CHAPTER 2
CONTRACTS FOR REFUSE COLLECTION

Section 5200. Right to Enter Into Collection Contracts.

It shall not be mandatory that the Castro Valley Sanitary District acquire, construct, maintain or operate any such solid waste collection and disposal system or disposal sites as may be necessary and proper to carry into effect the provisions of this Article.

The Sanitary Board of the Castro Valley Sanitary District may, in its judgment, by resolution, determine that a contract should be entered into for the exclusive privilege of collecting, removing, and disposing of all solid waste in and from the Castro Valley Sanitary District and for the collection of the charges for solid waste collection as herein prescribed in Chapter 3 of this Article.

The Sanitary Board of the Castro Valley Sanitary District shall have the power to provide for the inclusion in such contract of such terms and conditions as it may deem necessary to protect the best interests of Castro Valley Sanitary District and the inhabitants thereof.

(Added, §2, Ord. 55, 11-11-76)

(Amended, §1, Ord. 180, 02-05-19)

Section 5201. Exclusiveness of Contract.

It shall be unlawful for any person, other than the person to whom such contract shall be awarded, or to whom such contract may be assigned, to collect or remove solid waste in and from Castro Valley Sanitary District without the consent of the Castro Valley Sanitary District. Such exclusiveness shall extend to the right to rent, place, and pick up specialized containers utilized for the deposit and disposition of garbage, recyclable materials, organic materials, and/or construction and demolition debris.

The District has granted to the current Contractor the exclusive franchise, right, privilege, and duty during the term of the agreement to collect and transport garbage, recyclable materials, compostable materials and construction and demolition debris set out for collection by residential and commercial customers.

Such exclusiveness shall not extend to solid waste not required to be offered for collection, as specified in Section 5101 of this Article, or to the collection and hauling of waste materials where such collection and hauling is part of a total service offered by a contractor such as a gardening or construction/demolition contractor.

(Added, §2, Ord. 55, 11-11-76)

(Amended, §1, Ord. 132, 02-04-03)

(Amended, §1, Ord. 180, 02-05-19)