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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)
No person shall act as a refuse collector within the city unless such person is a permittee, as defined in this chapter, is exempt in accordance with paragraphs A. through D. of this section. No person shall permit, allow or enter into any agreement whatsoever for the collection or transportation of solid waste, recyclable material, green waste or hazardous waste from any residential unit or commercial premises with any person who is not a permittee as herein defined, except as permitted in paragraphs A. through D. of this section.
A. The collection and removal of grass clippings and shrubbery by individual residents, business owners and by individuals doing business as professional landscapers, when the collection is directly related to their work, shall be exempt from the permit system.
B. A permittee shall not be required to collect hazardous waste as part of its regular collection activity. Liquid and dry caustics acids, flammable, explosive materials, insecticides, and similar substances shall not be deposited in collection receptacles. Any person collecting such substances shall, in addition to any requirements of state or federal law, obtain a permit therefor pursuant to the provisions of this chapter.
C. Biohazardous and/or medical waste (as defined in Cal. Health and Safety Code § 25117.5, as amended from time to time, or any successor provision or provisions thereto) shall not be collected by a permittee as part of its regular collection activity. Anyone producing such wastes shall store, handle and dispose of such materials only in the manner approved by the County Health Officer or designated deputy, and in accordance with the Cal. Health and Safety Code. Disposal of biohazardous and/or medical waste shall be conducted pursuant to a permit issued under this chapter in addition to any requirements imposed by state law.
D. The removal and disposal of refuse from a residential unit by the occupant or owner thereof shall be exempt from the refuse permit system, subject to the provisions of § 8.28.140 of this chapter.
(Ord. 990, passed 7-23-96)
A. Except as expressly authorized by this chapter, no person other than a permittee may place a bin, dumpster or other solid waste receptacle for collection within the city.
B. 1. The city shall provide written notice to any person or business violating this section, that the prompt and permanent removal of such bin, dumpster or waste receptacle from its location within the city is required. The city shall provide such written notice by posting a copy of the notice prominently upon the bin, dumpster or waste receptacle. If the bin, dumpster or waste receptacle is identified with the name and telephone number of the solid waste enterprise servicing or owning it, the city shall endeavor to contact such enterprise by telephone. However, failure to notify the owner telephonically shall not invalidate the notice.
2. The city may impound or cause to be impounded any such bin, dumpster or waste receptacle if the same is not permanently removed from its location within the time set forth in the notice, which time shall not be less than twenty-four (24) hours after posting of the notice, or not less than six (6) business hours after telephonic notification, if such notification is provided. If the bin, dumpster or waste receptacle has no markings identifying the owner or setting forth the owner's telephone number, and if identification of such owner thereof cannot be provided by the business owner or operator on whose premises the bin, dumpster or waste receptacle is located, then the city shall be authorized to immediately remove and impound it. For purposes of this section, "business hours" shall mean the hours of 7:00 a.m. to 5:30 p.m., Monday through Friday, and Saturday 7:00 a.m. to 3:00 p.m. Any person who violates this section shall be liable to the city for all fees and charges established by resolution of the City Council and levied in connection with the collection, transportation, storage and handling of the bin, dumpster or waste receptacle by the city.
3. The bin, dumpster or waste receptacle impounded by the city shall be retrieved by the owner or representative thereof immediately after all applicable fees and charges have been paid. The City Manager may delegate to a permittee the authority to impound and/or store unauthorized bins, dumpsters and/or waste receptacles, in accordance with the provisions of this section, and to collect the fees and charges levied by the city.
C. If the bin, dumpster or waste receptacle is not claimed within thirty-five (35) days after removal and notice to the owner, or thirty (30) days after removal if the identity of the owner is unknown, the bin, dumpster or waste receptacle and its contents shall be deemed abandoned property and may be disposed of in any manner authorized by law.
D. Upon posting of a written notice of violation upon an unauthorized bin, dumpster or waste receptacle, the customer using the same shall immediately cease placing solid waste therein.
E. For purposes of this section, the terms "bin", "dumpster" and/or "waste receptacle" shall mean and include any form of solid waste or recyclable materials receptacle which is placed for collection upon any public or private property within the city by any person or entity that is not a permittee.
F. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this section. Any person, firm, partnership or corporation violating any provisions of this section or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this section is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this section.
G. The violation of any of the provisions of this section shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
(Ord. 1031, passed 12-21-99)
Excepting existing rights that the city reserves to itself, or as otherwise provided in this chapter, persons to whom the city may issue a permit and the agents, servants and employees of any such person, while the permit is in effect, may be granted the exclusive right to gather, collect and remove solid waste, recyclables and/or green waste from premises within the city, subject to such terms and conditions as the Council may apply to the issuance of such permit.
(Ord. 990, passed 7-23-96)
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