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(A) No person, other than an authorized franchise collector/hauler, will remove solid waste, including garbage, recyclables, organic waste or bulky items/goods which have been placed in a designated collection location. Any and each such removal in violation hereof from any designated recycling collection location will constitute a separate and distinct offense.
(B) Any person who violates any provision of this chapter will be subject to the provisions of § 10.99 and may be charged with an infraction or misdemeanor at the discretion of the City Attorney. Each removal in violation of this chapter will constitute a separate and distinct offense.
(Ord. 943-C.S., passed 2-21-23)
(A) Contract.
(1) Term. An exclusive contract for the collection and disposal of solid waste for a period not to exceed ten years may be entered into by the city in accordance with and subject to the terms and conditions of this chapter.
(2) Bidding. The Council may award an exclusive contract with or without competitive bidding under the Cal. Public Resources Code for the collection of solid waste within the city.
(3) Extension of term. From time to time, the City Council, after a public hearing, may extend a contract for the collection and disposal of solid waste for successive periods of ten years each, provided that the Council finds the contractor is providing good service at competitive rates.
(4) Disposal plans. Such contract will provide that the contractor will collect and dispose the solid waste in the city in the manner provided in this chapter, and in accordance with applicable state and federal laws and regulations.
(5) Rates. The contractor will not charge any amount in excess of the rates specified by the City Council.
(6) Bond. The contractor may be required to furnish a surety bond to the city in an amount established by the City Council, conditioned upon the faithful performance of the contract and the provisions of this chapter.
(7) Sole and exclusive rights of contractor. The contractor will have the sole and exclusive right, subject to the provisions of this chapter, to collect all solid waste in the city and transport the same through the streets and public ways of the city. An exclusive right to collect all solid waste in the city will not be applicable to public entities, or to self-disposal as permitted by this chapter.
(8) Additional terms. The Council, by ordinance, will have power to provide for the inclusion in such contract of such terms as it deems necessary to protect the interests of the city.
(9) Award of contract. Before the Council awards a contract, the Council will consider the following: the proposed method of collection and disposal of solid waste; the financial stability of the collector or bidder; level of service to be provided by collector or bidder to the city; rates to be charged by the collector or bidder for collection; the level of service to be provided to city-owned public facilities; and quantity and quality of equipment and assets owned by the collector or bidder to be used in collection.
(B) Collection at city-owned facilities.
(1) City buildings and facilities. The entity to whom a collection contract is awarded will collect and dispose of the solid waste produced and generated at any city-owned and operated public building or facility, including but not limited to City Hall, City Police Station, City Main Fire Station and all fire stations, Wharfinger Building, Adorni Center, Municipal Auditorium, Sequoia Park and Zoo, Ryan Memorial Building, Municipal Corporation Yard, Wastewater Treatment Plant, the Eureka Marina, Eureka Boardwalk and Fisherman's Terminal and other city-owned and operated buildings, parks or playgrounds. Collection of such solid waste will be made at least once each week or per terms of an approved franchise contract.
(2) City containers. The city will place all solid waste in containers, bins, or hoppers ready for collection by the contractor.
(3) Street solid waste containers. The contractor, at no charge to the city, not less frequently than once a week, will service street garbage and recycling containers placed and maintained by the city on any public street or sidewalk.
(Ord. 943-C.S., passed 2-21-23)
(A) All equipment and containers used for the collection and hauling of solid waste will be so constructed and maintained as to prevent leakage, spillage, or overflow. All trucks and equipment will be clearly identified by an assigned equipment number and with the licensee's name and local telephone number affixed thereto.
(B) All collection vehicles will be well maintained, painted, clean and in satisfactory mechanical condition.
(C) For servicing large, bulky, dry loads, an open steel truck bed may be used provided adequate canvas or other covers are applied to restrict any loss of debris.
(Ord. 943-C.S., passed 2-21-23)
(A) City representatives and/or its designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection.
(B) Regulated entity must provide or arrange for access during all inspections (with the exception of residential property interiors) and must cooperate with the city's designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for access to an entity's premises or access to records for any inspection or investigation is a violation of this chapter and may result in penalties.
(C) Any records obtained by city or its designee during its inspections will be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Cal. Gov't Code §§ 6250 et seq.
(D) The city and/or designee are authorized to conduct any inspections as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(E) The city and/or designee will receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.
(Ord. 943-C.S., passed 2-21-23)
(A) The city has broad authority to enforce the provisions of this chapter including, but not limited to, issuance of a citation, a notice of violation, a notice to abate, an administrative fine, or a declaration of nuisance.
(B) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently substantial number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources. The city may record any notices as liens against the subject property.
(C) Responsible entity for enforcement. Enforcement pursuant to this chapter may be undertaken by the City Enforcement Official or their designee and the City Attorney.
(D) Process for enforcement.
(1) The City Enforcement Official and/or their designee will monitor compliance with the chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. The city may issue an official notification to notify regulated entities of its obligations under this chapter. The City Enforcement Official and/or their designee will issue a notice of violation requiring compliance within 60 days of issuance of the notice.
(2) Absent compliance by the respondent within the deadline set forth in the notice of violation, the city will commence an action to impose penalties, via an administrative citation and fine, pursuant to the city fine guidelines at the city's discretion. Notices will be sent to the "owner" at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
(3) Property owners in the city are responsible for violations caused by tenants.
(E) Penalty amounts for types of violations. The penalty amounts for types of violation will be consistent with the City of Eureka's Code § 10.99 and the city may update the penalty amounts, procedures and process from time to time to ensure compliance with this chapter.
(F) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the city's procedures in the city's codes for appeals of administrative citations § 10.47. The city will appoint a hearing officer who will conduct the hearing and issue a final written order. Any affected person who is dissatisfied with the determination of the City Manager may appeal the same to the City Council.
(G) Education period for non-compliance. Beginning January 1, 2023 and through December 31, 2023, the city or its designee will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance; and if the city determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it will provide educational materials to the entity describing its obligations under this chapter.
(H) Civil penalties for non-compliance. Beginning January 1, 2024, if the city and/or designee determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it will document the noncompliance or violation, issue a notice of violation, and take enforcement action.
(I) Fee disputes; limitations on time to challenge. Any subscriber that disputes for any reason a fee or charge imposed under the authority of this chapter may seek review of that fee as set forth in this section. Any and all fee disputes must be filed no later than 30 days after the fee or charge is assessed. If an appeal is not filed within 30 days, the fee or charge is final, unappealable, fully due and payable, and subject to all applicable collection and lien remedies.
(Ord. 943-C.S., passed 2-21-23)
(A) Requirements for all haulers providing residential, commercial, or industrial organic waste collection services to generators within the city's boundaries will meet the following requirements consistent with the franchise agreement(s), contract(s), agreement(s), or other authorization by the city to operate within the city:
(1) Through written notice to the city annually on or before May 1, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, materials and source separated green container organic waste.
(2) Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(3) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting c and d in a manner that complies with 14 CCR § 18989.1 and any additional city requirements.
(4) Comply with the SB 1383 regulation requirements as detailed and required by the city in related franchise agreement, contracts, or other authorization to meet these requirements for the following: collection container requirements, collection container color, collection container labeling, outreach and education, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into and approved by the city.
(B) Requirements for facility operators and community composting operations.
(1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works will, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city must respond within 60 days.
(2) Community composting operators, upon jurisdiction request, must provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city must respond within 60 days.
(Ord. 943-C.S., passed 2-21-23)
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