ORDINANCE 1584ORDINANCE NO. 1584
AN ORDINANCE AMENDING TITLE 5, CHAPTER 2 OF THE EL
SEGUNDO MUNICIPAL CODE TO ESTABLISH COMPREHENSIVE
REGULATIONS REGARDING SOLID WASTE MANAGEMENT AND
ESTABLISHING A PERMIT PROCESS FOR, AND REGULATIONS
GOVERNING, PROVIDERS OF SOLID WASTE COLLECTION AND
TRANSPORTATION SERVICES TO COMMERCIAL PREMISES AND
MULTI -FAMILY DWELLINGS
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1: The City Council finds and determines as follows:
A. The storage, accumulation, collection and disposal of solid waste is a
matter of great public concern in that the failure to properly control solid
waste can create a public nuisance, lead to air pollution, fire hazards,
illegal dumping, insect breeding and vermin infestation, and other
problems adversely affecting the public health, safety and general welfare.
B. Comprehensive solid waste management is required for the City to comply
with minimum diversion and other requirements of the California
Integrated Waste Management Act.
C. Landfill gas is generated by the anaerobic decomposition of organic
materials such as food, paper, wood, and green material. Fifty percent of
landfill gas is methane, a GHG with a much shorter life, but much higher
global warming potential than CO2 (methane is approximately 25 times
more efficient at trapping heat than carbon dioxide over a 100 -year time
span).
D. Even with advanced methane landfill control systems, however, significant
amounts of methane from landfills continue to escape into the
atmosphere. According to the Air Resources Board's updated Scoping
Plan, approximately eight million tons of CO2 equivalent are released
annually by landfills. That number is expected to increase to 8.5 million
tons of CO2 equivalent by 2020.
E. Recycling organics provides significant GHG emission reductions over
landfilling. Composting and other organic processing technologies,
including anaerobic digestion, reduce GHG emissions by avoiding the
emissions that would be generated by the material's decomposition in a
landfill. In the case of anaerobic digestion, the process produces methane
from the organics in a controlled environment for use as a renewable fuel,
and results in climate benefits by both reducing GHGs from landfills, and
displacing fossil fuels.
F. Recyclable organics accounts for about 40 percent of the material
Californians dispose in landfills annually. Recycling organics can save
businesses money by reducing disposal costs while supporting green jobs
in the community.
G. AB 1826 (2014) imposes statewide organic recycling requirements that
will help the State meet its goal to recycle 75 percent 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 food -soiled paper. Multi-
family complexes (defined under the State law as a residential dwelling of
five units or more) must arrange for recycling services for the same
material with the exception of food waste and food -soiled paper.
H. A recyclable materials and organics collection and processing program is
necessary for the City to achieve the diversion goals mandated by the
Integrated Waste Management Act and the failure to comply with the
statutory mandate exposes the City and its residents to substantial fines
and additional costs. Source separation and the orderly collection of solid
waste, recyclable materials, and organics is the most desirable and
effective means of achieving these goals.
1. The City is committed to achieving diversion levels that exceed those
prescribed by law. Mandatory residential and commercial recycling
programs in other cities and counties in California, similar to the one
implemented by this chapter, have proven successful in increasing the
rates of diversion of solid waste from landfill.
The EI Segundo Municipal Code does not currently contain permitting or
regulatory requirements for solid waste haulers that service commercial
premises and multi -family dwellings of more than two units. Approximately
24 businesses are currently providing such services in the City.
K. On January 24, 2019, the Department of Resources Recycling and
Recovery (CalRecycle) issued a Compliance Order on the City due to
inadequately implementing its Source Reduction and Recycling Element
and California's Mandatory Commercial Recycling Law. CalRecycle noted
program "gaps" related to the commercial solid waste and recycling
program, which is designed to keep solid waste from businesses out of the
landfills. These included providing sufficiently detailed reports to show all
reasonable and feasible efforts are being made to properly implement the
program, and ensure monitoring, identification, and education/outreach
ORDINANCE NO. 1584
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activities are occurring in compliance with the Mandatory Commercial
Recycling program.
L. It is in the public interest to establish a permitting and regulatory scheme
for commercial and multi -family residential properties that will ensure the
City can meet or exceed its obligations mandated by CalRecycle and
State law.
M. This ordinance would establish a permitting and regulatory scheme for
commercial and multi -family residential properties that will both help the
City meet its obligations under the Compliance Order and advance the
goals and purposes of all existing solid waste and recycling State
regulations and AB 1826's organics recycling mandates.
SECTION 2: Chapter 2 of Title 5 of the EI Segundo Municipal Code is amended in its
entirety to read as follows:
"Chapter 2
SOLID WASTE MANAGEMENT
5-2-1: DEFINITIONS
5-2-2: EXCLUSIVE RIGHTS OF CITY; CITY RESPONSIBILITY
5-2-3: SOLID WASTE COLLECTION; COLLECTION AND
PROCESSING OF ORGANICS AND RECYCLABLES--
RESIDENTIAL
5-2-4: COLLECTION CARTS
5-2-5: COLLECTION BY FRANCHISEE
5-2-6: UNLAWFUL COLLECTION
5-2-7: CHARGES FOR SERVICE
5-2-8: BILLING AND PENALTIES
5-2-9: FAILURE TO PAY
5-2-10: SELF -HAULING
5-2-11: PLACEMENT IN CITY WASTE CONTAINERS PROHIBITED
5-2-12: BURNING VEGETATION
5-2-13: RECYCLING OF ORGANICS
5-2-14: SOLID WASTE COLLECTION; COLLECTION AND
PROCESSING OF ORGANICS AND RECYCLABLES—
COMMERCIAL AND MULTI -FAMILY
5-2-15: COMMERCIAL AND MULTIFAMILY SOLID WASTE
COLLECTION AND TRANSPORTATION SERVICES
5-2-1: DEFINITIONS
For the purposes of this chapter, the following words and phrases are
defined and shall be construed as hereinafter set out, unless it is apparent
ORDINANCE NO. 1584
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from the context that they have a different meaning:
BUSINESS: A commercial or public entity, including, but not limited to, a
firm, partnership, proprietorship, joint stock company, corporation, or
association that is organized as a for profit or nonprofit entity.
CIVIC WASTE: All types of solid waste, recyclables and organics
generated by the City, including: solid waste, recyclables, and organics
placed in receptacles located in public areas, including but not limited to
City public parks, parking lots, and right-of-ways, for collection of waste
generated by the public; solid waste, recyclables and organics generated
at City -owned facilities including but not limited to City Hall, the City Yard,
fire stations, police station, library, recreation centers, etc.; and solid
waste, recyclables and organics generated at City events.
COMMERCIAL PREMISES: Any commercial, industrial, or office
enterprise that generates solid waste, green waste, organics, or recyclable
materials. Commercial premises does not include civic waste or any State
run school system.
ORGANICS: Food waste, green waste, landscape and pruning waste,
nonhazardous wood waste, and food soiled paper waste that is mixed in
with food waste.
RECYCLABLES: Material that can be reused or processed into a form
suitable for reuse through reprocessing or remanufacture and includes
paper, newsprint, printed matter, pasteboard, paper containers,
cardboard, glass, aluminum, PET and other plastics, beverage containers,
compostable materials, phone books, used motor oil and such other
materials designated by the Public Works Director, or designated as
recyclables by the California Department of Resources Recycling and
Recovery (CalRecycle), or other agency with jurisdiction.
SOLID WASTE: All solid waste as defined in Public Resources Code
section 40191 as may be amended from time to time.
PUBLIC WORKS DIRECTOR: Public Works Director or his/her designee.
5-2-2: EXCLUSIVE RIGHTS OF CITY; CITY RESPONSIBILITY
The City maintains exclusive authority to manage and regulate solid
waste, including but not limited to regulations regarding the storage,
collection, transportation, processing and disposal of solid waste. Such
authority includes the right to determine the methods by which such
regulation occurs, for example, through contract, permit, franchise, or
another method. The City may enter into exclusive or non-exclusive
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contracts or franchises for the collection and transportation of solid waste
including recyclables and organics. No person, entity, organization or firm
is authorized to collect such solid waste, organics or recyclables without
authorization or permission from the City.
5-2-3: SOLID WASTE COLLECTION; COLLECTION AND
PROCESSING OF ORGANICS AND RECYCLABLES—
RESIDENTIAL
A. Mandatory Arrangements for Collection and Removal. The owner or
occupant of each residential premises is required to contract with the
City's franchisee for removal of all solid waste, organics, and
recyclables accumulated on such premises and must pay for such
removal at the rates established by the City Council. In the event the
owner elects to have the occupant of its premises take responsibility
for contracting with the franchisee for collection service and the
occupant fails to make arrangements for collection or fails to pay for
collection services provided by the franchisee, the responsibility to
contract and pay for collection services shall become the owner's
responsibility. No owner or occupant of a residential premises shall
employ another, other than the franchisee, to collect solid waste,
organics or recyclables generated on the residential premises. For
purposes of this section, "residential premises" refers to one- and two-
family dwelling units. If a property contains both commercial and
residential premises, the owner or occupant of the residential
component of the premises must independently contract with the
franchisee for the collection and removal of solid waste, organics, and
recyclables in accordance with this chapter.
B. Exceptions. An exception to the mandatory requirement of
subparagraph A can be granted if the owner or occupant meets one of
the following criteria:
The owner or occupant of the residential premises obtains a self -
haul permit in accordance with this chapter and continually
remains in compliance with its terms and conditions.
2. The owner or occupant demonstrates to the satisfaction of the
Public Works Director or his/her designee that no solid waste of
any kind is being generated on the premises. The occupant must
consent to an on-site inspection of the premises by the Public
Works Director in order to verify that no solid waste of any kind is
being generated. If the circumstances that allowed the exception
should change, the owner or occupant must immediately initiate
regular solid waste, organics, and recyclables collection in
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accordance with this section. The Public Works Director may
require reauthorization of the exception periodically.
C. Nothing in this chapter limits the right of any owner or occupant of a
residential premises to compost green waste or to donate or sell
recyclables generated in or on their residential premises or to
transport those recyclables to a recycling facility. A self -haul permit is
not required for a generator to transport his or her recyclables to a
recycling facility.
D. Ownership of Materials. Upon the placement of solid waste, organics
or recyclables in a container for collection by the franchisee at the
collection point, said materials become the property of franchisee.
E. Unlawful Disposal and Collection of Solid Waste, Organics or
Recyclables.
No person may deposit solid waste or containers upon any street,
alley, gutter or parkway, or upon any lot or vacant area or other
public place or way other than as provided in this chapter.
2. No person shall tamper with, modify, scavenge from or deposit
solid waste, organics, or recyclables in any solid waste, organics
or recyclables container which has not been provided for his or
her use, without the permission of the occupant of the premises
where the container is located.
3. Except as otherwise authorized in this chapter, no person shall
collect solid waste, organics or recyclables from residential
premises within the City.
F. Obstruction of Franchisee Unlawful. It shall be unlawful for any
person, their agents or employees to hinder, threaten, impede, or
obstruct the franchisee in the performance of its duties.
5-2-4: COLLECTION CARTS
A. Solid Waste Carts. Occupants of residential premises receiving
individual collection services must place solid waste in the solid waste
carts provided by the franchisee.
B. Recyclables Carts. Occupants of residential premises shall separate
recyclables from solid waste and organics and place recyclables in
the recyclables carts provided by the franchisee. In the case where
the occupant of the premises is not the owner, the owner is
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responsible to instruct the occupant in proper separation and
placement of recyclable materials from solid waste and organics.
C. Organics Carts. Occupants of residential premises shall separate
organics from solid waste and recyclables and place organics in the
organics carts provided by the franchisee. In the case where the
occupant of the premises is not the owner, the owner is responsible to
instruct the occupant in proper separation and placement of organics
from solid waste and recyclables.
D. Filling of Carts and Containers. No occupant of either residential or
commercial premises shall fill any cart or container with solid waste,
organics or recyclables above the top of the cart or container so as to
permit the contents of any container to be blown or otherwise strewn
about.
E. Proper Placement of Carts for Collection. Carts used at any
residential premises for the purpose of collection of solid waste,
organics or recyclables shall be placed on the street against the curb
in front of the premises occupied by the person depositing the same
as directed by the franchisee, unless the owner or occupant has
contracted with the franchisee for backyard service or roll-out service.
Where no street curb exists, the carts shall be placed not more than
two feet from the outside edge of the street nearest the property's
entrance. When the premises are adjacent to a paved alley of
sufficient width to allow easy passage of the collection trucks, the
containers may be placed within two feet of the property line of the
premises and must be readily accessible for collection from the alley.
F. Timing of Placement and Removal of Carts. Occupants shall not
place carts at the curb for collection by franchisee at any time other
than the days established by the franchisee for the collection of such
solid waste, organics or recyclables, or earlier than 5:00 p.m. on the
day preceding the day designated by the franchisee for collection. All
carts shall be removed from the place of collection prior to 10:00 p.m.
of the day the carts have been emptied and, whenever possible,
stored in a location screened from public view.
G. Supervision and Cleaning of Carts. Each occupant of a residential
premises shall maintain supervision over carts on their premises.
Occupants shall maintain carts in a reasonably clean, sanitary
condition.
H. Unauthorized Tampering and Removal of Contents. No person, other
than the waste generator or any waste generator employee, or an
officer or employee of the franchisee, or any person holding a City -
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issued permit for the collection or disposal of solid waste, shall tamper
or meddle with any cart or container or the contents thereof, or
remove the contents of the cart or container, or remove the cart or
container from the location where the same shall have been placed by
the waste generator.
5-2-5: COLLECTION BY FRANCHISEE
Collection and removal of solid waste, organics and recyclables from
residential premises by the franchisee shall be made in accordance with
the terms and conditions of this chapter and the agreement between the
City and the franchisee.
5-2-6: UNLAWFUL COLLECTION
A. Except as expressly provided in this section, it is unlawful for any
person to collect or transport solid waste or organics within the City
unless such person is a franchisee or holds a valid commercial/multi-
family solid waste collection and transportation permit issued by the
City. Additionally, it is unlawful for any person to collect or transport
recyclables within the City unless such person is a franchisee, the
holder of a valid commercial/multi-family solid waste collection and
transportation permit issued by the City, or the recyclables collected
are exempt under this section. If recyclables are hauled by other than
the franchisee or a permittee, the City may require the generator to
provide an affidavit demonstrating that no additional fees relating to
the collection of recyclables have been charged.
B. It is unlawful for any person to permit, allow or enter into any
agreement whatsoever for the collection or transportation of solid
waste, organics or recyclables with any person who is not the
franchisee or the holder of a valid commercial/multi-family solid waste
collection and transportation permit, unless the collection and
transportation is exempted under this section.
C. The collection and transportation of the following types of solid waste,
organics and recyclables are exempted from the requirements of
subsections A and B:
Green waste, landscape and pruning waste, or nonhazardous
wood waste removed from a premises by a gardening,
landscaping or tree trimming contractor as an incidental part of a
total service offered by that contractor rather than as a
transportation service and for no additional or separate fee.
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2. Tree trimmings, clippings and all similar materials generated at
parks and other City -maintained premises, which may be
collected and transported by the City to the disposal site or
processing facility.
3. Hazardous or dangerous materials; liquid and dry caustics; acids;
biohazardous, flammable and explosive materials; insecticides;
and similar substances.
4. Infectious medical waste (as defined in California Health and
Safety Code Section 25117.5).
5. Byproducts of sewage treatment, including sludge, grit and
screenings.
6. Recyclables which are source -separated at any premises by the
waste generator and donated to youth, civic, or charitable
organizations.
7. Source -separated recyclable materials which are transported by a
generator who is recycling under the California Beverage
Containers Recycling Litter Reduction Act (Public Resources
Code Section 14500 et seq.).
8. Solid waste transported by a generator in accordance with a valid
self -haul permit issued pursuant to this chapter.
9. Construction and demolition debris which is removed from any
premises by the waste generator, using his/her/its own vehicles
and which is transported personally by the owner or occupant of
such premises, or by his or her employees.
10. Construction and demolition debris hauled by the property or
business owner using their own vehicles and their own
employees.
11. A licensed contractor removing items for reuse or recycling which
is incidental to work performed at a project construction site and
as defined under diversion requirements if the contractor (1) uses
his or her own employees and vehicles for this purpose, and (2)
maintains no bins or boxes at the site which are detachable from
the vehicle.
12. Materials generated by public schools.
ORDINANCE NO. 1584
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13. Large, bulky or heavy items that are not picked up by the City's
franchisee does not pick up or does not pick up on a weekly
basis.
14. Removal of large amounts of solid waste to address health and
safety concerns such as hoarding.
5-2-7: CHARGES FOR SERVICE
From time to time, the City Council shall establish by resolution rates that
franchisees may charge owners or occupants of one- and two-family
dwelling units for the collection, processing and/or disposal of solid waste,
organics and recyclables. Prior to adopting the resolution establishing the
rate, the City Council shall hold a public hearing.
5-2-8: BILLING AND PENALTIES
Each owner or occupant receiving collection services from the franchisee
shall be billed by the franchisee periodically in accordance with the rates
established by the franchise agreement and approved by the City Council.
If an owner or occupant fails, refuses or neglects to pay the bill, then a
penalty may be added to the bill and the sum, together with any costs
incurred by the franchisee, may be recovered by the franchisee as
provided by law, including Government Code Section 54348. If an
occupant fails to pay the bill, the owner shall be responsible for the
payment.
5-2-9: FAILURE TO PAY
If there is no payment of a bill after 60 days or more, the franchisee shall
undertake collection of the bill (including penalties and expenses of
collection) for a period of one year from the invoice date. Franchisee shall
make reasonable efforts to obtain payment through issuance of late
payment notices, telephone requests for payment, and assistance from
collection agencies (who shall make at least two attempts at collection). If
the franchisee's collection efforts for a one-year period fail, and franchisee
can demonstrate to the City that it attempted on at least five occasions to
solicit moneys due from each delinquent account, then the franchisee may
assign its rights to collection (including penalties and expenses of
collection) to the City. The City may then, at its discretion, initiate any
collection procedures authorized by law, including those special
assessment procedures authorized by Government Code Sections
38790.1 and 25831. If the City collects the delinquent amount, it shall pay
the collected moneys to franchisee after deducting City's administrative
costs and costs of collection.
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5-2-10: SELF -HAULING
A. Permit required. The person in charge of a residential premises may
apply for and obtain a permit to self -haul, and shall not self -haul
without a valid self -haul permit issued pursuant to this section unless
otherwise expressly authorized in this chapter. Every person in
charge of a residential premises who desires to self -haul in lieu of
making arrangements with the solid waste franchisee for solid waste
handling services shall obtain a self -haul permit from the Public Works
Director prior to commencing self -hauling. For purposes of this
section, "residential premises" refers to one- and two-family dwelling
units.
B. Term. A permit to self -haul shall be good for one calendar year, or
such part of the calendar year that is remaining after the issuance of
the permit. All self -haul permits shall expire on December 31, and
may be renewed annually. Application for a renewal permit must be
filed at least 60 calendar days prior to the expiration date of the permit
to allow adequate time for processing, inspection and verifications
required to issue the permit.
C. Issuance of permit. An applicant for a self -haul permit shall submit a
completed application, on a form approved by the City's Public Works
Director, to the Public Works department. The Public Works Director
shall determine whether the application is complete within five
business days of the receipt of the application. If the Public Works
Director finds the application incomplete, the applicant shall be given
a list of information needed to complete the application.
Once an application for a self -haul permit is complete, the applicant
shall produce the items listed in subsections (C)(1) through (7) below.
The Public Works Director shall issue a self -haul permit within five
working days of the production of all of the required items.
1, The applicant must produce for inspection the vehicle the
applicant intends to use for self -hauling, and the vehicle must
meet the following standards:
a. The vehicle is capable of safely hauling a minimum of 32
gallons (4.3 cubic feet) of solid waste, recyclables and
organics in a safe and sanitary manner so that such matter
will not spill; and
b. If the vehicle is not fully enclosed, the applicant must produce
a tarp or other material, device or mechanism that is
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demonstrated to completely secure the materials being self -
hauled;
2. The applicant must produce evidence that he or she owns or
leases the vehicle produced for inspection or has a written
agreement to use the vehicle for self -hauling with the vehicle's
owner or lessor;
3. The applicant must produce evidence that he or she has a valid
California driver's license to operate the vehicle produced for
inspection and that the vehicle is registered in the State of
California;
4. The applicant must provide the City with proof of automobile
insurance for the vehicle;
5. The vehicle must be operational and meet all applicable Vehicle
Code standards;
6. The applicant must provide the City with proof that the applicant
has containers for the storage of solid waste, recyclables and
organics on the applicant's premises before the materials are
hauled to a disposal facility; and
7. The applicant must not have any outstanding charges due to the
City's solid waste franchisee for solid waste handling services
previously received at the premises for which the self -hauling
permit application is being submitted; and
8. The applicant must pay the fee for a self -haul permit authorized
by resolution of the City Council. The fee shall reflect the City's
reasonable costs of issuing and monitoring compliance with the
permit. Permits issued between January 1 and March 31 shall
pay 100 percent of the permit fee; permits issued between April 1
and June 30 shall pay 75 percent of the permit fee; permits issued
between July 1 and September 30 shall pay 50 percent of the
permit fee; permits issued between October 1 and December 31
shall pay 25 percent of the permit fee.
D. Appeal of denial. An applicant whose application for a self -haul
permit has been denied may appeal that decision to the City Manager.
The appeal must be made on a form approved by the Public Works
Director. An appeal must be filed within 10 calendar days of the date
the applicant was notified of the denial. The City Manager shall issue
a written decision within 10 business days of the effective date of the
appeal. The decision of the City Manager shall be final.
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E. Operational Standards/Permit Conditions.
The permittee must dispose of solid waste weekly at a licensed or
permitted landfill or disposal facility and shall procure and retain
weekly receipts from such landfill or other disposal facility.
Receipts shall be submitted to the City upon request. Failure to
show proof of solid waste disposal for each week that a person is
permitted to self -haul shall constitute a public health and safety
nuisance sufficient to permit City to revoke the permittee's self -
haul permit.
2. The permittee must notify the City of any change in the vehicle
being used to haul solid waste by the permittee. The permittee
must bring the new vehicle in for an inspection and demonstrate
compliance with items (1) through (5) of subsection (C) of this
section before the new vehicle is used to haul any solid waste
under the permit.
3. The permittee must keep on file with the City copies of the current
automobile insurance and registration for the vehicle used to self -
haul and the permittee's current California driver's license.
4. The permittee must separate and bag solid waste, recyclables
and organics. Recyclables must be disposed of at a licensed or
permitted recycling center, materials recovery facility, or transfer
station. Organics must be disposed of at a licensed or permitted
composting facility, organics processing facility, or must be
composted on the premises covered by the self -haul permit.
5. The permittee must maintain, on a rolling basis, original records
showing, for the immediately preceding twelve months, the type
and weight of all solid waste collected (categorized by solid
waste, organics, and recyclables) and the disposal site, recycling
facility, organics processing facility or other final destination of
each load transported (categorized by solid waste, recyclables,
and organics). Copies of these records must be submitted to the
Public Works Director upon request.
6. The permittee must submit quarterly reports to the Public Works
Director showing the type and weight of solid waste collected
(categorized by solid waste, recyclables, and organics), the final
destination of each type of waste, and the receipt number
(provided by the final destination) for each load of solid waste,
recyclables, and organics collected. All such reports must be
submitted on a form approved by the Public Works Director.
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7. The permittee is liable for any damages and cleanup costs
resulting from any solid waste, recyclables or organics spills
during the course of the permittee's self -hauling activity.
F. Revocation of permit. The self -haul permit shall be subject to
revocation if the permittee violates any provision of this chapter. A
notice of revocation shall be mailed to the permittee informing him/her
that the self -haul permit is being revoked, identifying the violations of
this chapter that have occurred, and informing the permittee that he or
she has the right to dispute the revocation by an appeal to the City
Manager. An appeal of a revocation must be filed within 10 calendar
days of the mailing of notice of the revocation. A revocation appeal
hearing will be scheduled within 10 business days of the date the City
receives the request for an appeal. Revocation of the permit will be
stayed upon filing of an appeal in accordance with this section. The
stay will remain in place until a final decision is issued by the City
Manager. The City Manager will issue a decision on the appeal within
five business days of the hearing and provide the permittee written
notice of the decision. The decision of the City Manager on the appeal
shall be final. A person whose self -haul permit has been revoked
pursuant to this subsection may not obtain another self -haul permit for
one year from the date of the revocation.
5-2-11: PLACEMENT IN CITY WASTE CONTAINERS PROHIBITED
City solid waste, organics and recyclables containers are placed in City
parks and other public areas for the use by the public to control trash, litter
and garbage generated at their respective locations. Such containers are
not to be used as disposal sites for trash or rubbish which is generated off
site. It is unlawful for any person to place, dump, deposit, or throw away
solid waste, organics or recyclables, or other refuse or debris of any kind
or character whatsoever in City containers if such was generated at a
location other than where the container is located.
5-2-12: BURNING VEGETATION
It is unlawful for any person to set fire to, ignite or burn any standing or
uncut dry grass, weeds, brush or vegetation on any lot or premises within
the City.
5-2-13: RECYCLING OF ORGANICS
A. Mandatory Recycling Services:
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On and after April 1, 2016, a business or a multi -family residential
dwelling that generates eight (8) cubic yards or more of organics
per week must arrange for recycling services specifically for
organics in the manner specified in subsection B of this section.
2. On and after January 1, 2017, a business or a multi -family
residential dwelling that generates four (4) cubic yards or more of
organics per week must arrange for recycling services specifically
for organics in the manner specified in subsection B of this
section.
3. On and after January 1, 2019, a business or a multi -family
residential dwelling that generates four (4) cubic yards or more of
commercial solid waste, as defined in Public Resources Code
section 42649.1, per week, must arrange for recycling services
specifically for organics in the manner specified in subsection B of
this section.
4. On or after January 1, 2020, if the department of resources
recycling and recovery 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
A3 of this section, unless the department determines that this
requirement will not result in significant additional reductions of
organics disposal.
5. For purposes of this section, "multi -family residential dwelling"
means a dwelling of five units or more, including, without
limitation, condominiums, apartments, and townhomes. The term
does not include dwellings of four or fewer units.
B. Actions Required: A business or a multi -family residential dwelling
subject to subsection A of this section must take at least one of the
following actions:
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.
ORDINANCE NO. 1584
PAGE 15 of 26
4. Sell or donate its recyclable organics to a person or entity
authorized by law to receive such waste.
C. Food Waste Generated by Dwelling: Notwithstanding the foregoing, a
multi -family residential dwelling is not required to arrange for the
organics recycling services specified in subsection B of this section for
food waste that is generated by the dwelling.
D. Recycling Services Required: Property management companies that
contract for trash service for any commercial, institutional, or multi-
family properties subject to this chapter are required to contract or
otherwise make available recycling services to comply with this
section.
E. Reports and Policy Compliance Required: Any business or multi-
family residential dwelling subject to this chapter must:
Report to the City of EI Segundo on an annual basis the action
the business or dwelling has taken pursuant to subsection B of
this section; the amount of 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
policy, adopted by the City Council and which may be amended
by the City Manager.
F. Exemptions:
Any business or multi -family dwelling subject to this section may
apply for an exemption from the requirements of this section. The
City Manager or designee may grant either a temporary or
permanent exemption for any of the following reasons:
a. Lack of sufficient space in multi -family complexes or
businesses to provide additional organic material recycling
bins.
b. The current implementation by a business of actions that
result in the recycling of a significant portion of its organics.
c. The business or group of businesses does not generate at
least one-half ('/z) of a cubic yard of organics per week.
ORDINANCE NO. 1584
PAGE 16 of 26
d. Extraordinary and unforeseen events, in which case a
temporary exemption only may be granted.
2. The City Manager's or designee's decision may be appealed to
the City Council within ten (10) days of the decision. The City
Council's decision shall be final.
G. Violation: Any violation of this section is punishable as an infraction
pursuant to section 1-2-3 of this code. The City may enforce this
section by administrative citation or any other remedy available to the
City under law and it is within the discretion of the City to seek
cumulative remedies.
H. Fees: The City Council may establish fees for its costs of enforcing
this section by resolution.
5-2-14: SOLID WASTE COLLECTION; COLLECTION AND
PROCESSING OF ORGANICSAND RECYCLABLES—
COMMERCIAL AND MULTI -FAMILY
A. Mandatory Arrangements for Collection and Removal. The owner or
occupant of each commercial and multi -family premises is required to
make arrangements for the regular removal of all solid waste,
organics, and recyclables accumulated on such premises. Effective
January 1, 2020, no owner or occupant of a commercial or multi-
family premises shall employ another, other than the holder of a
permit issued pursuant to section 5-2-15, to collect solid waste,
organics or recyclables generated on the premises. For purposes of
this section, "multi -family premises" refers to a building containing
three or more dwelling units designed or arranged for occupancy by
three or more households living independently in which they may or
may not share common entrances and/or other spaces. If a property
contains both commercial and multi -family residential premises, the
owners or occupants of the residential component of the premises
must independently contract with a permittee for the collection and
removal of solid waste, organics, and recyclables in accordance with
this chapter.
5-2-15: COMMERCIAL AND MULTI -FAMILY SOLID WASTE
COLLECTION AND TRANSPORTATION SERVICES
A. Permit Requirement. Effective January 1, 2020, no person shall
collect solid waste from any commercial or multi -family premises in
the City and transport it over the public streets or highways except
under a valid permit issued pursuant to this section, unless an
ORDINANCE NO. 1584
PAGE 17 of 26
exemption set forth in this section applies. For purposes of this
section, and unless otherwise specified, "multi -family premises" refers
to a building containing three or more dwelling units designed or
arranged for occupancy by three or more households living
independently in which they may or may not share common entrances
and/or other spaces.
B. Authorization; Limitations.
A permit issued pursuant to this section authorizes the permittee
to collect specified types of solid waste from commercial and
multi -family premises in the City and to transport it over the public
streets and highways of the City, in accordance with the terms
and conditions of the permit and this section.
2. A person may obtain a permit under this section to collect solid
waste from within the City only to the extent that another person
does not have an exclusive privilege or right to collect that solid
waste from within the City pursuant to a franchise agreement.
3. A permit issued pursuant to this section does not authorize, and
shall not be construed to authorize, the permittee to collect solid
waste within the City when another person has an exclusive
privilege or right to collect that solid waste within the City pursuant
to a franchise agreement.
C. Exemptions. The requirement to obtain a permit under this section
does not apply to any of the following:
The collection and transport of solid waste by the owner or
occupant of the real property where the solid waste was
generated.
2. The collection and transport of solid waste that is generated on
real property in the course of a service provided to the owner or
tenant of that property by a building contractor or landscape
contractor, if the solid waste is collected and transported by the
contractor.
3. The collection and transport of solid waste under a valid federal or
State permit if the federal or State permit requirement preempts
the permit requirement under this section.
4. The collection and transport of solid waste by the franchisee
under a franchise agreement.
ORDINANCE NO. 1584
PAGE 18 of 26
5. The collection and transport of solid waste generated at a publicly
operated wastewater treatment facility.
6. Disposal of large, bulky or heavy items that are not a byproduct of
materials generated by a business or tenant or are not
customarily part of the property's solid waste generation.
7. Removal of large amounts of solid waste to address health and
safety concerns such as hoarding.
D. Application. A person may apply for a commercial/multi-family solid
waste collection and transportation permit by submitting an application
to the Public Works Department and paying an application fee
established by resolution of the City Council. The application must be
made using a form approved by the Public Works Director and include
all of the following:
The full legal name, address and telephone number(s) of the
applicant. If the applicant is a sole proprietor who will operate
under a fictitious business name, the applicant must provide a
copy of a valid fictitious business name statement for the
business. If the applicant is a business entity, the applicant must
provide written documentation that the entity may lawfully conduct
business in the City.
2. Identification of all vehicles proposed to be used in the collection
and transport of solid waste under the permit, including legible
copies of valid California registration cards for each vehicle. If any
of the vehicles is equipped to provide roll -off box services, that
information must also be provided. The Public Works Director
may require inspection of any such vehicles prior to issuing a
permit or at any time during the life of the permit.
3. Proof of possession of a valid motor carrier identification number
in good standing issued under California Vehicle Code section
34507.5, if applicable.
4. Identification of the types of solid waste, recyclables, and organics
to be collected and transported.
5. Identification of the locations to which the solid waste, including
recyclables and organics, will be transported.
6. A description of all services to be provided to a customer related
to the collection and transport of solid waste (including
recyclables and organics) for that customer.
ORDINANCE NO. 1584
PAGE 19 of 26
E. Vehicle Inspections; Standards.
1 � All vehicles proposed to be used for collection and transport of
solid waste under a permit issued pursuant to this chapter shall
be made available for inspection by the Public Works Director or
his/her designee at a location within the City determined by the
Public Works Director. The vehicle must be made available for
inspection within two business days of the inspection request
and at a location designated by the Public Works Director.
2. All vehicles proposed to be used for collection and transport of
solid waste under the permit must comply with the following
minimum standards:
a, The vehicle must be designed, constructed and configured
for safe handling and to securely contain the type of solid
waste proposed to be collected; and
b. The vehicle must be prominently marked with the name and
telephone number of the applicant.
F. Permit Issuance; Grounds for Denial.
After receipt of an application, payment of a permit fee
established by the City Council by resolution, and a valid
certificate of liability insurance issued to the applicant that
conforms to the coverage requirement set forth in this section, the
Public Works Director shall issue a commercial/multi-family solid
waste collection and transportation permit to the applicant unless
any of the following grounds for denial exists:
a. Another person has an exclusive right or privilege to collect
all of the types of solid waste described in Section 5-2-
15(D)(4).
b. The application is incomplete or inaccurate.
c. A permit issued to the applicant under this section has been
revoked within twelve months prior to the date of application.
d. The applicant has failed to pay an outstanding fine.
e. The Public Works Director determines that a vehicle
proposed to be used in the collection and transport of solid
waste pursuant to the permit does not conform to the
ORDINANCE NO. 1584
PAGE 20 of 26
minimum standards set forth in subparagraph (E) of this
section.
2. The Public Works Director shall provide written notice to the
applicant of any denial of a permit under this section and the
reasons for the denial.
3. A permit issued pursuant to this section will include, without
limitation:
a. The name of the permittee.
b. A list of all vehicles, by license place and vehicle identification
numbers, that may be used pursuant to the permit.
c. Identification of the types of solid waste that may be collected
and transported pursuant to the permit and the specific
services that must be provided to customers in connection
with the collection of specified types of solid waste.
Cl. The effective and expiration dates of the permit.
G. Permit Conditions; Responsibilities of Permittees. The following
conditions/responsibilities apply to all commercial/multi-family solid
waste collection and transportation permits/permittees:
The permittee must comply with all applicable laws and
regulations.
2. A copy of the permit must be kept in each vehicle used for solid
waste collection and transportation under the permit and
produced upon request by any peace officer.
3. Each motorized vehicle used for solid waste collection or
transportation under the permit must be marked with the name
and telephone number of the permittee. Markings must be in
sharp contrast to the background and of such size as to be readily
visible during daylight hours from a distance of fifty feet. Markings
must be applied to each sidewall of a motorized vehicle.
4. Each vehicle used for solid waste collection or transportation
under the permit must be regularly maintained and cleaned. Each
vehicle must be made available for inspection by the Public
Works Director or his/her designee at a location within the City.
The vehicle must be made available for inspection within two
business days of the inspection request.
ORDINANCE NO. 1584
PAGE 21 of 26
5. Each vehicle used for solid waste collection and transportation
under the permit must carry proof of liability insurance coverage in
the amounts required by this section.
6. Each container of one cubic yard or more that is used by the
permittee in the course of operations under the permit must be
marked with the name and telephone number of the permittee. All
containers must be maintained in a clean and safe condition. For
the purposes of this subsection, containers include trailers but do
not include motorized vehicles.
7. The permittee must maintain, on a rolling basis, original records
showing, for the immediately preceding twelve months, the type
and weight of all solid waste collected (categorized by solid
waste, recyclables, and organics), the location where each load of
waste was collected, and the final destination of each load
collected (categorized by solid waste, recyclables, and organics).
Copies of these records must be submitted to the Public Works
Director upon request.
8. The permittee must submit quarterly reports to the Public Works
Director stating the total number of customers serviced
categorized by service type (solid waste, recycling, and organics);
the customer list of premises/businesses from which each type of
waste was collected; the level of service provided to each
customer, including type and weight of solid waste collected
(categorized by solid waste, recyclables, and organics); the
number of containers; the frequency of service (number of days
per week); and the final destination of each type of waste. All
such reports must be submitted on a form approved by the Public
Works Director. If a property contains both commercial and multi-
family premises, and the permittee provides collection services to
both, the permittee must independently track the solid waste,
organics and recyclables generated by the commercial and multi-
family components of the premises.
9. Each permittee shall be required to ensure that organics and
recycling services are provided for all of its customers. Each
permittee shall, at least once annually, provide educational and
informational literature to its customers and the City describing
the organics and recycling services to be provided, organics and
recyclable materials to be recycled, instructions on how to
participate, and instructions on how to properly separate
recyclable materials and organics to maximize waste diversion.
ORDINANCE NO. 1584
PAGE 22 of 26
10. The permittee must provide each commercial and multi -family
premises it serves with the collection containers necessary to
comply with, implement, and achieve State and local diversion
and recycling goals, as applicable. This includes, without
limitation, containers that allow for the source separation of solid
waste, organics and recyclables.
11. Unless an exemption has been granted by the City, the permittee
must provide each business and each multi -family residential
dwelling of five units or more that it serves with the collection
containers necessary to comply with, implement, and achieve
state -mandated goals for the recycling of recyclables and
organics including, without limitation, AB 341 and AB 1826. For
purposes of this subsection, "business" means a commercial or
public entity, including, but not limited to, a firm, partnership,
proprietorship, joint stock company, corporation, or association
that is organized as a for-profit or nonprofit entity. With respect to
the businesses and the multi -family residential dwellings of five
units or more that it serves, the permittee must provide or arrange
for organic waste recycling services consistent with all applicable
State laws and regulations and must assist the City in providing
related education and outreach to, and monitoring of, such
businesses.
H. Insurance Requirements. At all times while doing business in the
City, each permittee must have and maintain commercial general
liability insurance coverage with limits no less than one million dollars
per occurrence and one million dollars in the aggregate.
Revocation.
Grounds for Revocation. A permit issued pursuant to this section
may be revoked by the Public Works Director in accordance with
the procedures set forth herein if the Public Works Director
determines that:
a. The permittee has failed to comply with a term or condition of
operation under the permit;
b. The permittee's conduct under the permit constitutes a
nuisance; or
c. During the permit period, the permittee collected and
transported solid waste that another person had an exclusive
right or privilege to collect and transport pursuant to a valid
franchise agreement.
ORDINANCE NO. 1584
PAGE 23 of 26
2. Notice. The Public Works Director will provide written notice of
intent to revoke a permit to the permittee at the address provided
on the permittee's application. The notice will state all applicable
grounds for the revocation and the permittee's right to a hearing
under this section.
3. Hearing. Within fifteen calendar days after the date of the notice
of intent to revoke, the permittee may request a hearing before
the Public Works Director by completing and submitting a written
hearing request form. The hearing will be set for a date no sooner
than twenty days and no later than forty-five days following the
date of the written request for hearing.
4. Effective Date. If no hearing is timely requested, the revocation is
effective fifteen days after the date of the notice of intent to
revoke. If a hearing is held, the Public Works Director shall issue
a written decision within ten days of the hearing. Notice of the
written decision shall be provided to the permittee by regular mail
at the address indicated on the permit and the notice shall be
effective two business days after it is deposited in the United
States Mail. The decision of the Public Works Director will
become effective when the time to appeal to the City Council
expires, unless an appeal to the City Council is timely filed.
5. Appeal of Revocation to the City Council. Any permittee whose
permit is revoked under this section shall have the right, within ten
calendar days after notice of the Public Works Director's decision
is provided, to file a written appeal to the City Council. Any such
appeal must be made on a form provided by the Public Works
Director and must set forth the specific ground or grounds on
which it is based. The City Council shall hold a hearing on the
appeal within 45 days after its receipt by the City, or at a time
thereafter agreed upon, and shall cause the appellant to be given
at least ten days' written notice of such hearing. At the hearing,
the appellant or its authorized representative will have the right to
present evidence and a written or oral argument, or both, in
support of its appeal. The determination of the City Council on the
appeal shall be final.
J. Prohibitions.
No person shall engage the service of a person for compensation
to collect solid waste from any commercial or multi -family
premises in the City and transport it over a public street or
highway in the City unless the person whose service is engaged
ORDINANCE NO. 1584
PAGE 24 of 26
possesses a valid permit issued under this section or is exempt
from the permit requirement.
2. Unless specifically exempt from the permit requirement pursuant
to this section, no person shall collect solid waste from any
commercial or multi -family premises in the City and transport it
over a public street or highway in the City without a valid permit
issued under this section.
3. No person subject to the permit requirement in this section shall
transport solid waste to any location other than:
a. A solid waste facility that is lawfully operated under all
required State and local permits, registrations and
enforcement agency notifications; or
b. A recycling facility that, as its principal function, receives
wastes that have already been separated for recycling and
are not intended for disposal, and is lawfully operated in
accordance with all applicable laws and regulations.
c. An organics recycling facility that is lawfully operated in
accordance with all applicable laws and regulations."
SECTION 3: Environmental Review. This ordinance is exempt from environmental
review under the California Environmental Quality Act (California Public Resources
Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of
Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit
operation of existing facilities; consists only of minor revisions and clarifications to
existing regulations and specification of procedures related thereto; and consists of
actions taken to assure the maintenance, protection and enhancement of the
environment. This ordinance, therefore, does not have the potential to cause significant
effects on the environment. Consequently, it is categorically exempt from further CEQA
review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308. Furthermore, the City
Council finds and determines that this ordinance is not subject to CEQA for the following
reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical
change in the environment (14 Cal. Code Regs. § 15060(c)(2)), (2) there is no
possibility that the ordinance may have a significant effect on the environment (14 Cal.
Code Regs. § 15061(b)(3), and (3) the ordinance does not constitute a "project" as
defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378).
SECTION 4: Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
ORDINANCE NO. 1584
PAGE 25 of 26
SECTION 5: Enforceability. Repeal of any provision of the ESMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 6: Validity of Previous Code Sections. If this entire Ordinance or its
application is deemed invalid by a court of competent jurisdiction, any repeal or
amendment of the ESMC or other City ordinance by this Ordinance will be rendered
void and cause such previous ESMC provision or other the City ordinance to remain in
full force and effect for all purposes.
SECTION 7: Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 8: The City Clerk is directed to certify the passage and adoption of this
Ordinance, cause it to be entered into the City of EI Segundo's book or original
ordinances, make a note of the passage and adoption in the records of this meeting,
and, within fifteen days after the passage and adoption of this Ordinance, cause it to be
published or posted in accordance with California law.
SECTION 9: This Ordinance will take effect on the 30th day following its final passage
and adoption.
PASSED AND ADOPTED Ordinance No. 1584 this 18th day of June, 2019
Drew Boos, Mayor
ATTEST:
Tracy Wea r,
ou&,o
City Clerk
APPROVED AS TO FORM
Mark . Hensley, Cit A rney
ORDINANCE NO. 1584
PAGE 26 of 26
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1584 was duly introduced by said City Council at a regular meeting held
on the 4th day of June, 2019, and was duly passed, and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular
meeting of said Council held on the 18th day of June, 2019, and the same was so passed
and adopted by the following vote:
AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann, Council
Member Pimentel, and Council Member Nicol
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID -TTY this d day of July, 2019,
r cy Weaver, City Clerk
of the City of EI Segundo,
California