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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)
(A) Nothing in this chapter should be interpreted to prevent any person from carrying his or her own solid waste including garbage, recyclable materials, and organic waste to an approved public or private disposal site for which a valid permit is in effect.
(B) It is unlawful for any person transporting solid waste within the city to suffer, allow, or permit any portion of the load to be lost in transit.
(Ord. 943-C.S., passed 2-21-23)
(A) It is unlawful for any person to throw or deposit any solid waste materials, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park, or other public place. Except for clean fill, and finished compost, it shall be unlawful to throw or deposit solid waste in or upon any vacant lot or back yard, or to store or keep the same otherwise than in containers or bins as required by this chapter.
(B) It is unlawful to have, store, deposit, or keep solid waste where rodents can have access thereto or feed thereon.
(C) Each day's violation of this section will be treated, considered, and be a separate and distinct offense.
(D) It is unlawful for any person to knowingly deposit in any container for collection by a commercial refuse collector, any of the following materials:
(1) Hazardous wastes or other prohibited waste as defined by state law.
(2) Liquid wastes, including petroleum products or septage.
(3) Automobiles, automobile bodies, automobile frames, engines or engine blocks or portions thereof. Light-gauge automobile parts such as hoods, doors, grilles, or fenders are permitted.
(4) Animal bodies or portions thereof, except for dogs, cats or smaller animals, not exceeding 25 pounds each, on an individual basis or as permitted by local disposal facility.
(5) Hot ashes or burning material.
(6) Fish processing wastes more than four days old.
(Ord. 943-C.S., passed 2-21-23)
The city may provide waivers for generators in the following manner, at the city's discretion:
(A) De minimis waivers. The city may waive a commercial business' obligation to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described below.
(B) Commercial businesses requesting a de minimis waiver must:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation that shows total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a green container comprises less than ten gallons per week per applicable container of the business' total waste.
(2) Notify the city if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(Ord. 943-C.S., passed 2-21-23)
(A) Appear and show cause for exclusion.
(1) Any written notice sent to a property owner must include an option to appear before the City Manager, or a designated representative, at a time specified within the notice to show cause why such person should not be required to subscribe for the collection of garbage, recyclables, and organic waste. In addition, any property owner not receiving a notice may arrange to appear before the City Manager, or a designated representative, at a time specified to show cause why such person should not be required to subscribe for the collection service. At the appearance, the Manager may find excluded from the requirements of said section only those persons who show:
(a) That they are not owners of the property mentioned; or
(b) That the property is not within the city limits; or
(c) That the property is vacant; or
(d) That the residential unit or structure on the property is vacant or temporarily unoccupied for a period in excess of one month; or
(e) Unique parcel specific conditions which compel the property owner, tenant or occupant to self haul their garbage, recyclables and organic waste to the transfer station. Such conditions may include properties with long, narrow or steep driveways where the franchisee, in the opinion of the City Manager, is unable to properly and safely use the franchisee's equipment, and granting such exclusion would not create a nuisance; or
(f) That the owner or occupant legally recycles and composts virtually all their solid waste so that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by them if they are not provided with collection and disposal services by a collector.
(2) Declaration required.
(a) All persons claiming an exclusion per this section must occupy the property and will be asked to sign a declaration or affidavit, under penalty of perjury, once per year stating that they legally recycle and compost virtually all their solid waste so that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by them.
(b) The signed affidavit must be submitted in person, electronically or through the mail on or before June 1 in order to be excluded from subscribing to collection services for the subsequent fiscal year (July 1 through June 30). Those affidavits submitted electronically must have a timestamp on or before June 1. Those affidavits submitted through the mail must be postmarked on or before June 1. There will be a five-day grace period for extenuating circumstances as deemed appropriate by the City Manager, or a designated representative.
(B) Any exclusion granted by the City Manager is revocable for cause, as determined by the City Manager. Any exclusion granted by the City Manager can be made conditional, as needed to ensure continuing eligibility. Violations of any such conditions can result in the revocation of the exemption, and/or result in the assessment of penalties under Eureka Municipal Code § 10.99.
(Ord. 943-C.S., passed 2-21-23)
The owner of any premises required to subscribe to a collection service under this chapter may discontinue service when the premises are vacant or the occupant is traveling out of town for one or more months. The owner is required to submit written notice of such vacancy to the city's franchise collector/hauler. Monthly collection fees will continue to accrue until such time as notice is received by the city's franchise collector/hauler. This section may be used by the owner no more than twice per calendar year. In the event of a dispute arising under this section, the dispute shall be reviewed as set forth in this chapter.
(Ord. 943-C.S., passed 2-21-23)
The city's franchise collector/hauler shall be responsible for billing collection subscribers. In the event that accounts become more than 60 days delinquent, the franchise collector/hauler may submit those accounts to the city for collection. The franchise collector/hauler shall not cease to provide for properties which have delinquent accounts.
(Ord. 943-C.S., passed 2-21-23)
(A) Metered rates. The city's franchise collector/hauler will include metered service which provides market based incentives to reduce waste and increase waste diversion through curbside collection of recyclable waste materials. Metered service will require that residents and other users, particularly those who recycle and compost the vast majority of their waste, have the opportunity to pay lower rates for smaller garbage bins/carts, thus encouraging higher rates of waste diversion.
(B) Appropriate rates. The accumulation of solid waste in certain instances may be so far above the normal or average, that the rates approved by the City Council may not be sufficient to fairly compensate the collector for collecting the same, or the accumulation of solid waste in certain instances may be so far below the normal average that the rates fixed by the City Council may not be fair and just to the property owner obligated to pay for the removal of solid waste. If, after attempting to resolve the rate difference, either the collector or the property owner believes such to be the fact, a written application may be made to the City Manager for potential relief, and it will be the duty of the City Manager to make an investigation and, if possible, to fix a rate fair to both parties.
(C) Disputes over charges made by collectors, or as to the character of the service performed, will be decided by the City Manager or designee.
(Ord. 943-C.S., passed 2-21-23)
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