HomeMy WebLinkAboutOrd 18281
2
41 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 1828
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.16 TO
CLEARLY REQUIRE THAT ALL OCCUPIED PROPERTIES HAVE COLLECTION
SERVICE AND TO UPDATE THE SOLID WASTE COLLECTION DEFINITIONS AND
REQUIREMENTS
The City Council of the City of Burlingame ordains as follows:
Section 1. Solid waste collection in the City has undergone a number of significant
changes in the past ten years, particularly with regard to recycling. This ordinance is intended to
update the City's requirements regarding the handling of solid waste, and in particular, to clarify
that all occupied property in the City must have a collection agreement with a City franshisee.
Section 2. Chapter 8.16 is amended to read as follows:
Chapter 8.16
SOLID WASTE
8.16.010 Definitions.
8.16.020 Solid waste accumulations.
8.16.030 Exemptions.
8.16.040 Obligations of customers.
8.16.050 Recyclable materials.
8.16.060 Special provisions regarding method of disposal.
8.16.070 Health officer to settle disputes.
8.16.010 Definitions.
Whenever the following defined words and phrases are used in this chapter, they shall
have the definitions or meanings established by this section, unless it is clearly apparent fr
om the
context in which the word or phrase appears that a different definition or meaning is intended.
(a) "Collection" means the scheduled pick up of solid waste but does not include the
random picking up of loose litter from public places or places open to the public.
(b) "Commercial and/or industrial property" means propert
y upon which business
activity is conducted, including but not limited to hotel, motel, trailer court
, restaurant, cafeteria,
market, hospital or any educational, professional, commercial or industrial establishment of any
nature whatsoever where there is generation of solid wastes.
7/22/2008
-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(c) "Composting" means the controlled biological decomposition of organic wastes that
are source separated from the solid waste stream. Such organic wastes include vegetable, animal,
yard and wood wastes which are not hazardous wastes.
(d) "Demolition and construction debris" means discarded materials resulting from
construction, remodeling, repair and demolition activities on housing, commercial or
governmental bungs and any other structure and pavement as defined in chapter 8.17 of this
code.
(e) "Franchisee" means any solid waste collector authorized by the city council pursuant
to the procedures established in this chapter.
(f) "Garbage" includes, but is not restricted to, every accumulation of animal, vegetable
or other matter:
(1) Resulting from the preparation and consumption of edible foodstuffs; or
(2) Resulting from decay or the storage of meats, fish, fowl, or vegetables, including the
cans, containers or wrappers of such materials; or
(3) Industrial, domestic and organic solid wastes or residue of animals sold for meat; or
(4) Vegetable and animal matter from kitchens, dining room(z
, markets, food
establishments or any other place using, dealing in or handling meats, fish, fowl, vegetables or
grams; or
(5) Offal, animal excreta or carcasses of animals, fish or fowl; or
(6) Any waste material for which there is not currently a feasible collection system
available.
(g) "Hazardous waste" means all substances defined as hazardous waste, acutely
hazardous waste or extremely hazardous waste by the state of Californ
ia, or identified as
hazardous waste by the U.S. Environmental Protection Agency, under applicable laws or
regulations.
(h) "Non-combustible rubbish" means ashes, bottles, broken crockery, glass, tin cans,
metal and metallic substances which will not incinerate through contact with flames of ordinary
temperature.
7/22/2008
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(i) "Owner or occupant" means and includes every owner of, every tenant or person who
is in possession or an inhabitant of or has the care and control of a residential property or a
commercial and/or industrial property located in the city.
(j) "Person" means any individual, form, corporation, association or group or any
combination thereof acting as a unit.
(k) "Recyclable materials" or "recyclables" means solid waste which may be reused or
Frocessed into a form suitable for reuse through reprocessing or remanufacture consistent with
the requirements of the California Integrated Waste Management Act of 1989, including, without
limitation, paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass,
aluminum, PET, HDPE, and other plastics, beverage containers, compostable materials
(including yard waste), and wood, brick and stone in reusable size and condition. Recyclable
materials shall include those items of construction debris and demolition debris which are
described in this definition.
(� "Recycling operator" means a person or persons, firm, partnership, joint venture,
association or corporation engaged in the collection and recycling of recyclable materi
als.
(m) "Residential property" means property used for residential purposes, irrespective of
whether such dwelling units are rental units or are owner -occupied. A structure may have one or
more residential dwelling units. No place used primarily for commercial or industrial purposes
shall be considered as a residential dwelling unit.
(n) "Rubbish" includes, but is not restricted to, all non -recyclable waste or debris,
cardboard, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery,
glass, rubber, metal, plastic, construction waste and debris and other similar materi
als.
(o) "Solid waste" means all putrescible and non-putrescible solid, semi-solid and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes, demolition and construction
wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage
sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes
and other discarded solid and semi-solid wastes. "Solid waste" does not include abandoned
vehicles and parts thereof, hazardous waste or low-level radioactive waste, medical waste,
7/22/2008 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
recyclable materials, source -separated plant materials, or source -separated organic materials.
(p) "Solid waste collector" means any person or persons, firm, partnership, joint venture,
association or corporation engaged in the collection, transportation or disposal of solid waste
generated in the city.
(q) "Solid waste disposal" includes the collecting, transporting and disposal of solid
waste generated within the city.
(r) "Solid waste facility" means any licensed recycling center, materials recovery facility,
intermediate processing center, incineration facility or landfill where solid waste may be taken
for immediate processing or final disposal. "Solid waste facility" includes a solid waste transfer
or processing station and a composting, transformation or disposal facility.
(s) "Streets" means the public streets, alleys and right -of --ways as the same now or may
hereafter exist within the city.
(t) "Yard wastes" means leaves, grass, weeds and wood materials from trees and shrubs.
8.16.020 Solid waste accumulations and disposal.
(a) All occupied premises within the limits of the city shall have solid waste removal
service as specified in this chapter.
(b) No person shall, for another, collect, remove or dispose of any solid waste within the
city, nor transport the same over any public street or right -of --ways, unless a fr
anchise to do so
has first been obtained fr
om the city; provided, that any person who collects, removes, or
disposes of only recyclables shall only be required to obtain a city business license.
(c) It is unlawful for any person to permit, allow or enter into any agreement whatsoever
for the collection or transport
ation of solid waste or recyclable material with any person who
does not possess a fr
anchise or business license.
(d) It is unlawful for any person to store or accumulate the,following material for any
length of time in violation of the following requirements:
(1) Solid waste shall be removed a minimum of at least once a week pursuant to this
chapter, or more often as necessary or mandated by the San Mateo County Health Department;
7/22/2008
-4-
1 1 and
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(2) Recyclable materials shall be removed a minimum of at least once every thirty (30)
days pursuant to this chapter, or more often as necessary or mandated by the an Mateo County
Health Department;
(d) No person shall place or cause to be placed any solid waste generated upon any
property or by any residential, commercial or industrial use into any container other than those
owned or controlled by such person, unless permission for such use is granted by the
commercial, industrial or residential customer owning or controlling the container and approved
by the city and its franchisee.
(e) It is unlawful for any person owning, occupying or having control of any premise to
set out or cause to be set out for collection any solid waste other than that originating on the
premises.
(f) It is unlawful for any person to dispose of solid waste in or near litter or recycling
containers placed by the city or any other agency in public places for incidental use by pedestrian
or vehicular traffic, or in recycling containers or enclosures maintained by the city in commercial
zones.
(g) It is unlawful for any person to accumulate, keep or deposit solid waste in such a
manner that a public nuisance is created, including, but not limited to, allowing Ilierinsects, or
rodents to breed therein.
(h) Other than as herein set forth, it is unlawful for any person to dump, bury, burn,
incinerate or otherwise dispose of or store or accumulate any garbage, combustible or
non-combustible rubbish, miscellaneous debris or combined rubbish or solid waste on any
private or public propert
y within the city; provided, however, that leaves, grass clippings and the
like maybe composted but only in accordance with State and County regulations govern
ing
composting.
(i) No person shall cast, place, sweep or deposit any solid waste on any street, sidewalk,
alley, sewer, storm drain, creek, parkway, or other public place or into any occupied premises
within the city except in an appropriately designated solid waste container.
7/22/2008
-5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(j) No commercial, industrial, or residential customer owning, occupying or having the
control of any premises or vacant lot or any person occupying a dwelling within the city shall
permit any solid waste to become or remain offensive, unsightly or unsafe to the public health or
safety or to deposit, keep or accumulate or permit to cause any solid waste to be deposited, kept,
or accumulated, upon any property, lot, or parcel of land or upon any public or private place,
street, lane, alley or driveway, except as allowed in this chapter.
8.16.030 Exemptions.
The following types of collection or transportation of solid waste are exempted from the
requirements of this chapter:
(a) Yard waste removed from a premises by a gardening, landscaping or tree trimming
contractor having a city business license and as an incidental part of a total service offered by that
contractor rather than as a disposal service, and tree trimmings, clippings and all similar
materials generated at parks and other publicly maintained premises;
(b) Demolition debris removed from a premises by a licensed contractor as an incidental
part of a total service offered by that contractor rather than as a disposal service;
(c) By-products of sewage treatment, including sludge, grit and screenings;
(d) The collection of hazardous or dangerous waste as part of regular services, including,
without limitation, liquid and dry caustics, acids, bio -hazardous, flammable or explosive
materials, insecticides and similar substances;
(e) Recyclable materials and yard wastes which are generated at any residential,
commercial, or industrial property and which are transport
ed personally by the owner or occupant
of such premises (or by his or her full-time employees) to a licensed solid waste or recycling
facility in a manner consistent with this chapter and other applicable laws.
(f) Nothing in this chapter shall prohibit a person or the person's employees from
transporting to a licensed transfer station or materials recovery facility any solid waste, garbage,
rubbish, or yard waste that is incidental to the conduct of the person's individual business within
the city or to the maintenance of the person's individual residence, so long as there is no spillage
712212008
-6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
on city streets and the transport is conducted pursuant to applicable laws governing the transport
of materials. However, any such transport does not relieve the person from the ongoing
obligation to contract with a city franchisee pursuant to section 8. 16,040 above.
(g) An exemption to the mandatory disposal requirements set forth above maybe applied
foI under the conon that the vidual or property owner shows proof of use of a
city -approved solid waste collection alternative, including, but not limited to, on-site composting.
Any such exemption shall be subject to approval of the city manager or the city manager's
designee.
8.16.040 Obligations of customers.
(a) Unless otherwise expressly excepted by this chapter, the owner, occupant or other
person responsible for the day-to-day operation of any residential, commercial, or industrial
property in the city shall contract with a city franchisee for the removal and disposal of solid
waste generated from the use of the property.
(b) The franchisee is authorized to charge all customers a fee for the collection and
transportation of solid waste, subject to the approval by the city council of the fee. Such fees may
include charges for collection, landfills, recovery or recyclables, composting and may include the
cost of prepari
ng and implementing source reduction, recycling elements and integrated waste
management plans.
(c) All solid waste shall be kept free of all hazardous materials and placed in a container
or containers unless other acceptable arrangements are made with the franchisee.
(d) Containers shall be made of metal or plastic, and of sufficient strength to prevent
them from being broken under ordinary conditions.
(e) Containers containing any solid waste except recyclable materials shall be maintained
in a clean, safe, sanitary condition, and continuously enclosed by a solid tight -fitting cover
secured from access by insects, animals and rodents, except when solid waste is being dumped
into or removed fr
om the container.
(f) Garbage or other refuse containing water or other liquids shall be drained before
�ia2iaoos
-7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
being placed in a container and the drainage properly disposed of to the sanitary sewer.
(h) Animal waste shall not be placed directly in a container for regular collection and
disposal, but shall be placed within a secondary containment (i.e., plastic bag) within the
container for regular collection and disposal, as required by the franchisee and the San Mateo
County Health Department.
(i) Unless provisions to prevent litter are otherwise provided, no person shall so fill any
container with garbage or rubbish above the top of the container to such extent as to permit the
contents of any container to be blown or otherwise strewn about.
(j) If solid waste from either residential, commercial, or industrial property is of such a
nature that it cannot be placed in a container, it shall be carefully placed beside the container in
securely tied bundles. Solid waste which exceeds size or type limitations set by the franchisee
shall be scheduled for special collection, and special collection charges maybe assessed by the
franchisee for this service.
(k) Any containers placed for collection along a street, roadway, or alley shall be set out
only on the day established for the collection on the particular route or after 5:30 p.m. on the day
immediately prior to such collection, and shall not remain thereon for more than eighteen (1 R
)
hours after it has been emptied.
(1)
Any container placed for collection in any alley shall be placed as close to the
property line as practicable.
(m) No person, including a solid waste collector, shall place or cause to be placed any
solid waste or solid waste container in any public street or roadway without an encroachment
permit fr
om the city or in any place or in any manner inconsistent with the regulations of this
chapter.
(n) Each owner or occupant of residential, commercial, or industrial property shall
maintain supervision and surveillance over the solid waste containers on the premises and shall
maintain the same in a sanitary condition. If the containers are not emptied and the contents
removed on the date and time scheduled by the franchisee, the owner or occupant should
immediately notify the fr
7/22/2008
anchisee and it shall be the duty of the franchisee to, within twenty-four
-8-
1
2
3
4
5
6
71
8
9''
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(24) hours thereafter, arrange for the collection and disposal of the solid waste.
(o) Solid waste which exceeds the limitations hereinabove set forth may, in the discretion
of the franchisee, be scheduled for special collection upon the application of the owner or
occupant of the premises. Special collection charges maybe assessed by the franchisee for this
service.
(p) No person, other than the owner thereof, owner' s agents or employees or an officer or
employee of the city or any person holding a franchise or license from the city for the collection
or disposal of refuse or recyclables shall remove any materials set out for recycling collection or
tamper or meddle with any solid waste or recycling container or the contents thereof, or remove
the contents of any such container, or remove any such container from the location where the
same shall have been placed by the owner thereof or owner's agent.
8.16.050 Recyclable materials.
(a) Recyclables placed at the curb of residential properties shall be separated from other
solid waste in a manner approved by the city and shall be placed for collection in the container
provided by the recycling operator for such material.
(b) Recyclables placed at the curb of residential properties or placed for collection at
other recycling locations for pick up by a fr
anchisee or licensee shall become the property of the
franchisee or licensee at the time of their placement in the recycling containers or otherwise set
out for collection.
8.16.060 Special provisions regarding method of disposal.
(a) Highly flammable or explosive or radioactive refuse shall not be placed in a container
for regular collection and disposal but shall be removed under the supervision of the Central
County Fire Depart
ment at the expense of the owner or possessor of such material.
(b) No hazardous waste shall be mixed or placed with any rubbish, garbage or other solid
waste which is to be collected, removed or disposed of by the city's franchisee. Hazardous waste
or household hazardous waste may only be disposed of in a manner allowed by Federal, State,
7/22/2008 -9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
and County regulations.
8.16.070 Health Officer to Settle Disputes.
In all case of disputes or complaints arising from or concerning the place where
receptacles for refuse shall be placed awaiting the removal of their contents, the quantities to be
removed, and the times for removal, the Health Officer shall designate the place, the estimated
quantity, the frequency and manner of removal.
Section 3. This ordinance shall be published as required by law.
Mayor
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a meeting of the City Council held on the 21S` day of July,
2008, and adopted thereafter at a regular meeting of the City Council held on the 18t" day of
August, 2008, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, DEAL, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
I ABSENT:
7/22/2008
COUNCIL,MEMBERS: NONE
-10-
l�f^ -.✓
City Clerk