurate reporting. The construction waste diversion plan shall also demonstrate compliance with the following construction site requirements:

1. Construction waste and debris shall be regularly removed from the construction site, and shall not be stored on-site and in the open for a period in excess of four weeks; provided, that such waste is not hazardous or noxious and does not constitute a nuisance, in which case it must be appropriately secured and regularly removed from the construction site as determined by the community development director.

2. Reasonable efforts must be demonstrated to provide for segregation of recyclable construction waste materials, and diversion thereof from the landfills. The planning division shall provide a list of recyclable construction waste materials.

3. Waste and debris which may be transported by the wind shall be placed in suitable containers daily and removed as necessary. Adequate storage capacity shall be provided on site to prevent littering of surrounding areas.

C. Demonstrated compliance with the construction waste diversion plan shall be a condition of any city inspection of the construction site pursuant to the building or construction permit. (Ord. 269 § 3, 2001)

8.12.290 Collection equipment – Required – Listed.

A. Contractor Equipment. Each contractor shall provide sufficient collection equipment in accordance with the terms of the contract with the city authorizing such contractor to provide collection, transfer, and disposal services.

B. Trucks – Standards. Any truck used for the collection or transportation of waste matter shall be leak proof and equipped with a close-fitting cover which shall be affixed in a manner that will prevent spillings, droppings, or blowing of any refuse upon the public right-of-way during collection or transportation.

C. Trucks – Maintenance. All trucks used for collection or transportation of refuse shall be maintained in a clean and sanitary condition, neatly and uniformly painted, and shall carry a shovel, broom, and fire extinguisher.

D. Trucks – Identification. The owner of each truck used for collection or transportation of refuse shall have the owner’s name, telephone number, and truck number printed on each side of all trucks in letters not less than five inches high.

E. Trucks – Cleaning. All refuse-conveying trucks shall be washed, cleaned, and disinfected both on the inside and outside at least once weekly, or more frequently if necessary to protect public health. The outside of all such trucks shall be kept free from refuse at all times.

F. Containers – Condition. The collector shall maintain in good repair and, as necessary, replace containers and bins furnished to customers. Containers shall be cleaned, as necessary, to control vector problems.

G. Trucks – Noise. The noise level for the collection vehicles during the stationary compaction process shall not exceed 75 decibels at a distance of 25 feet from the collection vehicle and at an elevation of five feet from the horizontal base place of such vehicles. (Ord. 166 § 2, 1993)

8.12.300 Disposal of solid waste refuse – Authorized dump sites.

A. Each person, firm, or corporation collecting and disposing of solid waste refuse shall deposit such solid waste only at disposal or dumping sites, recycling or composting facilities as approved by the public works subcommittee, and shall not deposit, leave, dump, drop, place or otherwise dispose of such refuse or other waste upon any street, alley, waterway, or other unauthorized or unimproved lot or any other place within the city.

B. Such person, firm, or corporation shall report the type, quantity, volume, and weight of refuse removed, to the city manager or his designee, at such times as the city manager may specify. (Ord. 166 § 2, 1993)

8.12.310 Disposal of solid waste refuse – Spills.

In transporting refuse any person, firm, or corporation shall take any and all necessary steps to guarantee that refuse is not scattered. Each person, firm, or corporation shall be responsible for cleaning up refuse spilled or dumped during removal or transport within the city. (Ord. 166 § 2, 1993)

8.12.320 Disposal of solid waste refuse – Violation constitutes a misdemeanor.

Repealed by Ord. 370. (Ord. 166 § 2, 1993)

8.12.330 Unauthorized collection of recyclable materials.

A. Ownership of Recyclable Waste Material. Upon placement of recyclable waste material at a designated recycling collection location for collection by an authorized recycling contractor, the recyclable waste material shall become the property of the authorized recycling contractor.

B. Unauthorized Collection Prohibited. During the 24-hour period commencing at 6:00 p.m. on any day preceding a day designated for collection of recyclable waste material, no person, other than the city or its authorized recycling contractor, shall remove recyclable waste material which has been placed at a designated recycling collection location. Any and each such collection in violation hereof from one or more designated recycling collection locations during the 24-hour period shall constitute a violation of this municipal code.

C. Right of Individual to Dispose of Recyclable Waste Material. Nothing in this chapter shall limit the right of an individual person, organization, or other entity to donate, sell, or otherwise dispose of recyclable waste material; provided, that any such disposal is in accordance with the provisions of this chapter.

D. Enforcement – Authority. The city manager or his designee shall have the authority to enforce the provisions of this section. This authority shall be in addition to the authority granted to police officers pursuant to the ordinances of the city.

E. Civil Action by Authorized Recycling Contractor. Nothing in this chapter shall be deemed to limit the right of an authorized recycling contractor to being a civil action against any person who violates subsection B of this section, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor. (Ord. 370 § 22, 2012; Ord. 166 § 2, 1993)

8.12.340 Unlawful dumping – Prohibited – Enforcement.

A. It is unlawful for any person to place, deposit, or dump solid waste of any kind whatsoever upon any property within the city or to cause, suffer, or permit such solid waste to be placed, deposited, or dumped upon any property, in the city, without first having obtained a conditional use permit pursuant to the zoning laws of the city, as now or hereinafter amended, or pursuant to any other zoning law that may be hereinafter adopted in the place and instead of the zoning laws of the city.

B. Enforcement. Pursuant to California Penal Code Section 836.5, the director of community development and any city code enforcement officer are hereby authorized to enforce the provisions of this section as well as those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7 and 375; California Government Code Section 68055 et seq.; and California Vehicle Code Sections 23111 and 23112. (Ord. 166 § 2, 1993)

8.12.350 Special permits – Variances.

Where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this chapter with respect to any particular premises, special written permits may be issued by the city authorizing exceptions from the provisions of this chapter, subject to such terms and conditions as deemed necessary to protect the public health and safety so that the spirit of this chapter shall be observed, public health and safety secured, and substantial justice done.

A. Exception to Container Placement for Residential Use. In cases where the property consists of large parcels over two and one-half acres or where the lot or residence is extremely removed from the street, an exception to HMC 8.12.160 may be granted waiving the placement of standard containers; provided, that:

1. The containers are screened from the street as required by the city’s development code;

2. The city’s code compliance officer validates the necessity of such an exemption.

3. A one-time fee of $22.00 be paid to the city for initial verification of the exception.

B. Variance to Small Business Owners. In cases where property owners have a business located within the city, residential waste removal fees may be waived if:

1. The owner can effectively use the remaining capacity of the container located at the business for residential waste;

2. A fee of $12.00 per year be paid to the city to track and administer the exception;

3. The business has a current city license.

C. Variance to Handicapped. All handicapped individuals upon showing handicapped status are entitled to free carry out to the collection vehicle.

D. Permits for Self-Haulers of Residential Waste Removal.

1. The city by resolution may establish procedures for self-hauling of household solid waste, recyclable and yard waste by residents from their own premises. In order to self-haul, the resident must meet the requirements of that resolution. A resident who fails or refuses to meet the requirements of the resolution or who is not on the list of self-haulers must subscribe for services as required by this chapter.

2. Notwithstanding the foregoing, each person removing solid waste, yard waste, or recyclables from his or her own single-family residential premises shall deposit such only at authorized recycling, disposal or dumping sites and shall not deposit, leave, dump, drop, place or otherwise dispose of such solid waste, yard waste or recyclables upon any street, alley, waterway, or other unauthorized or unimproved lot or land within the city or county, including in the bin or dump site of another person or entity.

3. In transporting, any self-hauler shall take any and all necessary steps to guarantee that solid waste, yard waste and recyclables are not scattered, dropped or spilled. The self-hauler is responsible, immediately, for any and all clean-up of material spilled or dumped during removal or transport.

4. Violation of the requirement mentioned in subsection (D)(3) of this section, such as, but not limited to, illegal dumping and utilizing the dumpster of another without permission, is grounds for removal from the registered list of self-haulers and may subject the violators to the penalties set out in this chapter. All residents who are not on the registered list of self-haulers must subscribe for waste collection as required by this chapter. (Ord. 166 § 2, 1993)

8.12.360 Clean-up responsibility.

Until picked up by a collector, each person shall be responsible for the cleanup of any and all refuse which that person has generated, dumped, spilled, or otherwise loosed or littered, notwithstanding human or animal interference with bins or containers (whether or not standard containers were used), wind or other natural forces, and whether during storage, collection, removal, or transfer. The city or contractor shall be responsible for any refuse spilled during its storage, collection, removal or transfer. (Ord. 166 § 2, 1993)

8.12.370 Violation – Penalty.

Repealed by Ord. 370. (Ord. 166 § 2, 1993)