(SOLID WASTE)” OF THE BRENTWOOD MUNICIPAL CODE
WHEREAS, the City's ordinance pertaining to solid waste was adopted in 1977 and amended in part in 1982; and
WHEREAS, City staff recommends amending the City’s solid waste regulations to reflect changes in law, and to better reflect the current needs of the City; and
WHEREAS, the City Council has considered the staff report, environmental determination, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Brentwood:
Section 1.
The Council finds that this action is exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines Section 15061(b) (3), in that it can be seen with certainty with certainty that there is no possibility for the proposed ordinance to have a significant effect on the environment.
Section 2.
Chapter 8.16 of the Brentwood Municipal Code is deleted in its entirety and replaced with the text as set forth in Exhibit “A,” attached.
Section 3.
This ordinance shall be published in accordance with Government Code Section 36966 by either posting or publishing the ordinance in accordance with that law. Further, the City Clerk is directed to cause the text in Exhibit “A” to be entered in the City of Brentwood Municipal Code. This ordinance shall take effect and be in force 30 days following its adoption.
Section 4.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 22nd day of October 2013 by the following vote:
Exhibit “A”
Table of Contents
8.16.010 Applicability of Provisions. ... 3 8.16.020 Declaration of Purpose. ... 3 8.16.030 Severability. ... 3 8.16.040 Definitions. ... 3 8.16.050 Division of Solid Waste – Authority of Director of Public Works. ... 8 8.16.060 Division of Solid Waste – Equipment and Employees. ... 8 8.16.070 Division of Solid Waste – Exclusive Right to Collect. ... 8 8.16.080 Exceptions to Exclusive Right to Collect. ... 8 8.16.090 Contracting for Solid Waste Services. ... 11 8.16.100 Inspection of Collection Premises. ... 12 8.16.110 Improper Deposit of Solid Waste. ... 12 8.16.120 Accumulation of Solid Waste. ... 12 8.16.130 Placing Litter on Street, Sidewalk, Alley, or Public Place. ... 12 8.16.140 Burning of Solid Waste in Public Places. ... 13 8.16.150 Burning of Solid Waste on Private Property. ... 13 8.16.160 Scavenging. ... 13 8.16.170 Collection – Subscription to Service Mandatory. ... 13 8.16.180 Collection – Failure to Subscribe. ... 14 8.16.190 Collection – Exemption from Mandatory Service. ... 14 8.16.200 Collection – Minimum Service Level. ... 14 8.16.210 Collection – City to Determine Service Levels and Pick Up Location. ... 15 8.16.220 Collection – Frequency of Collection. ... 15 8.16.230 Collection – Recyclable Materials. ... 16 8.16.240 Collection – Mandatory Recycling and Exemption. ... 16 8.16.250 Collection – Provision of Multi-Family Recycling Services. ... 16 8.16.260 Collection – Event and Venue Recycling. ... 16 8.16.270 Collection – Prohibited Collection Locations. ... 17 8.16.280 Collection – Temporary Service. ... 17 8.16.290 Collection – Special Handling Service. ... 17 8.16.300 Collection – Interference with Collection. ... 17 8.16.310 Collection – Vehicles. ... 18 8.16.320 Containers – Placement of Discards. ... 18 8.16.330 Containers – Contamination of Recyclable Materials and Organic Materials. ... 18 8.16.340 Containers – Commercial Enclosures. ... 18 8.16.350 Containers – Commercial Containers. ... 19 8.16.360 Containers – Location of Containers at Residential Premises. ... 19 8.16.370 Containers – Ownership and Replacement. ... 19 8.16.380 Containers – Exclusive Use. ... 20 8.16.390 Prohibited Materials – General. ... 20 8.16.400 Prohibited Materials – Right to Refuse Service. ... 20 8.16.410 Prohibited Materials – Electronic Waste and Other Universal Waste. ... 20 8.16.420 Prohibited Materials – Medical and Biohazardous Waste. ... 20 8.16.600 Enforcement. ... 21 8.16.610 Non-Payment of Solid Waste Service Charges. ... 21 8.16.620 Service Comments or Complaints. ... 21 8.16.625 Billing Comments or Complaints. ... 21 8.16.630 Appeals to City Manager. ... 22
8.16.010 Applicability of Provisions.
The provisions of this Chapter shall apply to all of the territory lying within the City of Brentwood.
The provisions of this Chapter relating to the City’s provision of Solid Waste service shall also apply in any additional areas where the City provides service.
8.16.020 Declaration of Purpose.
In enacting this Chapter, the City Council finds as follows:
A. The purpose of this Chapter is to regulate Solid Waste handling in order to protect the public health, safety, and welfare and to meet the City's obligations under the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 et seq.) (Hereinafter “AB 939”).
B. The City is obligated by AB 939 to implement plans for Solid Waste source reduction, reuse, and recycling to meet specified achievement milestones.
C. The City is obligated by AB 341 to make Commercial and Multi-Family recycling services available to Customers.
D. Pursuant to the California Constitution, the City is authorized to enact ordinances to protect the public health, safety, and welfare. Pursuant to Public Resources Code Section 40059 aspects of Solid Waste handling of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, and whether Solid Waste services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and conditions of such franchise, license, or permit.
8.16.030 Severability.
If any section, sentence, clause, or phrase of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The City Council declares that it would have passed this Chapter and each section, subsection, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom.
8.16.040 Definitions.
For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. “AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, AB 341]), also commonly referred to as “AB 341”, as amended, supplemented, superseded, and replaced from time to time.
B. “Agreement” A contract entered into between the City and a contractor providing for, among other things, the award of a franchise, payment of franchise fees, and procedures for
the contractor’s collection, transportation, processing, and/or disposal of materials and the setting of rates and charges for services.
C. “Applicable Law” means all laws, statutes, rules, regulations, guidelines, permits, actions, determinations, orders, approvals, or requirements of the United States, State of California, regional or local government authorities, agencies, boards, commissions, courts, or other bodies having applicable jurisdiction, that from time to time apply to or govern the management of Solid Waste, Hazardous Waste, Medical Waste, or any other materials described in this Chapter.
D. “Biohazardous Waste” shall mean laboratory waste including human or animal specimen cultures from medical and pathology laboratories; cultures and stock of infectious agents from research and industrial laboratories; waste from the production of bacteria, viruses, spores, discarded live and attenuated vaccines used in human health care or research, and discarded animal vaccines; human or animal surgery specimens or tissues, which may contain infectious agents known to be contagious to humans; waste containing discarded materials contaminated with excretion exudates or secretions from humans that are required to be isolated by infection control staff, the attending physician, or local health officer to protect others from highly communicable diseases.
E. “Cart” shall mean a wheeled Container, 32-gallons, 64-gallons, or 96-gallons (or similar sizes) in size provided by the City for Solid Waste, Recyclable Materials, Green Waste, or Organic Materials collection.
F. “City” The City of Brentwood, a municipal corporation, and its duly authorized representatives.
G. “City-Authorized Service Provider” means a permittee or Franchisee authorized by the City Council which has received written approval, through a contract or otherwise, to collect, transport, process, or dispose of Solid Waste, Recyclable Materials, Green Waste, Organic Materials, or C&D Debris within the City.
H. “Commercial” describes any property, Premises, or place which is not Residential, as that term is defined in this Section.
I. “Construction and Demolition Debris” or “C&D Debris” includes, but is not limited to, concrete, cinder blocks, brick, mortar, wood, glass, metal, and other materials removed and discarded during the alteration, renovation, remodeling, repair, construction, or demolition of pavements, houses, Commercial buildings or structures which can be separated from Solid Waste for the purpose of reuse, reprocessing, or remanufacture.
J. “Container” shall mean a receptacle used to accumulate Solid Waste, Recyclable Materials, Green Waste, or Organic Materials on Premises for scheduled or periodic collection.
Container may be Carts, bags, Front Loader Bins, Front Loader Compactor Bins, Roll-Off Boxes, Roll-Off Compactors, or other City-approved receptacles.
K. “Customer” means a Person subscribing with the City for collection services.
L. “Director of Finance” shall mean the Director of Finance and Information Systems for the City of Brentwood or any designee of the Director of Finance as being authorized to address specific issues covered by this Chapter.
M. “Director of Public Works” shall mean the Director of Public Works for the City of Brentwood or any designee of the Director of Public Works as being authorized to address specific issues covered by this Chapter.
N. “Electronic Waste” shall mean any refuse created by discarded Electronic Waste and components as well as substances involved in their manufacture or use as defined under various federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements, as they may be amended from time to time, of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Waste.
O. “Fire Service Provider” shall mean the authorized agency or company providing fire fighting, management, permitting, and other related services to the City.
P. “Franchise Fee” means the fee paid by Contractor to City for the privilege to hold a Franchise.
Q. “Food Scraps” means food scraps such as those discarded Organic Materials that will decompose and/or putrefy including: (i) all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs, and (ii) paper waste contaminated with food (such as, but not limited to, paper plates, napkins, pizza boxes, and paper towels contaminated with food). Food Scraps is a subset of Organic Materials.
R. “Franchise” means the exclusive or non-exclusive rights granted by the City Council to provide collection services to Customers in the City.
S. “Franchisee” means the holder of a Franchise in the City.
T. “Front Loader Bin” means a metal Container with a hinged lid and wheels, less than ten cubic yards in size, for the deposit of Solid Waste, Recyclable Materials, or Green Waste, designed to be collected with a front- or rear-loading collection vehicle.
U. “Front Loader Compactor Bin” means a Bin with an attachment that compacts waste placed in the Bin.
V. “Green Waste” means those materials that will decompose and/or putrefy, including, but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic waste. Green Waste is a subset of Organic Materials.
W. “Hazardous Waste” includes any waste material or mixture of waste material(s) which is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generates pressure through decomposition, heat or other means, if such a waste or mixture of waste may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of any disposal of such waste or mixtures of waste as defined under various federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any hazardous substance, together with any amendments of or regulations promulgated under such laws, and any other federal, state,
or local law, statute, ordinance, or regulation in effect prior to the time of adoption of this Chapter or later enacted that pertains to occupational health or industrial hygiene, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use.
X. “Household Hazardous Waste” shall mean those Hazardous Waste materials discarded, typically in small quantities, by households (as opposed to large quantities disposed by businesses). Typical Household Hazardous Waste includes used motor oil and oil filters, antifreeze and other vehicle fluids, paints and varnish, pesticides, Electronic Waste, Universal Waste and cleaning supplies.
Y. “Infectious Waste” refers to all waste materials which are defined as being injurious to the public health or safety by federal, state, or county statutes, legislation, policies, or rules and regulations as they may be amended from time to time. Examples include, but are not limited to, needles and syringes and other instruments used to administer medication, disposable diapers, rags or other materials used to clean areas infected by human or animal waste, and other materials contaminated with or exposed to infected or contagious individuals, animals, or materials.
Z. “Junk” refers to trash, scrap, Solid Waste, dirt, Litter, debris, and similar matter and materials, but excluding Swill, and Green Waste. Examples of Junk shall include, but not be limited to, metals, concrete, rocks, earth, sand, milled wood, rough lumber, glass, rubber, leather, bricks, minerals, plastics, oils, grease, rags, crockery, cardboard, paper, cans, bottles, jars, ashes and house sweepings, vehicle parts, packing boxes, and similar items. Junk shall also include, but not be limited to, the following when located out-of-doors: any refrigerator, washing machine, clothes dryer, sink, stove, heater, boiler, tank, toilet, appliances, household equipment or machinery, furniture (other than furniture designed and used for outdoor activities), parts of any of the above, and similar items, but shall not include any machinery or equipment installed for household and recreational use which is in a fully operational condition.
AA. “Litter” consists of Solid Waste, Waste Matter, Junk, debris, vehicle parts, and all other materials, things, or objects which creates a public nuisance and particularly when such items exist within the public right of way, parks, or other City-owned or managed property.
BB. “Medical Waste” shall mean waste which is generated or produced as a result of any of the following actions: diagnosis, treatment, or immunization of humans or animals;
research pertaining to the above; the production or testing of biologicals and Sharps waste.
CC. “Multi-Family” refers to a dwelling which includes two or more individual dwelling units and is billed as one account, but serves multiple dwelling units. Multi-Family is a subset of Residential.
DD. “Organic Materials” means those materials that will decompose and/or putrefy and that the City’s Municipal Code permits, directs, and/or requires generators to separate from Solid Waste and Recyclable Materials for collection in specially designated Carts for Organic Materials collection. Organic Materials include Green Waste and Food Scraps. No discarded material shall be considered Organic Materials, however, unless such material is separated from Solid Waste and Recyclable Material.
EE. “Person” shall mean an individual, trust, firm, joint stock company, business concern, partnership, association, limited liability company, public entity, and corporation.
FF. “Premises” shall mean a specific lot or area of real property served by the City or any such lot or area in general. Premises include permanent and transient human dwellings and places of accommodation, commerce, or recreation.
GG. “Putrescible” shall mean to rot, subject to decomposition by microorganisms.
HH. “Recyclable Materials” means all materials approved by the City for collection in its recycling program.
II. “Residential” describes any property, Premises or place on which is constructed one or more buildings or other structures containing one or more dwelling units. Residential includes both Multi-Family and Single-Family Premises.
JJ. “Roll-Off Box” means a Solid Waste Container of ten cubic yards or larger.
KK. “Roll-Off Compactor” means Solid Waste Containers approximately 10- to 50-cubic yards in capacity with a trash compaction mechanism attached that pushes and compresses waste into the Container, and that must be removed from the collection site for disposal.
LL. “Salvage” or “Salvaging” refers to the authorized and controlled accumulation of Solid Waste materials for subsequent reuse.
MM. “Salvageable Materials” refer to items that can be put to subsequent reuse.
NN. “Sharps” shall mean any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, all of the following:
1. Hypodermic needles, hypodermic needles with syringes, blades, needles with attached tubing, syringes contained with Biohazardous Waste, acupuncture needles, and root canal files.
2. Broken glass items, such as Pasteur pipettes and blood vials contaminated with Biohazardous Waste.
3. Any item capable of cutting or piercing that is contaminated with trauma scene waste.
OO. “Single-Family” refers to Residential Premises or Customers receiving individual Solid Waste collection services. Single-Family is a subset of Residential.
PP. “Solid Waste“ or “Waste” means all Putrescible and non-Putrescible solid, semi-solid, and liquid wastes, including trash, paper, ashes, Commercial and industrial wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, vegetable or animal solid and semi-Solid Wastes, and other discarded solid and semi-Solid Wastes. Solid Waste or Waste includes Recyclable Materials that are discarded by the generators of such materials and mixed waste which include both Recyclable and non-Recyclable Materials. Solid Waste or Waste does not include any of the following waste: (1) Hazardous Waste, as defined in Public Resources Code Section 40141; (2) radioactive waste; and (3) Medical Waste regulated pursuant to the Medical Waste Management Act.
QQ. “Swill” shall mean all putrefactive or easily decomposable animal or vegetable matter, which is likely to attract flies or rodents and which has a property value.
RR. “Universal Waste” shall mean any waste where the resultant materials from a process cannot be clearly identified as the source of generation because they come from an infinite number of sources as defined under various federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements, as they may be amended from time to time, of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Waste.
8.16.050 Division of Solid Waste – Authority of Director of Public Works.
The Director of Public Works shall have authority to make and enforce rules and regulations concerning the collection, recycling, reconstitution, recovery, processing, and disposal of Solid Waste, Recyclable Materials, Organic Materials, and C&D Debris pursuant to the provisions of this Chapter. This authority shall include, without limitation, the authority to require any Person or entity receiving Solid Waste, Recyclable Materials, Organic Materials, and/or C&D Debris collection service, whether such service is provided by the City or by another party, to implement specified measures to prevent the accumulation of materials outside of the Container(s) used by the Person or entity, or to prevent the Container(s) from creating a hazard or interference with the use of any public right of way. Such measures may include, but are not
The Director of Public Works shall have authority to make and enforce rules and regulations concerning the collection, recycling, reconstitution, recovery, processing, and disposal of Solid Waste, Recyclable Materials, Organic Materials, and C&D Debris pursuant to the provisions of this Chapter. This authority shall include, without limitation, the authority to require any Person or entity receiving Solid Waste, Recyclable Materials, Organic Materials, and/or C&D Debris collection service, whether such service is provided by the City or by another party, to implement specified measures to prevent the accumulation of materials outside of the Container(s) used by the Person or entity, or to prevent the Container(s) from creating a hazard or interference with the use of any public right of way. Such measures may include, but are not