(Title and Section Amended by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.)
(a) Permit Required.
(1) Persons who collect, remove or transport Solid Waste, including Construction and Demolition Waste, Source-Separated Materials or Co-Mingled Recyclables, generated within the City, must obtain, in addition to all other required permits, an AB 939 Compliance Permit from the Bureau of Sanitation.
(2) Persons who arrange for the removal or transportation of Construction and Demolition Waste generated within the City, and who do not contract or otherwise arrange with a Permittee to remove or transport such Waste, must obtain an AB 939 Compliance Permit from the Bureau of Sanitation.
(3) Exceptions to Permit Requirement. Subdivision (1) of this Subsection does not apply to Self-Haulers who in the course of performing their primary business function incidentally collect, remove or transport Solid Waste (excluding Construction and Demolition Waste), Source-Separated Materials or Co-Mingled Recyclables, generated within the City, and the total amount of all such Wastes, Materials and Recyclables collected, removed or transported is less than one thousand (1,000) tons per year.
(4) Exceptions to Permit Requirement. Subdivision (1) of this Subsection does not apply to residence owners who generate Construction and Demolition Waste during the course of personally performing construction and demolition projects at their own residences and transport such Waste in their own vehicles.
(b) Construction and Demolition Waste Transportation Requirements.
(1) Every Person required to obtain an AB 939 Compliance Permit who collects, removes or transports Construction and Demolition Waste within the City must transport the Waste for disposition as follows:
(i) delivery of the Construction and Demolition Waste to a Certified Construction and Demolition Waste Processing Facility; or
(ii) delivery of the Construction and Demolition Waste to a facility other than a Certified Construction and Demolition Waste Processing Facility if at least two Certified Construction and Demolition Waste Processing Facilities refuse to accept the Waste and provide the Person with a rejection slip. Rejection slips must be maintained for a minimum of three years from the date the Person received the rejection slips.
(2) Subdivision (1) of this Subsection shall not apply to the collection, removal, or transportation of Source-Separated Material generated from a project within the City and delivered to a recycling facility, or segregated for on-site recycling.
(3) Subdivision (1) of this Subsection shall not apply to residence owners who generate Construction and Demolition Waste during the course of performing construction and demolition projects at their own residences and transport such Waste in their own vehicles.
(c) Reporting and Documentation Requirements.
(1) Every Person required to obtain an AB 939 Compliance Permit shall submit reports as required by the Bureau of Sanitation, on forms provided by the Bureau, documenting all disposal and diversion amounts of materials generated within the City and other information that the Bureau may require.
(2) Documentation. Every Person required to obtain an AB 939 Compliance Permit must maintain documentation of all disposal and diversion amounts of materials generated within the City and other documents that the Bureau may require. Such documentation includes, but is not limited to, invoices, weight tickets, rejection slips (where issued), weight tickets from a destination other than a Certified Construction and Demolition Waste Processing Facility (where issued), and documents identifying construction and demolition project location, quantity of Construction and Demolition Waste, quantity of Solid Waste, quantity of Source-Separated Material and Co-Mingled Recyclables, and destination of each load of material. The documentation required to be maintained by this Subdivision must be kept for at least three years from the date of document creation.
(d) Bins. Bins owned by Solid Waste Haulers that are used to collect, remove or transport Solid Waste, Construction and Demolition Waste, Co-Mingled Recyclables or Source-Separated Material generated within the City must be clearly marked with the Solid Waste Hauler’s name and phone number.
(e) Organic Waste Self-Hauler Requirements. (Added by Ord. No. 187,711, Eff. 1/18/23.)
(1) Self-Haulers shall Source-Separate all Recyclables and Organic Waste generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a high diversion Organic Waste processing facility as specified in 14 CCR Section 18984.3.
(2) An Organic Waste Self-Hauler who collects, removes, or transports Organic Waste within the City must deliver their Source-Separated green container Organic Waste to a Solid Waste facility, operation, or property that processes or recovers Source-Separated Organic Waste. Alternatively, Organic Waste Self- Haulers may haul Organic Waste to a high diversion Organic Waste processing facility.
(3) An Organic Waste Self-Hauler that is a commercial establishment (including Multi-family Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, or property that processes or recovers Organic Waste. Records shall be subject to Inspection in accordance with Section 66.06 of this Code and shall include the following information:
(i) Delivery receipts and weight tickets from the facility accepting the waste.
(ii) The amount of material in cubic yards or tons transported by the Organic Waste Self- Hauler to each facility.
(iii) If the material is transported to a facility that does not have scales on-site, or employs scales incapable of weighing the Organic Waste Self-Hauler’s vehicle in a manner that allows determination of the weight of materials received, the Organic Waste Self-Hauler is not required to record the weight of material but shall keep a record of the facilities that received the Organic Waste and the estimated amount of material in cubic yards or tons.
(4) Subdivision (1) of this subsection shall not apply to an owner of a residential property, such as a Single Family Dwelling or Multi-family Dwelling, generating Organic Waste derived exclusively from the performance of landscaping projects at the residential property that the owner transports in the owner’s vehicle.
(f) Transportation of Source-Separated Organic Waste. (Added by Ord. No. 187,711, Eff. 1/18/23.)
(1) Every Person required to obtain an AB 939 Compliance Permit who collects, removes, or transports Organic Waste within the City must:
(i) Transport Source-Separated Organic Waste to a facility, operation, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(ii) Identify the facility to which they will transport Organic Waste, including a facility for Source-Separated Organic Waste.