Chapter 8.18
MANDATORY COMMERCIAL AND MULTIFAMILY RESIDENTIAL RECYCLING

Sections:

8.18.010    Purpose.

8.18.020    Definitions.

8.18.030    Solid waste customers.

8.18.040    Commercial generators.

8.18.050    Multifamily generators.

8.18.060    Special events.

8.18.070    Provisions for self-haulers.

8.18.080    Solid waste collectors.

8.18.090    Exclusions.

8.18.100    Exemptions.

8.18.110    Enforcement.

8.18.010 Purpose.

The purpose of this chapter is to:

A. Establish requirements for the collection and recycling of recyclable materials and collection and organics processing of organic materials generated from commercial facilities, multifamily dwellings, and special events. These requirements are intended to accomplish the following:

1. Assist the city in complying with AB 939, which requires each local jurisdiction in the state to divert fifty percent of waste from landfill garbage disposal, and AB 32, requiring that commercial generators statewide participate in recycling programs.

2. Assist the city in complying with AB 341 and AB 1826, which provide for mandatory commercial and organics recycling.

3. Augment voluntary recycling efforts to further the city’s recycling and diversion goals.

4. Reduce greenhouse gas emissions associated with the mining and manufacturing of goods from virgin materials and associated with the disposal of solid waste in landfills.

5. Further protect the natural environment and human health as well as enhance the economy through increased recycling and organics processing activities;

B. Provide for enforcement through the use of administrative fines for violating the requirements of this chapter;

C. Provide exclusions and exemptions for select solid waste customers, commercial generators, and special events who are not included or able to comply with this chapter or for whom the chapter poses an undue burden. (Ord. 729 § 1, 2018)

8.18.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:

“Business” means any person or entity that possesses or is required to possess a business license as required by PVEMC 5.16.010.

“City” means the city of Palos Verdes Estates.

“Collect” or “collection” means to take physical possession, transport, and remove solid waste, targeted recyclable materials, organic materials, or other materials within and from the city.

“Commercial facility” means any property used for conducting business, including but not limited to a food service establishment, retail facility, office, manufacturing facility, markets, office buildings, hotels, motels, shopping centers, and theaters; any educational, professional, commercial, governmental, institutional, or industrial establishment or facility of any nature whatsoever, except residential, where there is a generation of solid waste, including but not limited to nonresidential sites used by charitable or nonprofit organizations; properties and sites used for special events; or other nonresidential properties located within the boundaries of the city.

“Commercial generator” means any legal entity, except a special event, that generates solid waste at a commercial facility, who may include businesses; charitable or nonprofit organizations, including hospitals, educational institutions, and civic or religious organizations; governmental organizations, agencies, or entities; and nonresidential tenants or entities that lease or occupy space. “Commercial generator” also includes the city and its facilities and nonresidential properties.

“Container” means any bin used to store garbage, recyclable materials, or organic materials and from which solid waste collectors collect these materials. Containers include, but are not limited to, metal or plastic cans, carts, bins, and drop boxes.

“Contamination” means (1) all materials other than those defined as recyclable materials that were placed in a container designated for recyclable materials or were collected by a solid waste collector with recyclable materials; (2) all materials other than those defined as organic materials that were placed in a container designated for organic materials or were collected by solid waste collector with organic materials; or (3) recyclable materials, and organic materials in the case of a food service establishment, that were placed in a container designated for garbage or were collected by a solid waste collector with garbage.

“Disposal” means the ultimate disposition of solid waste collected by the contractor at a disposal site.

“Food service establishment” means any and all restaurants, sales outlets, stores, shops, manufacturers, processors, vehicles or other places of business located or operating within the city that function primarily to sell, manufacture, process, or distribute foods or beverages to consumers or other businesses.

“Franchisee” means any solid waste collector authorized by the city council pursuant to the procedures established in this chapter.

“Garbage” means material that is designated for collection by the solid waste collector and does not include recyclable materials or, in the case of food service establishments, organic materials. The term “garbage” does not include hazardous waste, as defined in California Health and Safety Code Sections 25117 and 25141.

“Garbage disposal” means the final disposition of garbage onto land, including at a permitted landfill, or into the atmosphere, including through incineration. “Garbage disposal” does not include recycling or organics processing.

“Multifamily dwelling” means a residential structure with five or more residences.

“Multifamily generator” means tenants, residents, other occupants, and custodians or janitors of multifamily dwellings.

“Organic materials” means biodegradable materials that can be segregated from garbage and recyclable materials for the purpose of composting, anaerobic digestion, or processing with other organics processing methods. “Organic materials” include any materials identified by the city that can be feasibly collected and marketed for organics processing, including but not limited to yard waste, plant trimmings, food scraps, and paper and paper products that can be composted but not recycled.

“Organic materials collector” means any person or persons, firm, partnership, joint venture, association or corporation engaged in the collection or transportation of organic materials generated in the city.

“Organics processing” means the composting, anaerobic digestion, or other beneficial use, as defined by the city, of organic materials.

“Owner” means the person holding legal title to the real property constituting the premises to which solid waste, targeted recyclable materials, and/or organic materials collection service is provided.

“Person” means any individual, firm, corporation, association, or group or any combination thereof acting as a unit.

“Premises” means any land or building where solid waste, recyclable materials, or organic materials are generated or accumulated.

“Receptacle” means a bin used for the temporary collection and storage of solid waste, whose contents are periodically transferred to a larger container from which a solid waste collector directly collects the solid waste.

“Recyclable materials” or “recyclable” means materials that can be segregated from garbage and organic materials prior to collection for the purpose of reusing or returning these materials in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace. “Recyclable materials” include any materials identified by the agency that can be feasibly collected and marketed for recycling by the city’s franchisee, including, but not limited to, paper and paper products, chipboard, cardboard, plastic food and beverage containers, and glass jars and bottles, aluminum, tin and bimetal cans.

“Recycle” or “recycling” means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise be disposed by garbage disposal and then returning these materials for use or reuse in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace as defined in Public Resources Code Section 40180. “Recycling” does not include burning, incinerating, or thermally destroying solid waste, as defined in Public Resources Code Section 40201. The city shall specify additional materials covered under this chapter at its discretion.

“Segregate” means any of the following: the placement of recyclable materials, organic materials, and garbage each in separate and designated containers; the binding of recyclable materials separately from other waste material; the physical separation from each other of recyclable materials, organic materials, and garbage.

“Self-haul” means to transport one’s own recyclable materials to a recycling facility or organic materials to an organics processing facility by using a vehicle owned by the transporting entity rather than using the hauling services of a solid waste collector.

“Self-hauler” means a solid waste customer, commercial generator, multifamily generator, or special event that transports its own recyclable materials to a recycling facility or organic materials to an organics processing facility by using a vehicle owned by that transporting entity rather than using the hauling services of a solid waste collector.

“Solid waste” means 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. “Solid waste” does not include hazardous waste as defined in Public Resources Code Section 40141.

“Solid waste collector” means any person or persons, firm, partnership, joint venture, association, or corporation engaged in the collection or transportation, disposal, garbage disposal, recycling, or organic processing of solid waste generated within all or part of the jurisdictional boundaries of the city, including franchisees, recycling collectors, and organic materials collectors.

“Solid waste customer” means the legal entity responsible for managing solid waste at a commercial facility or multifamily dwelling, including subscribing to solid waste collection services with a solid waste collector or self-hauling solid waste, or the entity to whom the solid waste collector submits billing invoices for collection from a commercial facility or multifamily dwelling.

“Special event” means a community, public, commercial, recreational, or social event which may serve food or drink and which may require a permit from the city. “Special events” may include the temporary or periodic use of a public street, publicly owned site or facility, privately owned site or facility, or public park. “Special event” includes the legal entity responsible for the special event, including but not limited to the owner, manager, or organizer, which may be the city. (Ord. 729 § 1, 2018)

8.18.030 Solid waste customers.

Each solid waste customer shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter. Each solid waste customer shall:

A. Subscribe to an adequate level of service for recyclable materials and organic materials generated at the commercial facility, multifamily dwelling, or special event if the solid waste customer does not self-haul those recyclable materials or organic materials to a recycling or organics processing facility.

B. Provide, directly or through the solid waste collector, appropriate and sufficient containers, placed in appropriate and accessible locations with adequate signage, to ensure maximum segregation of recyclable materials by all commercial generators, multifamily generators, and special events and to ensure maximum segregation of organic materials by food service establishments.

C. Post and maintain signs containing information and instructions on the proper segregation and storage of recyclable materials and organic materials in areas where containers are located.

D. Ensure that all containers used for collecting and storing recyclable materials and organic materials (1) are affixed with or have adjacent to the container signs that display the appropriate information to enable users to clearly differentiate which containers are used for recyclable materials, organic materials, and garbage; (2) display the name of the solid waste collector that provides collection service of the container; and (3) ensure that users of the containers make efforts to minimize the contamination of material placed in the containers.

E. Distribute chapter requirements and appropriate educational materials to all commercial generators, multifamily generators, and special events at the commercial facility or multifamily dwelling at least once each year. All new commercial generators, multifamily generators, and special events shall receive this information upon occupancy, employment, or contracting. Educational materials shall include (1) the requirement and procedures to ensure the accurate segregation of recyclable materials and organic materials from garbage; (2) the commercial generator’s, multifamily generator’s, or special event’s responsibilities regarding compliance with this chapter; and (3) the types and location of recyclable materials, organic materials, and garbage containers.

F. Ensure that instructions or training materials provided to commercial generators, multifamily generators, and special events are promptly made available to the city upon request.

G. Ensure that the contents of the recyclable materials and organic materials containers are not collected for garbage disposal unless the contents of these containers include unacceptable levels of contamination. Solid waste customers shall be assessed a premium fee based on the size of the container for recyclable materials and organic materials containers that are collected for garbage disposal by the solid waste collector if the contents of their recyclable materials and organic materials containers contain unacceptable levels of contamination. (Ord. 729 § 1, 2018)

8.18.040 Commercial generators.

Each commercial generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter. Each commercial generator shall:

A. Ensure the segregation of recyclable materials and, for food service establishments, organic materials from garbage by placing each type of material in a separate designated receptacle or container and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site segregate recyclable materials and, for food service establishments, organic materials.

B. Provide an adequate number and type of labeled receptacles needed for segregating and storing recyclable materials and, for food service establishments, organic materials and provide adequate access to these receptacles.

C. Post and maintain signs containing information and instructions on the proper segregation and storage of recyclable materials and, for food service establishments, organic materials in areas where receptacles are located.

D. Ensure that all receptacles used for collecting and storing recyclable materials, organic materials, and garbage are affixed with signs or labels that display the appropriate information to enable users to clearly differentiate which receptacles are used for recyclable materials, organic materials, and garbage to minimize the contamination of material placed in receptacles.

E. Provide adequate instructions to employees, contractors, and volunteers of the requirements of this chapter, including (1) the requirement and procedures to ensure the segregation of recyclable materials and, for food service establishments, organic materials from garbage; (2) the employee’s, contractor’s, and volunteer’s responsibilities regarding compliance with this chapter; and (3) the types and location of receptacles and containers for recyclable materials, organic materials, and garbage.

F. Ensure that instructions or training materials provided to employees, contractors, and volunteers are promptly made available to the city upon request.

G. Ensure that the contents of receptacles are deposited in the proper container and ensure that the contents of the receptacles for recyclable materials and organic materials are not delivered to garbage containers. Commercial generators shall be assessed a premium fee based on the size of the container for recyclable materials and organic materials containers that are collected for garbage disposal by the franchisee if the contents of their recyclable materials and organic materials containers contain unacceptable levels of contamination. (Ord. 729 § 1, 2018)

8.18.050 Multifamily generators.

Each multifamily generator shall:

A. Participate in programs covered by this chapter that require segregating recyclable materials from garbage and depositing them in designated containers provided by the solid waste customer or solid waste collector. (Ord. 729 § 1, 2018)

8.18.060 Special events.

Special events shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter. In addition to other requirements in this chapter and this code, each special event shall:

A. Segregate recyclable materials and, for special events that include food service establishments, organic materials from garbage by placing each type of material in a separate designated receptacle or container and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site segregate recyclable materials and, for food service establishments, organic materials.

B. Ensure the special event has access to an adequate number and type of containers needed for collecting and storing recyclable materials and, when applicable, organic materials generated at and by the special event.

C. Provide or ensure the provision of adequate receptacles throughout the special event location to make the segregation of recyclable materials and organic materials convenient for employees, volunteers, contractors, vendors, exhibitors, presenters, visitors, attendees, customers, and other persons on site.

D. Provide or ensure the provision of an equal or greater number of receptacles for recyclable materials and, when applicable, organic materials to receptacles for garbage. Individual receptacles for recyclable materials, organic materials, and garbage shall be placed as close together as possible throughout the special event location in order to provide equally convenient access to receptacles for recyclable materials and organic materials as to receptacles for garbage.

E. Ensure that all receptacles used for segregating and storing recyclable materials, organic materials, and garbage are affixed with signs or labels that display the appropriate information to enable users to accurately segregate solid waste and to clearly differentiate which receptacles are used for recyclable materials, organic materials, and garbage, to minimize the contamination of material placed in receptacles. Require food vendors and food service establishments to have at least one separate receptacle each for recyclable materials, organic materials, and garbage for use by employees, contractors, custodians, customers, visitors, and other persons on site.

F. Distribute chapter requirements and appropriate informational materials to all vendors, exhibitors, and other commercial generators during event planning and setup.

G. Ensure that the contents of the receptacles for recyclable materials and organic materials are not delivered to garbage containers unless they include unacceptable levels of contamination. (Ord. 729 § 1, 2018)

8.18.070 Provisions for self-haulers.

A. Nothing in this chapter shall preclude any person, solid waste customer, commercial generator, multifamily generator, or special event from self-hauling recyclable materials or organic materials generated by that entity to a recycling organics processing facility.

B. Self-haulers shall:

1. Comply with the requirements in this chapter by delivering for recycling those items that can be recycled by local recycling facilities; self-haulers that are also food service establishments shall comply by delivering for organics processing those items that are accepted by local organics processing facilities.

2. Provide proof of compliance with this chapter, upon request by the city; proof includes but is not limited to a receipt from a recycling or organics processing facility that clearly identifies the type and quantity of material delivered. (Ord. 729 § 1, 2018)

8.18.080 Solid waste collectors.

A. Recycling and organic materials collectors shall obtain and maintain a business registration with the city.

B. Solid waste collectors shall keep separate garbage, recyclable materials, and organic materials that have been segregated into separate containers by commercial generators, multifamily generators, or special events.

C. Solid waste collectors shall ensure that segregated recyclable materials are delivered to a recycling facility and that segregated organic materials are delivered to an organics processing facility, except that a container that contains unacceptable levels of contamination may be delivered for garbage disposal if the solid waste collector notifies the city of the occurrence; the date of the occurrence; and the account name, primary contact, phone number, billing address, and service address for the solid waste customer at which the container is located.

D. Within five days of request by the city, solid waste collectors shall provide progress reports providing the following information, at a minimum:

1. Total number of solid waste customers to whom the solid waste collector currently provides garbage, recyclable materials, and organic materials collection service within the city’s boundaries;

2. For each solid waste customer, the account name, identifying number, primary contact, phone number, billing address, and service address;

3. Information on the type of collection service provided, such as garbage, recyclable materials, or organic materials services;

4. The weekly volume and type of collection service provided, including the number, type, and size of containers serviced and the days of service for each container;

5. Name and location of the solid waste facilities where materials are delivered for processing;

6. List of accounts not in compliance with this chapter, including whether they are excluded or exempt based on the exemptions in PVEMC 8.18.100. (Ord. 729 § 1, 2018)

8.18.090 Exclusions.

Solid waste customers that subscribe to less than two cubic yards of garbage collection service per week shall be excluded from the requirements of this chapter. (Ord. 729 § 1, 2018)

8.18.100 Exemptions.

Solid waste customers, commercial generators, and special events that can document using the methods described in subsection C of this section that the circumstances described in subsections A and B of this section pertain to their operations shall be exempt from the requirements of this chapter:

A. No Generation of Recyclable Materials. Solid waste customers, commercial generators, and special events may be exempt from the requirements of this chapter if the solid waste customer, commercial generator, or special event demonstrates to the city that no recyclable materials or organic materials are generated on site.

B. Space Constraints and Zoning Considerations.

1. Solid waste customers may be exempt from the requirements of this chapter if the city determines that either:

a. There is inadequate space for a solid waste customer to store containers for recyclable materials or organic materials on site and that it is infeasible for the solid waste customer to share recyclable materials or organic materials containers with adjacent commercial facilities or multifamily dwellings; or

b. Compliance with this chapter will result in violating city zoning or other regulations.

2. Commercial generators, multifamily generators, and special events may be exempt from the requirements of this chapter if the city determines that either:

a. The solid waste customer that is responsible for managing solid waste for the commercial generator, multifamily generator, or special event is excluded or exempt from providing containers for recyclable materials or, for food service establishments, organic materials; or

b. There is inadequate space for the commercial generator or special event to store receptacles for recyclable materials or organic materials on site and that it is infeasible for the commercial generator or special event to deposit recyclable or organic materials directly into containers without an intermediate receptacle; or

c. Compliance with this chapter will result in violating city zoning or other regulations.

C. Verification of Exemption. The solid waste customer, commercial generator, or special event shall petition the city with a written request for an exemption documenting the circumstances of a claimed exemption. The city may visit the solid waste customer’s, commercial generator’s, or special event’s site; examine the receptacles for garbage, recyclable materials, or organic materials; or take other actions to verify the circumstances identified in the petition. The solid waste customer, commercial generator, or special event requesting an exemption shall not be granted an exemption from the requirements of this chapter if the city determines that (1) recyclable materials or organic materials are generated on site, (2) it is feasible for containers and receptacles for recyclable materials and, as necessary, for organic materials to be placed on site, and (3) it is feasible for to share recycling containers with an adjacent commercial facility or multifamily dwelling. The city may impose an administrative fee on petitioning entities to cover the costs of processing such petitions. The city may require the solid waste customer, commercial generator, or special event that is granted an exemption from the requirements of this chapter to submit a renewal of its petition for an exemption every two years from the date the exemption was granted by the city. (Ord. 729 § 1, 2018)

8.18.110 Enforcement.

A. Authority. The city or its designee is authorized to administer and enforce the provisions of this chapter. To the extent permitted by law, the city or its designee may inspect any collection container at a commercial facility, multifamily dwelling, or special event and any solid waste collector’s load for garbage, recyclable materials, or organic materials. To the extent permitted by law, the city or its designee may also inspect the premises of any commercial facility, multifamily dwelling, or special event to determine compliance with the provisions of this chapter.

B. Remedies. It is unlawful to violate any provision or requirement of this chapter. The failure to comply with any requirement of this chapter constitutes a violation of this chapter. Each instance of a violation of this chapter is a separate offense. Violations of the provisions or requirements of this chapter may be prosecuted as an infraction or misdemeanor subject to the penalties provided in this code or the public works director may issue an administrative citation as provided in this code. (Ord. 729 § 1, 2018)