HomeMy WebLinkAbout2012-05-08; City Council; 20893; Amend Carlsbad Municipal Code Chapter 6.08- Solid WasteCITY OF CARLSBAD - AGENDA BILL 10
20,893
5/8/2012
DEPT. UTIL
AMENDING CARLSBAD MUNICIPAL CODE
CHAPTER 6.08 - SOLID WASTE
DEPT. DIRECTOR
CITY ATTORNEY Jjf^^
CITY MANAGER
RECOMMENDED ACTION:
Introduce Ordinance No. CS-183 repealing, in its entirety, the current Carlsbad Municipal Code
Chapter 6.08 (Solid Waste) and adopting new Carlsbad Municipal Code Chapter 6.08 (Solid Waste).
ITEM EXPLANATION:
On Feb. 14, 2012, the City of Carlsbad ("City") approved an agreement ("Agreement") for the
provision of solid waste services with Coast Waste Management, Inc. ("CWM"). The Agreement
includes fully automated trash coliection, single-stream recycling, and rolling carts for solid waste,
recycling and green waste. As a result of the new solid waste services going into effect when the
Agreement becomes effective on July 1, staff has determined that significant revisions are needed to
Chapter 6.08 ofthe Carlsbad Municipal Code ("Code"). These revisions will align Chapter 6.08 ofthe
Code with the Agreement, update language that is obsolete, and provide a clear regulatory
understanding of how solid waste shali be handled within the City. Chapter 6.08 of the Code was last
updated in 1997.
In summary, the recommendations would result in some needed changes to the current solid waste
ordinance. Most of the changes are minor in nature, but the major changes are:
• Single Stream Recycling - All recyclables placed in one cart instead of being separated into
crates.
• Solid Waste Hauler Provided Carts - Residents no longer provide trash or green waste cans.
• Container Size/Weight Limitations - Residents will use CWM provided carts, and loaded carts
must not exceed the manufacturer's maximum weight limitations.
• Timing of Placement of Residential Carts for Coliection - Standardized timeframes for
residential customers to place solid waste containers for collection.
• Recyclable Materials - Recyclable materials are now included in one definition instead of
separating by waste generator types.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within
the meaning of CEQA in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and therefore
does not require environmental review.
DEPARTMENT CONTACT: Craig Schmollinger 760-602-7502 Craig.Schmollinger@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
FISCAL IMPACT:
There is no fiscal impact associated with the amendment of the city's municipal code.
EXHIBITS:
1. Proposed Ordinance - Strikeout/Underline
2. Ordinance No. CS-183 . Repealing Chapter 6.08 of the Carlsbad Municipal Code
Regulating Solid Waste and Adopting Chapter 6.08 of the Carlsbad Municipal Code Regulating Solid
Waste.
9.
5&\(bii /
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ORDINANCE NO.
The City Council ofthe City of Carlsbad, California, does ordain as follows:
SECTION 1: That Chapter 6.08 ofthe Carlsbad Municipal Code is repealed in its entirety:
Chaptor 6.08 SOLID WASTE
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2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, REPEALING CHAPTER 6.08 OF THE
CARLSBAD MUNICIPAL CODE REGULATING SOLID WASTE,
4 AND ADOPTING CHAPTER 6.08 OF THE CARLSBAD
MUNICIPAL CODE REGULATING SOLID WASTE.
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Sections:
10 6.08.010 - Definitions.
6.08.020 Reguired solid waste/designated recyclable materials handling through
11 authorized collector- Exceptionsr
6.08.030 Receptacles generallv^
12 6.08.040 - Cleanliness of solid waste receptadesv
6.08.045 Cleanliness of solid waste receptacle areas or encleswesr
13 6.08.050 • Solid waste receptacles to be kept covered:
6.08.060 Residential solid waste receptacles-—Size Maximum weight.-
6.08.070 - Maximum residential collection.
6.08.080 Placement of residential receptacles for collection.
6.08.090 Unlawful placement of solid waster
6.08.100 Unhindered access to receptadesr
6.08.110 Special collection sefvlceT
6.08.120 • Bulky item collection.
6.08.130 Shared service allowedr
-IQ 6.08.140 Multiple tenant residential servioer
6.08.150 Hauling solid waste.
19 6.08.160 - Unauthorized collection (scaveRomg^
6.08.170 Contracts.-
20 6.08.180 • Rate and fees for serviGer
6.08.190 Payment of fees.
21 6.08.200 • Liability for payment.
6.08.210 - Enforcement.
22 6.08.220 - Savings clauser
6.08.010 - Definitions.
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24
A:—For purposes of this chapter the following words and phrases shall have the meanings
25 respectively ascribed to them by this section, unless it is obvious from the context that another
meaning is intended:
26
4^—"Aluminum" means rocoverable aluminum materials including but not limited to used
27 beverage containers, siding, and other manufactured items.
28 2-.—"Authorized collector" means a person, firm, or corporation holding a valid contract
1 with the city for provision of solid wasto sorvicos.
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2 ^-—"Authorized recycling agent" means a porson, firm, or corporation holding a valid
contract with the city to collect designated recyclable matorials.
4^—"Cardboard" means post consumer wastopaper grade, corrugated cardboard (#11),
4 kraft (brown) paper bags or solid fiber boxes which have sorvod their packaging purposo
and are discarded and can lator be reclaimed for collection and recovery for recycling.
^-—"City" or "City of Carlsbad" means the incorporated territory ofthe City of Carlsbad.
^ 6^—"Commercial solid waste" moans solid waste originating from stores, officos and othor
commercial sources, but does not includo construction or domolition wasto.
"Compost" moans the product resulting from tho controllod biological decomposition 7^
^ of organic wastes that are source separated from tho municipal solid wasto stream, or
which are separated at a centralized facility.
^-—"Construction wasto" means tho demolition, dredging, grubbing, and the rubblo
10 resulting from construction, remodeling, ropair and demolition activities on housing,
commercial or governmental building and any other structure and pavement.
9:—"Designated recyclable materials" or "designated recyclables" means those matorials
12 that are designated as recyclable and/or reusable within tho following categories of
residential, commercial (office and hospitality) and industrial as defined more specifically
13 within each category listed in this section.
14 ^-—Designated recyclables for singlo-family and multi family residential customers
shall include, but are not limited to: newspaper, plastic beverage bottles, aluminum,
15 tin and bimetal cans, yard wasto, white goods (appliances) and glass bottles or jars.
b:—Designated recyclables for commercial office buildings of more than twenty
thousand square feet shall include, but aro not limited to: office paper, corrugatod
cardboard, newspaper and aluminum.
^-—Designated recyclables for commercial hospitality customers, including all
restaurants and taverns, shall include, but aro not limited to: corrugated cardboard,
plastic beverage bottles, glass jars and bottles, whito goods (appliances), aluminum,
^ and tin and bimetal cans.
20 4-.—Designated recyclables for industrial customers shall include, but are not limited
to: dirt, asphalt, sand, land-clearing brush, concrete and rock.
21
10. "Designated recycling collection location" moans tho place where an authorized
22 recycling agent has contracted with the city to pick up recyclable material segregated from
other waste material. Designated recycling collection location includes, but is not limited to,
23 the curbside of a residential neighborhood or tho service alley of a commercial enterprise.
24 44.—"Director" means a city department director or authorized other designee.
25 —"Glass bottles and jars" means food and beverage glass containers including but not
limited to container glass covered by the deposit law, and excluding household and kitchen
26 containers such as drinking glasses, cups, and cooking and serving dishes.
2j 43^—"Industrial solid waste" means solid wasto originating from mechanized manufacturing
facilities, factories, refineries, construction and demolition projects, publicly-operated
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1 treatment works, and/or solid wastes placed in commorcial collection bins.
2 44^—"Newspaper" means materials printed on newsprint.
3 15. "Office paper" means waste paper grades of white and colored ledgers. Examples
include but are not limited to forms, copy paper, stationery, and other papers that are
4 generally associated with desk activity.
c 16. "Person" includes any person, firm, association, organization, partnership, business
trust, joint venture, oorporation, or oompany and includes the United States, tho Stato of
g California, the County of San Diego, the City of Carlsbad, cities, districts, and any officer or
agency thereof.
47^—"Plastic beverage bottles" moans plastic containers with narrow necks, or mouth
openings smaller than the diameter of tho container bodies, usod for containing or holding
milk, juice, soft drinks or water intended for human consumption; to be distinguished from
nonfood bottles such as those for containing motor oil, detergent or other household
^ products.
8
10 48^—"Pollutants" means and includes, but is not limited to, solid waste, sewage, garbage,
medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil,
rock, sand, sediment, silt, industrial waste, and any organic or inorganic substance defined
as a pollutant under AO C.F.R. 122.2 whose presence degrades the quality ofthe receiving
''2 waters in violation of basin plan and California ocean plan standards such as focal
coliform, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and
grease, petroleum hydrocarbons, total organic carbon, lead, copper, chromium, cadmium,
silver, nickel, zinc, cyanides, phenols, fertilizers, pesticides, herbicides and other biocides.
A pollutant also includes any contaminant which degrades the quality of the receiving
waters in violation of basin plan and California ocean plan standards by altering any of the
following parameters: pH, total suspended and settleable solids, biochemical oxygen
demand (BOD), chemical oxygen demand (COD), nutrients, temperature, and other
^° narrative standards of the basin plan.
17 19. "Segregate waste material" means any of the following: the placement of recyclables
in separate containers; the binding of recyclable material separately from the other wasto
18 material; the physical separation of recyclables from other waste material.
19 20^—"Stormwater" means surface runoff and drainage associated with storm events and
snow melt that flows across a surface to the stormwater conveyance system or receiving
20 waters. For the purposes of this chapter, storm wator runoff and drainage from areas that
are in a natural state, have not been significantly disturbed or altered, either directly or
21 indirectly, as a result of human activity, and the character and type of pollutants naturally
appearing in the runoff have not been significantly altered, either directly or indirectly, as a
22 result of human activity, shall be considered "unpolluted" and shall satisfy the definition of
"storm water" in this chapter.
23
3A-.—"Storm water conveyance system" means private, natural and publicly owned facilities
24 within the City of Carlsbad by which storm water may be conveyed to receiving waters of
the United States, including any roads with drainage systems, streets, catch basins, curbs,
25 gutters, ditches, pipes, natural and man made channels or storm drains.
26 22r.—"Solid waste" means putrescible and nonputrescible solid, semisolid and liquid
wastes, generated in or upon residential or commercial premises, including garbage, trash,
27 refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes,
abandoned vehicles and parts thereof, discarded home and industrial appliances,
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1 dewatered, treated, or chemically fixed sewage sludge which is not hazardous wasto.
manure, vegetable or animal solid and semisolid wastes, and other discarded solid and
2 semisolid wastes. Solid wasto does not include hazardous or biohazardous wasto or
biomedical waste, which are regulated and shall bo handled and disposed of pursuant to
3 Chapters 6.03 and 6.02, respectively; or recyclable materials sold or donated by the ownor
for reuse, recycling or composting, other than by placing thom for recycling in city
4 approved designated recycling containers at city- approved areas for collection by the city's
authorized recycling agont.
5
23. "Solid waste services" means tho collection, transport, and disposal of solid wasto
6 and designated recyclables, including yard wasto. from residential, commercial, and
industrial generators.
7
2A. "Solid waste facility" means a solid waste transfer or procossing station, a composting
8 facility, a transformation facility, or a disposal facility as approvod by the city.
g 25^—"White goods" means kitchen or other large, enameled appliances.
.p. 26. "Yard wastes" means leaves, grass, weeds and wood materials from trees and
shrubs.
11 (Ord. NS 625 §§ 2, 3. 2002: Ord. NS A27 § 2 (part), 1007)
12 6.08.020 Required solid waste/designated recyclablo matorials handling through
authorized collector—Exceptions.
13
A—Every person in possession, charge or control of any place or promises in the city in, upon,
14 or from which solid waste or designated recyclables are created, produced or accumulatod
sl^
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4.—Dispose of such solid waste through the regular solid waste service of tho city or its
16 authorized collector; and
.J7 2r.—First segregate from solid waste and dispose of designated recyclables at designated
recycling collection locations established pursuant to Section 21.105.060 or othenA/ise
through the city or its authorized recycling agent; and
^. Pay therefor the fee or fees hereinafter ostablishod.
Bz—Exceptions.
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20 ..
—Upon submission of adequate proof to the director, fees shall be refunded when a
21 residential, commercial or industrial site has remained unoccupied for a continuous period
of at least ninety days and therefore not utilized the solid waste services.
22
3r.—If the authorized collector be unable to reasonably provide service to the premises,
23 the property owner shall make arrangements to dispose of his/her/its own solid waste and
designated recyclables at a solid waste facility.
24
3: Nothing in this chapter limits the nght of any person to donate, sell, or othenvise
25 dispose of his/her/its recyclable materials prior to placing said segregated recyclable
materials in the city-approved recycling area in city approved designated recyclable
26 receptacles.
2^ (Ord. NS 427 §2 (part), 1997)
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6.08.030 Receptacles gonorally.
2 —No person shall deposit, keep or accumulate any solid waste in or upon any public or
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private promises unless enclosed in watertight rocoptacles designed to contain solid wasto
3 which shall be of a type and sizo approved by the diroctor. Such receptacles shall be provided
by and at the expense of the porson producing or accumulating such solid waste in sufficiont
4 numbers to contain all solid waste which is produced or accumulated between successive
collections.
5
^-—No person shall deposit, keep or accumulato any designated recyclables in or upon any
6 public or private premises unless enclosed within a recyclable recoptacle of a type, sizo, and
color approved by tho director.
^ ^-—Suoh recoptacles shall be kept in the rear or on tho side of tho premises or designated
g enclosures, except as provided in Section 6.08.080
(Ord. NS 427 §2 (part). 1007)
6.08.040 Cleanliness of solid wasto roceptaclos.
No person shall allow groase or decomposing material to accumulato in the interior or on tho
11 exterior of a solid waste receptacle. No porson shall allow water or other liquids to accumulato
in the bottom of a solid waste receptacle in excess of a depth of one inch
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14
(Ord. NS 427 §2 (part), 1007)
6.08.045 Cleanliness of solid wasto roceptacio areas or onclosuros.
No person shall allow pollutants or liquids to accumulate around solid waste enclosures or
around and/or under solid waste receptacles such that storm wator will carry those pollutants or
liquids to the storm water conveyance systom.
16 (Ord. NS 625 § 4, 2002)
17 6.08.050 - Solid waste receptacles to be kept covered.
18 No person shall permit a solid waste receptacle to remain uncovered or open, or in such
condition that flies or vermin may obtain access thereto, exoept when necessary to placo solid
19 waste therein or remove solid waste therefrom, and whon tho cover is removed therefrom for
such purposes it shall be immediately replaced.
(Ord. NS 427 §2 (part). 1997)
6.08.060 - Residential solid waste receptacles—Size—Maximum weight.
Residential solid waste receptacles, when placed for collection, shall not exceed a capacity of
thirty gallons or forty pounds and be adequate in strength so that same will not break when
lifted.
24 (Ord. NS 427 § 2 (part), 1997)
25 6.08.070 - Maximum residential coilection.
26 No single-family residential solid waste service customer shall place more than ten solid waste
receptacles for collection. Households requiring additional service shall arrange for special
27 collection.
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(Ord. NS 427 §2 (part). 1007)
6.08.080 Placomont of rosidontial roceptaclos for colloction.
Solid waste and designated recyclables collocted from single family residential units shall bo
placed within five feet of the curb line of tho public street, or if no such curb exists, within five
feet of the paved portion of the public street; in tho event that the solid waste and designated
recyclables are to be collected from a public alloy, the receptacle shall bo placed within five foet
5 of the edge of the right-of way of such alley.
g (Ord. NS 427 §2 (part). 1007)
6.08.090 Unlawful placomont of solid waste.
No person shall deposit or place any solid waste anywhere other than in an approved solid
waste recoptacle under his or her control. Further, no person shall abandon, store, bury, and/or
burn solid waste on public or private premises, with or without the proporty owner's perrnission,
except at an authorized solid waste facility.
10 (Ord. NS 427 §2 (part). 1007)
11 6.08.100—Unhindered access to recoptaclos.
12 it is unlawful for any porson within the city to hinder access ofthe colloctors to tho solid wasto or
designated recyclable receptacles.
(Ord. NS 427 §2 (part), 1007)
1^ 6.08.110 Special collection service.
15 The authorized collector shall provide for the colloction of any solid waste or designated
recyclable material which requires special collection at a rato mutually agreed upon by tho
16 customer and the authorized collector, subject to the approval ofthe director.
17 (Ord. NS 427 §2 (part). 1007)
lg 6.08.120 - Bulky itom collection.
-|g Any item to be discarded or recycled of such a large size and/or weight precluding collection
through the regular service shall be discarded or recycled through special colloction service.
20 (Ord. NS 427 §2 (part). 1007)
21 6.08.130 Shared service allowed.
22 At the sole discretion ofthe director, multiple tenants within a single building or complex may be
allowed to share commercial bin service. Single family residences and commercial can
23 customers shall not be allowed to share service.
24 (Ord. NS 427 § 2 (part). 1997)
25 6.08.140—Multiple tenant residential service.
Multiple tenant residential complexes shall be allowed to utilize commercial bin service or
individual can service at the discretion of the owner. Multiple tenant residential complexes
2y utilizing individual can service shall be charged the single-family fee per each unit.
28
1 (Ord. NS 427 §2 (part), 1007)
2 6.08.150 • Hauling solid wasto.
3 A—All solid waste, after collection, shall be removed and transported to a solid waste facility.
—No person shall haul, carry or transport any solid waste through the city or along or ovor
any public street or public place in the city except in water tight vehicles so that the contents
thereof are not offensive. Such vehicles shall be so loaded and operated that none of their
contents falls or spills therefrom, and every vehicle used for such purposes shall be kept in a
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clean and sanitary condition.
(Ord. NS 427 §2 (part). 1997)
6.08.160 - Unauthorized collection (scavenging).
It is unlawful for any person, otherthan an employee ofthe authorized collector or an employee
9 of the city to collect, remove, or dispose of solid wasto (including designated recyclables) in tho
city; provided, however, that nothing contained herein shall prevent the use of garbage disposal
10 devices as regulated by the city plumbing code.
11 (Ord. NS 427 § 2 (part), 1997)
6.08.170 - Contracts.
The city may enter into a contract or contracts under such terms or conditions as may be agreed
upon and as may be seen fit by the city for the collection and disposal of solid waste and
designated recyclables within the city. No person shall engage in the business of providing solid
waste services, except as provided in Section 6.08.020(B), within the city without having a valid
solid waste services contract with the city.
(Ord. NS 427 §2 (part), 1997)
6.08.180—Rate and fees for service.
The rates and fees to be paid for regular (excluding Section 6.08.110) solid waste services
18 rendered shall be those rates and fees as established from time to time by resolution of the City
Council.
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20
(Ord. NS 427 §2 (part), 1997)
6.08.190 - Payment of fees.
21 It is unlawful for any person having solid waste (including designated recyclables) collected and
disposed of as herein provided, to wilfully fail, neglect, or refuse after demand by the city, or its
duly authorized agent or employee, to pay the fees herein prescribed for services. The city
and/or authorized collector may seek payment for delinquent accounts by any legal means
available. In addition to all other remedies available by law or established by this chapter, failure
to pay after delinquency may result in suspension of service.
(Ord. NS 427 §2 (part). 1997)
6.08.200 - Liability for payment.
The obligation to pay solid waste servioes fees is upon the legal owner or owners of the
27 property served. Nothing in this section, however, shall prevent an arrangement under which
28
1 payments for solid waste services are made by a tenant or tenants, or any agent, on behalf of
the owner, provided any such arrangement shall not affect the owner's obligation for payment of
2 such fees.
3 (Ord. NS 427 §2 (part). 1997)
6.08.210 - Enforcement.
The director shall be responsible for the enforcement of all provisions of this chapter. Failure to
comply with these regulations shall be an infraction. Nothing in these regulations shall prevent
g the city's authorized agents or deputies from efforts to obtain compliance by way of warning,
notice of violation, educational means or other civil or administrative remedies available under
this code or other applicable law.
(Ord. NS 625 § 5, 2002: Ord. NS 427 § 2 (part). 1007)
6.08.220 - Savings clause.
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9
All code provisions, ordinances, and parts of ordinances in conftict with the provisions of this
10 chapter are repealed. The provisions of this chapter, insofar as they are substantially the same
as existing code provisions relating to the same subject matter shall be construed as
11 restatements and continuations thereof and not as new enactments. With respect, however, to
violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of the
12 ordinance codified in this chapter, under any chapter, ordinance, or part of an ordinance hereby
otherwise repealed, all provisions of such chapter, ordinance, or part of an ordinance shall be
13 deemed to remain in full force for the purpose of sustaining any proper suit, action, or other
proceedings, with respect to any such violation, right, liability or appeal.
14
15
16 SECTION 2: That Chapter 6.08 of the Carlsbad Municipal Code is enacted in its entirety
17 and reads as follows:
18 Chapter 6.08 SOLID WASTE
Sections:
19 6.08.010 Definitions.
(Ord. NS 427 §2 (part), 1997)
6.08.020 Reguired solid waste/ recyclable materials/oreen waste handlinc.
20 6.08.030 Containers Generally.
6.08.040 Cleanliness of solid waste containers.
21 6.08.045 Cleanliness of solid waste container areas or enclosures.
6.08.050 Solid waste containers to be kept covered.
22 6.08.060 Residential solid waste carts-Maximum weight.
6.08.070 Maximum residential collection.
23 6.08.080 Placement of residential carts for collection.
6.08.090 Timino of placement of residential carts for collection.
24 6.08.100 Unlawful placement of solid waste.
6.08.110 Unhindered access to containers.
25 6.08.120 Special collection service.
6.08.130 Bulky item collection.
26 6 08.140 Shared service allowed.
6.08.150 Multiple tenant residential service.
27 6.08.160 Haulino solid waste.
28
6 08.170 Unauthorized collection (scavenainaV
6 08.180 Contracts.
6.08.190 Rate and fees for service.
6.08.200 Payment of fees.
6,08.210 Liability for payment.
6 08.220 Enforcement.
6.08.230 Savings clause.
6.08.010 Definitions.
A. For purposes of this chapter the following words and phrases shall have the meaninos
respectively ascribed to them bv this section, unless it is obvious from the context that another
meaning is intended:
1 • "Bin" means a metal or rigid plastic container provided bv the citv or its franchisee with a
8 capacity of less than ten (10^ cubic yards, eeuipped with a lid, and designed for mechanical
pick-up by collection vehicles.
9 2. "Bulky Waste" means solid waste that cannot and/or would not typically be
accommodated within a cart, such as furniture and appliances. Bulky waste does not
10 include exempt waste.
3. "Cart" means a plastic container provided bv the citv or its franchisee with a hinoed lid
11 and wheels serviced by an automated truck with a capacity of no less than 30- and no
greaterthan 101 gallons.
12 4. "City" or "City of Carlsbad" means the incorporated territory of the Citv of Carlsbad.
5. "Commercial solid waste" means solid waste originating from stores, offices and other
13 commercial sources, but does not include construction or demolition waste.
6. "Compost" means the product resulting from the controlled biological decomposition of
14 organic wastes that are source separated from the municipal solid waste stream, or which
are separated at a centralized facility.
15 7. "Construction and Demolition waste" means Solid Waste generated at a premises that is
directly related to construction, remodeling, repair or demolition activities occurring thereon.
16 8. "Container" means collectively the carts bins or roll-off box furnished bv the citv or
franchisee used for storage of solid waste, recyclables and green waste prior to collection.
1^ 9. "Director" means the City's Utilities Director or his/her designee, or other City
department director as designated by the City Manager.
16 ' 10. "Exempt Waste" means biohazardous or biomedical waste, hazardous waste, sludge.
designated waste, stable matter, waste tires, liouid wastes, green waste or lumber that is
1^ more than four (4) feet in length in its longest dimension or two (2) feet in diameter.
automobiles, automobile parts, boats, boat parts, trailers, internal combustion engines, lead-
20 acid batteries, and those wastes under the control of the Nuclear Regulatory Commission.
11. "Franchisee" means anv person, persons firm or corporation to whom a franchise has
21 been granted bv the Citv for the collection, processing, recycling and disposal of solid waste.
12. "Green waste" means anv vegetative matter resulting from normal vard and landscaping
maintenance that is not more than four (4) feet in its longest dimension or six (6) inches in
diameter. Green Waste includes plant debris, such as grass clippings, leaves, pruning.
weeds, branches, brush, Holiday trees, and other forms of organic waste that is generated
at the premises wherein the Green Waste is collected. Green Waste does not include
materials not normally produced from gardens or landscape areas, such as brick, rock.
gravel, large quantities of dirt, concrete, sod, non-oroanic wastes, oil, and painted or treated
wood products.
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26 13. "Person" includes anv person, firm, association, organization, partnership, business
trust, joint venture, corporation, or company and includes the United States, the State of
27 California, the Countv of San Diego, the Citv of Carlsbad, cities, districts, and anv officer or
agency thereof.
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14. "Pollutants" means and includes, but is not limited to. solid waste, sewage, garbage.
medical waste, wrecked or discarded eouioment. radioactive materials, dredged spoil, rock.
sand, sediment, silt, industrial waste, and anv organic or inorganic substance defined as a
pollutant under 40 C.F.R. 122.2 whose presence degrades the gualitv of the receiving
waters in violation of basin plan and California ocean plan standards such as fecal coliform.
fecal streptococcus, enterococcus. volatile organic carbon, surfactants, oil and grease.
petroleum hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver.
nickel, zinc, cyanides, phenols, fertilizers, pesticides, herbicides and other biocides. A
pollutant also includes anv contaminant which degrades the guality of the receiving waters
in violation of basin plan and California ocean plan standards bv altering anv ofthe following
parameters: PH. total suspended and settleable solids, biochemical oxygen demand (BODV
chemical oxygen demand (CODV nutrients, temperature, and other narrative standards of
the basin plan.
15, "Recyclable materials" means those materials that are recyclable and/or reusable.
8 Recyclable materials include: newsprint (including inserts^ mixed paper (including
magazines, catalogs, envelopes, iunk mail, corrugated cardboard. Kraft brown bags and
paper, paperboard. paper egg cartons, office ledger paper, and telephone booksV glass
containers: aluminum beverage containers: small scrap and cast aluminum (not exceeding
10 ten (10^ pounds in weight nor two (2) feet in any dimension for anv single itemV. steel
including "tin" cans and small scrap (not exceeding ten (10^ pounds in weight nor two (2)
11 feet in anv dimension for anv single iiem): bimetal containers: mixed plastics including, but
not limited to. plastic containers (^-7). and bottles including containers made of HDPE.
12 LDPE, PET or PVC: and aseptic containers. Polystyrene peanuts and film plastic, including
Plastic bags are specifically excluded from collection and processing.
13 16. "Solid Waste" means all discarded putrescible and non-putrescible solid, semisolid, and
liouid wastes, including refuse, construction and demolition waste, bulkv waste, recyclable
14 materials, and green waste, food waste, or anv combination thereof which are permitted to
be disposed of in a Class III landfill, and which are included in the definition of "Non-
15 Hazardous Solid Waste" set forth in the California Code of Regulations, Solid Waste does
not include exempt waste.
16 17. "Roll-off box" means a metal container with a capacity of ten (10^ or more cubic yards
that is normally loaded onto a motor vehicle.
1" 18. "Solid waste facilitv" means a solid waste transfer or processing station, a composting
facility, a transformation facility, or a disposal facility as approved bv the citv.
16 19, "Solid Waste Service" means the collection, transport and disposal of solid waste and
recyclable materials, including green waste.
1^ 20. "Storm water" means surface runoff and drainage associated with storm events that
ftows across a surface to the storm water conveyance system or receiving waters. For the
purposes of this chapter, storm water runoff and drainage from areas that are in a natural
state, have not been significantly disturbed or altered, either directly or indirectly, as a result
^1 of human activity, and the character and tvoe of pollutants naturally appearing in the runoff
have not been significantly altered, either directly or indirectly, as a result of human activity.
shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this
9-3 chapter.
21. "Storm water conveyance system" means private, natural and publicly owned facilities
within the Citv of Carlsbad bv which storm water mav be conveyed to receiving waters of the
United States, including anv roads with drainage systems, streets, catch basins, curbs.
25 gutters, ditches, pipes, natural and man-made channels or storm drains.
B, Anv term that is defined bv Division 30 (Waste Managements of the California Public
Resources Code (commencing with Section 4000) that is used but not othenA/ise defined in this
chapter shall have the meaning established bv the Public Resources Code, to the extent
27 meaning is not inconsistent with the context of the usage in this chanter and does not conftict
with the approved franchise.
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6.08.020 Reauired solid waste/recvclable materials/areen waste handling.
2
A. Every person in possession, charge or control of anv place or premises in the citv in. upon.
3 or from which solid waste, recyclable materials, or green waste are created, produced or
accumulated shall:
4 1. Dispose of such solid waste through the regular solid waste service of the citv or its
franchisee: and
5 2. First segregate from solid waste and dispose of recyclable materials and green waste in
recycling and green waste containers, as appropriate: and
6 3. Pay therefor the fee or fees hereinafter established.
B. The collection of solid waste shall occur at least once per week.
7 C. Exceptions.
1. If the franchisee is unable to reasonably provide service to the premises, the property
8 owner shall make arrangements to dispose of his/her/its own solid waste, recyclable
materials, and green waste at a solid waste facilitv.
9 2. Nothing in this chapter limits the right of anv person to donate, sell, or othenA/ise dispose
of his/her/its recyclable materials prior to placing said recyclable materials in recyclable
10 containers.
11 6.08.030 Containers generallv.
12 A. No person shall deposit, keep or accumulate anv solid waste in or upon anv public or
private premises unless enclosed in containers. Such containers shall be provided bv the
13 franchisee. The containers will remain the property of the franchisee. Everv person occupying
or having control of anv such premises shall insure that a sufficient number of containers are
14 available to properly store all solid waste generated at said premises.
B. No person shall deposit, keep or accumulate anv recyclable materials in or upon anv public
16 or private premises unless enclosed within a recyclable container.
C. Such containers shall be kept in the rear or on the side of the premises or in designated
16 enclosures, except as provided in Sections 6.08.080. or as approved bv the director.
1^ 6.08.040 Cleanliness of solid waste containers.
16 No person shall allow grease or decomposing material to accumulate in the interior or on the
exterior of a solid waste container. No person shall allow water or other liouids to accumulate in
1^ the bottom of a solid waste container in excess of a depth of one inch.
Of)
6.08.045 Cleanliness of solid waste container areas or enclosures.
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No person shall allow pollutants or liouids to accumulate around or on solid waste enclosures or
around and/or under solid waste containers such that storm water will carry these pollutants or
liouids to the storm water conveyance system.
6.08.050 Solid waste containers to be kept covered.
No person shall permit a solid waste container to remain uncovered or open, or in such
25 condition that flies or vermin mav obtain access thereto, except when necessarv to place solid
waste therein or remove solid waste therefrom, and when the cover is removed therefrom for
2g such purposes it shall be immediately replaced.
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6.08.070 Maximum residential collection.
1 6.08.060 Residential solid waste carts -Maximum weight.
2 Residenfial solid waste carts, when placed for collection, shall not be at a weight greater than
the cart manufacturer's recommended maximum weight.
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Solid waste, recyclable materials and green waste, when placed for collection, shall fit entirely
5 within the confines of the carts with lids securely shut. The franchisee shall not be obligated to
collect solid waste, recyclable materials or green waste that is placed outside of said carts.
6 Households reguiring additional service shall arrange for special collection.
7 6.08.080 Placement of residential carts for collection.
8 Solid waste, recyclable materials and green waste carts from sinole-familv residential units shall
be Placed in the street with the wheels against the curb, or if no such curb exists, within the
9 gutter of the public street: in the event that the solid waste, recyclable materials and green
waste are to be collected from a public alley, the carts shall be placed within five feet of the
10 edge of the right-of-wav of such alley. Carts shall be positioned with handles facing awav from
the street or right-of-wav. Carts must be placed at least two feet awav from obstacles such as
11 trees, vehicles and mailboxes, one foot awav from other carts, and clear from anv overhead
obstructions such as tree limbs.
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6.08.090 Timing of placement of residential carts for collection.
Solid waste, recyclable materials and green waste carts must be placed for collection between
14 the hours of 6:00 p.m. on the dav prior to collection and 6:00 a.m. of the dav of collection. Carts
shall be removed no later than 12:00 a.m. ofthe day of collection.
6.08.100 Unlawful placement of solid waste.
No person shall deposit or place anv solid waste anywhere other than in an approved solid
1^ waste container under his or her control. Further, no person shall abandon, store, burv. and/or
burn solid waste on public or private premises, with or without the property owner's permission.
16 except at an authorized solid waste facilitv.
6.08.110 Unhindered access to containers. 19
20 It is unlawful for anv person within the citv to hinder access of the franchisee to the solid waste.
2<| recyclable materials or oreen waste containers.
6.08.120 Special collection service.
The franchisee shall provide for the collection of anv solid waste, recyclable material or green
waste which reguires special collection. If the special service is not identified in the citv's
contract with the franchisee, the franchisee shall provide the service at a rate mutually agreed
upon bv the customer and the franchisee. Customers shall contract the citv's franchisee to
25 arrange for such services.
26 6.08.130 Bulky Waste collection.
27 Bulkv waste shall be discarded or recycled through special collection service.
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1 6.08.140 Shared service allowed.
2 Multiple tenants within a single building or complex mav be allowed to share bin service.
Customers utilizing carts shall not be allowed to share service, except at the sole discretion of
3 the director.
4 6.08.150 Multiple tenant residential service.
5 Multiple tenant residential complexes shall be allowed to utilize bin service or individual cart
service at the discretion of the owner or property manager. Multiple tenant residential
6 complexes utilizing individual cart service shall be charged the single-familv fee per each unit.
7 6.08.160 Hauling solid waste.
8 A. All solid waste, after collection, shall be removed and transported to a solid waste facility.
B. No person shall haul, carry or transport anv solid waste through the citv or along or over anv
9 public street or public place in the citv except in water-tight vehicles so that the contents thereof
are not offensive. Such vehicles shall be so loaded and operated that none of their contents falls
10 or spills therefrom, and every vehicle used for such purposes shall be kept in a clean and
sanitary condition.
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6.08.170 Unauthorized collection (scavengingV
It is unlawful for anv person, other than an employee of the franchisee or an employee of the
13 citv to collect, remove, or dispose of solid waste (including recyclable materials) in the citv:
provided, however, that nothing contained herein shall prevent the use of garbage disposal
14 devices as regulated bv the citv plumbing code.
16 6.08.180 Contracts.
16 The citv mav enter into a contract or contracts under such terms or conditions as mav be agreed
upon and as mav be seen fit bv the citv for the collection and disposal of solid waste, recyclable
1^ materials and oreen waste within the citv. No person shall engage in the business of providing
solid waste services, except as provided in Section 6.08.020(C\ within the citv without having a
16 valid solid waste services contract with the citv.
6.08.190 Rate and fees for service.
20 The rates and fees to be paid for regular (excluding Section 6.08.120) solid waste services
rendered shall be those rates and fees as established from time to time bv resolution of the Citv
Council.
6.08.200 Pavment of fees.
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It is unlawful for anv person having solid waste collected and disposed of as herein provided, to
24 wilfully fail, neglect, or refuse after demand bv the citv. or its duly authorized agent or employee.
to pay the fees herein prescribed for services. The citv and/or franchisee mav seek payment for
25 delinouent accounts bv anv legal means available. In addition to all other remedies available bv
law or established bv this chapter, failure to pav after delinouencv mav result in suspension of
26 service.
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1 6.08.210 Liabilitv for payment.
2 The obligation to pay solid waste services fees is uoon the legal owner or owners of the
property served. Nothing in this section, however, shall prevent an arrangement under which
3 payments for solid waste services are made bv a tenant or tenants, or anv aoent. on behalf of
the owner, provided anv such arrangement shall not affect the owner's obligation for payment of
4 such fees.
5 6.08.220 Enforcement.
6 The director shall be responsible for the enforcement of all provisions of this chapter. Failure to
comply with these regulations shall be an infraction. Nothing in these regulations shall prevent
7 the city's authorized agents or deputies from efforts to obtain compliance bv wav of warning.
notice of violation, educational means or other civil or administrative remedies available under
8 this code or other applicable law.
9 6.08.230 Savings clause.
10 All code provisions, ordinances, and parts of ordinances in confiict with the provisions of this
chapter are repealed. The provisions ofthis chapter, insofar as thev are substantially the same
11 as existing code provisions relating to the same subiect matter shall be construed as
restatements and continuations thereof and not as new enactments. With respect, however, to
12 violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of the
ordinance codified in this chapter, under anv chapter, ordinance, or part of an ordinance hereby
13 OthenA/ise repealed, all provisions of such chapter, ordinance, or part of an ordinance shall be
deemed to remain in full force for the purpose of sustaining anv proper suit, action, or other
14 proceedings, with respect to anv such violation, right, liabilitv or appeal.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
and the city clerk shall certify the adoption of this ordinance and cause it to be published at least
once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of . 2012. and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of . 2012. by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
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ORDINANCE NO. CS-183
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING CHAPTER 6.08 OF THE
CARLSBAD MUNICIPAL CODE REGULATING SOLID WASTE,
AND ADOPTING CHAPTER 6.08 OF THE CARLSBAD
MUNICIPAL CODE REGULATING SOLID WASTE.
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That existing Chapter 6.08 of the Cartsbad Municipal Code is repealed in
its entirety:
SECTION 2: That a new Chapter 6.08 of the Cartsbad Municipal Code is enacted in its
entirety and reads as follows:
Chapter 6.08 SOLID WASTE
Sections:
6.08.010 Definitions.
6.08.020 Required solid waste/ recyclable matenals/green waste handling.
6.08.030 Containers generally.
6.08.040 Cleanliness of solid waste containers.
6.08.045 Cleanliness of solid waste container areas or enclosures.
6.08.050 Solid waste containers to be kept covered.
6.08.060 Residential solid waste carts-Maximum weight.
6.08.070 Maximum residential collection.
6.08.080 Placement of residential carts for collection.
6.08.090 Timing of placement of residential carts for collection.
6.08.100 Unlawful placement of solid waste.
6.08.110 Unhindered access to containers.
6.08.120 Special collection service.
6.08.130 Bulky item collection.
6.08.140 Shared service allowed.
6.08.150 Multiple tenant residential service.
6.08.160 Hauling solid waste.
6.08.170 Unauthorized collection (scavenging).
6.08.180 Contracts.
6.08.190 Rate and fees for sen/ice.
6.08.200 Payment of fees.
6.08.210 Liability for payment.
6.08.220 Enforcement.
6.08.230 Savings clause.
6.08.010 Definitions.
A. For purposes of this chapter the following words and phrases shall have the meanings
respectively ascribed to them by this section, unless it is obvious from the context that another
meaning is intended:
1 1. "Bin" means a metal or rigid plastic container provided by the city or its franchisee with a
capacity of less than ten (10) cubic yards, equipped with a lid. and designed for mechanical
2 pick-up by collection vehicles.
2. "Bulky Waste" means solid waste that cannot and/or would not typically be
3 accommodated within a cart, such as furniture and appliances. Bulky waste does not
include exempt waste.
4 3. "Cart" means a plastic container provided by the city or its franchisee with a hinged lid
and wheels serviced by an automated truck with a capacity of no less than 30- and no
5 greater than 101 gallons.
4. "City" or "City of Cartsbad" means the incorporated territory of the City of Carlsbad.
6 5. "Commercial solid waste" means solid waste originating from stores, offices and other
commercial sources, but does not include construction or demolition waste.
7 6. "Compost" means the product resulting from the controlled biological decomposition of
organic wastes that are source separated from the municipal solid waste stream, or which
8 are separated at a centralized facility.
7. "Construction and Demolition waste" means Solid Waste generated at a premises that is
9 directly related to construction, remodeling, repair or demolition activities occurring thereon.
8. "Container" means collectively the carts, bins or roll-off box furnished by the city or
10 franchisee used for storage of solid waste, recyclables and green waste prior to collection.
9. "Director" means the City's Utilities Director or his/her designee, or other City
11 department director as designated by the City Manager.
10. "Exempt Waste" means biohazardous or biomedical waste, hazardous waste, sludge,
12 designated waste, stable matter, waste tires, liquid wastes, green waste or lumber that is
more than four (4) feet in length in its longest dimension or two (2) feet in diameter,
13 automobiles, automobile parts, boats, boat parts, trailers, internal combustion engines, lead-
acid batteries, and those wastes under the control ofthe Nuclear Regulatory Commission.
14 11. "Franchisee" means any person, persons firm or corporation to whom a franchise has
been granted by the City forthe collection, processing, recycling and disposal of solid waste.
16 12. "Green waste" means any vegetative matter resulting from normal yard and landscaping
maintenance that is not more than four (4) feet in its longest dimension or six (6) inches in
16 diameter. Green Waste includes plant debris, such as grass clippings, leaves, pruning.
weeds, branches, brush. Holiday trees, and other forms of organic waste that is generated
1'^ at the premises wherein the Green Waste is collected. Green Waste does not include
materials not normally produced from gardens or landscape areas, such as brick, rock,
16 gravel, large quantities of dirt, concrete, sod, non-organic wastes, oil, and painted or treated
wood products.
19 13. "Person" includes any person, firm, association, organization, partnership, business
trust, joint venture, corporation, or company and includes the United States, the State of
California, the County of San Diego, the City of Carisbad, cities, districts, and any officer or
«. agency thereof.
14. "Pollutants" means and includes, but is not limited to, solid waste, sewage, garbage,
medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock,
sand, sediment, silt, industrial waste, and any organic or inorganic substance defined as a
23 pollutant under 40 C.F.R. 122.2 whose presence degrades the quality of the receiving
waters in violation of basin plan and California ocean plan standards such as fecal coliform,
fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease,
petroleum hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver,
25 nickel, zinc, cyanides, phenols, fertilizers, pesticides, herbicides and other biocides. A
pollutant also includes any contaminant which degrades the quality of the receiving waters
2g in violation of basin plan and California ocean plan standards by altering any of the following
parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD),
27 chemical oxygen demand (COD), nutrients, temperature, and other narrative standards of
the basin plan.
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1 15. "Recyclable materials" means those materials that are recyclable and/or reusable.
Recyclable materials include: newsprint (including inserts); mixed paper (including
2 magazines, catalogs, envelopes, junk mail, corrugated cardboard, Kraft brown bags and
paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass
3 containers; aluminum beverage containers; small scrap and cast aluminum (not exceeding
ten (10) pounds in weight nor two (2) feet in any dimension for any single item); steel
4 including "tin" cans and small scrap (not exceeding ten (10) pounds in weight nor two (2)
feet in any dimension for any single item); bimetal containers; mixed plastics including, but
5 not limited to, plastic containers (1-7), and bottles including containers made of HDPE.
LDPE, PET, or PVC; and aseptic containers. Polystyrene peanuts and film plastic, including
6 plastic bags are specifically excluded from collection and processing.
16. "Solid Waste" means all discarded putrescible and non-putrescible solid, semisolid, and
7 liquid wastes, including refuse, construction and demolition waste, bulky waste, recyclable
materials, and green waste, food waste, or any combination thereof which are permitted to
8 be disposed of in a Class III landfill, and which are included in the definition of "Non-
Hazardous Solid Waste" set forth in the California Code of Regulations. Solid Waste does
9 not include exempt waste.
17. "Roll-off box" means a metal container with a capacity of ten (10) or more cubic yards
10 that is normally loaded onto a motor vehicle.
18. "Solid waste facility" means a solid waste transfer or processing station, a composting
11 facility, a transformation facility, or a disposal facility as approved by the city.
19. "Solid Waste Service" means the collection, transport and disposal of solid waste and
12 recyclable materials, including green waste.
20. "Storm water" means surface runoff and drainage associated with storm events that
13 flows across a surface to the storm water conveyance system or receiving waters. For the
purposes of this chapter, storm water runoff and drainage from areas that are in a natural
14 state, have not been signiflcantly disturbed or altered, either directly or indirectiy, as a result
of human activity, and the character and type of pollutants naturally appearing in the runoff
16 have not been significantly altered, either directiy or indirectiy, as a result of human activity,
shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this
16 chapter.
21. "Storm water conveyance system" means private, natural and publicly owned facilities
1^ within the City of Carisbad by which storm water may be conveyed to receiving waters of the
United States, including any roads with drainage systems, streets, catch basins, curbs,
6 gutters, ditches, pipes, natural and man-made channels or storm drains.
B. Any term that is defined by Division 30 (Waste Management) of the California Public
Resources Code (commencing with Section 4000) that is used but not othenA/ise defined in this
chapter shall have the meaning established by the Public Resources Code, to the extent
meaning is not inconsistent with the context of the usage in this chapter and does not conflict
with the approved franchise.
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6.08.020 Required solid waste/recyclable materials/green waste handling.
23 A. Every person in possession, charge or control of any place or premises in the city in, upon,
or from which solid waste, recyclable materials, or green waste are created, produced or
accumulated shall:
1. Dispose of such solid waste through the regular solid waste service of the city or its
2g franchisee; and
2. First segregate from solid waste and dispose of recyclable materials and green waste in
2g recycling and green waste containers, as appropriate; and
3. Pay therefor the fee or fees hereinafter established.
27 B. The collection of solid waste shall occur at least once per week.
C. Exceptions.
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1 1. If the franchisee is unable to reasonably provide service to the premises, the property
owner shall make arrangements to dispose of his/her/its own solid waste, recyclable
2 materials, and green waste at a solid waste facility.
2. Nothing in this chapter limits the right of any person to donate, sell, or othenA/ise dispose
3 of his/her/its recyclable materials prior to placing said recyclable materials in recyclable
containers.
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6.08.030 Containers generally.
A. No person shall deposit, keep or accumulate any solid waste in or upon any public or
6 private premises unless enclosed in containers. Such containers shall be provided by the
franchisee. The containers will remain the property of the franchisee. Every person occupying or
7 having control of any such premises shall insure that a sufficient number of containers are
available to properiy store all solid waste generated at said premises.
8 B. No person shall deposit, keep or accumulate any recyclable materials in or upon any public
or private premises unless enclosed within a recyclable container.
9 C. Such containers shall be kept in the rear or on the side of the premises or in designated
enclosures, except as provided in Sections 6.08.080, or as approved by the director.
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No person shall allow grease or decomposing material to accumulate in the interior or on the
12 exterior of a solid waste container. No person shall allow water or other liquids to accumulate in
the bottom of a solid waste container in excess of a depth of one inch.
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6.08.040 Cleanliness of solid waste containers.
6.08.045 Cleanliness of solid waste container areas or enclosures.
No person shall allow pollutants or liquids to accumulate around or on solid waste enclosures or
16 around and/or under solid waste containers such that storm water will carry these pollutants or
liquids to the storm water conveyance system.
6.08.050 Solid waste containers to be kept covered.
No person shall permit a solid waste container to remain uncovered or open, or in such
16 condition that fties or vermin may obtain access thereto, except when necessary to place solid
waste therein or remove solid waste therefrom, and when the cover is removed therefrom for
such purposes it shall be immediately replaced.
6.08.060 Residential solid waste carts -Maximum weight.
21 Residential solid waste carts, when placed for collection, shall not be at a weight greater than
the cart manufacturer's recommended maximum weight.
6.08.070 Maximum residential coilection.
24 Solid waste, recyclable materials and green waste, when placed for collection, shall fit entirely
within the conflnes of the carts with lids securely shut. The franchisee shall not be obligated to
2g collect solid waste, recyclable materials or green waste that is placed outside of said carts.
Households requiring additional service shall arrange for special collection.
6.08.080 Placement of residential carts for collection.
1 Solid waste, recyclable materials and green waste carts from single-family residential units shall
be placed in the street with the wheels against the curb, or if no such curb exists, within the
2 gutter of the public street; in the event that the solid waste, recyclable materials and green
waste are to be collected from a public alley, the carts shall be placed within five feet of the
3 edge of the right-of-way of such alley. Carts shall be positioned with handles facing away from
the street or right-of-way. Carts must be placed at least two feet away from obstacles such as
4 trees, vehicles and mailboxes, one foot away from other carts, and clear from any overhead
obstructions such as tree limbs.
5 "
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6.08.090 Timing of placement of residential carts for collection.
Solid waste, recyclable materials and green waste carts must be placed for collection between
7 the hours of 6:00 p.m. on the day prior to collection and 6:00 a.m. of the day of collection. Carts
shall be removed no later than 12:00 a.m. ofthe day of collection.
6.08.100 Unlawful placement of solid waste.
No person shall deposit or place any solid waste anywhere other than in an approved solid
10 waste container under his or her control. Further, no person shall abandon, store, bury, and/or
burn solid waste on public or private premises, with or without the property owner's permission,
11 except at an authorized solid waste facility.
12 6.08.110 Unhindered access to containers.
13 It is unlawful for any person within the city to hinder access of the franchisee to the solid waste,
recyclable materials or green waste containers.
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6.08.120 Special collection service.
The franchisee shall provide for the collection of any solid waste, recyclable material or green
16 waste which requires special collection. If the special service is not identifled in the city's
contract with the franchisee, the franchisee shall provide the service at a rate mutually agreed
1^ upon by the customer and the franchisee. Customers shall contract the city's franchisee to
arrange for such services. 18
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24 6.08.150 Multiple tenant residential service.
6.08.130 Bulky Waste collection.
Bulky waste shall be discarded or recycled through special collection service.
6.08.140 Shared service allowed.
Multiple tenants within a single building or complex may be allowed to share bin service.
Customers utilizing carts shall not be allowed to share service, except at the sole discretion of
the director.
2g Multiple tenant residential complexes shall be allowed to utilize bin service or individual cart
service at the discretion of the owner or property manager. Multiple tenant residential
2g complexes utilizing individual cart service shall be charged the single-family fee per each unit.
27 6.08.160 Hauling solid waste.
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1 A. All solid waste, after collection, shall be removed and transported to a solid waste facility.
B. No person shall haul, carry or transport any solid waste through the city or along or over any
2 public street or public place in the city except in water-tight vehicles so that the contents thereof
are not offensive. Such vehicles shall be so loaded and operated that none of their contents falls
3 or spills therefrom, and every vehicle used for such purposes shall be kept in a clean and
sanitary condition.
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6.08.170 Unauthorized collection (scavenging).
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5 „
It is unlawful for any person, other than an employee of the franchisee or an employee of the
6 city to collect, remove, or dispose of solid waste (including recyclable materials) in the city;
provided, however, that nothing contained herein shall prevent the use of garbage disposal
7 devices as regulated by the city plumbing code.
8 6.08.180 Contracts.
9 The city may enter into a contract or contracts under such terms or conditions as may be agreed
upon and as may be seen fit by the city for the collection and disposal of solid waste, recyclable
10 materials and green waste within the city. No person shall engage in the business of providing
solid waste services, except as provided in Section 6.08.020(C), within the city without having a
11 valid solid waste services contract with the city.
12 6.08.190 Rate and fees for service.
13 The rates and fees to be paid for regular (excluding Section 6.08.120) solid waste services
rendered shall be those rates and fees as established from time to time by resolution of the City
14 Council.
16 6.08.200 Payment of fees.
16 It is unlawful for any person having solid waste collected and disposed of as herein provided, to
wilfully fail, neglect, or refuse after demand by the city, or its duly authorized agent or employee,
to pay the fees herein prescribed for services. The city and/or franchisee may seek payment for
delinquent accounts by any legal means available. In addition to all other remedies available by
law or established by this chapter, failure to pay after delinquency may result in suspension of
service.
6.08.210 Liability for payment.
2. The obligation to pay solid waste services fees is upon the legal owner or owners of the
property served. Nothing in this section, however, shall prevent an arrangement under which
22 payments for solid waste services are made by a tenant or tenants, or any agent, on behalf of
the owner, provided any such arrangement shall not affect the owner's obligation for payment of
such fees.
6.08.220 Enforcement.
25 The director shall be responsible for the enforcement of all provisions of this chapter. Failure to
comply with these regulations shall be an infraction. Nothing in these regulations shall prevent
2g the city's authorized agents or deputies from efforts to obtain compliance by way of warning,
notice of violation, educational means or other civil or administrative remedies available under
27 this code or other applicable law.
1 6.08.230 Savings clause.
2 All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this
chapter are repealed. The provisions of this chapter, insofar as they are substantially the same
3 as existing code provisions relating to the same subject matter shall be construed as
restatements and continuations thereof and not as new enactments. With respect, however, to
4 violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of the
ordinance codified in this chapter, under any chapter, ordinance, or part of an ordinance hereby
5 othenA/ise repealed, all provisions of such chapter, ordinance, or part of an ordinance shall be
deemed to remain in full force for the purpose of sustaining any proper suit, action, or other
6 proceedings, with respect to any such violation, right, liability or appeal.
7 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
8 and the city clerk shall certify the adoption of this ordinance and cause it to be published at least
9 once in a newspaper of general circulation in the City of Carisbad within fifteen days after its
10 adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
Council on the 8th day of May 2012. and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carisbad on the day of , 2012. by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL. City Attorney
MATT HALL. Mayor
ATTEST:
LORRAINE M. WOOD. City Clerk
Repeal and Amend theCarlsbad Municipal Code Regulating Solid WasteMay 8, 2012
Major Ordinance Revisions•Container Size/Weight Limitations •Hauler Provided Carts •Single Stream Recycling•Timing of Placement of Carts for Collection
Questions?3