Chapter 6.42 MUNICIPAL REFUSE, MANURE AND RECYCLING COLLECTION

The purpose of this chapter is to provide standards for integrated solid waste management of trash waste in the City of Norco, to include source reduction, recycling and composting of solid wastes, in order to provide for the long-term health, safety and welfare of Norco residents through extending current landfill capacity, preserving resources, and providing for the general protection of the environment. The chapter provides for regulation of the storage, collection, transportation municipal waste and recovery of marketable and recyclable materials.

Establish requirements for recycling of manure, recyclable materials and organics generated by commercial facilities, and properties, in order to increase the diversion of recyclable, compostable and organic materials from landfill disposal, thus reducing greenhouse emissions, minimizing waste and helping to ensure the maintenance, restoration, enhancement, and protection of the environment, including natural resources.

Provide an enforcement mechanism to ensure that resident, business, commercial, nonresidential properties, and multifamily dwellings provide for the proper collection of solid wastes and provide protections against illegal scavenging of materials. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.020 Definitions.

For purposes of this chapter, and other municipal code provisions referred hereto, the following words shall have the meanings ascribed thereto, unless the context in which they are used clearly indicates another meaning:

“Aluminum” means recoverable materials made from aluminum, such as used aluminum food or beverage containers, aluminum foil, siding, screening, and other items manufactured from aluminum.

“Animal livestock” means any type of farm animal kept or raised for use or pleasure, including, but not limited to, horses, cows, sheep, pigs, goats, llamas, zebras, emus, ostriches, buffalo, camels, alpacas, rabbits, chickens, and birds kept in aviaries. Dogs and cats are specifically excluded.

“Animal livestock keeping” means owning and/or caring for horses or other animal livestock on privately owned, commercial or public property within the City of Norco.

“Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City of Norco.

“Best management practices (BMP)” means a practice, method, approach, or combination of practices, based on research, field-testing, and expert review to be the most effective and practicable means of storing, handling, removing, and disposing of livestock manure.

“Bin” shall mean those plastic or metal containers of two cubic yards to six cubic yards that have plastic lids on the top. Bins are used for weekly or more frequent collection of waste, green waste or designated recyclables by the City or its franchise agent.

“Bulky waste” means discarded items whose large size or shape precludes or complicates their handling by standard residential or commercial solid waste, recycling and green waste collection methods. Bulky items include white goods, furniture, trees, stumps, carpet and other potentially oversize wastes. Bulky waste does not include hazardous or infectious waste unless specifically exempt, such as freon-containing refrigerators.

“Buy-back center” means a facility licensed and permitted by the Department of Conservation and/or local jurisdiction which pays a fee for the delivery and transfer of ownership to the facility of source-separated materials for the purpose of recycling or composting.

“Cardboard” means post-consumer waste paper grade corrugated cardboard (grade No. 11), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for collection and recovery for recycling.

“Carts” shall mean those plastic containers with a capacity of less than two cubic yards. Carts shall have a fixed lid and are designed for automated and/or semi-automated collection of solid waste, green waste and/or designated recyclables by the City or its franchise agent.

“City” shall mean the City of Norco, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

“Collection” means the act of removing and conveying nonhazardous and noninfectious solid waste, commingled or source-separated materials, from residential, commercial, industrial, or institutional (governmental) generators to a facility for processing, composting, transfer, disposal or transformation.

“Commercial” means a site and/or business zoned or permitted for any use other than residential including, but not limited to, commercial, light industrial, industrial and agricultural.

“Commercial recyclables” means designated recyclable materials from the two commercial subcategories of “office” and “hospitality.” Materials include, but are not limited to: office paper, cardboard, newspaper, and aluminum from offices; and cardboard, glass bottles and jars, plastic bottles, aluminum, tin and bi-metal cans, and white goods from hospitality establishments.

“Compactor containers” means those fully enclosed metal containers of two to 40 cubic yards provided by the City’s hauler or customer. Compactors typically serve very large quantity generators.

“Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source-separated from the municipal solid waste stream.

“Composting” means the process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and which stabilizes the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner for a period of 30 to 90 days.

“Construction” means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

“Construction and demolition waste” means used or discarded materials removed from the premises during demolition, dredging, grubbing, and building, resulting from construction, remodeling, repair, and/or demolition activities on housing, commercial, governmental buildings, and other structures and pavement.

“Containers” mean those receptacles used in collection and shall conform to the specifications defined in this chapter.

“Contract or franchise agent(s)” means any person or private or public entity designated by the City Council or other legally authorized public agency, as being responsible for administering the collection, processing and/or disposal of solid waste or designated recyclables.

“Conversion rate” means the rate set forth in the standardized conversion rate table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management report.

“Covered project” shall have the meaning set forth in Section 6.42.310.

“Curbside collection” means the service of removing and conveying nonhazardous and noninfectious solid waste, source-separated recyclables and/or green waste from the public thoroughfare at the curb or alley. (The City shall make the final determination regarding eligibility for curbside collection, which shall generally apply to small quantity generators.)

“Demolition” means the decimating, deconstructing, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

“Designated containers” (“containers”) shall mean those containers designated by the City Manager for temporary storage and collection of waste or designated recyclables including but not limited to curbside bins, carts, bins, roll-off boxes, and/or compactor containers.

“Designated recyclables” means those materials designated by the City Manager for recovery or reuse. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been separated from other small quantity or large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclable materials collected under a mixed waste processing program. The list includes, but is not limited to: newspaper (ONP), mixed paper (MP), corrugated cardboard (OCC), steel, tin and bi-metal cans, aluminum containers, white goods, glass food and beverage containers, No. 1 and No. 2 plastic containers, all California redemption containers, used oil, used oil filters, green waste, clean lumber, concrete and asphalt.

“Designated solid waste and recycling collection or storage location” means a place designated by the City Manager for storage and/or collection of waste, manure, green waste and/or recyclables. Designated locations include, but are not limited to, the curb, alley, waste/recycling enclosure, a loading dock, or basement of a commercial enterprise or multifamily complex where waste and recyclables are placed for collection or temporary storage prior to collection by the City’s franchise agent.

“Diversion requirement” means the diversion of 100 percent of inert waste, to include asphalt, concrete, bricks, tile, trees, stumps, rocks, and associated vegetation and soils resulting from land clearing, and not less than 50 percent of the remaining waste generated, via reuse or recycling, unless a partial or full diversion exemption has been granted pursuant to Section 6.42.310, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Waste Management Report Compliance Official for the project.

“Divert” means to use material for any purpose other than disposal in a landfill or transformation facility.

“Franchised hauler” means a hauler holding a franchise, contract, license or permit issued by the agency which authorizes the exclusive or nonexclusive right to provide solid waste handling services within all or part of the jurisdictional boundaries of agency.

“Franchised recyclables” means any residential, commercial or industrial recyclables, as defined herein, to be collected by the City’s contract agent or franchisee, placed in designated recycling containers or at designated recycling collection or storage location(s).

“Garbage” means all nonhazardous, noninfectious organic waste including: kitchen and table waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of foodstuffs.

“Generator” means every owner, tenant, occupant or person owning or having the care and control of any premises in the City including the temporary use of parks, open space or a public thoroughfare.

“Glass bottles and jars” means food and beverage containers made from silica or sand, soda ash, and limestone, the product being transparent or translucent and being used for packaging or bottling, including container glass designated redeemable under the California Beverage Container Recycling and Litter Reduction Law, Division 12.1 (commencing with Section 14500) of the California Public Resources Code, as well as glass jars and bottles without redeemable value (“scrap”), but excluding household, kitchen, and other sources of noncontainer glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not bottles or jars.

“Grantee” shall mean the City’s franchise agent(s).

“Green waste” means leaves, grass, clippings, brush and branches generated from landscapes or gardens at residential or commercial premises, and incidental pieces of scrap lumber no longer than 24 inches, separated from other residential solid waste. “Green waste” includes holiday trees but does not include stumps or branches exceeding four inches in diameter or four feet in length or palm tree fronds. Green waste may include animal manure up to 25 percent of the volume of a green waste container.

“Hazardous or toxic waste” means any waste material or mixture of wastes which is toxic, corrosive, flammable, explosive, an irritant, a strong sensitizer, and which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of, any disposal of such wastes or mixtures of wastes as defined in Section 25117 of the California Health and Safety Code, which is not legally disposable at a Class III landfill.

“Hospitality” means any establishment that offers dining services, food or beverage sales. This includes taverns, bars, cafeterias, and restaurants, as well as motels and hotels (temporary housing of less than one month duration), hospitals, schools, colleges, and other such establishments that have dining services, or a restaurant or bar, on their premises.

“Improper disposal” means the discarding of any item or items upon public or private premises that were not generated on the premises as a part of its authorized use, unless written consent of the property owner is first obtained.

“Improper disposal site” means any premises that have intentionally or unintentionally accumulated solid waste or recyclables and/or charged a fee for accepting material without a solid waste or composting permit from the County local enforcement agency. This does not include businesses licensed and permitted in the City to purchase source-separated recyclables.

“Incidental waste” means less than one pound of waste deposited in a public litter bin or designated waste container to prevent litter, such as waste from a fast food meal deposited in a designated waste container or public litter bin by a pedestrian or vehicle operator.

“Industrial” means any form of mechanized manufacturing facilities, factories, refineries, and construction and demolition operations, excluding hazardous waste operations.

“Industrial generator” means any property or generator that is engaged in the manufacture of products including but not limited to construction and demolition. Industrial generators are typically serviced by roll-off box containers of 10-yard to 40-yard capacities and typically generate inert materials such as asphalt, concrete, building debris and some wood and dry green waste.

“Industrial recyclables” means recyclables from industrial, construction, and demolition operations, including, but not limited to, asphalt, concrete, dirt, land-clearing brush, sand and rock.

“Industrial solid waste” means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, and/or publicly operated treatment works, excluding recyclables and compostables, if properly handled and treated, and excluding hazardous or toxic waste.

“Inert waste” means materials such as concrete, soil, fully cured asphalt, bricks, rocks, slag, ceramics, earthen cooking ware, clay and clay products, crushed glass, fiberglass, roof shingles, and plaster. Inert waste does not contain putrescible waste or compostable waste.

“Institutional” shall mean any premises owned and/or occupied by local, State and Federal agencies, typically office or education facilities with a common waste stream.

“Integrated solid waste management” means a planned program for effectively controlling the storage, collection, transportation, processing and reuse, conversion, or disposal of solid waste, recyclables and/or compostables in a safe, sanitary, aesthetically acceptable, environmentally sound and economical manner. It includes all administrative, financial, environmental, legal and planning functions as well as the operational aspects of solid waste handling, disposal, litter control and resource recovery systems necessary to achieve established objectives.

“Landfill” means a disposal system by which solid waste is deposited in a specially prepared area which provides for environmental monitoring and treatment pursuant to the California Code of Regulations, California Public Resources Code and the Federal Resource Conservation and Recovery Act.

“Manure” means a solid waste composed of excreta of animals and residual materials that have been used for bedding, sanitary, or feeding purposes for such animals.

“Mixed waste processing” means a system of recovering recyclables from the mixed waste stream through separation at a processing facility, transfer station, landfill, or other such facility, instead of separation at the primary waste generation source.

“Multifamily” means a structure or structures containing a total of four or more dwelling units in any vertical or horizontal arrangement on a single lot or building site.

“Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including streets, catch basins, curbs, gutters, natural or manmade channels, or storm drains) owned or operated by a public body having jurisdiction over disposal of stormwater or other wastes.

“Newspaper” means newsprint-grade paper including any inserts that come in the paper, and excluding soiled paper, all magazines and other periodicals, telephone books, as well as all other paper products of any nature.

“Noncovered project” shall have the meaning set forth in Section 6.42.310.

“Nuisance” means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood, or any number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing, or disposal of solid waste, compost, and/or designated recyclables.

“Office” or “offices” for purposes of this chapter shall mean any office, combination of offices, or connected building or office space regardless of office affiliation, ownership, or occupancy. This includes, but is not limited to, businesses used for retail, wholesale, professional services, legal services, financial services (to include banks), medical services, shipping and receiving areas, churches, schools, colleges, and libraries.

“Office paper” means waste paper grades of white and colored ledgers and computer paper. Examples include forms, copy paper, stationery, and other papers that are generally associated with desk and employee work area activity, and any additional materials to be added by ordinance.

“Organic waste” (also referred to as “organics”) means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.

“Other haulers” means a hauler holding a contract with another public agency other than the City which authorizes the right to provide waste handling services within all or part of the jurisdictional boundaries of the City.

“Performance deposit” means cash, money order, or check in the amount set forth in Section 6.42.310(B)(3).

“Person” means any property owner, resident, occupant, firm, partnership, association, corporation, company or organization of any kind.

“Plastic bottle” means a plastic container with narrow neck or mouth opening smaller than the diameter of the container body, used for containing milk, juice, soft drinks, water, detergent, shampoo or other such substances intended for household or hospitality use; to be distinguished from nonbottle containers (e.g., deli or margarine tub containers) and from nonhousehold plastic bottles such as those for containing motor oil, solvents, and other nonhousehold substances.

“Pollution” means the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such quantity, or such nature and duration, or under such condition, that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered.

“Processing” means the reduction, separation, recovery, conversion, or recycling of any component(s) of solid waste.

“Project” means any activity which requires an application for a construction or demolition permit, or any similar permit from the City of Norco.

“Putrescible wastes” means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas by-products. Material in this category includes, but is not limited to, kitchen waste, dead animals, food from containers, etc., except organic wastes separated therefrom and used in composting.

“Recyclables” means any materials that are recyclable, reclaimable, and/or reusable within the following generating categories: small quantity generator and large quantity generator. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been separated from other small or large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclable materials collected under a mixed waste processing program.

“Recycling” shall mean any process by which materials (manure, recyclables and organics) which would otherwise be discarded, deposited in a landfill or transformation facility and become solid waste are collected (source-separated, commingled, or as “mixed waste”), separated and/or processed, and returned to the economic mainstream in the form of raw materials or products or materials which are otherwise salvaged or recovered for reuse.

“Refuse” means garbage and rubbish.

“Removal” means the act of taking solid wastes or designated recyclables from the place of generation either by the contract or franchise agent(s), or by a person in control of the premises.

“Removal frequency” means frequency of removal of solid wastes or recyclables from the place of generation.

“Renovation” means any change, addition, or modification in an existing structure.

“Residential,” for purposes of this chapter, means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, including single- and multiple-family dwellings, apartment-hotels, boarding and lodging houses. “Residential” does not include short-term residential uses, such as motels, tourist cabins, or hostels which are regulated as hospitality establishments.

“Residential recyclables” means those specific recyclable materials from residential solid waste (single-family and multifamily) including, but not limited to, aluminum, glass bottles and jars, newspaper, plastic bottles, tin and bi-metal cans, white goods, manure, and green waste.

“Reuse” means further or repeated use.

“Roll-off service” means service provided for the collection, removal and disposal of commercial and industrial waste such as construction, demolition and other primarily inert nonputrescible wastes and green wastes. Roll-off service is usually provided using open top metal containers (10 to 40 cubic yards).

“Rubbish” means nonputrescible solid wastes such as ashes, paper, glass, bedding, crockery, plastics, rubber by-products or litter. Such materials that are designated as recyclable or compost may be exempt from categorizing as rubbish; provided, such materials are handled, processed and maintained in a properly regulated manner.

“Salvaging or salvageable” means the controlled and/or authorized storage and removal of solid waste, designated recyclables or recoverable materials.

“Scavenging” means the uncontrolled and/or unauthorized removal of solid waste, designated recyclables or recoverable materials. Such activity is unlawful and is subject to civil penalties under Section 1.04.010 and Chapter 9, Section 41950 of the California Integrated Waste Management Act of 1989.

“Self-haul or self-hauling” means a generator or responsible party who transports his or her own recyclable or compostable materials to a recycling facility or its corporate yard for processing by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the hauling services of a franchise hauler, other haulers or authorized recycler. All self-haulers must provide an annual report to the City outlining the tonnage of material recycled each year.

“Solid waste” means all putrescible and nonputrescible solid, semisolid and liquid wastes, such as refuse, garbage, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer/processing stations or disposal sites, which are generated by residential, commercial or industrial sites within the City. Solid waste shall not include: hazardous and infectious waste, sewage collected and treated in a municipal or regional sewage system or materials or substances having commercial value or other importance which can be salvaged for reuse, recycling, composting or resale.

“State” shall mean the State of California.

“Storage” means the interim containment of solid wastes, green wastes, or recyclables in an approved manner after generation and prior to disposal, collection or processing. (“Interim” means for one week or less; roll-off containers may store nonputrescible waste for up to 30 days.)

“Streets and byways” shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City, including State highways now or hereafter established within said City.

“Tin and bi-metal cans” means any steel food and beverage containers with a tin or aluminum plating.

“To segregate waste material” means any of the following: the placement of designated recyclables in separate containers; the binding or bagging of designated recyclables separately from other waste material and placing in a separate container from refuse, or the same container as refuse; and the physical separation of designated recyclables from other waste material (either at the generating source, solid waste transfer station, or processing facility).

“Total project costs” means the total value of a project as calculated using Norco’s standard valuation multipliers.

“Transfer or processing station” means those facilities utilized to receive solid wastes and to temporarily store, separate, convert, or otherwise process the solid waste and/or recyclables.

“Unit” means an individual residence contained in a residential multifamily complex.

“Waste management report (WMR)” means a WMR form, approved by the City Manager or designee, for the purpose of compliance with this chapter.

“Waste Management Report Compliance Official” means the designated staff person(s) authorized by the City Manager and responsible for implementing the construction and demolition debris recycling program.

“White goods” means kitchen or other large enameled appliances which include, but are not limited to, refrigerators, washers, and dryers.

“Vector” means any nuisance such as odor, unsightliness, sound, or a carrier, usually insects or rodents, which are capable of transmitting a disease. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.030 Franchise agreements.

The City may provide for the collection, transportation, and disposal of solid waste by franchise. If the City awards an exclusive franchise, the terms of the franchise agreement shall govern the rights and obligations of the City and the franchisee, unless otherwise stated in this chapter.

At its discretion, the City Council may grant franchises to qualified parties to collect and haul solid waste and/or recyclables as permitted by law in the City on such terms and conditions as may be agreed to by the City and by the party or parties receiving the franchise or franchises. Franchises as granted by the City Council may be nonexclusive, exclusive, or partly exclusive and partly nonexclusive. The Council may grant franchises through the process of negotiation or pursuant to competitive bidding.

In the event that the City, pursuant to Public Resources Code Section 40059, awards an exclusive franchise to provide for refuse collection, recycling and disposal services, a franchise fee based on a percent of franchisee’s gross revenues from all services shall be imposed by the City to defray the costs of public services, maintaining and repairing City rights-of-way affected by heavy equipment used by the franchisee. The fee shall also be paid in the same amount by other haulers who have hauling contracts approved by other public entities. The franchise fee shall be determined by fee resolution approved by City Council.

Other public agencies may elect to contract with a different solid waste hauler to service their respective agency properties but said hauler shall pay fee at the same rate provided under the franchise agreement granted by the City to franchise haulers. To the extent that any provision of the franchise agreement is inconsistent with this chapter, the provision of the franchise agreement shall prevail. Notwithstanding the above, this provision shall specifically not preclude individual residential property owners from recycling personally any of their own refuse; nevertheless, all persons and entities shall be required to participate in any franchise program enacted by the City pursuant to the California Integrated Waste Management Act of 1989. In the event that an eligible property owner, such as a government entity, lawfully contracts with a waste hauler other than the exclusive franchisee for refuse collection, recycling and disposal services, a franchise fee as listed above of hauler’s gross revenues from all services shall be imposed by the City to defray the costs of maintaining and repairing City rights-of-way affected by heavy equipment used by the private contractors. Any waste hauler not bound to an exclusive franchise agreement shall provide detailed quarterly reports on its activities in a form approved by the City. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.040 Collection supervision.

All solid waste accumulated in the City shall be collected, conveyed and disposed of by the City or its duly authorized agent under the supervision of the City Manager or his designated representative. The City Manager shall have the authority to make regulations concerning the days of collection, type and location of waste containers, and such other matters pertaining to the collection, conveyance and disposal as he/she shall determine to be reasonable or necessary.

A. Appeals. Any person aggrieved by a regulation of or fee charged by the City shall have the right to appeal per Section 6.42.130, Appeal.

B. Log Book. Each contractor shall maintain a log complaint book in which all complaints received are recorded together with the manner in which the complaint was rectified. The log complaint book shall be available for inspection by the City Manager or his designated representative. City shall also maintain log of any complaints it receives and provide said complaints to the franchise hauler. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.050 Preparation of solid waste.

A. Garbage. All garbage, before being placed in garbage containers for collection, shall have been drained of all free liquids and shall be wrapped in paper.

B. Rubbish. All rubbish shall be drained of liquid before being deposited for collection.

C. Cans and Bottles. All cans and bottles which have contained food shall be drained before being deposited for collection.

D. Trimmings and Clippings. Tree trimmings, hedge clippings and similar material not deposited within collection containers shall be cut to length not to exceed four feet and securely tied in bundles not more than 18 inches thick before being deposited for collection.

E. All refuse shall be placed in containers so as to freely empty to avoid damage to the container and injury to employees. Refuse shall not protrude above the top of the container. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.060 Restrictions on collected articles.

Heavy articles, such as trees, logs, building materials of any kind, grass from renovating, sod, dirt, rocks, or similar material, will not be picked up on regular collection. Arrangements may be made by the contractor or the City Manager for collection of this material and extra charges will be assessed depending on the amount of time required. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.070 Solid waste containers.

A. Duty to Provide and Maintain in Sanitary Condition. Solid waste containers shall be provided by the waste hauler. Refuse containers shall be maintained in good and sanitary condition at all times by residents. Any container that may become damaged shall be replaced by the waste hauler pursuant to the terms of their agreement.

B. Containers shall be of metal, plastic or otherwise impervious material, equipped with suitable handles and tight-fitting covers, and shall be watertight. All containers shall be sized pursuant to the approved agreement and supplied by the waste hauler. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.080 Solid waste storage.

A. Prohibited. No person shall store any garbage, refuse boxes, barrels or containers of any type within any street, right-of-way, or within any required front yard or side yard abutting the street. In addition, no such storage shall be maintained between any front lot line or side line or side yard line abutting the street and the main building on such lot in the agricultural or residential zoned property (A-1 or R-1).

B. Definition. “Storage,” as used in this section, means the placing or maintaining of solid waste containers of any type for any period of time, but shall not include the temporary accumulation of refuse during the period of time that an owner or occupant of property is actually engaged in lawn cutting, tree or shrubbery trimming, or clearing of property of refuse.

C. Exception. The preceding shall not preclude the placing or maintaining of garbage or rubbish in the proper containers within the street right-of-way in front of the premises from which it emanates; provided, that no solid waste or containers shall be placed in the traffic lanes, equestrian trails, or in an area that would be deemed hazardous. No solid waste or container shall be placed within any of the above mentioned areas earlier than 4:00 p.m. of the day preceding the date specified for that property’s collection of garbage and rubbish from such premises. No solid waste or container shall be allowed to remain within the parkway later than midnight of the day specified for the collection of solid waste from such parkway, whether or not solid waste is actually collected on such date.

D. Solid Waste Storage in a Commercial and Industrial Zone. No person shall store any garbage, refuse, boxes, barrels, or containers of any type outside of an enclosed masonry trash enclosure to be constructed no less than six feet in height. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.090 Collection practices.

A. Frequency of Collection. All solid waste accumulated from all single-family and multifamily units shall be collected at least once each week.

B. Limitation on Time Containers May Remain Out Before and After Collection. In no event shall solid waste containers remain in the vicinity of any right-of-way either before or after collection for a total time period of over 24 hours.

C. Limitation on Quantity. A reasonable accumulation of solid waste shall be collected from each household and the refuse containers shall have a capacity as supplied by the waste hauler per the approved agreement.

D. Dumping Trash on Street. No person shall dispose of or dump upon any public property, street, or alley of the City, or upon any property of another, except such property as may be provided and set apart for such use by the City, any tin cans, bottles, junk, trash or rubbish or any waste matter of any kind or composition. The City Council may enter into a contract for the collection and disposal of said material and rubbish, and may provide such rules for the regulation thereof as it may from time to time deem best and necessary.

E. Dumping Trash on Private Property. No person shall dispose of or dump upon any private property within the City any tin cans, bottles, junk, trash or rubbish or any waste material of any kind or composition.

F. Collection.

1. Requirements for Vehicles. Collectors of solid waste who desire to haul over the streets of the City of Norco shall use a watertight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom, and refuse from being blown, dropped or spilled.

2. Disposal. Disposal of solid waste by persons so permitted under subsection (A) of this section shall be made outside the City limits, unless otherwise specifically authorized by the City. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.100 Rules and regulations.

The City Council shall have the power to establish rules and regulations respecting the accumulation, collection, transportation and disposal of solid waste not inconsistent with any appropriate ordinances or laws; and provided, that such rules and regulations are found to be reasonable, necessary or convenient by the City Council for the preservation of the public health, safety, and welfare. Such rules and regulations as established by the City Council shall be in writing and shall be a public record. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.110 Charges—Determination—Liability of payment.

There are imposed by the City fees and charges for the collection, removal and disposal of refuse within the City. Fees and charges for such collection, removal and disposal services shall be those which the City Council may from time to time hereafter determine, fix and establish by resolution and the same shall be applicable for the respective periods designated in or covered by such respective resolutions.

The occupants of all residential property or premises where refuse is produced or generated, regardless of whether the occupant places such refuse for collection in a manner prescribed in this chapter or not, and regardless of whether the occupant has any refuse for collection, shall be liable for the payment of all such fees and charges. Should any occupant thereof fail to pay all such fees and charges before the same become delinquent, then, and in either such event, the owner of such premises or property shall be liable for the payment of all such fees and charges, including any delinquency. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.120 Charges—Billing and collection.

Every occupant or owner of residential property or premises in the City of Norco shall be billed as provided for in Section 14.04.090. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.130 Appeal.

Any occupant or owner of any residential property or premises in the City who has been billed for solid waste collection services and who desires to contest the extent, degree or reasonableness of the charges may dispute the billing as provided for in Section 14.04.100. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.140 Charges—Exemption—Self-haul permit.

Notwithstanding anything to the contrary in this chapter, one may provide his own service for the removal or disposal of garbage and waste matter created from his own residence upon making application for and receiving the necessary permit from the Public Works Director. The Public Works Director shall issue a permit upon determining that the residential property is at least one acre in size, and that the applicant is able to dispose of the refuse by transporting the refuse to a County-approved sanitary fill in a safe and sanitary manner in accordance with the provisions of a self-haul permit. Such permit shall expire one year after the date of its issuance, and may be renewed by the permittee for periods of one year each upon written application to the Public Works Director made prior to the expiration of the initial permit or any prior renewal thereof. A denial of an application for a permit or renewal thereof may be appealed to the City Council by the applicant by filing with the City Clerk a notice of appeal within 10 days after receipt of the Public Works Director’s written notice of denial. The decision of the City Council shall be final. No permit issued hereunder shall be transferred to any subsequent occupant of the same residence. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.150 Payment of bills.

The billing for solid waste collection charges shall appear on the same bill as that for water services. The total amount for all trash services shall be payable as provided for in Section 14.04.090. Collection charges billed by the City are due and payable upon deposit by the City in the United States mail. If service is discontinued for nonpayment per Section 14.04.110, a reconnection charge, collection fee and penalties or deposits pursuant to Sections 14.04.060 and 14.04.110 shall be paid to the City prior to City restoring said services. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.160 Penalty.

Any solid waste collection billing that is not paid on the due date is subject to penalties as provided for in Section 14.04.090. The Finance Officer or his/her designee shall have the authority to waive or remove penalty charges for reasonable causes. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.170 Disconnection of water service for nonpayment of solid waste collection charges.

The City may discontinue water service to any person who has not paid in full any bill for solid waste collection service including all penalties and late charges thereon as provided in Section 14.04.110. If a customer received refuse collection service or benefit at more than one location and a bill at any one location is not paid within the time provided for payment, water service at all locations may be turned off. The customer will be charged for water, sewer, and refuse collection services during the period in which water service is shut off. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.180 Solid waste collection charge assessment.

Should the owner or occupant of any property in the City fail, refuse or neglect to pay in accordance with the provisions in this chapter the refuse collection service charge assessed, then all costs incurred by the City shall be recoverable by the City and charged against the real property. Notice shall be given to the property owner as of the latest tax roll of the amount of such delinquency, and further declare that the City Council shall at its next regular meeting review and approve as an assessment against the property the amount delinquent and unpaid. If the total assessment determined and approved by the City Council is not paid within 10 days after such determination, there shall be recorded in the office of the County Recorder a statement of the total balance due, together with the legal description of the property affected. From the date of such recordation, the balance due shall be a special assessment against the real property. This assessment shall be collected at the same time and in the same manner as are County taxes, and shall be subject to the same penalties and to the same procedure and sale in case of delinquency as provided for ordinary County taxes. All laws applicable to levy, collection and enforcement of County taxes shall be applicable to such special assessment. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.190 Manure collection.

It is the intent of this section to outline best management practices and to establish regulations for the proper handling, temporary storage, collection, and disposal of manure in the City of Norco. These practices are designed to prevent the discharge of pollutants into stormwater runoff which enters the municipal separate storm sewer system (MS4), prevent leaching of nutrients into the groundwater and to minimize fly breeding and wind induced pollutants from stored manure. This chapter also requires all persons in the City of Norco who keep livestock to participate in the City’s manure collection program and pay the associated service fees. This is in pursuance of and in conjunction with existing environmental and water quality laws and regulations including Chapter 15.70, the municipal separate storm sewer system permit (MS4 permit), the National Pollutant Discharge Elimination System (NPDES), and the Federal Clean Water Act (33 U.S.C. Section 1342).

The standards, regulations, and best management practices established in this chapter shall apply to all persons within the City limits of the City of Norco. Such persons who keep livestock shall participate in the City’s manure collection program and pay the attendant fees. Persons who do not keep livestock shall not be required to participate in the manure collection program. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.200 Best management practices for manure storage and disposal.

It shall be unlawful for any person to store or dispose of manure except by best management practices. Best management practices for the proper storage and disposal of manure must eliminate or minimize the potential of runoff containing pollutants and leaching of nutrients into groundwater or surface waters from areas where manure accumulates or is temporarily stored, and are as follows:

A. Manure Storage on Private Property.

1. Manure shall be removed from stalls, paddocks, arenas, corrals and other livestock keeping areas on a regular basis, i.e., daily is best but at a minimum weekly is required.

2. Manure shall be stored in containers which are approved by the City or in a designated manure waste storage area constructed in conformance with the minimum guidelines established in this chapter.

3. Manure storage, whether in a cart, dumpster bin, roll-off box or constructed structure, shall be stored at least 35 feet from the nearest neighboring dwelling unit.

4. Approved containers are those supplied by the City’s franchise hauler and include carts, two-yard bins and roll-off boxes or otherwise approved by the Director of Public Works. All such containers shall be equipped with working lids to minimize water accumulating within the container.

5. Manure storage areas shall be constructed in such a manner as to minimize potential runoff. No manure storage structure or container shall be placed within 10 feet of a flood control channel or open storm drain. Storage areas shall be constructed with a three-walled, fireproof structure on a concrete base with a roof or tarp per standards established by the Public Works Director.

6. Manure runoff which discharges onto adjacent property, onto City streets, horse trails, or into flood control channels is prohibited, and allowing such to occur, intentionally or negligently, shall be in violation of this chapter.

B. Manure Collection Services.

1. Persons who keep livestock shall regularly dispose of accumulated and stored manure. Manure shall be removed from properties on a weekly basis unless an approved hauler scheduling allows for a variation.

2. All persons who keep livestock shall participate in the City manure collection program. The collection and transportation of manure from commercial and private properties within City boundaries shall be done utilizing the City designated franchise manure disposal contractor. However, persons who have been issued a valid self-haul permit may privately haul their manure to an approved designated disposal facility in lieu of the City’s manure collection contractor. In order to do so, such persons must be issued a self-haul permit from the City’s Public Works Director. Such permits shall be reviewed annually. Self-haul or self-hauling of manure is defined as a generator or responsible party who transports manure that is generated on site to a City approved recycling facility by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the services of the City’s franchise hauler. All manure self-haulers must obtain an annual self-haul permit and provide an annual report to the City outlining the tonnage of material recycled each year.

C. Manure Spreading and Composting.

1. Manure spreading over arenas, pastures, corrals or other livestock areas as an alternative means of disposal is prohibited and shall be in violation of this chapter.

2. Manure composting is prohibited and shall be in violation of this chapter. (Ord. 1062 Sec. 1, 2020; Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.210 Manure related charges, billing and collection.

Every person or owner of residential, commercial or public property or premises in the City of Norco that keeps livestock shall be billed for manure collection services pursuant to approved City billing practices. In accordance with the refuse service agreement, the City may handle contractor’s billings, collections and payments due contractor from persons served. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.220 Requirement to participate in the City’s manure program.

Every person or owner of residential, commercial or public property in the City of Norco that keeps livestock shall adhere to all manure management practices. Failure to participate in the City’s manure collection program shall subject the violator to the general penalties set forth in Chapter 1.04 and to administrative citations pursuant to Chapter 1.05. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.230 Manure self-haul permit.

Notwithstanding anything to the contrary in this chapter, one may provide his/her own service for the removal or disposal of manure created from his/her own residence upon making application for and receipt of the necessary permit from the Director of Public Works. The Director of Public Works shall issue a permit upon determination that the applicant is able to dispose of the manure by transporting the manure to a City approved recycling facility in a safe and sanitary manner in accordance with the provisions of a self-haul permit. Self-haul or self-hauling of manure is defined as a generator or responsible party who transports manure that is generated on site to a City approved recycling facility by using a vehicle owned by that generator or generator’s employees or the responsible party rather than using the services of the City’s franchise hauler. All manure self-haulers must obtain an annual self-haul permit and provide an annual report to the City outlining the tonnage of material recycled each year. Such permit shall expire on the thirty-first of December each year, and may be renewed by the permittee for periods of one year upon written application to the Director of Public Works made prior to the expiration of the initial permit or any prior renewal thereof. A denial of an application for a permit or renewal thereof may be appealed to the City Council by the applicant filing with the City Clerk a notice of appeal within 10 days after receipt of the Director of Public Works’ written notice of denial. The decision of the City Council shall be final. No permit issued hereunder shall be transferred to any subsequent occupant of the same property. (Ord. 1062 Sec. 1, 2020; Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.240 Mandatory recycling.

It shall be mandatory for all generators of residential, commercial, and industrial recyclables in the City that generate the minimum volume of refuse specified in any existing or future State laws or regulations (including but not limited to Public Resources Code Section 42649.2) to separate from refuse, for recycling purposes, all designated recyclables, to arrange for recycling services, and otherwise participate in recycling as described by this chapter. Furthermore, it shall be mandatory for all residential, commercial and industrial generators of organic waste in the City that generate the minimum volume of organics specified in any existing or future State laws or regulations (including but not limited to Public Resources Code Section 42649.81) to separate from refuse, for recycling purposes, all designated organics, to arrange for recycling services, and otherwise participate in recycling as described by this chapter. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.250 Recycling programs.

A. The City Manager shall establish and promulgate reasonable regulations, guidelines and other program-related specifics as to the implementation of recycling programs for residential, commercial, and industrial recycling, including the method for collection of designated recyclables and organics.

B. Commercial and industrial establishments shall develop their respective in-house recycling plans that provide for the collection of designated recyclables and organics in conjunction with the City’s established recycling programs. The City and the contract or franchise agent(s) shall assist in program development and provide technical expertise and training materials.

C. Collection of recyclables from single-family residential units shall minimally occur once weekly. For commercial and industrial entities, collection of recyclables and organics shall be provided as needed to meet demand. However, due to the nature of decomposition of organic material the frequency of collection of organics shall be at a minimum on a weekly basis.

D. The City encourages use of buy-back centers, donation centers (for used furniture and other reusable bulky items, and nonprofit agents), scrap dealers, home and commercial composting, source reduction, and other creative, lawful and environmentally sound efforts to reduce waste in accordance with this chapter that do not conflict with any established or planned City-sponsored recycling, composting or source-reduction programs. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.260 Mandatory fees for recycling.

A. The City Council finds and determines that the regular collection of recyclables or organic materials by the contract or franchise agent(s) of the City from all places in the City is a service to the premises from which it is collected. All owners or occupants of premises generating recyclables shall pay the monthly collection fee charged by the City’s contract or franchise agent, not to exceed the City-approved maximum rates. A schedule of maximum rates shall be kept on file with the City Clerk and is available for public review. Maximum rates may be subject to increase pursuant to the terms of the City’s contract or franchise with the contract or franchise agent(s). Subject to the terms of the then-in-effect contract or franchise, the Council may from time to time establish such rates by resolution, including the establishment of rates for different classifications of quantity generators (small quantity generators, large quantity generators, residential, commercial, or industrial, or subclassifications thereof) or types of materials generated or other classifications which are deemed to be in the public interest.

B. Pursuant to California Public Resources Code Section 41900 et seq., the City may, by resolution of the City Council, impose fees on City generators to pay the actual costs incurred by the City in preparing, adopting or implementing an integrated waste management plan in accordance with State mandates.

C. No person shall willfully fail, neglect or refuse, after demand by the City, to pay the fees provided for herein. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.270 Separation of recyclable and organic materials, storage, and containers.

A. The owner, operator, and/or occupant of any premises, business establishment, industry, or other property, vacant or occupied, shall be rebuttably presumed to be the generators of, and be responsible for the safe and sanitary storage of, all solid waste, designated recyclables, organic materials, and compost accumulated on the property. The designated recyclables, organics, and compost shall be stored separately from refuse. The property owner, operator, or occupant shall store such solid waste, designated recyclables, organics, and compost on the premises or property in such a manner so as not to constitute a fire, health, or safety hazard, and shall require it to be handled in such a manner so as not to promote the propagation, harborage, or attraction of vectors, or the creation of litter or other nuisances.

B. A container or containers for designated recyclables and organics shall be provided by the contract or franchise agent(s) for any premises generating residential or commercial recyclables or organic materials, for the exterior collection of designated recyclables or organic materials. The containers shall effectively segregate the designated recyclables from refuse.

C. All such containers to be used in the City’s recycling programs shall be approved by the City Manager, in conjunction with the contract or franchise agent(s).

D. Designated recyclables and organic materials shall be sorted according to type and/or as established by program guidelines and placed in separate containers, containers with segregated compartments, or commingled (in one recycling container), as agreed upon by the City Manager and the contract or franchise agent(s). Containers, if more than one, shall be grouped together and placed for collection at the same time as when regular refuse collection occurs or at designated recycling collection times (if different from refuse collection) and at designated recycling collection locations.

E. All containers used for recycling purposes, storage or collection, including commercial and industrial recycling containers used in City recycling programs as well as all other containers used for recycling purposes whether owned or operated by a commercial entity, nonprofit organization, or any other person or entity, shall be identified with the name and current telephone number of the owner or the responsible agency or person.

F. Containers which do not comply with the requirements of this section shall be presumed to be refuse and taken by the contract or franchise agent(s) for disposal or potential use as salvaging or recycling containers.

G. It shall be unlawful for any person to dispose, dump, or otherwise place material other than designated recyclables or organics in a designated recycling container or at a designated recycling collection or storage location.

H. Exemption. Designated recyclables or organics which are source-sorted by their generator for the purpose of recycling by selling them to a buy-back center or donating them to a City-licensed nonprofit or community group conducting recycling programs for the purpose of raising funds do not have to be placed in the designated recycling container required by this section, nor placed in a designated recycling collection location in accordance with this section. When designated recyclables or organics are received by a City-licensed nonprofit or community group conducting recycling programs for the purpose of raising funds, they shall be stored and sorted in accordance with this section and transported to a buy-back center for the purpose of recycling. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.280 Recycling reports.

A. All commercial and industrial establishments that self haul their own recycables shall submit recycling tonnage documentation on an annual basis to the City’s Public Works Department, due on or before January 31st, for the previous year. Annual reporting shall be on the form promulgated by the Public Works Department.

B. All applicants for a construction or demolition permit for a covered project must submit a waste management report (WMR) to the Public Works Department for approval, prior to permit issuance, per Section 6.42.310. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.290 Scavenging.

A. It shall be unlawful for any person other than authorized City personnel or contract or franchise agent(s) to remove any separated designated recyclable(s) or salvageable commodity from any designated recycling collection or storage location, or designated recycling container. However, the original generator of the designated recyclables or organics may, for any reason, remove the designated recyclables or organics placed by said generator from the designated recycling container or designated recycling collection or storage location in which said generator had originally placed them.

B. It shall be unlawful for any person to disturb, tip, deface, modify, harm, or otherwise tamper with any container or designated recycling collection or storage location containing designated recyclables, or the contents thereof, or to remove any such container from the location where the same was placed by the generator thereof, or to remove the contents of any such container, unless authorized by the generator of such designated recyclables or duly authorized City personnel or contract or franchise agent(s). (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.300 Composting.

Composting of organic materials on residential properties is allowed in the City based on the guidelines outlined herein. The City reserves the right to inspect and cite any residential property conducting composting to ensure proper methods are being utilized to prevent nuisance odors or potential infestation of bugs or rodents from impacting neighboring properties.

A. Defined. For the purposes of this section, composting is a microbial process that converts plant materials to a usable organic soil amendment or mulch. Compost is the product resulting from the biological decomposition of organic wastes and is intended to be reused as potting soil or soil building amendment on the property where the compost was generated. Compost may not be sold but can be donated to other properties.

B. Compost Location. Composting shall be conducted in a designated location within a covered or uncovered container, enclosed on all vertical sides or in a wind row with adequate protections at ground level to prevent runoff. Containers shall be of a durable material and shall be constructed and maintained in a structurally sound manner. Wood used in the construction of a compost container must be sound and free of rot. Runoff protection should be at least six inches high and made of durable material such as sandbags, wattles or two-inch by six-inch lumber planks.

C. Size. The maximum size for a compost area on lots less than one acre with a residential structure shall be 20 cubic yards. The maximum size for a compost area on lots greater than one acre with a residential structure shall be 40 cubic yards. Composting may not be conducted on undeveloped residential lot.

D. Location on Property. The compost container(s) shall not be located closer than five feet from the rear property line and shall not be located in any required front or side yard as defined in the zoning code, nor closer than 20 feet to any habitable building off of the subject property.

E. Acceptable Materials for Backyard Composting. Composting materials include: food scraps, garden wastes, weeds, lawn cuttings, leaves, pruning, and certain animal waste. Compost piles shall include an appropriate mix of nitrogen-rich materials (or “greens”) and carbon-rich materials (or “browns”) to reduce odor and ensure adequate composting.

F. Prohibited Compost Materials. The following compostable materials shall not be placed in a backyard composting container: meat, fats, oils, grease, bones, whole eggs, milk or other dairy products, human waste, dog or cat waste, pesticides, herbicides, noxious weeds, diseased plant material in which the disease vector cannot be rendered harmless through the composting process, and any other mixed municipal solid waste that may cause a public health risk or create nuisance conditions.

G. Maintenance. Compost materials shall be layered, aerated, moistened, turned, and managed to promote effective decomposition of the materials in a safe, secure and sanitary manner. Compost materials shall be covered with a layer of material such as leaves, straw, wood chips, or finished compost to reduce odor.

H. Educational Materials. The city shall prepare and distribute informational materials to assist persons wishing to conduct source-separated organic composting in an efficient manner that minimizes public nuisance conditions.

I. Abatement. All compost containers and/or compost materials not in compliance with this section shall be declared a public nuisance and are subject to abatement as provided in Chapter 6.22. In addition, the City may require individuals whose compost containers and/or materials are not in compliance with this section to attend a master composter or similar educational program as a condition of continuing to compost on a subject property. (Ord. 1081, 2022; Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.310 Construction and demolition debris recycling.

The provisions of this chapter shall outline the means of achieving compliance with California Green Building Standards Code (Title 24, Part II, Sections 4.408 and 5.408) and this municipal code. Where this municipal code is more stringent, this municipal code applies.

A. Projects.

1. Covered Projects. The following project categories are covered projects and must comply with this section:

a. Any project requiring a permit for demolition or construction, unless defined as a noncovered project in subsection (A)(2) of this section.

b. Any sequenced developments, such as housing subdivision construction or subdivision demolition, must be considered as a project in its entirety for purposes of this section, and not as a series of individual projects.

c. Any individually built single-family home.

2. Noncovered Projects. A performance deposit and waste management report shall not be required for the following:

a. Work for which a construction or demolition permit is not required.

b. Roofing projects that do not include tear-off of existing roof.

c. Work for which only a plumbing, only an electrical, or only a mechanical permit is required.

d. Seismic tie-down projects.

e. Pool demolition project where materials are buried on site.

f. Emergency required to protect public health and safety.

B. Submission of Waste Management Report.

1. Construction and Demolition Waste Management Report Forms. Applicants for any covered project shall complete and submit a construction and demolition waste management report on a waste management report form (WMR) approved by the City for this purpose. The WMR may be administratively updated by the Director of Public Works or his/her designee to meet the requirements of the City and California Green Building Standards Code. The purpose of the WMR is to illustrate how the applicant plans to comply with the diversion requirements per diversion requirement and the California Green Building Standards Code Sections 4.408 and 5.408. Upon project completion, which is defined as the issuance of the certificate of occupancy, the WMR will illustrate how the applicant complied with the diversion requirements prior to the issuance of the certificate of occupancy.

2. Initial Application. Notwithstanding any other provision of this code and California Green Building Standards Code, no construction or demolition permit may be issued until the initial construction and demolition waste management report has been approved by the Public Works Department. The Public Works Department will respond to the applicant’s WMR submittal within 10 business days with an approval, denial or request for clarification.

3. Amount of Performance Deposit. The applicant for any covered project shall submit to the City a performance deposit for tenant improvements and individual single-family home construction, remodel, addition or renovation projects. The amount of the performance deposit shall be calculated as the greater of $250.00 or three-quarters of one percent of the total project cost for new construction and greater of $250.00 or one and one-half percent of the total project costs for demolition projects or $30,000 maximum. Acceptable forms of payment include cash, money order, or check.

Performance deposit funds in the form of cash, money order, or check will be placed in a secured account. The performance deposit shall be returned to the applicant upon acceptance of proof of compliance in full. If partial compliance, the performance deposit will be refunded on a prorated basis dependent on the degree of compliance.

4. Documentation. Within 30 days after demolition is completed (if a demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicant shall submit to the Public Works Department documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (C) of this section. The documentation shall include all of the following:

a. Receipts from the vendor or facility that received each material, showing the actual weight or volume of that material;

b. A copy of the completed waste management report form, in its entirety; photographs and narrative documentation of the applicant’s reuse activities.

5. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction, renovation and demolition waste diverted for reuse or disposed of is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction, renovation and demolition waste shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction, renovation and demolition waste for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used.

6. Determination of Compliance and Release of Performance Deposit. The Public Works Department shall review the information submitted under this section and determine whether the applicant has complied with the diversion requirement, as follows:

a. Compliance. If the Public Works Department determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the release of the performance deposit to the applicant within 60 days of the applicant’s submission of the documentation required under this section. If the applicant has complied in part, a portion of the performance deposit will be withheld. The amount withheld will be proportional to the percentage of materials that are not recycled/diverted.

b. Noncompliance. If the Public Works Department determines that the applicant failed to submit the documentation within the required time period, then the performance deposit shall be forfeited to the City. All forfeited and/or unrecovered funds shall be used for waste reduction and recycling activities.

C. Exemption.

1. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may request an exemption at the time that he or she submits the WMR. The applicant shall indicate on the WMR the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

2. Meeting with Public Works Department. The Public Works Department shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement.

3. Granting of Exemption. If the Public Works Department determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMR submitted by the applicant. The Public Works Department shall return a copy of the WMR to the applicant marked “Approved with Exemption.” The applicant shall then be responsible for diverting the revised rate noted by the Public Works Department on the approved WMR, in compliance with the provisions of this section.

4. Denial of Exemption. If the Public Works Department determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall resubmit a WMR form in full compliance with this section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not comply with this section, the Public Works Department shall deny the WMR.

D. Appeal. Appeals of a determination made by the Public Works Department under this section shall be made to the City Manager or designee. The appeal shall be in writing and filed with the City Clerk within 10 business days of issuance of the Public Works Department decision. The appeal shall be limited to the following issues: (1) the granting or denial of an exemption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.320 Enforcement.

A. The City Manager or designee is responsible for enforcing the provisions of this chapter.

B. Types of materials included in designated recyclables or organics may be administratively added or deleted by the City Manager under emergency conditions (to include market failures), subject to formal ordinance amendment approved by the City Council, if such conditions persist.

C. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. In addition to other remedies provided by law, any person violating any provision of this chapter for failing to comply with any of the requirements is deemed guilty of an infraction in the manner provided in Section 1.04.010.

D. Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person.

E. Each such violation shall be subject to the provisions of Section 1.04.010.

F. Nothing in this chapter or its implementing regulations shall prevent the City or its contract or franchise agent(s) from efforts to obtain voluntary compliance by way of warning, notice of violation, educational or other means. (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)

6.42.330 Violation—Penalty.

Any person, firm or corporation who shall violate any provision of this chapter shall be subject to the provisions of Section 1.04.010. Any person, firm or corporation that provides waste services and/or transports refuse or recyclables within the incorporated area of the City shall provide monthly, quarterly, and annual tonnage reports in compliance with AB 939 (California Public Resources Code Section 41000 et seq., as amended). (Ord. 1049 Sec. 1, 2019; Ord. 1045 Sec. 1, 2019)