Adopted on November 18, 2023 - Ordinance No. 2023-04
Chapter 5.01: ADMINISTRATIVE PROVISIONS
5.01.100 Purpose
The purpose of this Code is to implement the provisions of Article 9, Chapter 1, Part 5, Divisions 12 of the Water Code of the State of California (Sections 31135 et seq.) authorizing the District to acquire, construct, and operate facilities for, or to contract with others for, the collection and disposal of solid waste, including garbage, waste, and trash, organics, recyclables, and construction and demolition debris, of the District and its inhabitants; and further, to regulate sanitation services and to regulate the placement of disposal of waste materials in order to prevent the contamination or pollution of the surface waters of the District.
5.01.200 Title, Citation and Reference
This Code shall be known as the “Solid Waste Code of Stinson Beach County Water District,” may be cited as “Solid Waste Regulations” and will be referred to herein as “this Code.”
5.01.300 Scope
This Code establish the terms and conditions for the accumulation, collections, and disposition of solid waste within the service area of the Stinson Beach County Water District.
5.01.400 Exemptions
This Code shall not be applicable to the Government of the United States, State of California, or any instrumentality or political subdivision thereof.
5.01.500 Penalties
Any person violating any of the provisions of this Code shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the County Jail for not exceeding 30 days, or by a fine not exceeding three hundred ($300.00) dollars, or by both such fine and imprisonment.
Any person violating any of the provisions of California Code of Regulations Title 14, Division 7, Chapter 12 (“SB 1383 Regulations”) will be subject to an administrative penalty as set forth in 14 California Code of Regulations section 18997.2.
5.01.600 Citations
Administrative citations may be issued by the District, the Marin County Sheriff’s Department, the District’s Franchised Solid Waste Hauler, or another entity authorized by the District. Each day of a violation constitutes a separate offense. Any violation or threatened violation of a regulation of this Code may also be enjoined by civil suit.
5.01.700 Severability
If any section, subsection, paragraph, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such invalidity or constitutionality of the remaining portions of this Code, it being hereby expressly declared that this Code and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more other section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.
Chapter 5.05: DEFINITIONS
5.05.100 General
As used in this Code, unless a different meaning is apparent from the context or specified elsewhere in this Code, the following terms shall have the following meanings.
5.05.110 Composting
Means the controlled biological decomposition of organic waste.
5.05.115 Construction and Demolition Debris or C&D
Means materials resulting from construction, renovation, remodeling, repair, or demolition of any building, structure, pavement or other improvement, including concrete, brick, bituminous concrete, rubble, wood and masonry, composition roofing and roofing paper, steel, and other metals such as copper.
5.05.120 Container
Means any Cart, Bin or Debris Box provided by the District’s Franchise Solid Waste Hauler.
5.05.125 Organics
Means wastes comprising material originated from living organisms and their metabolic waste products, including Food Waste, Green Waste, clean unpainted/untreated wood (with no nails, wire, etc.), paper products, and printing and writing paper, but excluding textiles and carpets, manure, biosolids, digestate, sludges, non-compostable paper, Construction & Demolition Debris, and Excluded Waste. No material shall be considered Organics unless it has been segregated by the customer for separate collection. Each item of Organics must be less than or equal to three feet (3’) in its longest dimension and six inches (6”) in diameter, and must fit in the Container utilized by the customer.
5.05.130 Person
Includes natural person, corporation, company, firm, association, organization, or combination acting as a unit, and officer, agent, employee and servant of any of the foregoing.
5.05.135 Recyclables or Recyclable Materials
Means Source-Separated discarded materials that are capable of being Recycled. Recyclables includes, but is not limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office/computer paper, magazines, junk mail, catalogs, brown paper bags, paper egg cartons, telephone books, shoe boxes, cereal and other similar food boxes); corrugated cardboard; glass containers; aluminum (including food/beverage containers and foil); scrap metal weighing less than ten (10) pounds (without cords or chains and fitting into the container); steel, tin or bi-metal cans; and plastic containers (#1, #2 and #5). Recyclables does not include Organics or C&D. To be considered Recyclables, paper, cardboard and other fiber items must be dry and not soiled with food or liquid.
5.05.140 SB 1383 Regulations
Means the Short-lived Climate Pollutants (SLCP): Organic Waste Reductions regulations adopted by the California Department of Resources Recycling and Recovery (“CalRecycle”) in 2020.
5.05.145 Solid Waste
Has the same meaning as defined in Section 40191 of the California Public Resources Code. Solid Waste includes materials that would be Recyclables or Organics, but for the fact that such materials have not been Source-Separated
5.05.150 Source-Separated
Means segregated from Solid Waste by the generator for purposes of Recycling, Composting, reuse, or other diversion from landfill disposal.
Chapter 5.10: STORAGE AND HANDLING
5.10.100 Uncovered Solid Waste
It shall be unlawful to place or permit to remain within the District, any solid waste or any other material subject to decay other than organic waste, except that such material be placed in a designated covered container.
5.10.200 Windblown Solid Waste
It shall be unlawful to cause or permit to accumulate any dust, ashes, or solid waste that can be blown away by the wind, except in a designated covered container.
5.10.300 Deposits in Streets
It shall be unlawful to deposit, or permit to fall, from any vehicle, or otherwise, any solid waste or ashes on any public street or alley. Nothing contained in this Section shall be construed to prohibit placing solid waste or ashes in a designated container preparatory to having such material collected for disposal in the manner provided herein. Upon discovery of any unlawful deposit in street, the District will provide 72-hour written notice to adjacent property before referring the matter for citation, pursuant to Section 5.01.600.
5.10.400 Disposal
It shall be unlawful to dispose of any solid waste or ashes anywhere within the District except organics by composting, except in an incinerator, or disposal device, properly constructed an operated in accordance with law, or in a lawfully established dump. Any material not disposed of as aforesaid shall be placed in containers for collection except as provided in Sections 5.10.100 and 5.10.200
5.10.500 Use of Public Solid Waste Containers
It shall be unlawful for any person to place or cause to be placed in any solid waste receptacle owned, maintained, or designated by the Stinson Beach County Water District or the County of Marin and located upon any public street, public beach or public place within the District any solid waste originating within or upon any private property. Provided, however, that pedestrians or other persons using the said street or public place shall be permitted to deposit in said receptacle solid waste not accumulated on private property.
5.10.600 Accumulation of Solid Waste
No person, owner, agent, or occupant of any premises, whether vacant or improved, shall allow any accumulation of solid waste to remain thereon for longer than 16 days, or any accumulation of solid waste for more than 30 days, nor for any period of time if the same is found by the County Health Officer or the District to constitute a nuisance.
It shall be unlawful for any owner of property to allow solid waste to be accumulated thereon in violation of the preceding paragraph, and upon 72 hours written notice to the owner of the premises where such solid waste is accumulated by a representative of this District or the Health Officer of the County of Marin, entry may be made on the premises and such accumulated solid waste may be removed by the District or its designee, and the cost of such removal is established by the Board of Directors, shall be paid by the owner of the premises.
Chapter 5.15: COLLECTION
5.15.100 Mandatory Collection
It shall be mandatory for the owner, occupant or both of any business place, private dwelling or residence to contract with the District’s exclusive franchisee for collection of solid waste.
5.15.200 Collection by Intervals
All solid waste accumulated at any business place, private dwelling or residence shall be collected at regular intervals, weekly.
5.15.300 Collection by Franchisee
The aforesaid required collection shall be by District’s franchisee. Collection and the cost of collection of such solid waste shall be the responsibility of the owner, occupant, or both of any occupied premises.
5.15.400 Collection by Others
It shall be unlawful for any person to collect or carry solid waste of others upon the public streets within this District without first having secured a franchise from this District.
However, nothing herein shall prevent an occupant or owner of any business place, private dwelling or residence, from lawfully collecting and hauling solid waste accumulated on his premises. It shall be unlawful for other than the owner or occupant of the premises on which said solid waste is accumulated or District’s franchisee to remove the solid waste of another.
Chapter 5.20: FRANCHISE
5.20.100 Criteria for Award of Franchise
The criteria upon which the franchise will be awarded will be the cost of service to the community and the extent of such service.
5.20.200 Franchise Confers Exclusive Rights
An award of such franchise shall confer upon the franchisee the exclusive right during the term of the franchise to collect, transport and dispose of all solid waste produced or accumulated within the Stinson Beach County Water District, subject only to such exceptions as are specifically set forth in this ordinance.
5.20.300 SB 1323 Compliance
All SB 1323 compliance shall be delegated through the contract to the franchisee and/or another designated entity.
5.20.400 Contract
The contract, as provided for in Section 5.20.100, will be maintained in the District’s Office. To the extent there is a conflict between the contract and the provisions this Code, the more stringent requirements will apply.