Chapter 6.30
RECYCLABLE MATERIALS
Sections:
6.30.020 Recyclable material disposal – General requirements.
6.30.030 Collection service – Establishment.
6.30.050 Authorized recycling agent – Duties.
6.30.060 Provisions declared minimum standards.
6.30.070 Separation of recyclables and placement for removal.
6.30.080 Receptacle specifications.
6.30.090 Authorized recycling agent – Insurance required.
6.30.100 Authorized recycling agent – Rights under contract.
6.30.110 Authorized recycling agent – Receipt of charges.
6.30.120 Private disposal of recyclable materials.
6.30.130 Collection by unauthorized persons prohibited – Penalty.
6.30.010 Definitions.
For the purposes of this chapter the following words and phrases shall have the meanings as set forth hereinafter unless the context appears otherwise:
A. “Authorized recycling agent” means that person, partnership, joint venture or corporation authorized by contract with the city to collect recyclable materials pursuant to this chapter.
B. “Charitable entity” means any organization or other entity maintained for community service, education or the public good, including service clubs, scouting organizations, religious and educational organizations and recognized charities.
C. “Collect” means to take physical possession of materials at any commercial location, institutional location, multi-residential complex or residential unit of another.
D. “Commercial entity” means any business, retail, office, professional or industrial premises or site including but not limited to motels, hotels and automobile courts. Such definition excludes nonprofit activities such as churches, synagogues, charitable organizations, fraternal, service and social clubs.
E. “Commercial location” means the premises or site of a commercial entity.
F. “Designated collection location” means the place where an authorized recycling agent is to pick up segregated, recyclable materials. The location is identified by contract between the authorized recycling agent and the city and will customarily be the curbside of a residential neighborhood or the service alley of a commercial or institutional entity.
G. “Institutional entity” means any location operated by a governmental entity, including city, county, state and/or federal buildings, public schools, colleges, and public recreational sites.
H. “Institutional location” means the premises or site of an institutional entity.
I. “Multi-residential complex” means any residential building, boardinghouse, apartment building, condominium complex, stock cooperative complex, or flats consisting of more than three independent dwelling units. “Multi-residential complex” does not include motel, hotel or automobile court.
J. “Person” means any tenant, lessee, business, occupant or owner of real property within the city.
K. “Recyclable materials” means any one or more of the following categories of materials collected and recycled or salvaged from within the city:
1. Newspapers;
2. Metal food and beverage containers;
3. Glass;
4. Old corrugated cartons;
5. Graded or sorted waste paper;
6. Waste motor oil (residential);
7. PET plastic beverage containers.
L. “Recycling” means the process of sorting, cleansing, treating, and reconstituting waste or other discarded materials for the purpose of using the altered form. “Recycling” does not include merely sorting, shredding, stripping, compressing, storing, land filling with, or otherwise disposing of waste or other discarded materials.
M. “Residential unit” means any single-family dwelling, duplex, triplex, apartment house of three dwelling units or less, or condominium complex of three dwelling units or less. For the purposes of this chapter, each apartment, flat, or dwelling unit of a duplex, triplex, three-unit or less apartment house, or three-unit or less condominium complex shall be considered as a separate dwelling.
N. “Segregated recyclable materials” means those recyclable materials which have been separated:
1. By the person from whom they are being collected;
2. From refuse; and
3. From all other recyclable materials to form one readily identifiable category or materials as set forth in subsection (K) of this section that is saleable without further sorting. (Ord. 533, § 3; 1976 Code § 6-6.01).
6.30.020 Recyclable material disposal – General requirements.
It is unlawful for any person to keep, deposit, bury or dispose of any recyclable materials, except as in this chapter provided, in or upon any private or public property, street, alley, sidewalk, gutter, park or upon the banks of any stream or creek in the city, or in or upon any of the waters thereof; and every person in the city who disposes of recyclable materials shall dispose of same only in the manner provided in this chapter. (Ord. 533, § 3; 1976 Code § 6-6.02).
6.30.030 Collection service – Establishment.
A. A recyclable materials collection service program is established and shall be available to all persons, residences, businesses and institutions in the city for the purpose of providing for the orderly and regular collection of recyclable materials within the city under this program. Creation and operation of a collection program does not preclude the operation of certified recycling centers created pursuant to Division 12.1 of the California Public Resources Code and/or charitable entity recycling programs.
B. Recyclable materials for donation, sale, or collection by or to any person or entity other than the authorized recycling agent, may not be stored or transferred by use of the recycling receptacles described in this chapter, or any other containers used for recycling provided by the authorized recycling agent. Storage of recyclable materials at the designated collection location other than for pickup by the authorized recycling agent as defined herein, is prohibited. (Ord. 533, § 3; 1976 Code § 6-6.03).
6.30.040 Collection contract.
A. The city council may, with or without having invited bids therefor, enter into an exclusive contract with any responsible individual, association, firm, organization or other business entity, whether or not said entity is operated for profit, for the collection of any or all recyclable materials within the city. Where such a contract provided for has heretofore or hereafter been entered into between the city and a contractor for the collection of any or all recyclable materials as herein provided, said contractor shall be the authorized recycling agent for the city.
B. If in the determination of the city council said contractor shall have satisfactorily performed such contract, the city council, without inviting bids or proposals therefor and without giving notice of its intention to do so, may, either prior to or after the expiration of such contract, extend or renew the same for such a period and on such terms and conditions as the city council shall deem necessary and appropriate. (Ord. 533, § 3; 1976 Code § 6-6.04).
6.30.050 Authorized recycling agent – Duties.
The city’s official authorized recycling agent must offer recyclable materials collection service to all persons, residences, businesses and institutions within the city limits pursuant to the terms and conditions of any exclusive contract for such service. The city council may establish standard regulations for the methods of collection of recyclable materials, collection service charges, frequency of pickup, and the civil and/or criminal remedies available for enforcing this chapter. (Ord. 533, § 3; 1976 Code § 6-6.05).
6.30.060 Provisions declared minimum standards.
The provisions of this chapter shall be the minimum requirements for the protection of the public health, safety, convenience and general welfare. (Ord. 533, § 3; 1976 Code § 6-6.06).
6.30.070 Separation of recyclables and placement for removal.
A. Persons desiring to participate in the Millbrae recycling program shall prepare and separate those recyclable materials that the city has contracted for pickup by the authorized recycling agent from other garbage and refuse as required by the collection contract, and thereafter have the segregated recyclable materials placed within receptacles as required by this chapter, or within the designated collection location, which shall be collected by the authorized recycling agent.
B. Receptacles containing recyclable materials for residential units shall be placed at curbside for collection by the authorized recycling agent; but shall not be placed at curbside earlier than twelve hours prior to the date and time for scheduled collection, nor left remaining at curbside longer than twelve hours following the date and time for scheduled collection.
C. Receptacles containing recyclable materials for multi-residential complex, commercial and/or institutional locations shall be of a size and serviceability agreed to by the parties to this agreement and thereafter placed at the designated collection location. (Ord. 533, § 3; 1976 Code § 6-6.07).
6.30.080 Receptacle specifications.
A. Pursuant to the terms and conditions of any exclusive contract between the city and the authorized recycling agent, each residential unit shall be provided with suitable and sufficient receptacles to store segregated recyclable materials to be made available for curbside pick-up. The color, style and markings of such receptacles shall be mutually agreed upon between the city and the authorized recycling agent.
B. Initial provision of residential receptacles shall be made at no charge to persons participating in the Millbrae recycling program. All such residential receptacles shall be and remain the property of the authorized recycling agent, and shall not be used for any purpose other than the segregation and curbside placement of recyclable materials. Participating persons relocating out of the city shall leave all residential receptacles at the premises.
C. It is the duty of every person participating in the Millbrae recycling program to maintain receptacles in a reasonably safe and secure manner; and all such receptacles shall be so placed and kept at the designated collection location so as to be readily accessible for removal and collection therefrom and placed such that they will not be a public nuisance or in any degree offensive. (Ord. 533, § 3; 1976 Code § 6-6.08).
6.30.090 Authorized recycling agent – Insurance required.
The city’s official authorized recycling agent contracted with, in accordance with this chapter, shall be considered as and shall be an independent contractor and shall act under its own directions as to the manner of performing its work; and it shall keep itself and all of its employees insured against all liability under California workers’ and employees’ insurance, compensation and safety laws and against public liability and property damage, including all such liability for use or operation of motor vehicles used in the performance of work hereunder. Such public liability insurance shall be to the minimum extent of one million dollars or an amount as may be set from time to time by the city or its designee for each incident of death or injury to persons and/or property. Evidence of such insurance to the satisfaction of the city attorney shall be filed with the city upon request. (Ord. 533, § 3; 1976 Code § 6-6.09).
6.30.100 Authorized recycling agent – Rights under contract.
An award of such contract shall confer upon the entity to whom the contract is awarded the exclusive right as the city’s official authorized recycling agent hereunder, during the term of the contract, to collect, transport, sell and dispose of all recyclable materials collected within the city as provided herein, and all provisions of this chapter applicable to the authorized recycling agent shall constitute and be part of any contract awarded hereunder. (Ord. 533, § 3; 1976 Code § 6-6.10).
6.30.110 Authorized recycling agent – Receipt of charges.
A charge shall be collected by the city’s official authorized recycling agent from the tenant, lessee, owner or occupant of each residential unit, as well as for each multi-residential, commercial and/or institutional entity situated within the city limits, at rates to be established by contract between the city and the official authorized recycling agent, said rates to be subject to change upon approval of an agreement between the city and said official collector. (Ord. 533, § 3; 1976 Code § 6-6.11).
6.30.120 Private disposal of recyclable materials.
A. Nothing contained in this chapter shall preclude any person, business or other entity from disposing of segregated recyclable materials without utilizing the city’s official authorized recycling agent, provided that the recyclable materials are disposed of by such persons individually or by his or her employee or employees to an authorized recyclable materials collection site or station that has been duly approved and authorized as such by appropriate governmental authority or other appropriate authority.
B. Nothing herein contained shall prevent any person, business or other entity from allowing recyclable materials to be picked up, dropped off, or otherwise donated to any charitable entity.
C. The use of receptacles or other containers provided by the authorized recycling agent or the pick-up of such recyclable materials from any designated collection location is prohibited by anyone other than the authorized recycling agent.
D. Nothing herein contained shall inhibit, regulate or restrict any recycling center, nonprofit dropoff program or recycling processor as permitted by the Solid Waste Management Resource and Recovery Act of 1972 or the California Beverage Container Recycling and Litter Reduction Act of 1986. (Ord. 533, § 3; 1976 Code § 6-6.12).
6.30.130 Collection by unauthorized persons prohibited – Penalty.
A. It is unlawful for any person, business or other entity, not otherwise excepted by the provisions of this chapter, or by state or federal law, to collect recyclable materials in the city; provided, however, the collection of segregated recyclable materials with the intent to recycle all such materials collected by one who has an arrangement to and does recycle all such materials collected shall not be prohibited. The receipt of money or other consideration by the collector in addition to the materials collected creates the presumption that the collection of such materials is not for the purpose of recycling. This section shall not apply to charitable entities as defined by MMC 6.30.010(B).
B. From the time of placement of recyclable materials at curbside, or other appropriate designated collection locations or in any container used for recycling provided by the authorized recycling agent, said recyclable materials shall be and become the property of the authorized recycling agent.
C. Any person engaged in the unauthorized collection of recyclable materials is guilty of an infraction. Any such unauthorized collections from one or more locations within the city shall constitute a separate and distinct offense.
D. As an alternative to criminal enforcement, both the city and the authorized recycling agent have the independent authority to civilly enforce any provisions of this chapter, to and including the authority to seek treble damages pursuant to California Government Code Section 66764. The Millbrae city manager may invoke these remedies, or any of them, whenever he or she deems it appropriate. (Ord. 533, § 3, Amended by Ord. 698, § 1; 1976 Code § 6-6.13).