CC SR 20200421 02 - Ordinance Mandatory CalRecycle Requirements
CITY COUNCIL MEETING DATE: 04/21/2020
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to introduce an ordinance repealing and
replacing Chapter 8.20 (Solid Waste Collection and Disposal) of Title 8 (Health
and Safety) of the Rancho Palos Verdes Municipal Code related to solid waste.
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. ___ , AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REPEALING AND
REPLACING CHAPTER 8.20 (SOLID WASTE COLLECTION AND DISPOSAL)
OF TITLE 8 (HEALTH AND SAFETY) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE RELATED TO SOLID WASTE
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Lauren Ramezani, Senior Administrative Analysist
REVIEWED BY: Elias Sassoon, PE, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Proposed Solid Waste Collection and Disposal Ordinance No. _ (Clean
and Redline Versions) (page A-1)
B. CalRecycle Notice to the City dated January 28, 2020 (page B-1)
C. Implementation Action Plan Sent to CalRecycle dated February 26, 2020
(page C-1)
D. October 20, 2015 City Council-Approved Mandatory Commercial Organics
Recycling Program (page D-1)
E. Samples of the City’s Outreach Notices Sent to Non-Compliant
Businesses and Multifamily Dwellings (page E-1)
EXECUTIVE SUMMARY:
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This draft ordinance (Attachment A) has been prepared to help assure the City’s
compliance with the State of California’s A.B. 341 Mandatory Commercial Recycling
(MCR), and A.B. 1826 Mandatory Commercial Organics Recycling (MORe) regulations
set by the California Department of Resources Recycling and Recovery (CalRecycle).
On January 28, 2020 CalRecycle notified (Attachment B) the City of Rancho Palos
Verdes that after conducting a review, it found the City to be deficient in implementing
its MCR and MORe programs. According to CalRecycle, approximately 50 cities in
Southern California received similar notices of deficiency and 30 more cities are also
expected to receive them. CalRecycle’s determination was based on the fact that there
was still a high level of non-compliance in the MCR and MORe implementation as
required by state law. When CalRecycle issues a compliance order to a jurisdiction/city,
if the city fails to adequately meet the conditions of the compliance order, CalRecycle
could consider levying a penalty and imposing administrative civil penalties of up to
$10,000 per day.
On February 26, 2020, Staff responded to CalRecycle’s deficiency notice and as
requested, provided an Implementation Action Plan (Plan) outlining how the City plans
to comply with the MCR and MORe regulations and increase compliance (Attachment
C). One component of the compliance order that was included in the plan includes
adopting a mandatory recycling ordinance. The proposed ordinance updates the City’s
current solid waste collection and disposal ordinance , with language specific to
enforcement of the mandated regulations set by CalRecycle. The ordinance also
includes: the components of the mandated outreach and education requirements to
regulated businesses and multifamily (MF) dwellings, monitoring compliance guidelines,
and the enforcement process which is structured to include phased administrative
fines/penalties to address regulated businesses or MF dwellings that do not comply.
This ordinance, if approved, will be effective January 1, 2021.
BACKGROUND:
The California Integrated Waste Management Act (California Assembly Bill No. 939)
was adopted in 1989, mandating each city and county to divert 50% of its solid waste by
the year 2000. Building upon the requirements of A.B. 939, A.B. 341 Mandatory
Commercial Recycling (MCR) was enacted on July 1, 2012, mandating all California
cities to divert a minimum of 75% of waste from landfills by 2020. This law also requires
both businesses that generate 4 cubic yards or more of solid waste (trash) weekly and
MF dwellings with five units or more to participate in recycling programs (paper, bottles,
cardboard, cans, glass, etc.).
On September 28, 2014, then-Governor Jerry Brown signed A.B. 1826, Mandatory
Commercial Organics Recycling (MORe). A.B. 1826 sets a goal to reduce organics
disposal by 50% by 2020. Organic waste (organics) is defined as any material that is
biodegradable and comes from either a plant or an animal . Some examples of organic
waste are food waste, green waste, landscape and pruning waste, garden and lawn
clippings, nonhazardous wood waste, and food soiled paper that is mixed in with food
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waste. The bill required beginning April 1, 2016 that businesses generating at least 8
cubic yards per week of organic waste arrange for organic waste recycling services .
Every year the thresholds became more stringent, with the current 2019-2020
thresholds requiring businesses that generate 4 cubic yards or more of commercial
solid waste per week to arrange for organic waste recycling services. The definition of
commercial solid waste was further clarified to include all types of solid waste
generated by a store, office, or other commercial or public entity source, including a
business or a MF dwellings of five or more units. Thus, starting with the 2019
threshold, commercial solid waste included the total amount of trash, recycling, and
organics.
The MF dwellings are also required to arrange for organic waste recycling services.
However, at this time, MF dwellings are in compliance if they have a green waste
recycling program. They are not required to have a food waste diversion program.
This makes A.B. 1826 compliance easier for the MF dwellings, but more challenging
for businesses. MF dwellings use the services of either EDCO or their landscape
companies to divert their green waste.
On October 20, 2015, the City Council approved the implementation of a Mandatory
Commercial Organics Recycling Program complete with outreach, education and
monitoring (Attachment D). However, adopting an ordinance was not recommended at
that time due to the need for additional code enforcement efforts, and having to divert
code enforcement staff’s limited time and resources on enforcement of the ordinance
and penalizing violating businesses and MF dwellings. In light of the stricter
requirements and the latest notice from CalRecycle, Staff believes an ordinance now is
warranted to seek higher compliance rate.
DISCUSSION:
A.B. 341 and A.B. 1826 require each jurisdiction to implement commercial recycling and
commercial organics recycling programs designed to divert waste generated by
regulated businesses and MF dwellings. Both bills require jurisdictions the task of
“education, outreach, and monitoring of businesses and MF dwellings.” However,
neither bill included penalties for lack of compliance by the regulated businesses or MF
dwellings. Enforcement and penalizing for non-compliance was left to the jurisdiction.
To address enforcement, the proposed ordinance includes penalties.
Since 2012, Staff has worked closely with four of its commercial haulers, CalMet,
Consolidated/Republic, EDCO, and Waste Management, which service businesses and
MF dwellings subject to these two regulations. The haulers identified, provided outreach
and educational materials informing customers of the state requirements and provided a
list of subject businesses and MF dwellings including their non-compliant customers.
Additionally, the City informed businesses and MF dwellings of these regulations via
mailers, City newsletter articles, press releases, e-blasts to Palos Verdes Peninsula
Chamber of Commerce members, fliers to all business license applicants and notices to
non-compliant regulated businesses and MF dwellings (Attachment E). However, to
date, only 50% of the City’s regulated businesses and MF dwellings have subscribed to
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recycling and organics collection services. CalRecycle does not consider 50% as
sufficient participation for these mandates, as described below.
Reasons for Non-Compliance
There are several reasons why some regulated businesses and MF dwellings are not in
compliance. Some object to the additional monthly cost of recycling services, especially
organics recycling services. Others have a lack of adequate space for placement of
recycling and organics containers. The economic impacts of complying with this
recycling mandate seems to be a common reason for non-compliance combined with
the lack of a penalty.
CalRecycle 30-Day Notice
Currently, 50% of the City’s subject businesses and MF dwellings are participating in
MCR and MORe. CalRecycle considers this level of participation inadequate, and
notified the City to prepare and submit an Implementation Action Plan (Plan) to address
deficiencies and outline how improvements would be made. Fifty cities in Southern
California have received similar notices. Plans were expected from each of the non-
compliant cities including Rancho Palos Verdes. On February 26, 2020, Staff
responded to CalRecycle’s deficiency notice and as requested, provided an
Implementation Action Plan (Plan) outlining how the City plans to comply with the MCR
and MORe regulations and increase compliance (Attachment C). CalRecycle has not
provided Staff with a desired compliance number, however, it would be safe to assume
that the goal is for cities to reach as close to 100% participation as possible. Staff
discussed options with CalRecycle representatives, other municipalities, haulers , the
City Manager, and the City Attorney’s office. The consensus was the need for an
ordinance that would enforce the mandated regulations set by CalRecycle, and include
outreach and education, monitoring and penalties if and when a regulated business or
MF dwelling does not comply.
Attached for the City Council’s consideration is the draft ordinance (Attachment A). In
summary, the draft ordinance includes the following:
Effective Date: The ordinance, if approved, will be effective January 1, 2021. This will
allow close to seven months for the subject businesses, MF dwellings, haulers and Staff
to educate and provide rates for recycling to regulated accounts, conduct site visits to
obtain an updated list of non-compliant accounts, determine the needed container size
and collection frequency, purchase and place recycling containers, and be ready to
implement all aspects of the new ordinance. This should also allow time for businesses
to recover and plan for the financial effects of COVID-19 health crisis and the temporary
closures of various businesses and loss of revenue.
Mandatory Service: All regulated businesses and MF dwellings will have to subscribe
to recycling and organic recycling. Each hauler will deliver appropriate carts/bins to their
customers and shall charge them for such services. As mentioned above, the customer
may change a hauler, but cannot refuse the required recycling services.
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Estimated Cost to Customers: There should be no financial impact to MF dwellings
because EDCO offers free green waste and commingled recycling (paper, can, bottles,
and cardboard) services. However, due to lack of space to place large green waste
rolloff containers on premises, the majority of MF dwellings may have their landscapers
haul away the green waste. At this time, food waste recycling is not mandated for MF
dwellings.
As for businesses, recycling food waste is mandatory. Organics recycling containers,
due to the weight of food waste, are typically offered in smaller sizes than trash and/or
recycling containers. However, the typical cost for organics waste recycling is twice as
much as the cost for commingled recycling.
For example, a customer pays approximately $75/month for a 96-gallon recycling cart,
while organics waste is not offered in that size (it would be too heavy), and the smaller
65-gallon organics cart would cost approximately $200/month. A 2-cubic-yard recycling
bin costs approximately $110/month, while the same size organics waste bin cost s
approximately $230/month. The average non-compliant account can expect an increase
in the monthly trash bill by a minimum of $340/month, or $4,000 a year. The City has
approximately 80 businesses subject to MORe and MCR. The annual cost for
businesses in the City to have recycling services is estimated at a minimum $72,000 a
year, and approximately $200,000 a year for organics waste. Larger food
establishments such as Terranea Resort, Trump National Golf Club, school district
cafeterias, Marymount California University, Ralphs, Trader Joe’s, and Smart and Final
would pay significantly more. However, their costs would be less if they participate in
food waste donation programs and donate their edible food waste to food banks,
missions, shelters, etc.
Haulers Responsibilities: Haulers will be responsible to conduct site visits, meet and
discuss options with their businesses, find a suitable location for the recycling
carts/bins, and provide a bundled package to customers. A bundled package means
that one hauler would provide all three services, trash, recycling, and organics. The
businesses can choose another hauler based on price, or service; however, the
businesses will have to subscribe for all three services from one hauler of their choice.
Monitoring: The haulers would provide information on compliance to Staff. Staff will
send notices to non-compliant businesses and MF dwellings. If businesses or MF
dwellings do not comply, additional enforcement and penalties could result.
Enforcement and Penalties: This ordinance will have a phased approach with
emphasis on outreach and education by City Staff. Penalties will be based on a phased
approach, allowing the violating business time to seek a hauler and contract for the
needed recycling and/or organic recycling services before being assessed an
administrative penalty. If a business or MF dwelling is still not in compliance, there will
be a notice of violation issued and a subsequent visit by Code Enforcement and a
deadline for corrective action will be sent. If not corrected by the deadline, an
administrative penalty or infraction will be issued. There will be an escalation of fines for
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repeat non-conformance based on the City’s penalty (administrative fine) schedule or
the City’s infraction schedule which is $100 for the first violation, $200 for the second
violation and $500 for the third and subsequent violations.
Exemptions and Exclusions: The CalRecycle regulations allow exemptions and
exclusions based on specific criteria. The City’s proposed ordinance closely mirrors
those criteria, which are: exemptions for non-generation of recyclable materials, space
constraints and zoning consideration, self -hauling, exclusion for gardener and
contractors, and exclusion for a customer who subscribes to less than 2 cubic yards of
garbage collection service per week. These will all be subject to verification and
inspection and ultimately must be approved by the City.
S.B. 1383: The state Legislature also passed S.B. 1383, Organics Diversion from
Landfills and Methane Emissions, which targets greenhouse gas reduction. This
unfunded state mandate and regulation will take effect and is enforceable as of January
1, 2022 and will affect all residential (single and MF dwellings) and businesses
throughout the state. This proposed ordinance does not address S.B. 1383. S.B. 1383
will require local jurisdictions to provide mandatory organic waste collection services.
These services will be required to include food waste recycling for all residents and
businesses, monitoring containers for contamination, the implementation of commercial
edible food donation programs, establishing mandatory minimum penalties on residents
and businesses for non-compliance, developing sufficient organics waste recycling
infrastructure capacity, and procuring recovered organic waste products such as mulch,
compost, electricity, transportation fuel, or heating fuel. CalRecycle will be presenting a
model ordinance by the end of the 2020, or early 2021 for requirements associated with
S.B. 1383. CalRecycle’s hope is for cities to use that model ordinance as a guide so
when cities prepare their own individual S.B.1383 compliance ordinances, it will both
save staff time and result in ordinances with similar language. Staff and the City
Attorney’s office will present another ordinance that will address requirements specific
to S.B. 1383 at a later time.
If acceptable to the City Council, Staff recommends that the ordinance be introduced
this evening and adopted, as part of the second reading, on May 5, 2020. Any changes
to the ordinance requested by the City Council will be presented for adoption at that
meeting. The ordinance, if approved, will be effective January 1, 2021 .
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Direct Staff to add, modify, or eliminate sections of the proposed
Ordinance No.___.
2. Take other action as deemed appropriate.
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01203.0006/628836.5 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, REPEALING AND REPLACING
CHAPTER 8.20 (SOLID WASTE COLLECTION AND DISPOSAL) OF
TITLE 8 (HEALTH & SAFETY) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE, RELATED TO SOLID WASTE COLLECTION AND
RECYCLING
WHEREAS, the City Council of the City of Rancho Palos Verdes wishes to
maintain a safe, controlled, and cost-efficient commercial and multi-family residential
recycling program, which serves as a convenience to the community and preserves the
public health and safety.
WHEREAS, the City Council finds that reducing the amount of solid waste
entering the waste stream is necessary for the public health, safety, and welfare, will
reduce impacts to landfills and reduce greenhouse gas emissions attributable to solid
waste, and is mandated by the State, in conformance with Assembly Bill 32, Assembly
Bill 341, Assembly Bill 939, Assembly Bill 1826, and Senate Bill 1016
WHEREAS, Chapter 12.9 of Part 3 of Division 30 of the California Public
Resources Code (Section 42649.8 et seq.) establishes requirements for the recycling of
organic waste.
WHEREAS, in 2015 and 2017, the City Council negotiated amendments of the
franchise agreements with the solid waste haulers serving, respectively, residences and
businesses to include provisions regarding organics recycling. The residential properties
waste hauler was scheduled to provide the City with a plan by mid-2019 for the
recycling of green waste and for multi-family residential organics recycling. The waste
haulers serving businesses agreed to abide by the requirements of Assembly Bill 1826
and Assembly Bill 341.
WHEREAS, Assembly Bill 1826 (2014) imposed statewide organic recycling
requirements that will help the State meet its goal to recycle 75% of its waste by 2020.
The law requires that businesses arrange for recycling services for the following types
of organics: food waste, green waste, landscape and pruning waste, nonhazardous
wood paste, and fool-soiled paper. Multifamily dwellings must arrange for recycling
services for the same material with the exception of food waste and food -soiled paper.
WHEREAS, Assembly Bill 341 (2012) increased the State’s waste diversion goal
from 50% to 75%, and required California commercial businesses and public entities
that generate 4 or more cubic yards per week of waste , and multi-family housing
complexes with 5 or more units, to adopt recycling practices. Assembly Bill 341 required
local jurisdictions to inform businesses about the recycling requirement and to keep
track of the level of recycling within the business community. In addition, each
jurisdiction is required to report to CalRecycle, the state agency that oversees recycling
and solid waste, on progress in the business community.
WHEREAS, Public Resources Code section 42649.82(d)(vii)(C) states that the
organic waste recycling program shall “require the jurisdiction to notify a business if the
business is not in compliance with Section 42649.81” of the Public Resources Code.
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WHEREAS, the City Council, by adopting this ordinance, wishes to ensure the
City’s compliance with the State recycling mandates and to maximize reduction of waste
in the City.
NOW , THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1: The forgoing recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. Chapter 8.20 (Solid Waste Collection and Disposal) of Title 8
(Health & Safety) of the Rancho Palos Verdes Municipal Code is repealed and replaced
with the following:
Chapter 8.20 - SOLID WASTE COLLECTION AND DISPOSAL
ARTICLE I - GENERAL
8.20.110 - Findings and Purpose
A. The City Council finds that the storage, accumulation, collection, and disposal of
solid waste is a matter of great public concern, in that improper control of such
matters may create a public nuisance, or lead to air pollution, fire hazards, insect
breeding, rat infestation, and other problems affecting the health, welfare, and
safety of the residents of this and surrounding cities. The periodic collection of solid
waste from all residential and commercial premises within the city and the letting
of one or more exclusive or nonexclusive contracts or franchises by the city for
such collection will provide the most orderly and efficient solution to such problems
and promote the public health, safety, and welfare.
B. The purpose of this chapter is to:
1. Establish requirements for the collection and recycling of recyclable
materials and collection, and processing of organic materials generated
from commercial facilities and multifamily dwellings.
2. Assist the city in complying with the Act, which provides for mandatory
commercial and organics recycling.
3. Augment voluntary recycling efforts to further the city’s recycling and
diversion goals.
4. Reduce greenhouse gas emissions associated with the mining and
manufacturing of goods from virgin materials and associated with the
disposal of solid waste in landfills.
5. Further protect the natural environment and human health as well as
enhance the economy through increased recycling and organics processing
activities.
8.20.120 - Definitions
A. The words and phrases used in this chapter shall have the following meanings,
unless it is apparent from the context that a different meaning is intended:
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“Act” means the California Integrated Waste Management Act of 1989, codified as
Public Resources Code Section 40000 et seq., and as may be amended, including
but not limited to Assembly Bill 341 and Assembly Bill 1826, and CalRecycle’s
implementing regulations.
“Administrator” means the city manager or the city manager’s designee.
“Authorized collector” or “collector” means a solid waste enterprise operating under
the provisions of a collection agreement pursuant to Section 8.20.260, if such a
collection agreement has been awarded.
“CalRecyle” means the California Department of Resources Recycling and
Recovery.
“Collection” means the operation of gathering together within the city, and
transporting by means of a motor vehicle to the point of disposal or processing, of
any solid waste.
“Collector agreement” means an agreement to collect or dispose of solid waste in
the city entered into pursuant to Section 8.20.120.
“Commercial business owner” means any person, firm, corporation or other
enterprise or organization holding or occupying, alone or with others, commercial
premises, whether or not it is the ho lder of the title or the owner of record of the
commercial premises.
“Commercial premises” means all occupied real property in the city, except
property occupied by federal, state or local governmental agencies which do not
consent to their inclusion, and except residential premises, and shall include,
without limitation, wholesale and retail establishments, restaurants and other food
establishments, bars, stores, shops, offices, service stations, repair, research and
development establishments, profession al services, sports or recreational
facilities, construction and demolition sites, a multiple dwelling that is not a
residential premises (e.g., retirement homes, convalescent and rehab facilities),
institutional premises (e.g., libraries, churches, schools, and colleges), nonprofits,
and any other nonresidential and business facilities, structures, sites, or
establishments in the city.
“Commercial generator” means any legal entity that generates solid waste at a
commercial facility, which may include businesses; charitable or nonprofit
organizations, including hospitals, educational institutions, and civic or religious
organizations; governmental organizations, agencies, or entities; and
nonresidential tenants or entities that lease or occ upy space. “Commercial
generator” also includes the city and its facilities and nonresidential properties.
“Commercial solid or semi-solid waste” includes all types of solid waste generated
by a store, office, or other commercial or public entity source, including a business
or a multifamily dwelling of five or more units.
“Composting” means the biological decomposition of organic materials such as
leaves, grass clippings, brush, and food waste into a soil amendment. Composting
is a form of recycling.
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“Construction site” or “demolition site” means any real property in the city in, on or
from which a building or structure is being fabricated, assembled, erected or
demolished, and which produces construction or demolition solid waste which
must be removed from the property, and requires the use of commercial refuse
containers.
“Construction waste” means any solid waste or debris generated as the result of
construction or demolition, including without limitation, discarded packaging or
containers and waste construction materials, whether brought on site for
fabrication or used in construction or resulting from demolition, excluding liquid
waste and hazardous waste.
“Container” means any vessel, tank, receptacle, box, cart, or bin permitted to be
used for the purpose of holding solid waste, organics, or recyclable materials for
collection.
“Disposal” means the complete operation of treating and disposing of solid waste
after the collection thereof.
“Electronic waste” means mobile phones, computers, monitors, copiers, fax
machines, printers, televisions, and other electronic items.
“Food service establishment” means any and all restaurants, sales outlets, stores,
shops, manufacturers, processors, vehicles or other places of business located or
operating within the city that function primarily to sell, manufacture, process, or
distribute foods or beverages to consumers or other businesses.
“Garbage” means any mixture of putrescible and nonputrescible solid and semi-
solid wastes, including trash, residential refuse, commercial solid and semi-solid
waste, vegetable or animal solid and semi-solid waste, and other solid and semi-
solid waste destined for disposal sites. Garbage does not include construction
waste, recyclable materials, or organic waste.
“Green waste” or “yard waste” means leaves, grass clippings, brush, branches,
mulch, and other forms of organic materials generated from landscapes or
gardens, separated from other solid waste.
“Hazardous waste” means and includes waste defined as hazardous by Public
Resources Code Section 40101 as it now exists or may subsequently be amended,
namely, a waste or combination of wastes, which because of its quantity,
concentration, or physical, chemical or infectious characteristics, may do either of
the following: (i) cause or significantly contribute to, an increase in mortality or an
increase in serious irreversible, or incapacitating reversible, illness; (ii) pose a
substantial present or potential hazard to human health or environment when
improperly treated, stored, transported, or disposed of, or otherwise managed.
“Hazardous waste” includes extremely hazardous waste and acutely hazardous
waste, and any other waste as may hereafter from time to time be designated as
hazardous by the Environmental Protection Agency (“EPA”) or other agency of the
United States Government, or by the California Legislature or any agency of the
state of California empowered by law to classify or designate waste as hazardous,
extremely hazardous or acutely hazardous.
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“In the city” or “within the city” means within the limits of the city as such limits exist
on the effective date of this chapter or may thereafter exist by virtue of the
annexation of territory to or detachment of territory from the limits of the city.
“Market refuse” means fruits and vegetables that are not at their peak of freshness
but that are edible and can be donated.
“Manure” means the waste droppings from any animal.
“Multifamily dwelling” means a residential structure with five or more dwelling units.
“Multifamily generator” means tenants, residents, other occupants, and custodians
or janitors of multifamily dwellings.
“Organic waste” shall have the same meaning as Section 42649.8 (d) of the
California Public Resources Code.
“Person” means any individual, legal entity, association, firm, partnership,
corporation, or any other group or combination thereof acting as a unit.
“Processing” means the reduction, separation, recovery, and conversion of solid
waste.
“Public agency” means any governmental agency or department thereof, whether
federal, state, or local.
“Recyclable” shall mean a material that can be processed into a form suitable for
reuse through reprocessing or remanufactured consistent with the requirements of
AB 939.
“Recyclable materials” means residential or commercial source-separated
byproducts of some potential economic value, set aside, handled, packaged, or
offered for collection in any manner different from refuse.
“Recycling” means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise become solid waste, and returning
them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products which meet the quality standards necessary to be used in
the marketplace. Recycling does not include transformation as defined in Public
Resources Code Section 40201.
“Rendering” is a process that converts waste animal tissue into stable, usable
materials. Rendering can refer to any processing of animal products into more
useful materials, or, more narrowly, to the rendering of whole animal fatty tissue
into purified fats like lard or tallow.
“Residential householder” means any person or persons holding or occu pying
residential premises in the city, whether or not the owner of the residential
premises.
“Residential premises” means any dwelling unit within the city, including, without
limitation, multiple unit residential complexes, such as rental housing projec ts,
condominiums, apartment houses, mixed condominiums and rental housing, and
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mobilehome parks, except any multiple dwelling which, with the prior written
approval of the city manager or designee, receives commercial bin service.
“Resource recovery” means any use of solid waste collected pursuant to this
chapter, except for landfill disposal or transfer for landfill disposal. “Resource
recovery” shall include, but is not limited to, transformation, composting, and multi -
material recycling.
“Self-haul” means to transport one’s own solid waste to the appropriate processing
facility by using a vehicle owned by the solid waste generator rather than using the
hauling services of an authorized collector.
“Self-hauler” means a solid waste customer, commercial generator, multifamily
generator, or special event that transports its own recyclable materials to a
recycling facility or organic materials to an organics processing facility by using a
vehicle owned by that transporting entity rather than using the hauling services of
an authorized collector.
“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes,
generated in or upon, related to the occupancy of, remaining in or emanating from
residential premises or commercial premises, including garbage, recyclable
materials, and organics; provided, however, that solid waste shall not include
hazardous waste, furniture and household appliances, commercial appliances,
electronic waste, and construction waste.
“Solid waste customer” means the person responsible for managing solid waste at
commercial or residential premises, including subscribing to solid waste collection
services with an authorized collector or self-hauling solid waste, or the person to
whom the authorized collector submits billing invoices for collection from a
commercial generator or multifamily generator. Solid waste customers shall
include organizers and/or hosts of special events.
“Solid waste enterprise” means any individual, partnership, joint venture,
unincorporated private organization, or private corporation regularly engaged in
the business of providing solid waste handling services.
“Solid waste handling services” means the collection, transportation, storage,
transfer, or processing of solid wastes for residential or commercial users or
customers.
“Source-separated recyclable materials” means recyclable materials separated on
commercial premises from solid waste for the purpose of sale, not mixed with or
containing more than incidental or minimal solid waste, and having a market value.
“Special event” means shall have the same meaning as provided in Section
12.20.030 of this code.
B. Nothing contained in this section shall be deemed to preclude the city and any solid
waste enterprise from incorporating into any collector agreement definitions relating
to their respective contractual rights and obligations which may differ from or augment
those set forth herein.
8.20.130 – Solid Waste Collection Services Mandatory
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A. Except as set forth in Section 18.20.450 (Exceptions and Exemptions), each
residential owner, commercial business owner, and special event organizer shall
utilize the services of the authorized collector for the collection of solid waste and
recyclable materials from the residential, commercial, or special event premises held
or occupied by such owner or organizer, and shall pay for such services the fees set
by the authorized collector. No residential or commercial business owner, or special
event organizer, shall enter into an agreement for solid waste handling services with
any person, firm, or corporation other than the authorized collector, except as
otherwise provided in this chapter.
B. No person, firm, corporation, or solid waste enterprise, other than an authorized
collector, shall negotiate or contract for, undertake to receive, collect or transport solid
waste or recyclable materials from within the city for a fee, service charge , or other
consideration therefor, except as specifically provided herein.
8.20.140 – Collection charges
A. The city council may, by resolution or an approved collection agreement, place a limit
on the rates authorized collectors may charge for the collection of solid waste. No
collector shall charge any rate or fee which is greater than the maximum rate
permitted by the city council.
B. Every solid waste customer shall pay the rates for collection services rendered
pursuant to this chapter. The occupant of the premises, if different from the owner,
shall be primarily responsible for payment of all such fees an d charges. Should the
occupant fail to pay all such fees and charges so that they become delinquent, then
the owner of such premises shall become responsible for the payment of all such
fees and charges, including any delinquency.
8.20.150 – Prohibitions; Penalties
A. It is unlawful at any time for any person, including collectors, to burn, bury, or dump
any solid waste or recyclables within the city other than in strict compliance with this
chapter.
B. Any person who deposits or causes to be deposited any solid waste on the public
right-of-way or private property, other than in compliance with this chapter, shall
immediately sweep up and remove the same.
D. Except as may otherwise be indicated, violations of the provisions of this chapter are
punishable as infractions or as administrative violations, as provided in Chapters 1.08
(General Penalty) and 1.16 (Administrative Violations), respectively.
D. Any violation of this chapter is deemed a public nuisance and may be abated as such.
E. The city’s remedies shall not be mutually exclusive. The city may avail itself of any
and all available remedies at law or equity, alone or in combination.
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ARTICLE II – SOLID WASTE COLLECTORS
8.20.210 License requirements
A. The city council may award an exclusive or nonexclusive collection agreement
for the collection and disposal of solid waste from residential, commercial, and
special event premises in the city to an authorized collector.
B. No person may collect solid waste in the city without having first obtained a
business license from the city pursuant to Chapter 5.04 of this code, and any
other permit required by any public agency.
8.20.220 Authorized collectors
A. Authorized collectors shall keep separate garbage, recyclable materials, and
organic materials that have been segregated into separate containers by solid
waste customers.
B. Every authorized collector shall offer to its customers all solid waste hauling
services contemplated in this chapter that are applicable to the customer , and
shall provide the appropriate containers as requested by the customer .
C. Authorized collectors shall ensure that garbage is delivered to a disposal site that
is designed and constructed in accordance with Section 2530 et seq. of Title 23
of the California Code of Regulations. Any such disposal site shall have valid and
current permits from all necessary governmental agencies for it to operate as a
Class III Sanitary Landfill, and must be in full regulatory compliance.
D. Authorized collectors shall ensure that segregated recyclable materials are
delivered to an appropriately licensed recycling facility and that segregated
organic materials are delivered to an appropriately licensed organics processing
facility, except that a container that contains unacceptable levels of
contamination may be delivered for garbage disposal. In this event, the collector
shall keep records of the following: the occurrence; the date of the occurrence;
and the account name, primary contact, phone number, billing address, and
service address for the solid waste customer at which the container is located.
Such records shall be provided to the City upon request.
E. Authorized collectors shall conduct their operations with the least possible
obstruction and inconvenience to public traffic or disruption to the peace and
quiet of the area within which collections are made. Noise emitting from any
collection shall not exceed 75 decibels when measured at a distance of 25 feet.
F. Within five days of request by the city, authorized collectors shall provide
progress reports providing the following information, at a minimum:
1. Total number of solid waste customers to whom the authorized collector
currently provides garbage, recyclable materials, and organic materials
collection service within the city’s boundaries;
2. For each solid waste customer, the account name, identifying number,
primary contact, phone number, billing address, and service address;
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3. Information on the type of collection service provided, such as garbage,
recyclable materials, or organic materials services;
4. The weekly volume and type of collection service provided, including the
number, type, and size of containers serviced and the days of service for
each container;
5. Name and location of the solid waste facilities where materials are
delivered for processing;
6. List of accounts not in compliance with this chapter, including whether
they are excluded or exempt based on the exemptions in RPVMC §
8.20.450 (Exceptions and Exemptions).
7. Records of containers of recyclable or organic materials that had to be
disposed of with garbage because of contamination.
G. Collectors shall maintain all records required by this chapter for three years.
8.20.230 - Vehicle standards
A. No person may operate any vehicle for the collection of solid waste in the city
unless a tag has been affixed to the vehicle indicating that the owner of the vehicle
has a valid collection agreement and valid business license, and that the license tax
for such vehicle has been paid. The nature, design, and placement of such tags
shall be as specified by the administrator. Tags may not be transferred from one
vehicle to another without the written approval of the administrator.
B. Any collector’s vehicle utilized for the collection, transportation, or disposal of solid
waste in the city shall comply with the following standards:
1. Each vehicle shall be equipped with watertight bodies fitted with close -fitting
metal covers. and used so that no solid waste, oil, grease, or other substance will
blow, fall, or leak out of the vehicle.
2. A broom and shovel shall be carried on each vehicle at all times, and any waste
that spills during collection shall be immediately cleaned up.
3. Each vehicle shall comply with all applicable statutes, laws, or ordinances of any
public agency.
4. Each vehicle must be under 10 years of age unless otherwise specifically
authorized in writing by the administrator. The city may adjust this requirement
downward in its agreements with authorized collectors.
5. Routine motor carrier inspections by the California Highway Patrol will be
required annually on each vehicle, and certificates of proof of inspection shall be
filed with the administrator. Vehicles must be determined to be in compliance with
applicable motor carrier safety-related statutes and regulations. Brakes shall be
inspected quarterly and proof of inspection shall be filed with the administrator.
6. All vehicles shall at all times be kept clean and sanitary, in good repair, and well
and uniformly painted to the satisfaction of the administrator.
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7. The authorized collector’s name and its telephone number shall be printed in
legible letters not less than five inches in height on both sides and rear of all the
collector’s vehicles used in the city.
8. All vehicles must meet AQMD air quality standards or operate on alternative low
emissions fuel.
B. Violations. In addition to the penalty provisions provided for in Section 8.20.150,
above, should the administrator give notification at any time to a collector that any of
such collector’s vehicles is not in compliance with the standards of this chapter,
such vehicle shall forthwith be removed from service by the collector and the permit
tag removed. The vehicle shall not again be utilized in the city nor shall the permit
tag be replaced until the vehicle has been inspected and approved by the
administrator. The collector shall maintain its regular collection schedule regardless
of such action.
8.20.240 - Collector’s indemnification and insurance requirements
A. Each authorized collector shall furnish the city a policy or certificate of insurance
insuring the authorized collector in an amount not less than $2,000,000 per
occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and
property damage; and automobile liability in the sum of $1,000,000 combined single
limit for each accident. These limits shall be subject to annual review by the city for
the purpose of reasonably adjusting to current insurance conditions and
requirements. A greater amount may be required in the collector agreement. The
insurance shall provide that the coverage is primary and that any insurance
maintained by the city shall be excess insurance, shall be procured from an in surer
authorized to do business in the state of California, shall name the city of Rancho
Palos Verdes and its officers, employees and agents as additional insureds and shall
not be canceled or modified without first giving to city thirty days’ prior writt en notice.
B. Each collector shall at all times provide, at its own expense, workers’ compensation
insurance coverage for all employees. Each collector shall file and maintain
certificates with the administrator showing the insurance to be in full force a nd effect
at all times the collector shall have a license issued by the city.
C. City To Be Free From Liability. Any collector or person who collects, transports, or
disposes of solid waste or recyclables within the city shall indemnify, defend, and hold
harmless the city and its officers, employees, and agents against any and all claims,
demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and
deficiencies, including interest, penalties and reasonable attorneys fees, that the city
shall incur or suffer, which arise, result from or relate to the collection, transportation,
or disposal of solid waste or recyclables by that person.
8.20.250 - Office for inquiries and complaints
A. The collector shall maintain an office at some fixed location and shall maintain a
telephone at the office, listed in the Rancho Palos Verdes telephone directory in the
firm name by which it conducts business in the city, and shall at all times during the
hours between 8:00 a.m. and 5:00 p.m. of each weekday, and between 9:00 a.m. and
12 p.m. on Saturday (if collecting solid waste in the city on that day) have some
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person at the office to answer inquiries and receive complaints. The telephone
number shall be a toll-free number. The collector shall provide to the administrator an
emergency telephone number that can be reached 24 hours a day.
B. The collector shall maintain at its office a written log of all complaints received. The
log shall contain the date of complaint, the complainant’s name, address , and
telephone number, the nature of the complaint, the action taken or the reason for
nonaction, and the date such action was taken. All inquiries and complaints shall be
promptly answered and dealt with to the satisfaction of the administrator. The log of
complaints and other records pertaining to solid waste collection and disposal shall
be open to inspection by the city at all reasonable times.
8.20.260 – Frequency and hours of collection
A. Each collector shall collect and dispose of all solid waste placed for collection in
compliance with this chapter from each solid waste customer premises at least once
during each calendar week, and not more than 6 days shall elapse between one
collection and the next unless the regular day of collection fall s on a holiday. Routes
of collection shall be so arranged that collection from any premises will be made on
the same day of each week. Each collector shall possess a sufficient number of
vehicles, including spares, to maintain the collection schedule at all times. Collectors
shall optimize their routes so as to reduce wear and tear on city streets.
B. When the collection day falls on January first, Memorial Day, July Fourth, Labor Day,
Thanksgiving Day or December 25th, the residential collector shall elect one of the
following options:
1. Collect on the holiday;
2. Collect one day prior to or one day after the holiday, provided that regular
collection can be maintained on the regularly scheduled days the remainder of
the week.
C. No collection or delivery/removal of containers shall be made between the hours of
7:00 p.m. and 7:00 a.m. Monday through Saturday or at any time on Sunday.
8.20.270 - Recycling and resource recovery.
A. Every collector shall attempt to improve its methods of collection, storage, handling,
processing, and disposal of solid waste in order to maximize solid waste recovery,
reduction of solid waste, and reuse of recyclable materials.
B. All solid waste placed for collection at any customer premises or at any location
designated by the city for the collection of solid waste shall be and become the
property of the city or its authorized collector.
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ARTICLE III – CONTAINERS FOR SOLID WASTE
8.20.310 - Unauthorized use of containers
A. No person other than the collector who provides collection services at the
premises, or the owner of the container or such owner’s agent or employee or
the person upon whose premises such container is located, shall remove any
material from any solid waste container.
B. No person other than the owner or occupant of the premises where a container is
located, or the collector who provides collection services at the premises where
the container is located, shall handle a container. Any solid waste customer who
damages or destroys a container shall be charged a replacement fee. A solid
waste customer shall not be charged a replacement fee if the container that is
damaged or destroyed due to ordinary wear and tear.
C. No person shall intentionally tamper with, injure, destroy or remove any container
or other equipment used for the storage of solid waste. No person shall throw
containers from any vehicle to the ground, or in any other manner break,
damage, or roughly handle containers.
8.20.320 - Containers for garbage, organics, market refuse, and rendering waste
Any container to be placed for collection containing garbage, organics, market
refuse, or rendering waste shall have a tightly fitting cover, which cover shall be used at
all times.
8.20.330 - Containers at residential premises
A. Every person occupying or in possession of any residential premises in the city shall
provide or be provided with sufficient containers to accommodate the amount of solid
waste generated by the premises. Residents can subscribe to the appropriate service
level by choosing the cart size and number of containers. The containers shall be
constructed of hard rubber or rigid plastic, and shall be constructed so as not to permit
the contents to sift or pass through any opening other than the top.
B. Containers suitable for automated collection are available in 35, 64 and 96 gallon
capacities.
C. Containers suitable for manual collection must be able to be emptied into an
automated collection cart or into front or rear-end loader vehicles, shall have a
capacity of not more than 45 gallons, and shall weigh not more than 60 pounds when
placed for collection.
D. Other types of containers are allowed to be used for the following city-approved
special events on residential premises: the twice yearly excess trash collection
events; the twice yearly brush clearing events; and during specified weeks within the
winter holiday season.
E. Any green waste that cannot be placed in a container may be placed for collection at
the same place and time as the container, if they are securely tied in bundles that are
not heavier than 50 pounds, not more than 4 feet in length, and not more than 18
inches in diameter.
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F. Curbside Service.
1. In the case of residential premises that receive curbside service, each container
(including bundles) shall be kept on the premises from which it is to be collected
except on the day designated for collection. On the appropriate day the containers
shall be placed for collection on the curb in front of the premises or on the curb at
the side of the premises where the premises are adjacent to more than one street.
When the premises are adjacent to a paved alley of sufficient width to allow easy
passage of collection vehicles, the containers shall be placed within 2 feet of the
rear property line of the premises and must be readily accessible for collection from
the alley. The collector and residential customer may agree, for an addi tional fee,
or the administrator may require, under unique circumstances, that collection be
made from another location on the premises.
2. No residential customer who receives curbside refuse removal service shall place
or permit to be placed any solid waste or solid waste container at the place of
collection at the residential premises before 4:00 p.m. of the day preceding the
scheduled collection or leave any such container at the place of collection after
10:00 p.m. on the day of collection.
8.20.340 - Cardboard boxes or paper bags
No cardboard box or paper bag shall be used as a container for solid waste.
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ARTICLE IV – SOLID WASTE GENERATORS
8.20.410 – Solid Waste Customers - General
Each solid waste customer shall be responsible for ensuring and demonstrating its
compliance with the requirements of this chapter. Subject to the exemptions in Section
8.20.450 (Exceptions and Exemptions), each solid waste customer shall:
A. Subscribe to an adequate level of service for garbage, recyclable materials, and
organic waste generated; provided that a solid waste customer need not
subscribe to hauling services for materials that the solid waste customer self-
hauls to the appropriate processing facility.
B. Provide, directly or through an authorized collector, appropriate and sufficient
containers, placed in appropriate and accessible locations with adequate
signage, to ensure maximum segregation of garbage, recyclable materials, and
organic waste by all solid waste customers, and to ensure maximum segregation
of organic materials by food service establishments.
C. Post and maintain signs containing information and instructions on the proper
segregation and storage of garbage, recyclable materials, and organic waste in
areas where containers are located.
D. Ensure that all containers used for collecting and storing garbage, recyclable
materials, and organic waste (1) are affixed with or have adjacent to the
container signs that display the appropriate information to enable users to clearly
differentiate which containers are used for which materials; (2) display the name
of the authorized collector that provides collection service of the container; and
(3) ensure that users of the containers make eff orts to minimize the
contamination of recyclable materials and organic waste placed in the containers.
E. Provide this chapter’s requirements and appropriate educational materials to all
solid waste generators at least once each year. All new customers sha ll receive
this information upon occupancy, employment, or contracting. Educational
materials shall include (1) the requirement and procedures to ensure the
accurate segregation of recyclable materials and organic materials from garbage;
(2) the commercial generator’s, multifamily generator’s, or special event’s
responsibilities regarding compliance with this chapter; and (3) the types and
location of recyclable materials, organic materials, and garbage containers.
F. Ensure that instructions or training materials provided to solid waste customers
are promptly made available to the city upon request.
G. Ensure that the contents of the recyclable materials and organic waste
containers are not collected for garbage disposal unless the contents of these
containers include unacceptable levels of contamination. Solid waste customers
shall be assessed a premium fee based on the size of the container for
recyclable materials and organic waste containers that are collected for garbage
disposal by the solid waste collector if the contents of their recyclable materials
and organic waste containers contain unacceptable levels of contamination.
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H. Ensure that occupants of residential premises separate solid waste, recyclables,
and organics and place them in the appropriate carts for pickup. When the
occupant of the premises is not the owner, the owner is responsible to instruct
the occupant in property separation and placement of solid waste, recyclables,
and organics.
I. Contract for all required solid waste hauling services with one authorized
collector only.
8.20.420 Commercial generators
Each commercial generator shall be responsible for ensuring and demonstrating its
compliance with the requirements of this chapter. Each commercial generator shall:
A. Ensure the segregation of recyclable materials and, for food service
establishments, organic materials from garbage by placing each type of material
in a separate designated containers. Commercial generators shall be assessed a
premium fee based on the size of the container for recyclable materials and
organic materials containers that are collected for garbage disposal by the
franchisee if the contents of their recyclable materials and organic materials
containers contain unacceptable levels of contamination.
B. Provide adequate instructions to employees, contractors, and volunteers of the
requirements of this chapter, including (1) the requirement and procedures to
ensure the segregation of recyclable materials and, for food service
establishments, organic materials, from garbage; (2) the employees’,
contractors’, and volunteers’ responsibilities regarding compliance with this
chapter; and (3) the types and location of containers for recyclable materials,
organic materials, and garbage.
C. Provide an adequate number and type of labeled containers needed for
segregating and storing recyclable materials and, for food service
establishments, organic materials; and provide adequate access to these
containers.
D. Post and maintain signs containing information and instructions on the proper
segregation and storage of recyclable materials and, for food service
establishments, organic materials, in areas where containers are located.
E. Ensure that all containers used for collecting and storing recyclable materials,
organic materials, and garbage are affixed with signs or labels that display the
appropriate information to enable users to clearly differentiate which containers
are used for recyclable materials, organic materials, and garbage to minimize the
contamination of material placed in the containers.
F. Ensure that instructions or training materials provided to employees, contractors,
and volunteers are promptly made available to the city upon request.
8.20.430 Multifamily generators
Each multifamily generator shall participate in programs covered by this chapter that
require segregating recyclable materials and organic materials from garbage and
depositing them in designated containers.
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8.20.440 Recycling of Organics
A. Effective January 1, 2021, solid waste generators shall comply with the
requirements of Chapter 12.9 of Part 3 of Division 30 of the California Public
Resources Code (Section 42649.8 et seq.) and the provisions of this chapter
regarding organic waste recycling.
B. Mandatory organics recycling services:
1. On and after the effective date of this ordinance, a business, multi-family
dwelling, or special event that generates four (4) cubic yards or more of
organics per week, or as may be amended by CalRecycle, must arrange
for recycling services specifically for organics in the manner specified in
subsection C of this section.
2. On and after the effective date of this ordinance, a business, multi-family
dwelling, or special event that generates four (4) cubic yards or more of
commercial solid waste per week, or as may be amended by CalRecycle,
must arrange for recycling services specifically for organics in the manner
specified in subsection C of this section.
3. On or after January 1, 2020, if CalRecycle determines that Statewide
disposal of organic waste has not been reduced to fifty percent (50%) of
the level of disposal during 2014, a business that generates two (2) cubic
yards or more per week of commercial solid waste must arrange for the
organics recycling services specified in subsection (B)(2) of this section,
unless CalRecycle determines that this requirement will not result in
significant additional reductions of organics disposal.
C. Actions Required: A business, multi-family dwelling, or special event subject to
subsection B of this section must take at least one of the following actions:
1. Source-separate organics from other waste and subscribe to a basic level
of organics recycling service that includes collection and recycling of
organics.
2. Recycle its organics on site or self-haul its own organics for recycling.
3. Subscribe to an organics recycling service that may include mixed waste
processing that specifically recycles organics.
4. Sell or donate its recyclable organics to a person or entity authorized by
law to receive such waste.
D. Food Waste Generating Multifamily Dwellings: Notwithstanding the foregoing, a
multifamily dwelling is not required to arrange for the organics recycling services
specified in subsection C of this section for food waste that is generated by the
dwelling.
E. Reports and Policy Compliance Required: Any business or multi-family dwelling
subject to this chapter must:
1. Report to the city on an annual basis the action the business or dwelling
has taken pursuant to subsection C of this section; the amount of
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commercial solid waste and organics that the business or dwelling
generates per week; the amount of organics recycled per week, and any
other information required by the city to comply with its State mandated
reporting requirements.
2. Comply with the city's mandatory commercial organics recycling program,
adopted by the city council and which may be amended by the
administrator.
F. Notice of noncompliance. The city shall provide notice to any organic waste
generator that fails to comply with this section. The organic waste generator shall have
30 days to come into compliance.
8.20.450 Exclusions and Exemptions
A. Solid waste customers that subscribe to less than 4 cubic yards of garbage, or as
may be amended by CalRecyle, collection service per week shall be excluded
from the requirements of this chapter.
B. No Generation of Recyclable or Organic Materials. Solid waste customers may
be exempt from the requirements of this chapter relating to recyclables or
organics if the solid waste customer demonstrates to the city that no recyclable
materials or organic materials are generated on site.
C. Nothing in this chapter limits the right of any owner or occupant of residential
premises to compost green waste or to donate or sell recyclable materials
generated in or on their residential premises to a recycling facility. No residential
householder shall pay a fee to anyone to collect such recyclable materials, or
employ or engage any solid waste enterprise, other than the authorized collector,
to haul or transport such materials to a transfer station or landfill.
D. Nothing in this chapter shall prevent a commercial business which has its own
recycling or resource recovery program for recyclable materials generated by
such business and not utilizing a solid waste enterprise which provides collection
services for a fee, service charge, or other consideration, from continuing such
recycling or resource recovery program, and the recyclable materials included in
such program are excepted from any contract between the city and the
authorized collector.
E. Nothing in this chapter shall prevent a commercial business owner from selling to
a buyer, for a monetary or other valuable consideration, any source-separated
recyclable materials, including without limitation, any saleable scrap, discard,
reject, by-product, ferrous or nonferrous metal, worn-out or defective part, junk,
pallet, packaging material, paper or other similar item generated in, on or by a
commercial premises or business, and no longer useful to such commercial
business but having market value, whether such buyer is a recycler, junk dealer,
or other enterprise engaged in the business of buying and marketing such
materials in the stream of commerce; provided, however, that such buyer is not
engaged in the business of collecting solid waste for a fee or other charge or
consideration, and that no such materials are transported for disposition to a
landfill or transfer station (as defined in Public Resources Code Section 40200).
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Source-separated recyclable materials within the meaning of this section means
recyclable materials separated on the commercial premises from other garbage
and organic materials for the purpose of sale, not mixed with or containing more
than incidental or minimal garbage or organic materials, and having a market
value.
F. Self-haulers. Nothing in this chapter shall preclude any person or solid waste
customer from self-hauling solid waste generated by them to the appropriate
facility. Self-haulers shall:
1. Obtain a self-hauling permit from the City.
2. Comply with the requirements of this chapter by delivering for recycling
those items that can be recycled by local recycling facilities; self -haulers
that are also food service establishments shall comply by delivering for
organics processing those items that are accepted by local organics
processing facilities. Self-haulers shall deliver garbage to a properly
licensed Class III Sanitary Landfill or transfer station.
3. Provide proof of compliance with this chapter, upon request by the city;
proof includes but is not limited to a receipt from a landfill or transfer
station, or a recycling or organics processing facility that clearly identifies
the type and quantity of material delivered.
G. Landscapers. No provisions of this chapter shall prevent a gardener, tree
trimmer, or person engaged in a similar trade from collecting and properly
disposing of green waste not containing other solid waste when incidental to
providing such gardening, tree trimming, or similar services.
H. Contractors. Construction waste shall be disposed of pursuant to the
requirements of the California Green Building Standards Code, and shall be
hauled only by an authorized collector. No provision of this chapter shall prevent
a licensed contractor having a contract for the demolition or construction of a
building, structure, pavement, or concrete installation from marketing any
saleable items salvaged from such demolition or reconstruction, or from causing
such salvageable items or demolition waste to be removed and transported from
the construction site on which such waste is generated, pursuant to the
provisions of the demolition or construction contract. Construction waste shall not
be disposed of with other solid waste anywhere in the City.
I. Space Constraints and Zoning Considerations. Solid waste customers may be
exempt from the requirements of this chapter if the city determines that either:
1. There is inadequate space for a solid waste customer to store containers
for recyclable materials or organic materials on site and that it is infeasible
for the solid waste customer to share recyclable materials or organic
materials containers with adjacent commercial facilities or multifamily
dwellings.
2. Compliance with this chapter will result in violating city zoning or other
regulations.
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J. Extraordinary Circumstances. Extraordinary and unforeseen events may exempt
collectors or customers from complying with this chapter, for a period not to
exceed 3 months, with possible extensions as needed. This exemption and
additional extensions must be requested in writing, stating the reasons therefor
and providing supporting documentation. The administrator will review the
application and supporting documentation, including but not limited to a site visit,
and will make a determination regarding whether the exemption (or extension) is
warranted, and for how long, and if applicable shall require conditions and/or a
timetable of actions to bring the collector or customer into compliance.
K. Verification of Exemption. The solid waste customer shall petition the city with a
written request for an exemption documenting the circumstances of a claimed
exemption. The city may visit the solid waste customer’s site; examine the
containers for garbage, recyclable materials, or organic mate rials; or take other
actions to verify the circumstances identified in the petition. The city may impose
an administrative fee on petitioning entities to cover the costs of processing such
petitions. The city may require the solid waste customer who is granted an
exemption to submit a renewal of its petition for an exemption every two years
from the date the exemption was granted.
SECTION 3. Severability. The City Council hereby declares, if any provision, section,
subsection, paragraph, sentence, phrase or word of this ordinance is rendered or
declared invalid or unconstitutional by any final action in a court of competent jurisdiction
or by reason of any preemptive legislation, then the City Council would have
independently adopted the remaining provisions, sections, subsections, paragraphs,
sentences, phrases or words of this ordinance and as such they shall remain in full force
and effect.
SECTION 4. Publication. The City Clerk shall certify as to the passage and adoption of
this Interim Urgency Ordinance and shall cause the same to be published in a manner
prescribed by law.
SECTION 5. CEQA. The City Council has considered this Ordinance and finds that this
project is exempt from the requirements of the California Environmental Quality Act
(“CEQA”). The project is categorically exempt from CEQA as an action by a regulatory
agency, as authorized by state law or local ordinance, to ensure the maintenance,
restoration, enhancement, or protection of the environment under Section 15308 of the
CEQA Guidelines. This Ordinance does not contemplate any construction activities, and
there is no evidence to suggest that the Ordinance will result in a significant impact on
the environment, including impacts due to unusual circumstances. Further, as a separate
and independent ground, the City Council finds that the Ordinance is covered by the
general rule that CEQA applies only to projects that have the potential for causing a
significant effect on the environment. Because it can be seen with certainty that t here is
no possibility that the Ordinance will have a significant effect on the environment, the
Ordinance is not subject to CEQA pursuant to State CEQA Guidelines Section 15061
(b)(3).
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SECTION 6. The time within which judicial review of the decision refl ected in this
Ordinance must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
PASSED, APPROVED, AND ADOPTED this day of , 2020.
_____________________
John Cruikshank, Mayor
Attest:
_______________________
Emily Colborn, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. ___ passed first reading on , 2020, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on
, 2020, and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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__________________________
Emily Colborn, City Clerk
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01203.0006/628836.5 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, REPEALING AND REPLACING
CHAPTER 8.20 (SOLID WASTE COLLECTION AND DISPOSAL) OF
TITLE 8 (HEALTH & SAFETY) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE, RELATED TO SOLID WASTE COLLECTION AND
RECYCLING
WHEREAS, the City Council of the City of Rancho Palos Verdes wishes to
maintain a safe, controlled, and cost-efficient commercial and multi-family residential
recycling program, which serves as a convenience to the community and preserves the
public health and safety.
WHEREAS, the City Council finds that reducing the amount of solid waste
entering the waste stream is necessary for the public health, safety, and welfare, will
reduce impacts to landfills and reduce greenhouse gas emissions attributable to solid
waste, and is mandated by the State, in conformance with Assembly Bill 32, Assembly
Bill 341, Assembly Bill 939, Assembly Bill 1826, and Senate Bill 1016
WHEREAS, Chapter 12.9 of Part 3 of Division 30 of the California Public
Resources Code (Section 42649.8 et seq.) establishes requirements for the recycling of
organic waste.
WHEREAS, in 2015 and 2017, the City Council negotiated amendments of the
franchise agreements with the solid waste haulers serving, respectively, residences and
businesses to include provisions regarding organics recycling. The residential properties
waste hauler was scheduled to provide the City with a plan by mid-2019 for the
recycling of green waste and for multi-family residential organics recycling. The waste
haulers serving businesses agreed to abide by the requirements of Assembly Bill 1826
and Assembly Bill 341.
WHEREAS, Assembly Bill 1826 (2014) imposed statewide organic recycling
requirements that will help the State meet its goal to recycle 75% of its waste by 2020.
The law requires that businesses arrange for recycling services for the following types
of organics: food waste, green waste, landscape and pruning waste, nonhazardous
wood paste, and fool-soiled paper. Multifamily dwellings must arrange for recycling
services for the same material with the exception of food waste and food-soiled paper.
WHEREAS, Assembly Bill 341 (2012) increased the State’s waste diversion goal
from 50% to 75%, and required California commercial businesses and public entities
that generate 4 or more cubic yards per week of waste, and multi-family housing
complexes with 5 or more units, to adopt recycling practices. Assembly Bill 341 required
local jurisdictions to inform businesses about the recycling requirement and to keep
track of the level of recycling within the business community. In addition, each
jurisdiction is required to report to CalRecycle, the state agency that oversees recycling
and solid waste, on progress in the business community.
WHEREAS, Public Resources Code section 42649.82(d)(vii)(C) states that the
organic waste recycling program shall “require the jurisdiction to notify a business if the
business is not in compliance with Section 42649.81” of the Public Resources Code.
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WHEREAS, the City Council, by adopting this ordinance, wishes to ensure the
City’s compliance with the State recycling mandates and to maximize reduction of waste
in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1: The forgoing recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. Chapter 8.20 (Solid Waste Collection and Disposal) of Title 8
(Health & Safety) of the Rancho Palos Verdes Municipal Code is repealed and replaced
with the following:
Chapter 8.20 - SOLID WASTE COLLECTION AND DISPOSAL
ARTICLE I - GENERAL
8.20.1010 - Findings and Purpose.
A. The City Council finds that tThe storage, accumulation, collection, and disposal of
garbage, trash, rubbish, debris and other discarded matter, goods and
materialsolid waste is a matter of great public concern, in that improper control of
such matters may create a public nuisance, or lead to air pollution, fire hazards,
insect breeding, rat infestation, and other problems affecting the health, welfare,
and safety of the residents of this and surrounding cities. The periodic collection of
garbage, rubbish and other refusesolid waste from all residential and commercial
premises within the city and the letting of one or more exclusive or nonexclusive
contracts or franchises by the city for such collection will provide the most orderly
and efficient solution to such problems and promote the public health, safety, and
welfare.
B. The purpose of this chapter is to:
1. Establish requirements for the collection and recycling of recyclable
materials and collection, and processing of organic materials generated
from commercial facilities and multifamily dwellings.
2. Assist the city in complying with the Act, which provides for mandatory
commercial and organics recycling.
3. Augment voluntary recycling efforts to further the city’s recycling and
diversion goals.
4. Reduce greenhouse gas emissions associated with the mining and
manufacturing of goods from virgin materials and associated with the
disposal of solid waste in landfills.
5. Further protect the natural environment and human health as well as
enhance the economy through increased recycling and organics processing
activities.
8.20.1020 - Definitions.
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A. For the purposes of this chapter, Tthe words, terms and phrases as defined in this
sectionused in this chapter shall be construed as hereinafter set forthhave the
following meanings, unless it is apparent from the context that a different meaning
is intended:
“Act” means the California Integrated Waste Management Act of 1989, codified as
Public Resources Code Section 40000 et seq., and as may be amended, including
but not limited to Assembly Bill 341 and Assembly Bill 1826, and CalRecycle’s
implementing regulations.
1. Administrator. “Administrator” or “city manager” means the city manager or
the city manager’s designee.
2. Authorized Collector. “Authorized collector” or “collector” means a solid waste
enterprise operating under the provisions of a collection agreement pursuant to
Section 8.20.260, if such a collection agreement has been awarded ; or, if not, the
holder of a valid business license and permit tags pursuant to Sections 8.20.030
and 8.20.40.
“CalRecyle” means the California Department of Resources Recycling and
Recovery.
3. Collection. “Collection” means the operation of gathering together within the
city, and transporting by means of a motor vehicle to the point of disposal or
processing, of any solid waste or recyclables.
4. Collector Agreement. “Collector agreement” means an agreement to collect
or dispose of solid waste or recyclables in the city entered into pursuant to Section
8.20.260120.
5. Commercial Business Owner. “Commercial business owner” means any
person, firm, corporation or other enterprise or organization holding or occupying,
alone or with others, commercial premises, whether or not it is the holder of the
title or the owner of record of the commercial premises.
6. Commercial Premises. “Commercial premises” means all occupied real
property in the city, except property occupied by federal, state or local
governmental agencies which do not consent to their inclusion, and except
residential premises, and shall include, without limitation, wholesale and retail
establishments, restaurants and other food establishments, bars, stores, shops,
offices, service stations, repair, research and development establishments,
professional, services, sports or recreational facilities, construction and demolition
sites, a multiple dwelling that is not a residential premises, (e.g., retirement homes,
convalescent and rehab facilities), institutional premises (e.g., libraries, churches,
schools, and colleges), nonprofits, and any other commercial nonresidential and
business facilities, structures, sites, or establishments in the city.
“Commercial generator” means any legal entity that generates solid waste at a
commercial facility, which may include businesses; charitable or nonprofit
organizations, including hospitals, educational institutions, and civic or religious
organizations; governmental organizations, agencies, or entities; and
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nonresidential tenants or entities that lease or occupy space. “Commercial
generator” also includes the city and its facilities and nonresidential properties.
“Commercial solid or semi-solid waste” includes all types of solid waste generated
by a store, office, or other commercial or public entity source, including a business
or a multifamily dwelling of five or more units.
“Composting” means the biological decomposition of organic materials such as
leaves, grass clippings, brush, and food waste into a soil amendment. Composting
is a form of recycling.
7. Construction Site or Demolition Site. “Construction site” or “demolition site”
means any real property in the city in, on or from which a building or structure is
being fabricated, assembled, erected or demolished, and which produces
construction or demolition solid waste which must be removed from the property,
and requires the use of commercial refuse containers.
8. Construction or Demolition Waste. “Construction or demolition waste” means
any solid waste or debris generated as the result of construction or demolition,
including without limitation, discarded packaging or containers and waste
construction materials, whether brought on site for fabrication or used in
construction or resulting from demolition, excluding liquid waste and hazardous
waste.
9. Container. “Container” means any vessel, tank, receptacle, box, cart, or bin
permitted to be used for the purpose of holding solid waste, green wasteorganics,
or recyclable materials for collection.
10. Disposal. “Disposal” means the complete operation of treating and disposing
of solid waste after the collection thereof.
“Electronic waste” means mobile phones, computers, monitors, copiers, fax
machines, printers, televisions, and other electronic items.
11. Exclusive Solid Waste Handling Services. “Exclusive solid waste handling
services” means any action by the city council, whether by franchise, contract,
license, permit, or otherwise, whereby the city itself, or one or more other local
agencies or solid waste enterprises, has the exclusive right to provide solid waste
handling services of any class or type within all or any part of the territory of the
city. “Food service establishment” means any and all restaurants, sales outlets,
stores, shops, manufacturers, processors, vehicles or other places of business
located or operating within the city that function primarily to sell, manufacture,
process, or distribute foods or beverages to consumers or other businesses.
“Garbage” means any mixture of putrescible and nonputrescible solid and semi-
solid wastes, including trash, residential refuse, commercial solid and semi-solid
waste, vegetable or animal solid and semi-solid waste, and other solid and semi-
solid waste destined for disposal sites. Garbage does not include construction
waste, recyclable materials, or organic waste.
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12. Green Waste, or Yard Waste. “Green waste” or “yard waste” means leaves,
grass clippings, brush, branches, mulch, and other forms of organic materials
generated from landscapes or gardens, separated from other solid waste.
13. Hazardous Waste. “Hazardous waste” means and includes waste defined
as hazardous by Public Resources Code Section 40101 as it now exists or may
subsequently be amended, namely, a waste or combination of wastes, which
because of its quantity, concentration, or physical, chemical or infectious
characteristics, may do either of the following: (i) cause or significantly contribute
to, an increase in mortality or an increase in serious irreversible, or incapacitating
reversible, illness; (ii) pose a substantial present or potential hazard to human
health or environment when improperly treated, stored, transported, or disposed
of, or otherwise managed. “Hazardous waste” includes extremely hazardous
waste and acutely hazardous waste, and any other waste as may hereafter from
time to time be designated as hazardous by the Environmental Protection Agency
(“EPA”) or other agency of the United States Government, or by the California
Legislature or any agency of the state of California empowered by law to classify
or designate waste as hazardous, extremely hazardous or acutely hazardous.
14. In the City or Within the City. “In the city” or “within the city” means within the
limits of the city as such limits exist on the effective date of this chapter or may
thereafter exist by virtue of the annexation of territory to or detachment of territory
from the limits of the city.
“Market refuse” means fruits and vegetables that are not at their peak of freshness
but that are edible and can be donated.
15. Manure. “Manure” means the waste droppings from any animal.
“Multifamily dwelling” means a residential structure with five or more dwelling units.
“Multifamily generator” means tenants, residents, other occupants, and custodians
or janitors of multifamily dwellings.
“Organic waste” shall have the same meaning as Section 42649.8 (d) of the
California Public Resources Code.
“”
16. Person. “Person” means any individual, legal entity, association, firm,
partnership, corporation, or any other group or combination thereof acting as a
unit.
17. Processing. “Processing” means the reduction, separation, recovery, and
conversion of solid waste.
18. Public Agency. “Public agency” means any governmental agency or
department thereof, whether federal, state, or local.
“Recyclable” shall mean a material that can be processed into a form suitable for
reuse through reprocessing or remanufactured consistent with the requirements of
AB 939.
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19. Recyclable Materials. “Recyclable materials” means residential or
commercial source-separated byproducts of some potential economic value, set
aside, handled, packaged, or offered for collection in any manner different from
refuse.means those materials that are suitable for recycling, as the city council
may designate from time to time.
20. Recycling. “Recycling” means the process of collecting, sorting, cleansing,
treating, and reconstituting materials that would otherwise become solid waste,
and returning them to the economic mainstream in the form of raw material for
new, reused, or reconstituted products which meet the quality standards necessary
to be used in the marketplace. Recycling does not include transformation as
defined in Public Resources Code Section 40201.
“Rendering” is a process that converts waste animal tissue into stable, usable
materials. Rendering can refer to any processing of animal products into more
useful materials, or, more narrowly, to the rendering of whole animal fatty tissue
into purified fats like lard or tallow.
21. Residential Householder. “Residential householder” means any person or
persons holding or occupying residential premises in the city, whether or not the
owner of the residential premises.
22. Residential Premises. “Residential premises” means any residential dwelling
unit within the city, including, without limitation, multiple unit residential complexes,
such as rental housing projects, condominiums, apartment houses, mixed
condominiums and rental housing, and mobilehome parks, except any multiple
dwelling which, with the prior written approval of the city manager or designee,
receives commercial bin service.
23. Resource Recovery. “Resource recovery” means any use of solid waste
collected pursuant to this chapter, except for landfill disposal or transfer for landfill
disposal. “Resource recovery” shall include, but is not limited to, transformation,
composting, and multi-material recycling.
“Self-haul” means to transport one’s own solid waste to the appropriate processing
facility by using a vehicle owned by the solid waste generator rather than using the
hauling services of an authorized collector.
“Self-hauler” means a solid waste customer, commercial generator, multifamily
generator, or special event that transports its own recyclable materials to a
recycling facility or organic materials to an organics processing facility by using a
vehicle owned by that transporting entity rather than using the hauling services of
an authorized collector.
24. Solid Waste. “Solid waste” means all putrescible and nonputrescible solid
and semisolid wastes, generated in or upon, related to the occupancy of, remaining
in or emanating from residential premises or commercial premises, including
garbage, recyclable materials, and organicstrash, refuse, paper, rubbish, ashes,
industrial wastes, demolition and construction wastes, discarded home and
industrial appliances, manure, vegetable or animal solid or semisolid wastes, and
other solid and semisolid wastes, as defined in Public Resources Code Section
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49503, excluding liquid wastes and abandoned vehicl es; provided, however, that
solid waste shall not include hazardous waste . , furniture and household
appliances, commercial appliances, electronic waste, and construction waste.
“Solid waste customer” means the person responsible for managing solid waste at
commercial or residential premises, including subscribing to solid waste collection
services with an authorized collector or self-hauling solid waste, or the person to
whom the authorized collector submits billing invoices for collection from a
commercial generator or multifamily generator. Solid waste customers shall
include organizers and/or hosts of special events.
25. Solid Waste Enterprise. “Solid waste enterprise” means any individual,
partnership, joint venture, unincorporated private organization, or private
corporation regularly engaged in the business of providing solid waste handling
services.
26. Solid Waste Handling Services. “Solid waste handling services” means the
collection, transportation, storage, transfer, or processing of solid wastes for
residential or commercial users or customers.
“Source-separated recyclable materials” means recyclable materials separated on
commercial premises from solid waste for the purpose of sale, not mixed with or
containing more than incidental or minimal solid waste, and having a market value.
“Special event” means shall have the same meaning as provided in Section
12.20.030 of this code.
B. Nothing contained in this section shall be deemed to preclude the city and any solid
waste enterprise from incorporating into any collector agreement definitions relating
to their respective contractual rights and obligations which may differ from or augment
those set forth herein.
8.20.130 – Solid Waste Collection Services Mandatory
A. Except as set forth in Section 18.20.450 (Exceptions and Exemptions), each
residential owner, commercial business owner, and special event organizer shall
utilize the services of the authorized collector for the collection of solid waste and
recyclable materials from the residential, commercial, or special event premises held
or occupied by such owner or organizer, and shall pay for such services the fees set
by the authorized collector. No residential or commercial business owner, or special
event organizer, shall enter into an agreement for solid waste handling services with
any person, firm, or corporation other than the authorized collector, except as
otherwise provided in this chapter.
B. No person, firm, corporation, or solid waste enterprise, other than an authorized
collector, shall negotiate or contract for, undertake to receive, collect or transport solid
waste or recyclable materials from within the city for a fee, service charge, or other
consideration therefor, except as specifically provided herein.
8.20.140 – Collection charges
A. The city council may, by resolution or an approved collection agreement, place a limit
on the rates authorized collectors may charge for the collection of solid waste. No
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collector shall charge any rate or fee which is greater than the maximum rate
permitted by the city council.
B. Every solid waste customer shall pay the rates for collection services rendered
pursuant to this chapter. The occupant of the premises, if different from the owner,
shall be primarily responsible for payment of all such fees and charges. Should the
occupant fail to pay all such fees and charges so that they become delinquent, then
the owner of such premises shall become responsible for the payment of all such
fees and charges, including any delinquency.
8.20.150 – Prohibitions; Penalties
A. It is unlawful at any time for any person, including collectors, to burn, bury, or dump
any solid waste or recyclables within the city other than in strict compliance with this
chapter.
B. Any person who deposits or causes to be deposited any solid waste on the public
right-of-way or private property, other than in compliance with this chapter, shall
immediately sweep up and remove the same.
D. Except as may otherwise be indicated, violations of the provisions of this chapter are
punishable as infractions or as administrative violations, as provided in Chapters 1.08
(General Penalty) and 1.16 (Administrative Violations), respectively.
D. Any violation of this chapter is deemed a public nuisance and may be abated as such.
E. The city’s remedies shall not be mutually exclusive. The city may avail itself of any
and all available remedies at law or equity, alone or in combination.
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ARTICLE II – SOLID WASTE COLLECTORS
8.20.210 License requirements
A. The city council may award an exclusive or nonexclusive collection agreement
for the collection and disposal of solid waste from residential, commercial, and
special event premises in the city to an authorized collector.
B. No person may collect solid waste in the city without having first obtained a
business license from the city pursuant to Chapter 5.04 of this code, and any
other permit required by any public agency.
8.20.220 Authorized collectors
A. Authorized collectors shall keep separate garbage, recyclable materials, and
organic materials that have been segregated into separate containers by solid
waste customers.
B. Every authorized collector shall offer to its customers all solid waste hauling
services contemplated in this chapter that are applicable to the customer, and
shall provide the appropriate containers as requested by the customer.
C. Authorized collectors shall ensure that garbage is delivered to a disposal site that
is designed and constructed in accordance with Section 2530 et seq. of Title 23
of the California Code of Regulations. Any such disposal site shall have valid and
current permits from all necessary governmental agencies for it to operate as a
Class III Sanitary Landfill, and must be in full regulatory compliance.
D. Authorized collectors shall ensure that segregated recyclable materials are
delivered to an appropriately licensed recycling facility and that segregated
organic materials are delivered to an appropriately licensed organics processing
facility, except that a container that contains unacceptable levels of
contamination may be delivered for garbage disposal. In this event, the collector
shall keep records of the following: the occurrence; the date of the occurrence;
and the account name, primary contact, phone number, billing address, and
service address for the solid waste customer at which the container is located.
Such records shall be provided to the City upon request.
E. Authorized collectors shall conduct their operations with the least possible
obstruction and inconvenience to public traffic or disruption to the peace and
quiet of the area within which collections are made. Noise emitting from any
collection shall not exceed 75 decibels when measured at a distance of 25 feet.
F. Within five days of request by the city, authorized collectors shall provide
progress reports providing the following information, at a minimum:
1. Total number of solid waste customers to whom the authorized collector
currently provides garbage, recyclable materials, and organic materials
collection service within the city’s boundaries;
2. For each solid waste customer, the account name, identifying number,
primary contact, phone number, billing address, and service address;
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3. Information on the type of collection service provided, such as garbage,
recyclable materials, or organic materials services;
4. The weekly volume and type of collection service provided, including the
number, type, and size of containers serviced and the days of service for
each container;
5. Name and location of the solid waste facilities where materials are
delivered for processing;
6. List of accounts not in compliance with this chapter, including whether
they are excluded or exempt based on the exemptions in RPVMC §
8.20.450 (Exceptions and Exemptions).
7. Records of containers of recyclable or organic materials that had to be
disposed of with garbage because of contamination.
G. Collectors shall maintain all records required by this chapter for three years.
8.20.230 - Vehicle standards
A. No person may operate any vehicle for the collection of solid waste in the city
unless a tag has been affixed to the vehicle indicating that the owner of the vehicle
has a valid collection agreement and valid business license, and that the license tax
for such vehicle has been paid. The nature, design, and placement of such tags
shall be as specified by the administrator. Tags may not be transferred from one
vehicle to another without the written approval of the administrator.
B. Any collector’s vehicle utilized for the collection, transportation, or disposal of solid
waste in the city shall comply with the following standards:
1. Each vehicle shall be equipped with watertight bodies fitted with close-fitting
metal covers. and used so that no solid waste, oil, grease, or other substance will
blow, fall, or leak out of the vehicle.
2. A broom and shovel shall be carried on each vehicle at all times, and any waste
that spills during collection shall be immediately cleaned up.
3. Each vehicle shall comply with all applicable statutes, laws, or ordinances of any
public agency.
4. Each vehicle must be under 10 years of age unless otherwise specifically
authorized in writing by the administrator. The city may adjust this requirement
downward in its agreements with authorized collectors.
5. Routine motor carrier inspections by the California Highway Patrol will be
required annually on each vehicle, and certificates of proof of inspection shall be
filed with the administrator. Vehicles must be determined to be in compliance with
applicable motor carrier safety-related statutes and regulations. Brakes shall be
inspected quarterly and proof of inspection shall be filed with the administrator.
6. All vehicles shall at all times be kept clean and sanitary, in good repair, and well
and uniformly painted to the satisfaction of the administrator.
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7. The authorized collector’s name and its telephone number shall be printed in
legible letters not less than five inches in height on both sides and rear of all the
collector’s vehicles used in the city.
8. All vehicles must meet AQMD air quality standards or operate on alternative low
emissions fuel.
B. Violations. In addition to the penalty provisions provided for in Section 8.20.150,
above, should the administrator give notification at any time to a collector that any of
such collector’s vehicles is not in compliance with the standards of this chapter,
such vehicle shall forthwith be removed from service by the collector and the permit
tag removed. The vehicle shall not again be utilized in the city nor shall the permit
tag be replaced until the vehicle has been inspected and approved by the
administrator. The collector shall maintain its regular collection schedule regardless
of such action.
8.20.240 - Collector’s indemnification and insurance requirements
A. Each authorized collector shall furnish the city a policy or certificate of insurance
insuring the authorized collector in an amount not less than $2,000,000 per
occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and
property damage; and automobile liability in the sum of $1,000,000 combined single
limit for each accident. These limits shall be subject to annual review by the city for
the purpose of reasonably adjusting to current insurance conditions and
requirements. A greater amount may be required in the collector agreement. The
insurance shall provide that the coverage is primary and that any insurance
maintained by the city shall be excess insurance, shall be procured from an insurer
authorized to do business in the state of California, shall name the city of Rancho
Palos Verdes and its officers, employees and agents as additional insureds and shall
not be canceled or modified without first giving to city t hirty days’ prior written notice.
B. Each collector shall at all times provide, at its own expense, workers’ compensation
insurance coverage for all employees. Each collector shall file and maintain
certificates with the administrator showing the insurance to be in full force and effect
at all times the collector shall have a license issued by the city.
C. City To Be Free From Liability. Any collector or person who collects, transports, or
disposes of solid waste or recyclables within the city shall indemnify, defend, and hold
harmless the city and its officers, employees, and agents against any and all claims,
demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and
deficiencies, including interest, penalties and reasonable attorneys fees, that the city
shall incur or suffer, which arise, result from or relate to the collection, transportation,
or disposal of solid waste or recyclables by that person.
8.20.250 - Office for inquiries and complaints
A. The collector shall maintain an office at some fixed location and shall maintain a
telephone at the office, listed in the Rancho Palos Verdes telephone directory in the
firm name by which it conducts business in the city, and shall at all times during the
hours between 8:00 a.m. and 5:00 p.m. of each weekday, and between 9:00 a.m. and
12 p.m. on Saturday (if collecting solid waste in the city on that day) have some
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person at the office to answer inquiries and receive complaints. The telephone
number shall be a toll-free number. The collector shall provide to the administrator an
emergency telephone number that can be reached 24 hours a day.
B. The collector shall maintain at its office a written log of all complaints received. The
log shall contain the date of complaint, the complainant’s name, address, and
telephone number, the nature of the complaint, the action taken or the reason for
nonaction, and the date such action was taken. All inquiries and complaints shall be
promptly answered and dealt with to the satisfaction of the administrator. The log of
complaints and other records pertaining to solid waste collection and disposal shall
be open to inspection by the city at all reasonable times.
8.20.260 – Frequency and hours of collection
A. Each collector shall collect and dispose of all solid waste placed for collection in
compliance with this chapter from each solid waste customer premises at least once
during each calendar week, and not more than 6 days shall elapse between one
collection and the next unless the regular day of collection falls on a holiday. Routes
of collection shall be so arranged that collection from any premises will be made on
the same day of each week. Each collector shall possess a sufficient number of
vehicles, including spares, to maintain the collection schedule at all times. Collectors
shall optimize their routes so as to reduce wear and tear on city streets.
B. When the collection day falls on January first, Memorial Day, July Fourth, Labor Day,
Thanksgiving Day or December 25th, the residential collector shall elect one of the
following options:
1. Collect on the holiday;
2. Collect one day prior to or one day after the holiday, provided that regular
collection can be maintained on the regularly scheduled days the remainder of
the week.
C. No collection or delivery/removal of containers shall be made between the hours of
7:00 p.m. and 7:00 a.m. Monday through Saturday or at any time on Sunday.
8.20.270 - Recycling and resource recovery.
A. Every collector shall attempt to improve its methods of collection, storage, handling,
processing, and disposal of solid waste in order to maximize solid waste recovery,
reduction of solid waste, and reuse of recyclable materials.
B. All solid waste placed for collection at any customer premises or at any location
designated by the city for the collection of solid waste shall be and become the
property of the city or its authorized collector.
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ARTICLE III – CONTAINERS FOR SOLID WASTE
8.20.310 - Unauthorized use of containers
A. No person other than the collector who provides collection services at the
premises, or the owner of the container or such owner’s agent or employee or
the person upon whose premises such container is located, shall remove any
material from any solid waste container.
B. No person other than the owner or occupant of the premises where a container is
located, or the collector who provides collection services at the premises where
the container is located, shall handle a container. Any solid waste customer who
damages or destroys a container shall be charged a replacement fee. A solid
waste customer shall not be charged a replacement fee if the container that is
damaged or destroyed due to ordinary wear and tear.
C. No person shall intentionally tamper with, injure, destroy or remove any container
or other equipment used for the storage of solid waste. No person shall throw
containers from any vehicle to the ground, or in any other manner break,
damage, or roughly handle containers.
8.20.320 - Containers for garbage, organics, market refuse, and rendering waste
Any container to be placed for collection containing garbage, organics, market
refuse, or rendering waste shall have a tightly fitting cover, which cover shall be used at
all times.
8.20.330 - Containers at residential premises
A. Every person occupying or in possession of any residential premises in the city shall
provide or be provided with sufficient containers to accommodate the amount of solid
waste generated by the premises. Residents can subscribe to the appropriate service
level by choosing the cart size and number of containers. The containers shall be
constructed of hard rubber or rigid plastic, and shall be constructed so as not to permit
the contents to sift or pass through any opening other than the top.
B. Containers suitable for automated collection are available in 35, 64 and 96 gallon
capacities.
C. Containers suitable for manual collection must be able to be emptied into an
automated collection cart or into front or rear-end loader vehicles, shall have a
capacity of not more than 45 gallons, and shall weigh not more than 60 pounds when
placed for collection.
D. Other types of containers are allowed to be used for the following city-approved
special events on residential premises: the twice yearly excess trash collection
events; the twice yearly brush clearing events; and during specified weeks within the
winter holiday season.
E. Any green waste that cannot be placed in a container may be placed for collection at
the same place and time as the container, if they are securely tied in bundles that are
not heavier than 50 pounds, not more than 4 feet in length, and not more than 18
inches in diameter.
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F. Curbside Service.
1. In the case of residential premises that receive curbside service, each container
(including bundles) shall be kept on the premises from which it is to be collected
except on the day designated for collection. On the appropriate day the containers
shall be placed for collection on the curb in front of the premises or on the curb at
the side of the premises where the premises are adjacent to more than one street.
When the premises are adjacent to a paved alley of sufficient width to allow easy
passage of collection vehicles, the containers shall be placed within 2 feet of the
rear property line of the premises and must be readily accessible for collection from
the alley. The collector and residential customer may agree, for an additional fee,
or the administrator may require, under unique circumstances, that collection be
made from another location on the premises.
2. No residential customer who receives curbside refuse removal service shall place
or permit to be placed any solid waste or solid waste container at the place of
collection at the residential premises before 4:00 p.m. of the day preceding the
scheduled collection or leave any such container at the place of collection after
10:00 p.m. on the day of collection.
8.20.340 - Cardboard boxes or paper bags
No cardboard box or paper bag shall be used as a container for solid waste.
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ARTICLE IV – SOLID WASTE GENERATORS
8.20.410 – Solid Waste Customers - General
Each solid waste customer shall be responsible for ensuring and demonstrating its
compliance with the requirements of this chapter. Subject to the exemptions in Section
8.20.450 (Exceptions and Exemptions), each solid waste customer shall:
A. Subscribe to an adequate level of service for garbage, recyclable materials, and
organic waste generated; provided that a solid waste customer need not
subscribe to hauling services for materials that the solid waste customer self-
hauls to the appropriate processing facility.
B. Provide, directly or through an authorized collector, appropriate and sufficient
containers, placed in appropriate and accessible locations with adequate
signage, to ensure maximum segregation of garbage, recyclable materials, and
organic waste by all solid waste customers, and to ensure maximum segregation
of organic materials by food service establishments.
C. Post and maintain signs containing information and instructions on the proper
segregation and storage of garbage, recyclable materials, and organic waste in
areas where containers are located.
D. Ensure that all containers used for collecting and storing garbage, recyclable
materials, and organic waste (1) are affixed with or have adjacent to the
container signs that display the appropriate information to enable users to clearly
differentiate which containers are used for which materials; (2) display the name
of the authorized collector that provides collection service of the container; and
(3) ensure that users of the containers make efforts to minimize the
contamination of recyclable materials and organic waste placed in the containers.
E. Provide this chapter’s requirements and appropriate educational materials to all
solid waste generators at least once each year. All new customers shall receive
this information upon occupancy, employment, or contracting. Educational
materials shall include (1) the requirement and procedures to ensure the
accurate segregation of recyclable materials and organic materials from garbage;
(2) the commercial generator’s, multifamily generator’s, or special event’s
responsibilities regarding compliance with this chapter; and (3) the types and
location of recyclable materials, organic materials, and garbage containers.
F. Ensure that instructions or training materials provided to solid waste customers
are promptly made available to the city upon request.
G. Ensure that the contents of the recyclable materials and organic waste
containers are not collected for garbage disposal unless the contents of these
containers include unacceptable levels of contamination. Solid waste customers
shall be assessed a premium fee based on the size of the container for
recyclable materials and organic waste containers that are collected for garbage
disposal by the solid waste collector if the contents of their recyclable materials
and organic waste containers contain unacceptable levels of contamination.
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H. Ensure that occupants of residential premises separate solid waste, recyclables,
and organics and place them in the appropriate carts for pickup. When the
occupant of the premises is not the owner, the owner is responsible to instruct
the occupant in property separation and placement of solid waste, recyclables,
and organics.
I. Contract for all required solid waste hauling services with one authorized
collector only.
8.20.420 Commercial generators
Each commercial generator shall be responsible for ensuring and demonstrating its
compliance with the requirements of this chapter. Each commercial generator shall:
A. Ensure the segregation of recyclable materials and, for food service
establishments, organic materials from garbage by placing each type of material
in a separate designated containers. Commercial generators shall be assessed a
premium fee based on the size of the container for recyclable materials and
organic materials containers that are collected for garbage disposal by the
franchisee if the contents of their recyclable materials and organic materials
containers contain unacceptable levels of contamination.
B. Provide adequate instructions to employees, contractors, and volunteers of the
requirements of this chapter, including (1) the requirement and procedures to
ensure the segregation of recyclable materials and, for food service
establishments, organic materials, from garbage; (2) the employees’,
contractors’, and volunteers’ responsibilities regarding compliance with this
chapter; and (3) the types and location of containers for recyclable materials,
organic materials, and garbage.
C. Provide an adequate number and type of labeled containers needed for
segregating and storing recyclable materials and, for food service
establishments, organic materials; and provide adequate access to these
containers.
D. Post and maintain signs containing information and instructions on the proper
segregation and storage of recyclable materials and, for food service
establishments, organic materials, in areas where containers are located.
E. Ensure that all containers used for collecting and storing recyclable materials,
organic materials, and garbage are affixed with signs or labels that display the
appropriate information to enable users to clearly differentiate which containers
are used for recyclable materials, organic materials, and garbage to minimize the
contamination of material placed in the containers.,’’’
F. Ensure that instructions or training materials provided to employees, contractors,
and volunteers are promptly made available to the city upon request.
8.22.430 Multifamily generators
Each multifamily generator shall participate in programs covered by this chapter that
require segregating recyclable materials and organic materials from garbage and
depositing them in designated containers.
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8.20.440 Recycling of Organics
A. Effective January 1, 2021, solid waste generators shall comply with the
requirements of Chapter 12.9 of Part 3 of Division 30 of the California Public
Resources Code (Section 42649.8 et seq.) and the provisions of this chapter
regarding organic waste recycling.
B. Mandatory organics recycling services:
1. On and after the effective date of this ordinance, a business, multi-family
dwelling, or special event that generates four (4) cubic yards or more of
organics per week, or as may be amended by CalRecycle, must arrange
for recycling services specifically for organics in the manner specified in
subsection C of this section.
2. On and after the effective date of this ordinance, a business, multi-family
dwelling, or special event that generates four (4) cubic yards or more of
commercial solid waste per week, or as may be amended by CalRecycle,
must arrange for recycling services specifically for organics in the manner
specified in subsection C of this section.
3. On or after January 1, 2020, if CalRecycle determines that Statewide
disposal of organic waste has not been reduced to fifty percent (50%) of
the level of disposal during 2014, a business that generates two (2) cubic
yards or more per week of commercial solid waste must arrange for the
organics recycling services specified in subsection (B)(2) of this section,
unless CalRecycle determines that this requirement will not result in
significant additional reductions of organics disposal.
C. Actions Required: A business, multi-family dwelling, or special event subject to
subsection B of this section must take at least one of the following actions:
1. Source-separate organics from other waste and subscribe to a basic level
of organics recycling service that includes collection and recycling of
organics.
2. Recycle its organics on site or self-haul its own organics for recycling.
3. Subscribe to an organics recycling service that may include mixed waste
processing that specifically recycles organics.
4. Sell or donate its recyclable organics to a person or entity authorized by
law to receive such waste.
D. Food Waste Generating Multifamily Dwellings: Notwithstanding the foregoing, a
multifamily dwelling is not required to arrange for the organics recycling services
specified in subsection C of this section for food waste that is generated by the
dwelling.
E. Reports and Policy Compliance Required: Any business or multi-family dwelling
subject to this chapter must:
1. Report to the city on an annual basis the action the business or dwelling
has taken pursuant to subsection C of this section; the amount of
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commercial solid waste and organics that the business or dwelling
generates per week; the amount of organics recycled per week, and any
other information required by the city to comply with its State mandated
reporting requirements.
2. Comply with the city's mandatory commercial organics recycling program,
adopted by the city council and which may be amended by the
administrator.
F. Notice of noncompliance. The city shall provide notice to any organic waste
generator that fails to comply with this section. The organic waste generator shall
have 30 days to come into compliance.8.20.030 - License requirement.
No person may collect solid waste in the city without having first obtained a
business license from the city pursuant to Chapter 5.04 of this Code.
8.20.040 - Permit tags.
No collector may operate any vehicle for the collection of solid waste in the city
unless a tag has been affixed to the vehicle indicating that the owner of the vehicle has
a valid business license and that the license tax for such vehicle has been paid. The
nature, design and placement of such tags shall be as specified by the administrator.
No such tag may be transferred from one vehicle to another without the written approval
of the administrator.
8.20.050 - Vehicle standards.
Any collector’s vehicle utilized for the collection, transportation or disposal of solid waste
or recyclables in the city shall comply with the following standards:
A. Each vehicle shall be constructed and used so that no solid waste, oil, grease
or other substance will blow, fall or leak out of the vehicle.
B. A broom and shovel shall be carried on each vehicle at all times.
C. Each vehicle shall comply with all applicable statutes, laws or ordinances of any
public agency.
D. Each vehicle must be under five years of age unless otherwise specifically
authorized in writing by the administrator.
E. Routine inspections by the California Highway Patrol will be required annually
and certificates for said inspections shall be filed with the administrator. Brakes
shall be inspected quarterly and proof of inspection shall be filed with the
administrator.
F. All vehicles shall at all times be kept clean and sanitary, in good repair and well
and uniformly painted to the satisfaction of the administrator.
G. Each vehicle shall be equipped with watertight bodies fitted with close-fitting
metal covers.
H. The collector’s name or firm name and its telephone number shall be printed in legible
letters not less than five inches in height on both sides and rear of all collector’s vehicles
used in the city.
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8.20.060 - Violations.
Should the administrator give notification at any time to a collector that any of such
collector’s vehicles is not in compliance with the standards of this chapter, such
vehicle shall forthwith be removed from service by the collector and the permit
tag removed. The vehicle shall not again be utilized in the city nor shall the permit
tag be replaced until it has been inspected and approved by the administrator.
The collector shall maintain its regular collection schedule regardless of such
action.
8.20.070 - Residential householder exclusion.
No provision of this chapter shall prevent residential householders from collecting
and disposing of occasional loads of solid waste generated in or on their residential
premises, or from composting green waste, or from selling or disposing of recyclables
generated in or on their residential premises. Any solid waste disposed of pursuant to
this Section 8.20.070 may be taken only to a transfer station or landfill.
8.20.080 - Gardener’s exclusion.
No provisions of this chapter shall prevent a gardener, tree trimmer or person
engaged in a similar trade from collecting and properly disposing of grass cuttings,
prunings, and similar material not containing other solid waste when incidental to
providing such gardening, tree trimming or similar services.
8.20.090 - Contractors’ exclusions.
No provision of this chapter shall prevent a licensed contractor having a contract for
the demolition or construction of a building, structure, pavement, or concrete installation
from marketing any saleable items salvaged from such demolition or reconstruction, or
from causing such salvageable items or demolition waste to be removed and
transported from the premises on which such waste is generated, pursuant to the
provisions of the demolition or construction contract.
8.20.100 - Workers’ compensation insurance.
Each collector shall at all times provide, at its own expense, workers’ compensation
insurance coverage for all employees. Each collector shall file and maintain certificates
with the administrator showing the insurance to be in full force and effect at all times the
collector shall have a license issued by the city.
8.20.110 - Collector’s liability insurance/indemnification.
A. Each authorized collector shall furnish the city a policy or certificate of
comprehensive general and automobile liability insurance insuring the authorized
collector against bodily injury, property damage and automobile liability in the sum of
one million dollars combined single limits. These limits shall be subject to annual
review by the city for the purpose of reasonably adjusting to current insurance
conditions and requirements. A greater amount may be required in the collector
agreement. The insurance shall provide that the coverage is primary and that any
insurance maintained by the city shall be excess insurance, shall be procured from
an insurer authorized to do business in the state of California, shall name the city of
Rancho Palos Verdes and its officers, employees and agents as additional insureds
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and shall not be canceled or modified without first giving to city thirty days’ prior written
notice.
B. City To Be Free From Liability. Any collector or person who collects, transports, or
disposes of solid waste or recyclables within the city shall indemnify, defend, and hold
harmless the city and its officers, employees, and agents against any and all claims,
demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and
deficiencies, including interest, penalties and reasonable attorneys fees, that the city
shall incur or suffer, which arise, result from or relate to the collection, transportation,
or disposal of solid waste or recyclables by that person.
8.20.120 - Noise.
A collector shall so conduct its operations as to offer the least possible obstruction
and inconvenience to public traffic or disruption to the peace and quiet of the area within
which collections are made. Noise emitting from any collection shall not exceed
seventy-five decibels when measured at a distance of twenty-five feet.
8.20.130 - Office for inquiries and complaints.
A. The collector shall maintain an office at some fixed location and shall maintain a
telephone at the office, listed in the Rancho Palos Verdes telephone directory in the
firm name by which it conducts business in the city, and shall at all times during the
hours between eight a.m. and five p.m. of each weekday, and between nine a.m. and
twelve p.m. on Saturday (if collecting solid waste in the city on that day) have some
person at the office to answer inquiries and receive complaints. The telephone
number shall be a toll free number from all portions of the city. The collector shall
provide to the city an emergency telephone number that can be reached twenty-four
hours a day.
B. The collector shall maintain at its office a written log of all complaints received. Such
log shall contain the date of complaint, the complainant’s name, address and
telephone number, the nature of the complaint, the action taken or the reason for
nonaction, and the date such action was taken. All inquiries and complaints shall be
promptly answered and dealt with to the satisfaction of the city. Such log of complaints
and other records pertaining to solid waste collection and disposal shall be open to
inspection by the city at all reasonable times. All inquiries and complaints shall be
promptly answered and dealt with to the satisfaction of the city.
8.20.140 - Hours of collection.
No collection or delivery/removal of containers shall be made between the hours of
seven p.m. and seven a.m. Monday through Saturday or at any time on Sunday. The
city manager may waive the requirements of this section when necessitated by
conditions beyond the control of the collector.
8.20.150 - Litter.
Any person who deposits or causes to be deposited any solid waste on the public
right-of-way or private property shall immediately sweep up and remove the same.
8.20.160 - Permits and licenses.
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Each collector shall obtain and maintain all applicable permits and licenses required
by any public agency.
8.20.170 - Recycling and resource recovery.
A. Every collector shall attempt to improve its methods of collection, storage, handling,
processing and disposal of solid waste in order to provide for solid waste recovery,
reduction of solid waste, and reuse of recyclable materials.
B. All recyclable materials and solid waste placed for collection at any residential
premises or at any location designated by the city for the collection of such recyclable
materials or solid waste shall be and become the property of the city or its authorized
collector. No person, unless specifically authorized in writing by the city, shall collect
or remove, or cause to be collected or removed, any such recyclable or solid waste
materials. Each such collection or removal in violation of this provision shall constitute
a separate and distinct offense punishable as hereinafter provided.
C. No person, unless specifically authorized in writing by the city, shall sell or donate to any
other person any recyclable materials which have been placed for collection at any residential
premises.
8.20.450 Exclusions and Exemptions
A. Solid waste customers that subscribe to less than 4 cubic yards of garbage, or as
may be amended by CalRecyle, collection service per week shall be excluded
from the requirements of this chapter.
B. No Generation of Recyclable or Organic Materials. Solid waste customers may
be exempt from the requirements of this chapter relating to recyclables or
organics if the solid waste customer demonstrates to the city that no recyclable
materials or organic materials are generated on site.
C. Nothing in this chapter limits the right of any owner or occupant of residential
premises to compost green waste or to donate or sell recyclable materials
generated in or on their residential premises to a recycling facility. No residential
householder shall pay a fee to anyone to collect such recyclable materials, or
employ or engage any solid waste enterprise, other than the authorized collector,
to haul or transport such materials to a transfer station or landfill.
D. Nothing in this chapter shall prevent a commercial business which has its own
recycling or resource recovery program for recyclable materials generated by
such business and not utilizing a solid waste enterprise which provides collection
services for a fee, service charge, or other consideration, from continuing such
recycling or resource recovery program, and the recyclable materials included in
such program are excepted from any contract between the city and the
authorized collector.
E. Nothing in this chapter shall prevent a commercial business owner from selling to
a buyer, for a monetary or other valuable consideration, any source-separated
recyclable materials, including without limitation, any saleable scrap, discard,
reject, by-product, ferrous or nonferrous metal, worn-out or defective part, junk,
pallet, packaging material, paper or other similar item generated in, on or by a
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commercial premises or business, and no longer useful to such commercial
business but having market value, whether such buyer is a recycler, junk dealer,
or other enterprise engaged in the business of buying and marketing such
materials in the stream of commerce; provided, however, that such buyer is not
engaged in the business of collecting solid waste for a fee or other charge or
consideration, and that no such materials are transported for disposition to a
landfill or transfer station (as defined in Public Resources Code Section 40200).
Source-separated recyclable materials within the meaning of this section means
recyclable materials separated on the commercial premises from other garbage
and organic materials for the purpose of sale, not mixed with or containing more
than incidental or minimal garbage or organic materials, and having a market
value.
F. Self-haulers. Nothing in this chapter shall preclude any person or solid waste
customer from self-hauling solid waste generated by them to the appropriate
facility. Self-haulers shall:
1. Obtain a self-hauling permit from the City.
2. Comply with the requirements of this chapter by delivering for recycling
those items that can be recycled by local recycling facilities; self-haulers
that are also food service establishments shall comply by delivering for
organics processing those items that are accepted by local organics
processing facilities. Self-haulers shall deliver garbage to a properly
licensed Class III Sanitary Landfill or transfer station.
3. Provide proof of compliance with this chapter, upon request by the city;
proof includes but is not limited to a receipt from a landfill or transfer
station, or a recycling or organics processing facility that clearly identifies
the type and quantity of material delivered.
G. Landscapers. No provisions of this chapter shall prevent a gardener, tree
trimmer, or person engaged in a similar trade from collecting and properly
disposing of green waste not containing other solid waste when incidental to
providing such gardening, tree trimming, or similar services.
H. Contractors. Construction waste shall be disposed of pursuant to the
requirements of the California Green Building Standards Code, and shall be
hauled only by an authorized collector. No provision of this chapter shall prevent
a licensed contractor having a contract for the demolition or construction of a
building, structure, pavement, or concrete installation from marketing any
saleable items salvaged from such demolition or reconstruction, or from causing
such salvageable items or demolition waste to be removed and transported from
the construction site on which such waste is generated, pursuant to the
provisions of the demolition or construction contract. Construction waste shall not
be disposed of with other solid waste anywhere in the City.
I. Space Constraints and Zoning Considerations. Solid waste customers may be
exempt from the requirements of this chapter if the city determines that either:
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1. There is inadequate space for a solid waste customer to store containers
for recyclable materials or organic materials on site and that it is infeasible
for the solid waste customer to share recyclable materials or organic
materials containers with adjacent commercial facilities or multifamily
dwellings.
2. Compliance with this chapter will result in violating city zoning or other
regulations.
J. Extraordinary Circumstances. Extraordinary and unforeseen events may exempt
collectors or customers from complying with this chapter, for a period not to
exceed 3 months, with possible extensions as needed. This exemption and
additional extensions must be requested in writing, stating the reasons therefor
and providing supporting documentation. The administrator will review the
application and supporting documentation, including but not limited to a site visit,
and will make a determination regarding whether the exemption (or extension) is
warranted, and for how long, and if applicable shall require conditions and/or a
timetable of actions to bring the collector or customer into compliance.
K. Verification of Exemption. The solid waste customer shall petition the city with a
written request for an exemption documenting the circumstances of a claimed
exemption. The city may visit the solid waste customer’s site; examine the
containers for garbage, recyclable materials, or organic materials; or take other
actions to verify the circumstances identified in the petition. The city may impose
an administrative fee on petitioning entities to cover the costs of processing such
petitions. The city may require the solid waste customer who is granted an
exemption to submit a renewal of its petition for an exemption every two years
from the date the exemption was granted.
8.20.180 - Care of containers.
No person shall throw containers from any vehicle to the ground, or in any other
manner break, damage or roughly handle containers.
8.20.190 - Unauthorized use of containers.
No person other than the collector who provides collection services at the premises,
or the owner of the container or such owner’s agent or employee or the person upon
whose premises such container is located, shall remove any material from a solid waste
container or from a container for recyclable materials.
8.20.200 - Tampering with containers.
No person other than the owner or occupant of the premises where a container is
located, or the collector who provides collection services at the premises where the
container is located, shall tamper with, injure, destroy or remove any container or other
equipment used for the storage of solid waste or recyclable materials.
8.20.210 - Containers for garbage, market refuse and rendering waste.
Any container to be placed for collection containing garbage, market refuse or
rendering waste shall have a tightly fitting cover, which cover shall be used at all times.
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8.20.220 - Containers at residential premises.
A. Every person occupying or in possession of any residential premises in the city shall
provide or be provided with sufficient containers to accommodate the amount of solid
waste generated by the premises. Residents can subscribe to the appropriate service
level by choosing the cart size and (or) number of containers. The containers shall be
constructed of hard rubber or rigid plastic, and shall be constructed so as not to permit
the contents thereof to sift or pass through any opening therein other than the top.
B. Containers suitable for automated collection are available in 35, 64 and 96 gallon
capacities.
C. Containers suitable for manual collection must be able to be emptied into an
automated collection cart or into front or rear-end loader vehicles, shall have a
capacity of not more than 45 gallons, and shall weigh not more than 60 pounds when
placed for collection.
D. Other types of containers are allowed to be used for the following city-approved
special events: the twice yearly excess trash collection events; the twice yearly brush
clearing events, and during specified weeks within the winter holiday season.
E. Any branches or trimmings that cannot be placed in a container may be placed for
collection at the same place and time as the container, if they are securely tied in
bundles that are not heavier than 50 pounds, not more than four feet in length, and
not more than 18 inches in diameter.
8.20.230 - Cardboard boxes or paper bags.
No cardboard box or paper bag shall be used as a container for solid waste.
8.20.240 - Placement of containers at residential premises.
In the case of residential premises that receive curbside service, each container or
bundle shall be kept on the premises from which it is to be collected except on the day
designated for collection. On the appropriate day the containers or bundles shall be
placed for collection on the curb in front of the premises or on the curb at the side of the
premises where the premises are adjacent to more than one street. When the premises
are adjacent to a paved alley of sufficient width to allow easy passage of collection
vehicles, the containers or bundles shall be placed within two feet of the rear property
line of the premises and must be readily accessible for collection from the alley. The
collector and residential householder may agree, for an additional fee, or the
administrator may require, under unique circumstances, that collection be made from
another location on the premises.
8.20.250 - Residential refuse containers—Time of placement.
No residential householder who receives curbside refuse removal service shall
place or permit to be placed any solid waste or solid waste container at the place of
collection at the residential premises before four p.m. of the day preceding th e
scheduled collection or leave any such container at the place of collection after ten p.m.
on the day of collection.
8.20.260 - Collection agreement.
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The city council may award an exclusive or nonexclusive contract (“collection
agreement”) for the collection and disposal of solid waste from residential and
commercial premises in the city, and no person, other than the party to a collection
agreement, shall collect or dispose of solid waste from residential or commercial
premises in the city other than as provided in this chapter or in the collection agreement.
8.20.265 - Mandatory service.
A. Except as set forth in this Section 8.20.265 (Mandatory Service), all solid waste and
recyclable materials collected from residential or commercial premises for a fee,
service charge, or other consideration shall be collected by an authorized collector.
B. No person, firm, corporation or solid waste enterprise, other than an authorized
collector, shall negotiate or contract for, undertake to receive, collect or transport solid
waste or recyclable materials from within the city for a fee, service charge or other
consideration therefor, except as specifically provided herein.
C. Except as otherwise provided in this chapter, each residential owner and commercial
business owner shall utilize the services of the authorized collector for the collection
of solid waste and recyclable materials from the residential or commercial premises
held or occupied by such owner and shall pay for such services the fees set by the
authorized collector. No residential or commercial business owner shall enter into an
agreement for solid waste handling services with any person, firm, or corporation
other than the authorized collector, except as otherwise provided in this chapter.
D. Nothing in this chapter shall prevent a commercial business which has its own
recycling or resource recovery program for recyclable materials generated by such
business and not utilizing a solid waste enterprise which provides collection services
for a fee, service charge, or other consideration, from continuing such recycling or
resource recovery program, and the recyclable materials included in such program
are excepted from any contract between the city and the authorized collector.
E. Nothing in this chapter shall prevent a commercial business owner from selling to a
buyer, for a monetary or other valuable consideration, any source separated
recyclable materials, including without limitation, any saleable scrap, discard, reject,
by-product, ferrous or nonferrous metal, worn-out or defective part, junk, pallet,
packaging material, paper or other similar item generated in, on or by a commercial
premises or business, and no longer useful to such commercial business but having
market value, whether such buyer is a recycler, junk dealer, or other enterprise
engaged in the business of buying and marketing such materials in the stream of
commerce; provided, however, that such buyer is not engaged in the business of
collecting solid waste for a fee or other charge or consideration, and that no such
materials are transported for disposition to a landfill or transfer station (as defined in
Public Resources Code Section 40200). Source separated recyclable materials
within the meaning of this section means recyclable materials separated on the
commercial premises from solid waste for the purpose of sale, not mixed with or
containing more than incidental or minimal solid waste, and having a market value.
F. Nothing in this chapter shall prevent residential householders from selling or
disposing of recyclable materials generated in or on their residential premises. No
A-25 Redline
01203.0006/628836.5 26
residential householder shall pay a fee to anyone to collect such recyclable materials,
or employ or engage any solid waste enterprise, other than the authorized collector,
to haul or transport such materials to a transfer station or landfill.
G. Notwithstanding subsection A of this section, and in addition to the authority granted
by Section 8.20.070 (Residential Householder Exclusion), nothing in this chapter
shall prevent a commercial business owner or residential householder from, on a
regular basis, collecting and disposing of solid waste generated in or on their
premises, in lieu of availing themselves of the services of the authorized collector. No
residential householder or commercial business owner shall employ or engage any
solid waste enterprise, other than an authorized collector, to haul or transport such
materials to a transfer station or landfill. Provided, however, that any residential
householder or commercial business owner who, pursuant to this Section 8.20.265
(Mandatory Service) seeks to on a regular basis collect and dispose of solid waste
generated in or on their premises, must first obtain a self-haul permit from the city.
8.20.270 - Collection charges.
A. The city council may, by resolution or an approved collection agreement, place a
limit on the rates authorized collectors may charge to residential householders and
commercial business owners for the collection of solid waste and recyclable
materials. No collector shall charge any rate or fee which is greater than the maximum
rate permitted by the city council.
B. Every residential householder and commercial business owner shall pay the rates
for collection services rendered pursuant to this chapter. The occupant of each
residence, if different from the owner, shall be primarily responsible for payment of all
such fees and charges. Should the occupant fail to pay all such fees and charges so
that they become delinquent, then the owner of such residence shall become
responsible for the payment of all such fees and charges, including any delinquency.
8.20.280 - Unlawful disposal.
It is unlawful at any time for any person, including collectors, to burn, bury, or dump
any solid waste or recyclables within the city.
8.20.290 - Frequency of collection.
A. Each collector shall collect and dispose of all solid waste placed for collection in
compliance with this chapter from each residential and commercial premises at least
once during each calendar week, and not more than six days shall elapse between
one collection and the next unless the regular day of collection falls on a holiday.
Routes of collection shall be so arranged that collection from any premises will be
made on the same day of each week. Each collector shall possess a sufficient
number of vehicles, including spares, to maintain the collection schedule at all times.
B. When the collection day falls on January first, Memorial Day, July Fourth, Labor Day,
Thanksgiving Day or December 25th, the residential collector shall elect one of the
following options:
1. Collect on the holiday;
A-26 Redline
01203.0006/628836.5 27
2. Collect one day prior to or one day after the holiday, provided that regular
collection can be maintained on the regularly scheduled days the remainder of
the week.
8.20.300 - Penalties.
The violation of any provision of this chapter shall constitute an infraction and shall be
punishable as provided in Chapter 1.08 (General Penalty) of this code.
A-27 Redline
California Environmental Protection Agency
Department of
Resources Recycling and Recovery
Gavin Newsom
California Governor
Jared Blumenfeld
Secretary for Environmental Protection
Ken DaRosa
CalRecycle Acting Director
January 28, 2020
Ara Mihranian
Interim City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
RE: Notice of Mandatory Commercial Recycling and Mandatory Commercial Organics
Recycling Program Implementation Gaps
Dear Mr. Mihranian:
The Department of Resources Recycling and Recovery (CalRecycle) has conducted a
review of the City of Rancho Palos Verdes to determine compliance with Mandatory
Commercial Recycling (MCR) and Mandatory Commercial Organics Recycling (MORe),
also known as AB 341 and AB 1826, respectively. In accordance with Public Resources
Code (PRC) Section 42649.3(h) and PRC Section 42649.82(g)(2), CalRecycle is
authorized to conduct reviews of a jurisdiction’s programs at any time.
As a result of the review, the City of Rancho Palos Verdes has been found to be
deficient in implementing its MCR and MORe programs. CalRecycle’s Local Assistance
and Market Development (LAMD) Branch have discussed the findings with the City’s
Annual Reporting contact, Ms. Lauren Ramezani, on January 8, 2020.
Pursuant to PRC Section 42649.3(i) and 42649.82(h), CalRecycle evaluates a number
of factors in its evaluation of the jurisdiction’s good faith effort. Good faith effort means
all reasonable and feasible efforts made by the jurisdiction to implement its commercial
recycling and commercial organic waste recycling programs. CalRecycle has
determined the jurisdiction is not making a good faith effort based upon the following
factors:
1. Mandatory Commercial Recycling
A. The jurisdiction implemented its MCR program, but based on the
monitoring numbers submitted by the jurisdiction, there is still a high level
of non-compliance.
B-1
2. Mandatory Commercial Organics Recycling
A. The jurisdiction implemented its MORe program, but based on the
monitoring numbers submitted by the jurisdiction, there is still a high level
of non-compliance.
At this time, the City is requested to submit a detailed Program Action Plan (Plan) with
strategies, milestones, and expected completion dates to address the program gaps
identified. The Plan should demonstrate all reasonable and feasible efforts to address
program gaps. To have adequate time to assess the information submitted and provide
additional information in the public agenda item, the Plan should be submitted by
February 28, 2020.
At the public meeting in April 2020:
1. If the City has submitted a Plan to adequately address the gaps as indicated in
the public agenda item on April 21, 2020, LAMD will monitor implementation of
Plan activities after the public meeting to ensure the program gaps are fully
addressed. Should the same gaps persist at any time, the City will be notified
and will be referred to the Jurisdiction Compliance Unit (JCU) for consideration of
a compliance order.
2. If the gaps are not adequately addressed or a Plan is not submitted to address
program implementation gaps, this information will be presented at the public
meeting and the City will receive a letter from JCU indicating the start of the
conferring period for consideration of a compliance order.
A. During the conferring period if the gaps are addressed, JCU will inform the
jurisdiction a compliance order will not be issued, and the City will be
referred back to LAMD for regular annual reviews. JCU will also report that
the jurisdiction has addressed the gaps in a public report at one of the
Department’s monthly meetings.
B. If JCU finds the gaps have not been addressed, JCU will initiate the
process to commence issuing a compliance order. The City will receive
information from JCU about the process should the jurisdiction proceed
down that path. LAMD will continue working with the jurisdiction on other
AB 939 program areas.
Should you have any questions regarding the contents of this letter, please contact me
at (562) 492-9685 or by email at jennifer.wallin@calrecycle.ca.gov.
Sincerely,
Jennifer Wallin
Section Manager
Local Assistance and Market Development
B-2
cc: Elias Sassoon, Director of Public Works, City of Rancho Palos Verdes
Lauren Ramezani, Senior Administrative Analyst, City of Rancho Palos Verdes
Alex Helou, Executive Director, Los Angeles Regional Agency
Marisela Reyes, Division Manager, Los Angeles Regional Agency
Nuna Tersibashian, Environmental Supervisor, Los Angeles Regional Agency
Alexander Brideau, LARA Administrator, Los Angeles Regional Agency
Nady Maechling, LARA Consultant, Los Angeles Regional Agency
Primitivo Nuñez, Unit Supervisor, CalRecycle
Mia Hunt, Environmental Scientist, CalRecycle
B-3
C-1
February 26, 2020
Ms. Jennifer Wallin
Section Manager
Cal Recycle
1001 I Street
Sacramento, CA 95812
CITY OF RANCHO PALOS VERDES
OFFICE OF THE CITY MANAGER
SUBJECT: Mandatory Commercial Recycling and Mandatory Commercial Organics
Recycling Program Action Plan
Dear Ms. Wallin,
This letter is in response to your Notice of Mandatory Commercial Recycling and
Mandatory Commercial Organics Recycling Program Implementation Gaps (Notice)
dated January 28, 2020 .
The City's plan of action includes having a Mandatory Commercial and Organics
Recycling Ordinance adopted by the end of the FY 19-20 to meet and comply with the
requirements of CaiRecycle's AB 1826, Mandatory Commercial Organics Recycling
(MORe) and AB 341, Mandatory Commercial Recycling (MCR) programs.
As requested, attached please find the City's detailed Program Action Plan (Plan) with
strategies, milestones and expected completion dates to address the program gaps
identified by your Notice. The Plan demonstrates how all reasonable and feasible efforts
will be made by the City to address program gaps.
Should you have any questions regarding the attached Plan, please contact Lauren
Ramezani at 310-544-5245 or Laurenr@rpvca.g ov .
Ara · 1
City Manager
Attachment: Program Action Plan
cc: Primitive Nunez, Unit Supervisor, CaiRecycle
Mia Hunt, Environmental Scientist, CaiRecycle
Alex Helou, Executive Director, Los Angeles Regional Agency
Marisela Reyes, Division Manager, Los Angeles Regional Agency
Nuna Tersibashian, Environmental Supervisor, Los Angeles Regional Agency
Elias Sassoon, Director of Public Works
Lauren Ramezani , Senior Adrninistraliv~ Am:~lysl
30940 HAWTHORN E B LVD . I RANC HO I)A LOS VERDES, CA 90275 ·5391 I (3 10) 544-5207 I FAX (3 10) 5 44-5291/ WWW RPVCA GOV
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RE: City of Rancho Palos Verdes Program Action Plan
to Address MCR and/or MORe Program Gap(s)
MANDATORY COMMERCIAL RECYCLING (MCRIAB 341) and/or MANDATORY
COMMERCIAL ORGANICS RECYCLING (MORe/AB 1826)
Target Responsible Target
Program Development Audience Party Frequency Completion
Date
Mandatory Ordinance
Businesses
• Consider ordinance options and MF City and February-
to address MCR and MORe dwellings City N/A March
compliance subject to Attorney's 2020 MCR and Office
MORe
Businesses
• Review CaiRecycle's Model and MF City and
Ordinance and finalize City's dwellings City N/A April-May
draft ordinance. subject to Attorney's 2020
MCR and Office
MORe
Businesses
Discuss City's final draft and MF • dwellings City & 4
ordinance subject to Haulers N/A May 2020
MCR and
MORe
Businesses
Presentation to City Council. and MF • dwellings
1st reading of ordinance subject to City Once May 2020
MCR and
MORe
Businesses
• Presentation to City Council. and MF
2nd reading -Adoption of dwellings City Once June 2020
ordinance subject to
MCR and
MORe
Businesses
and MF
• Ordinance goes into effect dwellings City N/A July 2020 subject to
MCR and
MORe
Pag e
W:ILAUREN\Solid Waste\SRRE\CaiRecycle 30 day notice\30-day Plan for MCR_MORe-lr 3.docx
C-3
Public Education and
Outreach
Prepare public outreach Businesses • and MF material targeting dwellings Semi-March
businesses and MF subject to City Annually 2020
dwellings MCR and
MORe
Businesses
Identify technical assistance and MF City, June-• dwellings
team subject to Haulers , On-going August
MCR and Consultant 2020
MORe
Businesses
and MF
• City Newsletter dwellings City Bi-annual Spring and
subject to Fall2020
MCR and
MORe
Businesses
Residential Hauler (EDCO) and MF • dwellings Hauler Spring and
Newsletter subject to (EDCO) Bi-annual Fall2020
MCR and
MORe
Businesses
and MF Minimum As
• Press Releases dwellings City of 3-as
subject to much as programs
MCR and needed progress
MORe
Businesses
• Letter to regulated and MF
businesses and MF dwellings City Bi-annual Spring and
dwellings subject to Fall2020
MCR and
MORe
Bus inesses
and MF
• Public outreach meetings dwellings City 1 to 2 May-July
subject to meetings 2020
MCR and
MORe
Hauler Agreements
• Review existing solid waste Businesses
commercial agreement and MF City and N/A April-May
requirements to determine if dwellings City 2020
t-'age 1 z
W:ILAUREN\Solid Waste\SRRE\CaiRecycle 30 day notice\30-day Plan for MCR_MORe-lr 3.docx
C-4
modifications are needed to subject to Attorney's
require hauler(s) to provide MCR and Office
recycling and organics MORe
services to all regulated
businesses automatically
and charge them for such
services. This is an option
that is under consideration at
this time.
• Consult with hauler(s) for
input, communicate
Businesses requirements to hauler(s), and MF
including reporting and site dwellings City and 4
visit frequency, education subject to Haulers Quarterly On-going
and outreach, monitoring, MCR and
signage, exemption MORe
documentation, etc.
• Prepare modified
agreement(s) including
applicable subtasks, such
as:
0 Haulers reporting and
site visit frequency,
education and
outreach, monitoring,
Businesses signage, exemption and MF City and
documentation, etc. dwellings City April-May
0 City to meet with subject to Attorney's N/A 2020
haulers on certain MCR and Office
frequency, review of MORe
reports including
haulers submitted
exemptions, City's
action to be taken if
hauler not in
compliance with
agreement, etc.
Businesses
Present draft of hauler and MF City and
• dwellings City
agreements to City Council subject to Attorney's N/A June 2020
MCR and Office
MORe
W:\LAUREN\Solid Waste\SRRE\CaiRecycle 30 day notice\30-day Plan for MCR_MORe-lr 3.docx
C-5
Businesses
• Execution and and MF
implementation of amended dwellings July-
Haulers N/A December
hauler agreements subject to
MCR and 2020
MORe
Commence Container
(Recycling and/or
Organics) Roll-Out
• Initial site visits to covered
generators to determine # of Businesses
and MF recycling and/or organics dwellings July-
containers needed location subject to Haulers On-going December
of containers, signage, and MCR and 2020
frequency of service . MORe
• Set up service with
customer-communicate to Businesses
customer, deliver recycling and MF July-dwellings
and/or organics container(s), subject to Haulers On-going December
education and outreach MCR and 2020
material, signage, etc. MORe
Businesses
• Foil ow up with customer as and MF
needed after collection dwellings Haulers As July 2020
service starts subject to needed -On-going
MCR and
MORe
Enforcement
• Train code enforcement staff
on enforcement procedures: Businesses
and MF include phased approach: dwellings As August-
1. Education subject to City needed December
2. Written warning MCR and 2020
3. Issuance of fine/citation MORe
Businesses
• Prepare notices, citations, and MF
site visit logs, tracking dwellings August-
City N/A December
mechanism subject to
MCR and 2020
MORe
Maintain records of Businesses • and MF City and Starting
enforcement actions On-going dwellings Haulers 2021
subject to
W:ILAUREN\Solid Waste\SRRE\CaiRecycle 30 day notice\30 -day Plan for MCR_MORe -lr 3_docx
C-6
MCR and
MORe
Self-Hauling
• Develop method to identify Businesses
all regulated businesses and and MF
dwellings August
Multi-Family dwellings that subject to Haulers N/A 2020
are currently self-hauling MCR and
MORe
• Determine if regulated
businesses are self-hauling Businesses
and MF all covered material or if dwellings September
additional collection service subject to Haulers On-going 2020-On-
is needed. Confirm where MCR and going
material is taken MORe
Determine collection service
needs if MORe Threshold
reduces to 2CYIWK
• Initial site visits to covered Businesses
generators to determine # of and MF May-
recycling containers needed, dwellings Haulers On-going December
location of containers, and subject to
MCR and 2020
frequency of service MORe
• Set up service with
customer-communicate to Businesses
customer, deliver and MF July-dwellings
recycling/organics subject to Haulers On-going December
container(s), provide signage MCR and 2020
and education MORe
Businesses
• Follow up with businesses as and MF
needed after collection dwellings Haulers As July 2020
service starts subject to Needed -On-going
MCR and
MORe
Updated Public Education (if
MORe Threshold is reduced)
• Update all public outreach Businesses City and One-Time Once
material with new/reduced and MF Haulers Cal Recycle
MORe threshold dwellings determines
subject to if the MCR and threshold MORe changes
Page r~--------------------------------------------------------------
W :\LAUREN\Solid Waste\SRRE\CaiRecycle 30 day notice\30-day Plan for MCR_MORe-lr 3.docx
CfTYOF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
MICHAEL THRONE, P .E., DIRECTOR OF PUBLIC WORKS ii'))
OCTOBER 20, 2015
SUBJECT: APPROVE MANDATORY COMMERCIAL ORGANICS
RECYCLING PROGRAM (AB 1826)
REVIEWED: DOUG WILLMORE, CITY MANAGER fllAA.}
Project Manager: Lauren Ramezani, Senior Administrative Analyst 'f,{v
RECOMMENDATION
Approve the City's implementation program for a mandatory commercial organics
recycling program complete with outreach, education, and monitoring as required by the
State approved AB 1826, Mandatory Commercial Organics Recycling.
FISCAL IMPACT
There is no fiscal impact.
EXECUTIVE SUMMARY
Pursuant to AB 1826, cities and counties are required to implement a mandatory
commercial organics recycling program targeting businesses by January 1, 2016. This
law phases-in the mandatory recycling of commercial organics over several years, with
an increase in the number of businesses required to comply each year, with full
implementation realized in 2019. In order to meet the State's requirements, staff has
prepared a mandatory commercial organics recycling program/plan for Council approval.
The program is for affected businesses and multi-family complexes in the City, for
implementation on and after January 1, 2016.
BACKGROUND
On September 28, 2014, Governor Brown signed AB 1826, Mandatory Commercial
Organics Recycling. Organic waste (organics) is defined as any material that is
biodegradable and comes from either a plant or an animal. Some examples of organic
1 D-1
Organics Recycling Program-AB 1826
October 20, 2015
Page 12
waste are food waste, green waste, landscape and pruning waste, garden and lawn
clippings, nonhazardous wood waste, and food soiled paper that is mixed in with food
waste.
Beginning April 1, 2016, businesses generating least eight (8) cubic yards per week of
organic waste will be required to arrange for organic waste recycling services.
Additionally, multi-family residential dwellings (MF) that consist of five or more units and
generating 8 cubic yards per week of organic waste will also be required to arrange for
organic waste recycling services. However, MF are not required to have a food waste
diversion program which makes compliance easier.
DISCUSSION
The City has non-exclusive commercial solid waste and recycling agreements with eight
(8) commercial haulers, and one exclusive residential agreement with EDCO. Four (4)
commercial haulers exclusively provide temporary roll-off bins for construction and
demolition activities, and therefore are exempt from the requirements of this legislation.
Staff and SCS Engineers, the City's solid waste consultant, plan to work closely with the
remaining four commercial haulers (CalMet, Consolidated/Republic, EDCO, and Waste
Management) that are subject to AB 1826 on implementing organics recycling for
businesses, and with EDCO for implementing multi-family organics recycling. The
following are the milestones and required actions as mandated by the State:
• January 1, 2016: The City must implement an organics recycling program
complete with outreach, education, and monitoring plan.
• April 1, 2016: Businesses that generate 8 cubic yards of organic material or more
per week are required to arrange for organic waste recycling services.
• January 1, 2017: Businesses that generate 4 cubic yards of organic material or
more per week are required to arrange for organic waste recycling services.
• August 1, 2017 (ongoing): The City must provide information about their organic
recycling program implementation in the annual report submitted to CalRecycle.
• January 1, 2019: Businesses that generate 4 cubic yards of commercial solid
waste or more per week are required to arrange for organic waste recycling
services.
• Fall 2020: After receipt of the submitted 2019 annual reports, CalRecycle to
conduct its formal review of all jurisdictions.
• Summer/Fall 2021: If CalRecycle determines that the statewide disposal of organic
waste in 2020 has not been reduced by 50 percent of the level of disposal during
2014, then businesses that generate 2 cubic yards of commercial solid waste or
more per week are required to arrange for organic waste recycling services.
The City's efforts for businesses and the multi-family sector are discussed separately.
2 D-2
Organics Recycling Program-AB 1826
October 20, 2015
Paige 13
Businesses Sector: The affected businesses are typically larger businesses and/or
commercial complexes that generate 8 or more cubic yard of organics (food waste and/or
green waste) in a week. This includes restaurants, shopping centers, cemeteries,
schools, resorts, golf courses, and public facilities.
Staff has begun reaching out to the four abovementioned haulers to assure appropriate
steps are and will be taken. The planned outreach includes the following:
• Staff-Informing haulers to provide outreach to their affected business accounts
• Haulers-Working to identify affected businesses and/or their management
companies
• Haulers-Contacting those businesses and providing recycling and outreach
• Staff-Updating the upcoming 2016 annual commercial hauling agreement and
incorporating new organics recycling related language
• Staff-Notifying the affected businesses and/or management companies of the
requirements and offering assistance
• Staff-Sending informational fliers to all businesses during business license
renewal in December 2015
• Staff-Continuing outreach and education, and monitoring program
Multi-Family Sector: The City has approximately 45 MF dwellings. AB 1826 targets MF
complexes that are 5 units or more AND that generate 8 cubic yard of organics a week.
EDCO estimates that the number is very small, or approximately 2-3 complexes. The
reason is because: a) food waste diversion is not required for MF at this time, and 2)
many MF complexes have either small or no yards, therefore, do not fall within AB 1826's
threshold.
Staff is working closely with EDCO to assure appropriate steps are taken. The planned
outreach includes the following:
• Staff-Informing EDCO to provide outreach to their affected business accounts
• EDCO-Identifying affected MF accounts
• EDCO-Providing outreach and education to those customers and/or management
companies, and provide recycling
• Staff-Planning to reach out to affected MF and/or management companies and:
o notifying them of the requirements, providing outreach material for occupants,
providing outreach material to their professional landscapers (if needed),
offering assistance, Continuing outreach, education, and monitoring program
CONCLUSION
Staff has prepared a program to meet the requirements set forth for 2016 by the State's
AB 1826 for affected businesses and MF dwellings. The program includes targeted
outreach, education, and monitoring. Later next year, in 2016, staff will update the
program to include the years 2017, and further.
3 D-3
Organics Recycling Program-AB 1826
October 20, 2015
Paige 14
ALTERNATIVES
1. Do not implement mandatory commercial organics waste recycling. However, it is
the law and the City is mandated to have an organic waste recycling program in
place.
2. Adopt a City Mandatory Organics Recycling ordinance. Staff does not recommend
this additional step. Typically cities that adopt such an ordinance add enforcement
and/or penalty sections. However, the law does not require enforcement upon
businesses, and staff does not recommend diverting Code Enforcement staff's
limited time and resources on such duties at this time.
Attachment
Program for the Business Sector and the Multi-Family Sector
4
(page 5)
D-4
Organics Recycling Program-AB 1826
October 20, 2015
Page 15
AB 1826 IMPLEMENTATION PROGRAM
OCTOBER 2015-JUNE 2016
Commercial Sector
• Oct-Nov 2015: Identify businesses that are covered under Phase I: 8 cy/week of
organics
• Nov-Dec 2015: Develop and distribute outreach to all businesses informing them of
AB 1826 requirements, responsibilities, and services offered by hauler. Contact
information for the haulers and the City will be provided on all materials. Outreach
methods will include letters, newsletters, flyers and website postings.
• Nov-Dec 2015: Conduct site visits of select large generators to identify existing
programs and opportunities for new or expanded organics diversion
• Jan-Feb 2016: Distribute additional outreach to businesses regarding AB 1826.
• Feb 2016: Provide copies of outreach materials in Quarterly Commercial Hauler
report to City, including and method of outreach distribution.
• Feb-March 2016: Conduct additional site visits as needed.
• April 2016: Implement organics diversion for all businesses generating 8 cy/week of
organics
• May 2016: Provide copies of outreach materials in Quarterly Commercial Hauler
report to City, including dates of distribution and method of outreach distribution.
• May-June 2016: Distribute additional outreach and education, including site visits,
flyers, and letters.
Residential Sector
• Oct-Nov 2015: Identify multi-family (MF) complexes that are covered under Phase I:
8 cy/week of organics, such as yard trimmings and wood (not including food scraps)
AND 5 units or more.
5 D-5
Organics Recycling Program-AB 1826
October 20, 2015
Page 16
• Nov-Dec 2015: Develop and distribute outreach to all MF complexes informing them
of AB 1826 requirements, responsibilities, and services offered by EDCO. Contact
information for EDCO and City will be included in outreach materials. Outreach
methods will include letters, flyers, newsletters and/or website postings.
• Nov-Dec 2015: Conduct site visits to select large MF complexes to identify types and
quantities of organics generated and disposed, and opportunities and constraints for
implementing organics diversion.
• Jan 2016: Send letters to complex managers and/or owners.
• Jan-Feb 2016: Distribute additional outreach to complexes reminding them of AB
1826 and update information on websites.
• Feb 2016: Provide copies of outreach materials in Quarterly Residential Hauling
report to City, including dates and method of distribution.
• Feb-March 2016: Conduct additional site visits as needed.
• April 2016: Implement organics diversion for all multi-family complexes that are 5+
units and generating 8 cy/week of yard trimmings, wood, etc.
• May 2016: Provide copies of outreach materials in Quarterly Residential Hauling
report to City, including dates and methods of outreach distribution.
• May-June 2016: Distribute additional outreach and education, including flyers, letters,
and newsletters, and conduct additional site visits as needed.
6 D-6
CITY OF RANCHO PALOS VERDES
30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275‐5391
November 28, 2018
FACILITY MANAGER
Michaelis Chevron
29421 S Western Ave
RANCHO PALOS VERDES, CA 90275
Subject: Update on Solid Waste Laws Affecting Your Business
Dear Facility Manager:
In an effort to provide you with updated information about laws and regulations that can affect your business as it
relates to solid waste management - trash, recycling, and organics - you are receiving this letter to notify you about a
change in one law that pertains to organics.
Organics
AB1826, the Mandatory Commercial Organics Recycling Law, requires accounts that generate four (4) cubic yards or
more per week of organic waste - food scraps, landscape debris, and nonhazardous wood waste - to recycle this
material. As of January 1, 2019, the threshold for compliance will drop to four (4) cubic yards of solid waste per week.
That means that many accounts in Rancho Palos Verdes will now need to comply with this law. Please contact your
hauler, CALMET SERVICES, about your services at 29421 S Western Ave to discuss your account and how best to
comply with this law by the end of 2018, if you have not done so already.
General Recycling
As a reminder, AB341, the Mandatory Commercial Recycling law, requires accounts that generate four (4) cubic yards
or more of solid waste to have a recycling program (paper, beverage containers, cardboard, metal, etc) in place. This
law has been in effect for many years and there are still some accounts in the City that need to comply. Please call
your hauler as soon as possible to help determine the best recycling programs for your business, if a recycling program
is not yet in place.
The Future of Solid Waste Management
Lastly, new State regulations will add more complexity to recycling compliance in the near future. SB1383, currently
in draft form (to be finalized sometime in 2019 and take effect in 2022) will be a game-changer for solid waste
management in the state. All cities will need to add another layer of reporting, inspections, enforcement, and penalties
to their solid waste management program, and strive to have robust food recovery programs in place. This will mean
increases in rates and tracking of recycling programs, as well as those accounts that remain non-compliant (do not
have adequate recycling programs in place).
Please contact your hauler with any questions about these laws, or visit:
AB341 - https://www.laregionalagency.us/ab341/
AB1826 - https://www.laregionalagency.us/mandatory-commercial-organics-recycling/
SB1383 - https://www.laregionalagency.us/senate-bill-1383/
For specific questions about your account, contact your hauler. For general questions, please contact Michelle
Nicholls, the City’s solid waste and recycling consultant at michellenicholls@caaprofessionals.com or 562-715-3703.
Sincerely,
Lauren Ramezani
Senior Administrative Analyst
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CITY OF RANCHO PALOS VERDES
30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275‐5391
September 18, 2018
Mr. Roye Mbarah
Senior Director of Facilities
Terranea Resort
100 Terranea Way
Rancho Palos Verdes, CA 90275-1013
Subject: Commercial Organics Recycling Compliance
Dear Mr. Mbarah:
State law requires certain businesses to recycle their organic waste, based on the amount of organics (food
scraps, landscape debris, and nonhazardous wood waste) generated each week. This can be accomplished
a few ways:
Donate your organic waste through food rescue.
Recycle organic waste onsite through composting or self-hauling to an organics processing facility.
Subscribe to an organic waste recycling service that collects organic waste separately from trash and
other recyclables.
Subscribe to an organic waste recycling service that includes mixed-waste processing that specifically
recycles organic waste (note: none of RPV’s authorized haulers currently provide this service).
The current threshold for compliance is any business that generate 4 cubic yards or more of organic waste
per week. Starting January 1, 2019, the compliance threshold falls to 4 cubic yards or more of solid waste per
week. Based on your current level of service with Republic Services, your account is not in compliance with
the law at this time, as they have determined 10 tons of food per week are still being disposed by your facility.
It is our understanding that Republic Services has been in contact with you a number of times to establish
an organics recycling program to collect your excess food waste that cannot be donated or repurposed. I
strongly urge you to work with them to establish a solution that will put this material to good use and make
your facility compliant with state law before the end of the year.
Please contact Tania at Republic Services (TRagland@republicservices.com; 818-262-7388) or the
undersigned with any questions about Terranea’s compliance with this law. For information about the state
law, visit: laregionalagency.us/mandatory-commercial-organics-recycling/.
Sincerely,
Lauren Ramezani
Senior Administrative Analyst
310-544-5245
laurenr@rpvca.gov
cc: Tania Ragland, Republic Services
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EFFECTIVE JANUARY 1, 2019:
All businesses that generate 4 or more cubic yards of solid
waste (trash) per week MUST have an organics waste recy-
cling program in place.
All multi-family complexes with 5 or more units that
generate 4 or more cubic yards of solid waste (trash) per
week MUST have an green waste recycling program in
place.
For specific questions about your account, contact
your hauler.
For general questions contact Rancho Palos Verdes:
(310) 544-5252 Email: publicworks@rpvca.gov
The State’s Mandatory
Commercial Organics
Recycling Law (AB1826)
is Expanding for 2019
This law requires recycling of food scraps, landscape debris,
and nonhazardous wood waste. For more information, visit:
laregionalagency.us/mandatory-commercial-organics-
recycling/
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CITY OF RANCHO PALOS VERDES
30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275‐5391
December 22, 2017
PROPERTY MANAGER
«Bill_Name»
«Bill_No» «Bill_Str»
«Bill_City_ST» «Bill_Zip»
Subject: Organics Recycling Compliance for Multi-Family Complexes
Dear Property Manager:
State law requires multi-family dwellings of five (5) or more units to recycle their organic waste, based on the
amount of organics (greenwaste, aka landscape debris) generated each week. This can be accomplished a
few ways:
Recycle organic waste onsite through composting or self-hauling to an organics processing facility.
Subscribe to an organic waste recycling service that collects organic waste separately from trash and
other recyclables.
The threshold for compliance is as follows:
Apr. 1, 2016 Complexes that generate 8 cubic yards or more of organic waste per week
Jan. 1, 2017 Complexes that generate 4 cubic yards or more of organic waste per week
Jan. 1, 2019 Complexes that generate 4 cubic yards or more of solid waste per week
Summer/Fall 2021 Complexes that generate 2 cubic yards or more of solid waste per week
Based on our estimates related to your current level of service with EDCO, your account at «Svc_No»
«Svc_Str» may not be in compliance with the law at this time. Our estimates may be incorrect, so please call
EDCO to help determine if/when you need to comply with this law.
We understand that your building may be recycling organics through other means. Please help us recognize
your efforts by providing details on the types and quantities of organics you are currently recycling or
reusing/donating using the attached form and returning it in the enclosed envelope, by email to
laurenr@rpvca.gov, or by fax to 310-544-5292. This information will be kept confidential and will only be used
to report your compliance to the state.
Please contact EDCO at 310-540-2977 or the undersigned with any questions about this law, or visit:
laregionalagency.us/mandatory-commercial-organics-recycling/.
Sincerely,
Lauren Ramezani
Senior Administrative Analyst
310-544-5245
laurenr@rpvca.gov
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Call 310‐544‐5245 with questions about completing this form. Please return completed form to: Lauren Ramezani, City of
Rancho Palos Verdes, laurenr@rpvca.gov, F 310‐544‐5292, 30940 Hawthorne Blvd., 90275 CONFIDENTIAL
Recycling Questionnaire Acct # «Acct»
Company Information
Name of Complex «Svc_Name» Phone Number
Address «Svc_No» «Svc_Str» E‐Mail Address
# of Units Contact Person and Position
Details about current waste reduction and/or recycling programs
Please provide as much detail as you can for each one, if applicable. This is only for material that is not handled
by EDCO and is a list of the most common organics materials donated or composted at a multi‐family property.
How Handled (recycling, shredding,
waste minimization, etc.)
Details on Amount (pounds,
cubic yards, etc ;per week/month etc)
☒Manage organics onsite Grasscycle grass clippings 3,500 ft2 lawn area
☒Gardener takes landscape debris
Gardener takes greenwaste for
mulch/compost 5 burlaps sacks/week
☐Manage organics onsite
☐Take organics to another facility for processing
☐Other
☐Other
☐Gardener takes landscape debris
☐Grass clippings left on lawn Size of lawn area Sq. Ft./Acres (circle one)
Additional Assistance Requested
☐Yes, please have EDCO contact me about recycling services or to set up a site visit to evaluate our options.
☐No, we don’t need any help with our recycling programs right now.
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Mandatory Organics Recycling
AB1826 CA State Mandate
FOR MORE INFORMATION: Phone: Email:
www.calrecycle.ca.gov/recycle/commercial/organics or www.laregionalagency.us
Requirements
Multi-family Residential Dwellings must have an organics
(green waste) recycling program in place by:
Organics: defined by the State as food waste, green waste, landscape and pruning waste,
nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
*Note: Multi-family residential dwellings are NOT required to recycle food waste at this time.
April 1, 2016 Generators of 8 or more cubic yards of organic waste per week
January 1, 2017 Generators of 4 or more cubic yards of organic waste per week
January 1, 2019 Generators of 4 or more cubic yards of solid waste per week
Summer/Fall 2021 Generators of 2 or more cubic yards of solid waste per week, if statewide disposal of organic waste is not decreased by 50%
How to Comply
Donate the generated organic waste (food rescue).
Recycle organic waste onsite through composting or self-haul for organics recycling.
Source-separate organic waste from other waste and subscribe to an organic waste recycling service
that specifically includes collection and recycling of organic waste.
Subscribe to an organic waste recycling service that includes mixed-waste processing that specifically
recycles organic waste.
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