A. 
The City is a "covered jurisdiction" and is subject to the Alameda County Waste Management Authority Mandatory Recycling Ordinance No. 2012-1 ("Mandatory Recycling Ordinance, The Ordinance"), passed on January 25, 2012, which requires, among other things, that covered jurisdictions implement commercial solid waste recycling programs that consist of education, outreach and monitoring of businesses and report to the State on the progress achieved in implementing the program.
B. 
Pursuant to Section 13 of the Ordinance, the following County implementation schedule is hereby adopted by the City and applies to the provisions of this chapter:
Phase Number: Effective Date
Entities Subject to Ordinance
Materials Covered
Phase 1:
July 1, 2012
Business property owners and business waste generators within covered jurisdictions with 4 cubic yards or more of solid waste (excluding recyclables and solid waste generated under a permitted building project) collection service per week as of November 1, 2011, or any later date. Multifamily building property owners within covered jurisdictions. Self-haulers transporting solid waste originating in Alameda County. Regulated haulers operating within covered jurisdictions.
Corrugated cardboard, newspaper, white paper, mixed recyclable paper, recyclable food and beverage glass containers, metal (aluminum and steel) food and beverage cans, HDPE and PET bottles.
Phase 2:
July 1, 2014
All business and multi-family building property owners and business waste generators within covered jurisdictions. Self-haulers transporting solid waste originating in Alameda County. Regulated haulers operating within covered jurisdictions.
Covered materials in Phase 1, plus discarded food and compostable paper.
(Ord. 771-12 § 2, 2012)
A. 
Collection and Disposal of Solid Waste. All solid waste created, produced or accumulated in or about a dwelling, house, or residential premises in the City shall be placed for collection by the occupant of the respective premises in the container provided by the solid waste franchisee. All solid waste created, produced or accumulated at businesses, hotels, restaurants, boardinghouses or other commercial and industrial premises situated in the City shall be placed for collection by any person generating solid waste at, or who has control over operations conducted at such premises. Solid waste shall be collected from premises and disposed of at least once each week by the City's solid waste franchisee, unless excepted by Section 7.04.170. The Alameda County Health Department may require a greater number of collections per week. It is declared to be unlawful and an infraction, for the occupant of any of the above-described premises to fail or neglect to provide for the collection and disposal of solid waste pursuant to this chapter. Each day's violation of this section shall be treated and considered as a separate and distinct offense.
B. 
Illegal Disposal of Solid Waste. It is unlawful for any person in the City to deposit solid waste container(s) upon any street, alley, gutter, parkway, or upon any lot or vacant area or other public place or way unless such solid waste is placed for collection subject to this chapter.
C. 
Collection of Recyclable Material. All recyclable materials created, produced or accumulated in or about a dwelling, house, or residential premises in the City shall be placed for collection by the occupant of the respective premises. All recyclable materials created, produced or accumulated at a business or a multifamily building shall be placed for collection by any person generating such recyclable materials at, or who has control over, operations conducted at such premises. Each property owner of a business or multifamily building shall be responsible for ensuring that source separated covered materials generated at their property are collected and transported to facilities that recycle such covered materials or that all solid waste is taken and processed through high diversion mixed waste processing facilities, as required by the Mandatory Recycling Ordinance. All businesses that are waste generators in the City shall not discard covered materials such that they will be deposited in landfill(s), pursuant to the Mandatory Recycling Ordinance.
All recyclable materials placed for collection shall be collected from the premises at least once each week by the recycling franchisee(s). Nothing in this chapter shall prohibit the owner of recyclable material from separating such materials from their solid waste and placing them for collection by a recycler permitted by the City who shall compensate the owner for the recyclable material.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001; Ord. 762-11 § 3, 2011; Ord. 771-12 § 2, 2012)
A. 
Residential Solid Waste Containers. Occupants of each residential premises shall use a solid waste container supplied by the solid waste franchisee. The combined weight of the container and contents shall not exceed the weight limit specified in the City-approved program. All ashes, when placed for collection, shall be cold and free from any fire, live coals, or other substances which might ignite.
B. 
Commercial and Industrial Solid Waste Containers. Occupants of commercial and industrial premises shall place solid waste in containers provided by the solid waste franchisee that shall be:
1. 
Leak proof and provided with a lid; and
2. 
Constructed of noncombustible materials and provided with a noncombustible lid; and
3. 
Approved by the City as providing adequate protection against fire hazard; and
4. 
Located within enclosures designed for this purpose.
C. 
Organic Waste Containers. Occupants of all properties within the City that receive service from the solid waste franchisee shall separate and place organic waste in containers provided by the solid waste and/or recycling franchisee.
D. 
Recycling Containers. Occupants of all properties within the City that receive service from the recycling franchisee shall separate and place recyclable material in containers that are provided by the City's recycling franchisee. Each property owner of a business or multifamily building shall be responsible for providing container(s) for source separated covered materials generated at its property, as required by the Mandatory Recycling Ordinance. These containers must be of sufficient number and size to hold recyclable and refuse quantities reasonably anticipated to be generated at the location, and bear prominent signage on or near the containers clearly describing the proper segregation and storage of recyclable and refuse materials.
E. 
Filling of Containers. No occupant shall so fill any container with solid waste, organic waste, or recyclable material above the top of the container to such an extent as to permit the contents of any container to be blown or otherwise strewn about.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001; Ord. 762-11 § 3, 2011; Ord. 771-12 § 2, 2012)
A. 
Any enclosure that accommodates solid waste, organic waste and/or recycling containers shall comply with the following standards.
1. 
Enclosure shall, at a minimum, be sufficient in capacity and number to accommodate a weekly pick-up schedule as determined by the solid waste and recycling franchisee(s).
2. 
Enclosure shall be covered with a non-combustible material, drain to the sanitary sewer, include a hose bib for periodic wash down and meet all applicable local and state requirements.
3. 
Siting and design of new enclosure shall be reviewed by the solid waste and recycling franchisee(s) prior to building permit issuance.
4. 
Enclosure shall consist of walls matching the material, texture and color of the building and gates of heavy gauge corrugated steel, or other material approved by the Economic and Community Development Department.
5. 
Enclosure shall not be located in any landscaping, setback or parking areas required by Title 18.
6. 
Enclosure shall not be located in any circulation aisles or publicly owned rights-of-way where they may disrupt circulation patterns or emergency vehicle access.
7. 
The area around and inside the enclosure shall be lit at a minimum lighting level of 1.0 foot candle. A motion sensor is required.
8. 
To the extent practicable, enclosure shall be sited to mitigate aesthetic impacts and security concerns and prevent adverse impacts, such as noise and odors.
9. 
To the extent practicable, enclosure shall be accessible and convenient for those who deposit as well as those who collect and load any materials placed therein.
10. 
To the extent practicable, trees, shrubs and climbing vines shall be planted around the enclosure to provide screening.
11. 
The Economic and Community Development Department shall be responsible for ensuring compliance with the requirements listed in this subsection.
B. 
Enclosures that accommodate solid waste, organic waste, or recycling containers shall be required for development projects requiring site development review on or after the effective date of the ordinance codified in this chapter, shall be designed consistent with the provisions listed in Section 7.04.055(A).
C. 
An existing enclosure shall be upgraded or a new enclosure shall be provided, where none currently exists, consistent with the provisions listed in Section 7.04.055(A) for the following development projects:
1. 
Improvements to areas of a public facility used for collecting and loading solid waste; and
2. 
Alteration(s) which exceed a building permit valuation of one million dollars.
D. 
An existing enclosure shall be upgraded or a new enclosure shall be provided, where none currently exists, consistent with the provisions listed in Section 7.04.055(A) to the extent practicable, for the following development projects:
1. 
Establishment of a new use in an existing building or portion of an existing building, on or after the effective date of the ordinance codified in this chapter, that utilizes or handles organic waste in their day to day operations. Uses that utilize or handle organic waste in their day to day operations include, but are not limited to, food stores, restaurants, retail and carry out food stores, and food manufacturing facilities. New or upgraded enclosures associated with multi-tenant buildings shall, at a minimum, be sufficiently designed to serve the new use.
2. 
Establishment of a new use in an existing building or portion of an existing building, on or after the effective date of the ordinance codified in this chapter, that has the potential to discharge pollutants into the stormwater system, as determined by the Environmental Programs Division. New or upgraded enclosures associated with multi-tenant buildings shall, at a minimum, be sufficiently designed to serve the new use.
3. 
Any new enclosure or an enclosure that is required to be upgraded as a result of this subsection, which cannot be sited or designed consistent with the provisions listed in Section 7.04.055(A), shall be approved by the Economic and Community Development Director and Solid Waste Recycling Coordinator on a case-by-case basis.
4. 
Nothing within this subsection shall be construed as circumventing the requirements listed in Section 7.04.030.
(Ord. 771-12 § 2, 2012)
A. 
Compactors shall not be allowed for solid waste or organic waste unless it can be demonstrated that the volume of solid waste, and/or organic waste is sufficient to warrant a weekly pick-up schedule as determined by the Solid Waste Recycling Coordinator and the City's Solid Waste and Recycling franchisee(s).
B. 
Installation of a compactor shall not supplant the requirement for adequate enclosure space for solid waste, organic waste and recyclable materials, which are sited and designed consistent with the provisions listed in Section 7.04.055(A).
C. 
Compactors, utilized for the disposal of solid waste or organic waste, are required to be self-contained to prevent leaks and spills. Areas where compactors are located must comply with the regulations listed in the latest Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit. All spills must be contained to avoid contaminated runoff from entering the storm drain system.
D. 
All compactors shall be located in the rear of the site or adequately screened from the public way. Specific location of compactors shall be approved by the solid waste or recycling franchisee prior to building permit issuance.
(Ord. 771-12 § 2, 2012)
Each property owner of a business or multifamily building shall provide information at least annually for tenants, employees and contractors of waste generator obligations under the Mandatory Recycling Ordinance (if any) to keep covered materials separate from refuse (when applicable) and the location of containers and the rules governing their use at each property. This same information shall also be provided to new tenants no later than fourteen days after such tenants move in and no less than fourteen days before tenants move out, unless a tenant does not provide fourteen or more days notice to the property owner before leaving.
(Ord. 771-12 § 2, 2012)
It shall be the duty of occupants to place the containers for collection of solid waste, organic waste and recyclable material, by the solid waste and recycling franchisees as follows:
A. 
Proper Placement of Containers. Any container used for the purpose of reception and removal of solid waste, organic waste or recyclable material shall be placed at the curb in front of the premises occupied by the person depositing the same, to be collected by the solid waste and recycling franchisees unless the occupant is authorized by the City Manager to place containers in the backyard or side yard. In all cases of disputes or complaints concerning the place where solid waste, organic waste and recyclable material containers shall be placed while waiting for the removal of their contents, the City Manager shall designate the proper place.
B. 
Time of Placement of Containers. Occupants of residential and commercial and industrial premises shall not place at the curb, solid waste, organic waste or recyclable material containers for collection by the solid waste and recycling franchisees at any time earlier than sunset of the day preceding the day designated for collection by the solid waste and recycling franchisees for the collection of such solid waste, recyclable material or organic waste. All solid waste, organic waste and recyclable material containers shall be moved from the place of collection prior to midnight of the day the containers have been emptied unless the solid waste or recycling franchisee(s) fails to collect the solid waste, organic waste or recyclable material as scheduled and alternative collection arrangements are made. All residential properties utilizing curb-side collection shall store containers in a screened location that it is not visible from the public right-of-way unless containers are in the appropriate place of collection during the allowed time frame.
C. 
Supervision of Containers. Each occupant of residential, commercial and industrial premises shall maintain supervision and surveillance over the solid waste, organic waste and recyclable material containers on the premises and shall maintain the same in a sanitary condition. If the container or containers should not be emptied and the contents removed on the date and time scheduled by the solid waste and recycling franchisees, occupant should immediately notify the solid waste or recycling franchisees and it shall be the duty of the solid waste or recycling franchisees to forthwith arrange for the collection of the solid waste, organic waste and recyclable material.
D. 
Unauthorized Tampering with Containers. No person other than the waste generator or any employee thereof, franchisee or permittee of the City shall move, remove, or interfere with any container or the contents thereof.
(Ord. 433-94 § 3, 1994; Ord. 533-99 § 1 (1), 1999; Ord. 576-01 Exh. B, 2001; Ord. 757-11 § 1, 2011; Ord. 762-11 § 3, 2011)
A. 
Residential Solid Waste Collection Services. The solid waste franchisee shall collect and dispose of all solid waste generated at residential premises within the City and placed for its collection, not less than once each week, as scheduled. Solid waste containers shall be returned by the solid waste franchisee to the collection point upright, with lids properly secured. The solid waste franchisee shall make special arrangements with occupants of residential premises for the collection of excess material or bulky waste. The solid waste franchisee shall make special arrangements for the provision of solid waste containers (bins or debris boxes) to occupants of residential premises on a rental basis.
B. 
Residential Organic Waste Collection Services. The solid waste franchisee shall collect organic waste placed for collection from residential premises not less than every other week, as scheduled. Organic waste containers shall be returned by the solid waste franchisee to the collection point upright, with lids properly secured. The solid waste franchisee shall also collect Christmas trees placed for its collection from residential premises between December 26th and January 13th. All such organic waste shall be processed for use as compost, mulch or soil amendment and none shall be deposited for disposal. The solid waste franchisee must ensure that the City receive the maximum diversion credit possible towards its AB 939 diversion goals.
C. 
Residential, Commercial and Industrial Recycling Collection Services. The recycling franchisee(s) or permittee(s) shall collect recyclable material placed for collection from all residential, commercial, and industrial premises not less than once per week, as scheduled or as directed by the City Manager. All such recyclable material shall be recycled or reused and none shall be deposited for disposal. The recycling franchisee(s) must ensure that the City receives the maximum diversion credit possible towards its AB 939 goals.
D. 
Commercial and Industrial Solid Waste Collection Services. The solid waste franchisee shall collect and dispose of all solid waste generated at commercial and industrial premises within the City and delivered to a can or bin for its collection from one to five times per week unless special arrangement is made with each occupant. The solid waste franchisee shall also collect and dispose of all solid waste generated at commercial and industrial premises within the City and delivered for its collection to a debris box as scheduled with each occupant. The solid waste franchisee shall also collect and dispose of all solid waste generated at construction and demolition sites and delivered for its collection to a debris box or bin, as scheduled with each waste generator of construction and demolition debris. All concrete, asphalt and dirt shall be diverted by the solid waste franchisee to available facilities whenever possible.
E. 
Clean-Up Events/Bulky Item Pickups. Upon request, and up to twice annually, the solid waste franchisee shall collect nonputrescible, bulky solid waste, including appliances from single-family dwelling units and shall divert from disposal as much material as possible and shall properly dispose of residual material. There shall be no charge for this service. The materials to be collected under this section shall be defined in the franchise agreement between the City and the solid waste franchisee.
F. 
Collection/Spillage. The solid waste and recycling franchisees shall exercise all reasonable care and diligence in collecting solid waste, organic waste and recyclable material so as to prevent spilling, scattering or dropping such waste and materials and shall immediately, at the time of occurrence, clean up any spillage.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001; Ord. 762-11 § 3, 2011)
A. 
The solid waste and recycling franchisees shall be entitled to payment from the property owner for any services rendered.
B. 
Upon the expiration of the period during which the solid waste and recycling franchisees have rendered service and have presented the property owner with a bill for such service, if the bill has not been paid in full, the solid waste and recycling franchisees shall send to the property owner a second request for payment.
C. 
Upon the expiration of not less than ten days following the mailing of the second request for payment by the solid waste and recycling franchisees, if the bill remains unpaid, the solid waste and recycling franchisees may notify the City Finance Director of the name(s) of said owner(s), the address of the dwelling served, the period of such service, the amount due, the steps taken to secure payment, and such other information as the City Finance Director may reasonably require. Such information shall be submitted by the solid waste and recycling franchisees to the City Finance Director not more than ninety days following the end of the service period.
D. 
Should there be a failure by a property owner to make payment for any services rendered by the solid waste and recycling franchisees, the means for effecting payment shall be in accordance with the procedure set forth in Sections 7.04.064 through 7.04.069 of this chapter, and may result in an assessment and lien against the property.
(Ord. 762-11 § 3, 2011)
A. 
After making payment to the solid waste and recycling franchisee, the City Finance Director will set a time and place for an administrative hearing to allow the owner(s) of premises against which delinquent charges are assessed an opportunity to protest the charges. The City Finance Director shall cause notice of this hearing to be mailed to each person to whom such described property is assessed in the most recent property ownership records provided to the City by the County Assessor on the date that the City Finance Director causes notice to be mailed. Notice of this hearing may be combined with notice of the hearing before the City Council as provided herein under Section 7.04.066.
B. 
At the administrative hearing, the City Manager, or authorized designee, and representative(s) of the solid waste and recycling franchisees will hear any protests regarding delinquent charges for services rendered, investigate the protest, and report their findings to the property owner prior to the hearing before the City Council provided in Section 7.04.066 of this chapter. The City Manager may waive the service charge in those cases where he or she has found that the charges have been made improperly; or where the property owner was improperly notified of the delinquent service charge; or recommend to the City Council that the owner receive no waiver of payment of any charges.
(Ord. 762-11 § 3, 2011)
A. 
Annually, the City Manager shall transmit to the City Council a report of delinquent collection charges to date.
B. 
The City Manager shall cause written notice of the report of delinquent charges and a public hearing to be mailed to the owner of the premises to which the service was rendered not less than ten days prior to the date of hearing. Such written notice shall be mailed to the owner of each premises that is assessed in the most recent property ownership records provided to the city by the County Assessor on the date the City Manager causes notice to be mailed.
C. 
At the hearing, the City Council may make revisions to the report and adopt these revisions by resolution.
(Ord. 762-11 § 3, 2011)
A. 
Upon confirmation of the report of delinquent charges by the City Council, the City Finance Director shall file the report listing the unpaid delinquent charges with the County Assessor for inclusion in the next property tax assessment, as well as a procedural fee in an amount equal to the amount charged by the Alameda County Recorder's Office for a County service charge and a release of lien filing fee, if any.
B. 
Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedures of sale as provided for delinquent ordinary municipal taxes. The assessment shall be subordinate to all existing special assessment liens previously imposed upon the premises and paramount to all other liens except for those of State, County and municipal taxes, with which it shall be upon parity. The lien shall continue until the assessment and all interest and charges due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments.
(Ord. 762-11 § 3, 2011)
It is unlawful for any person to store or accumulate any solid waste in any container or at any location other than as set forth in this chapter, or for any length of time other than as follows:
A. 
Putrescible Waste. Except as described in subsection C of this section, putrescible solid waste shall not be accumulated or stored for a period of time in excess of:
1. 
Commercial and industrial zone areas: one week, unless instructed by the City to decrease the period of accumulation; and
2. 
All other areas: one week.
B. 
Nonputrescible Waste. Nonputrescible solid waste shall not be stored or accumulated for a period of time in excess of one week.
C. 
Organic Waste. Organic waste shall not be stored or accumulated for a period of time in excess of two weeks.
D. 
Holidays. The above periods of time which end in any week in which the holidays described in the franchise or recycling agreement occur are extended one additional day.
E. 
Storage Prohibited—Private Property. Other than as herein set forth, it is unlawful for any person to dump, bury, or otherwise dispose of or store or accumulate any solid waste on any private or public property within the City, provided, however, that leaves, grass clippings, and the like may be permitted for the purpose of backyard composting or mulching.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001; Ord. 762-11 § 3, 2011)
A. 
Organic Waste Processing. Effective January 1, 1995, the solid waste franchisee shall process, or shall deliver to a permitted organic waste processing facility, collected organic waste in a manner satisfactory to the City and in accordance with all Federal, State and local laws and regulations.
B. 
Other Processing. The City reserves the option, upon ninety days notice, prior to disposal, to direct the franchisee to deliver solid waste collected under this chapter to a MRF under contract with the City for separation and recycling of any recyclable material contained therein. The solid waste franchisee shall assist the City in routing its collection activities and identifying loads suitable for processing in the MRF in order to maximize diversion of waste from disposal sites. Said option shall only be exercised in writing authorized by City Council resolution.
C. 
Recyclable Material Processing. The recycling franchisee shall process, broker, or shall deliver to a permitted processing facility collected recyclable material in a manner satisfactory to the City and in accordance with all Federal, State and local laws and regulations.
D. 
Transfer. The transfer of solid waste within the City limits from vehicles used in the collection of solid waste to vehicles used for the transport or disposal of solid waste shall be performed in accordance with all Federal or State law or regulation or any County or City ordinance or regulation. Should the City operate or contract with the operator of a transfer facility, users shall follow the rules set down for the facility by the City Manager.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001; Ord. 762-11 § 3, 2011)
A. 
Compliance with Laws. Solid waste franchisees, persons operating pursuant to permits issued by the City pursuant to Article IV of this chapter, and waste generators disposing of their own solid waste shall dispose of solid wastes at a disposal site, transfer facility or processing facility in a manner satisfactory to the City and in accordance with all Federal, State and local laws and regulations.
B. 
Disposal Agreement. Beginning on September 1, 1994, the solid waste franchisee must dispose of solid waste at the Tri-Cities Recycling and Disposal Facility or the Altamont Landfill, in accordance with the disposal agreement.
C. 
Special Collection and Disposal Provisions.
1. 
The removal of wearing apparel, bedding or other infectious waste from homes, hospitals or other places where highly infectious or contagious diseases have prevailed, shall be performed under the supervision and direction of the Health Officer and such infectious waste shall neither be placed in containers nor left for regular collection and disposal.
2. 
Highly inflammable, explosive/radioactive, or other hazardous waste shall not be placed in container or containers for regular collection and disposal, but shall be removed by separate agreement, at the occupant's expense, in accordance with all Federal, State and local laws and regulations with a company properly licensed and permitted for the collection and disposal of inflammable, explosive/radioactive or other hazardous waste. If the solid waste or recycling franchisee determines that waste placed in any container for collection or delivered to any facility is hazardous waste, designated waste, or other waste that may not legally be disposed of at the disposal site or presents a hazard to the franchisee's employees, the franchisee shall have the right to refuse to accept such waste.
3. 
Solid waste containing water or other liquids shall be drained before being placed in a container or containers for collection and disposal.
4. 
Animal waste(s), as herein defined, shall not be placed in containers, or containers for regular collection and disposal, but shall be removed by separate agreement, at the occupant's expense, in accordance with all Federal, State and local laws and regulations.
5. 
The solid waste franchisee shall not be required to collect and dispose of solid waste or any other material from any place where highly infectious or contagious disease has prevailed. The franchisee shall, nevertheless, keep a record listing the address of the waste identified in this subsection(s) which shall be given to the City Manager on the date collection is refused. When any solid waste or organic waste is not collected by the solid waste franchisee, the solid waste franchisee shall leave a tag on which the reason for refusal to collect and dispose of the solid waste or organic waste is indicated, giving references to the City ordinance codified in this chapter or to the section of rules and regulations, or contract, which has been violated and which gives grounds for refusal. This information shall be either in writing or by means of a check system. The tag shall be securely fastened to the container or the article refused.
6. 
The recycling franchisee shall not be required to collect and dispose of recyclable material that is contaminated with solid waste or other material to such a degree that if commingled with other recyclable material, would require all or part of the total commingled recyclable material to be disposed of. The recycling franchisee should notify occupants of violations as described in the recycling agreement with the City.
D. 
Burning, Dumping or Burying Solid Waste Prohibited. No person shall burn, dump, place or bury within the City any solid waste, or any other deleterious or offensive substance; provided, however, that this section shall not apply to any land approved by the City for a disposal site or to any privately-owned parcel wherein a specific waiver of this section is granted by the City Manager due to unusual or extraordinary conditions.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001; Ord. 762-11 § 3, 2011)