HomeMy WebLinkAboutOrd 1998-2740ORDINANCE NO. 2740
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTERS 8.23, 8.24 AND 8.25 OF THE CHULA VISTA
MUNICIPAL CODE TO MOVE THE SOLID WASTE AND
RECYCLING FRANCHISE TERMS AND CONDITIONS OUT OF
THE MUNICIPAL CODE INTO A SEPARATE FRANCHISE
AGREEMENT, AND MAKING TECHNICAL CHANGES
WHEREAS, previous City Council actions had approved codification of various Solid
Waste Disposal and Recycling Franchise provisions into Chapters 8.23, 8.24 and 8.25 of the
Chula Vista Municipal Code; and
WHEREAS, concurrently herewith the City is considering granting a five year Solid
Waste Disposal and Recycling Franchise to Pacific Waste Industries; and
WHEREAS, in connection with the grant of the Franchise, City staff recommends that
the codified franchise provisions be moved into a Franchise Agreement in order to consolidate
such provisions in a single, more appropriate, location; and
WHEREAS, in connection with such action, City staff recommended certain changes
to governing definitions, along with additional minor and technical corrections to Chapters
8.23, 8.24 and 8.25 to conform with the negotiated terms of the Franchise Agreement; and
WHEREAS, the City Council has reviewed and approved all such proposed changes.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION h That Chapter 8.23 of the Chula Vista Municipal Code is hereby amended
to read, in its entirety, as follows:
Chapter 8.23
SOLID WASTE AND RECYCLING CONTRACT OR FRANCHISE
Sections:
8.23.010
8.23.020
8.23.030
8.23.040
8.23.050
8.23.060
8.23.070
8.23.080
8.23.090
Contract or franchise authority.
Prerequisites to authorization,
Bonding of contractor or grantee.
Written Acceptance.
Publication Costs.
Contract or Franchise Terms and Conditions.
Renewal of contract or franchise.
Termination.
Assignment.
8.23.010 Contract or franchise authority
The city council may, pursuant to state law, or in accordance with Article XII of the
Charter of the city, contract or franchise for solid waste and recyclables collection and
disposal.
Ordinance 2740
Page 2
8.23.020 Prerequisites to authorization
Applicants for a contract or franchise pursuant to this chapter and the Charter of the
city must file with the city administration the following information:
1. Name and description of the applicant;
2. Permanent home and business address and full address of the applicant;
3. Trade and firm name;
If a joint venture or a partnership, the name of all partners, or a corporation, the
names of the officers, any controlling shareholders, and, in each case, their
percentage of participation and their permanent addresses;
5. That the applicant has arranged for the disposal area where the same may be
legally accepted and disposed;
6. The location of the disposal area;
Facts showing that the contractor is qualified to render efficient refuse collection
service;
That the applicant owns or has under his control in good mechanical condition,
sufficient equipment to conduct the business of refuse collection adequately and
that the applicant owns or has access to suitable facilities for maintaining his
equipment in a clean and sanitary condition;
That the vehicles and equipment conform to all applicable provisions of this
chapter;
10. Such other facts or information as the city manager or the city council may
require.
The city manager shall investigate the information required by Section 8.23.020 and
verify that the contractor or grantee is capable of complying with the provisions of this
chapter, the terms of the proposed contract or franchise and the rules and regulations
of the city. The city manager shall notify the city council of his findings prior to
approval or denial of the contract or grant of franchise by the council.
8.23.030 Bonding of contractor or grantee
Before entering into a contract or franchise under the provisions of this chapter, the
council shall require the contractor or grantee as a condition to the contract or franchise to
post with the city clerk, a cash bond or surety bond in an amount determined by the council
and furnished by a corporate surety authorized to do business in the state, payable to the city.
The bond shall be conditioned upon the full and faithful performance by the collector of his
obligations under the applicable provisions of this chapter and shall be kept in full force and
effect by the collector throughout the life of the permit and all renewals thereof.
Ordinance 2740
Page 3
8.23.040 Written Acceptance
Any franchise granted hereby shall not become effective until written acceptance
thereof shall have been filed by the grantee with the city clerk.
8.23.050 Publication Costs
The grantee of a franchise hereunder shall pay to the city a sum of money sufficient
to reimburse it for all publication expenses incurred by it in connection with the granting
thereof; such payment to be made within thirty (30) days after the city shall have furnished
such grantee with a written statement of such expense.
8.23.060 Contract or Franchise Terms and Conditions
A contract or franchise may be let on such terms and conditions as may be required
or approved by the City Council in accordance with the terms of this chapter and the City
Charter.
8.23.070 Renewal of contract or franchise
Where a contract or franchise has been entered into between the city and an operator
and the operator has satisfactorily performed under such contract or franchise, the city
council, without inviting bids or proposals therefor, may, either prior to or after the expiration
of such contract, extend or renew the same upon the same conditions or such other
conditions as the city council may provide. The city council shall, however, whether
considering a contract or a franchise follow the procedures established by Article XII of the
Charter for notice and hearing.
8.23.080 Termination
A contract or franchise may be terminated at the option of the council in the event
there is a change of ownership of any kind or nature of the operating company, unless
approval therefor has been obtained in writing from the council. If it is determined by the city
manager following an inspection of the contractor's or grantee's place of business, after
reasonable notice to the contractor or grantee that the operator or manager has not complied
with the provisions of this chapter and all other applicable statutes, ordinances, rules and
regulations of the state and city, the city manager shall notify the contractor or grantee in
writing of noncompliance and shall order compliance within thirty days. tf noncompliance is
not corrected, the council, after a hearing, shall be empowered to cancel the contract or
franchise with the operator, or take such other action as the council shall determine.
8.23.090 Assignment
No assignment of subcontracting of any contract or franchise or any right occurring
under any contract or franchise shall be made in while or in part by the contractor or grantee
without the express written consent of the city. In the event of any assignment, the assignee
shalt assume the liability and all other obligations of the contractor grantee.
Ordinance 2740
Page 4
SECTION II: That Chapter 8.24 of the Chula Vista Municipal Code is hereby amended
to read, in its entirety, as follows:
Chapter 8.24
GARBAGE AND LITTER
Sections:
8.24.010
8.24.020
8.24.030
8.24.040
8.24.045
8.24.050
8.24.060
8.24.070
8.24.080
8.24.090
8.24.100
8.24.110
8.24.120
8.24.130
8.24.140
8.24.150
8.24.160
8.24.170
8.24.180
8.24.190
8.24.195
8.24.200
8.24.210
8.24.220
8.24.230
8.24.240
Purpose and intent.
Definitions.
Accumulation of materials constituting a fire hazard prohibited.
Refuse-Disposal in public places prohibited.
Garbage and refuse generated off site-Placement in City trash
receptacles-Prohibited.
Refuse-Disposal on private property prohibited-Exception.
Owner or occupant responsibility to maintain sanitary premises.
Garbage and refuse-Collection prohibited when-Burning prohibited.
Garbage and refuse-Receptacles approved for residential use.
Garbage and refuse-Placement in receptacles or bundles- Restrictions.
Garbage and refuse-Placement of receptacles for collection- Times.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Payment of collection charges.
Reduced residential refuse collection charges.
Renumbered.
Interference with collection and scavenging prohibited when.
Littering-By private persons prohibited where.
Littering-By corporations or persons prohibited where.
Owner or occupant duty to keep sidewalks free of litter.
Intentionally Omitted.
8.24.010 Purpose and intent
The purpose of this chapter is to provide standards for and to regulate the
accumulation, preparation, storage, transportation and disposal of garbage and rubbish in order
to protect the health and safety of Chula Vista citizens by controlling the harboring and
breeding of rodents and insects, reducing the pollution of the air caused by burning,
putrefaction or fermentation of refuse, preventing the spread of disease, reducing the hazards
of fire and enhancing the values and enjoyment of life.
8.24.020 Definitions
For the purpose of this chapter, the definitions contained in Chapter 8.25, Section
8.25.020, shall govern unless the context otherwise requires or indicates.
Ordinance 2740
Page 5
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.
8.24.040 Refuse-Disposal in public places prohibited.
It is unlawful for any person to place, dump, deposit or throw any rubbish, bottles,
glass, tacks, tin cans, wire, automobile parts or bodies, old wagons or buggies, or other
vehicles, in whole or in part; citrus fruit, deciduous fruit, vegetables, junk or other refuse 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.
8.24.045 Garbage and refuse generated off site-Placement in City trash receptacles-
Prohibited.
City trash receptacles are placed in city parks and other public areas for the use of the
public to control trash, litter and garbage which is generated at the location where the trash
receptacles are; they are not to be used as disposal sites for trash or rubbish which is
generated off site. Therefore, it is unlawful for any person to place, dump, deposit or throw
away rubbish, trash, garbage, bottles, glass, tacks, tin cans, wire, automobile parts, food, junk
or other refuse or debris of any kind or character whatsoever in city trash receptacles if such
was generated at a location other than where the trash receptacle is located.
8.24.050 Refuse-Disposal on private property prohibited-Exception.
It is unlawful for any person to place, dump, deposit or throw away any rubbish,
bottles, tin cans, wire, automobile parts or bodies, old wagons or buggies, or other vehicles,
in whole or in part; citrus fruit, deciduous fruit, vegetables, junk or other refuse of any kind
or character whatsoever, upon any private property adjacent 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 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
garbage or refuse receptacle owned or used by the owner of such property unless such person
first obtains the permission of the owner so to do.
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 care and control in a clean and
sanitary condition and no person shall permit any garbage, rubbish, 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 provided by law.
It shall be the responsibility of such person to provide for scheduled garbage, rubbish, or
refuse collection by means of the services of the contract or franchise agent or such other
acceptable means of services to insure compliance with state law for weekly service. It shall
be mandatory for such person in a single-family residential or multiple dwelling unit of four
units or less to utilize the services of the contract or franchise agent and to pay the collection
Ordinance 2740
Page 6
charge established by the city for such service; provided, however, that any such person
subject to the mandatory requirement may apply for an exemption therefrom to the contract
or franchise agent upon a showing of proof of weekly disposal of trash at an authorized dump.
Any dispute as to such exemption may be appealed to the city manager of the city.
8.24.070 Garbage and refuse-Collection prohibited when-Burning prohibited.
No person shall collect, remove or convey, or cause or permit to be collected, removed
or conveyed, any residential, commercial or industrial refuse 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 self-haul authorized employees of the city, or to any person or firm or
employees thereof, with whom the city has entered into a contract for the collection, removal
or disposal of garbage or rubbish or refuse, or to the occupant or owner of any residence from
personally removing garbage or rubbish from said residence or commercial establishment.
It is unlawful for any person to burn or bury any garbage or refuse as a means of
disposing of said garbage.
8.24.080 Garbage and refuse-Receptacles approved for residential use.
It is unlawful for any person in a residential area to keep or store any garbage within
receptacles except those which are tapered gradually, decreasing in diameter toward the
bottom of the container, made of metal or plastic with metal or plastic covers and handles,
and which receptacles shall be watertight and fly-proof and shall not exceed eighteen gallons'
capacity. Unless garbage is mixed with rubbish, in which case maximum container capacity
shall be forty gallons.
Further, every person having the care or control of any place or premises within the city
where refuse accumulates or exists, and such refuse is to be collected by the contract agent
of the city, shall cause such refuse to be placed and kept in such receptacles, with lids
securely fitted, and in a number adequate to contain the amount of refuse normally
accumulating during the interval between collection thereof.
8.24.090 Garbage and refuse-Placement in receptacles or bundles- Restrictions.
All rubbish and trash shall be kept within sturdy receptacles made of metal or plastic,
and no rubbish or trash shall be placed in any receptacle so that it protrudes or extends
beyond such receptacles. Weight of empty receptacle shall not exceed fifteen pounds; weight
of fully loaded container shall not exceed sixty pounds. Cardboard containers securely tied
may be used. Said containers shall also be collected.
A. The following are approved for residential customers:
1. Use of plastic or paper bags manufactured expressly for waste storage, securely
tied with wire, plastic or string, and of such thickness and bursting strength to
resist puncture and tears. Grocery and shopping bags are not permitted;
2. Securely tied cardboard containers may be used on a one-time basis and will be
collected by the contract agent;
Ordinance 2740
Page 7
Newspapers and/or flattened cardboard boxes may be placed outside receptacles
if they are stacked and securely tied in bundles of not more than sixty pounds in
weight;
4. Brush and limbs of trees may be placed outside of receptacles in tied bundles not
more than four feet in length or eighteen inches in diameter;
5. Any person desiring to receive different, additional, or more frequent service may
do so through the contract agent, on mutually agreeable terms and conditions.
The following are disapproved for residential customers;
Use of severely damaged containers or containers with jagged or sharp edges (said
containers will be appropriately tagged by contract agent first time noted and will
be collected by contract agent if used subsequently to being so tagged.)
Put out for contract agent collection any hazardous wastes and materials, such as
hypodermic needles, drugs, poisons, caustics, acids, insecticides, explosives or
flammables;
Put out for contract agent collection, construction and demolition waste, cement,
dirt, sand, lumber, plaster, sod, stones, building blocks, auto or truck parts or tires,
trees, crankcase drainings, agricultural industry debris, or any items which resist
compaction and may damage equipment;
4. Deposit garbage, rubbish, or any other material in waste containers intended for
use by, or belonging to others.
8.24.100 Garbage and refuse-Placement of receptacles for collection-Times.
No refuse shall be placed for collection in an alley or on the curb or the streets before
six p.m. on the day immediately prior to the scheduled collection day. No person shall permit
refuse receptacles to remain on the street or alley after eight 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 refuse placed at such collection
points shall be deemed an acceptance or request for service by the city's contract agent.
8.24.110 [Intentionally Omitted[.
8.24,120 [Intentionally Omitted)
8.24.130 [Intentionally Omitted[
8.24,140 [Intentionally Omitted)
8.24.150 [Intentionally Omitted)
Ordinance 2740
Page 8
8.24.160 ]Intentionally Omitted]
8,24.170 [Intentionally Omitted]
8.24.180 Payment of collection charges.
The council finds and determines that the regular collection of garbage and rubbish and
the disposal thereof by the contract agent of the city from all places in the city is a
service to the premises from which it is collected. Except as provided in Sections
8.24,060 and 8.24.070, all owners or occupants of premises generating Solid Waste
or otherwise having the responsibility to keep the premises clean and sanitary, shall
pay the monthly collection fee charged by the City's contract or franchise agent, not
to exceed the City-approved "Maximum Rates". A schedule of Maximum Rates shall
be kept on file with the City Clerk and is available for public review. Maximum Rates
may be subject to increase pursuant to the terms of the City's contract or Franchise
with the contract or franchise agent(s). Subject to the terms of the then in effect
contract or franchise, the council may from time to time establish such rates by
resolution, including the establishment of rates for different classifications of
generators (residential, commercial, or industrial or 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. No person shall willfully fail, neglect or refuse, aftere demand
by contract agent, to pay the fees as provided for herein.
The contractor or grantee will provide the billing and be totally responsible for the
collection of payments. Residential customers shall not be billed more than three
months in advance. Service shutoff for nonpayment shall not be instituted before
thirty days after initial billing and after sufficient notification. Commercial billing shall
be monthly in arrears of service.
8.24.190 Reduced residential refuse collection charges.
The city council finds and declares that senior citizens (62 years and older) in
single-family homes do not generate as great a volume garbage and refuse and, therefor, a
method should be provided which would result in a reduced collection charge for such citizens.
The collection charge for senior citizens shall be based upon the cost to be established by
resolution of the city council for single container service.
8.24.200 Interference with collection and scavenging prohibited when.
It is unlawful for any person or persons other than the contract agent as defined herein
and authorized by the city to collect garbage, rubbish, trash and other refuse, to interfere in
any manner with any receptacle whether owned by private persons or by the contract agent,
containing garbage, trash, rubbish or the contents thereof or to remove any such receptacle
from the location where the same was placed by the owner thereof or to remove the contents
of any such receptacle except that any person, firm or corporation producing table refuse or
other form of garbage may sell, give or otherwise dispose of the same in such manner as he
or it may desire; provided, that any table refuse or garbage handled, conveyed or otherwise
treated by any person other than an employee of the contract agent of the city, shall be
Ordinance 2740
Page 9
handled, conveyed or otherwise disposed of in a manner strictly in accordance with the rules
and regulations of the county health department. Any person, firm or corporation may also
sell, give or otherwise dispose of solid waste in such containers in such manner as it may
desire provided that all federal, state and local laws are followed.
8.24.210 Littering-By private persons prohibited where.
No person or persons shall leave, discard, deposit, throw away or cause to be left,
discarded, deposited or thrown away, any container of any type material waste, food, paper,
wood, trash or any refuse upon any street, alley, gutter, sidewalk, parkway, park or
recreational area in the city.
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 receptacle for rubbish.
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 container of any type of material, waste, food, paper, wood, trash or any
refuse and all noxious weeds and vegetation.
8.24.240 [Intentionally Omitted1
SECTION IIh That Chapter 8.25 of the Chula Vista Municipal Code is hereby amended
to read, in its entirety, as follows:
Chapter 8.25
RECYCLING
Sections:
8.25.010
8.25.020
8.25.030
8.25.035
8.25.040
8.25.050
8.25.060
8.25.070
8.25.080
8.25.090
8.25.100
Purpose and Intent.
Definitions.
Mandatory Fees for Recycling.
Reduced Residential Curbside Recycling Collection Rates.
Separation of Recyclable Materials, Storage and Containers.
Mandatory Recycling.
Recyclable Programs.
Reports.
Scavenging.
Composting.
Enforcement.
Ordinance 2740
Page 10
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 cornposting 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.
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.
"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.
"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.
"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.
"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 transfer of
ownership to the facility of source separated materials for the purpose of recycling or
composting.
"Cardboard" means post-consumer waste paper grade corrugated cardboard (grade
#11 ), kraft (brown) paper bags, or solid fiber boxes which have served their packaging
purposes and are discarded and can later be reclaimed for collection and recovery for
recycling.
"Carts" shall mean those plastic containers with a capacity of less than 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.
"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.
Ordinance 2740
Page 11
"Collection" means the act of removing and conveying non-hazardous and non-
infectious solid waste, commingled or source separated materials, from residential,
commercial, industrial, or institutional (governmental) generators, to a facility for
processing, cornposting, transfer, disposal or transformation.
"Commercial" means a site and/or business zoned or permitted for any use other than
residential including but not limited to commercial, light industrial, industrial and
agricultural. Commercial generators that generated three (3) or more cubic yards of
waste per week are serviced by a bin or compactor collection vehicle.
"Commercial Recyclables" means Designated recyclable materials from the two
commercial subcategories of office and hospitality. Materials include, but are not
limited to: office paper, cardboard, newspaper, and aluminum from offices; and
cardboard, glass bottles and jars, plastic bottles, aluminum, tin and bi-metal cans, and
white goods from hospitality establishments.
"Compactor containers" means those fully enclosed metal containers of two to forty
cubic yards provided by the City's hauler or customer. Compactors typically serve very
large generators.
"Compost" means the product resulting from the controlled biological decomposition
of organic wastes that are source separated from the municipal solid waste stream.
"Cornposting" shall mean the controlled and monitored process of converting organic
wastes into compost.
"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.
"Contract or Franchise agent(s)" means any person, private or public entity designated
by the City council pursuant to Article XIt of the City charter and Chula Vista Municipal
Code, Chapter 8.23, as being responsible for administering, the collection, processing
and/or disposal of solid waste or Designated Recyclables.
"Recycling Box" shall mean those containers with a capacity of 18 gallon to 32 gallons
which are supplied by the City or its Franchise agent for manual collection of
designated recyclables.
"Curbside collection" means the service of removing and conveying of non-hazardous
and non-infectious 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.)
"Designated containers" ("Containers") shall mean those containers designated by the
City Manager for temporary storage and collection of waste or designated recyclables
including but not limited to "Curbside bins, Carts, Bins, Roll-off Boxes, and or
Compactor Containers.
"Designated 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 Section 8.24.1 O0 of the Chula Vista Municipal Code.
Ordinance 2740
Page 12
AA.
Designated locations include, but are not limited to, the curb, alley, waste/recycling
enclosure, a loading dock, or basement of a commercial enterprise or multi-family
complex where waste and recyclables are placed for collection or temporary storage
prior to collection by the City's Franchise agent.
"Franchised Recyclables" means any residential, commercial or industrial Recyclables,
as defined herein, to be collected by the City's contract agent or franchisee, placed in
designated recycling containers or at designated recycling collection or storage
location(s).
"Garbage" means all non-hazardous, non-infectious 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 cornposting in accordance with Chula Vista Municipal
Code Chapter 8.25, Section 8.35.090.
"Generator" means every owner, tenant, occupant or person owning or having the care
and control of any premises in the City including the temporary use of parks, open
space or a public thoroughfare.
"Glass bottles and jars" means food and beverage containers made from silica or sand,
soda ash and limestone, the product being transparent or translucent and being used
for packaging or bottling, including container glass designated redeemable under the
California Beverage Container Recycling and Litter Reduction Law, Division 12.1
(commencing with Section 14500) of the California Public Resources Code, as well as
glass jars and bottles without redeemable value ("scrap"), but excluding household,
kitchen, and other sources of non-container glass such as drinking glasses, ceramics,
light bulbs, window pane glass, and similar glass products that are not bottles or jars.
"Grantee" shall mean the City's Franchise agent(s).
"Green wastes" means the leaves, grass, weeds, shrubs, tree branches, tree trunk and
other wood materials from trees. Green waste may also include pre-consumer food
waste, incidental amounts of waxed or plastic coated corrugated cardboard, unpainted
and untreated lumber. Green waste does not include, tree stumps in excess of 100
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, non-organic or non-biodegradable materials.
"Green Waste Processing" means the accumulation and storage of green waste in a
manner that leads to the intentional or un-intentional thermophilic decomposition of
green waste. The acceptance of payment for green waste, the accumulation of more
than 15 yards or three (3) 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 (site
codes). 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.
"Hazardous or Toxic Waste" means any waste material or mixture of wastes which is
toxic, corrosive, flammable, explosive, an irritant, a strong sensitizer, which generates
pressure through decomposition, heat or other means, if such a waste or mixture of
Ordinance 2740
Page 13
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wastes may cause substantial personal injury, serious illness or harm to humans,
domestic animals, or wildlife, during, or as an approximate result of any disposal of
such wastes or mixtures of wastes as defined in Section 25117 of the California
Health and Safety Code which is not legally disposable at a Class III Landfill.
"Hospitality" means any establishment that offers dining services, food or beverage
sales. This includes, taverns, bars, cafeterias, and restaurants, as well as, motels and
hotels (temporary housing of less than one month duration), hospitals, schools,
colleges, and other such establishments that have dining services, or a restaurant or
bar on their premises.
"Industrial Recyclables" means recyclables from industrial, construction, and demolition
operations, including, but not limited to, asphalt, concrete, dirt, land clearing brush,
sand and rock.
"Industrial Solid Waste" means solid waste originating from mechanized manufacturing
facilities, factories, refineries, construction and demolition projects, and/or publicly
operated treatment works, excluding recyclables and compostables, if properly handled
and treated excluding Hazardous or Toxic Waste.
"Inert" means materials such as concrete, soil, asphalt, ceramics, earthen cooking
ware, automotive safety glass, and mirrors.
"Improper Disposal" means the discarding of any item or items upon public or private
premises that where not generated on the premises as a part of its authorized use
unless written consent of the property owner is first obtained.
"Improper Disposal Site" means any premises that have intentionally or unintentionally
accumulated solid waste or recyclables and/or charged a fee for accepting material
without a solid waste or composting permit from the County Local Enforcement
Agency (site code). This does not include businesses licensed and permitted in the
City to purchase source separated recyclables.
"Incidental Waste" less than one pound of waste deposited in a public litter bin or
designated waste container to prevent litter. Such as waste from a fast food meal
deposited in a designated waste container or public litter bin by a pedestrian or vehicle
operator.
"Industrial 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 10-40 yard
capacities and typically generate inert materials such as asphalt, concrete, building
debris and some wood and dry green waste.
"Industrial" means any form of mechanized manufacturing facilities, factories,
refineries, and construction and demolition operations, excluding hazardous waste
operations.
"Institutional" shall mean any premise owned and/or occupied by local, state and
federal agencies. Typically office or education facilities with a common waste stream.
"Integrated Solid Waste Management" means a planned program for effectively
controlling the storage, collection, transportation, processing and reuse, conversion or
Ordinance 2740
Page 14
MM.
NN.
00.
PP.
RR.
SS.
TT.
UU.
disposal of solid waste, recyclables and/or compostables in a safe, sanitary,
aesthetically acceptable, environmentally sound and economical manner. It includes
all administrative, financial, environmental, legal and planning functions as well as the
operational aspects of solid waste handling, disposal, litter control and resource
recovery systems necessary to achieve established objectives.
"Landfill" means a disposal system by which solid waste is deposited in a specially
prepared area which provides for environmental monitoring and treatment pursuant to
the California Code or Regulations, California Public Resources Code and the Federal
Resource Conservation and Recovery Act.
"Large 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.
"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.
"Multi-family" means a structure or structures containing a total of 4 or more dwelling
units in any vertical or horizontal arrangement on a single lot or building site.
"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.
"Nuisance" means anything which is injurious to human health, or is indecent or
offensive to the senses, and interferes with the comfortable enjoyment of life or
property, and affects at the same time an entire community or neighborhood, or any
number of persons, although the extent of annoyance or damage inflicted upon the
individual may be unequal, and which occurs as a result of the storage, removal,
transport, processing, or disposal of solid Waste, compost, and/or designated
recyclables.
"Office or Offices" for purposes of this chapter shall mean any office, combination of
offices or connected building or office space in which the combined, total area is more
than 20,000 square feet, regardless of office affiliation, ownership, or occupancy. This
includes, but is not limited to, businesses used for retail, wholesale, professional
services, legal services, financial services (to include banks), medical services, shipping
and receiving areas, churches, schools, colleges, and libraries.
"Office Paper" means waste paper grades of white and colored ledgers and computer
paper. Examples include forms, copy paper, stationery, and other papers that are
generally associated with desk and employee work area activity, and any additional
materials to be added by ordinance.
"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 distinguish from non-bottle containers (e.g., dell or margarine tub
containers) and from non-household plastic bottles such as those for containing motor
oil, solvents, and other non-household substances.
Ordinance 2740
Page 15
VV.
YY.
ZZ.
AAA.
BBB.
CCC.
DDD.
EEE.
"Pollution" means the condition caused by the presence in or on a body of water, soil,
or air of any solid waste or substance or derived therefrom in such quantity, or such
nature and duration, or under such conditio that the quality, appearance, or usefulness
of the water, soil, land, or air is significantly degraded or adversely altered.
"Processing" means the reduction, separation, recovery, conversion, or recycling of
any component(s) of solid waste.
"Putrescible Wastes" means the waste in organic material with the potential
decomposition capacity to emit noticeable quantities of odor and gas by-products.
Material in this category includes, but is not limited to kitchen waste, dead animals,
food from containers, etc., except organic wastes separated therefrom and used in
composting.
"Recyclables" means any materials that are recyclable, reclaimable, and/or reusable
within the following generating categories: small generator an large 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 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 recyclables materials collected under a mixed
waste processing program.
"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, cornmingled, or as "mixed waste"), separated and/or
processed and returned to the economic mainstream in the form of raw materials or
products or materials which are otherwise salvaged or recovered for reuse.
"Refuse" means garbage and rubbish.
"Removal" means the act of taking solid wastes or designated recyctables from the
place of generation either by the contract or Franchise agent(s), or by a person in
control of the premises.
"Removal frequency" means frequency of removal of solid wastes or recyclables from
the place of generation.
"Residential" for purposes of this Franchise, means any building or portion thereof
designed or used exclusively as the residence or sleeping place of one or more persons,
including single and multiple family dwellings, apartment-hotels, boarding and lodging
houses. Residential does not include short-term residential uses, such as motels,
tourist cabins, or hostels which are regulated as hospitality establishments.
"Residential Recyclables" means those specific recyclable materials from residential
solid waste (single family and multi-family) 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 non-
Ordinance 2740
Page 16
putrescible wastes and green wastes. RoIFoff Service is usually provided using metal
containers of ten to forty cubic yards that are open on the top with doors on one end.
GGG.
"Rubbish" means non-putrescible solid wastes such as ashes, paper, glass, bedding,
crockery, plastics, rubber by-products or litter. Such materials that are designated as
recyclable or compost may be exempt from categorizing as rubbish provided such
materials are handled, processed and maintained in a properly regulated manner.
HHH. "Salvaging or salvageable" means the controlled and/or authorized storage and removal
of solid waste, designated recyclables or recoverable materials.
Ill.
"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
section 8.24.200, 8.25.080 of the Chula Vista Municipal Code 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; the physical separation of designated
recyclables from other waste material (either at the generating source, solid waste
transfer station, or processing facility).
KKK.
"Small 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.
LLL.
"Solid Waste" means all putrescible and non-putrescible 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, cornposting 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 non-putrescible
waste for up to thirty 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-metat cans" means any steel food and beverage containers with a tin or
aluminum plating.
Ordinance 2740
Page 17
QQQ.
RRR.
SSS.
TTT.
UUU.
VVV.
"Transfer or processing station" means those facilities utilized to receive solid wastes
and to temporarily store, separate, convert, or otherwise process the solid waste
and/or recyclables.
"Unit" means an individual residence contained in a residential multi-family complex.
"White goods" means kitchen or other large enameled appliances which includes, but
is not limited to, refrigerators, washers, and dryers.
"Wood Waste" means lumber and wood products but excludes tree stumps in excess
of 100 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, non-organic or non-biodegradable materials.
"Vector" means any nuisance such as odor, unsightliness sound or, a carrier, usually
insects or rodents, that is capable of transmitting a disease.
"Yard waste" means the leaves, grass, weeds, and wood materials from trees and
shrubs from the single family and multi-family 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 defined, excluding palm fronds, 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.
8.25.030 Mandatory Fees for Recycling.
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 monthly collection fee charged by the City's contract or
franchise agent, not to exceed the City-approved "Maximum Rates". A schedule of
"Maximum Rates" shall be kept on file with the City Clerk and is available for public
review. Maximum Rates may be subject to increase pursuant to the terms of the City's
contract or franchise with the contract or franchise agent(s). Subject to the terms of
the then in effect contract or franchise, the council may from time to time establish
such rates by resolution, including the establishment of rates for different
classifications of generators (residential, commercial, or 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.
Pursuant to California Public Resources Code, Sections 41900 et seq., 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.
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 Section 8.24.180. No person
shall wilfully fail, neglect or refuse, after demand by the contract or franchise agent(s),
to pay the fees provided for herein.
Ordinance 2740
Page 18
8.25.035 Reduced Residential Curbside Recycling Collection Rates.
The city council considers that recycling is a community responsibility critical to
effective waste management and overall environmental sensitivity, and that a residential
curbside recycling program meets the established city policy of designing recycling programs
with attention to public convenience. The city council also finds and declares that senior
citizens and low income households may be financially burdened households which have
difficulties securing the basic necessities of life. Therefore, it is the intent that a method be
provided which would result in a reduced collection charge for such citizens, thereby assisting
the household and providing a participation incentive. This reduces rate shall apply to a senior
citizen (62 years and over) or a low income household which meets the total annual gross
income criteria used by the city for determining reduced sewer service charges.
Senior citizens who apply for reduced residential refuse collection charges and self-regulate
their own trash collection costs through the City's single bag or container program.
Occupants of premises subject to a curbside recycling charge may request a reduction due to
low income by filing a completed city application form at any time. Upon certification of
eligibility by the director of finance, the sanitary service will be notified to reduce the recycling
charge in time for the next regularly scheduled billing cycle.
8.25.040 Separation of Recyclable Materials, Storage, and Containers.
The owner, operator, and/or occupant of any premise, 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,
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.
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).
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 cornmingled (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.
Ordinance 2740
Page 19
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).
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.
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.
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.
B.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.
8.25.060 Recycling Programs.
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.
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.
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.
Ordinance 2740
Page 20
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
cornposting, 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, cornposting or source reduction
programs.
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 31, 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 1, 1993. Voluntary
reporting prior to the required mandatory recycling is encouraged.
8.25.080 Scavenging.
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.
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).
8.25.090 Composting,
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 cornposting is 15 cubic yards or greater.
Every composting pile, bin, holding area or other such composting 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 of the Chula Vista Municipal
Code. Without constituting a limitation on the foregoing, no such cornposting pile, bin,
holding area or other such cornposting system shall be maintained within six (6) 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 cornposting system.
C. The owner, operator, or occupier of property containing a cornposting pile, bin, holding
area or other such cornposting system that is greater than 5 feet high, 5 feet wide and
Ordinance 2740
Page 21
D,
5 feet in length shall weekly monitor temperature, through utilization of a thermometer
designed for such purposes.
No single compost pile, bin, holding area or other such cornposting system on a
Residential Single-Family (as defined in Ordinance No. 2443) premises shall be more
than 5 feet in height and/or greater than 6 feet in width or length.
8.25,100 Enforcement.
A. The city manager or designee is responsible for enforcing the provisions of this chapter.
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 ordinance 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.
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.
SECTION IV: This ordinance shall become effective thirty days after its final passage
unless suspended by a referendum petition filed as provided by law.
SECTION V: The city clerk shall cause this ordinance to be published once within
fifteen (15) days after its passage in a newspaper of general circulation published and
circulated in said city.
Presented by
Approved as to form by
Michael Meacham
Conservation Coordinator
fv,,~ity Attorney
Ordinance 2740
Page 22
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this11 th day of August, 1998, by the following vote:
AYES:
NAYS:
ABSENT:
A BSTAI N:
Counciimembers~
Councilmembers:
Councilmembers:
Councilmembers:
Moot, Padilia, Rindone, Salas and Horton
None
None
None
· . :: f,.
Shirley Horton, Mayor
ATTEST:
Beverly A. ~uthel;t, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 2740 had its first reading at a regular meeting held on the 4th day of
August, 1998 and its second reading and adoption at a regular meeting of said City Council
held on the 11th day of August, 1998.
Executed this 11 th day of August, 1998.
~thelet,~'City Clerk~~z'~2