HomeMy WebLinkAbout05.Q- Public Works 5.Q
ORDINANCE (ID # 4719) DOC ID: 4719
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Municipal Code
From: Chris Alanis M/CC Meeting Date: 11/07/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: Public Works Ward(s): All
Subject:
Ordinance of the Mayor and Common Council of the City of San Bernardino Amending
the San Bernardino Municipal Code, Title 8, Health and Safety, Article 24 Entitled
"Refuse and Solid Waste", Incorporating and Repealing Article 8.24.5 Entitled
"Construction and Demolition Waste Recycling Program" and Article 8.25, Entitled
"Scrap Tires." FINAL READING (#4678 and #4719)
Current Business Registration Certificate:
Financial Impact:
With adoption of the ordinance, the City will have the ability to lien a property for non-
payment of solid waste collection services which will result in receipt of solid waste
franchise payments from overdue accounts that would normally be forfeited due to non-
payment.
There are no financial impacts associated with the approval or oppostion of this
ordinance.
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Synopsis of Previous Council Action:
None
Background:
The City's existing Refuse and Solid Waste ordinance has been updated over the years,
however, the State of California has passed new laws that all cities must implement that
are not reflected in the current Municipal Code. In addition, the City has revised its
method of providing solid waste and recycling services to the community, which is also
not reflected in the current code.
A new ordinance has been drafted by R3 who has worked closely with City staff, Burrtec
and Management Partners to address the needed changes and to modernize the City's
ordinance. The new ordinance includes the rearrangement of sections along with a
number of minor wording changes. The revisions to the ordinance are as follows:
1. The title of the ordinance is more comprehensive and reads: Solid Waste Collection,
Removal, Disposal Processing and Recycling;
Updated: 11/3/2016 by Georgeann "Gigi" Hanna Packet Pg. 260
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2. Definitions of the various solid waste components have been updated to reflect the
State's definitions that are now common to the industry;
3. Legislation reflecting adoption and implementation requirements related to Assembly
Bill 341 (requiring multifamily/commercial recycling), Assembly Bill 1826 (requiring
multifamily/commercial organic recycling) and Assembly Bill 594 (eliminating credit
for landfill cover) have been incorporated.
4. The ordinance reflects that collection, processing and disposal services can be
provided by contract (which aligns with providing services through a contract with
Burrtec, Inc.); and
5. Changes in billing (charges are no longer added to the water bills) have been
included and past problems of non-collection of service have been addressed by
allowing delinquent account to be placed on the property tax roll to be collected with
annual property taxes. The Council will recall that the City experienced
approximately $308,000 in losses during the last five years in uncollectable
payments; this will assist in minimizing losses to Burrtec and losses to the City (for
franchise payments) for owners and tenants who haven't paid for the services
received.
City Attorney Review:
Supporting Documents:
Solid waste Ordinance (DOC)
San Bernardino Solid Waste Ordinance 8.24- Exhibit A (DOCX)
Updated: 11/3/2016 by Georgeann "Gigi" Hanna Packet Pg.261
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ORDINANCE NO.
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN
3 BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE, TITLE 8,
HEALTH AND SAFETY, ARTICLE 24, ENTITLED "REFUSE AND SOLID WASTE", N
4 INCORPORATING AND REPEALING ARTICLE 8.24.5, ENTITLED "'
"CONSTRUCTION AND DEMOLITION WASTE RECYCLING PROGRAM" AND
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5 ARTICLE 8.25,ENTITLED "SCRAP TIRES"
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WHEREAS, the Common Council of the City of San Bernardino("City") finds that the State of
7 California through its California Waste Management Act of 1989 (AB 939) and Alternative
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s Compliance Act of 2008 (SB 1016) requires each local jurisdiction in the state divert 50% of
discarded materials from landfill Garbage disposal on a per capita basis; and m
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WHEREAS, the Mayor and Common Council finds that every city and county in California, o
10 including the City, could face fines up to $10,000 a day for not meeting the above mandated goal;
and v
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12 WHEREAS, the Mayor and Common Council finds that the State of California through its o
California Global Warming Solutions Act of 2006 (AB 32) requires commercial generators a)
13 statewide participate in recycling programs; and
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14 WHEREAS,the Mayor and Common Council finds that the State of California through the 2011 p
15 passage of AB 341 adopted a goal that 75% of Solid Waste generated statewide be diverted from o
landfill by the year 2020. Furthermore, AB 341 requires that each commercial Solid Waste
16 generator, including multi-family dwellings of five or more units, provide for recycling Ea
programs, and each city or county implement recycling programs for commercial Solid Waste
17 generators, including multi-family dwellings of five or more units; and Q
18 WHEREAS,the Mayor and Common Council finds that the State of California through the 2014
19 passage of AB 1826 adopted requirements for each commercial Solid Waste generator, including
multi-family dwellings of five or more units, to provide for Organic Waste recycling programs,
20 and for each city or county to implement Organic Waste recycling programs for commercial c
21 Solid Waste generators, including multi-family dwellings of five or more units by April 1, 2016; o
and
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WHEREAS,the Mayor and Common Council finds that the State of California through the 2014 �
23 passage of AB 1594 disallows cities and counties from receiving landfill diversion credit from 72
24 Organic Waste being used as alternative daily cover effective January 1, 2020; and
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25 WHEREAS, the City continues to make progress in maintaining the disposal reduction E
requirements of AB 939, but additional efforts, particularly in the recycling of Recyclable U
26 Materials and Organic Waste generated by businesses and multi-family dwellings, will assist the Q
27 City in maintaining and exceeding the goal of diverting waste from landfill disposal. The City
desires to implement a program to require the diversion of materials from landfill and
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1 transformation facilities, to ensure that resources are used to their highest potential, and to reduce
upstream waste and reduce the City's ecological footprint; and
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3 WHEREAS, the Mayor and Common Council finds that Organic Waste that is buried in the
anaerobic conditions of landfills creates methane gas and leachate that may impact air and water N
4 quality. Reductions or capture of methane are critical as methane gas from the decomposition of 00
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waste is a source of renewable energy, but if not collected and controlled is at least twenty-one
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5 (21)times as potent as carbon dioxide in contributing to climate change; and
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6 WHEREAS,the Mayor and Common Council finds that reductions in greenhouse gas emissions
7 from Solid Waste management can be realized by recovering Recyclable Materials and Organic
Waste from the waste stream; and
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9 WHEREAS, the Mayor and Common Council finds that efforts by the City and the private m
sector to encourage voluntary diversion of commercial and special event Recyclable Materials N
10 have not fully achieved desired levels of diversion; and
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11 WHEREAS, the Mayor and Common Council finds that mandatory commercial recycling and
Organic Waste programs in other cities and counties in California, similar to the one
12 implemented by this Chapter 8.24,have proven successful; and
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WHEREAS, on January 25, 2016, the City of San Bernardino entered into an exclusive
14 franchise agreement with Burrtec, entitled "City of San Bernardino Exclusive Franchise o
Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with o
15 Burrtec Waste Industries, Inc." for the collection of Solid Waste, Organic Waste and Recyclable
16 Materials; and E
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17 WHEREAS, the services required by this Ordinance will be provided by Burrtec and are E
available to all San Bernardino residential and commercial Solid Waste generators; and Q
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19 WHEREAS, this Ordinance is intended to promulgate rules and regulations to implement the v
requirements of the franchise agreement, the State requirements of AB 939, SB 1016,AB 32, AB
20 341,AB 1826,AB 1594, and other State mandates; and
21 WHEREAS, the Mayor and Common Council finds that adoption of this Ordinance is exempt o
from review under the California Environmental Quality Act (CEQA) as an action taken by a C'
22 regulatory agency to protect the environment(CEQA Guidelines Section 15308).
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NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON
25 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Q
27 Ordinance.
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1 SECTION 2. The amended San Bernardino Municipal Code, Title 8, Health and Safety, Article
24, Entitled"Refuse and Solid Waste", attached to this Ordinance as Exhibit"A", incorporating
2 and repealing Article 8.24.5, Entitled"Construction and Demolition Waste Recycling Program"
3 and Article 8.25, Entitled"Scrap Tires", is approved.
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4 SECTION 3. If any section, subsection, sentence, clause or phrase of this amended code is for 00
any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
5 remaining portions of this code. s
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SECTION 4. The amended code shall be published as provided in Government Code section
7 36933. �a
8 SECTION 5. The amended code shall be effective upon the commencement of the thirty-first m
9 day following the adoption date.
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1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN
BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE, TITLE 8,
2 HEALTH AND SAFETY, ARTICLE 24, ENTITLED "REFUSE AND SOLID WASTE",
3 INCORPORATING AND REPEALING ARTICLE 8.24.59 ENTITLED
"CONSTRUCTION AND DEMOLITION WASTE RECYCLING PROGRAM" AND N
4 ARTICLE 8.25,ENTITLED "SCRAP TIRES" f
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof, held on the
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8 day of , 2016,by the following vote, to wit: _m
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9 Council Members: AYES NAYS ABSTAIN ABSENT in
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MARQUEZ
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BARRIOS r
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13 VALDIVIA
14 SHORETT `
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RICHARD =
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18 MULVIHILL
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Georgeann Hanna, City Clerk
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21 The foregoing Resolution is hereby approved this day of , 2016.
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23 R. Carey Davis,Mayor
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24 City of San Bernardino N
Approved as to form: C
25 Gary D. Saenz, City Attorney s
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By:
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San Bernardino Municipal Code Update October 17, 2016 Page 1 of 23
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Chapter 8.24
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Solid Waste Collection, Removal, Disposal, Processing and Recycling '
Sections:
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8.24.010 Definitions
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8.24.020 Authority of City Manager to make rules and regulations c=a
j 8.24.030 Applicability I
R' 8.24.040 General Provisions
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8.24.050 Failure to Pay t
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8.24.060 Storage and Ownership c
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8.24.070 Nuisance
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8.24.080 Scrap Tires U
8.24.090 Mandatory Commercial& Multi-Family Recycling and Organic Recycling o
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8.24.100 Construction and Demolition Debris Recycling Program
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8.24.110 Containers
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8.24.120 Illegal Dumping Q
8.24.130 Enforcement a;
8.24.140 Forms, Regulations and Guidelines Iq
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8.24.010 Definitions.
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For the purposes of this Chapter, unless otherwise apparent from the context,certain words and
phrases used in this Chapter are defined as follows.
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A. "ADC" or"Alternative Daily Cover" means cover material used to cover compacted Solid Waste
in a disposal site, other than at least six(6) inches of earthen material, placed on the surface of
the active face of the Solid Waste fill area at the end of each operating day to control vectors, a
fires, odors, blowing litter, and scavenging, as defined in Section 20164 of the California Code of o
Regulations as may be amended from time to time. y
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B. "Applicant" means any individual,firm, Limited Liability Company, association partnership,
p olitical subdivision,government agency, municipality, industry public or private corporation,or
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any other entity whatsoever who applies, or is required to apply,to the City for permit(s)to co
undertake a construction,demolition,or renovation project within the city. °c
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C. "Bin"or"Bins" means those 2, 3,4,and 6 cubic yard containers provided by franchised hauler
for the collection of Solid Waste. `m
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D. "Bulky waste" means large and small household appliances,furniture,carpets, mattresses,
white goods, brown goods, clothing, automobile tires, and oversized yard waste such as tree m
trunks and large branches if no larger than two feet in diameter and four feet in length and
similar large items,or any other solid waste item requiring special handling, discarded by E
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San Bernardino Municipal Code Update October 17, 2016 Page 2 of 23
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residential customers. Bulky waste is a form of Solid Waste when discarded by the generator a
into the waste stream.The term "Bulky waste" does not include consumer electronics, such as U
televisions, radios, computers, monitors,and the like,which are regarded as universal waste
electronic devices,the disposal of which is governed by regulation of the Department of Toxic
Substances Control.
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E. "Byproducts" means and includes:
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1. All materials produced, developed or generated incidental to the operation of any
business,which is not the principal object of production of such business, but which m
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material, due to its nature, can be sold by the producer thereof at a price greater than 0
the cost of hauling such material to the point of delivery or sale; v
2. All material which, due to its nature, can be sold by the producer thereof, at the point of
production,for valuable consideration; and o
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3. All such material as the City Manager designates as byproducts. c
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F. "City' means the City of San Bernardino.
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G. "City Manager" means the City Manager of the City of San Bernardino, or his/her designee, O
including City employees or entities hired by the City to implement the requirements of this °
Ordinance.
H. "City Project Construction & Demolition (C&D)Waste Policy" means the City's standards for =
recycling C&D Waste from landfills for City Contracted projects, set forth in a resolution of the E
Mayor and Common Council. a
I. "Commercial" means premises in the City, other than residential and City premises,where Solid
Waste is generated or accumulated.The term "Commercial"" includes, but is not limited to, �-
stores;offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing, Q
processing,or assembly shops or plants; hospitals, clinics, convalescent centers and nursing Q
homes (non-medical waste). w
J. "Commercial facility" means all retail, professional, office, wholesale and industrial facilities, and N
other commercial enterprises offering goods or services and multi-family dwelling units located o6
within the boundaries of the City.
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K. "Commercial generator" means a commercial facility or business which generates Garbage,
Organic Waste or Recyclable Materials as a result of its business, commercial facility or property E
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activity. Commercial generator also means any multi-family residential property of four(4) or a;
more units and multi-family residential properties under four(4) units that share Solid Waste
collection services. Commercial generator may also include tenants, property managers for
facilities with leased space,employees and contractors of commercial generator.Commercial o
generator also includes the City, its facilities, and its non-residential properties. y
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L. "Construction" means the act of assembly, erection, demolition, addition, alteration or remodel,
and similar and related activities, of any facility, structure, improvement, or any portion thereof
or appurtenance thereto. m
M. "Construction contractor" means any state licensed construction contractor performing
construction at a job site. Construction contractor includes the general contractor and any m
subcontractors at the site.A person or company employed,whether for a fee or otherwise,to
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haul Recyclable Materials and C&D Waste generated by a Construction contractor is not a
Construction contractor for purposes of this chapter. v
N. "Construction and demolition debris" or"C&D Waste" or"C&D" means commonly used or o
discarded materials removed from construction, remodeling, repair, demolition, or renovation =
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operations on any pavement, house,commercial building, or other structure,or from
landscaping.Such materials include, but are not limited to, Byproducts, dirt, sand, rock, gravel, P
bricks, plaster,gypsum wallboard, aluminum,glass, asphalt material, plastics, roofing material, 00
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cardboard, carpeting, cinder blocks, concrete, copper, electrical wire,fiberglass,formica,
granite, iron, lead, linoleum, marble, plaster, plant debris, pressboard, porcelain, steel, stucco, —
tile,vinyl,wood, masonry, rocks,trees, remnants of new materials, including paper, plastic,
carpet scraps,wood scraps, scrap metal, building materials, packaging and rubble resulting from U
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construction, remodeling, renovation, repair and demolition operations on pavement, houses, �
commercial buildings and other structures. Construction and demolition debris does not include o
exempt waste. C
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O. "Construction and Demolition (C&D) Diversion Requirement" means the minimum percentage
of C&D for each Project to be diverted from landfills,as set forth in a resolution of the Mayor 0
and Common Council o
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P. "Construction and Demolition (C&D) Waste Recycling and Disposal Report Summary" means a E
form submitted by the applicant or any Covered Project after completion of a Project. The c
documentation shall include actual data of tonnage of materials recycled and diverted, m
supported by originals or certified photocopies of receipts and weight tags or other records of Q
measurement from recycling companies, contractors and/or landfill and disposal companies. a;
"County Health Officer" means the San Bernardino County Health Department's designee who
serves to advise and lead a team of professionals on matters of public health importance. q
R. "Covered Project" means any Project that meets or exceeds the Covered Project threshold set �2
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forth by resolution of the Mayor and Common Council. x
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S. "Container" means any heavy plastic or galvanized metal box, can, cart, barrel, bin, hopper, roll- N
off, compactor or similar type container used for the accumulation of Garbage, Recyclable
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Materials, Organic Waste, or C&D.
T. "Customer" means the owner and/or occupant of any property within the City that is required ,tea
r4: to participate in the City's Solid Waste collection programs. 0
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U. "Demolition" means the decimating, razing, ruining,tearing down or wrecking of any facility,
structure, pavement or building,whether in whole or in part,whether interior or exterior.
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V. "Divert" or"Diversion" means a reduction of the amount of waste being disposed in landfills by N
any of the following methods. c
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1. On-site re-use of the materials/waste. E
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2. Delivery of the waste from the site to a Recycling Facility.
3. Other methods as approved by the City Manager.
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San Bernardino Municipal Code Update October 17, 2016 Page 4 of 23
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W. "Dump" means to throw or deposit litter and other solid waste items in or upon any street, Q
sidewalk or other place within the City, except the placement of litter and other solid waste v
items in proper containers for collection.
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X. "Enforcement Officer" means any individual appointed by City Manager of the City of San
Bernardino,or his/her designee,who has authority to issue criminal or administrative citations
pursuant to Chapters 9.90, 9.92 and 9.93.
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Y. "E-waste" means any electronic product nearing the end of its useful life and includes, but is not in
limited to computers and their components,televisions,VCRs, stereos, copiers, and fax o
machines.
Z. "Exempt waste" means hazardous waste, sludge, automobiles, automobile parts, boats, boat
parts, boat trailers, internal combustion engines, and those wastes under the control of the
Nuclear Regulatory Commission. °
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AA. "Food waste" means food scraps and trimmings from food preparation, including but not limited R
to: meat,fish and dairy waste,fruit and vegetable waste, grain waste, incidental food packaging
and incidental food soiled paper products. p
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BB. "Franchised hauler" means a hauler holding a franchise, contract, license or permit issued by the °
City which authorizes the exclusive or non-exclusive right to provide Solid Waste handling E
services within all or part of the jurisdictional boundaries of the City. a
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CC. "Garbage" means all Solid Waste that is not otherwise Recyclable Material or Organic Waste and
to normal activities of a solid waste generator.Garbage must be generated by and at the
premises wherein the Garbage is collected. Garbage does not include Recyclable Materials, r'
.y Organic Waste,construction and demolition debris, bulky waste, E-waste, universal waste,
hazardous waste, household hazardous waste or exempt waste. Q
DD."Generator" means any commercial generator or residential generator of Solid Waste. Q
EE. "Hazardous waste" means any material which is defined as a hazardous waste under California w
or United States law or any regulations promulgated pursuant to such law, as such as local, state N
or federal law or regulations may be amended from time to time. co
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FF. "Hearing Officer" shall mean any individual appointed by the City Manager of the City of San
Bernardino, or his/her designee,to hear the appeal on a determination of a nuisance.
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GG. "Household hazardous waste" means dry cell household batteries, cell phones and PDAs; used o
motor oil; used oil filters when contained in a sealed plastic bag; cooking oil; compact y
fluorescent light bulbs contained in a sealed plastic bag; E-Waste; cleaning products, pesticides, f°
herbicides, insecticides, painting supplies, automotive products, solvents, strips,and adhesives; o
auto batteries; and universal waste. 0
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HH."Job Site" means a location at which Solid Waste and C&D Waste are generated by a °c
Construction contractor.
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II. "Occupant" means and includes every owner of and every tenant or person who is in possession
of, is the inhabitant of,or has care and control of, a residence or commercial building. For the 00
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purpose of this definition,a residence or commercial building shall be presumed to be inhabited
if gas, electric,telephone and water utility service is being furnished thereto. c
JJ. "Occupied premises" are occupied when a person or persons take or hold possession of the t
premises for permanent or temporary use. For the purposes of determining whether a premise
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San Bernardino Municipal Code Update October 17, 2016 Page 5 of 23
is occupied during periods when Solid Waste collection service is made available to such a.
- premises, occupancy shall be presumed unless evidence is presented that electric services were .cc
not being provided to the premises during such periods. V
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KK. "Organic Waste" means Organic Waste and food waste. Organic Waste is a form of Solid Waste
when discarded into the waste stream. Organic Waste includes, but is not limited to the
following:
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1. Plant material (branches,grass clippings, natural Christmas trees, palm fronds, leaves,
shrubbery,tree trimmings,weeds); co
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2. Wood (non-toxic wood products without paint and foreign objects of appropriate size
for the container); v
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3. Food waste (cooked and uncooked food matter, incidental food packaging and
incidental food soiled paper products for commercial customers); and 0
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4. Byproducts.
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LL. "Person" includes any natural person, individual,firm, Limited Liability Company, partnership,
public or Private Corporation or association or any other entity whatsoever. 0
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MM. "Project" means any activity that requires an application for a building or demolition permit
from the City. E
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NN."Residence" or"Residential" means any and all dwelling units, as defined in the Land Use Zoning
Ordinance of the City of San Bernardino, and other buildings used for residential or dwelling E
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purposes.
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00. "Residential generator" means an owner,tenant or resident of any residential property which
generates Garbage, Organic Waste or Recyclable Materials as a result of occupancy or property a
activity, including all generators not otherwise meeting the definition of commercial generator.
PP. "Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting w
divertible Solid Waste and returning them for use or reuse in the form of raw materials for new,
used or reconstituted products which meet the quality standard necessary to be used in the N
market place. Recycling does not include transformation as defined in Public Resources Code
§40201. _
QQ."Recyclable C&D" means all C&D Waste that is used within any of the following categories: =a
1. Masonry building materials including but not limited to, asphalt,concrete, rock,stone,
and brick.
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2. Wood materials including any and all dimensional lumber,fencing, or construction wood
that is not chemically treated, creosoted,CCA pressure treated, contaminated,or
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painted. 0
3. Vegetable materials including trees,tree parts, shrubs, stumps, logs, brush,or any other 0=
type of plants that are cleared from a site as part of the Project.
4. Metals including all metal scrap such as, but not limited to, pipes, siding,window =
frames, door frames, and fences. m
5. Roofing materials including wood shingles as well as asphalt, stone, and slate based
roofing material. N
6. Salvageable materials includes all salvageable materials and structures including, but
not limited to wallboard, doors,windows,fixtures,toilets, sinks, bath tubs, and t
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San Bernardino Municipal Code Update October 17, 2016 Page 6 of 23
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appliances. Q.
7. Any other C&D Waste that is non-hazardous and available for Recycling or reuse. v
RR. "Recyclable Materials" are a part of the waste stream that can be reused or processed into a o
form suitable for reuse through reprocessing or remanufacture, consistent with the
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requirements of AB 939. Recyclable Materials includes, but is not limited to the following:
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1. Plastics (all numbered plastics); m
2. Metals(aluminum cans, aluminum foil, empty aerosol cans, pie tins,tin cans);
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3. Fiber materials(cardboard, cereal boxes, envelopes,file folders,frozen food boxes,junk o
mail, magazines, mixed paper, office paper, newspaper,telephone books,white paper); v
4. Glass (all colors of glass jars and bottles, except light bulbs, mirror and window glass); CD
and o
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5. Byproducts.
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SS. "Recycling Facility" means a recycling, composting, materials recovery, or reuse facility that has
obtained all applicable federal, state,and local licensing, certification,and permitting and that is 0
operating in full compliance with all applicable regulations.The City Manager shall maintain a —
list of approved facilities for reference by the Applicant.The Applicant may use an unlisted
facility of their choice if the Applicant, prior to beginning a Project, provides documentation E
demonstrating that the unlisted facility qualifies as a Recycling Facility under this definition. _
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TT. "Renovation" means any change, addition,or modification in an existing structure. Q
UU. "Responsible party" means the individual or entity responsible for the generator's management
of Solid Waste at the generator's commercial facility, business, or nonresidential property.
VV. "Roll-off" means a metal container that is normally loaded onto a motor vehicle and transported 4
to an appropriate facility.
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WW. "Salvage" means the controlled removal of C&D Waste from a Project site for the W
purpose of recycling, reuse or storage for later recycling or reuse. N
XX. "Security Deposit" means the cash or cash equivalent deposit required as security for all
Covered Projects.The amount of the Security Deposit shall be set forth in a resolution of the
Mayor and Common Council. 5
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R YY. "Self-haul" means when a responsible party collects Recyclable Materials and/or Organic Waste O
materials at their place of business for the purpose of hauling those materials in their own
vehicles to a permitted recycling or Organic Waste processing facility in compliance with the f°
requirements of this Ordinance. a
ZZ. "Seller" means any person, business, corporation, partnership or any other business entity that con
engages in the sale and/or exchange of new and/or used tires as a regular part of their business, °c
including but not limited to wholesale and retail tire dealers, automotive service centers,
automotive repair centers, new and used automotive dealers, new and used automotive parts
vendors and automotive dismantlers. m a
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AAA. "Sharps" means needles,scalpels, blades, broken medical glass, broken capillary tubes, and ends M
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of dental wires.
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BBB."Sludge" means the accumulated solids, residues, and precipitates generated as a result of waste E
treatment or processing, including wastewater treatment, water supply treatment, or operation 0
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of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease a
traps, privies, or similar disposal appurtenances or any other such waste having similar V
characteristics or effects.
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CCC. "Special Services" means any Solid Waste or Solid Waste related services that are not provided
in the City's normal course of Solid Waste related services including but not limited to pick-up c
service for bulky waste, container repair, container exchange and/or replacement, roll-out
service and additional unscheduled collection. 0a
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DDD. "Solid Waste" means and includes any materials defined as Solid Waste by Section 40191 of the Cn
4-
California Public Resources Code, and specifically includes, without limitation, C&D Waste, 0
Recyclable Materials, Organic Waste, bulky waste, byproducts, and all other non-hazardous v
materials,excluding universal waste,that are discarded into the waste stream by the generator, _
or collected in exchange for a fee or any other consideration, regardless of form or amount.
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EEE. "Solid Waste collection services" means the collection,transportation, processing, recycling,
composting, conversion, retention and disposal of all Garbage, Organic Waste, (including
commercial Organic Waste,food waste, and Organic Waste), Recyclable Materials, construction
and demolition debris, bulky waste, household hazardous waste,and universal waste, produced, 0
generated and/or accumulated within the City. o
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FFF. "Tenant" means any person or persons, other than the owner, occupying or in possession of a m
E
premises. _
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GGG. "Universal waste" means and includes, but is not limited to, Universal Waste Electronic Devices" E
or"UWEDs," (i.e., electronic devices subject to the regulation of the Department of Toxic
Substances Control, 23 CCR§§66273.1, et seq.), and other universal wastes, including, but not r'
limited to non-empty aerosol cans,fluorescent tubes, high intensity discharge lamps, sodium
vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries ¢
(rechargeable nickel-cadmium batteries,silver button batteries, mercury batteries,small sealed
lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc x
batteries and any other batteries which exhibit the characteristic of a hazardous waste), W
mercury thermometers, mercury-containing switches. N
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8.24.020 Authority of City Manager to make rules and regulations. m
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The City Manager shall have the authority to make reasonable rules and regulations concerning
the storage, collection,transportation and disposal of Solid Waste by persons as he or she shall
find necessary and to place additional limitations not specifically addressed herein on types and 0
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quantities of waste which may be placed in containers when the City Manager determines that
such rules and regulations are necessary to protect the health and safety of the general public or ?r
City employees,or to comply with State or Federal law or regulations. °
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8.24.030 Applicability. Cn
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The chapter shall apply to all users of the City's Solid Waste services within the City and to users =a
outside the City who are by permit, contract, or agreement with the City, users of the City's c
Solid Waste collection services or are conducting business or activities within the City which fall m
under the provisions of this chapter.
8.24.040 General Provisions. N
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A. Provision of Solid Waste Services. E
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1. Solid Waste related activities within the City shall be performed under the direction of the a.
City Manager, and for such purposes,the City may use City personnel, enter into contract U
agreements with private hauling firms, or approve franchise agreements to perform such
activities. Solid waste enterprises operating pursuant to such a contract or franchise 0
agreement shall meet the terms, rates, standards and services specified in the contract or
franchise agreement. However,the City Manager may authorize any person to collect, E
remove, and disperse Garbage, Recyclable Materials and Organic Waste under such terms, m
conditions, and limitations deemed necessary in the interests of the public health, safety, _
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and welfare. Cn
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2. No person, Solid Waste enterprise or the agents, servants or employees thereof, shall
provide Solid Waste collection services within the City without approval,which shall be v
issued only on a vote of the Common Council.All recycling, Organic Waste and Garbage
collections shall be made as quietly as possible, and the City Manager may fix and determine o
the hours for collection. v
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3. Except as expressly called out in the franchise agreement,the franchised hauler is granted c
the exclusive franchise, duty, right and privilege to collect,transfer,transport, recycle, -a
process, and dispose of Garbage, Organic Waste and Recyclable Materials generated within o
the boundaries of City subject to the terms and conditions set forth in the franchise =
agreement.
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B. Subscription Required.
The property owner or tenant of each occupied premises shall have at least the minimum level Q
of Solid Waste collection service made available to that premises by the franchised hauler, as a;
specified in the franchise agreement between the City and the franchised hauler.At its
discretion,the City may require a higher level of Solid Waste collection service if the current
level of service is deemed insufficient.The charges for Solid Waste collection service rendered a
or made available shall be paid for all periods of time during which the premises are occupied,
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regardless of whether or not the owner or tenant has any Solid Waste to be collected on any w
particular collection date during such occupancy. Nothing in this Chapter is intended to prevent
an arrangement, or the continuance of an arrangement, under which payments for Solid Waste
collection service are made by a tenant or tenants, or any agent or other person, on behalf of
the owner. However, any such arrangement will not affect the property owner's obligation to
pay for Solid Waste collection service as provided herein.
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C. Commencement of Solid Waste Collection Service.
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The property owner or tenant shall commence Solid Waste collection service within seven (7)
days after occupancy of a premises, or portion thereof. In the event service is not initiated
within such period of time,the City Manager may give written notice to the owner or tenant o
that Solid Waste collection service is required. If service is not initiated by the property owner or o
tenant within seven (7) days after the date of mailing the notice,the City Manager shall
authorize the franchised hauler to begin and continue providing the minimum level of Solid
Waste collection service to such premises and the service shall be deemed to have been made
available as of the date of such authorization.
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D. Charge for Solid Waste Collection Service. U)
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Any and all charges for Solid Waste collection service shall be set forth in the franchise a
agreement, contract or the Collection Service Agreement between the City and its franchised v
hauler.
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E. Special Services.
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Customers requiring special services shall contact the franchised hauler to arrange for such L
service. Charges for such special services shall be set forth in the franchise agreement.
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F. Exemption from Service.
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Any customer may make an application for exemption from Solid Waste collection services on o
the basis that a developed property is unoccupied, and that no Garbage, Organic Waste or
Recyclable Materials shall be placed or offered for collection by the City or its authorized d
franchised hauler,from such property.The City Manager may temporarily exempt such property
from participation in the City's Solid Waste collection program for the limited period while the 0
as
property is unoccupied; provided,that any such statement or representation shall be made in =
affidavit form,fully sworn to by the person making such statement or representation and filed =
with the City Manager.An exemption shall be valid only for the time that the statements made o
in the affidavit continue to be true.Any violation of provisions of the exemption shall result in ,-
termination of the exemption and shall require the customer to subscribe to the Solid Waste
collection services in accordance with this chapter. m
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G. City Manager May Restrict Self-Haul.
Nothing in this Chapter is intended to prevent residents, that subscribe and pay for Solid Waste Q
collection services with the franchised hauler, from self-hauling Garbage, Recyclable Materials a;
or Organic Waste to permitted Solid Waste facilities, and other Solid Wastes (excluding Garbage,
Recyclable Materials and Organic Waste) in excess of their normal subscription level to facilities
that accept and responsibly process those materials, as may be necessary from time-to-time. a
However, the City Manager may restrict or prohibit self-hauling by individual generators if the
City Manager determines, after providing notice and an opportunity for a hearing, that the w
generator's self-hauling activities violate the provisions of this Chapter or any other applicable d
law or regulation. C4
H. Organics Prohibited from Use as Alternative Daily Cover.
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Pursuant to the provisions of Assembly Bill 1594(AB 1594)the franchised hauler, and any
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generators who self-haul Organic Waste, may not direct their Organic Waste for use as ADC. If O
the City Manager determines that the franchised hauler or any other generator has directed any
Organic Waste for use as ADC,the City Manager will notify the franchised hauler or generator of
the requirements of this provision. Repeated instances of directing Organic Waste for use as
ADC may result in enforcement action as per 8.24.130. p
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8.24.050 Failure to Pay. 0
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A. Failure to Pay for Solid Waste Collection Service. M
The franchised hauler shall be entitled to payment from the property owner,tenant or any m
other subscribing person on behalf of the property owner for any services rendered or to be
rendered. Solid waste collection service shall not be discontinued for residential customers by N
reason of any failure to pay the charges for such service.The franchised hauler may temporarily
suspend services if a commercial customer has been delinquent in payment for a period of at
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least forty-five (45)days in accordance with the terms of the franchise agreement.
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B. Notification of Delinquency. Q
1. Customers(owners or tenants)who have not remitted required payment within forty-five v
(45) days after the date of billing shall be notified by the franchised hauler on forms that o
contain a statement that if payment is not received within fifteen (15) days from the date of
the notice,the delinquent and unpaid charges, including a 10% penalty and 1.5% monthly
interest, may be placed on the San Bernardino County annual secured property tax rolls and
that any amount owing would then become a lien on the property. Contractor shall provide m
such notice to customers as is required under Proposition 218 to include notification via U.S.
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Mail to the current billing address on file. o
2. All notices pursuant to this division shall be made to the property owner, if the property v
owner is the subscriber, or else to the property owner and tenant or any other subscribing =
person on behalf of the property owner.The form of delinquency notice shall be approved
by the City Manager. Q
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C. Assignment of Delinquent Account. CU
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In the event the bill for Solid Waste collection service together with any late charge thereon is o
not paid in full within thirty(30) days after the date of mailing the notice of delinquency to the ,-
property owner and tenant pursuant to Chapter 8.24.050(B),the franchised hauler may assign
such bill to the City for collection through the initiation of lien and special assessment a)
proceedings.The assignment shall include the name and address of the property owner and
tenant,the assessor's parcel number of the premises,the period of Solid Waste collection +�
service covered by the bill,the amount owed for such service,the amount of any late charge d
and such other information as requested by the City Manager,together with a copy of the a;
notices of delinquency mailed or otherwise delivered to the property owner and tenant with
proof of service.
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D. Initiation of Special Assessment and Lien.
Upon the City's receipt of the assignment from the franchised hauler,the City Manager shall w
prepare a report of delinquency and initiate proceedings to create a special assessment and lien
on the premises to which the Solid Waste collection service was provided.The City Manager
shall fix a time, date and place for an administrative hearing by the City Manager to consider any 0)
objections or protests to his or her report.
E. Notice of Administrative Hearing on Special Assessment and Lien.
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The City Manager shall send written notice of the administrative hearing to the property owner W
and tenant of the premises against which the special assessment and lien will be imposed at
least ten (10) days prior to the hearing date.The notice shall be mailed to each person to whom
such premises is assessed in the latest equalized assessment roll available on the date the notice o
is mailed, at the address shown on said assessment roll or as known to the City Manager.A copy 0)
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of the notice shall also be mailed to the franchised hauler. Said notice shall set forth the amount S
of delinquent Solid Waste collection service charges,the amount of any late charge thereon,
and shall inform the recipient of the possible levy of a special assessment and lien on the
premises and administrative charges as provided in this division. Said notice shall also inform the m
property owner and tenant of the time, date and place of the administrative hearing and the
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subsequent public hearing to be conducted by the Common Council, and advise the property
owner and tenant of his or her right to appear at both the administrative hearing and the public a)
hearing to state his or her objections to the report or the proposed special assessment and lien. E
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F. Administrative Hearing on Special Assessment and Lien. a
At the time and place fixed for the administrative hearing,the City Manager shall hear and
consider any objections or protests to his or her report.The City Manager may correct or modify o
the report as he or she deems appropriate, based upon the evidence presented at the hearing,
and shall notify the affected persons of his or her decision.The City Manager shall thereupon
submit a final report to the Common Council for confirmation and shall furnish a copy of such
final report to all the persons to whom notice was sent pursuant to this division.
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G. Public Hearing on Special Assessment and Lien.
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The Common Council shall conduct a public hearing to consider the City Manager's final report Y
at the time and place set forth in notice described in Chapter 8.24.050(E).At such hearing, any cv
interested person shall be afforded the opportunity to appear and present evidence as to why
the final report, or any portion thereof,should not be confirmed.The Common Council's review o
shall be limited to the administrative record and evidence presented at the City Manager's (D
administrative hearing.The Common Council may adopt, revise, reduce or modify any charge
shown in the final report or overrule any or all objections as it deems appropriate, based upon
the evidence presented at the hearing. If the Common Council is satisfied with the final report 0
as rendered or modified,the Common Council shall confirm such final report by resolution.The o
decision by the Common Council on the final report and any objections or protests thereto,shall
_ be final and conclusive. Ea
H. Recording of Lien.
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Upon confirmation by the Common Council of the final report,the City Manager shall cause to
be recorded in the office of the recorder for San Bernardino, a lien against each premises
described in the final report for the amount of delinquent Solid Waste collection service charges
and late charges as confirmed by the Common Council by resolution.The lien shall also include a
such additional administrative charges as established by resolution of the Common Council.All
persons to whom notice was sent pursuant to this division shall be notified by the City Manager x
that the delinquent Solid Waste collection service charges, late charges and administrative W
charges are due and payable to the City and that said lien has been recorded. N
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I. Levy of Special Assessment. a)
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Upon confirmation by the Common Council of the City Manager's final report, as rendered or c
modified,the delinquent Solid Waste collection service charges, late charges and administrative
charges contained therein shall constitute a special assessment levied upon the premises O
against which such charges have been imposed.The City Manager shall file a copy of the final
report,together with a certified copy of the resolution by the Common Council confirming the
same,with the tax collector for San Bernardino County with instructions to enter the delinquent
Solid Waste collection service charges, late charges and administrative charges as special CO
assessments against the respective premises described in the City Manager's lien report.The tax 0
collector shall include such special assessment on the next regular bill for secured property taxes =a
sent to the property owner.
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J. Collection of Special Assessment. m
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The special assessment shall be collected at the same time in the same manner and frequency (n
and by the same persons as ordinary municipal taxes,and shall be subject to the same interest
and penalties and the same procedure of sale as provided for delinquent ordinary municipal E
taxes.The special assessment shall be subordinate to all existing special assessment liens U
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previously imposed upon the premises and paramount to all other liens except those for state,
county and municipal taxes, with which it shall be upon parity. Each special assessment shall v
continue until all of the delinquent Solid Waste collection service charges, late charges and
administrative charges due and payable thereon are paid in full.All laws applicable to the levy, c
collection and enforcement of municipal taxes shall be applicable to such special assessment.
8.24.060 Storage and Ownership.
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A. Sufficient Container Capacity and Storage of Containers.
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All persons occupying or maintaining any premises within the City where Garbage, Organic o
Waste and Recyclable Materials are created, produced or accumulated shall maintain sufficient
standard containers for receiving and holding all Garbage, Organic Waste and/or Recyclable U
Materials which are produced, created or accumulated on such premises. No containers shall be
allowed to be stored in the public streets or rights-of way. Except on days established for o
collection, all Solid Waste containers shall be placed out of sight of the public right-of-way,
except for temporary containers, as described below. Containers may be stored in alleys but
must not cause obstruction for emergency, Solid Waste collection, or other vehicles. Containers a
may be temporarily stored in public streets or rights-of way. In commercial areas of the City p
that have limited space for the placement of containers, upon written request of the property o
owner or occupant,the City may allow the bins or carts as provided by the franchised hauler to
be placed in public parking lots expressively for the purpose of normal weekly collection by the E
franchised hauler. _
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B. Design Review. Q
The design of any new, substantially remodeled or expanded building or other facility shall
provide for proper storage of Garbage, Organic Waste and Recyclable Materials and which will
allow for efficient and safe waste removal or collection.The design shall be submitted for Q
approval to the Development Environmental Review Committee and shall meet all applicable
regulations. _
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C. Ownership of Solid Waste Materials.
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All Solid Waste placed in containers provided by any franchised hauler for collection shall be 00
considered owned by and be the responsibility of the franchised hauler.All materials placed in
containers provided or owned by the generator,shall be considered owned by and be the =
responsibility of that generator until the material is placed at a franchised hauler's designated
point of collection and in containers described in 8.24.010.The occupant, business owner, or his o
authorized agent, may retrieve or remove any materials from the container, prior to collection.
D. Unlawful Collection.
It shall be unlawful for any person to engage in the business of collecting, removing or c°
transporting,or otherwise organize or direct the collection, removal or transportation of 0
Recyclable Materials without being a franchised hauler. Nothing in this Chapter limits the right a
of any person to donate or sell his or her Recyclable Materials, including to recognized non-
profit charitable organizations conducting fundraising events for a public purpose. No cost or m
fees of any sort including those for hauling services or use of containers may be charged.
Additionally, containers provided by the franchised hauler may not be used for the storage of Cn
Recyclable Materials that the occupant intends to donate, sell or otherwise dispose of through a
party other than the franchised hauler. E
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E. Posting of Signs. Q.
Signs which state, in both English and Spanish,that removal of Recyclable Materials from v
containers is illegal and punishable by a fine of up to$1,000 or up to six months in jail, or both, o
shall be posted at each of the following locations:
1. On all Commercial Recycling Bins; c
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2. At the entrance to buy-back centers; and, m
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3. Vending machine-type containers located within the City of San Bernardino. rn
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8.24.070 Nuisance.
A. Nuisance Prohibited.
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No person shall accumulate Solid Waste in any amount that creates a nuisance. If accumulation c
of Solid Waste creates a nuisance,the City Manager may require a more frequent collection Q
schedule and/or removal of the accumulated Solid Waste. Furthermore: _
1. Putrescible Solid Waste including Garbage and Organic Waste shall not be allowed to remain
on the premises for more than seven (7) days. 0
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2. The occupant of any property may not dispose of Solid Waste on their property(with the
exception of Organic Wastes that are composted on-site via backyard composting). m
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3. No person shall throw or deposit, or cause to be thrown or deposited, any Solid Waste upon a=i
any premises whatsoever except at permitted Solid Waste facilities (for Garbage and E
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Organic Waste)or facilities that accept and responsibly process other Solid Wastes
(excluding Garbage and Organic Waste).
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4. It is unlawful for any person to burn, or cause to be burned, any Solid Waste within the City. a
5. It is unlawful for any person to dispose of any burning ash or embers in Solid Waste _
containers. X
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6. It is unlawful for any person to place in any container identified for Recyclable Materials or
Organic Waste any material that would inhibit its ability to be recycled or composted.
Containers set aside for Recyclable Materials or Organic Waste shall be used only for
Recyclable Materials or Organic Waste and no other materials.
7. No person shall place or deposit in any Garbage, Recycling or Organic Waste container for 0
collection pursuant to the provisions of this chapter any unbroken and exposed hypodermic
needles, medicines, pills, poisons, caustic acids,explosives or similar dangerous substances
which may cause human injury or harm.
8. No person shall place or deposit in any Garbage, Recycling or Organic Waste container for 0 Cn
collection pursuant to the provisions of this chapter wearing apparel, bedding or other 0
articles from any home or place where any infectious or contagious disease has prevailed. _
The occupant of any premises where an infectious or contagious disease has prevailed shall c
forthwith notify the San Bernardino County Health Officer and shall dispose of such articles
in accordance with his or her directions. m
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9. No person shall place or deposit in or upon any container or container within the City any E- N
waste, but shall deposit such E-waste with an authorized recycler of E-waste products.
B. Containers Must Be Covered and Kept Clean.
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All Solid Waste set out by generators on the street or other designated location for collection by a
the franchised hauler shall be placed in covered containers. No container shall be loaded v
beyond its capacity. It shall be the responsible parties' responsibility to keep the containers used
for the storage and collection of Solid Waste material generated on the premises in a clean and °c
sanitary condition. No material or containers shall be kept or handled in such a manner as to
become a nuisance. No Solid Waste shall be allowed to become odoriferous or a producer of c
vermin. Lids on containers shall remain closed at all times while stored or placed for collection. m
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C. Damage to or removal of containers.
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it is unlawful for any person to mar, injure, damage or destroy, or to take or remove any 0
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container furnished or provided pursuant to this Chapter. U
D. Hauling and Transport.
No generator, self-hauler or franchised hauler shall transport Solid Waste over any public street,
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alley, right-of-way or parking plaza unless Solid Waste is contained and covered in such a c
manner as to prevent the dropping or spilling of any Solid Waste, litter, or liquid upon the public c
street, alley, right-of-way or parking plaza. a
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8.24.080 Scrap Tires.
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A. Disposal of Scrap Tires.
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Every seller of new or used tires within the City upon request by an authorized agent or E
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employee of the City must demonstrate that each such tire has been disposed of properly by
one of the following methods: h
1. Manifest provided by a state-permitted waste tire hauler company; Q
2. Any alternative methods formally approved by CalRecycle. s
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The City shall provide copies of manifest forms to any seller of new or used tires within the City N
upon request from the seller to the City. Any seller of new or used tires within the City who 00
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cannot adequately demonstrate to City Manager that each whole tire was disposed of properly
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by one of the above methods, shall be in violation of this Chapter, and subject to civil and/or c
criminal prosecution by the City. °
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B. Penalty for Unlawful Disposal of Whole Tires.
It shall be unlawful to dispose of whole tires in any of the following manners within the City: a_
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1. Placement of whole tires in or around any regular commercial, industrial or residential o
container within the City.A residential customer may contact the franchised hauler to
arrange for on-call collection of up to two (2)whole tires twice per calendar year,with a
maximum of four(4)tires per calendar year. m
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2. Placement of whole tires on any public or private property within the City, unless said
property is a registered waste tire facility as set forth in Public Resources Code 42800 to c
42859, et seq.
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Any seller of new or used tires within the City who willfully and knowingly places whole tires in a
or around any regular commercial, industrial or residential Solid Waste container within the City v
or along any public or private property, or who allows or directs another party to willfully and
knowingly place whole tires in any regular commercial, industrial or residential container within 0
the City or along any public or private property, shall be guilty of a violation of this Chapter, and
subject to civil and/or criminal prosecution by the City. c
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C. Posting of Notice.
Every seller of new or used tires within the City must post the following notice: o
"NOTICE: Every tire left with this facility for disposal is assessed a surcharge established v
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by California Public Resources Code 42885.This surcharge is for the costs of disposal
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and for development of new uses for scrap tires. Other charges may also be imposed by C
this operator to cover actual disposal or recycling costs.
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In order to prevent the illegal disposal of used tires within the City of San Bernardino, if 72
you elect to keep your used tires for private use or disposal,you will be required to sign 0
a Certificate of Removal stating the number of tires that you removed,your name, 0
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address and California Driver's License Number.This information will be furnished to the m
City of San Bernardino. Illegal disposal of whole tires is a violation of Chapter 8.24.080 of E
the City of San Bernardino Municipal Code, and may result in fines and penalties."
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8.24.090 Mandatory Commercial&Multi-Family Recycling and Organic Recycling. Q
A. Commercial Generators Responsible for Compliance. ti
Each commercial generator shall be responsible for ensuring and demonstrating its compliance a
with the requirements of this Chapter. r
B. Commercial Recycling and Organics Collection Required. x
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Each commercial generator shall subscribe to a level of service with the franchised hauler that is
sufficient to handle the volume of Recyclable Materials and Organic Waste generated or
accumulated on the premises.Additionally, each commercial generator shall ensure the proper
separation of Solid Waste, as established by the franchised hauler, by placing each type of
material in designated containers or containers, and ensure that employees, contractors,
volunteers,customers,visitors, and other persons on site conduct proper separation of Solid 0
Waste.
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C. Implementation.
Each commercial generator shall use containers provided by the franchised hauler to collect and o
store Recyclable Materials and Organic Waste, and shall designate areas to collect and/or store c
these materials. Each commercial generator shall prominently post and maintain one or more
signs in maintenance or work areas or common areas where Recyclable Materials and Organic
Waste are collected and/or stored that specify the materials to be recycled and how to recycle d
such material.The City shall notify and instruct commercial generators in writing of applicable m
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recycling and Organic Waste requirements. Upon request by commercial generators,the City
will also provide outreach and training to commercial generator employees and tenants
regarding what materials are required to be recycled and how to recycle such material.
Additionally:
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San Bernardino Municipal Code Update October 17, 2016 Page 16 of 23
1. The City Manager shall annually work with the franchised hauler to identify commercial a
generators subject to the requirements in this Ordinance.
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2. The City Manager shall review franchised hauler data to confirm whether all commercial a
generators are compliant with the requirements of this Ordinance by reviewing subscription c
levels of Garbage, Organic Waste and recycling collection services.Those commercial
generators who do not subscribe to the required collection services with the franchised c
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hauler will be notified of the requirement to subscribe Organic Waste and Recyclable
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Materials.
3. The City Manager shall work with the franchised hauler to conduct site visits with select 0
commercial generators each year, covering all commercial generators every five years, in v
order to document whether commercial generators participate in the required recycling and Q
Organic Waste collection programs(not just subscribe) and are therefore in compliance with
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the requirements of this Chapter.
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4. The City Manager shall annually work with any non-compliant commercial generators in
order to bring them into compliance with the requirements of this Ordinance by providing
outreach,education, and technical assistance to facilitate compliance. O`
5. Commercial generators shall be responsible for ensuring and demonstrating compliance °
with the requirements of this Chapter within 30 days of notification of non-compliance. E
Failure to demonstrate compliance with the requirements of this Ordinance shall be cause
for enforcement.
8.24.100 Construction and Demolition Debris Recycling Program. aC
A. Covered and Non-Covered Projects. ti
Covered Projects are required to divert Recyclable C&D from landfills.The minimum C&D 4
Diversion Requirement is established by resolution of the Mayor and Common Council.
Applicants for construction, demolition, addition, alteration, and remodel projects within the x
City that are not Covered Projects are encouraged to divert the minimum C&D Diversion w
Requirement. N
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B. City Projects.
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City-contracted Construction shall adhere to the City Project C&D Waste Policy established by
resolution of the Mayor and Common Council.
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C. Security Deposit Required. a�
Except as otherwise specified in this chapter, each Applicant for a building or demolition permit
for a Covered Project, shall remit a Security Deposit in the amount established by resolution of o
the Mayor and Common Council.The Security Deposit shall be remitted prior to permit
issuance. o
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D. Exemptions.
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Neither a C&D Waste Recycling and Disposal Report Summary nor a Security Deposit shall be
required for the following: m
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1. Work for which only a plumbing permit, electrical, mechanical permit or a combination Cn
thereof is required;
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2. Seismic tie-down projects;
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3. Installation of a patio or awning; Q
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4. Installation of pre-fabricated accessories such as signs or antennas; v
5. Residential pools and spas;
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6. Re-roof projects, block walls, and retaining walls;
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7. City Owned Projects; m
8. Other work that the City Manager determines will not produce significant quantities of m
construction or demolition waste. ;n
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An Applicant for Projects may submit an application for exemption on the grounds that the
Project will not generate more than 35 gallons of C&D Waste.The application shall be submitted v
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to the City Manager who shall determine if the Exemption is in compliance with this Chapter.
E. Refund of Security Deposit.
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The City Manager may authorize the refund of any Security Deposit that was erroneously paid or
collected.The City Manager may authorize the refund of any Security Deposit when the building TO
permit application is withdrawn or cancelled before any work has begun.The City Manager may O
authorize the refund of a Security Deposit when the Applicant has satisfactorily submitted the 0
C&D Waste Recycling and Disposal Report Summary,and at least the minimum C&D Diversion
Requirement is met. If the minimum C&D Diversion Requirement is not realized,the amount of E
the refund shall correspond to the percentage of C&D Waste recycled, reused, or diverted from
the landfill. If the Applicant fails to submit the documentation required by Chapter 8.24.100 E
within the required time period,the Security Deposit shall be forfeited to the City.
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F. Administrative Fee.
As a part of any application for, and prior to the issuance of, any building or demolition permit, ¢
every Applicant for a Covered Project, unless otherwise exempt, shall pay an Administrative Fee u
sufficient to compensate the City for all expenses incurred in reviewing the project and X
reviewing performance.The amount of this fee shall be set forth in a resolution of the Mayor w
and Common Council. N
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G. Reporting.
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Within sixty (60) days following the completion of a demolition project and/or a Covered c
Project,the Applicant shall, as a condition precedent to release of the Security Deposit, submit a 0
C&D Waste Recycling Disposal Report Summary to the City Manager.
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H. Appeal.
Any person aggrieved by a decision of the City Manager made pursuant to this Chapter may
appeal the decision to the Board of Building Commissioners(as established in Chapter 2.45).The v0)
appeal shall be filed with the City Clerk within ten (10) days following the date of the written c
decision of the City Manager and shall include the payment of all applicable fees.The appeal
shall be in writing and set forth (1)the specific action appealed from, (2)the specific grounds for c
the appeal, and (3)the relief or action sought from the Board of Building Commissioners. In the m
event any notice of appeal fails to set forth all information required in this Chapter,the City
Clerk shall return the same to appellant with a statement that if it is deficient,the appellant N
shall be allowed ten (10) days after the City Clerk mails the appeal application in which to re-file
the appeal.The decision of the Board of Building Commissioners shall be final and conclusive E
and shall not be subject to appeal to the Mayor and Common Council. Pursuant to Code of Civil
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Procedure Section 1094.6,any action to review the decision of the Board of Building a
Commissioners shall be commenced not later than the ninetieth (90) day after the date the s
Board's order is adopted. v
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I. Construction Debris Self-Hauling. _
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A Construction contractor may self-haul Recyclable Materials or C&D Waste generated by the c
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Construction contractor at the Job Site. When acting as a general contractor,the Construction
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contractor may haul these same materials for any Construction contractor acting as a C
subcontractor at the same Job Site.The right of a Construction contractor to self-haul or haul
hereunder is subject to the following conditions: 0
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1. All Construction contractors generating any of the Recyclable Materials or C&D Waste to be U
self- hauled or hauled shall have a valid City business registration certificate;
2. The Construction contractor owns or leases the self-hauling or hauling equipment(excluding 0
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containers) and the equipment is clearly marked with the identity of the Construction =
contractor including, as a minimum threshold requirement,the company name, address,
and phone number;
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3. The Construction contractor must be performing construction and demolition work on the o
permitted job site;
4. The Construction contractor cannot serve solely as a hauler of debris from the job site;
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5. The Construction contractor provides proof of insurance for said vehicle; E
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6. The Construction contractor's equipment shall be operated by an employee of the
Construction contractor at all times during any self-haul or haul to a disposal or processing h
facility in a manner consistent with all appropriate laws and regulations; `t
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7. The Construction contractor performing the self-haul;or haul holds a current Building and
Demolition Permit which covers all Recyclable Materials or construction and demolition
debris for which the Construction contractor will be performing self-hauling or hauling, and w
the Construction contractor complies with the Construction and Demolition provisions of N
the City;
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8. The Construction contractor shall hold for a Self-Hauling Permit Fee as set by the Mayor and
Common Council; E
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9. Regardless of the valuation of the project,the Construction contractor performing the haul O
or self-haul must comply with this Article and shall submit an Application fee,Security N
Deposit as set by the Mayor and Common Council and obtain a C&D permit for Projects as
defined in San Bernardino Municipal Code Chapter 8.24.010. a
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8.24.110 Containers. N
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A. Containers-Franchise Required.
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The franchised hauler is the exclusive provider of containers for the collection of C&D, Garbage,
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Recyclable Materials, Organic Waste and large items.This includes any and all containers placed
in the public right-of-way, on City property, private property,or elsewhere in the service area, co
for collection of C&D, Garbage, Recyclable Materials,Organic Waste and large items and c
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subsequent delivery to a permitted Solid Waste facility. Collection utilizing containers may be on E
a temporary or permanent basis, in accordance with the terms of the franchise agreement
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between the City and the franchised hauler.Any containers left on the public right-of-way, Q
public property, or private property by a company or person without a contract or franchise
agreement with the City to provide such services shall be deemed illegal and subject to removal v
pursuant to these provisions. 0
B. Notice to Remove.
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Upon determination that a container is illegal,the owner of the container will be called and
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notified of such violation, if it is marked, and the owner will be given twenty-four hours to
remove the container.A"Notice to Remove Container" shall be posted on the container and m
mailed to the owner, if the owner's address is known or easily ascertainable. If the container is 0
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unmarked and the owner is unknown, atwenty-four(24) hour posting of the notice to remove v
the illegal container shall be deemed sufficient notice.The notice shall be in substantially the c,
following form:
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"NOTICE IS HEREBY GIVEN pursuant to Chapter 8.24.110 of the San Bernardino d
Municipal Code that the City Manager,or his or her designee, has determined that this
container was placed in the City of San Bernardino without the necessary contract or
franchise agreement and is hereby deemed illegal and that the removal of the container 0`
is required. This container must be removed from the City of San Bernardino within o
twenty-four(24) hours of the date and time of this Notice. Failure to remove this
container will result in the seizure of the bin by the City of San Bernardino or the E
franchised hauler.A hearing may be requested within fifteen (15) days of the seizure to
reclaim the container. If no hearing is requested within fifteen (15) days,the container �E
will become the property of the City of San Bernardino.The owner may waive a hearing
by paying the costs for removal,storage, and disposal, if any, of the container.The total r'
amount of costs to be paid may be obtained from the City." d
C. Notice to Remove—Exemptions. Q
The City may waive the 24-hour notice to remove a container in the event that the owner of the x
illegally placed containers can be identified and the City possesses documentation of at least w
two (2) prior instances of issuing notices to remove and subsequent removal of containers N
owned by the same owner in the prior twelve (12) months. 00
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D. Cost of Removal of Containers. _
The cost of removal of and illegally placed container, including all costs for removal, storage and
disposal of the container and its contents will be set by the City via Resolution. Payment of O
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those costs will be the responsibility of the owner of the illegally placed container.
E. Removal Hearing and Appeal Process.
1. Any illegal container that has been removed by the City or franchised hauler shall be stored 0
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pending a hearing before the City Manager. Said hearing must be requested within fifteen 0
days and scheduled within thirty days following the removal of the container. =a
2. The owner of the container may waive the hearing and pay the City's costs for removal, L
storage, and disposal of the container and claim the container.The amount of costs will be m
determined by the City Manager. to
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3. If the container is not claimed and no hearing is requested within fifteen days of removal of
the container,the container will become the property of the City and the City may dispose 0
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of or use the container as the City may deem appropriate.
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4. If a hearing is timely requested,the City Manager shall determine whether the owner of the a
container had a contract or franchise agreement with the City. If the City Manager t
determines that the owner of the container did not have the requisite contract or franchise
agreement with the City,the City Manager may order the container returned to the owner c
after payment of the costs for removal, storage and disposal of the container. If the City
Manager determines that the owner did have the requisite contract or franchise agreement L
with the City,the container shall be returned to the owner at no cost to the owner. m
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5. The owner of a container that is the subject of a timely hearing may appeal the City
Manager's decision to the Hearing Officer within ten days of the City Manager's decision. 0
The Hearing Officer's decision shall be final.Any person aggrieved by the decision of the
Hearing Officer may obtain review of such decision by filing an appeal with the Superior V
Court of the State of California, County of San Bernardino, in accordance with the time lines
and provisions set forth in Government Code 53069.4 and Code of Civil Procedure 1094.5 0
and 1094.6.
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8.24.120 Illegal Dumping. c
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A. Accumulations. 0
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0 1. Every p erson owning or occupying any buildin g, lot or premises in the City shall keep such
property in a clean and sanitary condition;this includes keeping the area around a container
free of excessive Solid Waste and preventing the placement of material in the container that c
requires special handling, such as furniture and electronic appliances, e-waste or hazardous 4)
materials.The occupant shall not cause or permit combustible or putrescible Solid Waste to Q
collect or accumulate for more than one (1) week,or cause or permit any other non-
combustible Solid Waste to accumulate for a period in excess of one (1) month; provided,
however,the provisions of this Chapter shall not be construed to interfere with any
occupant keeping building materials upon premises during construction, reconstruction,or Q
repair of a building or structure thereon under a valid building permit, nor with the keeping Z
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of wood neatly piled upon such premises for household use. k
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2. Any violation of this chapter may be reported to the City's Code Enforcement Department or N
Public Works Department. If a designated employee of the City who has the authority to 00
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issue criminal or administrative citations pursuant to Chapters 9.90, 9.92 and 9.93 =
determines that a violation of this chapter exists,the designated employee will post a notice =
of violation (NOV) requiring the property owner or occupant to bring the property into °
compliance. If the occupant does not respond to or comply with the notice of violation,the
City will take the necessary steps to bring the property into compliance, including, if U)
necessary, cleaning and sanitizing the container area.The occupant shall be held responsible 3:
for all fees and costs incurred as a result of the City bringing the property into compliance.
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B. Burning Solid Waste. 0
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No Garbage, Recyclable Materials, Organic Waste or any Solid Waste shall be burned in the o
open air within the City limits unless such burning is conducted in a properly built sanitary
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incinerator meeting all federal,state, and local air emissions regulations. m
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C. Dumping and burying. M
1. No person shall dump, place or deposit upon or bury in any lot, land, street, alley, water or
.�k waterway within the City any Garbage, Recyclable Materials,Organic Waste or substance E
�' condemned by the San Bernardino County Health Department or any other deleterious or
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offensive substance; provided, however,the provisions of this Chapter shall not apply to any a
land used by San Bernardino County or its agents as a public landfill. s
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2. It is unlawful to collect, dump, or deposit any Garbage, Recyclable Materials, Organic Waste c
upon any property located within the City belonging to another either with or without the c
consent of the owner thereof, including but not limited to any property, public or private, a
any highway, off-ramp,street,sidewalk, curb, gutter, or other property; and it is unlawful to
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establish or maintain a place for dumping Garbage, Recyclable Materials, Organic Waste in
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the City, or to collect, receive, and dump any Garbage, Recyclable Materials, Organic Waste N
on one's own property, save and except such Solid Waste as shall reasonably accumulate -
upon such property in the reasonable and lawful use thereof. ,?_+
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D. Contamination of Recyclable Materials and Organic Waste.
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No person shall place in any container identified for Recyclable Materials or Organic Waste any c
material that would inhibit its recyclability or compostability. Containers set aside for Recyclable
Materials or Organic Waste shall be used only for Recyclable Materials or Organic Waste and no M
other materials. No , p p er,ass a plastic, razor blades, metal, chemicals or other substances
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rendering such Organic Waste unfit for the consumption of animals or production of soil 0
amendments or compost shall be mixed therewith. o
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E. Dangerous and infected substances.
1. No person shall place or deposit in any Garbage, Recyclable Materials, Organic Waste
container for collection pursuant to the provisions of this chapter any unbroken and E
exposed hypodermic needles, medicines, pills, poisons, caustic acids, explosives or similar Q
dangerous substances which may cause human injury or harm. Customers may contact the Cn
City for information regarding the City's sharps collection program.
2. No person shall place or deposit in any Garbage, Recyclable Materials, Organic Waste a
container for collection pursuant to the provisions of this chapter wearing apparel, bedding
or other articles from any home or place where any infectious or contagious disease has w
prevailed.The occupant of any premises where an infectious or contagious disease has 4
prevailed shall forthwith notify the San Bernardino County Health Officer and shall dispose `i
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of such articles in accordance with his or her directions. 4)
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F. E-waste.
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No person shall dump, place or deposit in or upon any container within the City any E-waste, but O
shall deposit such E-waste with an authorized recycler of E-waste products. *;
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8.24.130 Enforcement.
A. City Manager Authorization.
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The City Manager is authorized to administer and enforce the provisions of this Chapter. The °c
City Manager, or anyone designated by the City Manager to be an Enforcement Officer, may
exercise such enforcement powers. If the City Manager determines that a Solid Waste generator c
is in violation of this Chapter or of any rule or regulation adopted pursuant to this Chapter, the m
City Manager may begin enforcement proceedings. Public nuisance proceedings and/or code
enforcement proceedings under the City's code shall apply, in addition to the administrative
penalties approved by resolution of the Common Council, as modified from time to time.
Enforcement proceedings may include issuing notices of violation, requiring changes in
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subscription service levels or assessing administrative fines.
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B. Administrative Citations and Orders. a
A violation of this chapter shall be considered a misdemeanor and may be punished as such,
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however,at the discretion of the City Attorney,the violation of any provisions of this article may
be filed as an infraction.The complaint charging such violation shall specify whether the
violation is a misdemeanor or an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Chapter 1.12.010, Chapter 9.92 and Chapter 9.93. _
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For purposes of Chapter 1.12.010, Chapter 9.92 and Chapter 9.93, each violation of this Chapter B
by the same person or entity, regardless of the location of the violation shall be considered a
subsequent or repeat offense.The City's procedures on imposition of administrative fines are 0
hereby incorporated in its entirety and shall govern the imposition, enforcement, collection and v
review of administrative citations or orders issued to enforce this Chapter and any rule or
regulation adopted pursuant to this Chapter, provided however,that the City Manager may
adopt regulations providing for lesser penalty amounts.The City Manager has the authority to 0
impose administrative penalties for the notices of violations. c
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Failure to pay administrative penalties or fines shall result in the recording of a lien of the
property that is the subject of the citation pursuant to Chapters 9.92.090 and Chapter 9.93.170. p
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C. Additional Remedies. °
The City Attorney may seek injunctive relief or civil penalties in the superior court in addition to E
the above remedies and penalties. All administrative civil penalties collected from actions
pursuant to this Chapter shall be paid to the City and shall be deposited into a Solid Waste E
administrative account that is available to fund activities to implement the applicable provisions Q
of this Chapter. Any remedy provided under this Chapter is cumulative to any other remedy a)
provided in equity or at law. Nothing in this Chapter shall be deemed to limit the right of the City It
or its authorized collection agent(s) to bring a civil action; nor shall a conviction for such a
violation exempt any person from a civil action brought by the City or its authorized collection
agent(s). The fees and penalties imposed under this Chapter shall constitute a civil debt and
liability owing to the City from the persons, firms or corporations using or chargeable for such w
services and shall be collectible in the manner provided by law. Nothing in this Chapter shall be N
deemed to impose any liability upon the City or upon any of its employees including without 00
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limitation under the Comprehensive Environmental Response, Compensation and Liability Act of =
1980(CERCLA). This Chapter does not do any of the following:
1. Otherwise affect the authority of the City Manager to take any other action authorized by 0
any other provision of law. N
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2. Restrict the power of a City Attorney, District Attorney or the Attorney General to bring in
the name of the People of California, any criminal proceeding otherwise authorized by law. :a
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3. Prevent the City Manager from cooperating with, or participating in, a proceeding specified y
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in Chapter 8.24. _
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4. Affect in any way existing contractual arrangements, including franchises, permits or c
licenses, previously granted or entered into between the franchised hauler and City. m
8.24.140 Forms, Regulations and Guidelines.
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The City Manager may adopt necessary forms, rules, regulations and guidelines which may be
necessary or desirable to aid in the administration or enforcement of the provisions of this d
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Chapter.The City may provide information on its website regarding what materials are accepted
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as Recyclable Materials,Organic Waste, and Garbage under this Chapter. C
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