Chapter 8.20
SOLID WASTE AND RECYCLABLE COLLECTION AND DISPOSAL

Sections:

8.20.010    Purpose.

8.20.020    Definitions.

8.20.030    Authorization required to collect.

8.20.035    Transfer or processing stations and solid waste recovery facilities.

8.20.040    Licensing.

8.20.050    Revocation and suspension of franchise, license or permit.

8.20.060    Solid waste disposal and diversion.

8.20.065    Special events and venue facility operations.

8.20.070    Solid waste charges – Payment.

8.20.080    Charges – Nonpayment.

8.20.090    Disposal.

8.20.100    Collection vehicles.

8.20.110    Containers/bins.

8.20.120    Other prohibited activities.

8.20.130    Time and frequency of collections.

8.20.140    Noise.

8.20.150    Indemnification and insurance.

8.20.160    Reporting requirements.

8.20.170    Recycling services.

8.20.180    Violations – Misdemeanors.

8.20.010 Purpose.

The collection and disposal of solid waste is a matter requiring the control and regulation by the city in the manner set forth in this chapter in order to protect the public peace, health, safety and welfare of the citizens. (Ord. 1497 § 1 (part), 1996)

8.20.020 Definitions.

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth below. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Public Resources Code Section 40105 et seq.

“Annexation area” means that real property annexed to the city as part of the annexation of West Gardena Area 93-1, effective May 15, 1995.

“Bins or commercial bin” mean those containers provided for temporary accumulation and collection of commercial/industrial solid waste from commercial/industrial premises. Bins include solid waste containers with capacity of at least one and one-half cubic yards, compactor bins, compactor boxes and roll-off service boxes.

“Collect” or “Collection” shall mean to take physical possession, transport, and remove solid waste within and from the city.

“Commercial collection” means collection from commercial premises.

“Commercial premises” means all premises in the city, other than residential premises, where solid waste is generated or accumulated.

“Construction and Demolition Waste or C&D Waste” is a solid waste that is a portion of the municipal waste stream defined as:

1. Discarded materials generally considered to be water insoluble and non-hazardous in nature including but not limited to steel, glass, brick, concrete, asphalt, pipe, gypsum, wallboard, metal, masonry, rock, stone, slate, gravel, soil, or otherwise inert material from the construction or demolition of a structure as part of a construction and/or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, trees, brush, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project.

2. Clean cardboard, construction paper, plastics (including but not limited to sheeting, molding, and shrink wrap), wood, lighting and piping fixtures, and metal scraps from any construction and/or demolition project.

3. Plant materials resulting from construction work when commingled with dirt, rock, and other inert materials.

4. De-minimus amounts of other non-hazardous wastes that are generated at construction and demolition projects, provided such amounts are consistent with best management practices of the industry.

“Construction work” means construction, remodeling, repair, demolition or deconstruction of building, other structures, roads, parking lots and similarly paved or covered surfaces.

“Containers” shall mean any and all types of solid waste receptacles, including cans, carts, compactors, bins, roll-off boxes, and customer-provided receptacles.

“Contractor” means any person or entity holding or required to hold a contractor’s license of any type under the laws of the State of California or who performs, whether as a contractor, subcontractor, or building owner, any construction, demolition, remodeling, or landscaping service relating to building or accessory structures in the City.

“Diversion” means a reduction in the amount of waste being disposed in landfill by any of the following methods:

1. Use of new construction method(s) as described by the City that reduces the amount of waste generated.

2. Onsite reuse of waste.

3. Delivery of waste from the site to a recycling center or salvage or reclamation facility.

4. Other methods as approved by the City.

“Franchise” means the right and privilege: (1) to make arrangements for the collection of and to collect; (2) to transport to landfills, transformation facilities or other licensed solid waste management facilities; and/or (3) to recycle from collected solid waste and recyclable solid wastes all solid waste, including recyclable solid waste and green waste, kept, generated and/or accumulated within the city. Any franchise is subject to all of the provisions and to any right held by any other solid waste enterprise which may hold rights pursuant to Public Resources Code Section 49520.

“Good faith effort” means the documented efforts of a franchisee, firm, person, or entity to meet its requirements to divert waste from disposal to the maximum extent practicable as stipulated by its City-approved permit, franchise, plan or other approved mechanism.

“Green waste” means leaves, grass clippings, brush and branches generated from landscapes or gardens, separated from other solid waste. “Green waste” includes holiday trees put out for collection by service recipients, but does not include stumps or branches exceeding eight inches in diameter or six feet in length.

“Hazardous waste” means any waste materials or mixture of wastes defined as “hazardous substances” or “hazardous wastes” pursuant to the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. Sections 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. Sections 96-1 et seq., and all future amendments to either of them, or as defined by the California Integrated Waste Management Board. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term “hazardous waste” shall be construed to have the broader, more encompassing definition.

“Non-separated solid waste” means that solid waste which may contain recyclable materials which have not been source separated by the customer.

“Operator” means a person authorized by the city, pursuant to this chapter, to operate a disposal site, transfer or processing station or collection system within the city, including those persons authorized by Public Resources Code Section 49520.

“Person” means an individual, corporation, property owner, occupant, tenant or any other entity or enterprise.

“Post collection diversion programs,” means those diversion efforts that do not require pre-collection separation, but rather depend upon the processing of mixed refuse at a permitted transfer station and/or materials recovery facility. In this case, commercial and industrial premises are allowed to place all recyclable and nonrecyclable wastes in the same container, and the franchised solid waste hauler hauls the mixed refuse to an approved facility for recovery of recyclable wastes. The approved facility must meet a minimum of 50% recovery of the recyclable fraction.

“Pre-collection diversion programs,” means those diversion efforts that involve separation of recyclables from refuse by the commercial and/or industrial premise, and storage in a separate container for collection by solid waste franchisees and/or third party recyclers for recycling or reuse. No third party recyclers may charge or levy a fee for collection; but no law shall prohibit the sale or donation of recyclables to a third party. Any recyclable wastes for collection by a third party cannot contain more than 10% disposable residue by weight.

“Recyclable materials” shall mean residential, commercial or industrial source separated by-products of some potential economic value, set aside, handled, packaged, or offered for collection in a manner different from other solid waste.

“Recyclable solid waste” means recyclable materials which have been source separated before having been discarded into the solid waste stream. Recyclable solid waste is a part of the solid waste stream which can be reused or processed into a form suitable for reuse through reprocessing or remanufacture.

“Recycle” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

“Recycling container” means any container for the temporary accumulation and collection of source separated recyclable solid wastes. The term “recycling container” also includes commercial bins or any other containers designed to be used for collection and temporary accumulation or recyclable solid wastes.

“Residential collection” means collection from residential premises.

“Residential premises” means all single-family units, multifamily units of two to four units, and trailer and mobile home parks which use individual containers for collection.

“Roll-off service” means those commercial bins supplied by operator for the temporary storage of solid waste resulting from temporary activities on a premise, such as the demolition or construction of a building.

“Scavenging” shall mean the uncontrolled pickup of solid waste from any location within the city by an unauthorized collector.

“Solid waste” means all types of solid waste, including green waste and recyclable solid waste, as more specifically defined in Public Resources Code Section 49503, as the same may be amended from time to time. Solid waste does not include hazardous waste, low-level radioactive waste or medical waste.

“Transfer or processing stations and facilities” means those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid waste, or to transfer the solid waste directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.

“Vehicle” or “collection vehicle” means any truck, trailer or other conveyance or equipment including bins, used to collect, haul or transport solid waste or recyclable material.

“Waste stream” means any solid waste or other material which has been entered into a process whereby its ultimate disposition results in depository into a certified landfill. (Ord. 1653 § 1, 2004; Ord. 1649 § 2, 2003; Urg. Ord. 1648 § 2, 2003; Ord. 1497 § 1 (part), 1996)

8.20.030 Authorization required to collect.

No person shall collect, carry, convey or transport solid waste from or at any location within the city, unless such person is authorized to do so by a franchise granted by the council pursuant to subsection A below, or is otherwise exempt from the franchise requirement pursuant to subsection B of this section.

A. The council may award one or more franchises, for the collection of solid wastes from all or a portion of the residential and commercial premises in the city. Franchises shall be granted on such terms and conditions as the council shall establish in its sole discretion. At a minimum, franchises shall provide:

1. The franchisee shall comply with the provisions of this chapter; and,

2. The franchisee shall be required to protect, defend, indemnify and hold the city harmless from any liability, on a form provided by the city attorney in connection with granting of this franchise;

3. The franchisee shall be required to cooperate with the city in solid waste generation studies and the preparation of waste stream audit, and to submit information required by city to meet the reporting requirements of AB 939 and to implement measures consistent with the city’s source reduction and recycling element in order for the city to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended from time to time;

4. The franchisee shall be required to pay a franchise fee in an amount to be determined by ordinance or resolution of the council;

5. The franchisee shall not transfer, sell, sublet or assign the franchise, nor shall any of the rights or privileges therein be leased, assigned, sold in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of the franchisee or otherwise, unless authorization for such transfer, sale subletting or assignment is obtained from the council.

B. Exceptions. Notwithstanding subsection A above, a person may collect solid waste in the city without a franchise if that person:

1. Has the right to continue providing services within the annexation area, or within other areas subsequently annexed to the city, pursuant to Public Resources Code Sections 49520 through 49523 and complies with all other applicable provisions or law, provided, however, such right shall be limited to providing such services in the annexation area or in the other areas annexed;

2. Is an officer, employee or agent of the city in the course of official duty;

3. Is the owner or occupant of any premise within the city, provided that the owner or occupant may transport only solid waste generated on the premise to a site where disposal of processing is permitted pursuant to applicable law and only on an occasional basis; or

4. Is disposing of green waste and is the holder of a valid city business license as a gardener, landscape contractor or tree trimmer/remover.

C. Each person who, on the effective date of the ordinance enacting this chapter, is conducting a business under an existing license or permit issued by the city that is now required by this section to obtain a franchise, shall be required to obtain a franchise on or before such effective date or at such later date as may be established by resolution of the council. Each person who, on the effective date of the ordinance enacting this chapter is operating under a franchise issued pursuant to the provisions of this chapter that are repealed by the ordinance codified in this chapter, shall comply with the provisions of this chapter to the extent that such required compliance does not interfere with the franchisee’s constitutionally protected rights under the existing franchise. (Ord. 1497 § 1 (part), 1996)

8.20.035 Transfer or processing stations and solid waste recovery facilities.

A. No person shall operate a transfer or processing station, a material recovery facility or any other facility covered under the provisions of the Public Resources Code Section 40100 through Section 44017, from or at any location within the city, unless such person is authorized to do so by a franchise granted by the council pursuant to subsection B of this section.

B. The council may award one or more franchises, for the operation of a transfer or processing station, material recovery facility, or other facility covered under the provisions of the Public Resources Code Section 40100 through Section 44017.

C. The franchise shall comply with the provisions of this chapter as well as those provisions set forth in the Public Resources Code.

D. The franchise shall be required to pay a franchise fee in an amount to be determined by resolution or ordinance of the council.

E. All facilities subject to the provisions of this chapter shall be subject to the issuance of a conditional use permit as specified in Title 18 of the Gardena Municipal Code.

F. Each person who, on the effective date of the ordinance enacting this chapter, is conducting a business under an existing license or permit issued by the city that is now required by this section to obtain a franchise, shall be required to obtain a franchise on or before such effective date or at such later date as may be established by resolution of the council. (Ord. 1497 § 1 (part), 1996)

8.20.040 Licensing.

Each operator exercising rights under this chapter, in addition to obtaining a franchise from the council, shall possess a current city business license and shall display a current city-issued decal on each collection vehicle operating within the city. (Ord. 1497 § 1 (part), 1996)

8.20.050 Revocation and suspension of franchise, license or permit.

A. Any franchise issued under the provisions of this chapter is subject to revocation or suspension for cause.

B. Should the city manager determine that there is sufficient reason to authorize the suspension or revocation of a franchise, the city manager shall revoke or suspend the franchise by issuing a written order to the operator clearly stating the reasons for such suspension or revocation.

1. Unless the operator supplies proof of correction to the city manager within ten days of the written order, the permit may be revoked or suspended by the city manager within fifteen days after the mailing of such order. The order shall be mailed by certified mail to the operator.

2. Should any franchise be revoked or suspended in accordance with this chapter, said operator shall have the right to appeal the decision to the council by means of a written request made within fifteen calendar days of the effective date of the suspension or revocation. All requests shall be mailed by certified mail to the city. The decision of the council shall be final.

3. Should a franchise issued to an operator be revoked, said operator shall not be issued a franchise to collect solid waste within the city until such time as the operator is able to demonstrate to the satisfaction of the council that the operator is able to comply with all of the provisions of this chapter.

4. The rights of an operator pursuant to Section 8.20.030(B)(1) may be suspended or revoked by the city pursuant to the procedures set forth in this section. (Ord. 1497 § 1 (part), 1996)

8.20.060 Solid waste disposal and diversion.

A. Residential Premises. Each owner and each occupant of residential premises shall dispose of solid waste through the services of an operator. Until September 1, 2000, residential premises in the annexation area shall make direct arrangements with an operator for the collection of solid waste.

B. Commercial Premises. Each owner and each occupant of a commercial premises, shall dispose of solid waste through the services of an operator.

C. Self-Haulers and Gardeners. Persons disposing of solid waste pursuant to the exceptions contained in Section 8.20.030(B), shall deposit such solid waste only at a lawfully permitted disposal or green waste facility. The city shall reserve the right to require self-haulers and gardeners to report to the city the type, quantity, value, weight and destination of all solid waste, green waste and recyclable material removed and/or disposed of under the provisions set forth in this chapter.

D. (none)

E. Fifty Percent Waste Diversion Standard for C&D Projects. All construction and demolition projects are subject to a waste diversion performance standard of fifty percent of the total wastes generated. Waste diversion is calculated by dividing the total weight of waste diverted by the total weight of waste generated, where waste generated equals the weight of waste diverted added to the weight of waste disposed. Documentation of waste diversion, disposed and generated, must be based solely upon weight receipts or other documentation as approved by the city and based on approved guidelines or protocol of the California Integrated Waste Management Board. Each construction and demolition project for which a building and/or demolition permit is applied for and approved must achieve the waste diversion performance standard or show a good faith effort to achieve that standard.

The following categories of building and demolition projects are exempted from the deposit, fee, and reporting requirements of this section:

1. Residential dwellings up to two units that are not part of a greater planned development.

2. All construction projects of less than or equal to fifty thousand dollars in value.

3. All construction projects of less than one thousand square feet.

4. Work for which only a plumbing, electrical, or mechanical permit is required.

F. Diversion Deposit Requirement. As a condition precedent to issuance of any permit for a building or demolition project that involves the production of solid waste that may be delivered to a landfill, the applicant shall post a cash deposit in an amount in accordance with the scale set in Section 8.20.070(C), and shall pay an administrative fee set forth in Section 8.20.070(D). The deposit is refundable in whole, if the fifty percent diversion requirement is fulfilled, or partially, if the fifty percent diversion requirement is fulfilled in part, or a good faith effort to comply is documented, or the city exempts the project from this requirement based on extenuating circumstances, infeasibility, or emergency. Any deposit for which a refund request has not been timely received, and the balance of deposits remaining after a partial refund, shall be retained by the city for use in paying the cost of waste diversion efforts. The city shall be the sole authority to determine the extent of refund based on the following criteria:

1. A full refund based on a deposit erroneously paid or collected.

2. A full refund when a building permit is withdrawn or cancelled before any work has begun.

3. A full refund when at least fifty percent by weight of the waste generated by the project was diverted from disposal.

4. A partial refund when less than fifty percent by weight of the waste generated was diverted from disposal and a good faith effort to conform to the requirement is documented, pro-rated on the basis of the percent of diversion attained.

5. No refund in whole or part shall be authorized unless, within twelve months of the receipt of the certificate of occupancy for the construction or demolition project, or within twelve months of the date that the permit application is withdrawn or cancelled on a project on which work has begun, the original building permit applicant files a written request for refund and provides documentation satisfactory to the city in support of the request.

G. Requirement for Collection of C&D Wastes. All construction and demolition waste as defined by this chapter that result from construction work shall be collected by a solid waste collection enterprise duly authorized by the city of Gardena. No C&D wastes can be carted by a nonauthorized firm or individual unless the materials carted are recyclable solid waste as defined by this chapter, and collected without fee, or sold or donated by the owner/occupant.

H. All commercial and industrial premises are hereby required to implement either a pre-collection or post-collection diversion system, or a combination thereof, as this chapter defines each. Pre-collection systems may be implemented with an independent third party or with the solid waste collection franchisee; but under no circumstances may the independent third party charge a fee for the service. Post-collection systems shall only be implemented with a solid waste collection franchisee. Notwithstanding the requirements of this chapter, commercial and industrial premises may sell or donate materials to any firm or agency in accordance with state law. (Ord. 1741 § 1, 2012; Ord. 1649 § 3, 2004; Urg. Ord. 1648 § 3, 2003; Ord. 1497 § 1 (part), 1996)

8.20.065 Special events and venue facility operations.

A. Special Events. Any applicant seeking permission for the temporary or periodic use or occupancy of a public street, publicly owned site or facility, or public park within the city for a civic, commercial, recreational, or social event that requires a city permit which generates solid waste such as, but not limited to, paper, beverage containers, or food shall develop a waste reduction and recycling strategy approved by the city of Gardena as part of the permit application. The waste reduction and recycling strategy shall include an estimate of the amount and types of waste anticipated from the event, proposed actions to reduce the amount of waste generation related to the event, and arrangements for separation, collection and diversion from landfills of reusable and recyclable materials. For large venues and special events of more than one thousand persons, the applicant shall ensure the implementation of the waste reduction strategy by the deposit to be determined by the city, which shall be refunded upon presentation within sixty days of the event of a weight or cubic yardage receipt for the recyclables from the receiving waste hauler, service charity, recycling center, or other such entity verifying that the materials will not be disposed in a landfill and a description of all other steps taken to reduce or prevent waste generated as a result of the event. Alternative documentation of diversion from the landfill may be acceptable if approved at the time of permit application.

B. Venue Facility Operations.

1. All venue facilities such as, but not limited to, stadiums, museums, concert halls, and parks and attractions located within the city shall separate and arrange for recycling all materials on the city’s list of commercial recyclables. In addition, the facility shall prepare and adopt a waste prevention strategy approved by the city of Gardena to reduce the amount of waste material generated by facility operations. Where a venue facility owner provides space for a tenant, event management subcontractor, or permitted use of the facility, that owner shall also be responsible for the recycling and waste prevention performance of the facility user. In fulfillment of this requirement, venue waste generators may utilize, but are not limited to, drop-off and buy-back centers, independent recyclers, nonprofit social and charitable service organizations, or the recycling services of a city approved waste contract collector.

2. Any venue facility must participate in the recycling services offered by city approved waste contract collectors and may be subject to periodic waste audits. In addition, at the request of the city, venue facilities not participating in the recycling services offered by city approved waste contract collectors or found to not be implementing their waste reduction strategy shall submit to the city, at their own expense, annual reports which provide information on, but are not limited to, the waste prevention policies being implemented, and the type, amount, and destination of all solid waste disposed and each recyclable material sold or donated. The city may exempt certain venue facility generators from some of the requirements of

this Section because they do not generate significant amounts of solid waste or recyclables at a particular event, or because of localized market conditions for a particular recyclable material.

C. Venue Facility Design, Construction And Demolition.

1. All construction, demolition, and renovation (C&D) projects within the City at venue facilities such as stadiums, museums, concert halls, and parks and attractions are subject to all of the requirements of the City’s Construction and Demolition (C&D) Waste Diversion program, in accordance with Gardena Municipal Code section 8.20 and shall submit a Waste Management Strategy (Strategy) to the City prior to beginning any construction, demolition, or renovation activities. Compliance with the provisions of this section shall be listed as a condition of approval on any building or demolition permit issued and shall be considered as partial satisfaction of the solid waste portion of the environmental mitigation requirements for the project. Submission and approval of a Strategy shall not be required, however, where emergency demolition is required to protect public health or safety.

2. The completed Waste Management Strategy shall include:

a. The estimated volume or weight of project C&D debris, by major material types, to be generated; the maximum volume or weight of such materials that can feasibly be diverted by deconstruction or salvage for reuse or source separated for collection and recycling; and the vendor or facility that the Applicant proposes to use to collect or receive that material.

b. The estimated volume or weight of C&D materials that will sent to the landfill.

c. The estimate volume or weight of reused or recycled-content materials to be used in construction, and any other actions or redesign/reengineering considerations made to reduce the amount of new construction materials used or extend the useable design-life of the facility.

d. The amount or volume of any additional disposed materials that will be generated by post-construction operations resulting from the construction or renovation; and the proposed design, engineering, and operational features such as, waste reduction policies, dedicated space for collection containers, and recyclable materials flow paths that will reduce wastes and support the ongoing recycling of materials generated by facility operations, and an estimate of the volume or weight of such materials that can feasibly be recycled or otherwise diverted from landfill.

3. In estimating the volume or weight of materials identified in the Strategy, the applicant shall use the material types and standardized conversion rates approved by the City for this purpose.

4. If an applicant experiences unique circumstances that make it infeasible to comply with the diversion requirements, the applicant may apply for an exemption at the time of Strategy submission by including the specific circumstances that make it infeasible to comply and the maximum rate of diversion believed to be feasible for each material.

5. The applicant for any covered project shall submit with the Strategy a Performance Security, defined as the lesser of three (3) percent of total Project cost or an amount to be determined by the City. [Acceptable forms of Performance Security include: Performance Bonds; Surety Bonds; Money Orders; Letters of Credit; and Certificates of Deposit]. The City shall only approve a completed strategy if it indicates that at least 50 percent of all C&D debris generated by the project will be diverted from disposal through waste prevention, recycling, reuse, or other waste reduction activities; the project has made all feasible efforts to use recycled-content materials and sustainable design principles; the project provided for waste reduction and recycling of materials generated by post-construction facility operations; and the Performance Security is sufficient. If the [Director] determines that it is infeasible for the Applicant to meet the diversion requirements due to unique circumstances, the City may approve alternate diversion rates for one or more targeted materials.

6. Within [30] days after the completion of the covered project, the applicant shall submit to the City receipts from the vendor or facility which collected or received the C&D material showing the actual weight or volume of each material diverted and to the landfill, receipts for reused or recycled-content materials purchased for the project, the description and amount of any on-site materials reused, a description of all other steps taken to reduce or prevent the waste generation, and a description of the construction and post-construction sustainability policies and actions taken as referenced in the strategy. The City shall review the information and determine whether the applicant has fully complied with the diversion requirements or made all feasible efforts to comply, considering the original waste reduction strategy and factors such as the availability of markets for the C&D debris, the size of the project, and the documented efforts to provide sustainable building and operations practices.

7. If the City determines that the applicant has not fulfilled the requirements or made a good faith effort to comply, or the applicant fails to submit the documentation required within the required time period, then the Performance Security shall be forfeited to the City. All forfeited Performance Securities shall be used for the purposes of promoting waste reduction, recycling, and environmentally sustainable construction within the City of Gardena.

8. Applicants for venue facility construction, demolition, and renovation projects within the City of Gardena shall be required to followed the policies and procedures of the City’s C&D Program, in accordance with Gardena Municipal Code section 8.20 and divert at least 50 percent of all project-related construction and demolition debris, purchase recycled content materials, and provide for environmentally sustainable design and operation of the facilities. (Ord. 1678 § 1, 2006)

8.20.070 Solid waste charges – Payment.

A. Residential Premises.

1. A charge fixed by resolution of the council for services rendered in the normal collection, removal and disposal of solid waste shall be collected from the owner of each property in the city improved with residential premises. Each such owner shall be liable for the collection charge whether or not collection services are utilized. The charge shall be billed and collected with property taxes by the office of the county auditor controller-tax collector and/or other appropriate county offices.

2. Charges for special services provided to owners or occupants of residential premises, such as roll-off service or bin service, shall be billed by and paid directly to, the operator of the solid waste collection service.

3. The city may refund any fee, or portion thereof, paid pursuant to the provisions of this chapter, provided the fee is found and determined to have been entered, charged or paid illegally, or more than once, or through clerical error, or through the error or mistake of the city. No order for a refund shall be made except on a claim verified by the person who paid the fee, or the legal representative of such person, filed with the city clerk within one year after the payment sought to be refunded was paid. Refund claims shall be processed in accordance with Title 1, Division 3.6, Part 3 of the Government Code.

4. The provisions of this section shall not apply to residential premises in the annexation area until September 1, 2000.

5. Exceptions. The monthly residential charges shall not apply to the following:

a. Any property which has been vacant for the month for which the charges are imposed. The burden shall be on the property owner to prove the vacancy;

b. Any property from which the solid waste is self-hauled to a landfill authorized to take such solid waste for the month the charges are imposed. Receipts showing the landfill, the dates, the amount of material self-hauled, and the amounts paid shall be required as proof;

c. If a property owner applies to the city for an exception, and such an exception is verified prior to the city sending the tax assessor’s roll to the county tax assessor, the roll shall be adjusted accordingly. Otherwise, the fee may be refunded in accordance with subdivision (3) of this subsection.

6. Senior citizens receiving supplemental security income benefits (SSI) from the United States Social Security Administration shall receive a fifty percent reduction in rates. Persons who believe they qualify for such a reduction in rates shall show evidence of eligibility to staff of the senior citizens bureau of the city’s human services division who shall certify as to the eligibility and shall notify the city manager who shall adjust the billings accordingly.

B. Commercial Premises. The owners and occupants of commercial premises shall pay for solid waste collection services at rates not in excess of maximum amounts and not less than minimum amounts, if any, as may be specified by resolution of the council, which amounts shall be billed by and paid directly to the operator of the solid waste collection service.

C. For regulated C&D projects, upon approval of the C&D waste diversion plan and prior to issuance of any permit, the contractor shall deposit the applicable amount with the city. The deposit shall be in cash, check, performance bond, cash bond, or credit card, payable to the city of Gardena in an amount according to the following schedule:

Value of Job

Recycling Deposit Requirement

Under $100,000

$5,000

$100,000 – $249,999

$7,500

$250,000 – $499,999

$10,000

$500,000+

$15,000

Funds received by the city as diversion deposits shall be used only for:

1. Payment of diversion deposit refunds.

2. Costs of administration of the program established by this chapter.

3. Cost of programs whose purpose is to divert C&D wastes from landfill disposal.

4. Costs of programs whose purpose is to develop or improve the infrastructure needed to divert C&D wastes from landfill disposal.

D. For a C&D project, a nonrefundable administrative fee of one percent of the project value shall be paid to the city, which fee shall not exceed five thousand dollars.

E. In the event that recyclable solid wastes are not donated or sold, commercial and industrial premises shall pay for collection and processing services in accordance with rates not in excess of maximum amounts and not less than minimum amounts, if any, as may be specified by resolution of the city council, which amounts shall be billed by and paid directly to the operator of the solid waste collection service. (Ord. 1649 § 4, 2004; Urg. Ord. 1648 § 4, 2003; Ord. 1544 § 1, 1998; Ord. 1520 § 2, 1997; Ord. 1497 § 1 (part), 1996)

8.20.080 Charges – Nonpayment.

A. Charges for residential premises shall constitute a debt due the city for which the owner and tenant or occupant of the premises shall be jointly and severally liable, except as hereinafter provided, and no person liable therefor shall wilfully fail, neglect, or refuse, after demand by the city, to pay such charges as prescribed by this chapter. Failure to pay such charges shall constitute a lien upon the property for which the charge is assessed. (Ord. 1497 § 1 (part), 1996)

8.20.090 Disposal.

A. All solid waste collected in the city shall be disposed of at a suitable site legally empowered to accept such material for disposal.

B. No person shall engage in the business of collecting, dumping or depositing any solid waste upon any property located within the city without first having obtained a special permit pursuant to Chapter 5.04 of this code. (Ord. 1497 § 1 (part), 1996)

8.20.100 Collection vehicles.

A. Collection vehicles used by operators within the city shall comply with the requirements of this section and shall conform to the highest industry standards.

B. Annual inspection by the California Highway Patrol is required for all collection vehicles. Inspection certificates for each collection vehicle shall be filed with the city manager.

C. Collection vehicles shall at all times be kept clean, in good repair and uniformly painted to the satisfaction of the city and shall comply with all measures and procedures promulgated by agencies having jurisdiction. Additionally all vehicles shall be disinfected on a regular basis.

D. Each vehicle shall be so constructed and used so that solid waste, oil, grease or other liquid will not blow, fall or leak out of the vehicle onto the street. All solid waste shall be transported by means of vehicles equipped with water-tight bodies fitted with close-fitting metal covers. Should any solid waste be dropped or spilled in collecting, transferring or transporting, it shall be immediately cleaned up. A broom and a shovel shall be carried on each vehicle at all times for such purpose.

E. The operator’s name and telephone number shall be printed or painted in legible letters, not less than six inches in height and four inches in width and shall be prominently displayed on each side of the vehicle in a color sharply contrasting with the color of the vehicle.

F. The noise level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed a single-event noise level of seventy-five decibels (dba) at a distance of twenty-five feet from the collection vehicle measured at an elevation of five feet above ground level. Each operator shall submit to the city, upon request, a certificate of vehicle noise level testing by an independent testing entity approved by the city.

G. Each vehicle used for the collection, hauling and disposal of solid waste shall be equipped with an audible warning device that is activated when the vehicle is backing up.

H. Should the city at any time give notification in writing to the operator that any designated vehicle does not comply with the standards of this chapter, such vehicle shall forthwith be removed from service by the operator and not again so used hereunder until inspected and approved in writing by the city. (Ord. 1497 § 1 (part), 1996)

8.20.110 Containers/bins.

A. Containers. Every person occupying or in possession of any premises in the city shall provide sufficient portable containers for solid waste to accommodate the amount of solid waste generated by those particular premises, as follows:

1. Residential. Containers shall be constructed of metal, hard rubber or plastic and shall be so constructed as not to permit the contents thereof to sift or pass through any opening therein, other than the top thereof. The containers shall have a capacity of not more than forty gallons and shall weigh, when placed for collection, not more than sixty pounds, including the container thereof. Heavy-duty plastic bags, of the type especially manufactured for solid waste collection, and trash compactor sacks may also be used provided they are securely tied, not perforated or split, and that the bag and its contents do not weigh more than sixty pounds. Grocery cartons and paper sacks are not acceptable solid waste containers. Placement of such containers shall comply with the provisions set forth in Section 18.42.130 of this code.

Upon the request of a residential premises owner or occupant, the operator shall provide roll-off service and other services reasonably related to the collection of solid waste.

2. Commercial. Containers shall be constructed of metal with tight-fitting lids constructed so as not to permit the contents to shift or pass through any opening therein, other than the top thereof. All containers/bins shall be stored in a refuse enclosure and shall have minimum inside, clear dimensions of five feet by seven feet and a height of six feet. Placement of said containers shall comply with the provisions as set forth in Section 18.42.130 of this code.

B. Solid Waste Not Suitable for Containers. Any solid waste not suitable for placement in a container may be placed for collection in the same manner and at the same place as designated for containers provided it is prepared in the following manner: it shall be securely tied in bundles not heavier than sixty pounds and not more than six feet in length and twenty-four inches in diameter.

C. Placement of Containers – Residential. Each container shall be kept on the premises except on the collection day for that premises. The containers shall be placed for collection on the curb of a public street adjacent to the premises or where the premises are adjacent to a paved alley of sufficient width to allow the easy passage of the collection vehicles and emergency vehicles, the containers may be placed within two feet of the rear property line of the premises provided the placement does not conflict with other provisions of the Gardena Municipal Code and shall be readily accessible for collection from the alley. Each container shall be placed for collection not later than the hour upon which the collection is scheduled to commence in the area in which the premises are located and shall not be placed for collection earlier than twenty-four hours prior to the time the collection is scheduled to commence. All containers shall be removed within twenty-four hours after collection. Except, during the time a container is placed for curbside collection, containers shall not be visible from the public right-of-way.

D. Placement of Containers – Commercial. Each container shall be placed in a manner that is accessible to collection and does not constitute an obstruction to public areas, right-of-way, or cause or contribute to littering or a nuisance and does not conflict with an area specifically designated for collection by the community development department, other city departments or Section 18.42.130 of this code.

1. An operator who has been notified by a commercial solid waste service recipient that commercial solid waste service is to be discontinued shall remove all of its commercial bins from the premises of the service recipient who is discontinuing service within one week following the receipt of notification that service is to be discontinued.

E. Securing of Containers. All solid waste containers left outdoors, whether residential or commercial, shall be stored with the tops closed or otherwise securely fastened and shall be maintained so that no solid waste or recyclable material placed therein shall be permitted to escape from the container. (Ord. 1497 § 1 (part), 1996)

8.20.120 Other prohibited activities.

A. It is unlawful for any person to deposit or bury, or cause or permit to be deposited or buried, within the city, any solid waste upon any premises, public or private.

B. It is unlawful for any person to interfere with the collection, conveyance, or disposal of solid waste.

C. No person, except the lawful operators as defined in this chapter, shall gather, collect, or transport solid waste/recyclable material within the city and exact charges for such services.

D. It is unlawful to deposit solid waste within or upon another person’s property or to use a container or bin for solid waste not attributable to the property upon which placement is based pursuant to this chapter.

E. It is unlawful for any property owner or occupant to allow solid waste and debris to be scattered or accumulate upon public right-of-way abutting his property.

F. It is unlawful for any person to cause or permit solid waste to accumulate at any place or premises under his charge or control for a period in excess of one week.

G. No person shall accumulate solid waste for more than seven consecutive days; nor shall any person keep upon any premises in the city any solid waste which is offensive, obnoxious or unsanitary.

H. No person shall burn any solid waste within the city, except in an approved incinerator or transformation facility or other device for which a permit has been issued by the city, and which complies with all applicable permit and other regulations of air pollution control authorities, and provided any such act of burning in all respects complies with all other laws, rules and regulations.

I. No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury or dispose into the environment any liquid or solid waste upon any premises within the city, or cause the same thereto except in an authorized or permitted solid waste container or at an authorized or permitted solid waste facility.

J. No person shall construct or operate a solid waste management facility including but not limited to a materials recovery facility, solid waste transfer or processing station, composting facility, a buy-back or drop-off center, disposal facility or recycling center without first satisfying all city requirement for land use, environmental and other approvals.

K. No person, other than the owner thereof or his agents or employees, or an officer or employee of the city, or operator, shall tamper or meddle with any container, or the contents thereof, or remove the contents of the container, or remove the container from the location where the container shall have been placed by the owner thereof or his agent.

L. No operator shall transfer the load from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the city manager, or is necessary owing to mechanical failure or accidental damage to a vehicle.

M. Commingling of solid waste materials collected within the city with solid waste collected from outside of city shall be prohibited. The provisions set forth in this subsection, shall not be applicable to any transfer or processing station, or material recovery facility, operating under a franchise granted pursuant to Section 8.20.180 of the Gardena Municipal Code.

N. Nothing in this chapter shall prevent any person from engaging in the collection of material for the sole purpose of the implementation of composting or other green waste recycling programs. (Ord. 1497 § 1 (part), 1996)

8.20.130 Time and frequency of collections.

A. Residential. Collection shall be made between the hours of seven a.m. and six p.m., Monday through Friday. In the case of a holiday, collection shall be made on the day following the regularly scheduled day of collection. During those weeks in which a holiday occurs, collection shall be made on the following Saturday.

B. Commercial. Collection from commercial premises where noise from collection vehicles may be audible in residential areas shall be made between the hours of seven a.m. and six p.m., Monday through Friday. Site and route-specific exceptions may be made to this limitation by the city manager if requested by operator. If collections are not made on holidays, the collection shall be made on the day following the regularly scheduled day of collection.

1. Solid waste within commercial zones shall be collected at least one time per week or as often as deemed necessary to protect the health and safety of persons within the area.

2. Commercial food preparation establishments shall cause all food waste to be collected and removed from the premises not less frequently than twice per week or as often as deemed necessary to protect the health and safety of those persons within the area. (Ord. 1497 § 1 (part), 1996)

8.20.140 Noise.

All collections shall be made as quietly as possible and in conformance with applicable city laws. (Ord. 1497 § 1 (part), 1996)

8.20.150 Indemnification and insurance.

A. Indemnification of City. Each operator shall defend, indemnify and hold harmless city, its elected officials, officers, employees, volunteers and agents from and against any and all losses, fines, penalties, claims, damages, liabilities or judgments, including attorneys fees, arising out of or resulting in any way from the operator’s conduct of business in the city or the city granting the operator the right to conduct such business.

B. Hazardous Substances Indemnification. Each operator shall defend, indemnify and hold harmless the city, its elected officials, officers, employees, volunteers and agents from and against any and all losses, fines, penalties, claims, damages, liabilities or judgments, including attorneys fees, arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance in any solid waste collected, transported, stored or disposed of by operator or its activities resulting in a release of hazardous substances into the environment. This indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, “CERCLA,” 42 U.S.C. Section 9607(e), and California Health and Safety Code Section 26364, to defend, protect, hold harmless and indemnify city from all forms of liability under CERCLA, other statutes or common law for any and all matters addressed in this section and shall be limited to the extent of the city’s liability. This provision shall survive the expiration of the period during which collection services are provided. The city may require, as a condition to issuance of a franchise or business license to an operator, that the operator sign and deliver to the city an agreement, on a form approved by the city attorney, to effectuate the indemnification provisions of this subsection. The city may further require that the operator pay a proportionate share of insurance premiums or self-insurance retention to insure city against the liability for which indemnification is required by this subsection.

C. CERCLA Defense Records. Each operator shall maintain data retention and preservation systems which can establish where solid waste collected in the city was landfilled (and therefore establish where it was not landfilled) with a copy or summary of the reports required by sections of this code, for fifty years after the term during which collection services are provided or to provide copies of such records to city. Operator agrees to notify city’s risk manager and city attorney before destroying such records. This provision shall survive the expiration of the period during which collection services are to be provided.

D. AB 939 and Other Applicable Legislation Indemnification. Each operator shall meet the requirements of city’s source reduction and recycling element with respect to the solid waste it collects within the city including but not limited to, compliance with the requirements set forth in the California Integrated Waste Management Act of 1989, any and all source reduction programs including recycling, composting, special waste, education and public information programs. Operator shall protect, defend, indemnify and hold harmless the city, its officers, agents or employees against all fines or penalties imposed by the California Integrated Waste Management Board in the event that: (i) the diversion, source reduction and recycling goals of AB 939 or other applicable legislation are not met by the city with respect to operator’s waste stream; or (ii) operator has delayed in providing information preventing city from submitting reports required by AB 939 or other applicable legislation in a timely manner. The city may require, as a condition to issuance of a franchise or business license, that the operator sign and deliver to the city an agreement, on a form approved by the city attorney, to effectuate the indemnification provisions of this subsection.

E. Worker’s Compensation Insurance. As required by Section 1860 of the Labor Code of the State, each operator shall secure payment of workers compensation to his employees in accordance with the provisions of Section 3700 of the Labor Code of the State. Each operator shall supply to the city the certificate required by Section 1861 of said labor code.

F. Liability Insurance. Each operator shall procure and maintain public liability and property damage insurance with coverage limits not less than:

Bodily injury, property damage and personal injury liability: two million dollars per occurrence for bodily injury, personal injury and property damage.

Automobile liability: two million dollars per accident for bodily injury and property damage.

1. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

a. The city, its officers, officials, employees, agents and volunteers (“additional insureds”) are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the operator, products and completed operations of the operator; premises owned, occupied or used by the operator; or vehicles owned, leased, hired or borrowed by the operator. The coverage shall contain no special limitations on the scope of protection afforded to the city, its officers, officials, employees, agents or volunteers.

b. Insurance coverage shall be primary over any other valid and collectible insurance available to the city. Any insurance maintained by the city shall be excess of the operator’s insurance and shall not contribute with it.

c. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the additional insured.

d. Insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

e. Coverage shall not be suspended, voided or canceled except after thirty days’ prior written notice by certified mail, return receipt requested, given to the city.

2. Insurance is to be placed with insurers which are California admitted (licensed) companies, approved by the state of California Department of Insurance and which have a current A.M. Best’s rating of no less than A-XIII.

3. Prior to commencing or conducting business within the city the operator shall file with the city clerk original endorsements effecting the liability coverage required by this section. In addition, the city shall have the right of inspection of all insurance policies required. Each operator shall also establish an insurance policy repository and maintain copies of insurance policies required for one hundred years after the end of the term during which collection services are provided. Operator shall notify city’s risk manager and city attorney before destroying copies of such policies. This provision shall survive the expiration of the period during which collection services are provided. (Ord. 1520 § 1, 1997; Ord. 1497 § 1 (part), 1996)

8.20.160 Reporting requirements.

A. Each operator shall maintain all records relating to the services provided hereunder, including, but not limited to, route maps, customer lists, billing records, weight tickets, maps, AB 939 records, and customer complaints, for the full term during which collection services are provided, and an additional period of not less than three years, or any longer period required by law. The city shall have the right, upon reasonable advance notice, to inspect, audit and copy all records which may be relevant to operations within the city or relating to the imposition of any fees which may imposed by the city. In the absence of extraordinary circumstances, two business days’ notice shall be considered reasonable. Such records shall be made available to city at operator’s regular place of business, but in no event outside the county of Los Angeles.

B. Should any examination or audit of operator’s records reveal an underpayment to city by operator, the amount, plus interest compounded daily at the maximum lawful rate, shall be paid to city within thirty days.

C. Reporting Requirements. Operator shall cooperate with city and or designated consultants in solid waste disposal characterization studies and waste stream audits and shall implement measures adequate to achieve the city’s source reduction, recycling and waste stream diversion goals for the solid waste stream. Operator, at its own expense, shall submit to city information and reports necessary for city to meet its reporting obligations imposed by AB 939 and/or other legislation, and the regulations implementing AB 939 and/or other legislation, with respect to the solid waste collected by operator in the city.

D. Reports and Records.

1. Monthly, Quarterly and Annual Reports. In addition to reports required by other provisions, operator shall also submit to city such other information or reports in such forms and at such times as the city may reasonably request or require or as set forth by resolution or incorporated into the city’s solid waste hauler/recycler manual as may be amended from time to time.

2. Source Reduction and Recycling Plan (“SRRP”). Operator shall be required to submit an annual SRRP that is exclusive to the city. Each SRRP will be reviewed in detail to ensure that it meets the state-mandated requirements as established by AB 939 or other legislative requirements. The SRRP should examine in detail how the operator will accomplish these goals. The SRRP must include but is not limited to: (1) targeted materials including special wastes for source reduction, recycling and composting; (2) hazardous waste exclusion plan; (3) diversion methods; (4) reporting methodology; (5) contingency plans; and (6) methods for the handling of white goods including CFC removal, PCB removal and compliance with the requirements of Public Resources Code Sections 42160-42185.

E. Hazardous Waste Inspection and Reporting. Operator shall inspect solid waste put out for collection and reject solid waste observed to be contaminated with hazardous substances. Operator shall notify all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center, of reportable quantities of hazardous waste, found or observed in commercial solid waste anywhere within the city. In addition to other required notifications, if operator observes any substances which it or its employees reasonably believe or suspect to contain hazardous wastes unlawfully disposed of or released on any city property, including storm drains, streets or other public rights-of-way, operator will immediately notify the city manager.

F. Hazardous Waste Diversion Records. Operator shall maintain records showing the types and quantities, if any, of hazardous waste found in solid waste which was inadvertently collected from solid waste service recipients within the city, but diverted from landfilling.

G. Reports. All required reports and records shall be furnished at the sole expense of operator. Reports shall be submitted to the city manager. Operator shall submit all reports and information required on computer disks, or by modem, in a format compatible with city’s computers, at no additional charge, if requested by city.

H. Certification. All reports provided herein shall be signed under penalty of perjury, by a responsible corporate official, that the report is true and correct.

I. The city shall reserve the right to require all commercial, industrial, institutional or other entities to comply with the conditions of the section should the city deem that the activities engaged in by the entity are of significant levels to warrant reporting.

J. C&D Waste Diversion Plan. Contractors are required to prepare and follow a C&D Waste Diversion Plan that identifies the activities to be conducted during the course of the construction and/or demolition project to assure conformance with the City’s requirement that 50% of regulated C&D Wastes must be diverted. The plan shall include but is not limited to a description of the following aspects: (1) targeted materials including special wastes for diversion, (2) diversion methods, (3) reporting methodology, (4) employee training, and (5) a contingency plan in the event that diversion methods are inadequate or infeasible for implementation. The C&D waste diversion plan shall be prepared and submitted to the city for review and approval with the building and/or demolition permit application. The contractor shall follow this plan and its activities are subject to city inspection for verification.

K. C&D Waste Diversion Report. Contractors are required to prepare and submit a C&D waste diversion report within sixty days of completion of the project to the city for review and approval. This report shall contain information documenting the good faith effort of the contractor to meet the C&D waste diversion plan, and demonstrating conformance with the fifty percent diversion requirement. The report shall contain as a minimum a completed “Waste Diversion Report Form,” originals or copies of all weight tickets or receipts documenting both disposal and diversion, and any other information attesting to or verifying the implementation of diversion activities. (Ord. 1649 § 5, 2004; Urg. Ord. 1648 § 5, 2003; Ord. 1497 § 1 (part), 1996)

8.20.170 Recycling services.

A. Recycling services shall be provided to all residential, multifamily, commercial, industrial and other entities throughout the city. Any costs associated with the implementation of such programs shall not exceed those rates as established by the city or those rates identified by industry standards for the same services, whichever is less.

B. At least once each year, operator shall provide to its customers a current listing of recyclable materials said operator will collect and process through material recovery facilities, in order to maximize the diversion of solid waste from landfills (said list may be subject to the approval of the city using the best efforts standard to determine the extent of marketable material listed).

C. No person, other than the owner thereof or his agents or employees, or any officer or employee of the city, or operator shall collect or tamper with any recyclable materials in any container from any residential and/or commercial source. Scavenging of recyclable materials is prohibited.

D. Right of Individual to Dispose of Recyclable Solid Waste. Nothing in this chapter shall limit the right of any person, organization or other entity to donate, sell or otherwise dispose of any recyclable solid waste owned by that person, organization or other entity, provided that any such donation, sale or other disposal is in accordance with the provisions of this chapter.

E. Civil Action by Authorized Recycling Agent. Nothing in this chapter shall be deemed to limit the right of an authorized recycling agent to bring a civil action against any persons who violate California Public Resources Code Sections 41950 through 41951, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling agent.

F. Each solid waste collection franchisee must achieve the fifty percent diversion goal for any applicable city-sponsored project or regulated project for which the franchisee collects and hauls waste. (Ord. 1653 § 3, 2004; Ord. 1649 § 6, 2004; Urg. Ord. 1648 § 6, 2003; Ord. 1497 § 1 (part), 1996)

8.20.180 Violations – Misdemeanors.

The violation of any provision of this chapter shall constitute a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by fine exceeding one thousand dollars, or both. Each separate day, or any portion thereof, during which any violation of this chapter occurs or continues shall constitute a separate offense and, upon conviction thereof, shall be punishable as provided in this section. (Ord. 1497 § 1 (part), 1996)