Table of Contents TITLE VI: HEALTH AND SANITATION... 4 CHAPTER 6.01 ENACTMENT... 4

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1 Table of Contents TITLE VI: HEALTH AND SANITATION... 4 CHAPTER 6.01 ENACTMENT... 4 CHAPTER 6.02 INTENT Authority Contractual Authority Findings Declarations of Policy... 5 CHAPTER 6.03 SHORT TITLE... 7 CHAPTER 6.04 COLLECTION SERVICE MANDATORY... 8 CHAPTER 6.05 DEFINITIONS AB Bulky Waste Collection Collection Premises Commercial Solid Waste Council Franchisee Franchise Fee Hazardous Waste or Materials Household Hazardous Waste Industrial Solid Waste Medical Waste Multi-Family Units Owner Occupant Recyclables or Recyclable Material Residential Solid Waste Single-Family Unit Solid Waste Special Wastes Yard Waste Fee a Civil Debt Lien for 60 Day Delinquencies Discontinuation of Service CHAPTER 6.07 RECEPTACLES Residential Receptacles Commercial Receptacles Title 6-1

2 CHAPTER 6.08 COLLECTION Collection Premises Non-Residential Premises Single-Family Units Multi-Family Units Bulky Wastes Restoration and Closure of Containers Large Events CHAPTER 6.09 REQUIREMENT OF FRANCHISE AGREEMENT FOR SOLID WASTE COLLECTION BUSINESS Franchise Required Application Hearing on Application Fees Authority to Use Streets, Public Easements, Etc Unauthorized Collection Prohibited Duties of Franchise Holder Compliance with Both Ordinance and Terms of Franchise, Contract, Permit and/or Business License Required Authority of Town to Classify Materials CHAPTER 6.10 RESPONSIBILITIES OF SOLID WASTE GENERATORS Responsibility of Property Owner Residential Collection Service Segregation of Recyclables, Yard Waste, and Solid Waste Collection from Commercial and Industrial Establishments Solid Waste and Recyclable Materials Ownership Parcel Charges Composting CHAPTER 6.11 UNLAWFUL ACTS Title 6-2

3 CHAPTER 6.12 SERVICE INTERRUPTIONS CHAPTER 6.13 DISPOSITION OF REVENUES CHAPTER 6.14 COMPLAINT PROCEDURES CHAPTER 6.15 RIGHTS RESERVED TO TOWN CHAPTER 6.16 VIOLATIONS CHAPTER 6.17 CALIFORNIA GREEN BUILDING STANDARDS CHAPTER 6.18 Reusable Bags Definitions Implementation Date Carryout Bag Regulations Exemptions Record Keeping and Inspection Enforcement Title 6-3

4 TITLE VI: HEALTH AND SANITATION CHAPTER 6.01 ENACTMENT Town of Truckee Ordinance is hereby enacted to amend Ordinance No as set forth below. Title 6-4

5 CHAPTER 6.02 INTENT Authority The Town of Truckee, pursuant to Public Resources Code (a), may determine all of the following: (a) (b) Aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services; and Whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. The authority to provide solid waste handling services may be granted under terms and conditions prescribed by the governing body of the local governmental agency by resolution or ordinance Contractual Authority Pursuant to Public Resources Code Section 49300, the Town of Truckee may contract for the collection or disposal, or both, of garbage, waste, refuse, rubbish, offal, trimmings, or other refuse matter under the terms and conditions that are prescribed by the Town Council by resolution or ordinance Findings The Town Council finds that the provision of solid waste handling services has the potential of having great impact and effect upon the residents and businesses in the Town. Because of the requirements of Integrated Waste Management Act (AB 939), Division 30, Part 1 of the Public Resources Code, the Town Council further finds that the public health, general welfare, safety, and convenience can best be served by establishing regulatory powers which should be vested in the Town or such Persons as the Town may designate. It is the intent of this Ordinance and subsequent amendments to provide for and specify the best possible solid waste management services to the public and any franchises issued pursuant to this ordinance shall be deemed to include this as an integral finding thereof. It is further the intent of this Ordinance to establish regulatory provisions that permit the Town to regulate solid waste franchises to the extent permitted by Federal and State law, including but not limited to the Federal Resource Recovery and Conservation Act and the California Integrated Waste Management Act Declarations of Policy It is hereby declared to be in the interest of the public health, sanitation, safety and welfare of all residents of the Town of Truckee, and the policy of the Town, that the accumulation, preparation, storage, collection, transportation and disposal of municipal solid waste, yard waste, and recyclable materials in the Town of Truckee be handled in a safe, sanitary, routine and efficient manner so as to maximize the reduction, reuse, recycling and composting of materials that otherwise would become municipal solid waste; to preserve and maximize landfill disposal capacity; to maintain the good condition, cleanliness and safety of town rights-of-way; to comply with state law; to prevent the harboring and breeding of rodents and insects and other pests; to reduce contamination of the environment by the unauthorized burying, burning, or putrefaction of such materials; to prevent the spread of diseases associated with unsanitary Title 6-5

6 conditions; to reduce the hazard of fire; and to prevent unsightliness and other public nuisance which may result in the depreciation of property values and otherwise interfere with the comfortable enjoyment of life within the town. It is further the policy of the Town to prefer in its procurement practices the purchase of products composed of or containing recycled materials. It is the policy of the Town to discourage all persons, including but not limited to landscaping and gardening services, from disposing of yard waste in solid waste containers/bags, and/or disposing of yard waste at a landfill, unless the yard waste is to be used as alternative daily cover. It is further the policy of the Town to encourage persons not utilizing the yard waste services provided by the collector to divert yard waste from landfill disposal by delivering yard waste to a yard waste processing facility or drop-off facility, or by engaging in composting themselves. Title 6-6

7 CHAPTER 6.03 SHORT TITLE This Ordinance shall constitute the Integrated Waste Management Ordinance of the Town of Truckee and may be referred to as such. Title 6-7

8 CHAPTER 6.04 COLLECTION SERVICE MANDATORY All persons residing, domiciled, or maintaining business or other premises in the Town of Truckee shall comply with the relevant sections of this article. Subscription to the following collection services shall be mandatory. Single-family residences shall subscribe to solid waste, recyclables and yard waste collection services; multi-family residences shall subscribe to solid waste and recycling collection services; and businesses shall subscribe to solid waste collection services regardless of occupancy or the level of solid waste generation. Title 6-8

9 CHAPTER 6.05 DEFINITIONS For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined shall be given their common and ordinary meaning AB 939 AB 939 shall mean the California Integrated Waste Management Act of 1989, codified in Public Resources Code Section et seq., as it may be amended from time to time Bulky Waste "Bulky Waste" means large items of Solid Waste such as appliances, furniture, large auto parts, and other similar waste, materials with weights and volumes greater than those allowed in waste collection bins, carts or other containers Collection Collection means the operation of gathering together and transporting to the point of disposal or processing any garbage, refuse, rubbish, solid waste, recyclable, transformable, or compostable waste materials Collection Premises Collection Premises means every improved property, including but not limited to, every Single- Family Unit and Multi-Family Unit usable for human habitation whether or not inhabited, and all commercial and industrial premises usable for business purposes Commercial Solid Waste Commercial Solid Waste includes all types of Solid Wastes generated by commercial, industrial, governmental and other non-residential sources, which have been placed in an authorized Solid Waste container used for the temporary storage of Solid Waste awaiting pickup. The term Commercial Solid Waste does not include Hazardous Substances or Medical and Special Waste Council Council means the Town Council of the Town of Truckee Franchisee Franchisee means any person that has entered into a franchise agreement with the Town to collect, remove, transport, process or dispose of solid waste or recyclable materials Franchise Fee Franchise Fee means the fee or assessment imposed by the Town on any Franchisee solely because of its status as party to a franchise agreement Hazardous Waste or Materials Hazardous Waste or Materials means any and all of the following: (a) Wastes, materials or substances defined or characterized as hazardous waste by the Federal Solid Waste Disposal Act, as amended, including the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.) as amended from time to time, regulations promulgated thereunder, or other Title 6-9

10 (b) (c) (d) (e) applicable federal law; Wastes, materials or substances defined or characterized from time to time as hazardous waste by all agencies of the State of California having jurisdiction over hazardous waste generated by facilities within the State, and pursuant to any other applicable government regulations; Wastes, materials or substances, the storage, treatment, transportation or disposal of which is subject to regulation under the Toxic Substances Control Act, 15 U.S.C , as amended from time to time, regulations promulgated thereunder, or other applicable federal law. Radioactive wastes, materials, substances or items, the storage, treatment, transportation or disposal of which is subject to governmental regulations; and Wastes, materials, substances or items which contain polycholorinated biphenyls. The term "Hazardous Waste" will be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental entities having concurrent or overlapping jurisdiction over hazardous waste Household Hazardous Waste Household Hazardous Waste means de minimis quantities of Hazardous Waste generated by households and small businesses as part of the wastestream, of the type and characteristics typically found in residential waste streams Industrial Solid Waste Industrial Solid Waste means all Solid Waste and semi-solid waste which results from industrial processes and manufacturing operations Medical Waste Medical Waste means solid waste or other materials, substances or items which may be reasonably considered infectious, pathological or biohazardous, originating from hospitals, public or private medical clinics, departments of research laboratories, pharmaceutical industries, blood banks, forensic medical departments, medical offices, mortuaries, veterinary facilities and other similar facilities, and includes, without limitation, equipment, instruments, utensils, fomites, laboratory waste (including pathological specimens and fomites attendant thereto), surgical facilities, equipment, bedding and utensils (including pathological specimens and disposal fomites attendant thereto), sharps (hypodermic needles, syringes, etc.), dialysis unit waste, chemotherapeutic waste, animal carcasses, offal and body parts, biological materials (vaccines, medicines, etc.), and other similar materials, but excluding any such waste which is determined by evidence reasonably satisfactory to the Town to have been rendered non-infectious, non-pathological and non-biohazardous Multi-Family Units Multi-Family Units mean a dwelling which includes four or more individual living units under single ownership Owner Owner shall conclusively be deemed to be the person to whom the taxes on the property are assessed as shown on the last equalized assessment roll of the County, or alternatively, from such records of the County assessor or tax collector as contain more recent information. Title 6-10

11 Occupant Occupant means any person actually occupying any premises within the territorial boundaries of the Town either as owner or tenant, by contract or otherwise, including persons or businesses occupying or using any industrial or commercial premises Recyclables or Recyclable Material Recyclables or Recyclable Material means used residential or business materials which may be returned to the economic mainstream as commodities for reuse, or for reprocessing to create new or reconstituted products, which, if not segregated from solid waste, would otherwise become solid waste consistent with the requirements of AB 939. The term Recyclables or Recyclable Material include, but are not limited to mixed paper (including newsprint, junk mail, magazines, catalogs, Kraft bags and Kraft paper, paper board, fiber based egg cartons, office ledger, phone books, brown paper grocery bags, colored paper, computer paper, construction paper, envelopes, legal pad backing, and shoe boxes), corrugated cardboard, glass containers (including brown, clear and green glass bottles and jars), aluminum beverage containers and foil, steel including tin cans, and such other materials subsequently designated as Recyclables that are reasonably marketable or designated as Recyclables by the California Resources Recovery and Recycling agency, or other agency with jurisdiction Residential Solid Waste Residential Solid Waste means all types of Solid Waste, which originate from Single-Family Units and from Multi-Family Units Single-Family Unit Single-Family Unit means a single-family dwelling, a two unit dwelling, or a three unit dwelling Solid Waste Solid Waste means, all Solid Waste as defined in Section of the California Public Resources Code, as that section may be amended from time to time, which is generated within the town. Solid Waste means all putrescible and nonputrescible solid, semisolid and liquid wastes, including residential, industrial, commercial and municipal garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, Recyclable Materials, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semi-solid wastes, but does not include Hazardous Waste, Medical Waste, and Special Waste Special Wastes Special Wastes means any designated wastes, as defined in 23 California Code of Regulations 2522, and special handling waste generated by industrial facilities or processes, but shall not include hazardous waste as defined herein. Special Wastes shall include: asbestos, sewage sludge, water treatment sludge, drilling muds, grease wastes, contaminated soils, shredder waste, agricultural wastes, filter cake/dewatered sludge, spent catalyst fines, refinery ash and byproducts; except where any such wastes are deemed to be hazardous waste Yard Waste Yard Waste means any leaves, pine needles, yard trimmings, tree limbs and dry grass (not green or wet) that is no more than four (4) feet in length and four (4) inches in diameter. Title 6-11

12 CHAPTER 6.06 FEE PAYMENT LIABILITY Fee a Civil Debt The fees levied for service for Solid Waste collection shall constitute a civil debt and liability owing to the Town and/or the Franchisee from the person using or chargeable for such services and shall be collectible in the manner provided by law Lien for 60 Day Delinquencies If the charges for collection service are, on June 30 of each year, delinquent and unpaid for a period of 60 days, such charges shall become a lien on the real property upon which the premises are located and the property owner shall be notified as follows: Pursuant to the authority of Town Ordinance No , the Town Council of the Town of Truckee will hold a public hearing on at the Town Administrative Center, to determine whether certain delinquent garbage collection service charges in the amount of $ shall be a lien against the following described property: The Council shall hold a public hearing upon the delinquent and unpaid charges and any owner, occupant or person in possession may appear and object to the charges or any portion thereof. If the Council finds and declares that such charges are true and correct, the Council may pass a resolution making such charges a lien upon the real property from which service was furnished or chargeable. The Town shall transmit a copy of the resolution containing the list of delinquent amounts and properties against which they constitute a lien to the County of Nevada Tax Assessor for inclusion in the assessment roll against the property. Upon payment of the lien amount and any costs incurred by the Town for recording the lien or any release of lien, the Town may execute and file a release of lien Discontinuation of Service The Town or the Franchisee may discontinue service for any customer whose account remains unpaid for thirty (30) days after the date of billing as long as the customer has received a notice on a form approved by the Town stating that service will be discontinued fifteen (15) days from the date of the notice if payment is not made by that time. Upon payment of the delinquent fees, collection shall resume on the next regularly scheduled collection day. Fees shall be continued to be assessed and billed notwithstanding that service has been discontinued, and notice of same shall be included in the form sent to the customer. In the event service is discontinued for nonpayment and the accumulation of trash constitutes a hazard to public health, the Town Attorney or his/her designee, or the County Health Officer may order the clean up of the accumulated trash. Title 6-12

13 CHAPTER 6.07 RECEPTACLES Residential Receptacles All residential solid waste and recyclables must be placed in suitable receptacles or containers or bagged or bundled as provided in this Ordinance. Every occupant of any premises where garbage is created in the Town shall provide upon such premises, in a suitable place, one or more suitable receptacle for receiving and holding garbage created upon such premises. A suitable receptacle is defined as a 32-gallon or less trash can, not to exceed a loaded weight of sixty (60) pounds with a tight-fitting lid, capable of completely containing all refuse stored within. In the event that a receptacle is determined to be unsuitable because it no longer adequately contains refuse and repeatedly overflows, fails to adequately prevent animal intrusion or constitutes a hazard to public health, the Town Manager, or his/her designee, may take enforcement action, up to and including, issuing an order to the property owner to replace the receptacles, or may impose an administrative penalty of up to $1000, and/or require the installation of an animal-resistant garbage can enclosure, or both. (a) (b) Occupants of single-family units who participate in the curbside residential recycling program must place all acceptable recyclable materials in blue plastic recycling bags. Customers must provide the blue bags. Occupants of single-family units who participate in the curbside residential green waste collection program must place all acceptable yard waste material in four (4) mil green plastic bags weighing no more than forty (40) pounds each. Customers must provide the green bags Commercial Receptacles Suitable receptacles for commercial establishments shall be defined as a minimum 32-gallon garbage can or safety approved dumpster, with lid, sufficient to accommodate the type and amount of refuse generated at such commercial establishment. Lids must remain closed at all times, except when refuse is being added or removed from the container. Size of container and frequency of collection shall be determined by the type and amount of refuse generated, so that collection occurs as often as good sanitary practice and applicable state and federal law require. In the event a commercial refuse container is determined to be unsuitable because it no longer adequately contains refuse and repeatedly overflows, fails to adequately prevent animal intrusion or constitutes a hazard to public health, the Town Attorney, his/her designee, or County Health Officer may order the replacement of such container No person shall deface, damage, paint, or in any way mark any trash receptacles. Customers may be charged for replacement of receptacles, which have been damage or lost due to the fault or neglect of the customer under appropriate circumstances. The Town shall determine whether a customer will be charged for the replacement. (Ord /27/2012) Title 6-13

14 CHAPTER 6.08 COLLECTION Collection Premises Collection premises within the service area shall receive service at least one time per week on a schedule approved by the Town and more often, as required, to protect the public safety, health and well-being Non-Residential Premises Frequency of collection shall be at least once per week for commercial, industrial, governmental and other non-residential establishments generating food waste. Collection for commercial, industrial, governmental and other non-residential establishments generating nonfood waste shall be either regularly scheduled or on an as-needed basis, unless as-needed collection is determined by the Town Attorney, his/her designee, or the county health officer to constitute a health hazard Single-Family Units Single-Family units shall receive solid waste collection service at curbside at least once per week Multi-Family Units Multi-Family units shall receive solid waste collection service not less often than once per week, and more frequently if required to handle the Multi-Family Unit waste stream of the premises where the containers are located, in a manner consistent with public health and safety Bulky Wastes Bulky wastes, which cannot be disposed of in authorized receptacles, may be disposed by special arrangements with any Franchisee by paying such rates as may be approved by the Town Restoration and Closure of Containers Every person who removes municipal solid waste, recyclables, yard waste or other collection containers from a trash enclosure for servicing shall return all collection containers to that enclosure after the containers have been serviced, and lids of all collection containers shall be restored to closed or covered condition Large Events Any person seeking permission to conduct a large event where the event generates solid waste such as, but not limited to, paper, beverage containers, or food shall develop a waste reduction and recycling strategy and shall file a copy of the strategy with the Town Manager or his/her designee. The waste reduction and recycling strategy shall include an estimate of the amount and types of waste anticipated from the event, proposed actions to reduce the amount of waste generation related to the event, and arrangements for separation, collection and diversion from landfills of reusable and recyclable materials. Within ten calendar days after the conclusion of the event, the applicant shall submit to the Town Manager or his/her designee a copy of all weight or cubic yardage receipts for the solid waste and for the recyclables from the receiving waste hauler, service charity, recycling center, or other such entity receiving the materials. Alternative documentation of diversion from the landfill may be acceptable if approved by the Town Manager or his/her designee at the time the strategy is filed. Title 6-14

15 CHAPTER 6.09 REQUIREMENT OF FRANCHISE AGREEMENT FOR SOLID WASTE COLLECTION BUSINESS Franchise Required No person, partnership or corporation, without having first acquired from the Council a franchise, shall collect, transport or operate a Solid Waste collection service in any area of the Town Application Upon receipt of a written application therefor, the Council, by resolution, may grant a franchise to any person, partnership or corporation to collect, transport and operate a Solid Waste collection service for a period not to exceed twenty-five years Hearing on Application Before granting a franchise under this Section, the Council shall hold a public hearing upon the application so made, at which hearing all interested persons may appear and be heard. The Council shall, by resolution, fix the time and place of such hearing, and shall cause a notice thereof to be published once a week for two successive weeks. The date of such hearing shall be not less than ten days or more than thirty days after the date of the first publication of such notice. The hearing may be continued from time to time, as the Council may deem necessary Fees The grantee of a franchise hereunder shall pay to the Town, during the term of such franchise, franchise fees in amounts as determined by the Council Authority to Use Streets, Public Easements, Etc Any solid waste collection franchise holder shall have the right to use all public streets, highways, alleys, public properties or public easements in the Town Unauthorized Collection Prohibited No person or entity, other than a franchisee shall remove, collect, transport, or otherwise handle solid waste except as specifically authorized by this chapter. A grantee holding a current, valid, franchise from the Town may bring a civil action to enforce this provision in its own name and without regard to any action taken by the Town Duties of Franchise Holder Every solid waste collection franchise under this chapter shall: (a) (b) (c) (d) Develop and maintain a solid waste collection service within the franchise area. Maintain a regular pick-up schedule for all populated areas within the franchise grant where economically practical. Have the use of a private solid waste transfer or disposal facility. Comply with all applicable state and county standards for solid waste collection activities and operations Compliance with Both Ordinance and Terms of Franchise, Contract, Permit and/or Business License Required. Any person providing any service, function or activity governed by this chapter who has obtained a license or permit from, or entered into a contract or franchise agreement with, the Town shall fully comply with the terms of such franchise agreement, contract, license or permit Title 6-15

16 as well as with the provisions of this chapter. Nothing contained in, or absent from, the provisions of this chapter shall relieve any such person of any obligation contained in such franchise agreement, contract, license or permit, nor shall the fact of such franchise agreement, contract, license or permit in any way relieve such person from the obligation to comply with this chapter and other applicable Town law Authority of Town to Classify Materials The Town shall have the authority and discretion to designate from time to time the materials or types of materials that shall be classified and collected as municipal solid waste, recyclables and yard waste, respectively, if it determines that such designation or re-designation is in the public interest, including but not limited to a determination that such designation or redesignation would be prudent in light of changes in methods, technology and/or markets for materials recovery. Title 6-16

17 CHAPTER 6.10 RESPONSIBILITIES OF SOLID WASTE GENERATORS Responsibility of Property Owner The owner of any property, including any residence, commercial establishment, institution, or industrial establishment, vacant or occupied, shall be responsible for the satisfactory storage and removal of all solid waste accumulated on that property. In those instances where a person rents or leases to another, the property owner or his agent shall be ultimately responsible for solid waste generated or stored on those premises should said waste remain on the premises during or beyond the tenant s term. Excepting disruptions in normal solid waste collection schedules, non-recyclable wastes shall not be allowed to remain on the premises for more than seven (7) days, to prevent propagation, harborage, or attraction of flies, rodents or other vectors, and the creation of nuisances. For purposes of this section, disruptions in normal solid waste collection schedules shall be limited to where: (a) (b) (c) Disruptions are due to strikes; or Severe weather conditions or acts of God make collection impossible using normal collection equipment; or Official holidays interrupt a normal seven-day collection cycle in which case collection may be postponed until the next working day. Recyclable materials separated from non-recyclable wastes may be stored on the premises for longer than seven (7) days provided that the recyclable materials are cleaned and/or stored in a manner that prevents propagation/harborage, or attraction of flies, rodents or other vectors, or the creation of nuisances or fire hazards. Receptacles for residential solid waste shall be placed at ground level in a manner suitable for collection at curbside and shall be placed no earlier than 5 a.m. on the designated collection day, or within an animal-resistant garbage can enclosure installed on private property, outside of the public right-of-way, but no further than 28 feet from the edge of the Town maintained roadway. In no case shall receptacles or enclosures be placed in such a manner as to constitute a public hazard or nuisance. Unless special arrangements are made to accommodate those customers unable to place their receptacles, bags and bundles at curbside, no collection shall take place. Blue bags shall be placed separate from the garbage, but next to the refuse container on the normal day of service. Blue bags must be tied and should not contain any materials other than designated recyclables and, when properly used, shall not be calculated as extra refuse, which is subject to a charge. The list of designated recyclables to be collected in the blue bag shall be specified by the Town and the Franchisee, and may be modified from time to time. Green bags shall be placed separate from the garbage, but next to the refuse container on the normal day of service. Green bags must be tied, weighing no more than forty (40) pounds each and contain designated yard waste materials and, when properly used, shall not be calculated as extra refuse, which is subject to a charge Residential Collection Service Segregation of Recyclables, Yard Waste, and Solid Waste Single-family solid waste, recyclables, and yard waste set out for collection by the collector should be segregated by the residential customer and set out for collection in the appropriate Title 6-17

18 containers and/or bags approved by the collector for each respective material. The collector may refuse to collect single-family dwelling containers of solid waste, recyclables and/or yard waste which contain improperly disposed of materials, and in that event shall notify the customer of the reason for non-collection Collection from Commercial and Industrial Establishments Every commercial and industrial business shall enter into an agreement with the Franchisee for the removal and transportation of solid waste at the collection level appropriate for the type and size of business undertaken. Payment for such service shall be made directly to the Franchisee Solid Waste and Recyclable Materials Ownership (a) Except as provided hereinabove, all solid wastes and recyclable materials are the property of the person generating them until: (i) The solid wastes and/or recyclable materials are legally disposed in an authorized disposal site. No person engaged in the business of recyclables collection within the Town shall dispose of such materials at a landfill; or (ii) The solid wastes and/or recyclable materials are legally deposited at an authorized transfer station, processing facility, buy back center or drop off recycling center; or (iii) The solid wastes and/or recyclable materials are picked up by a Franchisee authorized by the Town. (b) Solid wastes and recyclable materials legally placed for disposal and/or processing become the property and responsibility of the Franchisee upon receipt of the solid waste or material. (c) No person shall remove solid wastes and/or recyclable materials placed for collection other than the person generating or responsible for the waste or by the Franchisee Parcel Charges Each single-family unit shall pay a parcel charge assessed for each fiscal year as determined and set by the Town according to applicable law Composting Waste organic matter may be composted provided that the composting: (a) Occurs at a solid waste facility operating pursuant to a permit issued pursuant to Division 30 of the California Public Resources Code or occurs on the premises where the waste organic matter was generated; (b) Is conducted in accordance with accepted composting practices; (c) Is conducted in accordance with applicable federal, state and local laws and regulations; (d) Does not generate offensive odors or provide a source of food or harborage for vermin; and (e) Does not create a public or private nuisance. Any individual generator may choose to compost their own organic material in compliance with this section without reliance on the Franchisee. (Ord /27/2012) Title 6-18

19 CHAPTER 6.11 UNLAWFUL ACTS Except as authorized by this chapter or other Town ordinance or regulation: No person shall deposit or permit to be deposited on, over, or along, any public road, highway, right of way or public or private property within the boundaries of the Town any solid waste or litter except in containers or in areas lawfully provided for or permitted for that use The existence or accumulation, without the authority of the Town, of solid waste, litter, trash, scrap materials, junk parts, garbage or refuse of any kind upon private property shall be prohibited. It shall be unlawful to allow accumulations of wastepaper, litter or combustible or flammable waste materials or rubbish of any kind to remain in any court, yard, vacant lot, or open space It shall be unlawful for any owner, manager, or employee of a commercial establishment or institution to deposit solid waste from the establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians No person shall dump, deposit, or otherwise dispose of any hazardous or medical waste onto land, into soil, rock, air, or water or at unauthorized disposal sites, transfer stations, resource recovery facilities, transformation facilities, buy back centers, drop off recycling centers, or any container to be collected and ultimately deposited, unless otherwise approved in advance and in writing by the Town No person shall burn or incinerate solid waste except as permitted by the Truckee Fire Department or other agencies having jurisdiction No person shall tamper with, modify, remove from, or deposit solid waste or recyclable materials in any container which has not been provided for his/her use, without the permission of the container owner No person shall store or accumulate any solid waste, nor permit the storage or accumulation of any solid waste within or upon any property or place owned, leased or rented by such person or in such person's possession or control No person shall place any solid waste in or upon any premises in the Town other than the premises where such solid waste is generated No person shall permit any premises owned, leased or rented by such person or in such person's possession or control to be used for the storage or accumulation of any solid waste other than solid waste generated on such premises. Title 6-19

20 No person shall place any solid waste on or in any public place or public property including without limitation any street, way, sidewalk, gutter, stream or creek or the banks thereof No person shall dispose of any solid waste, nor permit the disposal of any solid waste, on any premises owned, leased or rented by such person or in such person's possession or control No person shall sort, separate or segregate any solid waste of any kind within or upon any public street or place, unless so authorized by the Town, and then only in the manner, place and time and subject to such restrictions as may be imposed by the Town No person shall place solid waste upon the land of another, or in a residential or commercial solid waste receptacle of another, or upon premises other than those from which the solid waste originated, for the purpose of making solid waste available for collection and disposal No person shall, other than the owner or the Franchisee, tamper with, modify, or deposit wastes into recyclable materials that have been segregated from non-recyclable wastes and placed at a designated collection location for the purpose of collection and recycling. Unless otherwise provided by applicable law, all recyclable materials, which are segregated from non-recyclable wastes for the purpose of recycling, and placed at a designated collection location, may not be removed by anyone other than the Franchisee Any and all garbage generated within or upon any premises in the Town shall be placed without delay in garbage containers authorized by this chapter, shall be stored in such containers on the premises where generated until disposed of in accordance with the provisions of this chapter No person shall keep or accumulate, or permit to be kept or accumulated, any solid waste in or upon any premises or place in the Town owned, leased or rented by such person or in such person's possession or control, in such manner that: (a) Creates a fire hazard dangerous to persons or property; (b) Becomes unreasonably offensive or dangerous to the public peace, health or safety; (c) Promotes the propagation, harborage or attraction of vectors; (d) Becomes a public or private nuisance; or (e) Is a toxic or otherwise contaminated liquid (a) (b) No person shall collect or transport any solid waste within or upon any public streets in the Town, or anywhere in the Town, except in leakproof containers or vehicles so constructed that no solid waste can leak, fall, or be blown from such container or vehicle. Vehicles or containers used to collect or transport garbage, rubbish, or other refuse shall be kept completely covered or screened at all times except when solid waste is being actually loaded or unloaded and except when the vehicles are moving along a collection route in the course of collection. Title 6-20

21 (c) (d) (e) (f) Vehicles used to collect or transport garbage, rubbish, or other refuse shall be labeled with the company's name and telephone number and a unique vehicle number in letters and numbers not less than four inches high painted or stenciled on the vehicle in a location that is clearly visible to the public. Vehicles used to collect or transport garbage, rubbish, cannery waste, stable matter or swill shall be maintained in such manner as to meet or exceed vehicle emission standards promulgated by the State of California. Collection and transportation of any solid waste shall be so conducted that no solid waste will spill out of the collecting or transporting container or vehicle. Any person collecting or transporting any solid waste shall immediately pick up all solid waste which spills or is blown from the collecting or transporting container or vehicle, and shall otherwise clean the place onto which any such solid waste was spilled or blown. No person shall transport or permit to be transported into the Town any solid waste of any kind generated or accumulated outside the Town, for the purpose of storing or disposing of it in the Town, and no person shall store or dispose of any solid waste transported or brought into the Town from outside the Town, except as follows: (i) Solid waste may be transported directly to a solid waste disposal facility for final deposition at such facility site. (ii) Solid waste may be transported directly to a solid waste transfer/processing station for the following purposes: (A) Transfer of the solid waste directly from smaller to larger vehicles for transport; or (B) Temporary storage, separation or other processing of the materials in the solid waste No person shall interfere with or obstruct the authorized activities of a solid waste collector, authorized recycling collector, in the collection, transportation or disposal of solid waste The location, design and development of trash enclosures shall conform to all applicable regulations for such uses set forth in the Town Development Code. Title 6-21

22 CHAPTER 6.12 SERVICE INTERRUPTIONS The Town will exercise reasonable diligence to provide continuous and adequate service to residents and to avoid any interruption in service, but cannot guarantee complete freedom from interruption. The Town shall have the right to suspend service temporarily or adjust collection schedules. The Town shall not be liable for interruption, insufficiency of service or any loss or damage occasioned thereby. Title 6-22

23 CHAPTER 6.13 DISPOSITION OF REVENUES The Town and any Franchisee shall keep an accurate accounting and records showing the source, amount, and disposition of all funds received by the Town under this Ordinance. Title 6-23

24 CHAPTER 6.14 COMPLAINT PROCEDURES The Town shall approve and adopt a complaint procedure whereby customers may file complaints regarding service or any other matter arising out of the services provided under this Ordinance. Title 6-24

25 CHAPTER 6.15 RIGHTS RESERVED TO TOWN In addition to all other rights reserved to the Town under this part, the following shall apply: (a) (b) (c) (d) There is hereby reserved to the Town every right and power, and the exercise thereof, which is reserved or authorized by any provision of any lawful ordinance or resolution of the Town, whether enacted before or after the effective date of this part. Neither the granting of any franchise nor any provision of any franchise shall constitute a waiver of or a bar to the exercise of any governmental right or power of the Town. The grantee shall have no recourse whatsoever against the Town, its officers, employees or agents for any loss, cost, expense or damage arising out of any provision or requirement of this part or of any franchise issued under this part or because of the enforcement of this part. Where not expressly precluded by the provisions of a current, valid franchise agreement, there is hereby expressly reserved to the Town the power and authority to (i) amend any section of this part so as to require additional or greater standards on the part of the grantee; (ii) the power and authority to increase the franchise fees to be paid by the grantee pursuant to Section ; and (iii) enact rules and regulations for the implementation, enforcement, and interpretation of this ordinance and any franchise agreement related thereto as approved by the Town Council from time to time. Title 6-25

26 CHAPTER 6.16 VIOLATIONS (a) (b) (c) Any person who violates any of the requirements of this Chapter is subject to the penalties and punishment as set forth in Chapter 1.02 of this Municipal Code or any successor section thereto. Whenever necessary to make an inspection of any building, structure or premises for the enforcement of this chapter, or whenever the Town Manager has cause to believe that there exists any condition which endangers the public health, the Town Manager or his/her designee is authorized to enter such building, structure or premises at all reasonable times to inspect the same and to exercise any power or authority or to perform any duty imposed under this chapter. The right of entry authorized by this section shall be subject to the following requirements: (i) If the building, structure or premises is occupied, the Town Manager or his/her designee shall first present proper credentials, explain the purpose for which entrance is desired, and demand entry. In all cases entry shall be permitted to areas open to the public generally; (ii) If such property is unoccupied, a reasonable effort to locate the owner or other persons having charge or control of the property shall be made to present proper credentials, explain the purpose for which entrance is desired, and demand entry; and (iii) If entrance is required to the property, or the owner or other person having charge or control of the property cannot be located, judicial authority to enter shall be obtained. Title 6-26

27 CHAPTER 6.17 CALIFORNIA GREEN BUILDING STANDARDS Notwithstanding any other provision to the contrary, a building permit applicant that documents the completion of a construction waste management plan in accordance with the California Green Building Standards Code shall be deemed in compliance with the provisions of this part. (ORD ; ) Title 6-27

28 CHAPTER 6.18 REUSABLE BAGS Definitions For the purpose of this chapter, the following definitions shall apply to the capitalized terms unless the context clearly indicates or requires a different meaning. Customer means any person obtaining goods from a retail establishment. Post-Consumer Recycled Content means material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Post- Consumer Recycled Content does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process. Prepared Food means foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. Prepared food does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed, or mixed. "Recycled Content Paper Bag" means a paper bag provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old growth fiber and a minimum of forty percent post-consumer recycled content and is one hundred percent recyclable. "Retail Establishment" means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer; and is located within or doing business within the geographical limits of the Town of Truckee. Retail establishment does not include a restaurant, take-out food establishment, or any other business that receives 90% or more of its revenue from the sale of Prepared Food to be eaten on or off its premises. "Reusable Bag" means either a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse. "Single-Use Carryout Bag" means a bag with handles, other than a reusable bag, provided at the check stand, cash register, point of sale or other point of departure, including departments within a store, for the purpose of transporting food or merchandise out of the establishment. Single-use carryout bags do not include bags which form part of a product s packaging or bags without handles provided to the customer, including but not limited to bags provided: (1) to transport prepared food, produce, bulk items such as loose beads or small hardware items, bulk food or meat from a department within a store to the point of sale (2) to protect large format artwork, tires or dry-cleaning; (3) to hold prescription medication dispensed from a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Cal. Business and Professions Code; or (4) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag Implementation Date This chapter shall take effect June 1, Title 6-28