521-4. Standards for Removal of Solid Waste and Source Separated Materials.
(a) Provisions Declared Minimum Standards. The provisions of this chapter shall be the minimum requirements for the protection of the public health, safety, convenience and general welfare.
(b) Refuse Deposition – Private Property. No owner or occupant shall throw, drop, leave, dump, bury, burn, place or otherwise dispose of any refuse upon his/her premises, or allow any other person to dispose of refuse upon his/her premises except in a disposal site, container site, materials recovery facility (MRF), transfer station, recycling industry or authorized recycling entity approved by or acceptable to the County or as provided in this chapter and other County ordinances. Wood may be kept piled upon premises for household and/or agricultural use. Composting may be done provided it is done in a healthful manner and in conformance with guidelines as published by the County.
(c) General Refuse Removal Requirement. The owner or tenant of any premises, business establishment, or industry shall be responsible for the satisfactory removal of all refuse accumulated by him/her on his/her property or premises in accordance with State requirements (Title 14 of the California Code of Regulations Section 17331). The County may require removals as it deems necessary. The owner or tenant shall effect the removal of solid waste by one (1) of the following means:
(1) Collection Service. A person may elect to use the waste hauling services provided by a franchised collector in his/her collection area.
(2) Self-Haul Refuse Removal. A person may remove and dispose of refuse created, produced or accumulated without the necessity of a permit for that purpose; provided, however, that such removal and disposal is effected without compensation.
(d) Refuse Removal Requirements for Generators Subject to SB 1383.
(1) Single-Family Dwelling Organic Waste Generators Requirements.
(A) Single-family dwelling organic waste generators shall subscribe to the County’s three (3) container collection services and comply with the requirements of those services as described below, except single-family dwelling organic waste generators that meet the self-hauler requirements stated in subsection (d)(1)(C) of this section or have been granted a waiver pursuant to Section 521-12(e). Single-family organic waste generators shall adjust their level for their collection services as requested by the County.
(B) Single-family dwelling organic waste generators shall 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 shall not place materials designated for the gray container into the green container or blue container.
(C) Generators subject to SB 1383 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 Title 14 of the California Code of Regulations Section 18984.9(c).
(D) Generators shall not place prohibited container contaminants in the collection containers.
(2) Commercial Businesses, Including Multifamily Residential Dwellings Requirements.
(A) Commercial businesses shall subscribe to the County’s three (3) container collection services and comply with the requirements of those services as described below, except commercial businesses that meet the self-hauler requirements stated in subsection (d)(3) of this section or have been granted a waiver pursuant to Section 521-12(e). Commercial businesses shall adjust their level for their collection services as requested by the County.
(B) Generators subject to SB 1383 shall 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 shall not place materials designated for the gray container into the green container or blue container.
(3) Self-Hauler Requirements.
(A) The generator who is a self-hauler of organic waste shall comply with the following:
1. The generator shall source separate all organic waste generated on site in a manner consistent with Title 14 of the California Code of Regulations Section 18984.1 or 18984.2, or haul organic waste to a high diversion organic waste processing facility as specified in Section 18984.3.
2. The generator shall haul source separated organic waste to a solid waste facility operation, activity, or property that processes or recovers source separated organic waste.
3. The generator shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the County and shall be provided to the County if requested.
a. The records shall include delivery receipts and weight tickets from the entity accepting the waste.
b. The record shall indicate the amount of material in cubic yards or tons transported by the generator to each entity.
c. If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of waste received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
d. A single-family dwelling organic waste generator that self-hauls organic waste is not required to record or report the information identified in subsection (d)(3)(A)(3) of this section.
(B) A generator that is located in a jurisdiction or area that received a waiver under Title 14 of the California Code of Regulations Section 18984.12 and is not a business subject to the requirements of Section 42649.81 of the Public Resources Code is not required to comply with the requirements of this section.
(e) Mandatory Commercial Organics Recycling.
(1) A commercial business that is not subject to SB 1383 but that generates two (2) cubic yards or more of commercial solid waste, as defined in Public Resources Code Section 42649.1, per week or is a multifamily residential dwelling of five (5) units or more shall:
(A) Take at least one (1) of the following actions:
1. Source separate organic waste from other solid waste and subscribe to organic waste collection service provided by the County’s franchised hauler.
2. Source separate its own organic waste and self-haul to a solid waste facility operation, activity, or property that processes or recovers source separated organic waste.
3. Compost its organic waste on site and/or use a community composting site.
4. If separate organic waste collection services are not offered through the County’s franchised hauler, arrange for separate organic waste collection services until the County’s franchised hauler offers organic waste collection services.
(B) When arranging for gardening or landscaping services, require in the contract or work agreement that the organic waste generated by those services be managed in compliance with this chapter.
(2) A property owner may require a lessee or tenant of that property to source separate their organic waste to aid in compliance with this section.
(3) Exemptions. The County may approve exemptions from the requirements of this section on a case-by-case basis for any of the following reasons:
(A) Lack of sufficient space in multifamily residential dwellings or commercial businesses to provide additional containers for organic waste.
(B) The current implementation by a commercial business of actions that result in the recycling of a significant portion of its organic waste.
(C) The commercial business does not generate at least one-half (1/2) of a cubic yard of organic waste per week.
(D) Limited-term exemptions for extraordinary and unforeseen events.
(f) Mandatory Commercial Recycling.
(1) A commercial business that is not subject to SB 1383 but that generates four (4) cubic yards or more of commercial solid waste, as defined in Public Resources Code Section 42649.1, per week or is a multifamily residential dwelling of five (5) units or more shall take at least one (1) of the following actions:
(A) Source separate recyclable materials from solid waste and subscribe to recyclable materials collection service provided by the County’s franchised hauler.
(B) Source separate its own recyclable materials and self-haul to a facility that processes or recovers source separated recyclable materials.
(2) A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section.
(g) Hazardous Materials. No person shall deposit in any container used for refuse any explosive, volatile, radioactive, toxic or other hazardous waste or materials. The disposal of hazardous materials shall be made in accordance with State and Federal law.
(h) Tires and/or Hard-to-Handle Waste. No person shall deposit in any container used for refuse any tires and/or hard-to-handle waste or substance without having first made special arrangements for the disposal thereof with the solid waste collector. No person shall knowingly deposit any tires and/or hard-to-handle waste or substance in or at any disposal site without having first made special arrangements with the site operator.
(i) Use of Refuse. Notwithstanding the provisions of subsection (b) of this section, refuse may be used for animal feed, soil improvement, recycling or other beneficial purpose, provided such use complies with this chapter and all other laws and does not create a health menace or nuisance.
(j) Recyclable Material Disposal Requirements. It is unlawful for any person performing recyclable materials collection service as established herein to deposit, bury or dispose of any recyclable materials, except as allowed by this chapter. (Repealed and reenacted by Ord. 2696, § 2, 6/14/2022)