§ 8-84. Source reduction and recycling

(a) This section is enacted for the purpose of compliance with the California Integrated Waste Management Act of 1989 in accordance with California Public Resources Code Sections 40000 et seq. ("Act"). The city has adopted a source reduction and recycling element and household hazardous waste element pursuant to said Act which provides for the imposition and collection of charges to fund the preparation, adoption and implementation of said elements. Such charges shall be determined, fixed and established by the city council by resolution. Such charges may be changed by the city council from time to time by resolution.

(b) A permittee, as a condition of the permit, shall comply with the following source reduction and recycling requirements:

(1) The permittee shall take all necessary steps to cause the industrial, commercial, multifamily residential units, and residential units who produce solid waste subject to the permit and the Act to divert solid waste as required by California Public Resources Code Section 41870 through source reduction, recycling and composting.

(2) The permittee shall provide and implement a source reducing and recycling plan for its customers to comply with the programs specified in the city source reduction and recycling element, and submit quarterly reports to the public services department summarizing its progress in diverting solid waste generated by its customers in the city as required by California Public Resources Code Section 41870 and 41821. The quarterly reports must identify the tonnage collected, tonnage recycled, tonnage composted, percentage of waste recycled and/or composted, materials recycled, and the progress and programs implemented during the reporting period.

(3) As a permittee of the city, the permittee shall be an authorized recycling agent of the city and shall become the owner of all solid waste and recyclable materials, and hazardous waste and infectious waste collected pursuant to the permit. The permittee is solely responsible for arranging for the collection, transportation, recycling, and disposal of all solid waste, hazardous waste or infectious waste collected pursuant to the permit. The recyclables become the property of the permittee once placed in the collection bin.

(4) The permittee shall collect a source reduction and recycling fee as imposed by resolution of the city council pursuant to the California Public Resources Code Section 41902 and this section.

(c) Failure of the permittee to comply with the provisions of this section shall subject the permittee to civil penalties as determined and approved by city council pursuant to California Public Resources Code Section 41954.

(d) Notwithstanding the provisions of section 8-83, a person or entity owning or occupying an industrial, commercial, multifamily residential, or residential unit shall be permitted to create and use compost, as defined in California Public Resources Code Section 40116, on the private or public property that such person or entity owns or occupies.

(e) The requirements of this section shall apply to the solid waste handling services provided by the solid waste enterprise under contract with the CMSD.

(Ord. No. 92-31, § 2, 1-18-93; Ord. No. 04-12, § 1(H), 11-15-04 )