HomeMy WebLinkAboutOrdinance 2004 (Amendment to the San Rafael Municipal Code Regarding Recycling of Organic Waste to Comply with Senate Bill 1383)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the
Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING THE SAN RAFAEL MUNICIPAL CODE TO REPEAL CHAPTER
9.19 - REFUSE AND RECYCLED MATERIALS COLLECTION AND DISPOSAL
AND REPLACE IT WITH NEW CHAPTER 9.19 - SOLID WASTE COLLECTION
AND DISPOSAL AND EDIBLE FOOD RECOVERY
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 22nd day of February 2022;
a SUMMARY of Ordinance No. 2004 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed
and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said
City, held on the 7th day of March, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati, & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
7th day of March 2022
______________
LINDSAY LARA
City Clerk
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ORDINANCE NO. 2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING THE SAN RAFAEL MUNICIPAL CODE TO REPEAL CHAPTER 9.19 -
REFUSE AND RECYCLED MATERIALS COLLECTION AND DISPOSAL AND
REPLACE IT WITH NEW CHAPTER 9.19 - SOLID WASTE COLLECTION AND
DISPOSAL AND EDIBLE FOOD RECOVERY
WHEREAS, Article XI of the California Constitution and the California Public Resources
Code allows cities to regulate refuse and recycling services and to collect a franchise fee from
any provider of such services. Marin Sanitary Service (MSS) is our sole provider of refuse
hauling and recycling services and performs these services in many surrounding communities
as well; and
WHEREAS, in 2014, recognizing the negative impacts of organic materials decomposing in
landfills on climate change, the State of California enacted Assembly Bill (AB) 1826 mandating
that businesses with certain thresholds of refuse disposal compost their organic materials.
Beginning in 2022 Senate Bill (SB) 1383, enacted in 2017, will require that all residents and
businesses divert their organic waste and recover edible food. SB 1383 will also place new
requirements on local governments to implement, monitor and enforce participation in organic
waste diversion programs, and the California Department of Resources Recycling and Recovery
(CalRecycle) will be authorized to levy fines upon local governments that don’t comply; and
WHEREAS, Chapter 9.19 of the San Rafael Municipal Code entitled “Refuse and Recycled
Materials Collection and Disposal” adopted in 1993, must be updated and amended to comply
with SB 1383;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AS FOLLOWS:
DIVISION 1. AMENDMENT OF SAN RAFAEL MUNICIPAL CODE.
Chapter 9.19 of the San Rafael Municipal Code is hereby repealed in its entirety, and replaced
with a new Chapter 9.19 entitled “Solid Waste Collection and Disposal and Edible Food
Recovery”, to read in its entirety as follows:
Chapter 9.19 SOLID WASTE COLLECTION AND DISPOSAL AND EDIBLE FOOD
RECOVERY
Article I. Purpose and Definitions
9.19.010 Purpose.
The purpose of this chapter is to prevent actual or potential public health hazards and
nuisance within the city of San Rafael, Marin County, state of California, by regulating the
accumulation, collection and disposal of solid waste, and to provide for the licensing and
responsibilities of persons engaged therein. It is declared to be in the public interest that the
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accumulation, storage and disposal of all such materials be handled in such a manner as to
prohibit the harboring and breeding of rodents and insects, to reduce pollution of the air caused
by burning, fermentation or putrefaction of such materials, to prevent the spread of disease, to
reduce the hazards of fire, and to prevent unsightliness resulting in the depreciation of property
values and the comfortable enjoyment of life.
9.19.020 Intent.
It is further the intention of the city by this chapter to provide for the source reduction,
recycling and resource recovery of solid waste generated within the city to the maximum extent
feasible and as required by state law. Therefore, this chapter establishes and includes an
approved solid waste collection program for all persons in the city for the purpose of providing
for the orderly and regular collection of solid waste.
9.19.030 Definitions.
A. As used in this chapter:
1. “Act” means the California Integrated Waste Management Act of 1989 (commencing
with Section 40000 of the Public Resources Code), as amended by, including but not
limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343,
Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics
Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016
(SB 1383), and as implemented by the regulations of the California Department of
Resources Recycling and Recovery (“CalRecycle.”).
2. “Authorized collector” means such persons, firms or corporations collecting and
delivering for disposal, recycling or processing solid waste (other than solid waste
generated by a permitted building project) originating in the city and doing so under a
contract or franchise agreement with the city.
3. “Bulky Waste” means large items of solid waste such as appliances (white goods), e-
waste (except for universal waste), furniture, tires, carpets, mattresses and similar
large items, large auto parts, trees, branches, stumps, and other oversize wastes
whose large size precludes or complicates their handling by normal collection,
processing, or disposal methods. It does not include abandoned vehicles or
household hazardous waste.
4. “CalRecycle approved solid waste facility, operation, activity, or property” means a
facility, operation or activity the use of which is deemed to constitute a reduction in
landfill disposal in accordance with 14 CCR, Division 7, Chapter 12 for the purposes
of this chapter.
5. “CCR” means the California Code of Regulations. CCR references in this Chapter
are preceded with a number that refers to the relevant Title of the CCR (e.g., “14
CCR” refers to Title 14 of CCR).
6. “City manager” means the city manager of the city of San Rafael, or their designee,
which may include city employees.
7. “Collection” means to take physical possession of solid waste at, and remove from,
the place of generation for transport to a solid waste facility or other recovery activity.
8. “Commercial business” or “Commercial” means a firm, partnership, proprietorship,
joint-stock company, corporation, or association, whether for-profit or nonprofit, strip
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mall, industrial facility, or a multi-family dwelling, or as otherwise defined in 14 (CCR)
Section 18982(a)(6). A multi-family dwelling that consists of (5) or more dwelling
units is “Commercial”, for the purposes of this Chapter.
9. “Commercial Edible Food Generator” means a Tier One or a Tier Two Commercial
Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). Food
recovery organizations and food recovery services are not commercial edible food
generators.
10. “Community composting” means any activity that composts green material,
agricultural material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost on-site at any one time
does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR
Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
11. “Composting” means the process of controlled biological decomposition of organic
waste.
12. "Construction and demolition debris" or "C&D" means used or discarded materials
resulting from construction, renovation, remodeling, repair, demolition, excavation or
construction clean-up operations on any pavement or structure.
13. "Container" or "collection container" means, for the purpose of this Chapter, any bin,
box or cart used for the purpose of holding solid waste for collection.
14. “Debris box” means any ten (10) to forty (40) cubic yard container, or any compactor
provided by a solid waste generator, placed in the public right-of-way, on city
property, private property, or elsewhere in the service area, which is procured by a
solid waste generator for their use in the collection of their solid waste. Debris boxes
are serviced by means of lifting the entire container, including all contents, onto a
designated collection vehicle.
15. “Designee” means an entity that the city contracts with or otherwise arranges to carry
out any of the city’s responsibilities of this ordinance as authorized in 14 CCR
Section 18981.2. A Designee may be a government entity, a hauler, a private entity,
or a combination of those entities.
16. “Disposal” means the final disposition of Solid Waste at a solid waste facility
permitted for disposal.
17. “Diversion” means activities reducing or eliminating the amount of Solid Waste from
Solid Waste Disposal, and which return these materials to use in the form of raw
materials for new, reused, or reconstituted products, which meet the quality
standards necessary for commercial use, or for other purposes of reuse.
18. “Dwelling unit” means one (1) or more rooms with internal access between all rooms,
which provide complete independent living facilities for at least one (1) family,
including provisions for living, sleeping, eating, cooking, bathing, and sanitary
facilities.
19. “Edible food” means food intended for human consumption, or as otherwise defined
in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise
defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is
recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7,
Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet
the food safety requirements of the California Retail Food Code.
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20. “Enforcement action" means an action of the city to address non- compliance with
this ordinance including, but not limited to, issuing administrative notices, citations,
fines, penalties, or using other remedies.
21. “Enforcement agency” means an entity with the authority to enforce part or all of this
chapter as specified herein. Employees and agents of an enforcement agency may
carry out inspections and enforcement activities pursuant to this chapter. Nothing in
this chapter authorizing an entity to enforce its terms shall require that entity to
undertake such enforcement except as agreed to by that entity and the city. The city
is an enforcement agency for all Sections of this chapter. The city may choose to
additionally delegate enforcement responsibility for certain sections, to other public
entities, including the Marin Hazardous and Solid Waste Joint Powers Authority
(Zero Waste Marin) and the County of Marin.
22. “Exempt waste” means biohazardous or biomedical waste, Hazardous Waste,
medical waste, regulated radioactive waste, waste that is volatile, corrosive, or
infectious, waste treatment or processing sludge, contaminated soil and dirt,
contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats,
boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter
or materials which are not acceptable for disposal at a solid waste landfill as defined
in the California Integrated Waste Management Act of 1989 and subsequent
legislation, and those wastes under the control of the Nuclear Regulatory
Commission. , all as further defined in subsection 38 of this section.
23. “Food recovery organization” means an entity that engages in the collection or
receipt of Edible Food from Commercial Edible Food Generators and distributes that
Edible Food to the public for Food Recovery either directly or through other entities
or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
a. A food bank as defined in Section 113783 of the Health and Safety Code;
b. A nonprofit charitable organization as defined in Section 113841 of the Health
and Safety code; and,
c. A nonprofit charitable temporary food facility as defined in Section 113842 of the
Health and Safety Code.
24. “Food recovery service” means a person or entity that collects and transports Edible
Food from a Commercial Edible Food Generator to a Food Recovery Organization or
other entities for Food Recovery, or as otherwise defined in 14 CCR Section
18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator
for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter
12 pursuant to 14 CCR Section 18982(a)(7).
25. “Food waste” means food scraps and trimmings and other putrescible waste that
result from food production, preparation, cooking, storage, consumption or handling.
Food Waste includes but is not limited to meat, fish and dairy waste, fruit and
vegetable waste and grain waste. Food Waste does not include Exempt Waste.
26. “Garbage” means all non-recyclable packaging and other waste attributed to normal
activities of a premise. Garbage must be generated by and at the service unit
wherein the garbage is collected. Garbage does not include recyclable materials,
organic materials, debris from construction and demolition, large items, e-waste,
universal waste, hazardous waste, household hazardous waste or exempt waste.
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27. “Garbage container” has the same meaning as “Gray Container” in 14 CCR Section
18982(a)(28) and shall be used for the purpose of storage and collection of Garbage.
28. “Generators,” for the purpose of this Chapter, means a person or entity, including
commercial generators and residential generators, that is responsible for the initial
creation of organic materials, or as otherwise defined as “organic waste generator” in
14 CCR Section 18982(a)(48).
29. "Health officer" means the health officer of the county, acting as health officer for the
city.
30. “Inspection” means a site visit where the city, its designee or Enforcement agency,
reviews records, containers, and an entity’s collection, handling, recycling, or
disposal of solid waste or edible food handling to determine if the entity is complying
with requirements set forth in this ordinance, or as otherwise defined in 14 CCR
Section 18982(a)(35).
31. "Organics container” has the same meaning as “Green Container” in 14 CCR
Section 18982(a)(29) and shall be used for the purpose of storage and collection of
source separated organic materials designated for organic materials processing,
including food waste and landscape and pruning waste accepted in the city’s organic
waste collection program, and other organic materials as determined by the city and
authorized collector as acceptable for the organics container. The city and authorized
collector shall have the right to promulgate changes to organic material types
acceptable for the organics container.
32. “Organic material” or "organic waste" means solid wastes containing material
originated from living organisms and their metabolic waste products, including but
not limited to food waste, green material, landscape and pruning waste, organic
textiles and carpets, lumber, wood, paper products, printing and writing paper,
manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section
18982(a)(46).
33. “Organic material processing facility” means any facility selected by the authorized
collector that is approved by the city, or specifically designated by the city, operated
and legally permitted for the purpose of receiving and processing organic materials.
34. "Person" means any person or persons, firm, association, corporation or other entity
acting as principal, agent or officer, servant or employee, for themselves or for any
other person, firm or corporation. Person includes employees of the city of San
Rafael.
35. "Premises" includes a tract or parcel of land with or without habitable buildings or
appurtenant structures. (CCR, Section 17225.50) For purposes of this chapter the
word premises includes Residential and Commercial uses of the land, whether
owned, leased, rented or sub-let, including every dwelling house, dwelling unit,
apartment house or multiple-dwelling building, trailer or mobile home park, store,
restaurant, rooming house, hotel, motel, office building, department store,
manufacturing, processing or assembling shop or plant, warehouse and every other
place or premises where any person resides, or any business is carried on or
conducted within the city.
36. “Prohibited container contaminants” means (1) discarded materials placed in the
designated Recyclables container that are not identified as acceptable source
separated recyclables for the city’s designated recyclables collection container; (2)
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discarded materials placed in the designated organic materials collection container
that are not identified as acceptable source separated organic materials for the city’s
designated organic materials collection container; and (3) discarded materials placed
in the garbage container that are acceptable source separated recyclables and/or
source separated organic materials to be placed in city’s designated organic
materials collection container and/or designated recyclables collection container, and
(4) Exempt Waste placed in any container.
37. "Recyclable (source separated) materials" or “recyclables” means any material
designated to be segregated from the waste stream for purposes of recycling. This
designation shall be made by the city and the authorized collector based on good
public practice, ability to receive an acceptable economic return, and feasibility of
separating the material from the waste stream at the point of collection. Recyclable
materials are currently limited to paper, glass, cardboard, plastics, ferrous metal, and
aluminum.
38. "Recycling" means the process of collecting, sorting, cleansing, treating and
reconstituting materials that would otherwise become garbage and returning them 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. Recycling
does not include transformation as defined in Public Resources Code § 40201.
(CCR, Title 14, Section 17225.54).
39. “Recycling container” has the same meaning as “Blue Container” in 14 CCR Section
18982.2(a)(5) and shall be used for the purpose of storage and collection of source
separated recyclable materials. The city and authorized collector shall have the right
to promulgate changes to recyclable material types acceptable for the recycling
container.
40. “Residential” means, for the purposes of this chapter, any premises consisting of
between one (1) and four (4) dwelling units, and onsite domestic uses accessory to
these dwelling units. A multi-family dwelling that consists of fewer than (5) dwelling
units is “Residential”, for the purposes of this Chapter.
41. “Self-hauler” means a person who hauls solid waste, organic waste or recovered
material they have generated to another person. Self-hauler also includes a person
who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).
“Back-haul” means generating and transporting organic materials to a destination
owned and operated by the generator using the generator’s own employees and
equipment, or as otherwise defined in 14 CCR Section 189881(a)(66)(A). Self-Hauler
does not include any hauling arrangement by which the owner or occupant of the
Premises pays any compensation to a third party for such hauling, including any
transaction or arrangement involving discounted fees for services.
42. "Solid waste" means all putrescible and non-putrescible solid and semisolid wastes,
including garbage, recyclable materials, organic materials, trash, refuse, paper,
rubbish, ashes, industrial wastes demolition and construction wastes, bulky waste,
discarded home and industrial appliances, manure, vegetable or animal solid or
semisolid wastes, and other discarded solid and semisolid wastes. Solid waste
includes materials defined as such per the Public Resources Code Section 49503
and as amended. Solid waste does not include any of the following wastes: (1)
Hazardous waste, as defined in the Public Resources Code Section 40141, (2)
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8
(commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety
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Code) (3) Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division 104 of the
Health and Safety Code). Untreated medical waste shall not be disposed of in a
Solid Waste landfill, as defined in Public Resources Code Section 40195.1. Medical
waste that has been treated and deemed to be solid waste shall be regulated
pursuant to Division 30 of the Public Resources Code. Recyclable materials and
organic materials are a part of solid waste and (4) abandoned vehicles and parts
thereof.
43. “Solid waste collection service” means collection of solid waste originating in the city,
by persons, firms or corporations, and doing so under a contract or franchise
agreement with the city. Solid waste collection service includes collection of source
separated garbage, recyclable material and organic materials.
44. “Solid waste facility” or “facility” means a solid waste transfer or processing station
including Material Recovery Facilities, a recycling facility, a composting facility, a
gasification facility, a transformation facility, an Engineered Municipal Solid Waste
conversion facility, and/or a disposal facility in compliance with the definitions,
provisions and requirements set forth in the Act. Solid waste facility additionally
includes a solid waste operation that may be carried out pursuant to an enforcement
agency notification, as provided in regulations adopted by CalRecycle, or otherwise
set forth in the Act.
45. “Source separate” means the process of removing recyclable materials and organic
materials from Solid Waste at the place of generation, prior to Collection, and placing
such materials into separate containers designated for recyclable materials and
organic materials, or as otherwise defined in 14 CCR Section 17402.5(b)(4).
46. “Source reduction” means any action which causes a net reduction in the generation
of solid waste. Source reduction includes, but is not limited to, reducing the use of
nonrecyclable materials, replacing disposable materials and products with reusable
materials and products, reducing packaging, reducing the amount of yard wastes
generated, establishing garbage rate structures with incentives to reduce the amount
of wastes that generators produce, and increasing the efficiency of the use of paper,
cardboard, glass, metal, plastic, and other materials. Source reduction does not
include steps taken after the material becomes solid waste or actions which would
impact air or water resources in lieu of land, including, but not limited to,
transformation.
47. “Tier One commercial edible food generator” means a Commercial Edible Food
Generator that is one of the following as defined in 14 CCR Section 18982(a):
a. Supermarket with gross annual sales of $2,000,000 or more
b. Grocery store with a total facility size equal to or greater than 10,000 square feet.
c. Food service provider, which means an entity primarily engaged in providing food
services to institutional, governmental, commercial, or industrial locations of
others based on contractual arrangements with these types of organizations.
d. Wholesale food vendor, which means a business or establishment engaged in
the merchant wholesale distribution of food, where food (including fruits and
vegetables) is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination.
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e. Food Distributor, which means a company that distributes food to entities
including, but not limited to, supermarkets and grocery stores.
48. “Tier Two commercial edible food generator” means a Commercial Edible Food
Generator that is one of the following as defined in 14 CCR Section 18982(a):
a. Restaurant with 250 or more seats, or a total facility size equal to or greater than
5,000 square feet.
b. Hotel with an on-site food facility and 200 or more rooms.
c. Health facility with an on-site food facility and 100 or more beds.
d. Large Venue, which means a permanent venue facility that annually seats or
serves an average of more than 2,000 individuals within the grounds of the
facility per day of operation of the venue facility. For purposes of this ordinance
and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes,
but is not limited to, a public, nonprofit, or privately owned or operated stadium,
amphitheater, arena, hall, amusement park, conference or civic center, zoo,
aquarium, airport, racetrack, horse track, performing arts center, fairground,
museum, theater, or other public attraction facility. For purposes of this ordinance
and implementation of 14 CCR, Division 7, Chapter 12, a site under common
ownership or control that includes more than one Large Venue that is contiguous
with other Large Venues in the site, is a single Large Venue.
e. Large Event, which means an event, including, but not limited to, a sporting event
or a flea market, that charges an admission price, or is operated by a local
agency, and serves an average of more than 2,000 individuals per day of
operation of the event, at a location that includes, but is not limited to, a public,
nonprofit, or privately owned park, parking lot, golf course, street system, or other
open space when being used for an event..
f. A state agency with a cafeteria with 250 or more seats or total cafeteria facility
size equal to or greater than 5,000 square feet.
g. A local education agency facility with an on-site food facility. “Local Education
Agency” means a school district, charter school, or county office of education that
is not subject to the control of city or county regulations related to Solid Waste, or
as otherwise defined in 14 CCR Section 18982(a)(40).
49. “User disposal containers” are containers inside a business for the collection of
source separated organic materials, source separated recyclables and garbage for
employees, contractors, tenants, customers and other users of the business.
Article II. Storage and Disposal
9.19.040 General.
It is the intent of the city that every person residing or conducting business in this city shall
subscribe to and participate in solid waste collection service approved by the city and provided
by an authorized collector. Nothing in this chapter shall prevent generators from self-hauling to a
CalRecycle approved solid waste facility, operation, activity, or property in addition to their solid
waste collection service, consistent with the requirements set forth in this chapter; or from
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utilizing a temporary debris box service, consistent with section 9.19.320. The City Council may
from time-to-time adopt by resolution policies and procedures to implement this Ordinance.
Any references to the California Code of Regulations (CCR) language shall automatically
conform to the current CCR in case of amendment by the State.
9.19.050 Prohibited accumulation and disposal.
Except as authorized in this chapter, it is unlawful for any person to:
A. Throw, bury, deposit, or cause to be thrown or deposited, any solid waste, or allow any
collection of same to remain in or upon any private property, public right-of-way, alley,
sidewalk, park, watercourse, waterway, levees or banks of watercourses or waterways,
or upon any premises whatsoever other than a CalRecycle approved solid waste facility,
operation, activity, or property. Any material not disposed of as aforesaid shall be placed
in collection containers for collection.
B. Place or cause to be placed in any public receptacle owned or rented by the city and
located upon public streets or in public places, any solid waste originating within or from
any private property of more than one-half cubic foot.
C. Deposit any garbage in a recycling container or organics container.
D. Dump, place or bury solid waste in any lot, land or street or alley within the city, without
first having obtained a solid waste facility permit or exemption from that permit issued by
the local enforcement agency (LEA) of Marin County and concurred with by CalRecycle.
Under no circumstances whatsoever shall recyclable materials be dumped, placed or
buried, as above. This chapter shall not preclude or prohibit the city from siting and
permitting a recycling facility consistent with the provisions of the general plan provided
that necessary variances are obtained from the California Department of Toxic
Substances Control.
E. Allow any solid waste to accumulate or remain in or upon the building, lot or premises, in
a manner that creates a public nuisance. The owner of any premises, business
establishment, industry, or other property, vacant or occupied, shall be deemed the
responsible party and therefore ultimately responsible for the safe and sanitary storage
of all solid waste accumulated on the property. Collection containers shall be filled in a
manner that prevents the contents from overflowing and allows the cover to fit securely.
Garbage containers, recycling containers, and organics containers shall be of an
adequate size and of sufficient numbers to contain without overflowing, all the solid
waste that the premise generates within the designated removal period. Overflowing
solid waste is a public health violation. It shall be the responsibility of the owner of any
building, lot or premises to notify the authorized collector promptly when necessary to
increase solid waste collection service, to prevent solid waste from overflowing existing
containers. If the city or authorized health officer determines that inadequate service
causes a public nuisance or health problem, they may order the generator to increase
service. The authorized collector shall increase collection service immediately upon
notice.
F. Deliberately burn solid waste within the city.
9.19.060 Transportation of solid waste.
No person shall move, convey or transport or cause or permit to be moved, conveyed or
transported any solid waste upon or along any public street or alley or other public place in the
Created: 2021-06-23 14:21:07 [EST]
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city; provided, however, the provisions of this section shall not apply to any person conveying
solid waste collected outside the city, nor to any person employed by the city who shall be
assigned to the work of solid waste removal while acting within the scope of their employment or
to any person or entity with whom the city has entered into or may hereafter enter into a contract
for the collection, removal or disposal of solid waste or to any employee of such contractor
during such time as such contract shall be in force. Nor shall this section be deemed to prohibit
an individual from exercising their rights as described in section 9.19.200, which establishes
requirements for self-hauling to a CalRecycle approved solid waste facility, operation, activity, or
property, and section 9.19.210 which establishes the right to divert recyclable material or
organic materials so long as the diversion otherwise complies with this chapter.
9.19.070 Obligation of solid waste collection service.
A. Except as otherwise provided by this chapter, all occupied premises shall subscribe for
solid waste collection service with the authorized collector as herein specified, and for
such service a charge shall be collected as per a schedule of maximum rates as shall be
set by resolution of the city council.
B. Every property owner, commercial generator, residential generator, or other organic
material generator within the city shall have the obligation for disposal of solid waste as
provided in this chapter through the designated authorized collector and shall pay the
authorized collector for the solid waste collection service at the rates provided therefor.
Failure of receipt of a bill does not obviate responsibility for payment. In each instance,
the property owner shall be primarily responsible for the payment of the charges
provided for herein. The city or authorized collector may cause a lien to be placed upon
the real property for failure to compensate the authorized collector for services rendered.
C. Generators shall arrange for a size, quantity and collection frequency of containers to
adequately store all solid waste generated in connection with the premise, and subject to
collection in garbage containers, recycling containers and organics containers, between
the times designated for collection service. The city shall have the right to review the
number, size and location of such collection containers to evaluate the adequacy,
capacity and collection frequency of containers for each type of collection service and to
review the source separation and containment of materials. Generators shall adjust the
size of containers, number of containers and/ or collection frequency for their collection
services as requested by the city in order to meet the standards set forth in this chapter.
D. Generators shall place source separated organic materials, including food waste, in the
organics container; place source separated recyclable materials in the recycling
container; and place garbage in the garbage container. The city and authorized collector
shall have the right to promulgate changes to material types acceptable for each type of
collection container. Generators shall not place prohibited container contaminants into
the garbage container, organics container or recycling container.
E. The authorized collector shall give written notice to the city manager of the address of
any occupied premise within the city which is not subscribing to the collection and
disposal service provided by the authorized collector.
F. The owner of each occupied premise shall subscribe for solid waste disposal services
within seven (7) days of the occupancy of the premises. If the owner fails to subscribe
for service, the authorized collector shall give the owner written notification that such
service is required.
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G. Generators shall provide or arrange for access during all inspections and investigations
(with the exception of the interior of a private residential dwelling unit) and cooperate
with the city manager or authorized collector during such inspections and investigations
as described in section 9.19.390.
9.19.080 Commercial generator requirements.
A. Commercial business owners including multi-family residential dwellings with five (5) or
more dwelling units, shall provide or arrange for garbage container, organics container
and recycling container collection service for employees, contractors, tenants and
customers, and supply and allow access to adequate number, size and location of
collection containers with sufficient labels or colors as noted in subsection (B)(1) and
(B)(2) below or, if self-hauling, in compliance with self-hauling requirements set forth in
this chapter.
B. Commercial businesses that are not multi-family residential dwellings shall provide
containers for the collection of source separated organic materials and source separated
recyclable materials in all areas where the commercial business provides disposal
containers for employees, contractors, tenants, customers and other users of the
premises (“User Disposal Containers”). Such user disposal containers do not need to be
provided in restrooms. If a commercial business does not generate, or has a waiver
pertaining to, any of the materials that would be collected in one type of user disposal
container, then the business does not have to provide that particular type of container in
all areas where user disposal containers are provided. Pursuant to 14 CCR Section
18984.9(b), the user disposal containers provided by the business shall have either:
1. A body or lid that conforms with the following container colors, with either lids
conforming to these color requirements or bodies conforming to these color
requirements, or both lids and bodies conforming to these color requirements: gray
or black containers for garbage, blue containers for source separated recyclable
materials, and green containers for source separated organic materials.
Notwithstanding the foregoing, a commercial business is not required to replace
functional containers, including containers purchased prior to January 1, 2022, that
do not comply with the color requirements of this section prior to the end of the useful
life of those containers, or prior to January 1, 2036, whichever comes first; or
2. Container labels that include language or graphic images, or both, indicating the
primary materials accepted and the primary materials prohibited in that container, or
containers with imprinted text or graphic images that indicate the primary materials
accepted and primary materials prohibited in the container. The container labeling
requirements are required on new containers commencing January 1, 2022.
C. Excluding multi-family residential dwellings, to the extent practical through education,
training, inspection, and/or other measures, prohibit employees from placing materials in
a container not designated for those materials per the recycling container, organics
container, and garbage container collection service.
D. Excluding multi-family residential dwellings, periodically inspect recycling containers,
organics containers, and garbage containers for contamination and inform employees if
containers are contaminated and of the requirements to keep contaminants out of those
containers.
E. Including multi-family residential dwellings with five (5) or more dwelling units, annually
provide information to employees, contractors, tenants, building residents, and
Page 12 of 24
customers about organic waste recovery requirements and about proper sorting of
organic materials and recyclable materials. A copy of such information shall be provided
to the authorized collector or city manager, upon request.
F. Including multi-family residential dwellings with five (5) or more dwelling units, provide
information before or within fourteen (14) days of new occupation of the premises to new
tenants and no less than fourteen (14) days before tenants move out of the premises,
unless a tenant does not provide fourteen (14) or more days’ notice to before moving
out, that describes requirements to keep organic materials subject to collection in the
organics container and recycling container separate from each other and from garbage,
the location of containers, and the rules governing their use at the premises.
G. Including multi-family residential dwellings with five (5) or more dwelling units,
prominently post and maintain one or more signs where recyclable materials and/or
organic waste are collected and/or stored that set forth what materials are required to be
source separated, in addition to collection procedures for such materials.
H. Commercial businesses that are commercial edible food generators, as defined in
Section 9.19.030, shall comply with commercial edible food generator requirements,
pursuant to Section 9.19.220.
9.19.090 Storage.
Generators shall store solid waste on their property or premises or shall require it to be
stored or handled in such manner so as not to promote the propagation, harborage or attraction
of animals or the creation of nuisance. (CCR, Section 17312). Each property owner shall keep
the area where collection container(s) are located in a clean, safe and sanitary condition.
9.19.100 Solid waste collection areas.
Each commercial business shall:
A. Designate space on the property to be used for storage of collection containers required
by this chapter.
B. Post a sign clearly identifying all garbage, recycling, and organics container collection
areas and the materials accepted therein shall be posted adjacent to all points of access
to the collection area(s).
C. Commercial businesses which share collection services and containers located in a
centralized collection area shall provide and maintain space within or adjacent to each
waste enclosure, or adjacent to each approved garbage container(s) for placement of
sufficient approved organics container(s) and recycling container(s).
9.19.110 Collection containers.
A. It shall be the duty of every property owner, occupant and tenant of any premises within
the city to store all solid waste in collection containers supplied by the authorized
collector. These collection containers shall be constructed of metal or an approved
plastic material and type which shall be watertight, nonabsorbent, animal resistant,
durable, easily cleanable, equipped with handles, and having tight fitting covers such
that the containers hold the solid waste without spillage and leakage, escape of odors or
access of flies to the contents thereof.
B. Except as otherwise provided by the city’s franchise agreement with the authorized
collector, each dwelling unit shall be required to have a minimum garbage service of one
Page 13 of 24
(1) thirty-two (32) gallon cart for garbage collection; one (1) thirty-two (32) gallon cart for
recyclable materials collection; and one (1) thirty-two (32) gallon cart for organic
materials collection. Except in the case of multifamily dwellings of more than four (4)
dwelling units, no two (2) or more dwelling units shall share communal waste collection
services or approved collection containers except with the permission of the authorized
collector.
9.19.120 Collection container maintenance.
Each collection container and its cover shall be kept clean, and the cover shall not be
removed except to place solid waste therein or to empty the same. Only the authorized collector
shall be authorized to maintain or repair the collection containers, and the authorized collector
will maintain or replace collection containers as needed.
9.19.130 Collection container placement.
A. No collection container, other than those owned or rented by the city or authorized
collector, shall be placed or kept in or on any public street, sidewalk, footpath, or any
public place whatsoever, or remain in public view from any public right-of-way except as
herein provided, but shall be maintained on the premises, except as may be provided for
removing and emptying by the authorized collector on the day(s) and in the location
designated for collection. No person shall place a collection container so that either the
sidewalk or street gutter is obstructed.
B. Collection containers are permitted to be placed in public view and on a public street,
sidewalk or footpath only during the forty-eight-hour period commencing at 12:01 a.m.
on the day preceding the day of scheduled pick-up and terminating at 12:01 a.m. on the
day following such pick-up.
C. For curbside collection service, the approved location for collection shall be the street
curb line adjacent to such premises and collection containers shall be placed in the
location by the occupant of such premises for collection by the authorized collector.
9.19.140 Ownership of solid waste.
Solid waste subject to collection by the authorized collector shall become the property of
the authorized collector subject to this chapter after such time as the authorized collector takes
possession of the wastes (CCR, Section 17334).
9.19.150 Unauthorized removal and ownership of recyclable materials and organic
materials.
A. All recyclable materials and organic materials, upon being placed by the generator into a
collection container and placed at an approved location for collection, shall become the
property of the authorized collector owning the collection container, unless otherwise
provided in a contract, license, or franchise agreement.
B. No person, other than the generator, authorized collector or city, shall remove recyclable
material or organic materials from a collection container placed at the location for
collection.
Created: 2021-06-23 14:21:07 [EST]
(Supp. No. 33)
Page 14 of 24
9.19.160 Tampering.
No person shall tamper with, modify, remove from or deposit solid waste in any collection
container which has not been provided for their use at a collection site, without permission from
the city or authorized collector. Nor shall any person tamper with any collection container or any
recyclable materials on any premises, or collect, remove or dispose of the same, other than in
the manner specified by this chapter.
9.19.170 Collection intervals.
All solid waste accumulated at any residential generator or commercial generator’s
property or premise shall be collected at regular intervals of at least once each week, except
that from any place which has solid waste from which foul odors arise, or which is a menace to
public health, such solid waste shall be collected at such intervals as necessary for proper
sanitation. Nothing in this chapter shall be deemed to prohibit the removal and hauling by any
person of materials ordered by the health officer, fire chief or code enforcement officer to be
removed upon the ground that the same constitute a health menace, fire hazard or public
nuisance.
9.19.180 Collection schedule.
Solid waste shall be collected as provided by this chapter at regular intervals on a schedule
established by the authorized collector and approved by the city. The schedule may be changed
as deemed necessary by the authorized collector and/or the city.
9.19.190 Waivers.
A. Pursuant to 14 CCR Section 18984.11, the city may grant waivers to commercial
businesses for physical space limitations and/or de minimis volumes. Commercial
businesses seeking a waiver shall submit their request in a form specified by the city
manager. After reviewing the waiver request, and after an on-site review, if applicable,
the city manager may either approve or deny the following waiver requests:
1. De Minimis Waivers: The city may waive a commercial business’ obligation to
comply with some or all the organic material collection service requirements if the
commercial business meets the following requirements:
a. Submits an application specifying the type of waiver requested and provides
documentation as described below.
b. Provides documentation that either:
i. The commercial business receives two or more cubic yards of weekly solid
waste collection service and disposed organic materials subject to collection
in the organics container or recycling container comprises less than 20
gallons per week of the business’ total weekly solid waste volume; or
ii. The commercial business receives less than two cubic yards of weekly solid
waste collection service and disposed organic materials subject to collection
in the organics container or recycling container comprises less than 10
gallons per week of the business’ total weekly solid waste volume.
Page 15 of 24
iii. For the purposes of subsections (i) and (ii) above, weekly solid waste
collection shall be the sum of weekly garbage container volume, recyclable
container volume and organics container volume, measured in cubic yards.
c. Notifies the city if circumstances change such that volume of commercial
business’ disposed organic materials exceeds threshold required for waiver, in
which case the waiver will be rescinded.
d. Provides written verification of eligibility for de minimis waiver every five years if
the city has approved de minimis waiver.
2. Physical Space Waivers: The city may waive a commercial business’ obligations
(including multi-family dwellings) to comply with some or all of the recyclable
materials and/or organic materials collection service requirements if the city has
evidence from its own staff, authorized collector, licensed architect, or licensed
engineer demonstrating that the premises lacks adequate space for the collection
containers required for compliance with the organic materials collection
requirements. A commercial business or property owner may request a physical
space waiver through the following process:
a. Submit an application form specifying the type(s) of collection services for which
they are requesting a waiver from mandatory collection service.
b. Provide documentation that the premises lacks adequate space for the recycling
containers and/ or organics containers including documentation from the
authorized collector, licensed architect, or licensed engineer.
c. Provide written verification to the city that it is still eligible for physical space
waiver every five years if the city has approved application for a physical space
waiver.
9.19.200 Self-hauling.
A. Self-Haulers shall source separate all recyclable materials and organic materials
(materials that the city otherwise requires generators to source separate for collection in
recycling containers or organics containers) generated on-site from solid waste in a
manner consistent with 14 CCR Sections 18984.1 and 18984.2.
B. Self-Haulers shall haul their source separated recyclable materials to a facility that
recovers those materials; and haul their source separated organic materials to a
CalRecycle approved solid waste facility, operation, activity, or property that processes
or recovers source separated organic materials.
C. Self-Haulers that are commercial businesses (including multi-family residential
dwellings) shall keep a record of the amount of organic material delivered to each
CalRecycle approved solid waste facility, operation, activity, or property that processes
or recovers organic materials; this record shall be subject to inspection by the city. The
records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each
entity.
3. If the material is transported to an entity that does not have scales on-site, or
employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that
allows it to determine the weight of materials received, the Self-Hauler is not required
Page 16 of 24
to record the weight of material but shall keep a record of the entities that received
the organic materials.
D. Self-Haulers must keep records, including dates of self-haul activities, amounts of self-
hauled materials, and names and location(s) of the CalRecycle approved solid waste
facility, operation, activity, or property where the material was hauled, and make those
records available for inspection upon request by the City or Cal Recycle for a period of
five years of any self-haul activity.
E. The City may restrict or prohibit self-hauling by a generator if the City determines, after
providing notice and an opportunity for a hearing, that the generator’s self-hauling
activities violate the provisions of this section or any other applicable law or regulation.
F. A residential organic waste generator that self-hauls organic materials is not required to
meet the requirements of Section 9.19.200 (C), (D), and (E).
9.19.210 Right to divert recyclable material and organic materials.
A. Nothing in this chapter limits the right of any person to donate, sell, or otherwise remove
their recyclable materials so long as the removal otherwise complies with an authorized
collector’s franchise agreement and the provisions this chapter. The foregoing
notwithstanding, the provisions of this chapter and an authorized collector’s franchise
agreement do not permit any hauling arrangement by which the generator pays any
compensation to a third party for such removal, including any transaction or arrangement
involving discounted or net fees for services provided in this chapter.
B. Organic materials may be fed to animals on the premises where such organic materials
is produced, provided that the premises are always kept in a sanitary condition to the
satisfaction of the city manager; and provided further that the keeping and feeding of
such animals shall at all times conform to the applicable law including applicable
regulations of those entities governing the same now in force or which thereafter may be
enacted or promulgated.
C. Nothing in this chapter prohibits a generator from preventing or reducing waste
generation, managing organic waste on site, or using a community composting site,
provided that such operation conforms to the applicable regulations of those entities
governing the same now in force or which thereafter may be enacted or promulgated.
Article III. Edible Food Recovery Requirements
9.19.220 Commercial edible food generator requirements.
A. Tier one commercial edible food generators must comply with the requirements of this
section commencing January 1, 2022, and tier two commercial edible food generators
must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large venue or large event operators not providing food services, but allowing for food to
be provided by others, shall require food facilities operating at the large venue or large
event to comply with the requirements of this section, commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise be
disposed.
Page 17 of 24
2. Contract with or enter into a written agreement with food recovery organizations or
food recovery services for: (a) the collection of edible food for food recovery; or (b)
acceptance of the edible food that the commercial edible food generator self-hauls to
the food recovery organization for food recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food
recovery organization or food recovery service.
4. Allow the city’s designated enforcement agency to access the premises and review
records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14
CCR Section 18991.4:
a. A list of each food recovery organization or food recovery service that collects or
receives its edible food pursuant to a contract or written agreement established
under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section
18991.3(b).
c. A record of the following information for each of those food recovery
organizations or food recovery services:
i. The name, address and contact information of food recovery organization or
food recovery service.
ii. The types of food that will be collected by or self-hauled to the food recovery
organization or food recovery service.
iii. The established frequency that food will be collected or self-hauled.
iv. The quantity of edible food, measured in pounds recovered per month,
collected or self-hauled to a food recovery organization or food recovery
service.
D. Nothing in this chapter shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act, the Federal Good Samaritan Act,
or share table and school food donation guidance pursuant to Senate Bill 557, Chapter
9 of Part 27 of Division 4 of Title 2 of the Education Code, the California Health and
Safety Code, relating to food safety, as amended, supplemented, superseded and
replaced from time to time.
9.19.230 Food recovery organization and food recovery services requirements.
A. Food recovery services collecting or receiving edible food directly from commercial
edible food generators, via a contract or written agreement established under 14 CCR
Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14
CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food
generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food
generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization
per month.
Page 18 of 24
4. The name, address, and contact information for each food recovery organization that
food recovery service transports edible food to for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial
edible food generators, via a contract or written agreement established under 14 CCR
Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14
CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible food
generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food
generator per month.
3. The name, address, and contact information for each food recovery service that the
organization receives edible food from for food recovery.
C. Food recovery organizations and food recovery services that have their primary address
physically located in the city and contract with or have written agreements with one or
more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall
annually report to the city the total pounds of edible food recovered in the previous
calendar year from the tier one and tier two commercial edible food generators they
have established a contract or written agreement with pursuant to 14 CCR Section
18991.3(b) no later than April 1.
D. In order to support edible food recovery capacity planning assessments or other studies
conducted by the county, city, or designated entity, food recovery services and food
recovery organizations operating in the city shall provide information and consultation to
the city, upon request, regarding existing, or proposed new or expanded, food recovery
capacity that could be accessed by the city and commercial edible food generators. A
food recovery service or food recovery organization contacted by the city shall respond
to such request for information within 60 days unless a shorter timeframe is otherwise
specified by the city.
Article IV. License or Contract
9.19.240 Contract.
The city may after a duly noticed public hearing, with or without having invited bids therefor,
enter a contract, including an exclusive franchise agreement, with any responsible person, firm
or corporation for the collection, removal or disposal of solid waste accumulated within the city.
Such authorized person, firm or corporation shall be the authorized collector for the collection,
removal or disposal of solid waste accumulated within the city as set forth in this chapter. The
term of the contract, rates of collection, and other provisions of the contract shall be as provided
by resolution of the governing body of the city. Where such a contract has heretofore been or
hereafter is entered into between the city and a contractor for the collection, removal and
disposal of solid waste, and the contractor shall have satisfactorily performed such contract, the
city may, after a duly noticed public hearing, without inviting bids or proposals therefor, either
prior to or after the expiration of such contract, extend or renew the same for such a period and
on such terms and conditions as the city shall provide by resolution. The contractor shall be
known as the authorized collector.
Page 19 of 24
9.19.250 Service.
A. Unless otherwise authorized by the city, the authorized collector must provide solid
waste collection service in accordance with section 9.19.320 to all persons situated
within the areas specified in such contract, provided payment for such service is made.
The service shall be provided in a competent, efficient, clean and courteous manner.
B. The use of recycling facilities and organic material processing facilities must comply with
requirements set forth in section 9.19.310; and use of such facilities must be approved,
in writing, by the city manager.
C. The city may designate one or more intermediary transfer or processing stations of its
choice and direct any authorized collector to deposit collected recyclable material,
organic materials, and/or solid waste in said facility.
9.19.260 Minimum provisions.
The provisions of this chapter shall be the minimum requirements for the protection of the
public health, safety, convenience and general welfare.
9.19.270 Authorized collector.
The authorized collector, in accordance with this chapter, shall be considered as and shall
be an independent contractor and shall be responsible to the city for the result of the work to be
done, but shall act under their own directions as to the manner of performing the work; and shall
keep themself and all of their employees insured under California's worker's compensation
insurance requirements, and shall be insured against public liability and property damage, to be
not less than twenty million dollars ($20,000,000) plus any additional coverage required from
time to time by the city (including all such liability for use or operation of motor vehicles used in
the performance of work hereunder). Evidence of such insurance shall be filed with the city
listing the city as additional insured.
9.19.280 Exclusive right.
The award of a contract hereunder shall grant the authorized collector during the term of
the contract the exclusive right to collect, transport and dispose of all solid waste collected
within the city except as otherwise expressly provided in this chapter; provided further, however,
that debris box service for construction and temporary cleanup purposes may be provided by
persons other than the authorized collector.
9.19.290 Performance bonds.
The person or entity to whom such contract shall be awarded shall file with the city a bond
for the faithful performance of the contract in the sum of one hundred thousand dollars
($100,000.00). The bond shall be immediately paid to the city upon determination, as provided
in Section 9.19.350 hereof, that the authorized collector has failed to fully perform in a
competent, efficient, clean and courteous manner all of the services provided by this chapter or
the contract between the city and the authorized collector. In lieu of a performance bond the
authorized collector may furnish alternate financial security approved by the finance director and
city attorney.
Created: 2021-06-23 14:21:07 [EST]
Page 20 of 24
9.19.300 Exceptions.
With the exception that the sanitary requirements of this chapter must be complied with,
the provisions hereof shall not apply to persons collecting dead animals, bones or meat scraps
for tallow plants or medical wastes.
Article V. Responsibilities of Authorized Collector
9.19.310 Regulations.
A. Except as otherwise permitted by this chapter, and except for self-hauling which is not in
lieu of regular weekly service, it is unlawful for any person to collect or carry solid waste
through the streets of the city without first having entered a contract or obtained a permit
from the city to do so.
B. The authorized collector shall not permit any solid waste to fall or remain on any public
street or private premises in the city, shall close all gates used by it in collection service,
and shall operate as quietly as the circumstances allow.
C. Collection and transportation equipment shall be maintained and utilized consistent with
CCR, Sections 17341 through 17345.
D. The authorized collector shall further abide by all applicable laws and the regulations
and orders of the county health department or officer, and ordinances and general
regulations of the city, now or hereafter adopted.
9.19.320 Periodic service.
Unless otherwise authorized by the city or by state law, the collector shall provide not less
than weekly service to each owner, resident or tenant within the city. The authorized collector
may terminate service to any owner, resident or tenant for nonpayment of the established rates
if not fully paid for a period of two (2) months from and after the date such payment is due. Prior
to termination of such service, the authorized collector shall notify the city and customer, in
writing, of the proposed date of termination and the reason therefor. Such notice shall be given
by the authorized collector to the city no less than ten days prior to the date of termination of
service. The customer may request temporary suspension of service if the premises are to be
vacated for a reasonable period, to be not less than two (2) weeks and to occur no more than
three (3) times in a one (1) year period. The customer is also required to provide the authorized
collector with a resumption date for service.
9.19.330 Liability.
The authorized collector and the city shall be exempt from responsibility and liability for
tampering or misuse of any items left at curbside for collection and/or recycling should spillage
or other mishap occur prior to possession by the authorized collector. Once the authorized
collector takes possession of the solid waste, the authorized collector then assumes
responsibility and liability.
Created: 2021-06-23 14:21:08 [EST]
(Supp. No. 33)
Page 21 of 24
9.19.340 Assignment.
Neither the collection contract nor any part thereof shall be assigned, either voluntarily or
by operation of law, except upon the consent expressed by a resolution of the city.
9.19.350 Termination.
If the authorized collector refuses or neglects to comply with the terms of the contract or of
any laws, ordinances or regulations above referred to, for a period of thirty (30) days after being
notified in writing to do so by the legislative body of the city, then, after a hearing upon not less
than ten (10) days' written notice to the authorized collector, the city shall be entitled to
terminate the contract.
Article VI. Rates
9.19.360 Charge for service.
A charge shall be collected by the authorized collector at maximum rates to be established
between the city and the authorized collector, the rates to be subject to change upon approval
of an agreement between the city and the authorized collector. The property owner is
responsible for all charges for solid waste removal, including recyclable materials. The rates
shall provide to the authorized collector a fair and reasonable compensation and return.
9.19.370 Payment of rates.
It is unlawful for any person to refuse to pay the rates fixed for the collection of solid waste.
Nonpayment may result in cessation of service, a violation punishable by law, and/or a lien
against the property. It is unlawful for any person to dispose of solid waste, from premises
owned, occupied or leased by them, other than by and through the authorized collector, except
as provided in this chapter.
9.19.380 Disputed rates.
In any case where a dispute shall arise as to the rate or amount to be paid to the
authorized collector, the city shall have the power of final determination of such dispute, and
both the authorized collector and the owner, resident or tenant shall be bound thereby. In no
event shall the city be obligated in any way to the authorized collector or any owner, resident or
tenant for the collection of disputed accounts.
Article VII. Inspections and Enforcement
9.19.390 Inspections.
A. The city manager, authorized collector, or designee is authorized to conduct any
inspections, remote monitoring, or other investigations as reasonably necessary to
further the goals of this chapter, subject to the provisions of the authorized collector’s
franchise agreement and applicable laws. This may include inspections and
investigations, at random or otherwise, of any collection container, collection vehicle
load, or transfer, processing, or disposal facility to confirm compliance with this chapter
Page 22 of 24
and the provisions of the franchise agreement, subject to applicable laws. This section
does not allow entry in a private residential dwelling unit for inspection. For the purposes
of inspecting collection containers for compliance, the city manager or authorized
collector may conduct container inspections for prohibited container contaminants using
remote monitoring, and generators shall accommodate and cooperate with the remote
monitoring.
B. A person subject to the requirements of this chapter shall provide or arrange for access
during all inspections (with the exception of the interior of a private residential dwelling
unit) and shall cooperate with the city manager, authorized collector or designee during
such inspections and investigations. Such inspections and investigations may include
confirmation of proper placement of materials in collection containers, inspection of
edible food recovery activities, review of required records, or other verification or
inspection to confirm compliance with any other requirement of this chapter. Failure to
provide or arrange for: (i) access to the premises; (ii) installation and operation of remote
monitoring equipment, if a remote monitoring program is adopted; or (iii) access to
records for any inspection or investigation is a violation of this chapter and may result in
penalties.
C. Any records obtained by the city manager, authorized collector, or designee, during
inspections, investigations, remote monitoring and other reviews shall be subject to the
requirements and applicable disclosure exemptions of the California Public Records Act
as set forth in Government Code Section 6250 et seq.
D. The city, authorized collector or designee shall accept written complaints from persons
regarding an entity that may be potentially non-compliant with this chapter.
9.19.400 Violation—Penalty.
A. Any violation of this chapter may be enforced either as an infraction or as a misdemeanor,
or by any remedy available to the city under this code, or under state law.
B. Enforcement actions under this chapter may include issuance of an administrative citation
and assessment of a fine. The city’s procedures on imposition of administrative citations
and fines as contained in chapter 1 shall govern the imposition, enforcement, collection,
and review of administrative citations and fines issued to enforce this chapter and any rule
or regulation adopted pursuant to this chapter. Any section of this chapter may be enforced
by the city of San Rafael or, if agreed to, by its designated enforcement agency.
C. A violation may be punishable by:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation of the same
provision of this code within any twelve consecutive month period;
3. A fine not exceeding five hundred dollars for each additional violation of the same
provision of this code within any twelve consecutive-month period. Any citation
issued after the issuance of a third citation or violation of the same provision of this
code within any twelve consecutive-month period may be charged as a
misdemeanor pursuant to the provisions of chapter 1.
D. Other remedies allowed by law may be used, including civil action. The city may pursue
civil actions in the California courts to seek recovery of unpaid administrative citations,
and fines. The city may choose to delay court action until such time as a sufficiently large
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number of violations, or cumulative size of violations exist such that court action is a
reasonable use of city staff and resources.
9.19.410 Damages.
In any civil action by an authorized collector against a person alleged to have violated
Public Resources Code, Section 41950, the court may either allow trebled damages, as
measured by the value of the material removed, or award a civil penalty of not more than one
thousand dollars ($1,000.00), whichever is greater, for each unauthorized removal, against the
unauthorized person removing the recyclable material.
DIVISION 2. CEQA
The City Council finds that this Ordinance is exempt from the California Environmental Quality
Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the
grounds that it can be seen with certainty that the enhanced solid waste regulations, as
provided for in this Ordinance will not have a significant effect on the environment and that the
new requirements, which strengthen requirements for the handling of solid waste, represent
actions by a regulatory agency (the City) for the protection of the environment.
DIVISION 3. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more
section, subsection, sentence, clause, or phrase be declared invalid.
DIVISION 4. PUBLICATION; EFFECTIVE DATE
A summary of this ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council
meeting at which it is adopted.
This ordinance shall be in full force and effect thirty (30) days after its final passage, and the
summary of this ordinance shall be published within fifteen (15) days after the adoption, together
with the names of those Councilmembers voting for or against same, in the Marin Independent
Journal, a newspaper of general circulation published and circulated in the City of San Rafael,
County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk,
a certified copy of the full text of this ordinance along with the names of those Councilmembers
voting for or against the ordinance.
KATE COLIN, Mayor
ATTEST:
LINDSAY LARA, City Clerk
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The foregoing Ordinance No. 2004 was introduced at a Regular Meeting of the City Council of
the City of San Rafael, held on the 22nd day of February 2022 and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 7th day of March 2022.
LINDSAY LARA, City Clerk