Section
8.28.010 Legislative policy
8.28.020 Definitions
8.28.030 Authority of City Council to issue permits for salvage and solid waste collection
8.28.040 Permits for refuse collection and establishment of collection fees
8.28.050 Permits for salvagers
8.28.060 Unlawful collection or salvage
8.28.065 Placement of unauthorized bins, dumpsters, and other waste receptacles prohibited
8.28.070 Permittee may be granted exclusive rights — Exception
8.28.080 Collection in emergencies
8.28.090 Hours of collection
8.28.100 Solid waste, green waste and recyclable material collection — Spillage
8.28.110 Solid waste, green waste and/or recyclable material receptacles
8.28.120 Placement of receptacles for collection
8.28.130 Time and date of placement of receptacles
8.28.140 Solid waste removal
8.28.150 Refuse disposal
8.28.160 Special provisions regarding method of disposal
8.28.170 Burning, burial or dumping
8.28.180 Disposition of recyclable material — Green waste
8.28.190 Use of trucks
8.28.200 No parking of trucks on and city street
8.28.210 Trucks — Equipment required
8.28.220 Specifications and restrictions on collection trucks
8.28.230 Truck inspection
8.28.240 Permittee's local telephone number
8.28.250 Permittee's employees
8.28.260 Permit for rubbish collection operations — Prerequisites
8.28.270 Permit for salvage operations — Prerequisites
8.28.280 Permit provisions
8.28.290 Charges for refuse collection service
8.28.300 Recyclable material and green waste collection services — Minimum standards
8.28.310 Refuse collector reports
8.28.320 Adverse information
8.28.330 Failure to report
8.28.340 Salvage reports
8.28.350 Right of provision modification
A. The City Council finds and determines that storage, accumulation, collection and disposal of refuse, trash, rubbish, solid waste, debris and other discarded material, as well as recyclable material, is a matter of great public concern, in that improper control of such matters creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, vector breeding and infestation and other problems affecting the health, welfare and safety of the residents of the city and adjacent communities. The City Council further declares that regulations provided in this chapter designed to eliminate or alleviate such problems.
B. Further, the legislature of the state of California has enacted the California Integrated Waste Management Act of 1989 (Cal. Pub. Res. Code Division 30, §§ 40000 et seq.) (the “Act” hereinafter) which evidences the substantial public health, safety and welfare needs of the citizens of the state with regard to the appropriate utilization of the resources of the state and directs the cities thereof to embark upon aggressive solutions to the generation of solid waste and the disposal thereof. The Act declares that the responsibility for solid waste management is a shared responsibility of both the state and local governments and establishes goals and objectives for the management of solid waste, including substantial penalties for failure by local government to effectively manage the solid waste generated within the community by means of source reduction and recovery programs, including recycling activities. Pursuant to the Act, this city has adopted its Source Recovery and Recycling Element and this chapter is intended to assist in the implementation thereof.
(Ord. 990, passed 7-23-96)
For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning was intended:
ANIMAL WASTE. Manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock.
CITY. The city of Brea.
CITY CLERK. The City Clerk of the city of Brea, and his or her authorized deputies.
CITY MANAGER. The City Manager of the city of Brea or his or her designee.
COMMERCIAL PREMISES. Buildings, structures and areas used principally for business, commercial or industrial purposes, and including the following: Hotels, motels, apartment buildings containing more than four (4) apartments, condominium buildings containing more than four (4) condominiums, and including all other places that are not defined as residential units in this section.
CONSTRUCTION AND DEMOLITION WASTE. The waste building materials, packaging, plaster, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations on pavements, buildings and other structures (except asbestos-containing materials or hazardous waste).
COMPOSTING. The controlled biological decomposition of organic wastes that are source separated from the solid waste stream.
COMPOSTING CENTER, STATION OR FACILITY. A facility the principal function of which is to receive and to process green waste through composting.
COUNCIL. The City Council of the city of Brea.
GREEN WASTE. Vegetative cuttings, shrubs, stumps, brush, tree trimmings, grasses and related materials which have been separated from other solid waste. GREEN WASTE does not include stumps or branches with a diameter exceeding eighteen (18) inches or a length exceeding four (4) feet.
HAZARDOUS WASTE. Any waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 USC §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC §§ 9601 et seq., and all future amendments to either of them, or as defined by the California Environmental Protection Agency, the California integrated Waste Management Board, or either of them and shall include medical waste and household hazardous waste. Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over hazardous or solid waste, the term HAZARDOUS WASTE shall be construed to have the broader, more encompassing definition.
OCCUPANT. Includes every owner of, and every tenant or person in possession of, is the inhabitant of, or has the care and control of, an inhabited residence.
PERMIT. Written authority granted by the city to any refuse collector or salvager as evidenced by contract, franchise, certificate or other writing issued pursuant to this chapter.
PERMITTEE. Any person authorized by the City Council or the City Manager, as the case may be, to conduct business as a refuse collector or salvager within the city pursuant to this chapter.
PERSON. Any individual, firm, corporation, association, or group or combination thereof acting as a unit.
RECYCLABLE MATERIAL or RECYCLABLES. Material which has been source separated or commingled with other, similar material and can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the Act, and includes paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET and other plastics, beverage containers, compostable materials, and such other materials designated by city's City Manager, or designated as recyclables by the California Integrated Waste Management Board, or other agency with jurisdiction, and which are collected by a permittee pursuant to this chapter.
RECYCLING. The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. RECYCLING does not include transformation as defined as the incineration, pyrolysis, distillation, gasification, or biological conversion other than composting.
RECYCLING CENTER, STATION or FACILITY. A facility whose principal function is to receive, store, convert, separate, or transfer recyclable materials for processing.
REFUSE. Includes any and all types of rubbish, trash, garbage or other waste materiaL referred to in this chapter.
REFUSE COLLECTOR. Any person or persons, firm, copartnership, joint venture, association or corporation engaged in the collection, transportation and/or disposal of solid waste including recyclable material and green waste services in the city.
RESIDENTIAL UNIT. Each place used for residential purposes, including the following, but not restricted to: Single-family dwellings, multifamily dwellings, apartments and/or condominiums containing four (4) units or less, town houses, mobile home parks, and trailer courts, whether or not utilizing dumpster-type bins, and not including: Hospitals, convalescent homes, hotels and motels.
RUBBISH. Includes, but is not restricted to, all non-biodegradable waste or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris and other similar materials.
RUBBISH DISPOSAL OPERATOR. Synonymous with REFUSE COLLECTOR.
SALVAGE. To obtain, either for compensation or other consideration, directly from the transferor thereof, any recyclable material prior to the placement of the same in the solid waste stream or the disposal or discarding thereof whether by collecting, or causing to be collected, the same from the transferor thereof or by the transferor thereof transporting the same to the salvager.
SALVAGER. Includes any person engaged in salvaging recyclable material prior to the disposal or discarding of the same in the solid waste stream and includes the person generating the recyclable material if done by such persons own employees or any subsidiary thereof. SALVAGER does not include a non-profit entity including, but not limited to, churches, schools, community organizations or groups obtaining recyclable materials for purposes such as, but not limited to, fundraising activities, rehabilitation and training programs.
SCAVENGE. Includes the extraction, segregation, removal or development of articles or material of value, including recyclable material, from solid waste.
SOLID WASTE. All putrescible and non-putrescible solid, semi-solid and liquid wastes including garbage, trash, refuse, paper, rubbish, ashes, demolition and construction debris, industrial wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other solid and semi-solid wastes and recyclable materials discarded or placed for disposal in bins, containers or at curbside for collection, whether segregated by type or commingled. SOLID WASTE does not include hazardous waste as defined herein.
SOLID WASTE STREAM. The placement of items, including recyclable material, into authorized receptacles for collection by an authorized refuse collector.
STREETS. The public streets, ways and alleys, except state freeways, as the same now or may hereafter exist within the city.
TRANSFEROR. Includes any person generating recyclable material who, for compensation or other consideration, donates, sells or otherwise conveys or transfers title thereto and possession thereof to a salvager and does not discard the same as solid waste. TRANSFEROR does not include a resident who conveys or transfers residential recyclable material, whether for consideration or as a donation, to a salvager or any non-profit entity including, but not limited to, churches, schools, community organizations or groups.
TRASH. Includes, but is not restricted to, every accumulation of animal, vegetable or other material:
1. Resulting from the preparation and consumption of edible foodstuffs; or
2. Resulting from decay, dealing in or storage of meats, fish, fowl, fruits or vegetables, including the cans, containers or wrappers wasted along with such materials; or
3. Such industrial, domestic and organic refuse or residue of animals sold for meat; or
4. Fruit, vegetable and animal matter from kitchens, dining rooms, markets, food establishments or any other place using, dealing in or handling meats, fish, fowl, fruits, vegetables or grains; or
5. Offal, animal waste, or the carcasses of animals, fish or fowl; or
6. Non-recyclable glass, paper or metal products.
TRUCK. Any truck, trailer, semitrailer, conveyance or vehicle used, or intended to be used, for the purpose of collecting solid waste and/or recyclable material or to haul or transport solid waste and/or recyclable material.
(Ord. 990, passed 7-23-96)
Pursuant to Cal. Pub. Res. Code § 40059, as the same may be amended from time to time, or any successor provision or provisions thereto, and the police power, pursuant to Article Il, § 7 of the California Constitution, the city shall have, and hereby retains, the authority to issue permits, including exclusive permits or franchises, for refuse collector services or salvager services, as provided for in this chapter and may, as a condition for issuing such permits, require a bond from the permittee in an amount determined by the City Council to insure the faithful performance of such collection, transportation and disposal in accordance with this chapter and the terms and conditions imposed by the City Council. In the event that any permittee shall fail or refuse to conform to the conditions of the permit or this chapter or any regulations promulgated hereunder, the Council, at its option and after a hearing called upon at least ten (10) days prior written notice to the permittee, may revoke such permit. in issuing permits for refuse collector services, the city shall not be required to issue the same based upon the offer of lowest rates, but shall be free to issue such permits to the person deemed best suited to comply with the provisions of this chapter and such other terms and conditions imposed by the City Council.
(Ord. 990, passed 7-23-96)
The City Council determines that the collection, transportation and disposal of solid waste and green waste and recycling services are services to be performed in the city in accordance with the provisions of this chapter. The city may from time to time issue permits to those parties meeting the criteria of this chapter and such other standards as may be established by resolution of the City Council regarding the collection, transportation and disposal of refuse, rubbish and other forms of solid waste, green waste and recyclables from residential and commercial units. So long as any such permit remains in force, collection, transportation and disposal of such material provided for therein may be made only in accordance with the terms and conditions thereof and this chapter. Fees and charges for such refuse collector services shall be those which the City Council may from time to time hereafter approve by resolution and shall be in lieu of any business license tax imposed generally by city. No person shall engage in the refuse collector business within the city from any residential unit or commercial premises, nor transport the same over any public streets or rights-of-way, unless a permit to do so has first been obtained from the Council, such person complies with the provisions of this chapter and any other regulations which haven been adopted pursuant to this chapter.
(Ord. 990, passed 7-23-96)
The City Council determines that the collection, transportation and disposal of recyclable material obtained by salvage thereof is an activity to be performed in the city in accordance with the provisions of this chapter. The city shall issue, from time to time, permits to those persons engaged in the salvage of recyclable material meeting the criteria of this chapter and such other standards as may be established by resolution of the City Council regarding salvage and salvagers. So long as any such permit remains in force, salvage of recyclable material shall be made only in accordance with the terms and conditions thereof and this chapter. Fees charged to salvagers for compliance reporting pursuant to the Act and City's Source Reduction and Recycling Element shall be established by resolution of the City Council. Business license taxes shall be as set forth in the City's Business License Ordinance, as the same may be amended from time to time, and shall be in addition to any other fees and charges imposed by the city hereunder. No person shall engage in the business of salvaging recyclable material within the city from any residential unit or commercial premises, nor transport the same over any public streets or rights-of-way, unless a permit to do so has first been obtained from the city and such person complies with the provisions of this chapter and any other regulations which have been adopted pursuant to this chapter.
(Ord. 990, passed 7-23-96)
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