HomeMy WebLinkAboutOrd 2005-2992
ORDINANCE NO. 2992
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO CHULA
VISTA MUNICIPAL CODE CHAPTERS 8.24 AND 8.25 TO
CONFORM LANGUAGE RELATING TO SOLID WASTE,
LITTER, AND RECYCLING, AND THE IMPLEMENTATION
OF A V ARIABLE RATE STRUCTURE
WHEREAS, in the fall of 200 I, City Council approved the implementation of a unit
pricing rate structure as part of its solid waste management plan; and
WHEREAS, that plan provided for a unit pricing rate structure with automated collection
for small quantity generators, and rate structure modifications for large quantity generators that
encourage waste reduction and provide recycling incentives; and
WHEREAS, the implementation of these programs prompted the need for minor
conforming changes to CVMC Chapters 8.24 and 8.25 relating to solid waste, litter and
recycling; and
WHEREAS, the City Council desires to amend Chula Vista Municipal Code Chapters
8.24 and 8.25 so that these chapters conform to the unit pricing rate structure of the City's solid
waste management plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
ORDAIN AS FOLLOWS:
SECTION I: That Chapters 8.24 and 8.25 of the Chula Vista Municipal Code are hereby
amended as follows:
SOLID WASTE AND LITTER*
Sections:
8.24.010 Purpose and intent.
8.24.020 Definitions.
8.24.030 Accumulation of materials constituting a fire hazard prohibited.
8.24.040 Solid waste - Disposal in public places prohibited.
8.24.045 Solid waste generated off-site - Placement in City trash containers - Prohibited.
8.24.050 Solid waste - Disposal on private property prohibited - Exception.
8.24.060 Owner or occupant responsibility to maintain sanitary premises.
8.24.070 Solid waste - Collection prohibited when - Burning prohibited.
8.24.080 Solid waste - Containers approved for use by small quanity generators (single-family
residential and sijlall businesses with cart service) and large quanity generators (bin and
roll-off-box service) for solid waste, yard waste and recyclables.
8.24.090 Solid waste - Placement in containers or bundles - Restrictions.
8.24.100 Solid waste - Placement of containers for collection - Times.
8.24.110 -
8.24.170 Reserved.
8.24.180 Payment of solid waste collection charges - Penalty for delinquency.
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8.24.190 Reserved.
8.24.195 Mandatory recycling for exempt and reduced rate customers.
8.24.200 Interference with collection and scavenging prohibited when.
8.24.210 Littering - By private persons prohibited where.
8.24.220 Littering - By corporations or persons prohibited where.
8.24.230 Owner or occupant duty to keep sidewalks free oflitter.
* For authority for cities to declare what shall be deemed a nuisance, see Gov. Code § 38771; for
provisions regarding abatement of nuisances, see Gov. Code §§ 38773 and 38773.5.
CROSS REFERENCES: Dead Animals, see Ch. 6.16 CVMC.
Prior legislation: Prior code §§ 16.1 - 16.3 and 16.7 - 16.18; Ords. 912, 949, 1204, 1852,
1988,1999,2004,2206,2428,2484 and 2740.
8.24.010 Purpose and intent.
The City Council finds that the accumulation, storage, collection, transportation,
processing and disposal of solid waste is a matter of public concern, in that improper control of
such matters creates a public nuisance and can lead to air pollution, fire hazards, illegal dumping,
insect breeding, rodent infestation and other problems affecting the health, welfare and safety of
the residents of this and surrounding cities. The City Council further finds that the minimum
weekly collection of solid waste from all residences and places of business in the City benefits
all occupants of residences and businesses within the City. Accordingly, the collection of solid
waste in the City is a mandatory service, shall not be discontinued, and all owners and occupants
as defined in CVMC 8.24.060 are made liable for the payment of such fees as may be approved
from time to time by the City Council. The City Council further declares that the regulations
provided in this chapter are designated to eliminate or alleviate such public health and safety
concerns, and provide minimum standards for the accumulation, storage, transportation and
processing of solid waste. (Ord. 2764 § 1, 1998).
8.24.020 Definitions.
For the purpose of this chapter, the definitions contained in CVMC 8.25.020 shall
govern, unless the context otherwise requires or indicates. (Ord. 2764 § 1, 1998).
8.24.030 Accumulation of materials constituting a fire hazard prohibited.
It is unlawful for any person to create or allow to be created, or maintained upon any
premises in the City-owned or controlled by such person, any accumulation of materials that are
dangerous as fire menace or hazard. (Ord. 2764 § I, 1998).
8.24.040 Solid waste - Disposal in public places prohibited.
It is unlawful for any person to place, dump, deposit or throw any solid waste including,
but not limited to, plastic, glass, metal, paper, green waste, other food waste, automobile parts, or
other solid waste or liquid wastes of any kind or character whatsoever, upon or along the right-
of-way of any public highway, street, lane, alley or other public place within the corporate limits
of the City. (Ord. 2764 § I, 1998).
8.24.045 Solid waste generated off-site - Placement in City trash containers - Prohibited.
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City solid waste and litter containers are placed in City parks, at bus stops and other
public areas for the use of the public to control litter and solid waste which is generated at or
near the location where the solid waste containers are located; they are not to be used as disposal
sites for solid waste which is generated off-site, except as defined as incidental waste in CVMC
8.25.020. Therefore, it is unlawful for any person to place, dump, deposit or throwaway solid
waste of any kind or character whatsoever other than incidental waste in City litter or solid waste
containers, if such was generated at a location other than where the solid waste or litter container
is located. (Ord. 2764 § I, 1998).
8.24.050 Solid waste - Disposal on private property prohibited - Exception.
It is unlawful for any person to place, dump, deposit or throwaway any solid waste or
other waste discards of any kind or character whatsoever, upon any private property adjacent to
or abutting upon any public highway, or public place, or upon any private property whatsoever,
within the corporation limits of the City, unless such person first obtains the written permission
of the owner of such property so to do. It is further unlawful for such person to deposit or place
such materials in any solid waste container owned or used by the owner of such property, unless
such person first obtains the written permission of the owner so to do. This section is not
intended to preclude a person from disposing of waste generated at a business in containers
provided for customers of the business, such as empty food containers being placed in public
waste containers at a fast food restaurant. (Ord. 2764 § 1, 1998).
8.24.060 Owner or occupant responsibility to maintain sanitary premises.
Every owner, tenant, occupant or person owning or having the care and control of any
premises in the City shall keep said premises or those under his/her care and control in a clean
and sanitary condition, and no person shall permit any solid waste or any other substance which
may be or will become offensive to be deposited or to remain in or upon any premises owned or
occupied by him or under his care and control, except as otherwise expressly permitted by this
chapter. It shall be the responsibility of such person to provide for weekly scheduled solid waste
collection service by means of the City's contract or franchise agent and pay for such services
pursuant to this chapter. However, any such person subject to the mandatory requirement may
remove or convey their own waste to a state-permitted landfill or transfer station by applying for
an exemption in writing in advance and receiving such exemption pursuant to CVMC 8.24.180.
Any dispute as to such exemption may be appealed to the City Manager. (Ord. 2764 § 1, 1998).
8.24.070 Solid waste - Collection prohibited when - Burning prohibited.
A. No person shall collect, remove or convey, or cause or permit to be collected,
removed or conveyed, any residential, commercial or industrial solid waste upon or along any
public street, alley or any other public place in the City; provided, however, the prohibitions of
this section shall not apply to authorized employees of the City, or to any person or firm or
employees thereof, with whom the City or a local school district has entered into a contract or
franchise for the collection, removal or disposal of solid waste, or to the occupant or owner of
any residence personally removing their own solid waste from said residence or commercial
establishment or as may otherwise be permitted or required by federal or state laws that legally
supersede the provisions of this chapter. Occupants or owners removing or conveying their own
waste shall comply with the provisions of this chapter and all local state and federal regulation
regarding the safe transportation and disposal of wastes.
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B. It is unlawful for any person to burn or bury any solid waste as a means of disposing
of said waste. (Ord. 2764 § 1, 1998).
8.24.080 Solid waste - Containers approved for use by small quanity generators (single-family
residential and small businesses with cart service) and large quanity generators (bin or roll-off
service) for solid waste, yard waste and recyclables.
A. It is unlawful for any small quanity generator in a residential area to keep or store any
solid waste and recyclables within containers except those provided by the City contract or
franchise agent. Residents may keep yard waste in a container provided by the City contractor
or franchise agent or their own standard waste container. Such standard containers shall be a
maximum capacity of 40 gallons, tapered gradually, decreasing in diameter toward the bottom of
the container, made of metal or plastic with metal or plastic covers and operable handles, and
shall be watertight and fly-proof. Residents may also purchase and use their own automated yard
waste container for yard waste only, if that container has been approved by the City. Large
quanity generators shall utilize containers provided by the City contract or franchise agent.
Compactor containers or other receptacles provided by large quanity generators, such as
commercial and industrial customers, must be approved by the City contract or franchise agent
for compatibility with collection equipment before use. Use of incompatible compactors or other
containers is not allowed and the purchase or lease of such equipment will not be considered
grounds for an exemption from mandatory service.
B. Further, every person having the care or control of any place or premises within the
City where solid waste accumulates or exists shall cause such solid waste to be placed and kept
in such watertight containers, with lids securely fitted, and in a number adequate to contain the
total amount of solid waste (refuse, recycling and yard waste) accumulating during the maximum
allowed one-week interval between each collection or removal thereof. (Ord. 2764 § I, 1998).
C. Enclosures for solid waste containers must be of adequate size to hold the number of
containers required to temporarily store the refuse, recycling and yard waste generated
in-between service intervals, pursuant to Section 8.24.080.A. The enclosures shall also be
adequate in size to accommodate other ancillary collection and removal services, i.e. grease
rendering as defined in Chapter 19.58.340.
8.24.090 Solid waste - Placement in containers or bundles - Restrictions.
All solid waste shall be kept within sturdy containers made of metal or plastic, and no
solid waste shall be placed in any container so that it protrudes or extends beyond such
containers. Containers shall also have tight-fitting lids sufficient to keep out the rain and prevent
litter. Every owner, tenant, occupant or person having responsibility for premises shall subscribe
for adequate service and maintain the number of rigid containers and lids sufficient to separately
hold their weekly solid waste (refuse, recyclables and yard waste). Yard waste and other
designated recyclables shall never be placed for collection in plastic bags. The weight of any
empty standard container for yard waste for a small quanity generator shall not exceed 15
pounds; the weight of any fully loaded container shall not exceed 60 pounds. Cardboard
containers shall not be used as solid waste containers and should be emptied, broken down and
placed at the designated collection location for collection with recyclables.
A. The following actions are approved for solid waste by small quantity generators
(single-family residential and small businesses with curbside collection service):
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I. Color-coded and specially marked containers will be provided upon request by the
City contract or franchise agent for used oil, oil filters, and designated recyclables at no
additional charge. Color-coded and specially marked containers for yard waste will be
provided at the resident's option and require a monthly rental fee established in the
maximum rate schedule.
2. Brush and limbs of trees may be placed outside of yard waste containers, tied with
natural fiber (compostable) twine into bundles of not more than four feet in length, 18
inches in diameter and 35 pounds in weight;
3. Any person desiring to receive different, additional, or more frequent service may
do so through the contract or franchise agent, on mutually agreeable terms and
conditions, by contacting the contract or franchise agent at least two days before their
regular refuse collection service day.
B. The following actions are prohibited for small quantity generators:
1. Use of severely damaged containers or containers with jagged or sharp edges (said
containers will be appropriately tagged by contract or franchise agent first time noted and
will be collected by contract agent if used subsequently to being so tagged);
2. Placement of hazardous or toxic wastes, such as solvents, paints, pesticides, fuels,
explosives and medical wastes, at the designated collection location for collection by the
City or any contract or franchise agent(s). This prohibition is not intended to exclude the
door-to-door collection of any hazardous waste, by appointment, by a contractor licensed
by the City and permitted by the State Department of Toxic Substances or the county
environmental health department;
3. Placement of construction and demolition waste at the designated collection
location for service by the City contractor or franchise agent which may resist
compaction or damage equipment, such as large metal objects, concrete blocks, dirt or
tires. This prohibition is not intended to prevent a resident from making an appointment
for free bulky pick-up, free used oil and filter collection, or contracting with the City
contract or franchise agent for a temporary bin for construction debris, metals, yard waste
and source separated recyclable materials;
4. Deposit of solid waste or any other material in waste containers intended for use
by, or belonging to, others;
5. The disposal of designated recyclables in solid waste containers.
C. Enforcement.
1. Generators that fail to place solid waste (refuse, recyclables or yard waste) out for
collection in proper containers or fail to properly separate recyclables will be tagged with
a notice and provided with proper instructions.
2. Repeated violation of proper set-out and/or separation after notification by the City
or its contract or franchise agent will subject the violating person to a penalty of up to
$10.00 per incident. That penalty will be assessed as part of the regular solid waste
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disposal bill and will be subject to the same payment and collection procedure provided
in CVMC 8.24.180.
3. An additional fee of $10.00 will be added to the bimonthly or montWy service fee
to restart service for any owner/occupant that discontinues service prior to receiving an
exemption under CVMC 8.24.180(H). (Ord. 2764 § I, 1998).
8.24.100 Solid waste - Placement of containers for collection - Times.
No solid waste shall be placed for collection in an alley or on the curb or the streets
before 6:00 p.m. on the day immediately prior to the scheduled collection day. No person shall
permit solid waste containers to remain on the street or alley after 8:00 p.m. of the collection day.
Collection point shall be in front of the residential property at the curbline or as close thereto as
possible without creating an obstacle on the sidewalk. All solid waste placed at such collection
points shall be deemed a request for service by the City's contract or franchise agent. Carts shall
be placed at least 1.5 feet apart, with wheels against the gutter; manually collected items, such as,
bulky pick up items, standard yard waste containers and designated used-oil recycling containers
shall also be 1.5 feet from carts. (Ord. 2764 § I, 1998).
8.24.110 Reserved.
8.24.120 Reserved.
8.24.130 Reserved.
8.24.140 Reserved.
8.24.150 Reserved.
8.24.160 Reserved.
8.24.170 Reserved.
8.24.180 Payment of solid waste collection charges - Penalty for delinquency.
A. Payment Obligation. The City Council finds and determines that the regular
collection of solid waste, yard waste and designated recyclables, and the disposal or processing
thereof by the contract or franchise agent of the City from all places in the City, is a part of the
integrated solid waste management service to the premises from which it is collected. All
owners and occupants of premises within the City shall be responsible for paying the monthly
collection service rate charged by the City or its contract or franchise agent, or shall comply with
the provisions of this chapter for an exemption from mandatory service as set forth in subsection
(H) of this section. No person that has not previously applied for and received an exemption
shall willfully fail, neglect or refuse, after demand by the City or its contract or franchise agent,
to pay the service fees.
B. Billing and Payment. All solid waste service charges shall be billed upon a monthly
or bimonthly basis as determined by the City Council, and shall be due and payable by the
owner/occupant at the time indicated in the billing statement. The City's solid waste contract or
franchise agent will provide solid waste billing services, and subject to the provisions of this
chapter, be primarily responsible for the collection of payments. The due date for each class of
generator shall be clearly indicated on the bill/invoice. If the due date falls on a Saturday,
Sunday or legal holiday, the customer will have until the end of the next regular business day to
make payment. Payments made by mail must be post-marked no later than midnight of the due
date on the invoice. Payments may be made in person on or before the due date between 8:00
a.m. and 5:00 p.m., Monday through Friday excluding holidays, at the contract or franchise
agent's Chula Vista office.
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C. Billing Cycles, Classifications and Due Dates. All solid waste service charges for
small quanity generators (residential dwellings and businesses with curb or alley cart service)
shall be billed bimonthly in advance. The due date for small quanity generator invoices shall be
the last day of the bimontWy billing cycle. Solid waste service charges for large quanity
generators (residences and businesses with bin, compactor or roll-off service) shall be billed
monthly in arrears. The due date for large quanity generator invoices shall be 15 days after the
last day of the monthly billing cycle. The cost of temporary services such as industrial roll-off
boxes may be applied to the monthly or bimonthly billing statements of existing customers,
secured by a line of credit or paid for as "Cash On Delivery" (COD) as mutually agreed by the
City contract or franchise agent and the customer. The City will direct the contract or franchise
agent to deliver invoices to the Postal Service in a manner that will provide the customer no less
than 15 days for delivery and payment of their invoice without penalty.
D. Service Rates. The contract or franchise agent shall set service rates subject to a
maximum rate established by the City Council. A complete schedule of maximum rates shall be
kept on file with the City Clerk and the City conservation coordinator and is available for public
review. Maximum rates may be subject to increase pursuant to the terms of the City's contract
or franchise with the contract or franchise agent(s). Subject to the terms of the then-in-effect
contract or franchise, the Council may from time to time establish such rates by resolution,
including the establishment of rates for different classifications of generators (residential,
commercial, industrial or subclassifications thereof) or types of materials generated, including
preferential or discounted rates for senior citizens or low income families or other classifications
which are deemed to be in the public interest.
E. Penalties for Delinquency - Notification.
I. A bill shall be considered delinquent if payment in full is not received by the close
of business or postmarked before midnight of the due date as shown on the bill. However
when the final day falls on a Saturday, Sunday or legal holiday, payment may be made
without penalty on the next regular business day. If payments for small quanity generator
invoices have not been received by the City contract or franchise agent 10 days before the
due date, the City contract or franchise agent shall send notification ("first warning")
outlining potential late fees and penalties to the resident or business.
2. Late Notice. In the event the owner or occupant of any premises or business shall
be delinquent in payment of any part or all of the solid waste fees and delinquency
continues for a period of 10 days after the due date shown on the bill, the City's contract
or franchise agent shall send notification ("late notice") to the owner and occupant
informing both of the amount owed and the schedule of penalties and costs accrued at
each stage of delinquency as defined below. The notification to the owner shall be
mailed to the name and address listed on the last available property tax assessment roll
and shall include the potential delinquency amount to be assessed as a lien and collected
on the owner's property tax bill. Ifpayment in full is not received by the due date on the
bill/invoice, the City or its contract or franchise agent may impose a one time
late/processing fee equal to 10 percent of the charges owed or $10.00. In addition, for
each 30 days the delinquent bill remains unpaid, the City, its contract or franchise agent
may impose additional late/processing fees equal to one and one-half percent of the
outstanding debt. If the bill is not paid within 15 days of the invoice due date, the City
contract or franchise agent may charge an additional restart fee of $1 0.00. (The penalties
and restart fee are designated for administrative convenience only in the master fee
schedule.) The City, its contract or franchise agent must at minimum send one
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bill/invoice at least 10 days before the due date and one notification letter by first class
mail to the owner or occupant prior to assessing a penalty.
3. Final Late Notice. In the event that the owner or occupant of any premises or
business is delinquent in payment of all or any part of the solid waste bill, other than that
for which they have applied for and received an exemption from the City, for a period of
90 days after the due date of the invoice, the City or franchise agent shall assign the
delinquent account to the City for collection. Upon mutual agreement, the City contract
or franchise agent may assign delinquent accounts to the City before 90 days. At least 10
days prior to assigning an account to the City for collection, the City contract or franchise
agent shall send a second notification ("final late notice") to the owner. The notification
shall include the total current amount due, a description of the potential penalties for
delinquent amounts and a description of the potential lien process (penalties and fees are
designated for administrative convenience only in the master fee schedule), the location
where the bill may be paid in person during regular business hours and a self-addressed
return envelope for payment by mail.
4. Final Notice of Delinquency. Upon assignment of the delinquent account to the
City for collection, the delinquent charges, penalties and fees may be collected by the
City:
a. Pursuant to a lien imposition and property tax bill process provided below;
b. By suit in any court of competent jurisdiction; or
c. Any other manner permitted by law or equity at the City's discretion.
Prior to setting a hearing to consider a lien, the City will send notification ("final notice
of delinquency") to the property owner with a detailed description of the amount owed, the
penalty schedule, lien procedure and associated costs and administration fees (the penalties and
fees are designated for administrative convenience only in the master fee schedule).
F. Lien Process for Solid Waste Services.
1. Hearing and Lien - Notice. When the full amount for said solid waste service
charge is not paid within 15 days after the final notice of delinquency, the City Clerk may
set said delinquent account for hearing by the City Council at a regular or adjourned
regular meeting, which will be held at least seven calendar days after such 15-day period
has expired. The owner of the property shall be mailed notice of the time and place of
the hearing. The notice shall also inform the property owner that failure to pay said
delinquent account will result in a lien upon the property, and the amount owed will be
charged to the property owner on the next regular tax bill. Notice of the public hearing
shall also be published once at least 10 days in advance thereof in a newspaper of general
circulation published in the City of Chula Vista. The City Clerk shall post a copy of such
notice of the time and place of hearing, in a conspicuous place at or near the entrance of
the Council Chambers in the City Hall.
2. Delinquent Accounts - Hearing and Assessment. The City Council shall consider
said delinquent accounts at the time set for hearing, together with any objections or
protests by interested parties. Any owner of land or person affected by the charges may
present a written or oral protest or objection to the delinquency of said account or the
amount owed thereon. At the conclusion of the hearing, the City Council shall either
approve the delinquency and amount owed on the account as submitted or as modified or
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corrected by the City Council. The decision of the City Council on the charges and on all
protests or objections shall be final and conclusive. The amounts so approved shall
reflect the entire amount due, including all penalties, interest and administrative fees that
have accrued against the account as of the date of the hearing plus any county fees (for
processing and collecting the lien). The amount shall be charged to the property owner
on the next regular tax bill and shall be a lien upon the property involved. The City
Council shall confirm such assessment and cause the same to be recorded on the
assessment roll and, thereafter, such assessment shall constitute a special assessment and
lien upon the property. The City Council shall adopt a resolution assessing such amounts
as liens upon the respective parcels of land as they are shown upon the last available
assessment roll.
3. Delinquent Accounts - Administrative Fee. All delinquent accounts that are not
paid within 10 days after the final delinquency notice has been posted may be charged an
administrative processing fee to offset the costs incurred by the City in administering the
provisions of this chapter. The administrative processing fee (designated for
administrative convenience only in the master fee schedule) shall be added to the amount
due as collected by the City under subsection (E)( 4) of this section.
G. Solid Waste Service Deposits Required When - Amount. The City, its contract or
franchise agent have the right to require deposits from the owner or occupant of any premises
who has allowed his/her bill for solid waste service charge to become delinquent or who does not
have an acceptable credit rating. Deposits shall be equal to the estimated amount of the solid
waste service charges for two billing cycles, but in no event shall the deposit be less than $25.00.
H. Request for Exemption from Fees - City-Approved Exception.
I. Terms for an Exemption. All exemptions and extensions will be granted for a
period of not more than 180 days and shall be at the discretion of the Director of Public
Works or his/her designee. Applicants which have been cited with a notice of violation
or administrative citation and those that have been late on sewer or solid waste fee
payment within the past six months will not be qualified for an exemption.
2. Process for Request. Requests for an exemption for mandatory solid waste
services and payment shall be made on a form provided by the Director of Public Works.
Requests on the required form shall be completed by the applicant and submitted to the
City, as outlined on the form, at least five working days before the next applicable solid
waste billing cycle. An extension of an approved exemption may be requested by
submitting the request in writing at least 10 days before the end of the current extension
period.
3. Conditions of an Approved Application. Applicants shall agree to an inspection of
their premises to verify compliance with solid waste diversion and pay an inspection fee
to the Director of Public Works or his designee, per exemption period, of $15.00. The
inspection fee shall be waived if the premises are in compliance. If the premises are
found to not be in compliance, subsequent re-inspection fees shall also be charged.
Failure to notify the City Conservation Coordinator or the City's contract or franchise
agent in writing prior to reoccupying the premises, or otherwise altering compliance with
the exemption conditions, shall constitute delinquency of payment for collection charges,
and charges and penalties shall be retroactive to the first day of the exemption period. In
all cases, property owners and/or their agents will be expected to maintain sanitary
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premises pursuant to CVMC 8.24.060 including, but not limited to, litter abatement,
clean sidewalks and gutters, and yard waste recycling (as appropriate), throughout the
exemption period.
4. Special Terms. Exemptions will not apply retroactively except as stated in a Class
I vacancy exemption below. All exemptions requested by tenants shall also be signed by
the property owner.
a. Vacancy Exemption for Unoccupied Premises. In the event that the premises
are unoccupied and all water, sewer, electricity and gas are also disconnected, an
owner or occupant of a residence or business may request a vacancy exemption.
Should the premises be unoccupied due to a death or similar hardship, the
executor, beneficiary or county probate administrator may request a retroactive
exemption. It is the responsibility of the occupant and/or the property owner to
cancel an exemption for vacancy and restart service if the property is to be
occupied before the end of the exemption period. The request for service shall be
made to the City contract or franchise agent at least two regular business days
before the next regular collection service day.
b. Self-Haul. Occupant or tenants of premises may apply for an exemption from
fees for all or part of the solid waste, yard waste and recycling services and
remove or convey waste and/or recyclables for processing and disposal which
they generate themselves. Such persons must provide weekly receipts for
disposal at a state-permitted landfill or transfer station and/or appropriate
recycling facility at the end of each billing cycle or upon demand by the City or
its contract or franchise agent. Persons provided an exemption are still subject to
state-mandated waste diversion goals and may not: (1) dispose of their waste in
the waste receptacle of another generator in Chula Vista or another jurisdiction, in
a park or street litter bin, (2) contract with a third party to remove and convey
their waste, (3) burn their waste in their fireplace or other means, (4) dispose of
designated recyclables, or otherwise improperly dispose of waste or recyclables as
established in CVMC 8.24.040, 8.24.045 and 8.24.050. A self-hauler exemption
is not a permit to haul waste generated by a second party.
c. Source Reduction, Recycling and Composting Exemption. The
occupant/owner of any premises may apply for an exemption from all or part of
the solid waste, yard waste and recycling fees for 100 percent diversion (no
disposal of any kind, anywhere). Such persons must provide a written description
of their solid waste management plans, to comply with the state-mandated landfill
diversion goal and the City's integrated solid waste management plan.
d. Property owners and occupants within an area newly annexed to the City that
was not currently using the City's contract or franchise agent may use the service
of a private refuse collection service other than the City's franchise agent for a
period not to exceed one billing cycle. If the owner or occupant was under a
pre-existing franchise agreement with a private refuse collection service other
than the City's contract or franchise agent, they may remain with that service to
the extent required by law until the end of the agreement period, less any
extensions in that agreement, for a period not to exceed 180 days.
e. The City contractor or franchise agent may suspend collection service and/or
charges from a large quanity generator for:
i..Vacancy,
ii.Delinquency of payment subsequent to implementation of CVMC
8.24.180(E), or
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iii.Mutual agreement by the City and contract or franchise agent. The
contractor shall notify the City quarterly of all suspended accounts that did
not result in payment. (Ord. 2764 § I, 1998).
8.24.195 Mandatory recycling for exempt and reduced rate customers.
Where a solid waste rate reduction or exemption is granted hereunder, the affected party
shall not be exempted from and shall remain subject to the mandatory recycling ordinance. Each
person receiving a rate reduction or exemption shall be responsible for doing his or her equitable
share to assist the City with the 50 percent landfill diversion goal mandated by the California
Integrated Waste Management Act of 1989 (AB 939) including, but not limited to, participation
in source reduction, reuse, recycling and compo sting ofthe designated recyclables and household
hazardous waste as applicable. Failure to comply with the mandatory recycling ordinance or
disposal of solid waste at a site other than the premises where the waste was generated shall be
cause for termination of the exemption or reduced rate and shall subject the rate payer to paying
the full cost of service for the full period of the exemption or reduced rate, plus any applicable
penalty for violation of CVMC 8.24.040, 8.24.045 and 8.24.050. (Ord. 2764 § I, 1998).
8.24.200 Interference with collection and scavenging prohibited when.
It is unlawful for any person or persons, other than the City contract or franchise agent as
defined herein and authorized by the City to collect solid waste or household hazardous waste, to
interfere in any manner with any solid waste, household hazardous waste, designated recyclables
or yard waste container or the contents thereof, whether owned by private persons, the City, or
by its contract or franchise agent, or to remove any such container or its contents from the
location where the same was placed by the owner thereof. This provision is not intended to
prohibit any person, firm or corporation generating a reusable or recyclable commodity from
selling or giving the same as he/she or it may desire; provided, that the commodity(ies) shall be
removed and conveyed in a manner strictly in accordance with the rules and regulations of the
county department of environmental health and Chapters 8.23, 8.24, and 8.25 CVMC, and that
such commodities shall be diverted from a landfill, transformation facility, use as alternative
daily cover at a landfill, or other land application or other use not expressly recognized as
diversion by the City or the California Integrated Waste Management Act of 1989. (Ord. 2764 §
1,1998).
8.24.210 Littering - By private persons prohibited where.
No person or persons shall leave, discard, deposit, throwaway, or cause to be left,
discarded, deposited or thrown away, any solid waste, hazardous waste or medical waste of any
type including, but not limited to, paper, wood, glass, plastic, metals, green waste or other
organic matter, upon any street, alley, gutter, sidewalk, parkway, park or recreational area in the
City. (Ord. 2764 § I, 1998).
8.24.220 Littering - By corporations or persons prohibited where.
It is unlawful for any person, firm, company or corporation to deposit upon any sidewalk
or street within the City any sweepings from any sidewalk, stairway or other opening leading to
the street or sidewalk. All such sweepings or material from any sidewalk or any other opening
leading to the street or sidewalk within the City shall be removed in a pan, shovel or other
container and placed in a container for solid waste, or green waste recycling or other recycling
container as appropriate. (Ord. 2764 § I, 1998).
Ordinance 2992
Page 12
8.24.230 Owner or occupant duty to keep sidewalks free of litter.
It shall be the duty of all owners and occupants of buildings in the City and the duty of all
owners of vacant lots in the City to keep the sidewalks adjacent to such premises clean and free
of any solid waste of any type including, but not limited to, paper, wood, glass, plastic, metals,
green waste, noxious weeds and vegetation or other organic matter. (Ord. 2764 § I, 1998).
Chapter 8.25
RECYCLING
Sections:
8.25.010 Purpose and intent.
8.25.020 Definitions.
8.25.030 Mandatory fees for recycling.
8.25.035 Reserved.
8.25.040 Separation of recyclable materials, storage, and containers.
8.25.050 Mandatory recycling.
8.25.060 Recycling programs.
8.25.070 Reports.
8.25.080 Scavenging.
8.25.090 Composting.
8.25.100 Enforcement.
8.25.110 Severability.
8.25.010 Purpose and intent.
The purpose of this chapter is to provide standards for integrated solid waste
management, to include source reduction, recycling and composting of solid wastes, in order to
provide for the long-term health, safety and welfare of Chula Vista residents through extending
current landfill capacity, preserving resources, and providing for the general protection of the
environment. The chapter provides for regulation of the storage, collection, transportation and
recovery of marketable and recyclable materials. (Ord. 2740 § 3, 1998; Ord. 2492 § I, 1992).
8.25.020 Definitions.
For purposes of this chapter, and other municipal code provisions referring hereto, the
following words shall have the meanings ascribed thereto, unless the context in which they are
used clearly indicates another meaning:
A. "Aluminum" means recoverable materials made from aluminum, such as used
aluminum food or beverage containers, aluminum foil, siding, screening, and other items
manufactured from aluminum.
B. "Bin" shall mean those plastic or metal containers of one cubic yard (202 gallons) to
eight cubic yards that have plastic lids on the top (unless metal lids are designated by the City
manager). Bins are used for weekly or more frequent collection of waste, yard waste or
designated recyclables by the City or its franchise agent.
Ordinance 2992
Page 13
C. "Bulky waste" means discarded items whose large size or shape precludes or
complicates their handling by standard residential or commercial solid waste, recycling and
green waste collection methods. Bulky items include white goods, furniture, large auto parts,
trees, stumps, carpet and other potentially oversize wastes. Bulky waste does not include
hazardous or infectious waste unless specifically exempt, such as freon containing refrigerators.
D. "Buy-back center" means a facility licensed and permitted by the Department of
Conservation and/or local jurisdiction which pays a fee for the delivery and transfer of ownership
to the facility of source separated materials for the purpose of recycling or compo sting.
E. "Cardboard" means post-consumer waste paper grade corrugated cardboard (grade
#11), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes
and are discarded and can later be reclaimed for collection and recovery for recycling.
F. "Carts" shall mean those plastic containers with a capacity of less than 202 gallons
(one cubic yard). Carts shall have a fixed lid and are designed for automated and/or
semi-automated collection of solid waste, yard waste and/or designated recyclables by the City
or its franchise agent.
G. "City" shall mean the City of Chula Vista, a municipal corporation of the state of
California, in its present incorporated form or in any later reorganized, consolidated, enlarged or
reincorporated form.
H. "Collection" means the act of removing and conveying nonhazardous and
noninfectious solid waste, commingled or source separated materials, from residential,
commercial, industrial, or institutional (governmental) generators to a facility for processing,
composting, transfer, disposal or transformation.
I. "Commercial" means a site and/or business zoned or permitted for any use other than
residential including, but not limited to, commercial, light industrial, industrial and agricultural.
Commercial generators that generate three or more cubic yards of waste per week are serviced
by a bin or compactor collection vehicle.
J. "Commercial recyclables" means designated recyclable materials from the two
commercial subcategories of office and hospitality. Materials include, but are not limited to:
office paper, cardboard, newspaper, and aluminum from offices; and cardboard, glass bottles and
jars, plastic bottles, aluminum, tin and bi-metal cans, and white goods from hospitality
establishments.
K. "Compactor containers" means those fully enclosed metal containers of two to 40
cubic yards provided by the City's hauler or customer. Compactors typically serve very large
quanity generators.
1. "Compost" means the product resulting from the controlled biological decomposition
of organic wastes that are source separated from the municipal solid waste stream.
M. "Composting" shall mean the controlled and monitored process of converting organic
wastes into compost.
Ordinance 2992
Page 14
N. "Construction waste" means the demolition, dredging, grubbing, building, and rubble
resulting from construction, remodeling, repair, and/or demolition activities on housing,
commercial, governmental building, and other structures and pavement.
O. "Contract or franchise agent(s)" means any person, private or public entity designated
by the City Council, pursuant to Article XII of the City Charter and Chapter 8.23 CVMC, as
being responsible for administering the collection, processing and/or disposal of solid waste or
designated recyclables.
P. "Recycling box" shall mean those containers with a capacity of 18 gallons to 32
gallons which are supplied by the City or its franchise agent for manual collection of designated
recyclables at special events.
Q. "Curbside collection" means the service of removing and conveying of nonhazardous
and noninfectious solid waste, source separated recyclables and/or green waste from the public
thoroughfare at the curb or alley. (The City shall make the final determination regarding
eligibility for curbside collection, which shall generally apply to small quantity generators.)
R.1. "Designated containers" ("containers") shall mean those containers designated by
the City Manager for temporary storage and collection of waste or designated recyclables
including but not limited to curbside bins, carts, bins, roll-off boxes, and/or compactor
containers.
R.2. "Designated Recyclables" means those materials designated by the City Manager
for recovery or reuse. Any material having an economic value on the secondary materials
market or that is otherwise salvageable shall be included and/or other materials that have been
separated from other small quantity or large quantity generators for the purposes of being
recycled for resale and/or reuse, and placed at a designated recycling or waste collection or
storage location or in a designated recycling or waste container for the purpose of collection and
processing, or any such designated recyclable materials collected under a mixed waste
processing program. The list includes, but is not limited to: Newspaper (ONP), Mixed Paper
(MP), corrugated Cardboard (OCC), steel, Tin and Bi-metal Cans, metal coat hangers,
Aluminum containers, White Goods, glass food and beverage containers, #1 and #2 plastic
containers, all California Redemption containers, used oil, used oil filters, yard waste, clean
lumber, concrete and asphalt.
S. "Designated solid waste and recycling collection or storage location" means a place
designated by the City Manager for storage and/or collection of waste, green waste and/or
recyclables pursuant to CVMC 8.24.1 00. Designated locations include, but are not limited to,
the curb, alley, waste/recycling enclosure, a loading dock, or basement of a commercial
enterprise or multifamily complex where waste and recyclables are placed for collection or
temporary storage prior to collection by the City's franchise agent.
T. "Franchised recyclables" means any residential, commercial or industrial recyclables,
as defined herein, to be collected by the City's contract agent or franchisee, placed in designated
recycling containers or at designated recycling collection or storage location(s).
U. "Garbage" means all nonhazardous, noninfectious organic waste including: kitchen
and table waste, and animal or vegetable waste that attends or results from the storage,
preparation, cooking, or handling of food stuffs, except organic wastes separated therefrom and
used in compo sting in accordance with CVMC 8.25.090.
Ordinance 2992
Page 15
V. "Generator" means every owner, tenant, occupant or person owning or having the
care and control of any premises in the City including the temporary use of parks, open space or
a public thoroughfare.
W. "Glass bottles and jars" means food and beverage containers made from silica or
sand, soda ash and limestone, the product being transparent or translucent and being used for
packaging or bottling, including container glass designated redeemable under the California
Beverage Container Recycling and Litter Reduction Law, Division 12.1 (commencing with
Section 14500) of the California Public Resources Code, as well as glass jars and bottles without
redeemable value ("scrap"), but excluding household, kitchen, and other sources of noncontainer
glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass
products that are not bottles or jars.
X. "Grantee" shall mean the City's franchise agent(s).
Y. "Green wastes" means the leaves, grass, weeds, shrubs, tree branches, tree trunk and
other wood materials from trees. Green waste may also include preconsumer food waste,
incidental amounts of waxed or plastic-coated cardboard and mixed paper, unpainted and
untreated lumber. Green waste does not include tree stumps in excess of 35 pounds, more than
incidental dirt or rock, plastic, glass, metal, painted or treated lumber, plywood, particle board, or
other manufactured products that contain glue, formaldehyde, nonorganic or nonbiodegradable
materials.
Z. "Green waste processing" means the accumulation and storage of green waste in a
manner that leads to the intentional or unintentional thermophilic decomposition of green waste.
The acceptance of payment for green waste and the accumulation of more than 15 yards or three
tons per year of unprocessed, shredded, ground or composted material shall constitute green
waste processing and is subject to the City, county and state requirements regulating compost
and/or solid waste facilities Residential, commercial and agricultural sites that generate,
stockpile or process green waste material generated on-site and used on-site without sale of
finished or unfinished material, that are otherwise compliant with all conditions of the municipal
code for nuisance, may apply for an annual exemption.
AA. "Hazardous or toxic waste" means any waste material or mixture of wastes
which is toxic, corrosive, flammable, explosive, an irritant, a strong sensitizer, and which
generates pressure through decomposition, heat or other means, if such a waste or
mixture of wastes may cause substantial personal injury, serious illness or harm to
humans, domestic animals, or wildlife, during, or as an approximate result of, any
disposal of such wastes or mixtures of wastes as defined in Section 25117 of the
California Health and Safety Code, which is not legally disposable at a Class III Landfill.
BB. "Hospitality" means any establishment that offers dining services, food or
beverage sales. This includes taverns, bars, cafeterias, and restaurants, as well as motels
and hotels (temporary housing of less than one month duration), hospitals, schools,
colleges, and other such establishments that have dining services, or a restaurant or bar,
on their premises.
CC. "Industrial recyclables" means recyclables from industrial, construction,
and demolition operations, including, but not limited to, asphalt, concrete, dirt, land-
clearing brush, sand and rock.
Ordinance 2992
Page 16
DD. "Industrial solid waste" means solid waste originating from mechanized
manufacturing facilities, factories, refineries, construction and demolition projects, and/or
publicly operated treatment works, excluding recyclables and compostables, if properly
handled and treated, and excluding hazardous or toxic waste.
EE. "Inert" means materials such as concrete, soil, asphalt, ceramics, earthen
cooking ware, automotive safety glass, and mirrors.
FF. "Improper disposal" means the discarding of any item or items upon public
or private premises that were not generated on the premises as a part of its authorized use,
unless written consent of the property owner is first obtained.
GG. "Improper disposal site" means any premises that have intentionally or
unintentionally accumulated solid waste or recyclables and/or charged a fee for accepting
material without a solid waste or composting permit from the county local enforcement
agency. This does not include businesses licensed and permitted in the City to purchase
source separated recyclables.
HH. "Incidental waste" means less than one pound of waste deposited in a
public litter bin or designated waste container to prevent litter, such as waste from a fast
food meal deposited in a designated waste container or public litter bin by a pedestrian or
vehicle operator.
II. "Industrial generator" means any property or generator that is engaged in the
manufacture of products including but not limited to construction and demolition.
Industrial generators are typically serviced by roll-off box containers of 10-yard to 40-
yard capacities and typically generate inert materials such as asphalt, concrete, building
debris and some wood and dry green waste.
JJ. "Industrial" means any form of mechanized manufacturing facilities,
factories, refineries, and construction and demolition operations, excluding hazardous
waste operations.
KK. "Institutional" shall mean any premises owned and/or occupied by local,
state and federal agencies, typically office or education facilities with a common waste
stream.
L1. "Integrated solid waste management" means a planned program for
effectively controlling the storage, collection, transportation, processing and reuse,
conversion, or disposal of solid waste, recyclables and/or compostables in a safe,
sanitary, aesthetically acceptable, environmentally sound and economical manner. It
includes all administrative, financial, environmental, legal and planning functions as well
as the operational aspects of solid waste handling, disposal, litter control and resource
recovery systems necessary to achieve established objectives.
MM. "Landfill" means a disposal system by which solid waste is deposited in a
specially prepared area which provides for environmental monitoring and treatment
pursuant to the California Code of Regulations, California Public Resources Code and the
Federal Resource Conservation and Recovery Act.
Ordinance 2992
Page 17
NN. "Large quantity generator" means those residential, commercial,
industrial and institutional entities that generate more than 300 gallons of waste per week
excluding source separated recyclables diverted from disposal or transformation.
00. "Mixed waste processing" means a system of recovering recyclables from
the mixed waste stream through separation at a processing facility, transfer station,
landfill, or other such facility, instead of separation at the primary waste generation
source.
PP. "Multifamily" means a structure or structures containing a total of four or
more dwelling units in any vertical or horizontal arrangement on a single lot or building
site.
QQ. "Newspaper" means newsprint-grade paper including any inserts that come
in the paper, and excluding soiled paper, all magazines and other periodicals, telephone
books, as well as all other paper products of any nature.
RR. "Nuisance" means anything which is injurious to human health, or is
indecent or offensive to the senses, and interferes with the comfortable enjoyment of life
or property, and affects at the same time an entire community or neighborhood, or any
number of persons, although the extent of annoyance or damage inflicted upon the
individual may be unequal, and which occurs as a result of the storage, removal,
transport, processing, or disposal of solid waste, compost, and/or designated recyclables.
SS. "Office or offices" for purposes of this chapter shall mean any office,
combination of offices, or connected building or office space regardless of office
affiliation, ownership, or occupancy. This includes, but is not limited to, businesses used
for retail, wholesale, professional services, legal services, financial services (to include
banks), medical services, shipping and receiving areas, churches, schools, colleges, and
libraries.
TT. "Office paper" means waste paper grades of white and colored ledgers and
computer paper. Examples include forms, copy paper, stationery, and other papers that
are generally associated with desk and employee work area activity, and any additional
materials to be added by ordinance.
UU. "Plastic bottle" means a plastic container with narrow neck or mouth
opening smaller than the diameter of the container body, used for containing milk, juice,
soft drinks, water, detergent, shampoo or other such substances intended for household or
hospitality use; to be distinguished from nonbottle containers (e.g., deli or margarine tub
containers) and from nonhousehold plastic bottles such as those for containing motor oil,
solvents, and other nonhousehold substances.
VV. "Pollution" means the condition caused by the presence in or on a body of
water, soil, or air of any solid waste or substance derived therefrom in such quantity, or
such nature and duration, or under such condition, that the quality, appearance, or
usefulness of the water, soil, land, or air is significantly degraded or adversely altered.
WW. "Processing" means the reduction, separation, recovery, conversion, or
recycling of any component(s) of solid waste.
Ordinance 2992
Page 18
XX. "Putrescible wastes" means the waste in organic material with the potential
decomposition capacity to emit noticeable quantities of odor and gas by-products.
Material in this category includes, but is not limited to, kitchen waste, dead animals, food
from containers, etc., except organic wastes separated therefrom and used in composting.
YY. "Recyclables" means any materials that are recyclable, reclaimable, and/or
reusable within the following generating categories: small quantity generator and large
quantity generator. Any material having an economic value on the secondary materials
market or that is otherwise salvageable shall be included and/or other materials that have
been separated from other small or large quanity generators for the purposes of being
recycled for resale and/or reuse, and placed at a designated recycling or waste collection
or storage location or in a designated recycling or waste container for the purpose of
collection and processing, or any such designated recyclable materials collected under a
mixed waste processing program.
ZZ. "Recycling" shall mean any process by which materials which would
otherwise be discarded, deposited in a landfill or transformation facility and become solid
waste are collected (source separated, commingled, or as "mixed waste"), separated
and/or processed, and returned to the economic mainstream in the form of raw materials
or products or materials which are otherwise salvaged or recovered for reuse.
AAA. "Refuse" means garbage and rubbish.
BBB. "Removal" means the act of taking solid wastes or designated recyclables
from the place of generation either by the contract or franchise agent(s), or by a
person in control of the premises.
CCC. "Removal frequency" means frequency of removal of solid wastes or
recyclables from the place of generation.
DDD. "Residential," for purposes of this franchise, means any building or
thereof designed or used exclusively as the residence or sleeping place of one or
more persons, including single- and multiple-family dwellings, apartment-hotels,
boarding and lodging houses. "Residential" does not include short-term
residential uses, such as motels, tourist cabins, or hostels which are regulated as
hospitality establishments.
EEE. "Residential recyclables" means those specific recyclable materials from
residential solid waste (single-family and multifamily) including, but not limited
to, aluminum, glass bottles and jars, newspaper, plastic bottles, tin and bi-metal
cans, white goods, and yard waste.
FFF. "Roll-off service" means service provided for the collection, removal and
disposal of industrial waste such as construction, demolition and other primarily
inert nonputrescible wastes and green wastes. Roll-off service is usually provided
using metal containers of 10 to 40 cubic yards that are open on the top with doors
on one end.
GGG. "Rubbish" means nonputrescible solid wastes such as ashes, paper, glass,
bedding, crockery, plastics, rubber by-products or litter. Such materials that are
designated as recyclable or compost may be exempt from categorizing as rubbish;
Ordinance 2992
Page 19
provided, such materials are handled, processed and maintained in a properly
regulated manner.
HHH. "Salvaging or salvageable" means the controlled and/or authorized
storage and removal of solid waste, designated recyclables or recoverable
materials.
III. "Scavenging" means the uncontrolled and/or unauthorized removal of solid
waste, designated recyclables or recoverable materials. Such activity is unlawful
and is a misdemeanor punishable by up to six months in jail and $1,000 in civil
penalties under CVMC 8.24.200 and 8.25.080 and Chapter 9, Section 41950 of
the California Integrated Waste Management Act of 1989.
JJJ. "To segregate waste material" means any of the following: the placement
of designated recyclables in separate containers; the binding or bagging of
designated recyclables separately from other waste material and placing in a
separate container from refuse, or the same container as refuse; and the physical
separation of designated recyclables from other waste material (either at the
generating source, solid waste transfer station, or processing facility).
KKK. "Small quantity generator" means those residential, commercial,
industrial and institutional entities that generate less than 300 gallons of waste per
week excluding source separated recyclables diverted from disposal or
transformation.
LL1. "Solid waste" means all putrescible and nonputrescible solid, semi-solid
and liquid wastes, such as refuse, garbage, rubbish, ashes, industrial wastes,
demolition and construction wastes, abandoned vehicles and parts thereof,
discarded home and industrial appliances, manure, vegetable or animal solid and
semi-solid wastes, and includes liquid wastes disposed of in conjunction with
solid wastes at solid waste transfer/processing stations or disposal sites, which are
generated by residential, commercial or industrial sites within the City. Solid
waste shall not include: hazardous and infectious waste, sewage collected and
treated in a municipal or regional sewage system or materials or substances
having commercial value or other importance which can be salvaged for reuse,
recycling, composting or resale.
MMM. "State" shall mean the state of California.
NNN. "Storage" means the interim containment of solid wastes, yard wastes, or
recyclables in an approved manner after generation and prior to disposal,
collection or processing. ("Interim" means for one week or less; roll-off
containers may store nonputrescible waste for up to 30 days.)
000. "Streets and byways" shall mean the public streets, ways, alleys and
places as the same now or may hereafter exist within said City, including state
highways now or hereafter established within said City.
PPP. "Tin and bi-metal cans" means any steel food and beverage containers
with a tin or aluminum plating.
Ordinance 2992
Page 20
QQQ. "Transfer or processing station" means those facilities utilized to receive
solid wastes and to temporarily store, separate, convert, or otherwise process the
solid waste and/or recyclables.
RRR. "Unit" means an individual residence contained in a residential
multifamily complex.
SSS. "White goods" means kitchen or other large enameled appliances which
includes, but is not limited to, refrigerators, washers, and dryers.
TTT. "Wood waste" means lumber and wood products but excludes tree
stumps in excess of 35 pounds, more than incidental dirt or rock, plastic, glass,
metal, painted or treated wood, plywood, particle board or other manufactured
products that contain glue, formaldehyde, nonorganic or nonbiodegradable
materials.
UUU. "Vector" means any nuisance such as odor, unsightliness, sound, or a
carrier, usually insects or rodents, that is capable of transmitting a disease.
VVV. "Yard waste" means the leaves, grass, weeds, and wood materials from
trees and shrubs from the single-family and multifamily residential sources of the
City's green waste (to include landscape haulings from residential sources).
Acceptable materials for collection include all yard waste as herein
definedexcluding, treated or processed wood or lumber, bulky waste or any other
materials as shall be determined by the City as to not be salvageable. All
acceptable yard waste shall be void of nails, wire, rocks, dirt or any other material
that is not considered yard waste. (Ord. 2740 § 3,1998; Ord. 2492 § I, 1992).
8.25.030 Mandatory fees for recycling.
A. The City Council finds and determines that the regular collection of recyclables by
the contract or franchise agent( s) of the City from all places in the City is a service to the
premises from which it is collected. All owners or occupants of premises generating recyclables
shall pay the montWy collection fee charged by the City's contract or franchise agent, not to
exceed the City-approved maximum rates. A schedule of maximum rates shall be kept on file
with the City Clerk and is available for public review. Maximum rates may be subject to
increase pursuant to the terms of the City's contract or franchise wÜh the contract or franchise
agent(s). Subject to the terms of the then-in-effect contract or franchise, the Council may from
time to time establish such rates by resolution, including the establishment of rates for different
classifications of quantity generators (Small Quantity Generators, Large Quanity Generators,
residential, commercial, or industrial, or subclassifications thereof) or types of materials
generatedor other classifications which are deemed to be in the public interest.
B. Pursuant to California Public Resources Code Sections 41900, et seq., the City may,
by resolution of the City Council, impose fees on City generators to pay the actual costs incurred
by the City in preparing, adopting or implementing an integrated waste management plan in
accordance with state mandates.
C. The contract or franchise agent shall provide billing service and be totally responsible
for the collection of such fees, at the same time and in the same manner as the collection of
charges for refuse collection pursuant to CVMC 8.24.180. No person shall willfully fail, neglect
Ordinance 2992
Page 21
or refuse, after demand by the contract or franchise agent( s), to pay the fees provided for herein.
(Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992).
8.25.040 Separation of recyclable materials, storage, and containers.
A. The owner, operator, and/or occupant of any premises, business establishment,
industry, or other property, vacant or occupied, shall be rebuttably presumed to be the generators
of, and be responsible for the safe and sanitary storage of, all solid waste, designated recyclables,
and compost accumulated on the property. The designated recyclables and compost shall be
stored separately from refuse. The property owner, operator, or occupant shall store such solid
waste, designated recyclables, and compost on the premises or property in such a manner so as
not to constitute a fire, health, or safety hazard, and shall require it to be handled in such a
manner so as not to promote the propagation, harborage, or attraction of vectors, or the creation
of litter or other nuisances.
B. A container or containers for designated recyclables shall be provided by the contract
or franchise agent(s) for any premises generating residential or commercial recyclables, for the
exterior collection of designated recyclables. Containers for industrial recyclables shall be
provided by the generator of the designated recyclables, unless otherwise arranged through the
City Manager. The containers shall effectively segregate the designated recyclables from refuse.
C. All such containers to be used in the City's recycling programs shall be approved by
the City Manager, in conjunction with the contract or franchise agent(s) (or, in the case of
industrial recyclables, the generators of the industrial recyclables).
D. Designated recyclables shall be sorted according to type and/or as established by
program guidelines and placed in separate containers, containers with segregated compartments,
or commingled (in one recycling container), as agreed upon by the City Manager and the
contract or franchise agent(s). Containers, if more than one, shall be grouped together and
placed for collection at the same time as when regular refuse collection occurs or at designated
recycling collection times (if different from refuse collection) and at designated recycling
collection locations.
E. All containers used for recycling purposes, storage or collection, including
commercial and industrial recycling containers used in City recycling programs as well as all
other containers used for recycling purposes whether owned or operated by a commercial entity,
nonprofit organization, or any other persons or entity, shall be identified with the name and
current telephone number of the owner or the responsible agency or person. Commercial
recycling containers shall remain locked at all times in order to discourage scavenging and
prevent dumping of refuse in the container, unless exempted by the City Manager in conjunction
with the contract or franchise agent(s).
F. Containers which do not comply with the requirements of this section shall be
presumed to be refuse and taken by the contract or franchise agent( s) for disposal or potential use
as salvaging or recycling containers.
G. It shall be unlawful for any person to dispose, dump, or otherwise place material other
than designated recyclables in a designated recycling container or at a designated recycling
collection or storage location.
Ordinance 2992
Page 22
H. Exemption. Designated recyclables which are source sorted by their generator for the
purpose of recycling by selling them to a buy-back center or donating them to a City-licensed
nonprofit or community group conducting recycling programs for the purpose of raising funds do
not have to be placed in the designated recycling container required by this section, nor placed in
a designated recycling collection location in accordance with this section. When designated
recyclables are received by a City-licensed nonprofit or community group conducting recycling
programs for the purpose of raising funds they shall be stored and sorted in accordance with this
section and transported to a buy-back center for the purpose of recycling. (Ord. 2740 § 3, 1998;
Ord. 2492 § I, 1992).
8.25.050 Mandatory recycling.
It shall be mandatory for all generators of residential, commercial, and industrial
recyclables in the City to separate from refuse, for recycling purposes, all designated recyclables
and otherwise participate in recycling as described by this chapter. (Ord. 2740 § 3, 1998; Ord.
2492 § I, 1992).
8.25.060 Recycling programs.
A. The City Manager shall establish and promulgate reasonable regulations, guidelines
and other program-related specifics as to the implementation of recycling programs for
residential, commercial, and industrial recycling, including the method for collection of
designated recyclables.
B. Commercial and industrial establishments shall develop their respective "in-house"
recycling plans that provide for the collection of designated recyclables in conjunction with the
City's established recycling programs. The City and the contract or franchise agent(s) shall
assist in program development, provide technical expertise, and training materials.
C. Collection of recyclables from single-family residential units shall minimally occur
once weekly. For commercial and industrial entities, collection shall be provided as needed to
meet demand.
D. The City encourages use of buy-back centers, donation centers (for used furniture and
other reusable bulky items, and nonprofit agents), scrap dealers, home and commercial
composting, source reduction, and other creative, lawful and environmentally sound efforts to
reduce waste in accordance with this chapter that do not conflict with any established or planned
City-sponsored recycling, compo sting or source reduction programs. (Ord. 2740 § 3, 1998; Ord.
2492 § 1, 1992).
8.25.070 Reports.
All commercial and industrial establishments shall submit recycling tonnage
documentation on an annual basis to the City's conservation coordinator, due on or before
January 31st, for the previous year. Annual reporting shall be on the form promulgated by the
City Manager, and commence on the first anniversary of the date set forth in the mandatory
recycling implementation schedule as established in this chapter as July I, 1993. Voluntary
reporting prior to the required mandatory recycling is encouraged. (Ord. 2740 § 3, 1998; Ord.
2492 § I, 1992).
8.25.080 Scavenging.
Ordinance 2992
Page 23
A. It shall be unlawful for any person other than authorized City personnel or contract or
franchise agent( s) to remove any separated designated recyclable( s) or salvageable commodity
from any designated recycling collection or storage location, or designated recycling container.
However, the original generator of the designated recyclables may, for any reason, remove the
designated recyclables placed by said generator from the designated recycling container or
designated recycling collection or storage location in which said generator had originally placed
them.
B. It shall be unlawful for any person to disturb, modify, harm, or otherwise tamper with
any container or designated recycling collection or storage location containing designated
recyclables, or the contents thereof, or to remove any such container from the location where the
same was placed by the generator thereof, or to remove the contents of any such container,
unless authorized by the generator of such designated recyclables or a duly authorized City
personnel or contract or franchise agent(s). (Ord. 2740 § 3, 1998; Ord. 2492 § I, 1992).
8.25.090 Composting.
A. Every establisher of a composting pile, bin, holding area or other such composting
system shall first obtain a permit from the City, if the total volume used within the boundaries of
the premises for compo sting is 15 cubic yards or greater.
B. Every compo sting pile, bin, holding area or other such compo sting system shall be
maintained so as to not create a public or private nuisance through visual, odor, safety and/or
other means, or as prescribed in Chapter 19.66 CVMC. Without constituting a limitation on the
foregoing, no such composting pile, bin, holding area or other such compo sting system shall be
maintained within six-feet from an exterior window, exterior door or other exterior entrance to
an inhabited residential structure other than one owned by the owner of such composting system.
C. The owner, operator, or occupier of property containing a compo sting pile, bin,
holding area or other such composting system that is greater than five-feet-high, five-feet-wide
and five-feet in length shall weekly monitor temperature, through utilization of a thermometer
designed for such purposes.
D. No single compost pile, bin, holding area or other such composting system on a
residential single-family (as defined in Ordinance No. 2443) premises shall be more than
five-feet in height and/or greater than six feet in width or length. (Ord. 2740 § 3, 1998; Ord. 2589
§ I, 1994; Ord. 2492 § I, 1992).
8.25.100 Enforcement.
A. The City Manager or designee is responsible for enforcing the provisions of this
chapter.
B. Types of materials included in designated recyclables may be administratively deleted
by the City Manager under emergency conditions (to include market failures), subject to formal
ordinance amendment approved by the City Council, if such conditions persist.
C. Nothing in this chapter or its implementing regulations shall prevent the City or its
contract or franchise agent(s) from efforts to obtain voluntary compliance by way of warning,
notice of violation, educational or other means. (Ord. 2740 § 3,1998; Ord. 2492 § I, 1992).
Ordinance 2992
Page 24
8.25.110 Severability.
If any provision, clause, sentence or paragraph of this chapter or the application thereof to
any person or circumstances shall be held invalid, such invalidity shall not affect the other
provisions or application of the provisions of this chapter which can be given effect without the
invalid provision or application, and to this end the provisions of this chapter are hereby declared
to be severable. (Ord. 2740 § 3,1998; Ord. 2492 § I, 1992).
SECTION II: Effective Date. This ordinance shall take effect and be in full force thirty (30)
days after its adoption.
Submitted by
Approved as to form by
~~<.0~~
Conservation and Environmental
Services Director
~~
Ann Moore
City Attorney
Ordinance 2992
Page 25
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1 st day of February, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATTEST:
-' -'ì
dI
- ~,. tL;:"'~·~. IJ .0.-
Susan Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2992 had its first reading at a regular meeting held on the 25th day of January,
2005 and its second reading and adoption at a regular meeting of said City Council held on the
1 st day of February, 2005.
Executed this 1st day of February, 2005.
~ ~t.w....~~'~~
Susan Bigelow, MMC, City ClerK