HomeMy WebLinkAbout1997-11-04; City Council; 14420; REVISIONS TO SOLID WASTE REGULATIONSAB#-
MTG. 11/4/97
DEPT. CLK
TITLE: REVISIONS TO SOLID WASTE DEPT
REGULATIONS CITY
CITY
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ORDINANCE NO. NS-427
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
ENACTING CHAPTER 6.08 OF THE CARLSBAD MUNICIPAL CODE RELATIF
TO SOLID WASTE
WHEREAS, The City of Carlsbad has the authority to determine all aspects of s
CALIFORNIA, REPEALING TITLE 6, CHAPTERS 6.08 AND 6.09 AND RE-
waste handling.
The City Council of the City of Carlsbad does ordain as follows:
SECTION I. That Title 6, Chapters 6.08 and 6.09 of the Carlsbad Municipal Coc
repealed.
SECTION 11. That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is adde
as follows:
Chapter 6.08
SOLID WASTE
Sections:
6.08.010 Definitions.
6.08.020 Required solid waste disposal through authorized collecto
6.08.030 Receptacles generally.
6.08.040 Cleanliness of Solid Waste receptacles.
6.08.050 Solid Waste receptacles to be kept covered.
6.08.060 Residential Solid Waste receptacles - Size - Maximum we
6.08.070 Maximum residential collection.
6.08.080 Placement of residential receptacles for collection.
6.08.090 Unlawful placement of Solid Waste.
6.08.100 Unhindered access to receptacles.
6.08.1 10 Special collection service.
6.08.120 Bulky item collection.
6.08.130 Shared service allowed.
6.08.140 Multiple tenant residential service.
6.08.150 Hauling Solid Waste.
6.08.160 Unauthorized collection.
6.08.170 Con tracts.
6.08.180
6.08.190 Payment of fees.
6.08.200 Liability for payment.
6.08.220 Savings clause.
Rate and fees for service.
6.08.210 Enforcement.
6.08.010 Definitions.
A. For purposes of this chapter the following words and phrases shall have
meanings respectively ascribed to them by this section, unless it is obvious from the co
another meaning is intended:
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I. "Aluminum" means recoverable aluminum materials including but not
used beverage containers, siding, and other manufactured items.
2. "Authorized Collector'' means a person, firm, or corporation holding a
contract with the City of Carlsbad for provision of Solid Waste Services.
3. "Authorized Recycling Agent" means a person, firm, or corporation hc
valid contract with the City of Carlsbad to collect designated recyclable materials.
4. "Cardboard" means post-consumer wastepaper grade, corrugated ca (#I I), kraft (brown) paper bags or solid fiber boxes which have served their packaging I and are discarded and can later be reclaimed for collection and recovery for recycling.
5. Tity" or "City of Carlsbad" means the incorporated territory of the city
Carlsbad.
6. "Commercial Solid Waste" means Solid Waste originating from stores
and other commercial sources, but does not include construction or demolition waste.
. 7. "Compost" means the product resulting from the controlled biological
decomposition of organic wastes that are source separated from the municipal Solid Wi
stream, or which are separated at a centralized facility.
8. "Construction Waste" means the demolition, dredging, grubbing, and
rubble resulting from construction, remodeling, repair and demolition activities on housir
commercial or governmental building and any other structure and pavement.
9. "Designated Recyclable Materials" or "Designated Recyclables" mean
materials that are designated as recyclable and/or reusable within the following categori
residential, commercial (office and hospitality) and industrial as defined more specificall)
each category listed in this section.
a. Designated Recyclables for single-family and multi-family residenl
customers shall include, but are not limited to: newspaper, plastic beverage bottles, alur
tin and bimetal cans, yard waste, white goods (appliances) and glass bottles or jars.
b. Designated Recyclables for commercial office buildings of more tt
twenty thousand square feet shall include, but are not limited to: office paper, corrugate(
cardboard, newspaper and aluminum.
c. Designated Recyclables for commercial hospitality customers, inc
restaurants and taverns, shall include, but are not limited to: corrugated cardboard, plas
beverage bottles, glass jars and bottles, white goods (appliances), aluminum, and tin an!
bimetal cans.
d. Designated Recyclables for industrial customers shall include, but
limited to: dirt, asphalt, sand, land-clearing brush, concrete and rock.
10. "Designated Recycling Collection Location" means the place where a
authorized recycling agent has contracted with the City of Carlsbad to pick up recyclable
material segregated from other waste material. Designated Recycling Collection Locatic
includes, but is not limited to, the curbside of a residential neighborhood or the service a
commercial enterprise.
11. "Director" means the Community Development Director or designee.
including but not limited to container glass covered by the deposit law, and excluding hol
and kitchen containers such as drinking glasses, cups, and cooking and serving dishes.
13. "Industrial Solid Waste" means Solid Waste originating from mechani.
manufacturing facilities, factories, refineries, construction and demolition projects, public1
operated treatment works, and/or Solid Wastes placed in commercial collection bins.
14. "Newspaper" means materials printed on newsprint.
15. "Office Paper" means waste paper grades of white and colored ledge
Examples include but are not limited to forms, copy paper, stationery, and other papers I
generally associated with desk activity.
16. "Person" includes any person, firm, association, organization, partner
12. "Glass Bottles and Jars" means food and beverage glass containers
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business trust, joint venture, corporation, or company and includes the United States, tt
agency thereof.
17. "Plastic Beverage Bottles" means plastic containers with narrow nec
mouth openings smaller than the diameter of the container bodies, used for containing 1
milk, juice, soft drinks or water intended for human consumption; to be distinguished frc
nonfood bottles such as those for containing motor oil, detergent or other household prc
18. "Segregate Waste Material" means any of the following: the placemc
recyclables in separate containers; the binding of recyclable material separately from th
wasfe maferial; the physical separation of recyclables from other waste material.
19. "Solid Waste" means putrescible and nonputrescible solid, semisolic
liquid wastes, generated in or upon residential or commercial premises, including garba
refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, at
vehicles and parts thereof, discarded home and industrial appliances, dewatered, treatf
chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or ar
solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid Wa:
not include hazardous or biohazardous waste, or biomedical waste, which are regulate(
shall be handled and disposed of pursuant to Chapters 6.03 and 6.02, respectively; or I materials sold or donated by the owner for reuse, recycling or composting, other than b
them for recycling in City-approved designated recycling containers at City-approved ar
collection by the City's authorized recycling agent.
20. "Solid Waste Services" means the collection, transport, and disposa
Waste and Designated Recyclables, including yard waste, from residential, commercial
industrial generators.
21. "Solid Waste Facility" means a Solid Waste transfer or processing s
composting facility, a transformation facility, or a disposal facility as approved by the Cii
22. "White goods" means kitchen or other large, enameled appliances.
23. "Yard Wastes" means leaves, grass, weeds and wood materials fror
of California, the county of San Diego, the city of Carlsbad, cities, districts, and any offic
and shrubs.
6.08.020 Rewired Solid Waste/Desianated Recvclable Materials handlinq throi
Authorized Collector: Exceptions.
A. Every Person in possession, charge or control of any place or premises in the C
upon, or from which Solid Waste or Designated Recyclables are created, produced or
accumulated shall:
1. Dispose of such Solid Waste through the regular Solid Waste Service of the
its Authorized Collector; and
2. First segregate from Solid Waste and dispose of Designated Recyclables at
Designated Recycling Collection Locations established pursuant to Section 21.105.060
otherwise through the City or its Authorized Recycling Agent; and
3. Pay therefor the fee or fees hereinafter established.
B. Exceptions:
1. Upon submission of adequate proof to the Director, fees shall be refunded w
residential, commercial or industrial site has remained unoccupied for a continuous per
least 90 days and therefore not utilized said Solid Waste Services.
2. If the Authorized Collector be unable to reasonably provide service to the prc
the property owner shall make arrangements to dispose of hislherlits own Solid Waste
Designated Recyclables at a Solid Waste Facility.
3. Nothing in this chapter limits the right of any Person to donate, sell, or othen,
dispose of his/her/its recyclable materials prior to placing said segregated recyclable m
the City-approved recycling area in City-approved designated recyclable receptacles.
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6.08.030 RecetAacles uenerally.
A. No Person shall deposit, keep or accumulate any Solid Waste in or upon any p~
private premises unless enclosed in watertight receptacles designed to contain Solid W
which shall be of a type and size approved by the Director. Such receptacles shall be I
by and at the expense of the Person producing or accumulating such Solid Waste in su
numbers to contain all Solid Waste which is produced or accumulated between succes!
collections.
B. NO Person shall deposit, keep or accumulate any Designated Recyclables in or
public or private premises unless enclosed within a recyclable receptacle of a type, sizc
color approved by the Director. c. Said receptacles shall be kept in the rear or on the side of the premises or desic
enclosures, except as provided in 6.08.080.
6.08.040 Cleanliness of Solid Waste receptacles.
No Person shall allow grease or decomposing material to accumulate in the inte
the exterior of a Solid Waste receptacle. No Person shall allow water or other liquids tc
accumulate in the bottom of a Solid Waste receptacle in excess of a depth of one inch.
6.08.050 Solid Waste receptacles to be kept covered.
No Person shall permit a Solid Waste receptacle to remain uncovered or open, f
condition that flies or vermin may obtain access thereto, except when necessary to plac
Waste therein or remove Solid Waste therefrom, and when the cover is removed theref
such purposes it shall be immediately replaced.
6.08.060 Residential Solid Waste receptacles-Size-Maximum weiaht.
Residential Solid Waste receptacles, when placed for collection, shall not exceec
capacity of 30 gallons or 40 pounds and be adequate in strength so that same will not b
when lifted.
6.08.070 Maximum residential collection.
No single-family residential Solid Waste Service customer shall place more than
Waste receptacles for collection. Households requiring additional service shall arrange
special collection.
6.08.080 Placement of residential receDtacles for collection.
Solid Waste and Designated Recyclables collected from single-family residential
shall be placed within five feet of the curb line of the public street, or if no such curb exi:
five feet of the paved portion of the public street; in the event that the Solid Waste and
Designated Recyclables is to be collected from a public alley, the receptacle shall be PI:
within five feet of the edge of the right-of-way of such alley.
6.08.090 Unlawful placement of Solid Waste.
No Person shall deposit or place any Solid Waste anywhere other than in an app
Solid Waste receptacle under hidher control. Further, no Person shall abandon, store, I
permission, except at an authorized Solid Waste Facility.
andlor burn Solid Waste on public or private premises, with or without the property ownr
6.08.1 00 Unhindered access to receptacles.
It is unlawful for any Person within the City to hinder access of the collectors to tl
Waste or Designated Recyclable receptacles.
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6.08.1 10 Special collection service.
The Authorized Collector shall provide for the collection of any Solid Waste or
Designated Recyclable material which requires special collection at a rate mutually agr
by the customer and the Authorized Collector, subject to the approval of the Director.
6.08.120 Bulkv item collection.
Any item to be discarded or recycled of such a large size and/or weight precludi
collection through the regular service shall be discarded or recycled through special co
service.
6.08.1 30 Shared service allowed.
At the sole discretion of the Director, multiple tenants within a single building or
may be allowed to share commercial bin service. Single-family residences and comme
customers shall not be allowed to share service.
6.08.140 Multiple tenant residential service.
Multiple tenant residential complexes shall be allowed to utilize commercial bin :
individual can service at the discretion of the owner. Multiple tenant residential comple:
utilizing individual can service shall be charged the single-family fee per each unit.
6.08.150 Haulinq Solid Waste.
A. All Solid Waste, after collection, shall be removed and transported to a Solid W:
Facility.
8. No Person shall haul, carry or transport any Solid Waste through the City or aloi
over any public street or public place in the City except in water-tight vehicles so that th
contents thereof are not offensive. Such vehicles, shall be so loaded and operated that
their contents falls or spills therefrom, and every vehicle used for such purposes shall bc
a clean and sanitary condition.
6.08.160 Unauthorized collection (Scavenqinql.
It is unlawful for any Person, other than an employee of the Authorized Collector
employee of the City to collect, remove, or dispose of Solid Waste (including Designate(
Recyclables) in the City; provided, however, that nothing contained herein shall prevent
of garbage disposal devices as regulated by the city plumbing code.
6.08.170 Contracts.
The City may enter into a contract or contracts under such terms or conditions a
agreed upon and as may be seen fit by the City for the collection and disposal of Solid \
and Designated Recyclables within the City. No person shall engage in the business of
providing Solid Waste Services, except as provided in 6.08.020B, within the City withou
a valid Solid Waste Services contract with the City.
6.08.1 80 Rate and fees for service.
The rates and fees to be paid for regular (excluding 6.08.1 IO) Solid Waste Servil
rendered shall be those rates and fees as established from time to time by resolution of
Council.
6.08.1 90 Payment of fees.
It is unlawful for any Person having Solid Waste (including Designated Recyclab
collected and disposed of as herein provided, to willfully fail, neglect, or refuse after den
the City, or its duly authorized agent or employee, to pay the fees herein prescribed for
The City and/or Authorized Collector may seek payment for delinquent accounts by any
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means available. In addition to all other remedies available by law or established by th
chapter, failure to pay after delinquency may result in suspension of service.
6.08.200 Liabilitv for payment.
The obligation to pay Solid Waste Services fees is upon the legal owner or own
property served. Nothing in this section, however, shall prevent an arrangement under
payments for Solid Waste Services are made by a tenant or tenants, or any agent, on I
the owner, provided any such arrangement shall not affect the owner's obligation for p;
said fees.
6.08.210 Enforcement.
The Director shall be responsible for the enforcement of all provisions of this Chi
Failure to comply with these regulations shall be an infraction and will be prosecuted ac
to the provisions of Chapter 1.08 of this code; however, nothing in these regulations sh<
prevent the City's authorized agents or deputies from efforts to obtain voluntary compli:
way 'of warning, notice of violation or educational means.
6.08.220 Savinqs Clause.
All code provisions, ordinances, and parts of ordinances in conflict with the prov
this chapter are repealed. The provisions of this chapter, insofar as they are substantiz
same as existing code provisions relating to the same subject matter shall be construe(
restatements and continuations thereof and not as new enactments. With respect, hou
violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date
ordinance, under any chapter, ordinance, or part of an ordinance hereby otherwise rep(
provisions of such chapter, ordinance, or part of an ordinance shall be deemed to rema
force for the purpose of sustaining any proper suit, action, or other proceedings, with re
any such violation, right, liability or appeal.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoptic
the City Clerk shall certify the adoption of this ordinance and cause it to be published at
once in a newspaper of general circulation in the City of Carlsbad within fifteen days aft
adoption.
INTRODUCED AND FIRST READ by the City Council of the City of Carlsbad at
regular meeting held on the 28th day of October , 1997, and thereafte
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsb.
regular meeting held on the 4th day of November , 1997, by the followir
to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis , Finnila, Nygaard, Kulchin, a
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