Item 28 - Ordinance Repealing and Reenacting Article II of Chapter 16 of the SAMC

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Ordinance No. NS-XXX Page 15 of 42 consistent with this article and with any resolution or contract of the city council pertaining to the same, including, but not limited to, the following: (1) The collection day schedules for curbside service and, when necessary to improve sanitation or reduce noise, for residential and/or commercial/industrial bin service. (2) Determinations as to whether waste material falls within the definition of solid waste. (3) Determinations as to whether the conditions for receipt of curbside service have been satisfied. (4) Determinations as to whether processing of solid waste is occurring in compliance with the California Integrated Waste Management Act and the city's source reduction and recycling element. (5) Determinations as to whether agreements between customers and the city's solid waste collection contractor for special or additional collection services or for bin or roll-off service are reasonable and consistent. (6) Regulations pertaining to periods of labor strike or other circumstances affecting collection services throughout the city. (7) Determinations as to whether residential, multifamily, commercial generators, tier one and tier two edible food generators, food recovery organizations, self- haulers, and organic waste generators are in compliance with the organics waste diversion requirements as described in this article. (b) Any person aggrieved by a rule or determination of the executive director of public works shall have the right of appeal to the city manager, who shall have the authority to confirm, modify, or revoke the same. Sec. 16-30. - Exclusivity and exclusions thereto. (a) The city and its solid waste collection contractor have the exclusive duty, right, and privilege to collect, transport, process, recycle, divert by means of composting, mulching, and/or transforming, retain, and dispose of all solid waste accumulated, produced or generated in the city, and all solid waste placed for collection either by the city or its solid waste collection contractor shall be deemed to be the property thereof, except as otherwise provided herein. Effective July 1, 2022, this exclusivity includes construction and demolition solid waste which has accumulated and/or been generated at a temporary construction site and which is being disposed of in a roll-off container(s) and/or in bin(s).