Ordinance No. 12-2094 Garbage and Recycling Collection and Disposal ORDINANCE N O. 12-2094
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 6.24 (GARBAGE AND RECYCLING COLLECTION
AND DISPOSAL) OF THE CUPERTINO MUNICIPAL CODE TO ADDRESS
"MANDATORY RECYCLING" REQUIREMENTS (AB 341) FOR MULTI-
FAMILY AND COMMERCIAL BUSINESS RECYCLING
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. SECTION 6.24.020 AMENDED. Section 6.24.020 of the Cupertino
Municipal Code is hereby amended to read as follows:
6.24.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings ascribed to them by this section, unless the context or the provision clearly
requires otherwise:
1. "City" means and includes all the territory lying within the municipal boundaries
of the City of Cupertino as presently existing, plus all territory which may be added
thereto during the effective term of the ordinance codified herein.
2. "Collection station" means the location at which containers of garbage,
recyclables and compostable materials are placed for collection by the authorized garbage
collector.
3. "Compostable Materials" means organic materials, including but not limited to,
material generated from tree trimming, shrubbery pruning, vegetative garden wastes,
dead plants, weeds, leaves, grass clippings, food and non-food vegetative matter, soiled
paper, and cardboard and waxed cardboard that decompose biologically.
4. "Construction and demolition debris" or"C&D debris" means materials resulting
from the construction, remodeling, or demolition of buildings and other structures.
"Construction and demolition debris" includes, but is not limited to, concrete, asphalt,
rock and dirt related to construction, remodeling, repair, or demolition operations and is
subject to the provisions of Chapter 16.72.
5. "Debris box service" means collection service in containers without compaction
that have a capacity of eight(8) cubic yards or more. Debris boxes may be used for the
collection of recyclable and compostable materials, or garbage, and may be used for
construction and/or demolition debris that may or may not be intended for full or partial
recycling or other waste diversion.
Ordinance No. 12-2094
6. "Delinquent" means a failure of the recipient of garbage collection service, or of
the property owner, to pay when due all charges owed to the garbage collector for
garbage collection service rendered or to be rendered.
7. "Director"means the Director of Public Works and his/her duly authorized
agents and representatives.
8. "Dwelling" means a residence, flat, duplex, apartment, townhouse, condominium
or other facility used for housing one or more persons.
9. "Equipment" means a debris box or debris bin and vehicles used to transport
debris boxes or bins.
10. "Finance Director"means the Finance Director and his/her duly authorized
agents and representatives.
11. "Garbage"means all materials, substances or objects that are discarded,
including but not restricted to, materials, substances or objects commonly referred to as
"trash," "garbage," "refuse"and "rubbish"that are produced, generated or accumulated
by all residential, commercial, industrial, institutional, municipal, agricultural and other
inhabitants, premises and activities within the City, the collection of which is regulated
through the franchise agreement existing between the City and the authorized garbage
collector; provided, however, that "garbage"does not include (a) hazardous materials, (b)
recyclable materials, (c) compostable materials, (d) construction and demolition debris,
(e) biomedical waste, (0 ash, and (g) sewage and other highly diluted water-carried
materials or substances and those in gaseous form.
12. "Garbage collector" means any person or entity authorized by the franchise
agreement between the Franchisee and the City, in accordance with Section 6.24.120 of
this chapter, to collect, receive, carry, transport, and dispose of any garbage produced,
kept or accumulated within the City.
13. "Garbage collection service" means the collection, transportation and disposal
of garbage, compostable materials and recyclables by an authorized garbage collector.
14. "Hazardous materials" means any or combination of materials which because of
its quantity, concentration, or physical, chemical or infectious characteristics may either:
(a) cause or significantly contribute to an increase in mortality or an increase in serious
irreversible, or incapacitating reversible illness; or (b)pose a substantial present or
potential hazard to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed. Hazardous materials includes, but is
not limited to, hazardous wastes as defined under California or United States law or any
regulations promulgated pursuant to such laws, and all toxic, radioactive, biologically
infectious, explosive or flammable waste materials, including any material defined in
Section 9.12.020 of the Cupertino City Code for which a hazardous materials storage
permit is required.
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Ordinance No. 12-2094
15. "Multi-unit Dwelling" or"Multi-family Dwelling" means any premises,
excluding a hotel, motel, or lodging house, used for residential purposes containing five
(5) dwelling units or more, irrespective of whether the residency is transient, temporary
or permanent.
16. "Nonresidential premises" means all premises except residential premises,
including but not restricted to premises used for industrial, commercial, administrative
and professional offices, public and quasi-public buildings, utility and transportation.
17. "Occupancy"; "occupied": Premises are "occupied" when a person or persons
take or hold possession of the premises for permanent or temporary use. For the purposes
of determining whether a premises is occupied during periods when garbage collection
service is made available to such premises, occupancy shall be presumed unless evidence
is presented that gas, electric, telephone and water utility services were not being
provided to the premises during such periods.
18. "Owner" means the holder or holders of legal title to the real property
constituting the premises to which garbage collection service is provided.
19. "Person" includes any person, firm, association, organization, partnership,
business trust,joint venture, corporation, or company, and includes the United States, the
State of California, the County of Santa Clara. special purpose districts, and any officer
or agency thereof.
20. "Premises" means any land, building or structure, or portion thereof, within the
City where any garbage is produced, kept, deposited, placed or accumulated.
21. "Recyclables" or"Recyclable Material" mean those materials that can be
returned to economic use as raw materials for new, reused or reconstituted products,
which prior to collection are separated by the generator from other material treated as
garbage. Examples of Recyclables include, but are not limited to: newspaper, cans,
corrugated cardboard, glass, certain types of plastic, metals, wood, automobile oil, and
compostable items such as food and yard waste. "Mixed Recyclables" means more than
one type of Recyclable Material commingled in a bin, debris box, compactor or other
type of container. This material includes, but is not limited to wood, paper, plastic,
metals, glass, and other dry waste. The material must not have more than 10%
putrescible or non-recyclable waste.
22. "Residential premises" means any single-unit dwelling or multiple-unit
dwelling.
23. "Single-stream recycling" means a recycling program in which generators place
multiple types of recoverable materials in a single container that is designated specifically
for recyclables and is taken to a material recovery facility for processing.
Ordinance No. 12-2094
24. "Single-unit dwelling"means one or more rooms and a single kitchen, designed
for occupancy by one family for residential purposes. Each dwelling unit within a
condominium project, duplex, townhouse project or apartment, and each second unit
located within a single-family residential zoning district, shall constitute a separate
single-unit dwelling to which garbage collection service is provided, unless the owner or
occupants thereof arrange for garbage collection service to be provided to all dwelling
units upon the premises at commercial rates.
25. "Source Separated Recyclables"means any Recyclables that, prior to collection,
are or have been separated or segregated by their generator as to type or category of
source material and are or have been placed into separate containers according to type or
category, i.e. all metal is separated from other recyclables and placed in its own separate
container or separate debris box.
26. "Tenant"means any person or persons, other than the owner, occupying or in
possession of a premises.
Section 2. SECTION 6.24.035 ADDED. A new Section, Section 6.24.035 is
hereby added to the Cupertino Municipal Code to read as follows:
6.24.035 Mandatory Recycling for Multi-family Dwelling residential developments and
commercial business structures.
A. All new construction and remodeling of existing Multi-family Dwelling
residential and commercial business structures is required to be designed to adequately
store containers for recyclables, compostables and garbage.
B. All responsible parties of Multi-family Dwelling residential properties are
required to subscribe to and maintain mandatory residential recycling services for each
individual household in the dwelling. An exception may be granted at the discretion of
the City Manager or the City Manager's designated representative if it is determined
there is not sufficient storage space for the containers at the residential property.
C. All responsible parties of commercial business properties are required to
subscribe to and maintain mandatory commercial recycling services at commercial
business properties that generate greater than or equal to four(4) cubic yards of refuse
per week. If the franchised hauler transports containers of refuse generated at the
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Ordinance No. 12-2094
commercial business property to a material recovery facility for the purposes of mixed
waste processing, thereby separating recyclables from the mixed waste and recycling the
recyclables, the commercial business property will be deemed to be subscribing to
recycling services.
D. For Multi-family Dwelling residential and commercial business structures the
disposal of garbage in containers designated for compostable material processing or for
source separated or single-stream recycling is prohibited.
E. The franchised hauler is prohibited from providing garbage service to
responsible parties of commercial business properties subject to the mandatory recycling
requirements without providing a recycling program that includes the collection of a
container no less than thirty-two (32) gallon capacity, provided by the hauler, at least one
time per week. The only exceptions to this requirement are the following:
(1) The franchised hauler provides a mixed waste processing program to the
commercial business in which refuse containers are taken to a material recovery facility
for processing to remove recyclable materials.
(2) The franchised hauler may verify the responsible party has been granted
an exception to the mandatory commercial recycling program from the City Manager or
the City Manager's designated representative.
Section 3. SECTION 6.24.300 AMENDED. Section 6.24.300 of the Cupertino
Municipal Code is hereby amended to read as follows:
6.24.300 Unauthorized Garbage Collection.
No person shall collect any garbage, mixed recyclables, or construction and
demolition materials from debris boxes, compactors and bin-by-the-day services,
produced, kept or accumulated within the City, unless such person is an agent or
employee of the City acting within the course and scope of his employment, or has been
awarded a franchise by the City to act as garbage collector. The City shall notify any
Ordinance No. 12-2094
person or entity violating this section that the prompt and permanent removal of any
collection bin, box or container from the place or premises is required. The City's
franchised hauler may take legal action to protect the exclusive rights granted to the
hauler in the franchise agreement.
The following situations are exempt from this section:
A) The transporting of garbage or recyclables, by the property owner, that have
been generated on the property by the owner of the property or by an individual or
entity leasing or renting the property from the property owner.
B) Collection of recyclable materials which have been source separated from
other garbage by the generator and which the generator sells or donates to any
other person or organization, or any recyclable materials which have a value equal
to or more than the cost of collection.
C) Removal of construction, remodeling or demolition debris as part of a total
service offered by the contractor, where the removal is performed by an employee
of the contractor using only equipment owned by the contractor.
D) Removal of green waste or plant trimmings by a gardening, landscaping, or
tree trimming contractor as an incidental part of a total service offered by that
contractor.
E) Collection of grease wastes from grease bins, grease traps or grease
interceptors.
F) Collection of horse manure from residences or non-residential properties.
G) Collection of hazardous materials.
H) Collection of non-hazardous material that is greater than fifty percent (50%)
liquid (including septic tank pumping, and other liquid wastes).
Section 4. Statement of Purpose. This Ordinance is intended to bring the
requirements of Chapter 6.24, into compliance with the requirements of Assembly Bill
341 (Chesbro) which require multi-family dwellings of five or more units and
commercial businesses generating four or more cubic yards of solid waste per week to
arrange for recycling services no later than July 1, 2012. In the absence of this
amendment, Chapter 6.24 would be inconsistent with the law.
Section 5. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof are
severable.
Section 6. Effective Date. This Ordinance shall take effect thirty days after
adoption as provided by Government Code Section 36937.
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Ordinance No. 12-2094
Section 7. Certification. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall give notice of its adoption as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
published and posted in lieu of publication and posting of the entire text.
INTRODUCED at a regular meeting of the Cupertino City Council the 1st day of
May and ENACTED at a regular meeting of the Cupertino City Council the 15th day of
May by the following vote:
Vote Members of the City Council
Ayes: Santoro, Mahoney, Chang, Sinks, Wong
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
—
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 12-2094, which was
enacted on May 15, 2012, and that it has been published or posted pursuant
to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 18th day of May 2012.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate