HomeMy WebLinkAbout941 - OrdinanceORDINANCE NO. 941
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA AMENDING CHAPTER 8.17 (REFUSE,
RECYCLABLES AND ORGANICS COLLECTION) AND
CHAPTER 8.19 (CONSTRUCTION AND DEMOLITION WASTE
COLLECTION) OF TITLE 8 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN
AS FOLLOWS:
Section 1. Chapter 8.17 of the Rancho Cucamonga Municipal Code is hereby
amended to read as follows:
"CHAPTER 8.17. — REFUSE, RECYCLABLES, AND ORGANICS COLLECTION
Sec. 8.17.020. - Definitions.
For the purpose of this chapter, the following words and phrases are defined and shall be
construed as hereinafter set out, unless it is apparent from the context that a different meaning
was intended:
Animal waste means manure or any form of solid excrement produced by any and all
forms of domestic animals or commercial livestock.
Authorized Collector means a solid waste enterprise operating under the provisions of a
Collection Agreement approved by the City Council.
Bin means a metal container with hinged lids and wheels with a capacity of less than ten
(10) cubic yards.
Bulky item means any large item that would not typically be accommodated within a cart,
including, but not limited to, appliances and furniture. Bulky items do not include car bodies, car
parts, Construction and Demolition Debris or items requiring more than two persons to move.
Cart means a plastic container with a hinged lid and wheels serviced by an automated or
semi -automated truck with a capacity of no less than thirty-two (32) and no greater than one
hundred and one (101) gallons.
City means the City of Rancho Cucamonga.
City Clerk means the city clerk of the City, or his or her designee.
City Manager means the city manager of the City, or his or her designee.
City Council means the City Council of the City.
Collection Agreement means an agreement approved by the City Council pursuant to
Section 8.17.040 of this Chapter, authorizing a solid waste enterprise to provide solid waste and
recyclables collection services within all or any part of the territory of the City.
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Commercial premises means, for the purposes of this chapter, all commercial and
industrial sites, including, but not restricted to, retail and wholesale stores, factories, service
shops, hospitals, convalescent homes, hotels, motels, restaurants, and office complexes,
however, not including residential premises.
Construction and demolition waste shall have the meaning ascribed in Section 8.19.020.
Container means any and all types of solid waste containers, including cans/barrels, carts,
bins and roll -off boxes.
E -waste means any electronic product nearing or at the end of its useful life, including, but
not limited to, computers and their components, televisions, VCRs, stereos, copiers and fax
machines.
ESD Director means the Engineering Services Department Director, or his or her
designee.
Engineering Services Department or ESD means the Engineering Services Department
of the City.
Food waste means all kitchen and table scraps; animal and vegetable waste that is
generated during or results from the storage, preparation, cooking or handling of food stuffs;
discarded paper that is contaminated with food waste; fruit waste, grain waste, dairy waste, meat
and fish waste.
Green waste means tree and shrubbery trimmings, vegetation matter resulting from land
clearing, grass cuttings, weeds, straw, leaves, wood chips, sawdust, garden organic materials
and other discarded plant or vegetation material.
Hazardous waste means a waste, or combination of waste which, because of its quantity,
concentration, or physical, chemical or infectious characteristics, may do either of the following:
A. Cause, or significantly contribute to, an increase in mortality or an increase in
serious irreversible, or incapacitating reversible, illness; or
B. Pose a substantial present or potential hazard to human health or environment
when improperly treated, stored, transported or disposed of, or otherwise
managed.
The term "hazardous waste" includes, but is not limited to, universal waste and medical waste.
Occupants means and includes every owner of, and every tenant or person who is in
possession of, is the inhabitant of, or has the care and control of, an inhabited residence or
commercial premises.
Organic Materials or Organics mean food waste and green waste, collectively or
individually.
Person means any individual, firm, corporation, association, or group or combination
acting as a unit.
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Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting
solid waste that would otherwise be subject to disposal in a landfill, and returning it to the
economic mainstream in the form of raw materials for new, reused, or reconstituted products
which meet the quality standards necessary to be used in the marketplace.
Recyclables or Recyclable Materials mean solid waste that is source separated, has some
potential economic value, and is set aside, handled, packaged, or offered for collection in a
manner different from refuse in order to allow it to be processed for recycling. The term
"recyclables" does not include refuse or hazardous waste.
Refuse means and includes any and all putrescible and non-putrescible solid and
semisolid waste, including, but not limited to, garbage, solid waste matter, trash, ashes, industrial
wastes, animal wastes, vegetable solid and semisolid wastes and combustible and
noncombustible wastes. The term "refuse" does not include source separated recyclable
materials, source separated organic materials, construction and demolition debris, bulky items,
hazardous or household hazardous waste, E -waste, universal waste, medical waste, sharps, low
level radioactive waste, or green waste.
Residential premises means each place used for residential purposes, including, but not
restricted to: single-family dwellings, multi -family dwellings, apartments, condominiums,
townhouses, mobile home parks, and trailer courts, whether or not utilizing dumpster-type bins,
however, not including hospitals, convalescent homes, hotels and motels.
Roll -off Box means solid waste collection containers of ten (10) yards or larger.
Scavenging means the unauthorized collection, removal, or possession of solid waste
intended for collection by the City, authorized collector or authorized recycling agent.
Sharps includes, but is not limited to, home -generated hypodermic needles, pen needles,
syringes, intravenous needles and lancets.
Solid Waste means all discarded putrescible and non-putrescible solid and semisolid
wastes including refuse, recyclable materials, organic materials, construction and demolition
debris, bulky items, and any combination thereof which are permitted for disposal of in a Class III
landfill, and which are included in the definition of the non -hazardous solid waste set forth in the
California Code of Regulations.
Solid Waste, Recyclables, and Organics Collection Services shall mean the collection,
storage, or transfer of solid waste.
Solid Waste Collector means any solid waste enterprise engaged in the collection,
transportation and/or disposal of refuse, recyclables and/or organic waste in the City.
Solid Waste Enterprise shall mean any individual, partnership, joint venture,
unincorporated private organization, or private corporation which is regularly engaged in the
business of providing solid waste, recyclables, and organics collection services.
Streets means the public streets, ways and alleys, except state freeways, as the same
now or may hereafter exist within the City.
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Truck means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be
used for the purpose of collecting refuse, recyclables or organics, or to haul or transport refuse,
recyclables or organics.
Universal Waste means discarded consumer products containing mercury, lead, cadmium
and other substances that are hazardous to human health and the environment, including, but
not limited to, batteries and fluorescent tubes.
Sec. 8.17.030. - Authorization of collection agreement by City Council.
The City Council may authorize, by contract, one or more solid waste enterprises to
provide solid waste and recyclables collection services for residential and commercial/industrial
users or customers, including but not limited to the collection of construction and demolition waste.
In the sole discretion of the City Council, the solid waste, recyclables, and organics collection
services may be authorized on an exclusive or non-exclusive basis, and with or without
competitive bidding, and may relate to any class or type of solid waste within all or any part of the
territory of the City.
No person or business shall collect or dispose of solid waste in the City unless that person
has entered into a collection agreement with the City, except as otherwise specifically provided in
this chapter or franchise agreement, and irrespective of any permit issued by any other
governmental agency authorizing collection of solid waste, recyclables, or organics. Any such
collection agreement shall be in addition to any business license or permit otherwise required by
this Code. Authorized collectors operating in the City on the effective date of this chapter under
a non-exclusive collection agreement may continue to operate only until the rights thereunder are
terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of
the Public Resources Code.
Sec. 8.17.040. - Collection agreements; permits and licenses.
A. The terms and provisions of any collection agreement for solid waste and
recyclables collection services may relate to or include, without limitation such
requirements, conditions, policies and procedures as may be mutually agreed
upon by the parties to the collection agreement and which will, in the judgment and
discretion of the City Council, best serve the public interest and protect the public
health, safety and welfare.
B. Each authorized collector with a collection agreement shall pay a collector fee in
an amount set forth in the collection agreement.
C. In the event of any conflict between the provisions of a collection agreement which
is authorized and approved by the City Council and the provisions of this chapter,
the provisions of the collection agreement shall control.
D. Every authorized collector shall obtain and maintain at all times during the
authorized collector's operations a business license issued by the City, and all
applicable permits and licenses required by any public agency having jurisdiction.
Sec. 8.17.050. - Unlawful collection; Exemptions.
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It is unlawful for any person to collect or transport solid waste (as defined in section
8.17.020) within the City unless such person is an authorized collector, as defined in this chapter,
or is exempted as outlined in subsections A through E below. It is unlawful for any person to
permit, allow or enter into any agreement whatsoever for the collection or transportation of solid
waste from any residential premises, commercial premises, or construction or demolition project
with any person who is not an authorized collector as herein defined except as permitted in
subsections A through E below.
Medical waste (as defined in the Medical Waste Management Act, Health and Safety Code
Section 117600 et seq., as amended from time to time, or any successor provision or provisions
thereto) shall not be collected by an authorized collector. Anyone producing or possessing
medical wastes shall store, handle and dispose of such materials only in the manner approved
by the county health officer or designated deputy, and in accordance with the Health and Safety
Code.
The collection or transport of the following are exempt from the obligation to utilize an
authorized collector:
A. The collection and removal of recyclables for donation or sale by the owner or
occupant of a residential or commercial premises that are separated either for
reuse, for processing at recycling facilities, or for manufacture of new products.
No cost or fees of any sort, including those for hauling, processing, sorting, or use
of containers may be charged by the recycler, non-profit, or agency collecting the
recyclables.
B. The occasional removal and disposal of solid waste from a residential or
commercial premises by the occupant or owner thereof.
C. Nothing in this chapter shall prevent any occupant from regularly collecting and
disposing of solid waste generated in or on the occupant's premises, as an
alternative to receiving, and paying for solid waste collection services from an
authorized collector; provided, however, that such occupant shall comply with all
other provisions of this chapter applicable to occupants. No occupant shall employ
or engage any solid waste enterprise, other than an authorized collector, to haul
or transport refuse from the occupant's premises. Any occupant desiring to collect
and dispose of solid waste generated in or on his or her premises ("self -haul"),
must first obtain a self -haul permit from the City, renewed annually, and pay the
annual self -haul permit fee in an amount established by resolution of the City
Council. Each occupant issued a self -haul permit must dispose of the solid waste
at the occupant's expense, at a landfill, transfer station or processing facility
meeting all applicable regulatory requirements. Each occupant issued a self -haul
permit shall, every six months, file with the City Manager a report detailing the
quantity and nature of all solid waste removed from the occupant's premises. The
report shall be delivered to the City Manager on or before January 1 and July 1 of
each year for the immediately preceding six-month period. The report shall identify
the waste disposal or processing facility utilized by the occupant and shall include
copies of all receipts evidencing disposal or delivery issued by such disposal or
processing facility during the six-month period. A failure to file any required report
is a violation of this chapter, punishable as an infraction or by administrative
penalty as provided in this Code.
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D. The self -hauling of construction and demolition debris from a job site by a
contractor, with an approved construction and demolition self -haul permit, subject
to the provisions of section 8.19.090.
E. The collection and removal of green waste by individual residents, property owners
and businesses, including, but not limited to, professional landscapers, weed
abatement contractors or arborists, when the collection is directly related to their
work.
Sec. 8.17.060. - Scavenging prohibited.
A. It shall be unlawful for any person other than an authorized collector to remove or
otherwise handle any solid waste contained in any solid waste container that has
been placed curbside or elsewhere, for collection by an authorized collector,
without the prior written consent of the authorized collector, or the property owner,
tenant or agent thereof having exclusive use of such container.
B. Any person violating any provision of this section shall be guilty of an infraction. In
addition, the violation of any of the provisions of this section shall constitute a
nuisance and may be abated by the City through civil process by means of
restraining order, preliminary or permanent injunction, or in any other manner
provided by law for the abatement of such nuisances.
Sec. 8.17.070. - Collection in emergencies.
In emergencies, such as the breakdown of equipment, or other unforeseen or
unpreventable circumstances, where, in the judgment of the City Manager, the particular situation
justifies such action, the City Manager may issue limited or temporary permits to private persons
or corporations to perform any of the services regulated by this chapter, subject to such
reasonable fees, charges and conditions as the circumstances may warrant and as the parties
involved may agree upon; provided that such fees and charges received from or paid to any
private persons or corporations under this section for any period exceeding 15 days' duration shall
be approved by the City Council.
Sec. 8.17.080. - Hours of collection.
A. Authorized collectors shall not collect solid waste within a residential area between
the hours of 6:00 p.m. and 7:00 a.m. the following day.
B. Authorized collectors shall not collect solid waste from a commercial premises in
close proximity to a residential area between the hours of 6:00 p.m. and 7:00 a.m.
the following day or in a manner which reasonably would cause a noise
disturbance to a residential area. All other solid waste collections may take place
at any time, unless limited by the City Manager.
Sec. 8.17.090. - Refuse, recyclables and organics containers.
A. It shall be the duty of every owner, tenant, lessee or occupant of a residential
premises to deposit refuse, recyclables and organics in the containers designated
for refuse, recyclables and organics collection provided by the authorized collector.
All refuse, recyclables and organics accumulated between collection days shall be
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contained and stored within watertight metal or heavy gauge plastic containers
approved by the City, with a tight -fitting, closed lid to prevent leakage prior to
collections. Each owner, tenant, lessee or occupant shall keep the exterior of all
designated containers, including lids, clean from accumulated grease or
decomposing materials and shall keep the storage area for all designated
containers clean and clear of loose materials or bulky items.
B. All containers shall be stored out of public view, except on collection day or when
placed out for collection pursuant to section 8.17.100.
C. Containers shall be kept in enclosures as approved by the City.
Sec. 8.17.100. - Placement of Containers for Collection.
A. It shall be the duty of every owner, tenant, lessee or occupant of a residential
premises to set out or place containers for the collection of solid waste, recyclables
and organics, as follows: Any container for the purpose of collection and removal
of solid waste, recyclables and organics from residential premises shall be placed
at the curb in front of the premises occupied by the person depositing the same,
there to be collected by the authorized collector, provided that the authorized
collector may designate some other location for the placement of containers when
such placement will expedite collection. Containers must be placed at least three
feet from any obstruction, including but not limited to street lights, mail boxes, and
parked vehicles.
B. Containers shall be placed no further than ten feet from the curb line of a public
street, or, if there is no such curb, no further than ten feet from the paved portion
of the public street; in the event the container is to be collected from a public alley,
the container shall be placed within ten feet of the edge of the right-of-way of the
alley.
C. In no case shall any container be placed within the public right-of-way or any place
that would create a hazardous situation as deemed by the City Manager.
D. Property owners must obtain a right-of-way permit from the Engineering Services
Department prior to placing containers for temporary service for the purpose of
collecting solid waste, recyclables, organics and/or construction or demolition
debris in the public right-of-way.
Sec. 8.17.110. - Time and date of placement of containers.
A. No person shall place, or cause to be placed, any solid waste, recyclables or
organics, or any container or container for solid waste, recyclables and organics,
in any public highway or in any place or in any manner other than hereinabove
provided, or at any time other than the days established by the City for the
collection of such solid waste on the particular route involved, any earlier than
sunset of the day preceding the day designated for collection; and all containers
shall be removed from the place of collection prior to 8:00 p.m. of the day the
containers have been emptied. At all other times, containers for solid waste,
recyclables and organics shall be stored out of public view in accordance with
section 8.17.090.13.
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B. Each owner, occupant, tenant or lessee of a residential premises shall maintain
the same in a sanitary condition. If the container should not be emptied and the
contents removed on the date and time scheduled by the authorized collector, they
should immediately notify the authorized collector or the City; and it shall be the
duty of the authorized collector to forthwith arrange for the collection and disposal
of the refuse.
C. Solid waste and bulky items which exceed the limitations hereinabove set out may,
in the discretion of the authorized collector, be scheduled for special collection
upon the application of the occupant of the premises. Special collection charges
may be assessed by the authorized collector for this service with prior approval of
abovementioned occupant of the premises.
D. No person, other than the owner thereof, the owner's agents or employees or an
officer or employee of the City or an authorized collector's agents or employees
authorized for such purposes, shall tamper or meddle with any solid waste,
recycling, or organics container or the contents thereof, or remove the contents of
any container, or remove any container from the location where the same shall
have been placed by the owner thereof or owner's agent.
E. Subject to the authorizations and exceptions under section 8.17.050, it shall be
unlawful for any person to place or leave standing a container not provided by an
authorized collector on any public or private property within the City for the purpose
of collection and disposal of solid waste. Collection containers unlawfully placed
within the City are considered a public nuisance and shall be subject to removal
pursuant to the process identified below and enforcement as stipulated in section
1.12.030.
F. The City Manager may cause the posting of a notice to remove, as described
below, in a conspicuous place on any collection containers placed on any public
or private property within the City in violation of this section. A notice to remove
posted pursuant to the provisions of this section shall specify the nature of the
violation and shall state that the collection containers must be removed within 24
hours or they may be removed and stored by the City, and the contents disposed
of, at the expense of the solid waste container's owner thereof. The posting of a
notice to remove shall constitute constructive notice to the owner and user of the
requirement to remove the collection container.
G. If the collection containers are not removed within 24 hours after the notice to
remove is posted, the City Manager may direct the removal and storage of the
collection containers and the disposal of their contents. The owner of the collection
container shall be liable to reimburse the City for the actual costs of removal and
storage of the collection container, for disposal of its contents, for the cost of
posting the notice, and for any administrative fees that would be owed to the City.
All amounts due to the City must be paid before the collection container may be
returned to the owner. Such amounts shall constitute a civil debt owed by the
owner of the collection container to the City, and the owner shall be liable for any
legal costs and fees resulting from any action brought by the City for the recovery
of such amounts. Failure to respond to the notice to remove is a misdemeanor
and punishable by fine and/or imprisonment as identified in section 1.12.010.
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H. After the City has removed a collection container, the City Manager shall promptly
cause notice to be mailed to the owner to claim the stored property. If the collection
container is not claimed and all due fees and costs paid within 15 days after
notification is mailed to the owner, the collection container and its contents shall
be deemed abandoned property and may be disposed of accordingly. If the
contents of the collection container include the presence of biodegradable wastes,
hazardous constituents, or other environmental or sanitary threats, the City
Manager may order the immediate appropriate disposition of the contents so as to
protect the public's health and safety, and the container's owner shall be liable for
the costs and fees of disposal. If the owner of the unlawfully placed container is
unknown and no party responds to the notice to remove, the City Manager shall
deem the container and its contents as abandoned property and dispose of it
accordingly.
After a collection container has once been removed by the City pursuant to a notice
to remove, the owner thereof shall be deemed to have actual notice of the
provisions of this section, including the prohibition of placement of collection
containers by any person other than those authorized or exempted under this
section. In the event of a subsequent placement of a collection container owned
by the same owner, the City Manager may immediately, without the posting of the
notice of removal, direct the removal and storage of the unlawfully placed collection
container and shall, in such case, give notice to the owner to claim the collection
container.
Sec. 8.17.120. - Refuse removal.
All refuse created, produced or accumulated in or about a residential premises or
commercial premises in the City shall be removed from the premises at least once each week. It
is unlawful and a misdemeanor for the occupant of any of the above-described premises to fail or
neglect to provide for the removal of refuse at least as often as prescribed in this section. Each
day's violation of this section shall be treated and considered as a separate and distinct offense.
The City Manager may require a greater number of collections per week upon finding that
an unhealthy, unsightly, or public nuisance condition is created. In such an event, the customer
shall be required to pay for the additional service at the current fee schedule.
Sec. 8.17.130. - Special provisions regarding method of disposal.
A. The removal of wearing apparel, bedding or other refuse from residential premises,
as defined in section 8.17.020, or other places where highly infectious or
contagious diseases have been present, shall be performed under the supervision
and direction of the county health officer and such refuse shall neither be placed
in containers nor left for regular collection and disposal.
B. Highly flammable or explosive or radioactive refuse shall not be placed in
containers for regular collection and disposal, but shall be removed under the
supervision of the City and/or the fire district at the expense of the owner or
possessor of the material.
C. Refuse and recyclables containing water or other liquids shall be drained before
being placed in a container.
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D. No hazardous waste, universal waste, medical waste, sharps, battery acid,
poisonous, caustic or toxic material or any other substance capable of damaging
clothing or causing injury to a person shall be mixed or placed with any refuse,
recyclables or organics which is to be collected, removed or disposed of by an
authorized collector. Such items shall be removed at the occupant's expense only
after arrangements have been made with the authorized collector or City for such
removal.
Sec. 8.17.140. - Burning, burial or dumping.
No person shall burn, bury or dump refuse, recyclables or organics within the City at any
time, unless a special permit for such burning, burial or dumping has been issued pursuant to
authority conferred by the City Council, and/or the fire district.
Sec. 8.17.150. - Contamination of organics and recycling.
A. No person shall place in any container identified for recyclables or organic
materials any material that would inhibit its recyclability or compostability. The
containers designated for recyclables or organics shall be used only for recyclables
or organics and no other material.
B. If, upon inspection by the authorized collector or City staff, it is determined that the
recycling or organics collection container is contaminated, it shall be red -tagged
with a warning notice; and the container shall not be collected. If the customer
wishes to have a return collection prior to the next scheduled collection day, the
customer shall be charged the special collection fee established in the current rate
schedule. After the first warning, customers will be charged a contamination fee
as established in the current rate schedule, and the container will not be serviced
as recyclable; it will be subsequently serviced as trash. The contamination fee will
be automatically assessed if hazardous or biohazardous materials are placed in
any collection container.
C. The City Manager has the authority to order the removal of a recycling or organics
collection container if a customer continues to contaminate a recycling or organics
collection container after receiving three contamination notices.
Sec. 8.17.160. - Duration of storage.
No person shall store or accumulate any refuse at any residential premises or commercial
premises in any container or at any location other than as hereinabove set forth, or for a period
of time in excess of seven days, provided that if a holiday occurs during that period, the period
shall be extended one additional day.
Sec. 8.17.170. - Mandatory payment for collection service; exceptions.
A. Except as otherwise provided in this chapter, each occupant shall utilize the
services of an authorized collector for the collection of solid waste from a
residential or commercial premises of such occupant, and shall pay collection fees
to the authorized collector as set by the authorized collector and authorized by
resolution of the City Council. The obligation of each occupant to pay such solid
waste collection fees shall be a civil debt due and owing to the authorized collector,
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from the occupant to whom the collection services are made available. Every
person or property owner required to arrange for solid waste collection or the
collection of recyclables or organics shall be liable for the fees and charges for
such collection, whether or not collection services are utilized, except as otherwise
provided in this chapter. A failure to make timely payment constitutes a violation
of this chapter. All revisions in collection fees sought to be imposed by an
authorized collector must be submitted to the City Council for review and must be
approved by resolution of the City Council following a public hearing upon which
no less than ten days' prior written notice has been provided to the property owner.
B. Lien authorized.
1. Pursuant to Government Code Sections 38790.1 and 25831, charges for
solid waste collection services furnished on behalf of the City by an
authorized collector that remain delinquent for a period of at least 60 days
shall constitute a lien against the parcel of land for which the refuse
collection services were provided. At least once each year, the City Council
shall cause to be prepared a report of delinquent fees. The City Council
shall fix a time, date, and place for hearing the report and any objections or
protests to the report. The City Council shall cause notice of the hearing
to be mailed to the property owners listed on the report, not less than ten
days prior to the date of the hearing. At the hearing, the City Council shall
hear any objections or protests of property owners liable to be assessed
for delinquent fees. The City Council may make revisions or corrections to
the report as it deems just, after which, by resolution, the report shall be
confirmed.
2. The delinquent fees set forth in the report as confirmed shall constitute
special assessments against the respective parcels of land and are a lien
on the property for the amount of the delinquent fees. A certified copy of
the confirmed report shall be filed with the county auditor for the amounts
of the respective assessments against the respective parcels of land as
they appear on the current assessment roll. The lien created attaches upon
recordation of a certified copy of the resolution of confirmation in the office
of the county recorder. The assessment may be collected at the same time
and in the same manner as ordinary county ad valorem property taxes are
collected and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for those taxes.
3. All laws applicable to the levy, collection, and enforcement of county ad
valorem property taxes shall be applicable to the assessment, except that
if any real property to which the lien would attach has been transferred, or
conveyed to a bona fide purchaser for value, or if a lien of a bona fide
encumbrancer for value has been created and attaches thereon, prior to
the date on which the first installment of the taxes would become
delinquent, then the lien that would otherwise be imposed by this section
shall not attach to the real property and the delinquent fees, as confirmed,
relating to the property shall be transferred to the unsecured roll for
collection.
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C. The provisions of subsection A of this section shall not apply to any owner, tenant,
or person having lawful possession of a residential or commercial unit, who
provides evidence satisfactory to the City Manager that the residential or
commercial unit has not been occupied by any person for 60 or more consecutive
days, for the period of time the property is unoccupied.
Sec. 8.17.180. - Hazardous wastes.
No owner, tenant, lessee or occupant of a commercial or residential premises shall place
any hazardous waste in any container serviced by the authorized collector. In the event that an
owner, tenant, lessee or occupant of a commercial or residential premises places any hazardous
waste in a container serviced by the authorized collector, the authorized collector will not be
required to either collect the material in the container or separate out the material before
processing the entire container. The authorized collector shall notify the property occupant in the
event that it inadvertently removes a container that contains hazardous waste. The property
occupant shall be held responsible for the costs associated with proper handling and disposal of
the hazardous materials. The authorized collector shall notify customers, owners, tenants,
lessees or occupants of any hazardous waste found in containers by placing a tag on the
container. Pursuant to section 8.17.150, a contamination fee will be automatically assessed if
hazardous or biohazardous materials are placed in any collection container. The authorized
collector shall keep a daily log with the address of each customer, owner, tenant, lessee or
occupant whose container was not serviced and will provide a copy of the log to the City on a
monthly basis.
Sec. 8.17.190. — Mandatory commercial recycling.
A. The following businesses shall recycle and divert from the landfill recyclable
materials generated by the business in accordance with this section:
1. A commercial business that generates four cubic yards or more of solid
waste per week;
2. A multi -family dwelling of five units or more.
B. Businesses subject to this section shall arrange for recycling services, consistent
with state and local laws, rules, regulations and requirements, to the extent that
these services are offered and reasonably available from a local service provider.
A business subject to this section shall take at least one of the following actions:
Source separate recyclable materials from refuse and subscribe to a basic
level of recycling service that includes collection, self -hauling, or other
arrangements for the pickup of the recyclable materials with the City's
authorized collector.
2. Source separate recyclable materials from refuse and self -haul the
recyclables to a certified recycling or material recovery facility for
processing.
3. Source separate recyclable materials from refuse and arrange for pickup
of the recyclable materials for donation or sale to a recycler or non-profit as
defined in section 8.17.050.
Ordinance No. 94111231 -0001\2132528vlO.doc — Page 12 of 22
C. To comply with section 8.17.190.13, property owners or managers of multi -family
dwellings may require tenants to source separate their recyclables from refuse.
Tenants must source separate their recyclable materials as required by property
owners or managers of multi -family dwellings subject to this section.
D. A business meeting the conditions of section 8.17.190.A. may request an
exemption from the requirements of section 8.17.190.13. by submitting an
application on a form prescribed by the ESD Director. After reviewing the
exemption request, the ESD Director shall either approve or disapprove the
exemption request. To be eligible for an exemption from requirements of this
section, the business must demonstrate that:
1. There are no recyclable materials being generated by any activities of the
business;
2. There is inadequate storage space for the storage of recyclable materials;
or
3. There is no viable market for the recycling materials or recycling facility
available.
Sec. 8.17.200. — Mandatory commercial organics recycling.
A. The following businesses shall recycle and divert from the landfill organic materials
generated by the business, in accordance with the following conditions:
On and after January 1, 2017, a business that generates four cubic yards
or more of organic waste per week shall arrange for recycling services
specifically for organic waste.
2. On and after January 1, 2019, a business that generates four cubic yards
or more of commercial solid waste per week shall arrange for recycling
services specifically for organic waste.
B. A business meeting the conditions of section 8.17.200.A. shall take at least one of
the following actions:
Source separate organic waste from other refuse and subscribe to a basic
level of organic waste recycling service with the City's authorized collector,
for the pickup of organics;
2. Source separate organic waste from refuse and self -haul the organic waste
to a certified recycling or material recovery facility for processing; or
3. Source separate organics from refuse and arrange for pickup of the organic
waste for donation or sale for reuse or processing.
C. A business meeting the conditions of Section 8.17.200.A. may request an
exemption from the requirements of Section 8.17.200.B. by submitting an
application on a form prescribed by the ESD Director. After reviewing the
exemption request, the ESD Director or his/her designee shall either approve or
Ordinance No. 94111231 -000 1 \2132528v10.doc — Page 13 of 22
disapprove the exemption request. To be eligible for an exemption from the
requirements of Section 8.17.200.13, the business must demonstrate that:
There is less than one half of a cubic yard per week of organic waste being
generated by any activities of the business;
2. There is inadequate storage space for the storage of organic waste; or
3. There is no viable market for the organic waste or organic waste recycling
facility available.
Section 2. Chapter 8.19 of the Rancho Cucamonga Municipal Code is hereby
amended to read as follows:
"CHAPTER 8.19. — CONSTRUCTION AND DEMOLITION WASTE COLLECTION
Sec. 8.19.010. - Collection agreement required.
No person shall collect or dispose of construction and demolition waste in the City unless
that person has entered into a collection agreement with the City pursuant to Chapter 8.17, except
as otherwise specifically provided in this chapter, and irrespective of any permit issued by any
other governmental agency authorizing collection of solid waste or recyclables.
Sec. 8.19.020. - Construction and demolition waste definitions.
For purposes of this section, the following definitions apply:
A. Applicant means any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality, industry, public
or private corporation, or any other entity who applies to the City for the applicable
permits to undertake any construction, demolition, or renovation projects within the
City.
B. Authorized Collector shall have the meaning ascribed in section 8.17.020.
C. Certified Recycling or Material Recovery Facility shall have the meaning ascribed
in section 8.19.080.
D. Construction means the building, rehabilitation, remodeling, renovation, repair or
enlargement of any facility or structure, or any portion thereof, and includes
additions, alterations, or tenant improvements to an existing facility or structure.
E. Construction and demolition waste or C&D Waste means discarded or used
materials removed from construction, remodeling, repair, demolition, or renovation
operations on any pavement, house, commercial building, or other structure, or
from landscaping.
F. Construction and demolition diversion administrative fee or C&D administrative fee
means the fee required to sufficiently compensate the City for all expenses
incurred in administering the C&D Diversion Program requirements for covered
construction and demolition projects.
Ordinance No. 94111231-0001 �2132528v10.doc — Page 14 of 22
G. Construction and Demolition Diversion Deposit or C&D Diversion Deposit means
the fee required as security for performance for covered construction and
demolition projects to ensure the applicant complies with the requirements of this
chapter.
H. Contractor means any person or entity holding, or required to hold, a contractor's
license of any type under the laws of the state, or who performs (whether as
contractor, subcontractor or owner -builder) any construction, demolition,
remodeling, or landscaping service relating to buildings or accessory structures in
the City. A person or company employed, whether for a fee or otherwise, to haul
or remove recyclables and construction and demolition debris generated by a
contractor is not a contractor for purposes of this chapter.
Deconstruction means the careful dismantling of buildings and structures in order
to salvage as much as possible.
Demolition means the decimating, razing, ruining, tearing down or wrecking of any
facility, structure, pavement or building, whether in whole or in part, whether interior
or exterior.
K. Divert, diverted, or diversion means to recycle, reuse or salvage, or a combination
of recycling, reusing, and salvaging of C&D Waste to avoid disposal in a landfill.
L. Diversion requirement means the percentage of total construction and demolition
debris for each project diverted from landfills.
M. ESD Directorshall have the meaning ascribed in section 8.17.020.
N. Engineering Services Department or ESD shall have the meaning ascribed in
section 8.17.020.
O. Project means any activity that requires an application for a building or demolition
permit or any similar permit from the City.
P. Recycling and reuse means the process of collecting, sorting, treating, and -
reconstituting C&D Waste for use as a raw material for new, reused, or
reconstituted products which meet industry standards.
Q. Renovation means any change, addition or modification to an existing structure.
R. Salvage means the controlled removal of materials from a project for the purpose
of reuse or storage for later reuse.
S. Self -haul Construction and Demolition Waste Permit means the permit issued by
the City to a contractor that meets the criteria in section 8.19.090.
T. Waste Diversion Report means the report to be completed and submitted to the
City by the applicant at project completion summarizing the actual tonnage of
waste generated as a result of the project by material type and supported by actual
weight tickets and receipts.
Ordinance No. 94111231 -0001 \2132528v10.doc — Page 15 of 22
U. Waste Management and Recycling Plan means the form prescribed by the City for
completion by the applicant as portion of the building and/or demolition permit
process.
Sec. 8.19.030. - Construction and demolition diversion requirements.
A. All construction and demolition projects are required to divert a minimum of
65 percent of the tonnage generated as a result of the project from the landfill.
Separate calculations and reports will be required for the demolition and for the
construction portion of projects involving both demolition and construction.
B. Every structure planned for demolition shall be made available for deconstruction,
salvage and recovery prior to demolition. It shall be the responsibility of the owner,
the general contractor and all subcontractors to recover the maximum feasible
amount of salvageable designated recyclable and reusable materials prior to
demolition. Recovered and salvaged designated recyclable and reusable
materials from the deconstruction phase shall qualify to be counted in meeting the
diversion requirements of this chapter. Recovered or salvaged materials may be
given or sold on the premises, or may be removed to reuse warehouse facilities
for storage or sale.
Sec. 8.19.040. — Waste management and recycling plan.
A. Except as otherwise specified in this chapter, each person who applies for a
building or demolition permit pursuant to chapter 17.010 shall complete a "Waste
Management and Recycling Plan" document to be issued by the Engineering
Services Department. Except as otherwise specified in this chapter, no building or
demolition permit shall be issued unless the "Waste Management and Recycling
Plan" has been submitted by the applicant and approved by the Engineering
Services Department. Any changes to the approved plan must be brought to the
attention of the Engineering Services Department for review and approval prior to
commencing work.
B. The ESD Director is authorized to create guidelines setting forth the information to
be included in the "Waste Management Plan," as well as the form thereof. At a
minimum, the "Waste Management Plan" shall delineate all of the following:
The C&D Waste to be generated by the project.
2. The square footage of the proposed project.
3. The estimated weight of the C&D Waste to be generated by the project,
listed by material types.
4. The estimated weight of the C&D Waste to be generated by the project to
be diverted, listed by material types.
5. The certified recycling or material recovery facility or facilities to which C&D
Waste will be taken, listed by material types.
Ordinance No. 94111231-0001 \2132528v10.doc — Page 16 of 22
6. The estimated weight of the C&D Waste that will be landfilled.
Sec. 8.19.050. - Construction and demolition waste diversion deposit requirements and
exemptions.
Except as otherwise specified in this chapter, each person who applies for a building or
demolition permit pursuant to chapter 17.010 shall remit a diversion deposit in the amount set
forth by resolution of the City Council. The diversion deposit shall be remitted at the same time
the permit application is filed.
Deposit amounts are based on square footage and shall be set by resolution of the City
Council.
The diversion deposit shall be returned, without interest, in accordance with Section
8.19.060. The deposit shall be forfeited entirely if there is a failure to comply with the requirements
of this chapter.
Except as otherwise specified in this chapter, each person who applies for a building or
demolition permit pursuant to chapter 17.010 will remit an administrative fee sufficient to
compensate the City for all expenses incurred in administering the C&D Diversion Program
requirements for covered construction and demolition projects. The amount of this fee shall be
determined in accordance with the current resolution of the City Council determining the same.
Within 60 days following the completion of the demolition or construction project, the
contractor (or permit applicant) shall, as a condition precedent to final inspection and to issuance
of any certificate of occupancy, submit documentation to the Engineering Services Department,
which proves compliance with the requirements of section 8.19.040. The documentation shall
consist of a completed Waste Diversion Report with information of actual data of tonnage of
materials recycled and diverted, supported by originals or certified photocopies of receipts and
weight tickets or other records of measurement from recycling companies, deconstruction
contractors and/or landfill and disposal companies. Receipts and weight tickets will be used to
verify whether materials generated from the site have been or are to be recycled, reused,
salvaged or otherwise disposed of.
If a project involves both demolition and construction, the report and documentation for
the demolition project must be submitted and approved by the Engineering Services Department
before issuance of a building permit for the construction project. In the alternative, the applicant
may submit a letter stating that no waste or recyclable materials were generated from project, in
which case this statement shall be subject to verification by the Engineering Services Department.
Any deposit posted pursuant to subsection E of this section shall be forfeited if the applicant does
not meet the timely reporting requirements of this section.
The following projects must meet the waste diversion requirements as described in this
Chapter but shall not be required to submit a C&D diversion deposit:
Residential single-family homes up to four units.
Construction projects of less than $100,000 in value.
Roofing projects that do not include tear -off of existing roof.
Ordinance No. 94111231 -0001 \2132528v10.doc — Page 17 of 22
The following projects are exempt from the waste diversion requirements and C&D
diversion deposit as described in this Chapter:
Work for which only a plumbing permit, an electrical permit or a mechanical permit
is required.
Sec. 8.19.060. — Authority to issue refunds of diversion deposits.
A. The ESD Director may authorize the refund of any diversion deposit, which was
erroneously paid or collected.
B. The ESD Director may authorize the refund of any diversion deposit when the
building permit application is withdrawn or cancelled before any work has begun.
C. The ESD Director may authorize the refund of a diversion deposit when at least 65
percent of the waste generated by the project was diverted from landfill disposal.
D. The ESD Director may authorize a partial refund of a diversion deposit when less
than 65 percent by weight of the waste generated by the project was diverted from
landfill disposal if the applicant demonstrates to the satisfaction of the ESD Director
that (i) a proportion of the percentages of the tons of waste generated by the
demolition and/or construction project was diverted from landfills and recycled or
reused, and (ii) that a good faith effort has been made to achieve the required
diversion percentages. The partial refund shall not exceed that proportion the
diversion waste bears to 65 percent by weight of the total waste generated.
E. The ESD Director shall not authorize the refund of any diversion deposit, or any
portion thereof, unless the original building permit applicant files a written request
for refund and provides documentation satisfactory to the ESD Director in support
of the request.
The ESD Director shall not authorize a refund of any diversion deposit, or portion thereof,
if any of the required waste diversion documentation does not list the City of Rancho Cucamonga
as the city of origin, and/or the required waste diversion documentation is not from the authorized
collector or a facility identified in the Waste Management Plan.
The ESD Director shall not authorize a refund of any diversion deposit, or portion thereof,
if the applicant does not include a weight ticket document for all landfilled and recycled C&D
Waste as a result of the project.
Sec. 8.19.070. - Waste diversion methods.
A. For the purpose of this chapter, the term "diverted" or "diversion" means a
reduction of the amount of waste being disposed in landfills by any of the following
methods:
Use of new construction methods, as described in regulations promulgated
by the ESD Director, that reduce the amount of waste generated.
2. On-site reuse of waste.
Ordinance No. 94111231 -0001\2132528vl O.doc — Page 18 of 22
3. Delivery of the waste from the site to a certified recycling facility.
4. Other methods as approved in regulations promulgated by the ESD
Director.
B. All of the waste diversion methods which may qualify for a refund of a diversion
deposit are subject to restrictions and documentation requirements set forth in
regulations promulgated by the ESD Director.
Sec. 8.19.080. - Recycling facility certification requirements.
A. For the purpose of this chapter, "certified recycling or material recovery facility"
means a recycling, composting, materials recovery or reuse facility that has been
certified by the ESD Director as meeting all of the requirements in paragraph "B"
of this Section.
B. The ESD Director shall issue a certification only if the owner or operator of the
facility submits documentation satisfactory to the ESD Director:
1. That the facility has obtained all applicable federal, state, and local permits,
and is in full compliance with all applicable regulations; and
2. The percentage of incoming waste from construction, demolition, and
alteration activities that is diverted from landfill disposal meets the required
minimum percentage set forth in regulations promulgated by the ESD
Director.
Sec. 8.19.090. - Self hauling.
A. For purposes of this section, "job site" means a location at which construction and
demolition debris are generated by a contractor.
B. Subject to subsection C, a contractor may self -haul construction and demolition
debris, as defined in section 8.19.020, generated by the contractor at the job site.
When acting as a general contractor the contractor may haul these same materials
for any contractor acting as a subcontractor at the same job site.
C. The right of a contractor to self -haul or haul hereunder is subject to the following
conditions:
1. All contractors generating any of the recyclables or C&D Waste, as defined
by section 8.19.020, to be self -hauled or hauled shall have a valid City
business license; and
2. The contractor owns hauling equipment and the equipment is clearly
marked with the identity of the contractor including, as a minimum threshold
requirement, the company name, address, and phone number; and
3. The contractor must be performing construction and demolition work on the
permitted job site; the contractor cannot serve solely as a hauler of debris
from the job site; and
Ordinance No. 94111231-0001\2132528v10.doc — Page 19 of 22
4. The contractor must be named on the building permit; and
5. The contractor provides a copy of the vehicle registration; and
6. The contractor provides proof of insurance for the vehicle; and
7. The contractor's equipment shall be operated by an employee of the
contractor at all times during any self -haul to a disposal or processing
facility in a manner consistent with all appropriate laws and regulations; and
8. The contractor performing the self -haul holds a current building and
demolition permit which covers all recyclables or construction and
demolition debris for which the contractor will be performing self -hauling,
and the contractor complies with the construction and demolition provisions
of the City; and
9. The contractor shall hold a construction and demolition self -haul permit and
pay the applicable C&D self -haul permit fee as set by the City Council. The
C&D self -haul permit and applicable fee are issued per project and are valid
only for the duration of the specific project; and
10. The contractor performing the self -haul must comply with all requirements
of this chapter 8.19, including submittal of a Waste Management and
Recycling Plan and a diversion deposit.
Sec. 8.19.100. - Enforcement.
If an applicant who is subject to the requirements set forth in this chapter fails to comply
with Sections 8.19.040 and/or 8.19.050 prior to commencement of work on a covered project, the
project shall be subject to a "stop work" order issued by the City until the Waste Management
Plan is submitted as required and has been approved by the ESD Director pursuant to Section
8.19.040.
It is unlawful for any person to collect or transport solid waste (as defined in section
8.17.020) within the City unless such person is an authorized collector, as defined in section
8.17.020, or is exempted as outlined in section 8.17.050, subsections A through E. It is unlawful
for any person to permit, allow or enter into any agreement whatsoever for the collection or
transportation of solid waste from any residential premises, commercial premises, or construction
or demolition project with any person who is not an authorized collector as herein defined except
as permitted in 8.17.050, subsections A through E.
Each violation of the provisions of this chapter shall constitute a public nuisance and be
subject to abatement as such, pursuant to the provisions of chapter 8.20. The costs of abatement
of any such nuisance shall be a lien upon the property involved.
Sec. 8.19.110. - Diversion deposits.
Diversion deposits shall be used only for:
A. Payment of diversion deposit refunds;
Ordinance No. 94111231-0001\2132528v10.doc — Page 20 of 22
B. Costs of administration of the program established by this chapter;
C. Cost of programs whose purpose is to divert from landfill disposal the waste from
construction, demolition and alteration projects; and
D. Costs of programs whose purpose is to develop or improve the infrastructure
needed to divert from landfill disposal the waste from construction, demolition and
alteration projects."
Section 4. This Ordinance shall be posted in at least three public places within the
City of Rancho Cucamonga and shall be effective from and after 30 days following its adoption.
Ordinance No. 94111231-0001\2132528v10.doc — Page 21 of 22
PASSED, APPROVED, AND ADOPTED this 5th day of December, 2018.
' s
L. Dennis Michael, ayor
ATTEST:
ind r an, City Clerk Serv' es Director
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, LINDA A. TROYAN, CITY CLERK SERVICES DIRECTOR of the City of Rancho
Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a
Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 21St day of
November 2018, and was passed at a Regular Meeting of the City Council of the City of Rancho
Cucamonga held on the 5th day of December 2018.
AYES: Alexander, Kennedy, Michael, Williams
NOES: None
ABSENT: Spagnolo
ABSTAINED: None
Executed this 6th day of December 2018, at Rancho Cucamonga, California.
Gy!
da . Troyan, City Cler Services Director
("'�
Ordinance No. 94111231-0001\2132528v10.doc — Page 22 of 22