Chapter 5.52
SOLID WASTE HANDLING AND RECYCLING SERVICES

Sections:

Article I. General Provisions

5.52.010    Title.

5.52.020    Findings and intent.

5.52.030    Definitions.

Article II. Franchises, Fees and Rates

5.52.040    Franchise requirement.

5.52.050    Collector franchise fee.

5.52.060    Transfer of franchise.

5.52.070    Revocation of permit or franchise.

5.52.080    Interim suspension.

5.52.090    Notice of hearing – Revocation.

5.52.100    Appeals.

5.52.110    Council action.

5.52.120    Rates.

5.52.130    Billing and collection of rates, fees and charges.

5.52.140    Permits and licenses.

Article III. Contents of Franchise Agreements

5.52.150    Authorization by City Council – Resolution of conflicts.

Article IV. Exclusions

5.52.160    Residential householder exclusion.

5.52.170    Gardener’s exclusion.

5.52.180    Commercial/industrial exclusions.

5.52.190    Contractor’s exclusions.

5.52.200    Document destruction service.

Article V. General Requirements

5.52.210    Litter.

5.52.220    Transfer of loads on public streets.

5.52.230    Unauthorized removal from containers.

Article VI. Residential Collection and Recycling

5.52.240    Residential collection – Mandatory service – Exception.

5.52.250    Residential collection – Disposal and status of solid waste or recyclable materials.

5.52.260    Residential collection – Frequency.

5.52.270    Residential collection – Solid waste containers.

5.52.280    Residential collection – Recycling containers.

5.52.290    Residential collection – Placement and removal of containers.

5.52.300    Residential collection – Care of containers.

5.52.310    Residential collection – Special collection services.

Article VII. Commercial/Industrial Collection

5.52.320    Commercial/industrial exclusive franchise.

5.52.330    Commercial/industrial – Disposal and status of solid waste.

5.52.340    Commercial/industrial – Frequency and hours of collection.

5.52.350    Commercial/industrial – Containers.

5.52.360    Commercial/industrial – Maintenance and placement of containers.

5.52.370    Commercial/industrial – Care of containers.

5.52.380    Commercial/industrial – Special circumstances.

Article VIII. Nonexclusive Franchises for Commercial/Industrial Solid Waste Handling Services

5.52.390    Conversion of permits to nonexclusive franchises.

5.52.400    Contents of nonexclusive franchise agreements.

Article I. General Provisions

5.52.010 Title.

This chapter shall be known and may be cited as the “solid waste handling and recycling services ordinance” of the City. (Ord. 977 § 1, 1992)

5.52.020 Findings and intent.

(A) The City Council finds and determines as follows:

(1) In order to meet the requirements of the California Integrated Waste Management Act of 1989, including source reduction of the solid waste stream, diversion of solid waste from landfills, and conservation of natural resources, it is necessary to regulate the collection of solid waste from commercial/industrial premises, as well as residential premises, and to encourage recycling of solid waste materials.

(2) The mandates of the Environmental Protection Agency, the Southern California Air Quality Management District, and other regulatory agencies, with respect to air pollution and traffic congestion management require the regulation, and, where possible, reduction in the number, of waste collection vehicles and vehicle trips which cause the discharge of air contaminants and create air pollution.

(3) A reduction in the number of heavy waste collection vehicles using the City streets daily will reduce traffic hazards and congestion and promote safety.

(4) The storage, accumulation, collection and disposal of solid waste in, without limitation, garbage, trash, debris and other discarded materials is a matter of substantial public concern in that improper control of such matters may create a public nuisance, air pollution, fire hazard, rat and insect infestation and other problems affecting the public health, safety and welfare.

(5) Regulation of the collection of garbage, refuse and other discarded materials from all residential, commercial and industrial properties within the City will provide the most orderly and efficient solution to such problems and will promote the public health, safety and welfare.

(6) The regulation of solid waste handling services in the City will also promote the public health, safety and welfare by requiring the use of newer and safer vehicles, the regular maintenance of such vehicles, and the reduction of spillage and litter in the public streets, by establishing accountability for the cleaning of refuse bins and containers, and by providing for accountability to the public.

(7) The public health, safety and welfare will best be served by providing for an exclusive franchise for residential refuse collection services, and for commercial and industrial refuse collection services, subject to the limited continuation rights of certain existing commercial/industrial collectors which are providing solid waste handling services pursuant to permits previously authorized by the City and which are qualified, under Public Resources Code Sections 49520 and 49521, to continue such services for five years following notice given pursuant to said Section 49520. Such five-year period expires on March 31, 1997.

(B) This chapter is enacted by the City Council pursuant to the following statutory authorization and in order to accomplish the objectives set forth in this section:

(1) Public Resources Code Section 40059 authorizes the City to determine (i) all aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling services; and (ii) whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding.

(2) Public Resources Code Section 49300 provides that the City may, pursuant to such terms and conditions as may be prescribed by its legislative body, contract for the collection or disposal, or both, of garbage, waste, refuse, offal, trimmings, or other refuse matter.

(3) Public Resources Code Section 49501 provides that the City may take action, whether by franchise, contract, license, permit, or otherwise, whereby the City itself, or one or more other local agencies or solid waste enterprises is authorized or permitted to have the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the City.

(4) It is the intent of this chapter to set forth terms and conditions pursuant to which authorization may be granted by the City Council to provide solid waste handling services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods and material.

(5) This chapter shall be construed in a manner consistent with all applicable federal and state laws. If any federal or state agency shall hereafter exercise any paramount jurisdiction over any specific provisions of this chapter, such paramount jurisdiction shall preempt or preclude the exercise of like jurisdiction by the City. Modification of a federal or state law or regulation shall, to the extent applicable to the City, be deemed a part of this chapter as of the effective date of such modification. (Ord. 977 § 1, 1992)

5.52.030 Definitions.

(A) For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:

“City Manager” means the City Manager of the City of Palmdale (“City”) or the City Manager’s designee.

“Collection” means the operation of gathering together within the City, and transporting by means of a motor vehicle to the point of disposal or processing, any solid waste or recyclable materials.

“Collector” means any person who has been awarded an exclusive franchise to provide residential or commercial/industrial solid waste or recyclable materials collection services in the City, or who, prior to the effective date of the ordinance codified in this chapter, has been issued a permit or nonexclusive franchise to operate as a commercial/industrial solid waste collector until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code.

“Commercial/industrial business owner” means any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others, commercial/industrial premises, whether or not it is the holder of the title or the owner of record of the commercial/industrial premises.

“Commercial/industrial collector” means a collector providing solid waste collection services to commercial/industrial premises, including construction or demolition sites.

“Commercial/industrial premises” means all occupied real property in the City, except property occupied by federal, state or local governmental agencies which do not consent to their inclusion, and except residential premises as defined in this section, and shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional services, sports or recreational facilities, construction and demolition sites, and any other commercial or industrial business facilities, structures, sites, or establishments in the City.

“Construction site or demolition site” means any real property in the City in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be removed from the property, and requires the use of commercial refuse containers (two-, three-, four-, six- or eight-yard containers) or 10-, 15-, 25-, 30- or 40-yard roll-off boxes.

“Construction or demolition waste” means any solid waste or debris generated as the result of construction or demolition, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

“Disposal” means the complete operation of treating and disposing of solid waste after the collection thereof.

“Exclusive solid waste handling services” means any action by the City Council, whether by franchise, contract, license, permit, or otherwise, whereby the City itself, or one or more other local agencies or solid waste enterprises, has the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the City.

“Hazardous waste” means and includes waste defined as hazardous by Public Resources Code Section 40141, namely, a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following: (i) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. “Hazardous waste” includes extremely hazardous waste and acutely hazardous waste, and such other waste as may hereafter from time to time be designated as such by the Environmental Protection Agency (“EPA”) or other agency of the United States Government, or by the California Legislature or any agency of the state of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.

“Holiday” means: New Year’s Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. “Holiday” also means any other day designated as such in a contract between a collector and the labor union serving as the exclusive representative of said collector’s employees, provided such holiday is established or recognized by resolution of the City Council.

“In the City” or “within the City” means within the limits of the City as such limits exist on the effective date of the ordinance codified in this chapter or may thereafter exist by virtue of the annexation of territory to or detachment of territory from the limits of the City as they exist on the effective date of the ordinance codified in this chapter.

“Manure” means the waste droppings from any animal not disposed of through sewers.

“Person” means any individual, association, firm, partnership, corporation, or any other group or combination thereof acting as a unit.

“Processing” means the reduction, separation, recovery and conversion of solid waste.

“Public agency” means any governmental agency or department thereof, whether federal, state, or local.

“Recyclable materials” means the following materials generated on or emanating from residential or commercial/industrial premises and no longer useful or wanted thereon; glass bottles and jars; any food or beverage container (excluding ceramics and chemical containers); aluminum cans, foil, pie tins and similar items (excluding dirt or organic material); steel or bimetal cans not to exceed one gallon size; PET – plastic soda bottles or other bottles with the designated “PET” symbol; HDPE – plastic milk and water bottles with the designated “HDPE” symbol (excluding detergent or bleach bottles and other plastic products); newspaper; cardboard – separated and not having waxed surfaces; computer printout (excluding carbon); and white ledger – white bond paper, office paper, white envelopes (excluding coated paper); and such additional materials as the City Council may designate from time to time.

“Recycling” 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 does not include transformation as defined in Public Resources Code Section 40201.

“Recycling container” means a container which is provided to residential premises for use in collecting and moving recyclable materials to curbside for collection by the collector, of a container which is provided to commercial/industrial premises for use by the collector in collecting and moving recyclable materials.

“Residential collector” means the collector which collects solid waste and recyclable materials from residential premises under an exclusive contract or franchise.

“Residential householder” means any person or persons holding or occupying residential premises in the City, whether or not the owner of such residential premises.

“Residential owner” means the owner of any residential premises within the City.

“Residential premises” means any residential dwelling unit within the City, including, without limitation, multiple unit residential complexes, such as rental housing projects, condominiums, apartment houses, mixed condominiums and rental housing, and mobile home parks.

“Resource recovery” means any use of refuse or solid waste collected pursuant to this chapter; except for landfill disposal or transfer for landfill disposal. “Resource recovery” includes, but is not limited to, transformation, composting, and multimaterial recycling.

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential premises or commercial/industrial premises, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes, as defined in Public Resources Code Section 49503, excluding liquid wastes and abandoned vehicles; provided, however, that “solid waste” shall not include hazardous waste.

“Solid waste container” means any vessel, tank, receptacle, box or bin permitted to be used for the purpose of holding solid waste for collection.

“Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste handling services.

“Solid waste handling services” means the collection, transportation, storage, transfer, or processing of solid wastes for residential, commercial, institutional, or industrial users or customers.

“Special collection services” means the removal by a collector of oversized or overweight household articles placed curbside by a residential householder or owner, which oversized or overweight household articles have weights, volumes or dimensions which cannot be accommodated by solid waste containers for residential premises, such as stoves, refrigerators, water heaters, washing machines, furniture, sofas, mattresses, box springs and large rugs.

“Standard commercial/industrial solid waste container” means a state-of-the-art bin or solid waste container used in connection with commercial/industrial premises with a two-, three-, four-, six- or eight-cubic-yard capacity, designed for mechanical pick-up by collection vehicles and equipped with a lid, or where appropriate for the commercial/industrial premises being served, a 15‑, 25-, 30-, 40- or 50-cubic-yard roll-off box or compactor, and shall include other types of containers suitable for the storage and collection of commercial/industrial solid waste if approved in writing by the City Manager.

“Standard residential solid waste container” means a standardized roll-away container with a locking lid, made of metal, hard rubber or plastic and having an approximate capacity of 90 gallons, and of a design, color and durability as approved by the City Manager.

(B) Nothing contained in this section shall be deemed to preclude the City and any solid waste enterprise from incorporating into any agreement for exclusive solid waste handling services definitions relating to their respective contractual rights and obligations which may differ from or augment those set forth herein. (Ord. 977 § 1, 1992)

Article II. Franchises, Fees and Rates

5.52.040 Franchise requirement.

No person shall collect or dispose of solid waste in the City unless such person has been awarded a solid waste collector franchise and has entered into a franchise agreement with the City, except as otherwise specifically provided in this chapter. No person shall collect recyclable materials generated on or emanating from residential premises in the City unless such person has been awarded a residential recycling franchise and has entered into a franchise agreement with the City. Any such solid waste or residential recycling franchise shall be in addition to any business license or permit otherwise required by this code. No permit issued by any other governmental agency authorizing collection of solid waste or residential recycling materials shall be valid in the City. Commercial/industrial collectors operating in the City on the effective date of the ordinance codified in this chapter under a permit or a nonexclusive franchise agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code. (Ord. 977 § 1, 1992)

5.52.050 Collector franchise fee.

Each collector shall pay a franchise fee in an amount determined by resolution of the City Council or established in the franchise agreement authorizing the collection of solid waste or recyclable materials. (Ord. 977 § 1, 1992)

5.52.060 Transfer of franchise.

No solid waste collector permit or franchise which is authorized by, subject to, or issued under the provisions of this chapter shall be transferred, delegated, sublet, subcontracted to or assigned to another person without the prior approval of the City Council. This restriction includes the transfer of ownership or the majority of the ownership or control of the permittee or the franchisee, and the transfer of a majority of the permittee’s or franchisee’s stock to another person. (Ord. 977 § 1, 1992)

5.52.070 Revocation of permit or franchise.

After a hearing as provided in this chapter, the City Manager may revoke or suspend any solid waste collector permit or franchise for violation of a provision of this chapter or any other applicable law, ordinance, or regulation of any public agency. (Ord. 977 § 1, 1992)

5.52.080 Interim suspension.

The City Manager, without a hearing, may suspend a franchise or a permit for not more than 60 days, if the City Manager finds that continued operation by the franchisee or permittee will constitute a threat to the public health, safety, or general welfare. (Ord. 977 § 1, 1992)

5.52.090 Notice of hearing – Revocation.

The City Manager shall mail notice of a hearing to revoke a solid waste permit or franchise to the collector not less than 15 days prior to such hearing. In the event of the revocation of a franchise or a permit, the City Manager shall notify the collector in writing of the reasons for the revocation. Such notification may be made in person or by mail. (Ord. 977 § 1, 1992)

5.52.100 Appeals.

Within 15 calendar days after notice by the City Manager of revocation of a solid waste permit or franchise has been sent to the collector, the collector may file with the City Clerk an appeal of such decision to the City Council. (Ord. 977 § 1, 1992)

5.52.110 Council action.

The City Council may either affirm the action of the City Manager, send the matter back to the City Manager for further consideration, or set the matter for hearing by the City Council. If the City Council sets the matter for hearing, it shall base its action upon the standards delineated in PMC 5.52.070. Notice of such hearing shall be sent to the collector not less than 15 days prior to the hearing. (Ord. 977 § 1, 1992)

5.52.120 Rates.

The City Council may, by resolution, establish rates to be charged to residential householders and to commercial/industrial business owners for the collection of solid waste and recyclable materials. The City Council may, by resolution, establish or adjust the rates charged by those commercial/industrial collectors which, upon the effective date of the ordinance codified in this chapter, are operating in the City pursuant to permits or nonexclusive franchise agreements. No collector shall charge any rate or fee which is greater or less than the permissible maximum or minimum rate established by the City Council, unless otherwise authorized in this chapter. Every commercial/industrial business owner and residential householder or owner shall pay the rates established from time to time by the City Council for collection services rendered pursuant to this chapter in the manner set forth in PMC 5.52.130. The City Council shall establish such rate categories as may be appropriate for collection services provided by any commercial/industrial collector. (Ord. 977 § 1, 1992)

5.52.130 Billing and collection of rates, fees and charges.

(A) The billing and collection of the rates, fees and charges authorized by the City Council for residential solid waste handling services shall be the responsibility of the franchised residential collector, and the City shall have no liability or responsibility therefor.

(B) Every commercial/industrial collector shall be solely responsible for collecting the charges for such collector’s services for providing such commercial/industrial collections as may be authorized by this chapter, and the City shall have no liability or responsibility for collection. (Ord. 977 § 1, 1992)

5.52.140 Permits and licenses.

Every collector shall obtain and maintain at all times during the collector’s operations a business license issued by the City, and all applicable permits and licenses required by any public agency having jurisdiction. (Ord. 977 § 1, 1992)

Article III. Contents of Franchise Agreements

5.52.150 Authorization by City Council – Resolution of conflicts.

(A) The City Council may authorize, by franchise, contract, license or permit, a solid waste enterprise to provide solid waste handling services for residential, commercial, institutional, or industrial users or customers.

(B) In the sole discretion of the City Council, the solid waste handling services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the City.

(C) The terms and provisions of any franchise agreement for solid waste handling services may relate to or include, without limitation, the following subject matters:

(1) The nature, scope and duration of the franchise;

(2) The collection schedule, including the frequency, days and hours of collection;

(3) The applicable franchise fee, including the amount, method of computation, and time for payment;

(4) The applicable rates, fees and charges for regular, special and emergency collection services, including the method of setting and adjusting same, and responsibility for billing and collecting same;

(5) Collection vehicles, including the permissible size and color, and any required identification, safety equipment, maintenance, inspection, and operational requirements;

(6) The receipt, processing and reporting of customer inquiries and complaints;

(7) The collection of solid waste from publicly owned property and facilities;

(8) Performance standards for the collector’s personnel and equipment;

(9) Solid waste and recycling containers, including size, repair or replacement, handling, placement, obligations of the collector to provide, and permissible charges therefor;

(10) Standards and procedures for periodic performance reviews by the City;

(11) Noise attenuation policies and procedures;

(12) The maintenance by the collector of an office for the conduct of business;

(13) Policies and procedures relating to the noncollection of solid waste, the composting of green waste, the collection of recyclable materials, and resource recovery;

(14) Requirements relating to comprehensive liability insurance and workers’ compensation insurance;

(15) Requirements relating to the dissemination of information to the public concerning regular and special solid waste collection and recycling services;

(16) Actions or omissions constituting breaches or defaults, and the imposition of applicable penalties, liquidated damages, and other remedies, including suspension, revocation or termination;

(17) Requirements relating to performance bonds and to indemnification;

(18) Requirements relating to affirmative-action programs;

(19) Requirements relating to record keeping, accounting procedures, reporting, periodic audits, and inspection of records;

(20) Requirements relating to the assignment, transfer and renewal of the franchise;

(21) Requirements relating to compliance with and implementation of state and federal laws, rules or regulations pertaining to solid waste handling services, and to the implementation by the City of state-mandated programs, including, without limitation, the City’s “source reduction and recycling element” and the City’s “household hazardous waste element”;

(22) Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the franchise agreement and which will, in the judgment and discretion of the City Council, best serve the public interest and protect the public health, safety and welfare.

(D) In the event of any conflict between the provisions of a franchise agreement which is authorized and approved by the City Council and the provisions of this chapter, the provisions of the franchise agreement shall control. (Ord. 977 § 1, 1992)

Article IV. Exclusions

5.52.160 Residential householder exclusion.

No provision of this chapter shall prevent residential householders from collecting and disposing of occasional loads of solid waste generated in or on their residential premises, or from composting green waste, or from selling or disposing of recyclable materials generated in or on their residential premises; provided, however, that no residential householder shall employ or engage any solid waste enterprise, other than the franchised residential collector, to haul or transport such materials to a transfer station or landfill. (Ord. 977 § 1, 1992)

5.52.170 Gardener’s exclusion.

No provisions of this chapter shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of grass cuttings, prunings, and similar material not containing other solid waste as an incidental portion of providing such gardening, tree trimming or similar services. (Ord. 977 § 1, 1992)

5.52.180 Commercial/industrial exclusions.

(A) Source-Separated Recyclables.

(1) No provision of this chapter shall prevent a commercial/industrial business owner from selling to a buyer, for a monetary or other valuable consideration, any source-separated recyclables, including, without limitation, any saleable scrap, discard, reject, by-product, ferrous or nonferrous metal, worn out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a commercial/industrial premises or business, and no longer useful to such commercial/industrial business but having market value, whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce; provided, however, that such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station (as defined in Public Resources Code Section 40200). “Source-separated recyclables” within the meaning of this section shall mean recyclable materials separated on the commercial/industrial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste, and having a market value.

(2) No provision of this chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce and which is not engaged in the business of collecting solid waste or providing solid waste collection services for a fee or other charge, or consideration, from buying any materials referenced in this section for a monetary or other valuable consideration, and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200); nor shall any provision of this chapter prevent such recycler, junk dealer or enterprise which buys such materials from removing and transporting such materials to a destination for marketing in the stream of commerce. No such buyer shall buy or transport such materials without prior authorization from the City, as required by this code, whether in the form of a business license, a business permit, or a nonexclusive franchise agreement.

(B) Renovation, Rebuilding, Repairs. No provision of this chapter shall prevent a commercial/industrial business owner from arranging for any worn, spent, or defective equipment, or part thereof, used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such commercial/industrial business owner; nor shall any provision of this chapter prevent any person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing such equipment or part thereof, from transporting the same from or returning it to the commercial/industrial business, or from removing, transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract. (Ord. 977 § 1, 1992)

5.52.190 Contractor’s exclusions.

No provision of this chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or demolition waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract; provided, however, that if a subcontractor is to be engaged to remove such demolition waste, the exclusive franchised collector shall have the right of first refusal to provide such services. If the exclusive franchised collector cannot guarantee that such services will be provided within a period of 24 hours, then the City Manager may authorize the licensed contractor or the owner of the premises to utilize the services of another duly authorized solid waste enterprise. (Ord. 977 § 1, 1992)

5.52.200 Document destruction service.

No provision of this chapter shall prevent any person engaged in the business of destroying or disposing of secret, confidential or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating, or other means, as a part of such document destruction or disposal service. (Ord. 977 § 1, 1992)

Article V. General Requirements

5.52.210 Litter.

Any person who deposits or causes to be deposited any solid waste or recyclable materials on the public right-of-way or on private property within public view, except in a container provided therefor as herein specified, shall, not later than 24 hours after receipt of notice from any duly authorized officer or employee of the City, sweep up and remove the same. (Ord. 977 § 1, 1992)

5.52.220 Transfer of loads on public streets.

No person shall transfer solid waste or recyclable materials 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. (Ord. 977 § 1, 1992)

5.52.230 Unauthorized removal from containers.

No person other than the collector which provides collection services at residential premises, or the residential owner or householder occupying the residential premises in or upon which a solid waste container or recyclable materials container is placed at curbside for collection, shall remove any material from such container. (Ord. 977 § 1, 1992)

Article VI. Residential Collection and Recycling

5.52.240 Residential collection – Mandatory service – Exception.

(A) Subject to the exception set forth in subsection (B) of this section, every residential householder or residential owner must use the services of the collector having the exclusive franchise for collecting solid waste or recyclable materials.

(B) The mandatory service specified in subsection (A) of this section is not applicable to any residential householder or residential owner who is concurrently operating a business in the City under a current business license or business permit, and who has an existing contract with the exclusive franchised collector for commercial or industrial solid waste handling and recycling services.

(C) No residential householder or residential owner may enter into an agreement for residential refuse or recyclable materials collection services with a vendor other than the City’s exclusive franchisee. (Ord. 1123 § 1, 1998; Ord. 977 § 1, 1992)

5.52.250 Residential collection – Disposal and status of solid waste or recyclable materials.

(A) Solid Waste. All solid waste collected by a collector shall be disposed of by the collector in accordance with all applicable federal, state and local laws and regulations.

(B) Recyclable Materials. Upon placement at the residential curbside for collection, all recyclable materials shall become the property of the collector holding the exclusive franchise for residential collection services. (Ord. 977 § 1, 1992)

5.52.260 Residential collection – Frequency.

The residential collector shall collect all solid waste and recyclable materials placed for collection in compliance with this chapter from each occupied residential premises in accordance with a schedule which has been approved by the City Manager. Said schedule shall identify the routes and days of pick up for each collection district established within the City. Unless otherwise approved by the City Council, collection of solid waste shall take place no less than once each calendar week. Collection of recyclable materials shall take place no less than once each calendar week. Not more than seven days shall elapse between collections of solid waste collections, nor between collections of recyclable materials. No collections from residential premises shall be made between the hours of 6:00 p.m. and 6:00 a.m. on the next day. (Ord. 977 § 1, 1992)

5.52.270 Residential collection – Solid waste containers.

Subject to the prior approval of the City Manager, the collector shall provide standard residential solid waste containers to each residential householder and may include the costs thereof in the monthly collection rate. Notwithstanding the foregoing, a residential householder may provide additional solid waste containers sufficient to accommodate the amount of solid waste generated by the residential premises; provided, however, that such containers shall be compatible with the collector’s collection equipment. Such additional containers shall be the property of the residential householder. No cardboard box or paper bag may be used as a container for solid waste. (Ord. 977 § 1, 1992)

5.52.280 Residential collection – Recycling containers.

The collector shall provide each residential premises with at least one recycling container. If one recycling container is inadequate, the collector shall provide one or more additional recycling containers upon request, and at no charge to the residential householder. (Ord. 977 § 1, 1992)

5.52.290 Residential collection – Placement and removal of containers.

Every residential householder shall place each solid waste container and recycling container for collection at the curb in front of the premises, or at the curb at the side of the premises where the premises are adjacent to more than one street. When the premises are adjacent to a paved alley with a minimum width of 15 feet, the residential householder shall place the container within two feet of the rear property line for collection. No person shall place any such container for collection more than 24 hours before collection is scheduled to commence in the district, or leave any such container at the place of collection after 10:00 p.m. on the day of collection, or more than two hours after actual collection, whichever is later. Such containers shall not be located within the front yard setback and shall be regulated by Chapter 8.36 PMC. (Ord. 1120 § 10, 1998; Ord. 977 § 1, 1992)

5.52.300 Residential collection – Care of containers.

Upon collection, all solid waste containers shall be replaced, by the collector, upright, where found, with the lids replaced, and all recycling containers shall be replaced in an upright or upside down position, at the location where found by the collector. (Ord. 977 § 1, 1992)

5.52.310 Residential collection – Special collection services.

The franchised residential collector shall provide, upon request from a residential householder, special collection of solid waste, at such rates as may be approved by the City and at such times as may be agreed upon by the collector and the person requesting the service. If no agreement is reached, such special collections shall be provided as determined by the City Manager. (Ord. 977 § 1, 1992)

Article VII. Commercial/Industrial Collection

5.52.320 Commercial/industrial exclusive franchise.

(A) All solid waste collected from commercial/industrial premises for a fee, service charge, or other consideration, shall be collected by a solid waste enterprise under the provisions of an exclusive franchise awarded by the City Council (“franchised collector”), subject only to the limited continuation rights of certain qualified collectors which, upon the effective date of the ordinance codified in this chapter, are operating under a permit or a nonexclusive franchise agreement, and which collectors have been given written notification as required by Public Resources Code Section 49520.

(B) No person, firm, corporation or solid waste enterprise, other than those referenced in subsection (A) of this section, shall negotiate or contract for, undertake to receive, collect or transport solid waste from within the City for a fee, service charge or other consideration, except as specifically provided herein.

(C) Except as otherwise provided in this chapter, each commercial/industrial business owner shall utilize the services of the franchised collector for the collection of solid waste from the commercial/industrial premises held or occupied by such commercial/industrial business owner and shall pay for such services the fees approved by the City Council. No commercial/industrial business owner shall enter into an agreement for solid waste handling services with any person, firm, or corporation other than the franchised collector, except as otherwise provided in this chapter.

(D) Nothing in this chapter shall prevent a commercial/industrial business which has its own recycling or resource recovery program for recyclable materials generated by such business and not utilizing a commercial or industrial solid waste enterprise (as defined in Public Resources Code Section 40193) which provides collection services for a fee, service charge, or other consideration, from continuing such recycling or resource recovery program, and the recyclable materials included in such program are excepted from the exclusive franchise between the City and the franchised collector.

(E) Notwithstanding the provisions of subsection (B) of this section, certain solid waste enterprises that have been authorized by permit or by a nonexclusive franchise agreement to provide solid waste handling services for commercial/industrial premises in the City may continue to provide these services until March 31, 1997, or until the rights thereunder are earlier terminated or revoked, or expire pursuant to the provisions of Section 49520 of the Public Resources Code. Such solid waste enterprises are hereinafter referred to as “excepted collectors.”

(F) The exclusive franchise of the franchised collector shall not preclude a commercial/industrial business served by an excepted collector from continuing to use the solid waste handling services of such excepted collector until the rights of such excepted collector to operate in the City are terminated or revoked or have expired; provided, however, if the rights of an excepted collector to provide such services to a commercial/industrial business owner are terminated or revoked for any reason, said business owner shall not use the services of any collector other than the exclusive franchised collector. (Ord. 977 § 1, 1992)

5.52.330 Commercial/industrial – Disposal and status of solid waste.

The commercial/industrial collector shall collect and dispose of all solid waste generated and presented for collection at each commercial/industrial premises in conformity with the provisions of this chapter, except as otherwise provided in this chapter. Any such collection and disposal shall be in accordance with all applicable federal, state, and local laws and regulations and any controlling permit or franchise agreement between the collector and the City. All solid waste collected by a commercial/industrial collector shall be the exclusive property of said collector. (Ord. 977 § 1, 1992)

5.52.340 Commercial/industrial – Frequency and hours of collection.

(A) Frequency. The commercial/industrial collector shall collect solid waste from commercial/industrial premises on a schedule which is agreed upon between the commercial/industrial business owner and the collector. In no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to public health or safety.

(B) Hours. No collection of solid waste from commercial/industrial premises within 600 feet of occupied residential premises shall be made between the hours of 6:00 p.m. and 6:00 a.m. on the next day. No collection shall be made on Sunday unless specifically authorized in writing by the City Manager. Hours and days of collection shall be subject to the prior approval of the City Manager. (Ord. 977 § 1, 1992)

5.52.350 Commercial/industrial – Containers.

(A) Every commercial/industrial business served by the franchised collector shall have the option to:

(1) Provide the necessary container or containers to accommodate solid waste generated from said commercial/industrial business; or

(2) Use the standard commercial/industrial solid waste container or containers provided by the franchised collector, which containers are compatible with the franchised collector’s collection equipment. Where a commercial/industrial business owner is served by an excepted collector, such excepted collector and business owner shall determine by private agreement who is to provide the container.

(B) Every collector which provides any container or other equipment used for the storage of commercial/industrial solid waste shall:

(1) Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, said collector’s business name and telephone number, in a color contrasting with the background color of the container; and

(2) Provide containers on casters or hasps or locks upon request by the commercial/industrial business owner. (Ord. 977 § 1, 1992)

5.52.360 Commercial/industrial – Maintenance and placement of containers.

Solid waste containers provided by the collector shall be maintained in a clean and sanitary condition by the collector. Solid waste containers which are not provided by the collector shall be maintained in a clean and sanitary condition by the commercial/industrial business owner. Every commercial/industrial business owner shall provide a solid waste container location on the commercial/industrial premises and shall keep said area in good repair, clean and free of refuse outside of the container. Every collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the collector’s emptying of the container or other activities of the collector. (Ord. 977 § 1, 1992)

5.52.370 Commercial/industrial – Care of containers.

Upon collection of solid waste by the collector, all containers shall be replaced, upright, where found, with the lids closed. No person, other than the owner thereof, shall in any manner, break, damage, roughly handle or destroy containers placed on the premises of a commercial/industrial business owner. (Ord. 977 § 1, 1992)

5.52.380 Commercial/industrial – Special circumstances.

If particular commercial/industrial business premises require collections at times, frequencies or in a manner such that the franchised collector is unable to perform said collection in the normal course of business, or where unusual quantities of solid waste or special types of material are to be collected and disposed of, or where special methods of handling are required, or where the quantity of solid waste requires the use of multiple (more than three) containers, the collector and the commercial/industrial business owner may make arrangements for such collection on mutually agreeable terms. If the business owner and the franchised collector do not agree as to the methods for the service provided for in this section, the City Manager shall determine the method of service. If the franchised collector is unable or unwilling to provide such service, the City Manager may authorize the business owner to use another solid waste enterprise for such special service until the franchised collector can provide such service in its normal course of business. (Ord. 977 § 1, 1992)

Article VIII. Nonexclusive Franchises for Commercial/Industrial Solid Waste Handling Services

5.52.390 Conversion of permits to nonexclusive franchises.

(A) Not later than July 1, 1993, every “excepted collector,” as said term is defined in PMC 5.52.320(E), shall apply to the City for a nonexclusive franchise for the collection of solid waste from commercial/industrial premises (including the collection of construction or demolition waste from construction sites or demolition sites). No other applications for nonexclusive franchises for the collection of commercial/industrial solid waste shall be accepted by the City from any excepted collector after said date.

(B) Upon a determination by the Director of Public Works that the excepted collector is then in compliance with all terms and conditions which are applicable to the permit previously issued to the excepted collector, and that the excepted collector has executed a standard form of nonexclusive franchise agreement, the Director of Public Works shall authorize and issue the nonexclusive franchise to the excepted collector, and shall notify the Director of Finance of such issuance. (Ord. U-1011 § 1, 1993)

5.52.400 Contents of nonexclusive franchise agreements.

(A) The terms and provisions of a nonexclusive franchise agreement with an excepted collector may relate to or include, without limitation, the applicable subject matters which are specified in PMC 5.52.150.

(B) Every excepted collector to which a nonexclusive franchise is issued hereunder shall pay to the City a franchise fee which shall be determined as follows:

Commencing upon the effective date of the nonexclusive franchise agreement and continuing through June 30, 1994, the franchise fee shall be seven and one-half percent of the contractor’s gross receipts collected from all commercial/industrial customers and seven and one-half percent of the contractor’s net profits derived from any sales of recyclable materials collected within the City. Commencing upon July 1, 1994, and upon each July 1st thereafter, the seven and one-half percent franchise fee applicable to said gross receipts and to said net profits, shall be increased as follows:

 

From

To

July 1, 1994

7.5%

7.75%

July 1, 1995

7.75%

8.0%

July 1, 1996 to
March 31, 1997

8.0%

8.25%

The franchise fee shall be paid to the City not later than 15 days following the end of the preceding calendar month, and shall be accompanied by a report in such form as may be specified by the Director of Public Works. Said monthly report may require detailed information related to the nature and quantity of solid waste collected in the City, solid waste landfills which are utilized, and the nature and quantity of solid waste which is diverted from solid waste landfills. The franchise fee payable hereunder shall be in lieu of all business license taxes or business permit application for renewal fees otherwise required by this code.

(C) City shall have the right to direct all excepted collectors operating under a nonexclusive franchise to dispose of commercial/industrial solid waste at one or more landfills designated by the City. The designation by the City of any such landfill shall be for the sole purpose of ensuring that the City is in compliance with all reporting and waste characterization requirements imposed by AB 939.

(D) Every nonexclusive franchise agreement issued hereunder shall in all events terminate, and shall be of no further force or effect, as of the close of business on March 31, 1997.

(E) Every nonexclusive franchise agreement issued hereunder shall require the excepted collector to adhere to and abide by the schedule of permissible rates, fees and charges for commercial/industrial solid waste handling services as authorized from time to time by resolution of the City Council.

(F) Every nonexclusive franchise agreement issued hereunder shall require the excepted collector to obtain, and to maintain during the term of the nonexclusive franchise agreement, comprehensive general liability insurance with such coverage, and in such amounts, as may be deemed by the City to be adequate to protect the interests of the City and of the general public, taking into consideration the nature, frequency and magnitude of the excepted collector’s solid waste handling services. The excepted collector’s insurance policies, or certificate of insurance, shall name the City as an additional insured and shall be subject to the approval of the City Attorney. (Ord. U-1011 § 1, 1993)