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(A) Use of city's franchise collection/hauler service required.
(1) The periodic collection of garbage, recyclable items, organics and other solid waste materials from improved properties in the city benefits occupants of places and premises in the city, and promotes and protects the health, safety and welfare of all residents of the city. Therefore, collection services provided by the city's franchise collector/hauler are mandatory for all owners of improved property within the city in or from which solid waste is created, accumulated or produced.
(2) Solid waste must be regulated to the extent necessary to protect the health, safety, and welfare of the public, to conserve disposal capacity, to meet state laws and to ensure cost effective public service. To this end, the City Council finds that to give practical effect to this policy, a mandatory collection ordinance to regulate the collection of waste, and a comprehensive system for the storage, collection, removal, transport, recovery of marketable and recyclable materials, compostable materials and disposal of solid waste in the city is essential.
(B) Applicability.
(1) Mandatory collection service is required for the three-bin collection of garbage, recyclable items, organics and other solid waste materials generated on all occupied properties within the city, as identified in this chapter. As mandatory collection service is implemented and becomes available pursuant to the subscription guidelines of this chapter, the owner, tenant or occupant of every parcel with one or more businesses and/or residential buildings approved for occupancy and located within the city must subscribe to and thereafter use regularly the collection service franchised by the city.
(2) No provision herein contained should be construed to conflict with any provision of the Integrated Waste Management Act, the Medical Waste Management Act, or any other state or federal law. In the event such a conflict exists, or should exist in the future, state or federal law should be controlling. This chapter is not intended, nor shall it apply to transfer stations or other solid waste disposal facilities.
(C) Subscription to collection service. Subscription to mandatory collection service should not be required until the service becomes available to each affected property. The property owner of each occupied premises must assume responsibility for subscribing to collection service within seven days of either written notification from the city or occupancy of the premises, whichever is sooner. At the city's discretion, providing collection service to all properties may be implemented in phases as determined by what is most efficient and cost effective and as programs become available and economically viable.
(D) Property owner responsible for securing collection service. The owner of any improved property in or from which garbage, recyclable and organic materials is created, accumulated or produced is responsible for subscribing to the collection service to be rendered to such property by the city's franchised collection service. It is the property owner's responsibility, not the tenant's, to secure and maintain collection services.
(E) Payments on behalf of owner permitted. Nothing in this chapter is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments for collection service are made by a tenant or tenants, or any agent on behalf of the owner; however any such arrangement will not affect the owner's obligation to the city or to the franchise collector/hauler for payment for such service.
(G) Written notice required for non-use. The city's franchise collector/hauler must give written notice to the City Manager or designated representative of the address of any occupied premise within the city which is not subscribing to the collection and disposal service provided by the collection service franchised by the city.
(H) Failure to subscribe.
(1) If the City Manager has reason to believe that any person required to subscribe for service has failed to subscribe or failed to maintain a subscription for service, the City Manager may cause written notice to be mailed to the owner of the real property so affected directing the owner to subscribe for such service within ten days after the date of the notice.
(2) Any such notice must state that if the person to whom it is directed fails within the ten day period to subscribe for such collection service, or fails to appear and show sufficient cause why such person should not be required to subscribe, the Manager may authorize such service and the charges therefore will be assessed against the real property upon which the premises served are located.
(3) After notice and a public hearing, unpaid delinquent accounts may be confirmed by the City Council, and the amount confirmed will constitute a lien on the property. The lien will continue until the amount of the charges and interest thereon at the legal rate, computed from the date of confirmation of the charge, is paid in full or until it is discharged of record.
(4) Alternatively, or in addition, the confirmed amount may be made a personal obligation of the property owner of record. Alternatively, or in addition, the confirmed amount may be specially assessed against the real property involved, and collected at the same time and in the same manner as ordinary real property taxes.
(I) Exemptions. Property owned by federal, state or local governments will be exempt from the requirements of this section.
(Ord. 943-C.S., passed 2-21-23)
(A) Weekly recycling collection. In addition to mandatory garbage collection, mandatory curbside recycling collection service will be in effect for specific recyclables generated on premises within the city as identified in this chapter. The city's franchise collector/hauler will provide a separate cart for source-separated recyclable materials, and provide pickup service for these recyclable materials on a weekly basis. Designated recyclables must be stored separately from garbage and organic waste. Persons may place the recycling cart curbside on the day of the week scheduled for collection by the collector.
(B) Residential recycling collection system. The curbside collection of residential recyclables may utilize a single-stream collection system. The stream will include but not be limited to all recyclable containers, such as aluminum cans, aerosol cans, containers made of tin and bi-metal, glass bottles and jars, plastic bottles and packaging, and all paper/fiber, such as newspaper, magazines, white paper, colored paper, cardboard, junk mail, catalogues and phone books.
(C) Commercial recycling collection. The curbside collection of commercial recyclables may utilize a single-stream collection system. The stream will include but not be limited to all recyclable containers, such as aluminum cans, aerosol cans, containers made of tin and bi-metal, glass bottles and jars, plastic bottles and packaging, and all paper/fiber, such as newspaper, magazines, white paper, colored paper, cardboard, junk mail, catalogues and phone books. Collection of commercial recyclables may also include a cardboard bin for collection of cardboard only excluding packaging materials including but not limited to materials such as Styrofoam, packing peanuts, and plastic or wax lined cardboard.
(D) Upon the placement of recyclable materials in a designated recycling collection location for collection by an authorized franchise collector/hauler, the recyclable material will become the property of the authorized franchise collector/hauler.
(Ord. 943-C.S., passed 2-21-23)
(A) The curbside collection of residential bulky item/goods will be offered by the city's franchise collector/hauler. Each residential property owner may receive two collections per year, and may be used for disposal of white goods, brown goods and other items as approved by the franchise collector/hauler. Residents may contact the franchise collector/hauler directly to access this service. Bulky items/goods placed on the curb for collection will be placed separately from garbage and other recyclables. Many of these materials may be reused, recycled or composted, and are expected to be legally diverted from landfills whenever possible.
(B) Bulky items/goods which are placed in a designated recycling collection location for collection by the city's authorized franchise collector/hauler will remain the property of the bulky goods generator until such bulky goods are collected by such authorized franchise collector/hauler.
(C) Upon the collection of such bulky items/goods, such bulky items/goods will become the property of the authorized franchise collector/hauler or of the city as set forth in the agreement for collection of bulky items/goods entered into by the city and such franchise collector/hauler.
(Ord. 943-C.S., passed 2-21-23)
(A) A curbside organic waste collection service must be offered by the city's franchise collector/hauler. Residents may contact the franchise collector/hauler directly to establish service. Organic materials must be stored separately from garbage and recyclables. Upon establishment of service, the city's franchise collector/hauler will provide a separate bin/cart for diversion of organic waste materials, including food waste, grass clippings, branches, leaves and other yard waste.
(B) Organic waste includes food waste and green waste and the specifications of how these materials are sorted and collected will be determined by the franchise collector/hauler based on program availability and economic viability.
(C) Organic waste which is placed in a designated recycling collection location for collection under the city organic waste collection program will remain the property of the organic waste generator until such organic waste is collected by the city or an authorized franchise collector/hauler.
(D) Upon the collection of such organic waste, such waste will become the property of the authorized franchise collector/hauler or of the city as set forth in the agreement for collection of organic wastes entered into by the city and such franchise collector/hauler.
(Ord. 943-C.S., passed 2-21-23)
Single-family organic waste generators must comply with the following requirements:
(A) Must subscribe to city's organic waste collection services for all organic waste generated as described below in division (B). The city will have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; single-family generators will adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR § 18984.9(c).
(B) Will participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below and will not place prohibited container contaminants in collection containers.
(C) Generator will place source separated green container organic waste, including food waste in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators will not place materials designated for the gray container into the green container or blue container.
(Ord. 943-C.S., passed 2-21-23)
Generators that are commercial businesses, including multi-family residential dwellings, will:
(A) Subscribe to the city's three-container collection services and comply with requirements of those services as described below. The city will have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; commercial businesses will adjust their service level for their collection services as requested by the city.
(B) Participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below. Generator will place source separated green container organic waste, including food waste in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator will not place materials designated for the gray container into the green container or blue container.
(C) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and gray container collection service.
(D) Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR § 18984.9(b), the containers provided by the business will have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this division prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2023.
(E) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements in division (D) above pursuant to 14 CCR § 18984.9(b).
(F) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service.
(G) Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).
(H) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
(I) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
(J) Provide or arrange access for city or its agent to their properties during all inspections.
(K) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR § 18984.9(c).
(L) Commercial businesses that are tier one or tier two commercial edible food generators will comply with food recovery requirements.
(Ord. 943-C.S., passed 2-21-23)
No person will knowingly dispose of any prohibited waste with any garbage, organic waste or recyclable materials. Prohibited wastes will include all current hazardous substances, hazardous wastes, electronic wastes (e-waste), and all future prohibited substances or wastes determined to be hazardous by authorities or legislation. All such prohibited hazardous wastes will be collected, transported and disposed in compliance with all applicable federal, state, and local laws and regulations. A list of prohibited wastes will be available for review at the offices of the Humboldt Waste Management Authority.
(Ord. 943-C.S., passed 2-21-23)
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