Chapter 8.08
SOLID WASTE MANAGEMENT
Sections:
Article I. Introduction and Definitions
8.08.010 Legislative policy.
8.08.020 Definitions.
Article II. General Regulations
8.08.030 Solid waste collection and disposal and recyclable materials and compostable materials collection and processing.
8.08.040 Containers.
8.08.060 Duration of storage.
8.08.070 Disposal.
8.08.080 Special collection and disposal provisions.
8.08.090 Restrictions on burying or burning waste.
8.08.095 No unauthorized containers.
Article III. Franchise Agreements
8.08.100 City Council to issue franchise.
8.08.110 Collection by franchisee.
8.08.120 Unlawful collection.
8.08.130 Charges for service.
8.08.140 Billings and penalties.
8.08.150 Payment under protest.
8.08.160 Failure to pay.
Article IV. (Repealed by Ord. 2082)
Article V. Franchisee’s Obligations
8.08.300 Properties, facilities, equipment, etc.
8.08.310 Records.
8.08.320 Inspection of records.
Article VI. General Provisions
8.08.400 General rules and regulations.
8.08.410 ADA compliance.
8.08.420 Severability.
8.08.430 Cooperation with city-initiated studies.
Article VII. Litter
8.08.500 Depositing litter prohibited.
8.08.510 Throwing litter from a vehicle prohibited.
8.08.520 Sweeping litter into streets prohibited.
8.08.530 Depositing household or commercial waste in public litter receptacles prohibited.
8.08.540 Depositing solid waste in city facility solid waste containers.
8.08.550 Depositing solid waste in sewer or storm system.
8.08.560 Dumping ground for solid waste or other materials.
8.08.570 Removal of litter required.
8.08.580 Construction and demolition site solid waste.
8.08.590 Transportation of loose cargo.
8.08.600 Vehicle presumption.
8.08.610 Door-to-door handouts.
8.08.620 Securing potential waste.
8.08.630 Commercial litter maintenance.
8.08.640 Distribution of merchandise.
8.08.650 Enforcement.
Article VIII. Container Enclosure Facilities
8.08.700 Purpose of article.
8.08.710 Enclosure facilities required.
Article IX. Street Sweeping Services
8.08.800 Purpose of article and findings.
8.08.810 Definitions.
8.08.820 Fees.
8.08.830 Transfer, deposit, use and accounting of fees.
Article X. Refuse Vehicle Impact Fee
8.08.900 Purpose of article and findings.
8.08.901 Fees.
8.08.902 Transfer, deposit, use and accounting of fees.
Article XI. Neighborhood Preservation Clean-Up Services
8.08.1000 Purpose of article and findings.
8.08.1010 Fees.
8.08.1020 Transfer, deposit, use and accounting of fees.
Article XII. Reduction of Organic and Recyclable Materials Deposited in Landfills
8.08.1030 Purpose of article and findings.
8.08.1040 Definitions.
8.08.1050 Requirements for single-family generators.
8.08.1060 Requirements for commercial business generators including multifamily residential dwellings.
8.08.1070 Waivers for commercial business generators.
8.08.1080 Requirements for commercial edible food generators.
8.08.1090 Requirements for food recovery organizations and services.
8.08.2000 Requirements for regulated haulers and facility operators.
8.08.2010 Requirements for self-haulers.
8.08.2020 Inspections and investigations.
8.08.2030 Enforcement.
8.08.2040 Local regulations and opt-in provisions.
Article I. Introduction and Definitions
8.08.010 Legislative policy.
The City Council does find and determine that the storage, accumulation, collection and disposal of solid waste is a matter of great public concern, in that improper control of such matters creates a public nuisance, can lead to air pollution, fire hazards, illegal dumping, insect breeding and rat infestation and other problems affecting the health, welfare and safety of the residents of this and surrounding cities.
The City Council also finds that a recyclable materials and compostable materials collection and processing program is necessary for the City to achieve the diversion goals mandated by the Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.) and that failure to comply with this mandate exposes the City and its residents to substantial fines and additional costs. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.020 Definitions.
For the purpose of this chapter, the following definitions apply:
“Affidavit” means a written statement confirmed by oath or affirmation, for use as evidence in court.
“Animal waste” means any carcass, manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic or commercial livestock such as cattle or horses, but not including household pets.
“Bin” means a detachable solid waste or recyclable materials container used in connection with commercial/industrial premises with a one- to seven-cubic-yard capacity, equipped with a lid, and designed for mechanical pickup by collection vehicles.
“Calendar year” means the year from January 1st to December 31st.
“Cart” means a wheeled plastic container with varying capacities of 20, 32, 64, or 96 gallons (or similar sizes as approved by the City Manager) equipped with a hinged lid designed for mechanical pickup by an automated or semi-automated collection vehicle.
“City” means the City of Livermore, a municipal corporation, and all the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified.
“City Council” means the mayor and City Council of the City of Livermore.
“City Manager” means the City Manager of the City of Livermore or the City Manager’s designee.
“Commercial occupant” means every tenant or person who is in possession of, or has the care and control of, a place of business.
“Commercial premises” means a place used primarily for business purposes.
“Compostable materials” means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees, food scraps and similar materials that are separated, set aside, handled, packaged or offered for collection by the waste generator in a manner different from solid waste.
“Composting” means a method of treatment in which organic scraps are biologically decomposed under controlled, aerobic or anaerobic conditions to produce a product that can be reused.
“Construction and demolition debris” means used or discarded materials (not including solid waste) removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any pavement, house, commercial building, or other structure.
“Container” means a cart, bin, debris box, or other device to contain materials.
“Curbside” means the location for placement of carts by single-family residential customers and some multifamily residential customers, which shall be on the street against the curb. (See LMC 8.08.040(E) and (F).)
“Debris box,” sometimes known as a “roll-off” or “drop” box, means a wheeled or sledded container or compactor, generally six to 50 cubic yards in size, suitable for the storage and collection of commercial or industrial solid waste or recyclable materials that is serviced by a roll-off truck.
“Designated waste” means nonhazardous waste which may pose special disposal problems because of its potential to contaminate the environment and which may be disposed of only in Class II disposal sites or Class III disposal sites pursuant to a variance issued by the California Department of Health Services pursuant to applicable landfill permits. “Designated waste” consists of those substances classified as designated waste by the state of Cali-
fornia, in California Code of Regulations Title 23, Section 2522.
“Disability” means (1) a physical or mental impairment that substantially limits one or more of the major life activities of an individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment.
“Disposal” means the final disposition of solid waste at a landfill or other facility approved by the City Manager. Disposal does not include the use of compostable materials as alternative daily cover (ADC) so long as City and state regulations consider ADC use of compostable materials as diversion.
“Disposal site” means the solid waste facility or facilities approved by the City Manager for the ultimate disposal of solid waste.
“Diversion requirement” means the diversion by reuse or recycling of a minimum of 50 percent of the total construction and demolition debris generated at a project.
“E-waste” means discarded electronic equipment including, but not limited to, televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including external hard drives, keyboards, mice, etc.), printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices.
“Fair market value” means the estimate of the market value of a commodity, based on what a knowledgeable, willing, and unpressured buyer would likely pay to a knowledgeable, willing, and unpressured seller in the market.
“Food scraps” means kitchen parings and leftovers including fruit, vegetables, cheese, meat, bones, poultry, seafood, bread, rice, pasta, etc.; coffee grounds, coffee filters and tea bags; food-soiled paper products including napkins, towels, egg cartons and uncoated plates and cups; cut flowers and herbs; other organic matter generated in the preparation or consumption of meals.
“Franchisee” means a person or business who has entered into a franchise agreement with the City Council pursuant to Article III of this chapter for the collection of solid waste, recyclable materials, and compostable materials.
“Hazardous waste” means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state of California in Health and Safety Code Sections 25110.02, 25114 and 25117 or in future amendments to or recodifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency, pursuant to the Federal Resource Conservation and Recovery Act (42 USC Section 6901 et seq.), and all future amendments thereto and all rules and regulations promulgated thereunder.
“Home composting” means the on-site recycling of compostable materials generated on residential premises.
“Household hazardous waste” means hazardous waste generated at residential premises within the City.
“Infectious waste” means 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 that are identified in Health and Safety Code Section 25117.5, or needles generated at residential sites.
“Litter” means any quantity of solid waste, recyclable materials, or compostable materials which is not placed in a container.
“Materials recovery and processing center” means a permitted solid waste facility where solid wastes, recyclable materials or compostable materials are sorted, separated, screened or otherwise processed by hand or by use of machinery for the purpose of recycling or composting.
“Multifamily” means any residential complex, other than a single-family premises, used for residential purposes, which has centralized solid waste and recyclable materials collection service for all units in the building and may be billed as one address. Some multifamily premises have cart service.
“Nonputrescible waste” means solid waste which is not subject to decomposition by microorganisms.
“Occupant” means and includes every tenant or person who is in possession of, is the inhabitant of, or has the care and control of an inhabited residence or a place of business.
“Owner” means the person holding legal title to the land or building.
“Person” means any individual, firm, association, organization, partnership, corporation, business, trust, joint venture, the United States, the state of California, the county of Alameda, and special purpose districts.
“Premises” means any land or building in the City where solid waste, recyclable materials, or compostable materials are generated or accumulated.
“Putrescible waste” means solid wastes originated from living organisms and their metabolic waste products and from petroleum, which contain naturally produced organic compounds and which are biologically decomposable by microbial and fungal action into the constituent compounds of water, carbon dioxide and other simpler organic compounds.
“Recyclable materials” means those nonhazardous residential, commercial, or industrial materials or by-products which are set aside, handled, packaged, or offered for collection in a manner different than solid waste, for the purpose of being reused or processed and then returned to the economic mainstream in the form of commodities. No discarded material shall be considered to be recyclable material unless it is completely separated from solid waste and compostable materials. Recyclable materials may include, but are not limited to, newspaper, mixed paper, glass containers, metal and aluminum cans, plastic bottles, corrugated cardboard, used motor oil, and construction and demolition debris.
“Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting recyclable materials (as defined above) and returning them to the economic mainstream in the form of raw materials for new, reused or reconstituted products. Recycling does not include transformation as defined in Public Resources Code Section 40201.
“Residential premises” means a site occupied by a building zoned for residential occupation or mixed use and residential occupation where solid waste, recyclable materials, or compostable materials are generated or accumulated.
“Residential solid waste” means solid waste originating from single-family or multifamily dwellings.
“Single-family” means each unit used for or designated as a single-family premises, including each unit of a duplex, triplex, townhouse or condominium which receives individual solid waste, recyclable materials, and/or compostable materials collection services.
“Solid waste” means all solid, semi-solid and associated liquid wastes, including garbage, trash, refuse, rubbish, ashes, industrial wastes and dewatered, treated or chemically fixed sewage sludge which is not a hazardous material. “Solid waste” does not include the following:
1. Hazardous material;
2. Infectious waste, as defined in this chapter;
3. Special waste, as defined by Title 14, California Code of Regulations, Section 18722(j)(8);
4. Recyclable materials, as defined in this chapter;
5. Compostable materials, as defined in this chapter;
6. Construction and demolition debris, as defined in this chapter, if the material is recycled;
7. Designated waste; and
8. Other material deemed unacceptable by applicable law and/or permit conditions.
“Solid waste” also means the residue from a materials recovery facility.
“Source-separated” means the segregation from solid waste, by the waste generator, of materials designated for separate collection for some form of materials recovery or special handling.
“Transfer station” includes those facilities utilized to receive solid waste, temporarily store, and transfer the solid wastes directly from smaller to larger vehicles for transport.
“Transformed” means incinerated, pyrolyzed, distilled, gasified or biologically converted other than composted.
“Waste generator” means any person, as defined by Section 40170 of the Public Resources Code, whose act or process produces solid waste as defined in Public Resources Code Section 40191, recyclable materials or compostable materials or whose act first causes solid waste to become subject to regulation. (Ord. 2151 § 3(C), 2023; Ord. 2082 § 1(D), 2019; Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1910 §§ 1, 2, 3, 2010; Ord. 1816 § 2, 2007)
Article II. General Regulations
8.08.030 Solid waste collection and disposal and recyclable materials and compostable materials collection and processing.
A. Collection and Disposal of Solid Waste. The owner or occupant of each premises is required to contract with the City’s franchisee for removal of all solid waste, recyclable materials, and compostable materials accumulated on such premises and shall pay for such removal at the rates established by Article 8 of the franchise agreement and approved by the City Council. Arrangements with the franchisee shall be made by owner or occupant for the collection of solid waste, recyclable materials, and compostable materials, and such arrangements shall specify the location of the premises, solid waste container type and sizes, and frequency of collection. In the event the owner elects to have the occupant of its premises take responsibility for contracting with the franchisee for collection service and the occupant fails to make arrangements for collection or fails to pay for collection services provided by franchisee, the responsibility to contract and pay for collection services shall become the owner’s responsibility.
It is mandatory that all residents and commercial occupants or property owners subscribe with franchisee for solid waste cart collection services, recyclable materials and compostable materials collection services.
B. Frequency of Collection. All solid waste created, produced or accumulated in or about a dwelling, house or place of human habitation in the City shall be placed in a container and removed from the premises and disposed of by the franchisee at least once a week. All solid waste created, produced or accumulated at hotels, restaurants, boardinghouses or other places of business situated in the City shall be placed in bins or debris boxes and removed from the premises at least once a week by the City’s franchisee. The Alameda County health department may require a greater number of collections per week. Each day’s violation of this section shall be treated and considered as a separate and distinct offense.
C. Exceptions. Following are the exceptions to the collection requirement under subsection A of this section or to the frequency of collection requirement under subsection B of this section, or both:
1. Frequency of Collection of Debris Box. Nonputrescible waste segregated for collection in a debris box.
2. Residential Solid Waste Collection Service. An exception to regular solid waste collection service shall be granted by the franchisee, upon request by the owner or occupant, if the owner or occupant meets one of the following criteria:
a. No food is prepared or consumed on the premises; or
b. No solid waste of any kind is being generated on the premises.
In all cases where an exception is granted, the premises must at all times be kept in a sanitary condition which does not cause a nuisance to others. The occupant must consent to on-site inspection of solid waste disposal facilities by the City Manager in order to qualify for the solid waste service exemption. If the circumstances which allowed the exception should change, the owner or occupant shall then initiate regular solid waste collection in accordance with the provisions of this section. The City Manager or franchisee may require reauthorization of such exception from time to time.
D. Collection of Recyclable Materials and Compostable Materials. All recyclable materials and compostable materials that are source-separated for collection by an occupant of residential premises in the City shall be collected from the premises at least once each week.
Nothing in this chapter shall prohibit the waste generator of recyclable materials and compostable materials from separating such materials from their solid waste and placing such material for collection in a manner which compensates the generator for the fair market value of their recyclable materials and compostable materials. In such cases, the City may require the generator to provide an affidavit demonstrating that no fees relating to the collection of said recyclable materials or compostable materials have been charged.
As stated in subsection A of this section, occupants of residential and commercial premises that receive solid waste collection service using carts shall be required to contract with and pay franchisee for collection of recyclable materials and compostable materials. The type of recyclable materials and compostable materials that waste generator may place in containers for collection by franchisee shall be specified by franchisee and waste generators shall comply with franchisee’s requirements.
E. Ownership of Materials. Upon the placement of solid waste or compostable materials in a container for collection by franchisee, said materials shall become the property of franchisee. Upon placement of recyclable materials in a container for collection by franchisee, said materials shall become the property of franchisee.
No business owner or resident shall employ another, other than the franchisee, to dispose of solid waste or to collect compostable materials. No business owner or resident shall employ another, other than the franchisee, to collect recyclable materials.
F. Illegal Disposition and Collection of Solid Waste, Recyclable Materials or Compostable Materials.
1. No person may deposit solid waste or containers upon any street, alley, gutter or parkway, or upon any lot or vacant area or other public place or way other than as provided in this chapter.
2. No person shall tamper with, modify, scavenge from or deposit solid waste, compostable materials, or recyclable materials in any solid waste, compostable materials or recyclable materials container which has not been provided for his or her use, without the permission of the occupant of the premises where the container is located.
3. Except as otherwise provided in LMC 8.08.120(H), no person shall collect the recyclable materials or compostable materials from residential premises or posted recycling centers within the City.
G. Obstruction of Franchisee Unlawful. It shall be unlawful for any person, their agents or employees to hinder, threaten, impede, or obstruct franchisee in the performance of his/her duty as defined in this chapter. (Ord. 2082 § 1(D), 2019; Ord. 2065 § 1(A), 2018; Ord. 2045 § 1(E), 2016; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1910 § 4, 2010; Ord. 1816 § 2, 2007)
8.08.040 Containers.
A. Solid Waste Containers.
1. Solid Waste Carts. Occupants of residential premises receiving individual collection services shall place solid waste in the wheeled carts provided by franchisee.
2. Bins and Debris Boxes. Occupants of commercial premises, multifamily premises that do not receive individual collection service, and any residential premises requesting temporary bin or debris box service shall place solid waste in bins and debris boxes, provided by the franchisee, that shall be:
a. Leakproof, and provided with a lid, where applicable;
b. Approved by the fire department as providing adequate protection against fire hazard;
c. Located within enclosures designed for this purpose as described in Article VIII of this chapter.
B. Recyclable Materials Containers. Occupants of residential and commercial premises shall separate recyclable materials from solid waste and compostable materials and place recyclable materials in container(s) provided by the franchisee. In the case where the occupant of the premises is not the owner, the owner is responsible to instruct the occupant in proper separation and placement of recyclable materials from solid waste and compostable materials. Franchisee shall also give owners or occupants of commercial premises contracting for collection services the choice of using a bin if quantities of recyclable materials generated warrant use of larger containers and space is available at commercial premises for one or more bins.
C. Compostable Materials Containers. Occupants of residential and commercial premises that receive compostable materials collection service from franchisee shall separate compostable materials from solid waste and recyclable materials and place compostable materials in container(s) provided by the franchisee.
D. Filling of Containers. No occupant of either residential or commercial premises shall fill any container with solid waste, compostable materials or recyclable materials above the top of the container as to permit the contents of any container to be blown or otherwise strewn about. When filled, standard containers shall not exceed 60 pounds (27 kg) in weight; 20-gallon cart containers shall not exceed 40 pounds (18 kg) in weight; and standard and 20-gallon cart containers shall not exceed 40 pounds (18 kg) in weight when used for yard trimmings.
If recyclable materials placed for curbside residential recycling collection are not collected, the person who placed the recyclable materials is entitled to receive a written explanation explaining the failure of the collector to collect the materials, whether due to improper placement of the container, contamination by nonrecyclable materials, or other reason. If the contents of the containers are not removed on the date and time scheduled by the franchisee and the container is placed properly by time of collection, not contaminated, and not overfilled, the owner or occupant should immediately notify the franchisee or the City Manager, and it shall be the duty of the franchisee to arrange for the collection of the solid waste, compostable materials or recyclable materials within 24 hours after notification.
E. Proper Placement of Containers.
1. Single-Family Cart Customers. Carts used by single-family residential premises for the purpose of reception, storage and collection of solid waste, compostable materials or recyclable materials shall be placed on the street against the curb in front of the premises occupied by the person depositing the same as directed by the franchisee, unless the owner or occupant has contracted with the franchisee for backyard or side yard service. Where no street curb exists, the cart shall be placed not more than five feet from the outside edge of the street nearest the property’s entrance.
2. Multifamily and Commercial Cart Customers. Multifamily and commercial customers using carts for collection shall place solid waste, recyclable materials and compostable materials carts as described under subsection (E)(1) of this section, unless the franchisee approves of another location.
3. Solid Waste Bin and Debris Box Customers. Multifamily and commercial premises receiving solid waste bin or debris box service shall place all bins and debris boxes and recyclable materials in an enclosure facility meeting requirements described in Article VIII of this chapter.
F. Improper Placement of Containers. If recyclable materials placed for curbside residential recycling collection are not collected, the person who placed the recyclable materials is entitled to receive a written explanation explaining the failure of the collector to collect the materials. It is the responsibility of the person who places the recyclable materials for residential recycling collection to remove the recyclable materials within 24 hours of receipt of the explanation.
In all cases of disputes or complaints concerning the place where containers shall be placed while waiting for the removal of their contents, the City Manager shall designate the placement location.
G. Protection – Fire Safety. The waste generator shall protect materials placed in containers from adverse environmental conditions by proper container lid closure or lid placement so that rain does not render the materials not disposable, recyclable, marketable and/or usable.
Each commercial/industrial business owner, owner or management of multifamily unit, or resident, as the case may be, shall maintain the containers on their premises, and the area in which they are located, in a good, usable, clean and sanitary condition, and shall ensure that the lid or cover on the container is kept fully closed, that no solid waste or recyclable materials are placed outside the container, and that containers are kept in a manner that prevents leakage, spillage and the escape of odors.
Franchisee shall provide containers that comply with current California Fire Code requirements regarding combustible materials (California Fire Code Section 1103, Combustible Materials, particularly Section 1103.2.1).
H. Timing of Placement and Removal of Containers.
1. Occupants shall not place containers at the curb for collection by franchisee at any time other than the days established by the franchisee for the collection of such solid waste, compostable materials or recyclable materials, or earlier than sunset of the day preceding the day designated by the franchisee for collection. All containers shall be removed from the place of collection prior to 12:00 midnight of the day the containers have been emptied and stored in a location screened from public view.
2. Occupants of multifamily and commercial premises receiving bin solid waste collection services shall leave all containers in enclosure facilities for collection by the franchisee meeting requirements described in Article VIII of this chapter.
I. Supervision and Cleaning of Containers. Each occupant of residential and commercial premises shall maintain supervision over containers on their premises. Franchisee shall maintain bins and debris boxes in a clean, sanitary condition. Occupants provided with carts for collection shall maintain carts in a clean, sanitary condition.
J. Unauthorized Tampering with Containers. No person other than the waste generator or any waste generator employee, City Manager, or franchisee of the City shall move, remove or interfere with any container or its contents.
K. Collection of Excess Materials. If the volume of solid waste, recyclable materials or compostable materials, either from residential, multifamily, or commercial premises, is too large to be placed in the issued container(s), the owner or occupant of the premises shall pay an extra fee to have overages collected by franchisee. The fee shall be established by Article 8 of the franchise agreement and approved by the City Council. Such material shall be carefully placed beside the container in securely tied bags or bundles not in excess of six feet in length and weighing not more than 30 pounds.
L. Persons in Containers. No person shall enter into or be inside of a solid waste, recyclable materials or compostable materials container.
M. Pickup and Tagging – Exceptions. If the contents of the containers are not removed on the date and time scheduled by the franchisee, owner or occupant should immediately notify the franchisee or the City Manager, and it shall be the duty of the franchisee to arrange for the collection of the solid waste, compostable materials or recyclable materials within 24 hours after notification. Notwithstanding the fact that the franchisee is obligated to remove trash from residential, multifamily and commercial premises on a weekly basis, the owner or occupant is obligated to abide by the requirements for appropriate placement and filling of trash carts, and can be required to pay an extra fee to the franchisee to remedy any violations of those requirements. (Ord. 2082 § 1(D), 2019; Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.060 Duration of storage.
No person may store or accumulate any solid waste in a container or at a location other than as set forth in this chapter, or for any length of time other than as follows:
A. Residential Premises. At least once per week, the franchisee shall collect and dispose of solid waste generated at residential premises within the City; provided, that waste generators have properly placed and properly filled the container for the solid waste at an appropriate location for collection.
B. Multifamily Residences and Commercial and Industrial Premises. At least once per week, the franchisee shall collect and dispose of all solid waste generated at multifamily and commercial premises within the City; provided, that waste generators have properly placed and properly filled the container with solid waste at an appropriate location for collection. If such waste is putrescible and placed in a debris box for collection, franchisee shall collect such material not less than once per week. If such waste is nonputrescible and placed in a container or bin for collection, franchisee shall schedule collection at a frequency acceptable to the waste generator.
C. Storage Prohibited. Other than as set forth in this chapter, it is unlawful for any person to dump, bury or otherwise dispose of or store or accumulate any solid waste on any private or public property within the City; provided, however, that residential waste generators may use leaves, grass clippings, food waste, and the like for the purpose of home composting or mulching. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.070 Disposal.
The franchisee disposing of solid waste shall dispose of solid wastes at a disposal site or processing facility in accordance with the terms and conditions of its franchise agreement with the City and in accordance with all federal, state and local laws and regulations. A waste generator disposing of its own solid wastes, which were generated by such waste generator, shall dispose solid wastes at a disposal site or processing facility in accordance with all federal, state and local laws and regulations. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.080 Special collection and disposal provisions.
A. Infectious Waste. The removal of infectious waste from homes, hospitals or other places where highly infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the Alameda County health officer, and such infectious waste shall not be placed with solid waste for regular collection and disposal by franchisee.
B. Flammable/Hazardous Waste.
1. Highly flammable, explosive/radioactive or other hazardous waste shall not be placed in containers for regular collection and disposal by franchisee, but shall be removed by separate agreement(s), at the owner’s or occupant’s expense, in accordance with all federal, state and local laws and regulations, with a company properly licensed and permitted for the collection, processing and disposal of flammable, explosive/radioactive or other hazardous waste.
2. If the franchisee determines that waste placed for collection or disposal is hazardous waste or infectious waste or other waste that may not legally be disposed of at the disposal site or presents a hazard to franchisee’s employees, the franchisee shall have the right to refuse to accept such waste.
3. If the franchisee cannot locate the hazardous waste generator immediately upon discovering hazardous waste in materials placed for collection, the franchisee shall, prior to leaving the premises, leave a tag at least two inches by six inches listing the phone number for the Alameda County household hazardous waste program, and indicating the reason for refusing to collect the material.
4. If the franchisee collects and delivers hazardous waste to a disposal site before its presence is detected, the waste generator will be instructed to remove the hazardous material. If it is not removed, the waste generator will be charged for its disposal.
C. Animal Waste. Animal waste shall not be placed in containers for regular collection and disposal, but shall be removed and disposed or processed by waste generator or under a separate agreement between waste generator and a company properly licensed, at the owner’s or occupant’s expense, in accordance with all federal, state and local laws and regulations.
D. Ashes. All ashes, when placed for collection, shall be cold and free from any fire, live coals or other substances which might ignite.
E. Contaminated Recycling and/or Compostable Materials. The franchisee shall not be required to collect and dispose of recyclable or compostable materials that are contaminated with solid waste or other material to such a degree that, if commingled with other recyclable or compostable materials, would require all or part of the total commingled recyclable or compostable materials collected to be disposed. The franchisee shall notify owners or occupants of violations as described in the franchisee agreement with the City. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.090 Restrictions on burying or burning waste.
A. Burning Waste. No solid waste, hazardous waste, infectious waste or any other type of deleterious or offensive substances shall be burned within the City except in incinerators of a type approved in writing by the fire chief to burn such wastes.
B. Burying. No person shall dump, place or bury any solid waste, hazardous waste, infectious waste, or any other deleterious or offensive substances. This subsection shall not apply to any privately owned parcel where a specific waiver of this subsection is granted by resolution of the City Council due to unusual or extraordinary conditions.
C. Dumping. No person may dump or spread solid waste, recyclable materials, compostable materials, hazardous waste, infectious waste or any other type of deleterious or offensive substances on the surface of the ground for drying, except for compostable materials used for the purpose of home composting. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.095 No unauthorized containers.
A. No Unauthorized Containers. Except as expressly authorized by this chapter and for materials listed under LMC 8.08.120, no person other than the franchisee may place a container within the City for the collection of solid waste or compostable materials. Additionally, no person other than the franchisee may place a container within the City for the collection of recyclable materials from the generator for monetary or in kind compensation. In such cases, the City may require the generator to provide an affidavit demonstrating that no fees relating to the collection of said recyclable materials or compostable materials have been charged.
B. Violation – Notice – Remedies. The City shall notify, in writing, any person who violates this section that the prompt and permanent removal of the container from the premises is required. The City shall deliver the notice by posting a copy of the notice prominently on the container. The notice shall state the time within which the container must be removed, which time shall be not less than 24 hours after posting of the notice, or not less than six business hours after telephonic notification, if any. For purposes of this section, “business hours” means the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday. If the container is identified with the name and telephone number of the solid waste or recycling enterprise servicing it, as is required by LMC 8.08.210(C) and 8.08.300(C), the City shall also endeavor to contact the enterprise by telephone. Failure to notify the owner telephonically shall not invalidate the notice.
The City may impound or cause to be impounded any such container if it is not permanently removed from the premises within the time set forth in the notice.
A person who violates this section is liable to the City for all fines and charges levied in connection with the collection, transportation, storage and handling of the container by the City. The container’s owner or his or her representative shall retrieve the container immediately after all applicable fines and charges have been paid. The City Manager may delegate to the franchisee the authority to impound unauthorized containers and to collect the fines and charges levied by the City.
C. Cessation of Use. Once the City posts a written notice of violation on the unauthorized container, the customer using the unauthorized container shall immediately cease placing solid waste or recyclable materials in it. (Ord. 2082 § 1(D), 2019; Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
Article III. Franchise Agreements
8.08.100 City Council to issue franchise.
The City Council may from time to time enter into franchise agreements for the collection of solid waste, compostable materials and recyclable materials from residential and commercial premises. All franchise agreements may be entered into without competitive bidding. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.110 Collection by franchisee.
Collection and removal of solid waste, compostable materials and recyclable materials by the franchisee shall be made in accordance with the terms and conditions of this chapter and the agreement between the City and the franchisee. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.120 Unlawful collection.
Except as expressly provided in this section, it is unlawful for any person to collect or transport solid waste or compostable materials within the City unless such person is a franchisee. Additionally, it is unlawful for any person to collect or transport recyclable materials within the City unless such person is a franchisee, or the material collected is exempt under this section. If recyclable materials are hauled, the City may require the generator to provide an affidavit demonstrating that no additional fees relating to the collection of recyclable materials have been charged.
It is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection or transportation of solid waste with any person who is not the franchisee, except as the solid waste collected is exempted under this section.
The following types of solid waste, recyclable materials and compostable materials are exempted under this section:
A. Compostable materials removed from a premises by a gardening, landscaping or tree trimming contractor as an incidental part of a total service offered by that contractor rather than as a transportation service and for no additional or separate fee;
B. Tree trimmings, clippings and all similar materials generated at parks and other city-maintained premises, which may be collected and transported by the City to the disposal site or processing facility;
C. Hazardous or dangerous materials; liquid and dry caustics; acids; biohazardous, flammable and explosive materials; insecticides; and similar substances;
D. Infectious medical waste (as defined in California Health and Safety Code Section 25117.5);
E. Byproducts of sewage treatment, including sludge, grit and screenings;
F. Animal waste and remains from slaughterhouses or butcher shops for use as tallow;
G. Recyclable materials and compostable materials which are source-separated at any premises by the waste generator and donated to youth, civic, or charitable organizations;
H. Source-separated recyclable materials which are delivered by a person who is recycling under the California Beverage Containers Recycling Litter Reduction Act (Public Resources Code Section 14500 et seq.);
I. Source-separated recyclable materials or compostable materials that are donated by the generator or where the generator is paid fair market value for the recyclable materials or compostable materials. In such cases, the City may require the generator to provide affidavit demonstrating that no additional fees relating to the collection of said recyclable materials or compostable materials have been charged;
J. Solid waste, recyclable materials, compostable materials and construction and demolition debris which are removed from any premises by the waste generator, using their own vehicles and which are transported personally by the owner or occupant of such premises, or by his or her employees;
K. Construction and demolition debris hauled by the property or business owner using their own vehicles and their own employees;
L. A licensed contractor removing items for reuse or recycling which is incidental to work performed at a project construction site and as defined under diversion requirements if the contractor (1) uses his or her own employees and vehicles for this purpose, and (2) maintains no bins or boxes at the site which are detachable from the vehicle;
M. Recyclable materials donated to an individual or business or where the individual or business pays the generator fair market value for the collection of source-separated recyclable materials. In such cases, the City may require the generator and if applicable, the individual or business to provide affidavit demonstrating that no additional fees relating to the collection of said recyclable materials or compostable materials have been charged; and
N. Materials generated by public schools. (Ord. 2082 § 1(D), 2019; Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1910 § 5, 2010; Ord. 1816 § 2, 2007)
8.08.130 Charges for service.
From time to time, the City Council shall establish by resolution rates that franchisees may charge owners or occupants for the collection, processing and/or disposal of solid waste, compostable materials and recyclable materials. Prior to adopting the resolution establishing the rate, the City Council shall hold a public hearing.
In addition to the rates established for franchisees, the City may establish rates for street sweeping services, fees for refuse vehicle impacts, and rates for neighborhood preservation clean-up services and may incorporate such rates into the charges for service, in conformance with Article IX (Street Sweeping Services), Article X (Refuse Vehicle Impact Fee), and Article XI (Neighborhood Preservation Clean-Up Services) of this chapter. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1827 § 3, 2007; Ord. 1818 § 2, 2007; Ord. 1816 § 2, 2007)
8.08.140 Billings and penalties.
Each owner or occupant of the City receiving collection services from franchisee shall be billed by the franchisee periodically in accordance with the rates established by Article 8 of the franchise agreement and approved by the City Council. If an owner or occupant fails, refuses or neglects to pay the bill, then a penalty may be added to the bill and the sum, together with any costs incurred by the franchisee, may be recovered by the franchisee as provided by law, including Government Code Section 54348. If an occupant fails to pay the bill, the owner shall be responsible for the payment. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.150 Payment under protest.
Any owner or occupant who has been billed for services by a franchisee and desires to contest the extent or degree or reasonableness of the amount billed must first make payment of the charges due under protest and then file an appeal in accordance with the provisions of Chapter 1.22 LMC. (Ord. 2052 § 1(N), 2017; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.160 Failure to pay.
If there is no payment of a bill after 60 days or more:
A. The franchisee shall undertake collection of the bill (including penalties and expenses of collection) for a period of one year from the invoice date. Franchisee shall make reasonable efforts to obtain payment through issuance of late payment notices, telephone requests for payment, and assistance from collection agencies (who shall make at least two attempts at collection). If franchisee’s collection efforts for a one-year period fail, and franchisee can demonstrate to the City that it attempted on at least five occasions to solicit moneys due from each delinquent account, then:
B. The franchisee may assign its rights to collection (including penalties and expenses of collection) to the City. The City shall then initiate any collection procedures authorized by law, including those special assessment procedures authorized by Government Code Sections 38790.1 and 25831. If the City collects the delinquent amount, it shall pay the collected moneys to franchisee after deducting City’s administrative costs and costs of collection. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1971 § 1(I), 2012; Ord. 1816 § 2, 2007)
Article IV. Recyclable Materials Permit System
(Repealed by Ord. 2082)
Article V. Franchisee’s Obligations
8.08.300 Properties, facilities, equipment, etc.
A. General.
1. Franchisee shall maintain all of its properties, facilities and equipment used in providing service under this chapter in a safe, neat, clean and operable condition at all times.
2. All collection operations shall be conducted as quietly as possible and shall conform to applicable federal, state, county and City noise level regulations.
B. Hours for Collection. The collection of solid waste, compostable materials and recyclable materials from commercial premises that are 100 feet or less from the point of collection (e.g., the location of the bin) to a residential structure shall not occur before 6:00 a.m. or after 6:00 p.m., except as provided for in LMC 8.19.020(A)(14). The collection of solid waste, compostable materials and recyclable materials as measured from the location of the bin on commercial premises to the adjacent structure that is greater than 100 feet from the point of collection to any point of a residential structure shall not occur before 4:00 a.m. or after 6:00 p.m.
C. Specifications and Restrictions on Collection Vehicles and Containers. All vehicles and containers used for solid waste, compostable materials or recyclable materials collection within the City shall comply with the following:
1. All collection trucks or vehicles shall be completely enclosed with a nonabsorbent cover while transporting solid waste, compostable materials or recyclable materials in or through the City. “Completely enclosed with a rigid, nonabsorbent cover” means that solid waste, compostable materials or recyclable materials shall not be visible from the street nor shall any substances be permitted to leak, spill or become deposited along the public streets.
2. All collection vehicles and containers shall be identified by franchisee’s name, local telephone number and unique vehicle identification number displayed in a prominent location, in numbers and letters no less than six inches high. The City’s logo shall not be shown on the vehicles or debris boxes. The equipment used shall be kept clean and in good repair at all times.
3. All collection vehicles and containers shall comply with all federal, state and local laws, permits, licenses and regulations.
D. Use of Vehicles. Any person operating a privately owned solid waste, compostable materials or recyclable materials vehicle under provisions of this chapter shall do so in accordance with all federal, state and local laws, permits and regulations and shall also abide by the following:
1. No person shall leave trucks loaded with solid waste, compostable materials or recyclable materials parked on city streets for more than a four-hour period.
2. Franchisee shall ensure that each vehicle carries, in a readily accessible location, the vehicle registration, certificate of insurance card and an identification card with the name of whom to telephone in case of an accident. Each vehicle shall also be equipped with a five-pound fire extinguisher certified by the California State Fire Marshal.
3. Franchisee shall inspect each vehicle daily to ensure that all equipment is operating properly. (See LMC 8.08.230(F).) Vehicles which are not operating properly shall not be used to provide service until they are repaired and do operate properly.
4. Franchisee shall perform all scheduled maintenance functions for equipment in accordance with the manufacturer’s specifications and schedule.
5. Franchisee shall keep accurate records of all vehicle inspections and maintenance activities, recorded according to date and mileage, and shall make such records available to the City Manager upon request.
6. Franchisee shall furnish the City Manager a written inventory of all vehicles, including collection vehicles, used in providing service and shall update the inventory annually. For each vehicle, the inventory shall list the vehicle manufacturer, vehicle identification number, date of acquisition, type, capacity and decibel rating.
E. Maintenance of Containers. Franchisee shall be responsible for repair and maintenance of all its containers so that such containers are functional. The containers shall not leak or have ill-fitting tops. Franchisee shall be responsible for periodically cleaning its containers, except its carts, so that such containers are sanitary and have a clean
and neat appearance. Waste generators using carts shall be responsible for cleaning their carts so that such carts are sanitary and have a clean and neat appearance.
F. Franchisee Employees. Franchisee shall employ only competent, qualified, licensed, sober and drug-free personnel who serve the public in a courteous, helpful and impartial manner.
1. Nondiscrimination. Franchisee shall hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other nonmerit factor.
2. Licenses. Any employee driving the franchisee’s vehicles shall, at all times, have in his or her possession a valid and appropriate vehicle operator’s license issued by the state of California.
3. Training. Franchisee shall provide suitable operational and safety training for all of its employees who utilize or operate vehicles or equipment. Franchisee shall train its employees involved in solid waste, compostable materials or recyclable materials collection to identify and not collect hazardous waste or infectious waste. A copy of the training record, including student roster, shall be provided to the City upon request.
4. Supervision. Franchisee shall designate one qualified employee as supervisor of field operations within the City. The field supervisor will devote his or her time in the field checking on collection operations, and responding to complaints.
G. Inquiries and Complaints.
1. Office Location. Franchisee shall provide an office in such a reasonable location as the City Manager approves.
2. Telephone Service. Franchisee shall maintain a toll-free telephone service number for use by persons within the City. Telephones shall be attended by competent persons from 7:00 a.m. to 5:00 p.m. on regular workdays. A message machine shall be available for persons to leave a message during nonbusiness hours.
3. Prompt Response. Franchisee shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all complaints. Franchisee shall respond to all complaints from persons within 24 hours of receipt of such complaint, weekends and holidays excluded. (Ord. 2065 § 1(A), 2018; Ord. 2030 § 1, 2015; Ord. 2016 § 1(F), 2015; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.310 Records.
A. Required Records. Franchisee shall provide full, complete and accurate records listed below that shall be subject to review and reproduction by the City Manager.
1. Franchisee shall provide reports as required in the franchise agreement.
2. Franchisee shall record on a daily basis the quantities of solid waste, compostable materials and recyclable materials collected. Franchisee shall cooperate with the City Manager in the performance of waste composition studies.
3. Other records shall be maintained pursuant to this section as may be necessary to assist the City in meeting its obligations under the Integrated Waste Management Act of 1989.
B. Retention of Records. Franchisee shall keep and preserve all required records for the duration of the contract or permit and for five years after termination of the contract or permit. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.320 Inspection of records.
The City Manager or his or her designee shall have the right to inspect, review, and reproduce the specific documents or records required pursuant to this chapter, or any other similar records or reports of franchisee that it shall deem, at its sole discretion, necessary to evaluate annual reports, and franchisee’s performance provided for in this chapter. The records shall be made available for unannounced, on-site inspection during regular business hours. In the event the person responsible for such records is not on the premises, arrangements will be made for an inspection within 24 hours of notice. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
Article VI. General Provisions
8.08.400 General rules and regulations.
The City shall have the authority to amend this chapter, make other reasonable rules and regulations concerning individual collection, processing and disposal of solid waste, compostable materials and recyclable materials, or relating to the operation of a transfer facility, as shall be found necessary. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.410 ADA compliance.
With regards to all requirements of this chapter, the franchisee shall make reasonable accommodations with regards to container and collection requirements (e.g., with regards to the container size and type, placement of containers for collection, etc.) for any individual with a disability in compliance with the Americans with Disabilities Act at no additional cost to the customer. (Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.420 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have passed this chapter and each section, subsection, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.430 Cooperation with city-initiated studies.
Franchisee shall cooperate with the City Manager or its agent in performance of city-initiated studies of solid waste, recyclable materials, and compostable materials such as but not limited to waste characterization and composition studies. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
Article VII. Litter
8.08.500 Depositing litter prohibited.
It is unlawful for any person to generate litter or to throw, discard, place or deposit solid waste, recyclable materials, or compostable materials in any manner or any amount on any public or private property within the City, except in approved containers or in lawfully established dumping grounds. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.510 Throwing litter from a vehicle prohibited.
It is unlawful for any person, whether driver or passenger, in a vehicle to throw or deposit litter in any manner or amount upon any street or other public or private property within the City. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.520 Sweeping litter into streets prohibited.
It is unlawful for any person to sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (See LMC 13.45.070.) (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.530 Depositing household or commercial waste in public litter receptacles prohibited.
No person shall deposit or cause to be deposited in a public litter can any solid waste or other material which may be generated from a personal household or a business. (Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.540 Depositing solid waste in city facility solid waste containers.
No person shall deposit or cause to be deposited on a city property or in any city solid waste receptacle or debris box any solid waste or other material which may be generated from a personal household or a business. (Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.550 Depositing solid waste in sewer or storm system.
A. Depositing of Solid Waste in Sewer Directly. No person shall empty, throw or deposit in any storm drain, storm or sanitary sewer manhole, or sanitary sewer cleanout any solid waste, hazardous waste, infectious waste, recyclable materials, or compostable materials.
B. Kitchen Waste. Kitchen waste may be deposited into the sewer systems through a mechanically operated disposal device under the following conditions:
1. The disposal device must be attached to the sewer in accordance with the plumbing code of the City and installed correctly.
2. The device must be capable of grinding the waste simultaneously with a flow of water of not less than two gallons per minute, or in such additional quantity as is necessary to cause the ground waste to flow readily through the sewer system. The waste shall be ground to the point where it is capable of meeting the following requirements:
a. At least 40 percent shall pass a No. 8 sieve;
b. At least 65 percent shall pass a No. 3 sieve;
c. One hundred percent shall pass a one-half-inch sieve; and
d. Sieves shall be U.S. Standard.
3. The use of garbage grinders for the purpose of preparing waste for deposit into the sewer system shall be limited to:
a. Residential premises;
b. Supermarkets, restaurants, hotels and establishments where food or drink is prepared and consumed on the premises. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.560 Dumping ground for solid waste or other materials.
No person shall permit any land owned, leased, occupied or controlled by him/her in the City to be used as a dumping ground for solid waste or other material of any kind whatsoever, and no person shall deposit any solid waste or other material upon any land in the City. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.570 Removal of litter required.
A. Procedures. The accumulation of litter on private property is declared to be a public nuisance. If the owner or occupant in control of any premises in the City fails to remove all litter which is located on the property after due warning or citation, the City Manager shall issue a notice to the owner to remove the litter. The notice shall contain a description of the property and state that, if the litter condition is not corrected within 10 days, the property will be cleaned by the City and the owner will be billed for the cleanup cost. Any city employee or contracting agent is expressly authorized to enter upon private property to remove accumulated litter. It is unlawful for any person to interfere, hinder or refuse to allow such employee or agent to enter upon private property for such purpose and to remove litter in accordance with the provisions of this article. Any person owning, occupying, renting, managing, leasing or controlling real property in the City shall have the right to remove litter or have the same removed at his/her own expense any time prior to the arrival of the City for such purpose.
B. Assessment of Costs.
1. The City Manager shall keep an account of the cost to the City to remove the litter as provided for each separate lot or parcel of land, and shall place such account in a report and assessment list to be sent to the City Council. The report shall identify each separate lot or parcel of land, and shall state the cost proposed to be assessed against it. The report shall be filed with the city clerk. The city clerk shall mail a notice to each name on the assessment list. The notice shall contain the following:
a. The cost of the litter removal;
b. The place and time of the City Council hearing to consider and confirm the assessment report and list;
c. That failure to make any objection to the report and list shall be deemed a waiver; and
d. That, upon confirmation by the City Council, the amount of the assessment shall be payable.
2. The assessments shall be confirmed by resolution of the City Council, and the amount shall constitute a lien on the property assessed until paid. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.580 Construction and demolition site solid waste.
It shall be the duty of the owner, agent or contractor in charge of any construction or demolition site to have adequate containers on the site for the disposal of solid waste to prevent litter generation. Owner, agent or contractor shall make appropriate arrangements for the collection of solid waste by franchisee or for transportation of such material to an authorized facility for final disposition pursuant to LMC 8.08.030(A). (Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.590 Transportation of loose cargo.
It is unlawful for any person to transport solid waste, compostable materials, recyclable materials, construction and demolition debris or any other loose cargo by truck or other motor vehicle within the City unless such cargo is covered and secured in such manner as to prevent depositing of litter on public and private property. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.600 Vehicle presumption.
In those cases of littering from vehicles where the violators cannot be apprehended immediately, a rebuttable presumption shall be applied that the registered owner of the vehicle committed the violation. (Ord. 1978 § 1 (Exh. A), 2013; Ord. 1910 § 8, 2010; Ord. 1816 § 2, 2007. Formerly 8.08.610)
8.08.610 Door-to-door handouts.
Persons distributing literature door-to-door shall not deposit it on public property and shall distribute it in such a way that it is not blown from the place of distribution. (Ord. 1978 § 1 (Exh. A), 2013; Ord. 1910 § 8, 2010; Ord. 1816 § 2, 2007. Formerly 8.08.620)
8.08.620 Securing potential waste.
All receptacles, containers, storage areas, and vehicles containing solid waste, recyclable materials, or compostable materials shall be sufficiently covered or otherwise secured to prevent such material from escaping. (Ord. 1978 § 1 (Exh. A), 2013; Ord. 1910 § 8, 2010; Ord. 1816 § 2, 2007. Formerly 8.08.630)
8.08.630 Commercial litter maintenance.
Persons in possession or control of commercial premises shall keep those exterior portions of the premises which are accessible or viewable by the public, including but not limited to areas used for parking, doorways, and alleys, and the area between the face of the curb line abutting the properties and the nearest building thereon, free of all waste matter. (Ord. 1978 § 1 (Exh. A), 2013; Ord. 1910 § 8, 2010; Ord. 1816 § 2, 2007. Formerly 8.08.640)
8.08.640 Distribution of merchandise.
Persons distributing merchandise of any kind, including food and beverages, shall provide adequate disposal and recyclable materials containers, and frequent enough removal of their contents, to enable patrons to deposit all waste material generated by the merchandise into the containers. (Ord. 1978 § 1 (Exh. A), 2013; Ord. 1910 § 8, 2010; Ord. 1816 § 2, 2007. Formerly 8.08.650)
8.08.650 Enforcement.
This chapter may be enforced by the police department, the fire department, employees of the public works department and the community development department, as authorized by the City Manager. (Ord. 2065 § 1(A), 2018; Ord. 2045 § 1(F), 2016; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1910 § 8, 2010; Ord. 1816 § 2, 2007. Formerly 8.08.660)
Article VIII. Container Enclosure Facilities
8.08.700 Purpose of article.
Public Resources Code Section 42900 et seq. establishes the following:
A. By September 1, 1994, a local agency must adopt an ordinance for collecting and loading recyclable materials in development projects or adopt the state model ordinance.
B. The local agency shall enforce the local ordinance or state model ordinance.
C. Cities and counties must divert 50 percent of all solid waste by January 1, 2000, through source reduction, recycling and composting activities. Diverting 50 percent of all solid waste requires the participation of the residential, commercial, industrial and public sectors.
D. The lack of adequate areas for collecting and loading recyclable materials compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling and composting activities. This article is intended to help meet these needs.
E. As well, this article establishes the requirements for providing solid waste, recyclable materials and compostable materials enclosure areas. It is intended that such areas be provided in order to obtain the consolidation of solid waste, recyclable materials and compostable materials for disposal or processing in a manner that will ensure the public health, safety and welfare. (Ord. 1978 § 1 (Exh. A), 2013; Ord. 1816 § 2, 2007)
8.08.710 Enclosure facilities required.
The owner or occupant of land or buildings used for any purpose shall provide and maintain the enclosure facilities as required by LDC 6.03.130. (Ord. 1978 § 1 (Exh. A), 2013; Ord. 1901 § 3 (Exh. A § 15), 2010; Ord. 1816 § 2, 2007)
Article IX. Street Sweeping Services
8.08.800 Purpose of article and findings.
The City Council hereby finds and declares as follows:
A. It is the policy of the City that the accumulation of debris in the streets in the City of Livermore be handled in a safe, sanitary, routine and efficient manner so as to maximize the reduction of material that might otherwise enter the storm drain system and contaminate area creeks, and maintain the good condition, cleanliness and safety of city rights-of-way, medians and other public areas.
B. Street sweeping is a core governmental service necessary for the public health, sanitation, safety and welfare of all the residents of the City of Livermore. It supplements solid waste collection by the franchisee.
C. The City currently has approximately 9,100 residential and commercial curb miles.
D. The Alameda Countywide Clean Water Program’s Stormwater Quality Management Plan (SWMP) is the basis of the National Pollutant Discharge Elimination System (NPDES) stormwater permit issued by the Regional Water Quality Control Board. The SWMP, in conjunction with the NPDES permit adopted by the Regional Water Quality Control Board, meets the requirements of the Federal Clean Water Act for stormwater discharges to reduce pollutants to the maximum extent possible. The SWMP contains a number of performance standards including the requirement for a fixed street sweeping schedule, leaf removal and routine maintenance activities to maximize reduction of pollutants.
E. It is the City’s intention that street sweeping services be financed by a combination of moneys collected through the solid waste collection fees and Alameda Countywide Clean Water Program. The purpose of this article is to authorize the collection of some component through the solid waste collection fees.
F. The fee for street sweeping services is based on the cost of operation, maintenance, and short- and long-term capital expenditures and apportioned for the number of miles swept. It does not exceed the estimated reasonable cost of the service.
G. This article is categorically exempt under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15301. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1827 § 1, 2007)
8.08.810 Definitions.
In this article:
“Street” includes all streets with or without medians, avenues, lanes, alleys, courts, parking lots, paths or other public ways in the City which have been or may hereafter be designated and open to public use (LMC 12.08.010(D)).
“Street sweeping services” includes the activity of street sweeping, in residential and commercial areas of the City, the operation and maintenance of street sweeping equipment, and the purchase of new street sweeping equipment as needed. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1827 § 1, 2007)
8.08.820 Fees.
A. Amount of Fee. The City Council may from time to time establish fees for street sweeping services. The amount of the fee shall be established by resolution of the City Council following a noticed public hearing. The fee may be combined with the fees for solid waste collection services.
B. Character of Fee. The City Council has determined that the fee is related to the cost of the service provided and shall not exceed the estimated reasonable costs of the service. This fee is not imposed as an incident of property ownership within the meaning of Proposition 218 California Constitution Article XIIID, Section 6.
C. Collection. Each owner and occupant of the City receiving waste collection services from the franchisee shall be billed by the franchisee a fee for street sweeping services in accordance with the rates established by the City Council. The fee shall be collected by the franchisee as part of the solid waste collection fee, in conformance with LMC 8.08.130. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1827 § 1, 2007)
8.08.830 Transfer, deposit, use and accounting of fees.
A. Transfer. The franchisee shall convey the street sweeping services fee to the City in accordance with the terms of the franchise agreement. (See Franchise Agreement, Section 7.4.)
B. Deposit. When conveyed to the City, the fees shall be kept in a separate line item account together with any interest earned.
C. Use of Fee. The fees shall be used only to defray the cost of street sweeping services, as defined in LMC 8.08.810, including operations, maintenance, and short- and long-term capital expenditures. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1827 § 1, 2007)
Article X. Refuse Vehicle Impact Fee
8.08.900 Purpose of article and findings.
The City Council hereby finds and declares as follows:
A. Traffic associated with solid waste, recycling and yard waste collection vehicles (refuse vehicles) places a significant burden on city streets and is a significant cause of street damage; and
B. The City Council finds that unless certain actions are taken, pavement damage related to refuse vehicles will result in adverse impacts including accelerated deterioration of pavement conditions on city streets, reduced ride quality, increased vehicle repairs, increased energy consumption, and disruption to traffic flow. Implementation of the refuse vehicle impact fee will prevent these undesirable consequences, allowing the City to maintain the streets and roads in a good condition and avoid the deterioration of pavement to the point where extensive rehabilitation or reconstruction becomes necessary at a higher cost; and
C. The City Council also finds that, in the absence of this chapter imposing a refuse vehicle impact fee, existing and future sources of revenue will be inadequate to fund a substantial portion of pavement repair for the City’s streets and roads necessary to avoid unacceptable pavement condition indexes in the City created by refuse vehicle impacts; and
D. Accordingly, it is the intent of the City Council to adopt by this chapter a fair and equitable method of securing some of the funds necessary to repair the damage caused to city streets and roads as a result of refuse vehicles to preserve acceptable pavement conditions throughout the City; and
E. The City commissioned an independent study that determined the annual street repair costs attributable to damage caused by refuse vehicles is approximately $838,000 annually; and
F. The City Council has considered that independent study analyzing the cost to repair street damage caused by refuse vehicles; and
G. The City Council has determined that the cost incurred by the City for such street repair resulting from refuse vehicles should be defrayed by the imposition of fees charged by the City’s franchised solid waste services provider to cover at least a portion of those costs; and
H. The City Council has determined that the following fees will cover a portion of the costs to the City for its street repair costs resulting from refuse vehicles; and
I. The City Council is aware of and understands the preemption issue presented by California Vehicle Code Section 9400.8; and
J. The fee imposed by this chapter is distinguishable from the fee found to be preempted by “County Sanitation District No. 2 v. the County of Kern” in that the refuse vehicle impact fee is based on reasonable costs of repairing and restoring streets to previous levels whereas the county of Kern imposed its fee pro rata based on the number of tons hauled in the county; and
K. The refuse vehicle impact fee is a regulatory fee imposed for the general welfare of the City and as an exercise of the City’s police power pursuant to Article XI, Section 7 of the California Constitution; and
L. The City does not grant privileges for using city streets. City streets are open to all members of the driving public generally; and
M. Refuse vehicles have the same right as any other vehicle to drive over city streets; and
N. This chapter may not be enforced by an injunction which prevents a construction vehicle from driving over city streets until payment of the fee is made; and
O. The proposed refuse vehicle impact fee has been noticed consistent with California Government Code Section 66018 and a hearing was held on the matter on June 25, 2007. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1818 § 1, 2007)
8.08.901 Fees.
A. An annual refuse vehicle impact fee of $838,000 shall be assessed to the City’s franchised solid waste collection services provider and remitted to the City on a monthly basis. The fee may be amended from time to time by resolution of the City Council.
B. Character of Fee. The City Council has determined that the fee is related to the cost of repairs provided and shall not exceed the estimated reasonable costs of the repair. This fee is not imposed as an incident of property ownership within the meaning of Proposition 218, California Constitution, Article XIIID, Section 6.
C. Collection. Each owner and occupant of the City receiving waste collection services from the franchisee shall be billed by the franchisee a fee for refuse vehicle impact in accordance with the rates established by the City Council. The fee shall be collected by the franchisee as part of the solid waste collection fee, in conformance with LMC 8.08.130. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1818 § 1, 2007)
8.08.902 Transfer, deposit, use and accounting of fees.
A. Transfer. The franchisee shall convey the refuse vehicle impact fee to the City in accordance with the franchise agreement on a monthly basis.
B. Deposit. When conveyed to the City, the fees shall be kept in a separate line item account together with any interest earned.
C. Use of Fee. The fees shall be used only to defray the costs of street repair associated with refuse vehicular impact. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1818 § 1, 2007)
Article XI. Neighborhood Preservation Clean-Up Services
8.08.1000 Purpose of article and findings.
The City Council hereby finds and declares as follows:
A. At the direction of the City Council, a comprehensive neighborhood preservation program was established in 2002; and
B. The creation of a neighborhood clean-up program has improved the appearance and the quality of life in targeted areas through an innovative collaboration between the City, other agencies and affected residents; and
C. City staff has worked with the franchise solid waste hauler for the provision of dumpsters and other resources to assist residents with neighborhood improvement and clean-up efforts; and
D. There is a direct relationship between solid waste issues and the demand for neighborhood preservation clean-up services. During the years of 2004, 2005 and 2006, the City’s neighborhood preservation division responded to 2,729 complaints directly related to solid waste, which represents approximately 25 percent of the total number of neighborhood preservation investigations; and
E. Typical types of complaints that would be addressed by the neighborhood preservation clean-up services program include illegal dumping, overflowing waste receptors, improper storage or placement of waste containers, accumulation of solid waste on private property but stored in public view, and failure to set up an account for the collection and disposal of solid waste as required by LMC 8.08.030. Left unaddressed, solid waste complaints adversely affect the quality of life for residents and detract from the appearance of the community as a whole; and
F. An effective neighborhood preservation program improves the quality of life for city residents, reduces blight and can potentially increase property values; and
G. It is the City’s intention that the neighborhood preservation clean-up services program be financed by a combination of moneys collected through the solid waste collection fees and citation revenue, building permit fees, and the general fund. The neighborhood preservation clean-up services program would fund 25 percent of the existing neighborhood preservation programs through a modest increase in the solid waste franchise agreement; and
H. The City Council has determined that the following fees will cover 25 percent of the costs to the City for costs associated with the neighborhood clean-up programs implemented by the neighborhood preservation programs resulting from complaints and problems related to the accumulation of solid waste; and
I. The proposed neighborhood preservation clean-up services program has been noticed consistent with California Government Code Section 66018 and a hearing was held on the matter on June 25, 2007. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1827 § 2, 2007)
8.08.1010 Fees.
A. Amount of Fee. The City Council may from time to time establish fees for neighborhood preservation clean-up services. The amount of the fee shall be established by resolution of the City Council following a noticed public hearing. The fee may be combined with the fees for solid waste collection services.
B. Character of Fee. The City Council has determined that the fee is related to the cost of the service provided and shall not exceed the estimated reasonable costs of the service. This fee is not imposed as an incident of property ownership within the meaning of Proposition 218 California Constitution Article XIIID, Section 6.
C. Collection. Each owner and occupant of the City receiving waste collection services from the franchisee shall be billed by the franchisee a fee for neighborhood preservation clean-up services in accordance with the rates established by the City Council. The fee shall be collected by the franchisee as part of the solid waste collection fee, in conformance with LMC 8.08.130. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1827 § 2, 2007)
8.08.1020 Transfer, deposit, use and accounting of fees.
A. Transfer. The franchisee shall convey the neighborhood preservation clean-up services program fee to the City on a monthly basis.
B. Deposit. When conveyed to the City, the fees shall be kept in a separate line item account together with any interest earned.
C. Use of Fee. The fees shall be used only to defray the costs of clean-ups associated with solid waste clean-up service provided by the neighborhood preservation clean-up services program. (Ord. 2065 § 1(A), 2018; Ord. 1978 § 1 (Exh. A), 2013; Ord. 1827 § 2, 2007)
Article XII. Reduction of Organic and Recyclable Materials Deposited in Landfills
8.08.1030 Purpose of article and findings.
A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (approved by the Governor of the state of California on September 29, 1989, which, among other things, added Division 30 (Section 40000, et seq.) to the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the state of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multifamily property owners that generate a specified threshold amount of solid waste to arrange for recycling service and requires jurisdictions to implement a mandatory commercial recycling program.
C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the state of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multifamily property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling service for those materials, requires counties and cities to implement a recycling program to divert organic waste from businesses subject to the law, and to implement a mandatory commercial organics recycling program.
D. State organics recycling law, Senate Bill 1383 of 2016, the Short-Lived Climate Pollutant Reduction Act of 2016 (approved by the Governor of the state of California on September 19, 2016, which added Sections 39730.5, 39730.6, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time), took effect on January 1, 2017, and sets statewide organic waste disposal reduction targets of 50 percent by 2020 and 75 percent by 2025, based on the 2014 organics waste disposal baseline, set forth in Section 39730.6 of the Health and Safety Code, and requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The SB 1383 regulations place requirements on multiple entities, including counties, cities, residential households, commercial businesses (including multifamily residential dwellings), commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets with compliance required beginning January 1, 2022.
E. In furtherance of the food recovery objectives of the laws noted above and to reduce legal risks associated with food recovery, the state food donation law, Assembly Bill 1219 of 2017, the California Good Samaritan Food Donation Act of 2017 (approved by the Governor of the state of California on October 9, 2017, which amended Section 1714.25 of the Civil Code, amended Section 58502 of, and repealed Section 58506 of, the Food and Agricultural Code, and amended Sections 114432, 114433, and 114434 of, and added Section 114435 to, the Health and Safety Code, as amended, supplemented, superseded and replaced from time to time), provides additional protections for entities that donate and distribute food for human consumption.
F. By January 1, 2022, the SB 1383 regulations require jurisdictions to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations.
G. This article is adopted pursuant to CalRecycle’s SB 1383 regulations. The SB 1383 regulations were the subject of a program environmental impact report (EIR) prepared by CalRecycle, and except for provisions which maintain the already established requirements of the WMA’s ordinance requiring actions to reduce landfilling of recyclable and organic solid wastes from businesses, multifamily residences, and self-haulers (Ordinance 2012-1; also known as the Mandatory Recycling Ordinance), the activities to be carried out under this article are entirely within the scope of the SB 1383 regulations and that EIR. No mitigation measures identified in the EIR are applicable to WMA’s enactment of this article. Moreover, none of the conditions requiring a subsequent or supplemental EIR, as described in Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163, have occurred. The EIR therefore adequately analyzes any potential environmental effects of this article and no additional environmental review is required. On a separate and independent basis, this article is exempt from CEQA pursuant to Section 15308, Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically for the protection of the climate. There are no unusual circumstances that would cause this article to have a significant effect on the environment. (Ord. 2128 § 3 (Exh. B), 2021)
8.08.1040 Definitions.
For the purpose of this article, the following definitions apply:
A. “Alameda County” means all of the geographical areas located within the incorporated and unincorporated areas of Alameda County, whereas “county of Alameda” or “county” refers to the public entity, a body corporate and politic of the state of California.
B. “Back-haul” means generating and transporting organic waste to a destination owned and operated by a generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
C. “C&D” means construction and demolition debris.
D. “CalRecycle” means California’s Department of Resources Recycling and Recovery, which is the state agency designated with responsibility for developing, implementing, and enforcing the SB 1383 regulations.
E. “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this article are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
F. “Certification of recycling service form” means documentation certifying that a commercial business does not subscribe to collection services for compost containers and/or recycling containers because the commercial business has arranged for collection of its source separated compost container organic waste and/or source separated recyclable materials by self-hauling, back-haul, contracting with a third-party hauler, or shares service with another commercial business.
G. “Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, institution or association (whether incorporated or unincorporated or for-profit or nonprofit), strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6).
H. “Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined herein or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
I. “Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
J. “Compliance review” means a review of records by the enforcement agency to evaluate compliance with this article.
K. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this article, that “compost” means the product resulting from the controlled biological decomposition of organic solid waste that is source separated from the municipal solid waste stream, or which is separated at a centralized facility.
L. “Compost container” has the same meaning as “green container” in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated compost container organic waste.
M. “Compostable plastics” or “compostable plastic” means plastic materials that meet the ASTM D6400 and D6868 standards for compostability and are certified by the Biodegradable Products Institute (BPI) or similar third party approved by the WMA, and are approved by the member agency for placement in the compost container.
N. “Container contamination” or “contaminated container” means a container, regardless of type, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
O. “Designee” means an entity that the WMA or a member agency contracts with or otherwise arranges to carry out or assist with any of the WMA’s or member agency’s responsibilities for compliance with the SB 1383 regulations or administration or enforcement of this article. A designee may be a government entity, a private entity, or a combination of those entities.
P. “Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this article or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this article or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code, as codified in the Health and Safety Code Section 113700, et seq.
Q. “Enforcement action” means an action of the relevant enforcement agency to address noncompliance with this article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
R. “Enforcement agency” means an entity with the authority to enforce part or all of this article as specified herein. Enforcement agencies include the City of Livermore, the Alameda County waste management authority, and the Alameda County department of health. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this article. Nothing in this article authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity.
S. “Excluded waste” means hazardous substances, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from a member agency and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the reasonable opinion of the member agency or a regulated hauler operating in that member agency’s jurisdiction would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the member agency or a regulated hauler to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the Public Resources Code. “Excluded waste” does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the member agency’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the member agency or the regulated hauler providing service to the generator.
T. “Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
U. “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
V. “Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed of, or as otherwise defined in 14 CCR Section 18982(a)(24).
W. “Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for “food recovery organization” differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this article.
X. “Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
Y. “Food scraps” means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. “Food scraps” excludes fats, oils, and grease when such materials are source separated from other food scraps.
Z. “Food service provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
AA. “Food-soiled paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, napkins, and pizza boxes, and is approved by the applicable member agency for placement in the compost container.
BB. “Food waste” means food scraps, food-soiled paper, and compostable plastics in combination or separately.
CC. “Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
DD. “Hauler route” means the designated itinerary or sequence of stops for each segment of a member agency’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
EE. “Health facility” has the same meaning as in Section 1250 of the Health and Safety Code.
FF. “High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022, and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
GG. “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.
HH. “Inspection” means an enforcement agency’s electronic or on-site review of records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this article, or as otherwise defined in 14 CCR Section 18982(a)(35).
II. “Landfill container” has the same meaning as “gray container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of landfill container waste.
JJ. “Landfill container waste” means solid waste that is collected in a landfill container that is part of a three container or three-plus container collection service that prohibits the placement of organic waste in the landfill container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). (“Three container collection service” refers to service collecting materials in landfill containers, organics containers, and recycling containers.)
KK. “Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this article. For the purposes of this definition of “large event,” “local agency” means all public agencies except those that are not subject to the regulatory authority of the member agency.
LL. “Large venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation. For purposes of this article and implementation of 14 CCR, Division 7, Chapter 12, “venue facility” includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this article and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this article.
MM. “Member agency” means a party to the JPA. Current member agencies are the county of Alameda; the cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, and Union City; and the Castro Valley and Oro Loma Sanitary Districts. A reference to a “member agency” means the City of Livermore within whose boundaries the regulated organic waste generator, self-hauler, regulated hauler, commercial edible food generator, food recovery organization, food recovery service, or other entity resides or operates. The member agency boundaries for the purpose of administering and enforcing this article are:
1. The legal boundaries of each of the 14 incorporated municipalities within Alameda County, except those portions of the cities of Hayward and San Leandro that are within the boundaries of the Oro Loma Sanitary District.
2. The legal boundaries of each of the Castro Valley and Oro Loma Sanitary Districts.
3. The unincorporated sections of the county not included within the above.
NN. “Mixed waste organic collection stream” or “mixed waste” means organic waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
OO. “Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises are considered a distinct type of commercial business for the purposes of implementing this article. Consistent with the SB 1383 regulations, residential premises that consist of fewer than five units are not “multifamily” and instead are “single-family” for the purposes of implementing this article. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered other types of commercial businesses.
PP. “Noncompostable paper” includes, but is not limited to, paper that is coated, lined or treated with a noncompostable material, or otherwise unacceptable to the compostable materials handling facility processing the material.
QQ. “Nonorganic recyclables” means nonputrescible and nonhazardous recyclable materials including but not limited to recyclable food and beverage glass containers, metal (aluminum and steel) food and beverage cans, HDPE (high density polyethylene) bottles and PET (polyethylene terephthalate) bottles, and other materials specified in 14 CCR Section 18982(a)(43).
RR. “Notice of violation” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
SS. “Organic waste” means solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
TT. “Organic waste generator” means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
UU. “Paper products” includes, but is not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
VV. “Person” includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever, or as otherwise defined in Public Resources Code Section 40170.
WW. “Printing and writing paper” includes, but is not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, notepads, writing tablets, newsprint, and other writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
XX. “Prohibited container contaminants” includes all of the following: (1) materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the member agency’s recycling container; (2) materials placed in the compost container that are not identified as acceptable source separated compost container organic waste for the member agency’s compost container; (3) materials placed in the landfill container that are acceptable source separated recyclable materials and/or acceptable source separated compost container organic waste that can be placed in the member agency’s compost container and/or recycling container; and (4) excluded waste placed in any container.
YY. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
ZZ. “Recycling container” has the same meaning as “blue container” in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials and source separated recycling container organic waste.
AAA. “Regulated hauler” means a person that collects solid waste (other than solid waste generated by a permitted building project) originating in Alameda County from compost containers, recycling containers, and/or landfill containers, and does so under a contract, franchise agreement, or permit with the WMA or a member agency. A member agency that collects solid waste within its boundaries is not a regulated hauler with respect to that collection.
BBB. “Remote monitoring” means the use of mechanical or electronic devices to identify the types of materials in recycling containers, compost containers, and/or landfill containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
CCC. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
DDD. “Route review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical or electronic inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
EEE. “SB 1383” means Senate Bill 1383 of 2016, the Short-Lived Climate Pollutant Reduction Act of 2016.
FFF. “SB 1383 regulations” means or refers to, for the purposes of this article, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
GGG. “Self-hauler” means a person who hauls solid waste, organic waste or recyclable material they have generated to another person for disposition as allowed by the member agency and otherwise in accordance with all applicable laws. “Self-hauler” also includes a person who back-hauls such materials, and as otherwise defined in 14 CCR Section 18982(a)(66).
HHH. “Single-family” means, for purposes of this article, of, from, or pertaining to any residential premises with fewer than five units.
III. “Solid waste” has the same meaning as defined in Public Resources Code Section 40191, which defines “solid waste” as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that “solid waste” does not include any of the following wastes:
1. Hazardous waste, as defined in the Public Resources Code Section 40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Public Resources Code.
JJJ. “Source separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return 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, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this article, “source separated” shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from landfill container waste or other solid waste for the purposes of collection and processing.
KKK. “Source separated compost container organic waste” means source separated organic waste that can be placed in a compost container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated recycling container organic waste, carpets, noncompostable paper, and textiles.
LLL. “Source separated recyclable materials” means source separated nonorganic recyclables and source separated recycling container organic waste.
MMM. “Source separated recycling container organic waste” means source separated organic wastes that can be placed in a recycling container that is limited to the collection of those organic wastes and nonorganic recyclables, as defined herein or as otherwise defined in Sections 18982(a)(43) and 18982(a)(46). “Source separated recycling container organic waste” shall include materials as determined by the member agency and includes unsoiled paper products and printing and writing paper.
NNN. “Supermarket” means a full-line, self-service retail store with gross annual sales of $2,000,000 or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
OOO. “Tier one commercial edible food generator” means a commercial edible food generator that is one of the following:
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than 10,000 square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this article.
PPP. “Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. Hotel with an on-site food facility and 200 or more rooms.
3. Health facility with an on-site food facility and 100 or more beds.
4. Large venue.
5. Large event.
If the definition in 14 CCR Section 18982(a)(74) of “tier two commercial edible food generator” differs from this definition as to entities subject to the regulatory authority of a member agency, the definition in 14 CCR Section 18982(a)(74) shall apply to this article.
QQQ. “Wholesale food vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).
RRR. “WMA” means the Alameda County waste management authority. (Ord. 2128 § 3 (Exh. B), 2021)
8.08.1050 Requirements for single-family generators.
Except single-family organic waste generators that meet the self-hauler requirements in LMC 8.08.2010 and/or that are located in a census tract for which CalRecycle has issued a low population waiver (as described in 14 CCR Section 18984.12), single-family generators shall:
A. Be subscribed to the collection service(s) approved by the member agency for compost containers, recycling containers, and landfill containers. A member agency shall have the right to review the number and size of a generator’s containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation of materials and containment of materials. A single-family generator shall adjust its service level for its collection services as requested by the member agency in order to meet the standards set forth in this article. Generators may manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c) to the extent permitted by other applicable laws.
B. Participate in the organic waste collection service(s) approved by the member agency by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in collection containers. Generators shall place source separated compost container organic waste, including food waste, in the compost container; source separated recyclable materials in the recycling container; and landfill container waste in the landfill container. Generators shall not place materials designated for the landfill container into the compost container or the recycling container.
C. The enforcement agency for the provisions of this section is the member agency and any other designee of the member agency. (Ord. 2128 § 3 (Exh. B), 2021)
8.08.1060 Requirements for commercial business generators including multi- family residential dwellings.
Commercial business organic waste generators, including multifamily residential dwellings, shall:
A. Except commercial businesses that meet the self-hauler requirements in LMC 8.08.2010, or that meet waiver requirements in LMC 8.08.1070, or that are located in a census tract for which CalRecycle has issued a low population waiver (as described in 14 CCR Section 18984.12):
1. Be subscribed to collection service(s) approved by the member agency for compost containers, recycling containers, and landfill containers and comply with requirements of those services as described below. A member agency shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the member agency.
2. Participate in collection services approved by the member agency for organic waste collection service(s) by placing designated materials in designated containers as described below. Generator shall place source separated compost container organic waste, including food waste, in the compost container; source separated recyclable materials in the recycling container; and landfill container waste in the landfill container. Generator shall not place materials designated for the landfill container into the compost container or recycling container.
B. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (C)(1), (C)(2), and D of this section) for employees, contractors, tenants, and customers, consistent with the recycling container, compost container, and landfill container collection service or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program, in accordance with LMC 8.08.2010.
C. Excluding multifamily residential dwellings, provide containers for the collection of source separated compost container organic waste and source separated recyclable materials generated by that business in all areas where the commercial business provides disposal containers for employees, contractors, tenants, customers and other users of the premises (“user disposal containers”). Such user disposal containers do not need to be provided in restrooms. If a commercial business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of user disposal container, then the business does not have to provide that particular type of container in all areas where user disposal containers are provided. Pursuant to 14 CCR Section 18984.9(b), the user disposal containers provided by the business shall have either:
1. A body or lid that conforms with the following container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black containers for landfill container waste, blue containers for source separated recyclable materials, and green containers for source separated compost container organic waste. Notwithstanding the foregoing, a commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. Container labels that include language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
D. For multifamily residential dwellings, provide containers for the collection of source separated compost container organic waste and source separated recyclable materials in all common areas where those materials are being generated and disposal containers are provided for tenants, and in areas for internal consolidation of materials that are later deposited in organics containers, recycling containers, and landfill containers for collection by regulated haulers. Such containers do not need to be provided in restrooms accessible from common areas of the multifamily dwelling. Such containers shall comply with the color and labeling requirements specified in subsections (C)(1) and (C)(2) of this section.
E. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the recycling container, compost container, and landfill container collection service or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program, in accordance with LMC 8.08.2010.
F. Periodically inspect recycling containers, compost containers, and landfill containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
G. Annually provide information to employees, contractors, tenants, building residents, and customers about organic waste recovery requirements and about proper sorting of source separated compost container organic waste and source separated recyclable materials.
H. Provide information before or within 14 days of new occupation of the premises to new tenants and no less than 14 days before tenants move out of the premises, unless a tenant does not provide 14 or more days’ notice before moving out, that describes requirements to keep source separated compost container organic waste and source separated recyclable materials separate from each other and from landfill container waste and the location of containers and the rules governing their use at the property.
I. Provide or arrange access for the enforcement agency to their properties during all inspections conducted in connection with this article and timely provide documents requested by the enforcement agency to confirm compliance with the requirements of this article.
J. Accommodate and cooperate with any remote monitoring program established by a regulated hauler or a member agency for inspection of the types of materials placed in containers for prohibited container contaminants to evaluate generator’s compliance with subsection (A)(1) of this section.
K. At commercial business’s option and subject to approval by the enforcement agency, implement its own remote monitoring program for self-inspection of the types of materials placed in recycling containers, compost containers, and landfill containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Purchase and maintenance of the remote monitoring program shall be the responsibility of the commercial business.
L. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c) to the extent permitted by other applicable laws.
M. The enforcement agency for the provisions of this section is the member agency and, if authorized by the member agency, the WMA, and any other designee of the member agency. (Ord. 2128 § 3 (Exh. B), 2021)
8.08.1070 Waivers for commercial business generators.
A. De Minimis Waivers. Except for multifamily residential dwellings, the enforcement agency may waive a commercial business’s obligation to comply with some or all of the organic waste collection service requirements of this article if the commercial business provides documentation demonstrating that the business generates below a certain amount of organic waste material, as described in subsection (A)(2) of this section. A commercial business requesting a de minimis waiver shall:
1. Submit an application to the enforcement agency specifying the service or requirements for which it is requesting a waiver.
2. Provide documentation with the application that either:
a. The commercial business’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a recycling container or compost container comprises less than 20 gallons per week per applicable container of the business’s total waste; or
b. The commercial business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a recycling container or compost container comprises less than 10 gallons per week per applicable container of the business’s total waste.
c. For the purposes of subsections (A)(2)(a) and (b) of this section, total solid waste shall be the sum of weekly landfill container waste, source separated recyclable materials, and source separated compost container organic waste measured in cubic yards.
3. If the waiver is granted, notify the enforcement agency granting the waiver if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case the waiver will be rescinded.
4. If the waiver is granted, provide written verification of continued eligibility for de minimis waiver to the enforcement agency every five years.
B. Physical Space Waivers. The enforcement agency may waive a commercial business’s or property owner’s (including a multifamily residential dwelling’s) obligation to comply with some or all of the recyclable materials and/or organic waste collection service requirements of this article if the enforcement agency has evidence from a regulated hauler, licensed architect, licensed engineer, or other person authorized by the enforcement agency demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of LMC 8.08.1060.
A commercial business requesting a physical space waiver shall:
1. Submit an application to the enforcement agency specifying the service or requirements for which it is requesting a waiver.
2. Provide documentation with the application that the premises lacks adequate space for recycling containers and/or compost containers, which shall include documentation from its regulated hauler, licensed architect, licensed engineer, or other person authorized by the enforcement agency.
3. If the waiver is granted, notify the enforcement agency granting the waiver if the commercial business’s physical space configurations or amounts of solid waste generation change, in which case the waiver may be rescinded.
4. If the waiver is granted, provide written verification to the enforcement agency of continued eligibility for a physical space waiver every five years.
C. Collection Frequency Waiver. The enforcement agency, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the member agency’s three or, if relevant, three-plus container organic waste collection service to arrange for the collection of their recycling container, landfill container, or both once every 14 days, rather than once per week.
D. The enforcement agency for the provisions of this section is the member agency and, if authorized by the member agency, the WMA, and any other designee of the member agency. (Ord. 2128 § 3 (Exh. B), 2021)
8.08.1080 Requirements for commercial edible food generators.
A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3 or such later deadline established by state law or regulations.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024, or such later deadline established by state law or regulations.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to safely recover for human consumption the maximum amount of edible food that would otherwise be disposed.
2. Enter into a contract or other written agreement with food recovery organizations or food recovery services for: (a) the collection for food recovery of edible food that would otherwise be disposed; or (b) acceptance of edible food that would otherwise be disposed that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Use best efforts to abide by all contractual or written agreement requirements specified by the food recovery organization or food recovery service on how edible food should be prepared, packaged, labeled, handled, stored, distributed or transported to the food recovery organization or service.
4. Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.
5. Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
6. Allow the enforcement agency to review records upon request, including by providing electronic copies or allowing access to the premises, pursuant to 14 CCR Section 18991.4.
7. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or food recovery organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts and written agreements established under 14 CCR Section 18991.3(b) and/or this article.
c. A record of the following information for each of those food recovery services or food recovery organizations:
i. The name, address and contact information of the food recovery service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. The established frequency that food will be collected or self-hauled.
iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
d. If it has not entered into a contract or written agreement with food recovery organizations or food recovery services pursuant to subsection (C)(2) of this section, a record that describes (i) its direct donation of edible food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus edible food that it can donate.
8. Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the enforcement agency that includes the information in subsection (C)(7) of this section. Entities shall provide the requested information within 60 days of the request.
D. Nothing in this article shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on September 25, 2017, which added Article 13 commencing with Section 49580 to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time); or (2) otherwise applicable food safety and handling laws and regulations.
E. Nothing in this article prohibits a commercial edible food generator from donating edible food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a).
F. The enforcement agency for the provisions of this section is the member agency and, if authorized by the applicable member agency, the WMA, and any other designee of the member agency. (Ord. 2128 § 3 (Exh. B), 2021)
8.08.1090 Requirements for food recovery organizations and services.
A. Nothing in this article prohibits a food recovery service or food recovery organization from refusing to accept edible food from a commercial edible food generator, in accordance with 14 CCR Section 18990.2(d).
B. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
C. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
D. Food recovery organizations and food recovery services that have their primary address physically located in Alameda County and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the WMA the total pounds of edible food recovered from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) according to the following schedule: (1) no later than August 15, 2022, submit an initial report covering the period of January 1, 2022, to June 30, 2022; and (2) no later than March 31, 2023, and no later than every March 31st thereafter, submit a report covering the period of January 1st to December 31st of the previous calendar year.
E. In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in Alameda County shall provide, upon request, information and consultation to the enforcement agency regarding existing, or proposed new or expanded, food recovery capacity in a form that can be provided to or that can be accessed by the WMA, member agencies, and commercial edible food generators in Alameda County. A food recovery service or food recovery organization contacted by the enforcement agency shall respond to such request for information within 60 days unless a shorter time frame is otherwise specified by the enforcement agency.
F. The enforcement agency for the provisions of this section is the member agency and, if authorized by the member agency, the WMA and any other designee of the member agency. (Ord. 2128 § 3 (Exh. B), 2021)
8.08.2000 Requirements for regulated haulers and facility operators.
A. Requirements for Regulated Haulers.
1. A regulated hauler providing single-family, commercial, or industrial organic waste collection service to generators within Alameda County shall meet the following requirements and standards in connection with collection of organic waste:
a. Through written notice to the member agency annually on or before March 31st, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated compost container organic waste.
b. Transport source separated recyclable materials to a facility that recycles those materials and transport source separated compost container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
c. Obtain approval from the member agency to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, LMC 8.08.2040, and any WMA and member agency rules.
2. Within the boundaries of any member agency in which it has customers, a regulated hauler collecting organic waste shall:
a. Up to four times per year, provide reports to the WMA and member agency on commercial business account information and service levels in a form to be specified by the WMA.
b. Assist in the dissemination of SB 1383 educational materials to single-family and commercial business accounts.
c. At least annually and during new staff on-boarding, train regulated hauler’s customer service representatives and account managers/recycling coordinators serving organic waste generators in Alameda County on the generator requirements set forth in LMC 8.08.1060 and 8.08.1070, SB 1383 regulations as they may be revised from time to time and on resources available to assist in compliance. Trainings may be in a virtual or in-person format.
d. Where a regulated hauler provides landfill container collection service, notify single-family and commercial business accounts that (i) they must also be subscribed to recycling container collection service and compost container collection service to comply with this article, except if an applicable waiver has been granted for the account, if an applicable waiver application has been submitted and is under review for the account, or if the account has an approved certification of recycling service form and (ii) that the regulated hauler will inform the member agency if the account fails to subscribe to a required collection service offered by the regulated hauler.
e. Provide quarterly reports to the WMA identifying single-family and commercial accounts that are subscribed to landfill container collection service but that are not subscribed to recycling container and/or compost container collection service. WMA shall provide this information to the member agency. If a regulated hauler providing landfill container collection service does not offer recycling container collection service and/or compost container collection service to its landfill container collection service customers, the requirements of subsections (A)(2)(d) and (e) of this section shall not apply with respect to those customers and the type(s) of service that is not offered.
f. Conduct or comply with container contamination minimization efforts such as route reviews or waste evaluations. Inform generators when container contamination is observed by the regulated hauler.
g. If requested by the enforcement agency, assist generators with verification of physical space constraints when generator submits an application for a physical space waiver.
h. Provide commercial business accounts with interactive assistance such as employee trainings, in a virtual or in-person format, when recycling container collection service or composting container collection service is added, or upon request.
3. The enforcement agency for the provisions of this subsection A is the member agency and, where authorized by the member agency, the WMA, and any other designee of the member agency.
B. Requirements for Facility Operators and Community Composting Operations.
1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon request from the WMA, provide within 60 days information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.
2. Community composting operators shall, upon request from the WMA, provide within 60 days information to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation.
3. The enforcement agency for the provisions of this subsection B is the WMA and any designee of the WMA. (Ord. 2128 § 3 (Exh. B), 2021)
8.08.2010 Requirements for self-haulers.
A. Self-haulers shall source separate all recyclable materials and organic waste (materials that the member agency otherwise requires generators to separate for collection in the member agency’s organics and recycling collection program) generated or handled on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated compost container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility. Self-haulers may back-haul to a destination owned and operated by the generator using the generator’s own employees and equipment and then haul those consolidated materials to facilities meeting the requirements of this subsection B.
C. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the enforcement agency. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the material.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
D. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall submit a certification of recycling service form to the enforcement agency for review for compliance if they do not also subscribe to separate collection service for compost containers and/or recycling containers by a regulated hauler. Applications will be considered for approval to the extent permitted by other applicable laws.
E. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall submit a new certification of recycling service form to the enforcement agency for compliance review every five years, if they do not also subscribe to separate collection service for compost containers and/or recycling containers by a regulated hauler.
F. Self-haulers shall notify the enforcement agency if they subscribe to separate collection service for compost containers and/or recycling containers by a regulated hauler, such that they are no longer self-haulers.
G. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall provide information, upon request, collected in subsection C of this section to the enforcement agency. Entities shall provide the requested information within 60 days.
H. A single-family organic waste generator that self-hauls organic waste is not required to record or report information in subsections C through G of this section.
I. The enforcement agency for the provisions of this section is the member agency and, where authorized by the member agency, the WMA, and any other designee of the member agency. (Ord. 2128 § 3 (Exh. B), 2021)
8.08.2020 Inspections and investigations.
A. The enforcement agency is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with the provisions of this article for which it has enforcement authority by organic waste generators, commercial businesses (including multifamily residential dwellings), commercial edible food generators, regulated haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for inspection. For the purposes of inspecting commercial business containers for compliance with LMC 8.08.1060(B), the enforcement agency may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to LMC 8.08.1060(J).
B. A person subject to the requirements of this article shall provide or arrange for access during all inspections (with the exception of a private residential dwelling unit) and shall cooperate with the enforcement agency during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this article. Failure to provide or arrange for: (1) access to the premises; (2) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (3) access to records for any inspection or investigation is a violation of this article and may result in penalties described in LMC 8.08.2030.
C. Any records obtained by the enforcement agency during inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.
D. The enforcement agency is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.
E. The enforcement agency shall accept written complaints from persons regarding an entity that may be potentially noncompliant with this article.
F. The enforcement agency for the provisions of this section is the member agency and any designee authorized by the member agency to enforce one or more sections of this article. (Ord. 2128 § 3 (Exh. B), 2021)
8.08.2030 Enforcement.
A. Violation of any provision of this article shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement agency. Enforcement actions under this article are issuance of an administrative citation and assessment of a fine. The enforcement agency’s procedures on imposition of administrative citations and fines as contained in this section shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this article and any rule or regulation adopted pursuant to this article, except as otherwise indicated in this article.
B. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The enforcement agency may pursue civil actions in the California courts to seek recovery of unpaid administrative citations and fines. The enforcement agency may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations, exist such that court action is a reasonable use of enforcement agency staff and resources.
C. Process for Enforcement.
1. The following provisions of this article may be enforced beginning on January 1, 2022: LMC 8.08.1060, concerning requirements for commercial business generators, LMC 8.08.1070, concerning waivers for commercial business generators, LMC 8.08.2000, concerning requirements for haulers and facility operators, LMC 8.08.2010, concerning requirements for self-haulers, and inspections related to compliance with those sections.
2. The following provisions of this article may be enforced beginning on January 1, 2024: LMC 8.08.1050, concerning requirements for single family generators, LMC 8.08.1080, concerning requirements for commercial edible food generators, and LMC 8.08.1090, concerning requirements for food recovery organizations and services, and inspections related to compliance with those sections.
3. The enforcement agency will monitor compliance with this article through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring).
4. The enforcement agency may issue a notice of violation requiring compliance within 60 days of issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth in the notice of violation, the enforcement agency shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the enforcement agency’s standard procedures.
D. Penalty Amounts for Violations. The penalty levels are as follows:
1. For a first violation, the amount of the penalty shall be $50.00 to $100.00 per violation or such higher amount as may be established by the enforcement agency.
2. For a second violation, the amount of the penalty shall be $100.00 to $200.00 per violation or such higher amount as may be established by the enforcement agency.
3. For a third or subsequent violation, the amount of the penalty shall be $250.00 to $500.00 per violation or such higher amount as may be established by the enforcement agency.
E. Compliance Deadline Extension Considerations. The enforcement agency may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of nature such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays not within the control of respondent or their agents in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the member agency is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
F. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed in the administrative citation and consistent with the enforcement agency’s appeal procedures.
G. Education Period for Noncompliance. With respect to provisions of this article subject to enforcement starting January 1, 2024, the enforcement agency will, prior to that date, conduct inspections, remote monitoring (if such a program is implemented), route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the enforcement agency determines that the organic waste generator, self-hauler, regulated hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this article and a notice that compliance is required and that violations may be subject to administrative citations, penalties, or other remedies starting on January 1, 2024.
H. Civil Penalties for Noncompliance. If the enforcement agency determines that an organic waste generator, self-hauler, regulated hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this article, it may document the noncompliance or violation, issue a notice of violation, and/or take enforcement action pursuant to this section as needed and consistent with the enforcement commencement dates set forth in subsection (C)(1) of this section.
I. The enforcement agency for the provisions of this section is the member agency and any designee authorized by the member agency to enforce one or more sections of this article. (Ord. 2128 § 3 (Exh. B), 2021)
8.08.2040 Local regulations and opt-in provisions.
A. Nothing in this article shall be construed to prohibit any member agency from enacting and enforcing ordinances and regulations regarding the collection, transport, storage, processing, and deposit in landfill(s) of solid waste within its jurisdiction, including more stringent requirements than those in this article.
B. This article shall apply only within the boundaries of member agencies that have adopted an ordinance declaring that the member agency is opting into this article and that it shall apply within their jurisdiction. For any member agency that opts in, this article shall apply as to that member agency from the date specified in the ordinance adopted by the member agency. A member agency that has adopted such an ordinance may declare that this article no longer applies within its boundaries by adopting a subsequent ordinance setting forth the date upon which this article shall no longer apply. (Ord. 2128 § 3 (Exh. B), 2021)