Chapter 6.21 BUSINESS AND MULTIFAMILY RECYCLING

Chapter 6.21
BUSINESS AND MULTIFAMILY RECYCLING

Sections:

6.21.010 Purpose and declarations.

6.21.020 Definitions.

6.21.030 Requirements for covered generators.

6.21.040 Special requirements.

6.21.050 Designation of recyclable materials.

6.21.060 Ownership of recyclable materials.

6.21.070 Requirements for franchised waste haulers.

6.21.080 Requirements for service agreements.

6.21.090 Requirements for recycling plans.

6.21.100 Requirements for authorized recyclers.

6.21.110 Requirements for multifamily properties.

6.21.120 Requirements for self-hauling.

6.21.130 Appeal upon denial of certificate of operation or self-haul certificate.

6.21.140 Reporting.

6.21.150 Exemptions from recycling standards.

6.21.160 City rules and regulations.

6.21.170 Rights reserved to city.

6.21.180 Administration and costs.

6.21.190 Unlawful acts.

6.21.200 Implementation and enforcement.

6.21.210 Posting of notices.

6.21.220 Notice of violation.

6.21.230 Notice of violation – Content.

6.21.240 Administrative enforcement order.

6.21.250 Administrative enforcement order – Content.

6.21.260 Delivery of notice or order.

6.21.270 Administrative appeals.

6.21.280 Hearing officer.

6.21.290 Hearing procedure.

6.21.300 Form and contents of decision – Finality of decision.

6.21.310 Procedures for collection of administrative civil penalty.

6.21.320 Actions not prohibited.

6.21.330 Penalties.

6.21.010 Purpose and declarations.

A. It is the intent and purpose of this chapter to promote recycling by:

1. Requiring businesses and multifamily residential properties in the city of Rancho Cordova to keep recyclable materials separate from all other solid waste for recycling;

2. Requiring businesses and multifamily residential properties to provide signs and labeled containers for the storage and collection of recyclable materials; and

3. Requiring businesses and multifamily residential properties to either self-haul or enter into a written service agreement for the collection and subsequent delivery of recyclable materials to a recycling facility.

B. It is further the purpose of this chapter to provide a mechanism to require the implementation of recycling programs for businesses and multifamily residential properties within the city to thereby enable the city to meet and maintain the 50 percent waste diversion requirements set forth in the Public Resources Code Section 41780(a)(2). [Ord. 20-2008 § 1].

6.21.020 Definitions.

A. “Authorization” means the process of approving a recycler for collection and removal of recyclable materials from businesses and multifamily residential properties by the public works director, and/or his or her designee.

B. “Authorized recycler” means any person or business entity who lawfully collects, accepts, transports or otherwise processes recyclable materials from businesses and multifamily properties for financial gain or profit, and has been certified and approved by the public works director, and/or his or her designee.

C. “Business” means:

1. A commercial entity, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust, or corporation that is organized for financial gain or profit, including but not limited to, offices, retail stores, markets, manufacturing facilities, warehouse and distribution facilities, restaurants, motels and hotels, theaters, medical offices, and gas stations and automotive facilities; and

2. Not-for-profit organizations, including but not limited to, churches, hospitals, and social service organizations.

D. “Certificate of operation” means the license that an authorized recycler must obtain from the city before it may collect recyclable materials within city boundaries.

E. “City” means the city of Rancho Cordova, California.

F. “Collection” means the act of collecting and removing solid waste or recyclable materials at the place of generation.

G. “Commercial hauler” or “hauler” means any person who collects, hauls, or transports commercial solid waste for a fee by use of any means, including but not limited to, a dumpster truck, roll-off truck, a side-load, front-load, or rear-load garbage truck, or a trailer.

H. “Commercial solid waste” means all solid waste as defined in subsection (CC) of this section and generated by commercial and industrial sources and multifamily residential properties, and that is collected by a franchised waste hauler.

I. “Covered generator” means all businesses and multifamily residential properties that are subject to the requirements of this chapter. The public works director and/or his or her designee shall specify the minimum weekly solid waste collection service threshold that defines covered generators for the purposes of this chapter. A covered generator may include a business or multifamily residential property owner or generator and is dependent on whoever executes a contract(s) for solid waste removal and recycling collection services.

J. “Customer” means a business or multifamily residential property owner or generator who contracts for solid waste removal services and enters into a service agreement with a franchised waste hauler or authorized recycler for recycling services. Where several businesses or multifamily properties share garbage containers and service, “customer” refers only to the party who enters into a contract for solid waste collection services.

K. “Designated recyclable materials” means materials, as designated by the public works director and/or his or her designee, that are required to be separated by covered generators from solid waste prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products.

L. “Franchise” means a commercial solid waste collection franchise issued to a commercial hauler by the city of Rancho Cordova.

M. “Franchised waste hauler” means a commercial waste hauler or hauler holding a franchise issued by the city pursuant to Chapter 6.20 RCMC. A franchised waste hauler may also collect, haul, or transport recyclable materials.

N. “Generator” means each business or multifamily property that generates one or more designated recyclable materials as a result of its business activities or multifamily property activities.

O. “Implementation period” means the period of time between the effective date of the ordinance codified in this chapter and June 30, 2009.

P. “Multifamily residential property” means five or more residential dwelling units located on a single parcel of land and any mobile home park located within the city.

Q. “National contracts” means contracts between waste management companies and multi-sited waste generating companies that operate throughout the country.

R. “Owner” means the person who owns a business or multifamily residential property. An owner may also be a generator.

S. “Person” means an individual, firm, limited liability company, association, partnership, industry, public or private corporation, or any other entity whatsoever.

T. “Public works director” means the public works director of the city of Rancho Cordova, California.

U. “Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

V. “Recycling facility” means those facilities or operations that receive, process, and transfer to market recyclable materials that have been source separated from the solid waste stream.

W. “Recyclable materials container” means any box, tub, cart, or other container placed inside each individual multifamily residential unit and in maintenance or work areas on the premises of covered generators that is made of metal, hard plastic or other similar material and is suitable for the collection of designated recyclable materials pursuant to this chapter. Recycling materials containers must be approved by the city.

X. “Recycling plan” means the plan to be presented to all covered generators by their franchised waste hauler to document understanding of the requirements of this chapter and record the selected compliance option for each designated recyclable material.

Y. “Removal” means the act of removing solid wastes or recyclables from the place of waste generation.

Z. “Self-haul,” when used in reference to designated generators by a covered generator, means a covered generator, or employee designated by the covered generator, who collects, transports and hauls recyclable materials from the business or multifamily residential property in a vehicle owned by either an employee or the entity to a recycling facility rather than hiring a franchised waste hauler or an authorized recycler to perform this function.

AA. “Self-hauling form” means the form provided by the public works director, and/or his or her designee, on which a business or multifamily residential property, owner or generator certifies that all self-hauling activities will be completed in accordance with the provisions of this chapter or any other applicable law or regulation.

BB. “Service agreement” means a written agreement between a franchised waste hauler or authorized recycler and a covered generator concerning the collection of designated recyclable materials.

CC. “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Solid waste does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the Health and Safety Code or medical waste. Solid waste does not include recyclable materials set out for separate collection for the purposes of recycling and that are not land filled.

DD. “Source separate” or “source separated” means the process of removing recyclable materials from solid waste for the purpose of recycling.

EE. “Subcontract” is a contract assigning some of the obligations of a contract to a third party. [Ord. 20-2008 § 1].

6.21.030 Requirements for covered generators.

A. Each covered generator shall be responsible for ensuring and demonstrating its compliance with the following requirements:

1. Source separate designated recyclable materials from solid waste;

2. Provide a basic level of recycling service that includes, at a minimum, the collection of designated recyclable materials; and

3. Enter into a written service agreement with a franchised waste hauler or authorized recycler for the collection of designated recyclable materials; or

4. Complete and retain on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with the provisions of this chapter or any other applicable law or regulation. A copy of such form shall be made available to the public works director and/or his or her designee upon request.

B. Each covered generator shall provide recyclable materials containers for designated recyclable materials in multifamily residential rental units and in maintenance and work areas where recyclable materials may be collected and/or stored.

C. Each covered generator shall prominently post and maintain one or more signs where designated recyclable materials are collected and/or stored that set forth what materials are required to be source separated in addition to collection procedures for such materials.

D. Each covered generator shall notify and instruct employees and tenants in writing of applicable source separation requirements, including a list of designated recyclable materials that are required to be source separated for recycling. A copy of such instructions shall be provided to the public works director, and/or his or her designee upon request.

E. Each covered generator shall ensure that designated recyclable materials generated at their site will be taken only to a recycling facility and not to a landfill for disposal by complying with all requirements under this chapter.

F. The recycling plan, service agreement, and self-haul form, or other documents pertaining to this chapter, shall be available for inspection by the public works director, and/or his or her designee, at the principal location of the covered generator during normal business hours.

G. Nothing in this chapter shall abridge the right of any covered generator, or any other person, to sell or exchange at fair market value its own recyclable materials which are source separated for reuse and recycling.

H. No franchised waste hauler or authorized recycler shall be held liable for the failure of its customers to comply with such regulations.

I. No covered generator shall be liable for the failure of their franchised waste hauler or authorized recycler to deliver designated recyclable materials to a recycling or processing facility. [Ord. 20-2008 § 1].

6.21.040 Special requirements.

In addition to any and all requirements that apply to the recycling of designated recyclable materials throughout the city above, collection service received or provided in the city shall be subject to the following additional special requirements:

A. No recycling, automatic lift containers or bins within the collection area of the city shall be placed or located in such a manner that blocks or impedes passage through an alley or through any doorway of any building adjoining an alley, notwithstanding that such building may be abandoned or otherwise out of use.

B. Compliance with the above special requirements shall be the sole responsibility of the covered generator. [Ord. 20-2008 § 1].

6.21.050 Designation of recyclable materials.

A. Designated recyclable materials shall be source separated from solid waste before collection, removal, transportation or disposal pursuant to this chapter. The public works director, and/or his or her designee, shall specify designated recyclable materials that must be source separated by all covered generators pursuant to RCMC 6.21.030. The specifications for designated recyclable materials shall consider materials market conditions and the availability of a cost-effective system for recycling such materials.

B. Furthermore, all covered generators are encouraged to recycle additional materials, whether or not they have been specified as designated recyclable materials. [Ord. 20-2008 § 1].

6.21.060 Ownership of recyclable materials.

A. All designated recyclable materials placed in automatic lift containers, bins or roll-off bins shall be considered owned by and be the responsibility of either the franchised waste hauler or authorized recycler. Without permission of either the franchised waste hauler or authorized recycler, no person shall collect designated recyclable materials placed in automatic lift containers, bins or roll-off bins for recyclable materials by customers.

B. Except as authorized by RCMC 6.21.120 (self-hauling), it shall be unlawful for any person to engage in the business of collecting, removing or transporting, or to otherwise organize, direct or sponsor the collection, removal or transportation of designated recyclable materials who is not either a franchised waste hauler or an authorized recycler. [Ord. 20-2008 § 1].

6.21.070 Requirements for franchised waste haulers.

A. Commercial waste haulers shall be franchised pursuant to the provisions of Chapter 6.20 RCMC, and such franchise shall be in full force and effect.

B. Franchised waste haulers shall offer collection service and automatic lift containers, bins or roll-off bins for designated recyclable materials sufficient to accommodate the quantity and types of designated recyclable materials to all its solid waste customers.

C. Franchised waste haulers shall equip and provide automatic lift containers, bins and roll off bins for designated recyclable materials with locks and/or other suitable features to prevent theft of recyclable materials.

D. Franchised waste haulers may subcontract for collection of designated recyclable materials, so long as the subcontractor holds a current franchise or is an authorized recycler.

E. Franchised waste haulers shall conduct all activities in accordance with all applicable state and local laws and best management practices. Vehicles, equipment and containers shall be kept in a clean and well-maintained condition.

F. Franchised waste haulers shall not take a customer’s designated recyclable materials to a landfill or other disposal site, but to a recycling facility.

G. Franchised waste haulers, upon request, shall provide the public works director, and/or his or her designee, with a copy of a service agreement, recycling plan or other document (e.g., receipt from a recycling facility) demonstrating that the covered generator’s designated recyclable materials are being taken to a recycling facility. The service agreement, recycling plan or other documents shall be available for inspection by the public works director, and/or his or her designee, at the franchised waste haulers’ place of business during normal business hours.

H. City staff may audit all franchised waste haulers’ records. [Ord. 20-2008 § 1].

6.21.080 Requirements for service agreements.

A. Franchised waste haulers and authorized recyclers shall execute a written service agreement with all covered generators as required in RCMC 6.21.030 before the franchised waste hauler or authorized recycler begins to collect solid waste and/or designated recyclable materials.

B. Service agreements shall incorporate, but are not limited to, the following terms and conditions:

1. Be clearly labeled as a service agreement.

2. Describe the solid waste and/or recycling collection services to be provided by the franchised waste hauler or authorized recycler, and the cost for providing such services to the customer.

3. Clearly state the initial term and renewal terms.

4. Allow for any term that is mutually agreed to by the customer and the franchised waste hauler, but recognizing that the hauler’s franchise or recycler’s authorization granted by the city must remain in full force and effect throughout the term of the agreement.

5. May contain automatic renewal for successive periods of no longer than one year, unless either party gives written notice of termination by certified or registered mail at least 60 days prior to the termination date of the current agreement.

6. May be amended as mutually agreed upon by the customer and the franchised waste hauler or authorized recycler.

7. Customers are to receive a written notice of price increases not less than 30 days prior to the effective date of such price increase.

8. Franchised waste haulers and authorized recyclers shall respond to customer inquiries regarding the service agreement within 30 days.

9. Include language stating that collection containers will be removed from the property of a customer within 30 days of final termination of services to the customer.

10. Not require customers to pay over three months liquidated damages during the renewal term and over six months liquated damages during the initial term of the service agreement.

11. Not require a customer to give a franchised waste hauler the exclusive right to provide recycling collection services as a condition of a service agreement, unless the customer affirmatively indicates that is its desire.

12. Not require customers to give notice of any offer by a competitor or require customers to give franchised waste haulers the right to respond to such an offer.

13. Franchises must be in full force and effect for the service agreement to be effective.

C. The requirements for service agreements contained in this section shall be incorporated into all new service agreements upon enactment of this chapter. Existing service agreements between a franchised waste hauler and a customer executed before the effective date of the ordinance codified in this chapter shall remain in force for the remainder of the existing contract and shall be governed by the terms and conditions specified in the existing service agreement; provided, that such existing service agreements shall comply, to the extent allowable by law, with the new recycling programs established by this chapter.

D. National contracts or agreements are exempt from the requirements of contract length and renewal terms. [Ord. 20-2008 § 1].

6.21.090 Requirements for recycling plans.

A. The public works director, and/or his or her designee, shall provide a recycling plan template to each franchised waste hauler in order to document compliance with this chapter for each covered generator.

B. Franchised waste haulers shall present, complete, and sign a recycling plan for each covered generator located in the city.

C. Franchised waste haulers shall maintain a copy of each completed recycling plan, and submit to the public works director, and/or his or her designee, for audit purposes within five days of receipt of a written request.

D. Franchised waste haulers shall complete and file recycling plans for 50 percent of their covered generator customers no later than April 1, 2009, and 100 percent no later than July 1, 2009.

E. Franchised waste haulers that fail to comply with the requirements of this section shall be subject to penalties under RCMC 6.21.240 and/or 6.21.330. [Ord. 20-2008 § 1].

6.21.100 Requirements for authorized recyclers.

A. No person shall provide service as a franchised waste hauler or authorized recycler within the city without having obtained a certificate of operation and becoming an authorized recycler. All franchised waste haulers shall file a certificate of operation application form approved by the public works director, and/or his or her designee, providing the information and documentation that is requested by the public works director, and/or his or her designee, including, but not limited to, the following:

1. The name, address and telephone number of the applicant.

2. A description of the vehicles that the applicant will use to collect recyclable materials, including the make, model, and serial number or Vehicle Identification Number (VIN) of each vehicle.

3. Authorized recyclers shall indemnify, defend with counsel selected by the city, and hold harmless the city and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, causes of action and the payment of all attorneys’ fees and other related costs and expenses arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of the authorized recycler or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work.

4. Authorized recyclers shall defend, indemnify and hold harmless the city, including, but not limited to, elected officials, officers, directors, agents, employees and volunteers from and against any and all demands, claims, actions, losses, liabilities, damages, and costs, including reasonable attorneys’ fees, arising out of or resulting from the authorized recycler’s activities pursuant to this chapter. Authorized recyclers shall defend with counsel selected by the city.

5. Without limiting the authorized hauler’s indemnification, the authorized hauler shall maintain in force at all times during the term of this authorization certificate, and any extensions or modifications thereto, insurance as specified in the addendum of the certificate of operation agreement. It is the responsibility of the authorized recycler to notify its insurance advisor or insurance carrier(s) regarding coverage, limits, forms and other insurance requirements specified in the addendum of the certificate of operation agreement.

6. A written statement certifying that the applicant has reviewed and will comply with all of the requirements in the certificate of operation and this chapter.

B. If the public works director, and/or his or her designee, determines that the applicant complies with the terms of this chapter, the public works director, and/or his or her designee, shall grant a certificate of operation. The public works director, and/or his or her designee, shall deny an application for a certificate of operation if the public works director, and/or his or her designee, determines that the applicant does not comply with the terms of this chapter.

C. The certificate of operation shall remain in effect for a period of five years.

D. The public works director, and/or his or her designee, may revoke a certificate of operation if the public works director, and/or his or her designee, determines after providing 30 days’ written notice, and an opportunity for a hearing, that an authorized recycler has violated the provisions in the certificate of operation or any applicable law.

E. Authorized recyclers shall offer collection service and automatic lift containers, bins or roll-off bins for designated recyclable materials sufficient to accommodate the quantity and types of recyclable materials to all its customers.

F. Authorized recyclers may subcontract for collection of designated recyclable materials; so long as the subcontractor is a franchised waste hauler or authorized recycler.

G. Authorized recyclers shall conduct all activities in accordance with all applicable laws, the city’s municipal code and best management practices. An authorized recycler’s vehicles, equipment and containers shall be kept in a clean and well-maintained condition.

H. An authorized recycler’s automatic lift containers, bins or roll-off bins for recyclable materials shall be clearly identified with the name, or recognizable corporate or company logo, and phone number of the authorized recycler that is legible from a distance of 50 feet.

I. Authorized recyclers shall equip and provide to all recycling, automatic lift containers, bins or roll-off bins for designated recyclable materials, locks and/or other suitable features to prevent scavenging of recyclable materials.

J. Authorized recyclers shall deliver a customer’s recyclable materials to a recycling facility, and not to a landfill or other site for disposal.

K. Authorized recyclers, upon request, shall provide the public works director, and/or his or her designee, with a copy of a service agreement or other document (e.g., receipt from a recycling facility) demonstrating that the covered generator’s designated recyclable materials are being delivered to a recycling facility. The service agreement or other document shall be available for inspection by the public works director, and/or his or her designee, at the franchised waste hauler’s place of business during normal business hours.

L. The public works director, and/or his or her designee, may audit all franchised waste haulers’ recycling records. [Ord. 20-2008 § 1].

6.21.110 Requirements for multifamily properties.

A. Multifamily residential tenants shall be responsible for compliance with the requirement to source-separate designated recyclable materials from solid waste pursuant to RCMC 6.21.030(A)(1).

B. No multifamily residential property owner who is a covered generator pursuant to RCMC 6.21.020(I) shall be cited for noncompliance with this chapter as a result of the failure of his or her rental property tenants to source separate designated recyclable materials from solid waste pursuant to RCMC 6.21.030(A)(1).

C. Multifamily residential property owners who are covered generators pursuant to RCMC 6.21.020(I) shall be responsible for compliance with RCMC 6.21.030(A)(2), (3) and (4), as well as RCMC 6.21.030(B), (C), (D), (E) and (F).

D. Every multifamily residential unit shall have a recyclable materials container provided by either the multifamily residential property owner who is a covered generator pursuant to RCMC 6.21.020(I), or by the multifamily residential tenant as part of their rental agreement. [Ord. 20-2008 § 1].

6.21.120 Requirements for self-hauling.

A. A covered generator may haul or transport designated recyclable materials generated and collected at its business or multifamily property to a recycling facility, rather than hiring a franchised waste hauler or authorized recycler, only if an owner, generator or employee of the entity completes this activity by utilizing a vehicle owned by either an employee or the entity.

B. A covered generator that hauls or transports designated recyclable materials generated and collected at its business or multifamily property to a recycling facility without the utilization of a franchised waste hauler or authorized recycler must complete and retain on-site a self-hauling form that certifies that all self-hauling activities will be completed in accordance with the provisions of all applicable laws or regulations. The self-hauling form shall be made available to the public works director, and/or his or her designee, upon request. At a minimum, the covered generator shall provide the following information on the self-hauling form:

1. The name, address and telephone number of the covered generator that is signing the self-hauling form.

2. A list of the types of recyclable materials being self-hauled.

3. For each type of recyclable material, the amount that is being taken from the business and multifamily property to a recycling facility quarterly.

4. The name and address of the recycling facility(ies).

C. The self-hauling form shall contain a written statement signed by the business or multifamily property, owner or generator, certifying that the owner or generator is in compliance with the requirements of this chapter.

D. The public works director, and/or his or her designee, may restrict or prohibit self-hauling by a person if the public works director, and/or his or her designee, determines, after providing 30 days’ written notice and an opportunity for a hearing, that the person’s self-hauling activities violate the provisions of this chapter or any other applicable law or regulation. [Ord. 20-2008 § 1].

6.21.130 Appeal upon denial of certificate of operation or self-haul certificate.

A. Within 30 days of written notification of denial, or within 60 days of the public works director’s and/or his or her designee’s failure to act on the certificate, the applicant has the right to meet with the public works director, and/or his or her designee, to review the items cited in the written notice and provide any additional evidence to support an approval. Within 15 days of such meeting, the public works director, and/or his or her designee, will make a final, written determination of the application based on the reviews of additional evidence, together with the original application. The public works director, and/or his or her designee, will send a copy of all final, written determinations, including reasons for denial, if any, to both the applicant and the city council.

B. The applicant may, within 10 days after receiving the final denial from the public works director and/or his or her designee, request a public hearing before the city council by submitting to the city clerk a written petition for an appeal hearing. If a public hearing is requested, the city clerk shall set the matter for hearing at the next possible regularly scheduled city council meeting or any later date as agreed upon by the applicant and the city clerk. At such hearing, the applicant may present evidence in writing and through testimony of its employees and others relevant to the application. During such hearing, the council may demand from the applicant such additional information as the council may deem relevant and necessary. Standard rules of evidence are not in effect at such public hearing, and the applicant shall have the burden of proof to show facts demonstrating that the applicant does, in fact, meet the requirements of this chapter. Any hearing may be continued or adjourned to a stated time and place without the giving of further notice. The city council will provide the applicant with a written explanation of its determination on the application within 30 days of such hearing. The city council’s decision is final. [Ord. 20-2008 § 1].

6.21.140 Reporting.

A. Franchised waste haulers shall provide the following reports to the city, no later than the fifteenth day of each month for the preceding reporting period. Reporting shall occur on a monthly basis during the implementation period and quarterly thereafter, or as requested by the public works director, and/or his or her designee. Reports shall include, at a minimum, the following information:

1. The total number of covered generators in the city that are in compliance with this chapter and for which a completed recycling plan is on file.

2. The total number of covered generators that are customers of the franchised waste hauler in the city.

3. The total number of covered generators that have completed a recycling plan but remain in violation of this chapter for any reason.

4. The total weekly yardage of solid waste collection service and designated recyclable materials collection service provided to covered generators during the reporting period.

Due dates for reporting during the implementation period:


Reporting Period	Due Date
January 2009	February 15, 2009
February 2009	March 15, 2009
March 2009	April 15, 2009
April 2009	May 15, 2009
May 2009	June 15, 2009
June 2009	July 15, 2009

Due dates for reporting subsequent to the implementation period (ongoing):


Reporting Period	Due Date
January 1 – March 31	May 1
April 1 – June 30	August 1
July 1 – September 30	November 1
October 1 – December 31	February 1

B. If the quarterly report is not filed by the due dates above, the report shall be deemed delinquent and the franchised waste hauler shall pay to the city a delinquent report charge in the amount of $50.00 per day. If the report remains delinquent for more than 15 days, the franchised waste hauler shall pay to the city a delinquent report charge in the amount of $100.00 per day.

C. Franchised waste haulers’ failure to file the reports required by this chapter shall constitute cause for termination or suspension of its franchise pursuant to Chapter 6.20 RCMC.

D. Self-haulers shall prepare quarterly reports to be kept on site identifying, at a minimum, the following:

1. The recyclable materials tonnage collected and removed within the city region during the previous quarter.

2. The location of the recycling facility(ies) to which the recyclable materials were taken during the previous quarter.

E. The public works director, and/or his or her designee, shall provide and establish guidelines, forms and other appropriate material to assist franchised waste haulers, authorized recyclers and self-haulers in preparing the reports required by this chapter. [Ord. 20-2008 § 1].

6.21.150 Exemptions from recycling standards.

A. Notwithstanding any other provision herein, a business or multifamily property, owner or generator, shall be exempt from the requirements of this chapter if the owner or generator subscribes to less than four cubic yards of solid waste collection service per week.

B. Notwithstanding any other provision herein, a covered generator shall not be required to source separate recyclable materials if the business or multifamily property, owner or generator, demonstrates to the public works director, and/or his or her designee, that there is no collection service or other system available for recycling such material.

C. Notwithstanding any other provision herein, a covered generator shall be exempt from the requirements in RCMC 6.21.030 if all of the generators on the owner’s business or multifamily property are exempt from or not required to comply with the provisions of RCMC 6.21.030, or if designated recyclable materials are not being generated by any activities occurring on the covered generator’s property.

D. Covered generators may be exempted by the public works director, and/or his or her designee, if it is determined through a site visit requested by the covered generator: (1) that there is not adequate storage space for automatic lift containers, rolling carts, bins or roll-off bins for designated recyclable materials on site and that it is infeasible for the covered generator to share automatic lift containers, rolling carts, bins or roll-off bins for designated recyclable materials with another covered generator on an adjoining property; or (2) that compliance with this chapter results in a violation of the city’s zoning code, including city zoning regulations for minimum parking spaces. If the public works director and/or his or her designee determines that it is feasible for recycling containers to be placed on site or shared with an adjoining generator, the covered generator will be responsible for compliance with this chapter.

E. An application for an exemption shall be submitted to the public works director, and/or his or her designee, on a form prescribed by the public works director, and/or his or her designee. After reviewing the request, the public works director and/or his or her designee shall either approve or disapprove the exemption request.

F. The following persons shall automatically be exempt from the requirements of this chapter:

1. The United States, state of California, a city, a county, a special district or other local public agency, or any employee or member of the armed forces thereof, when collecting or transporting designated recyclable materials produced by operation of the public entity under a system of recyclable materials collection and transportation operated and maintained by the public agency within the city region as specified herein and in Chapter 6.20 RCMC.

2. Municipal corporations and other governmental agencies using their own vehicles and employees engaged in the collection, transportation or disposal of designated recyclable materials within the city. [Ord. 20-2008 § 1].

6.21.160 City rules and regulations.

A. The public works director, and/or his or her designee, is authorized to make and enforce administrative rules and regulations governing recycling at businesses and multifamily residential properties, and all related activities including recycling and commercial solid waste generation, storage, recovery, accumulation, collection, removal, transportation and disposal; the manner in which commercial solid waste and recycling services are provided; types of commercial solid waste and recycling containers and vehicles used for the operation and maintenance of sanitary methods of commercial solid waste and recycling disposal; reporting requirements for franchised waste haulers, authorized recyclers and self-haulers; and for the effective administration of this chapter. All such rules and regulations shall be consistent with the provisions of the city code and shall be effective on the thirtieth day following the filing of any such rules and regulations with the city clerk.

B. The city council may, and is hereby empowered to, grant to a qualified applicant a nonexclusive franchise to engage in the business of collecting, transporting or disposing of commercial solid waste or recyclable materials kept, accumulated or generated in the city region.

C. The city council may grant a franchise based on compliance with this chapter. Any grant of a franchise by the city council may be subject to such terms, conditions, rules, regulations, restrictions, and limitations, as the city council deems necessary to protect the public health, safety, or welfare.

D. The city council hereby empowers and grants to the public works director, and/or his or her designee, the authority to grant certificates of operation to franchised waste haulers, to make administrative and nonsubstantive changes to certificates of operation forms, to specify designate recyclable materials and make administrative rules and regulations governing covered generators.

E. The city council hereby empowers and grants to the public works director, and/or his or her designee, the authority to administer, implement and enforce this chapter and administrative rules and regulations governing business and multifamily property recycling thereafter.

F. It shall be unlawful and constitute a violation of this chapter for any person to violate or otherwise fail to comply with any rule or regulation issued pursuant to this chapter. [Ord. 20-2008 § 1].

6.21.170 Rights reserved to city.

In addition to all other rights reserved to the city, the following shall apply:

A. There is hereby reserved to the city every right and power, and the exercise thereof, which is reserved or authorized by any provision of any lawful code, title or resolution of the city, whether enacted before or after the effective date of this chapter.

B. Neither the granting of any franchise or authorization, nor any provision of any franchise or authorization, shall constitute a waiver of or a bar to exercise of any governmental right or power of the city.

C. The grantee receiving any type of franchise agreement, license or certificate to collect recyclable materials shall have no recourse whatsoever against the city, its officers, employees or agents, or any of the city member entities, their officers, employees, or agents for any loss, cost, expense or damage arising out of any provision or requirement of this chapter, or of any franchised waste hauler or franchised waste hauler’s certificate of operation issued under this chapter or because of the enforcement of this chapter.

C. There is hereby expressly reserved to the city the power and authority to amend any section of this chapter so as to require additional or greater standards on the part of the franchised waste hauler, commercial hauler or covered generator. [Ord. 20-2008 § 1].

6.21.180 Administration and costs.

A. The administration of this chapter is the duty of the public works director, and/or his or her designee. The public works director, and/or his or her designee, is authorized and directed by the city council to administer this chapter.

B. Commercial franchise fees will fund administration, implementation and enforcement costs. [Ord. 20-2008 § 1].

6.21.190 Unlawful acts.

A. It shall be unlawful to combine designated recyclable materials with other solid waste. Failure of covered generators to source separate designated recyclable materials for recycling is a violation of this chapter.

B. It shall be unlawful for franchised waste haulers or authorized recyclers to commingle materials in solid waste bins or carts with materials in recycling bins or carts in one collection vehicle.

C. It shall be the responsibility of the covered generator whose solid waste was not removed because it contained designated recyclable materials to properly separate designated recyclable materials from the uncollected solid waste for proper recycling. Allowing such unseparated solid waste to accumulate will be considered a violation of this chapter. [Ord. 20-2008 § 1].

6.21.200 Implementation and enforcement.

The implementation and enforcement of this chapter is the duty of the public works director, and/or his or her designee, of the city’s department of public works. The public works director, and/or his or her designee, is authorized and directed by the city council to implement and enforce this chapter. [Ord. 20-2008 § 1].

6.21.210 Posting of notices.

A. The public works director, and/or his or her designee, may post notices on automatic lift containers, bins and roll-off bins that are used for solid waste collection and the collection of designated recyclable materials within the city if the owner of the automatic lift containers, bins and roll-off bins is in violation of this chapter, including, but not limited to, any regulation, franchise requirement, permit, information request, order, variance, or other requirement that the public works director, and/or his or her designee, is authorized to enforce or implement pursuant to this chapter.

B. A notice shall remain on automatic lift containers, bins and roll-off bins that are used for solid waste collection within the city so long as the owner of the automatic lift containers, bins and roll-off bins is in violation of this chapter. The notice shall be posted on the automatic lift container, bin, and/or roll-off bin so as to be clearly visible to the general public and include all of the following information:

1. The date the notice was posted on the container.

2. The address or location of the property, including the identification of any dwelling unit, room number, apartment number, business or multifamily property.

3. The name and contact telephone number of the agency posting the notice on the property.

4. The city code section that has been violated.

5. A statement that it is unlawful for any person to engage in the business of collecting, transporting or disposing of commercial solid waste kept, accumulated or generated in the city, or to engage in the business of soliciting accounts or invoicing customers for commercial solid waste service in the city unless a franchise has first been granted pursuant to the provisions of this chapter and such a franchise is in full force and effect.

C. A statement that a person violating the posted notice is subject to criminal penalties pursuant to city code and administrative civil penalties in an amount of up to $1,000 per day for each violation.

D. A statement that a person disturbing or destroying the posted notice is subject to administrative civil penalties in an amount of up to $1,000, in addition to any other remedies provided by this chapter. [Ord. 20-2008 § 1].

6.21.220 Notice of violation.

The public works director, and/or his or her designee, may issue a notice of violation to any person found to be in violation of a provision of this chapter, including, but not limited to, any regulation, franchise requirement, permit, information request, order, variance, or other requirement that the public works director, and/or his or her designee, is authorized to enforce or implement pursuant to this chapter. Issuance of a notice of violation may also result in the issuance of a notice of administrative enforcement order pursuant to this chapter. [Ord. 20-2008 § 1].

6.21.230 Notice of violation – Content.

A. In addition to any other content, a notice of violation shall contain the following elements:

1. A statement of the public works director, and/or his or her designee, that indicates a violation has occurred.

2. A citation of the provisions of this chapter, including any regulation, franchise requirement, permit, information request, order, variance, or other requirement that has been violated.

3. A date by which any person must be in compliance with this chapter including any regulation, franchise requirement, permit, information request, order, variance, or other requirement, or a date by which an action plan must be submitted by the person to propose a means and timeframe by which to correct violations. The public works director, and/or his or her designee, may extend the compliance date when good cause exists for such an extension.

4. Notification that continued noncompliance may result in additional enforcement action being taken against the business, facility, or any responsible persons.

5. Notification that the city may recover any costs incurred by the city as a result of the violation.

6. Notification that a violation of this chapter may result in an administrative civil penalty or in criminal penalties.

7. Notification that the correction of any alleged violation(s) within the specified deadline date(s) will not necessarily prevent the public works director, and/or his or her designee, from issuing an administrative enforcement order and imposing administrative civil penalties relating to the alleged violation(s).

B. In addition to any other content, a notice of violation may establish required corrective actions, including the following:

1. Terms, conditions, and requirements reasonably related to the provisions of this chapter, including the following:

a. Cessation of prohibited actions.

b. Correction of prohibited conditions.

c. A requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter.

d. Reporting requirements to demonstrate ongoing compliance.

2. A requirement that the person receiving same shall submit written certification to the public works director, and/or his or her designee, that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including but not limited to, receipts, contracts, or photographs.

3. Any other terms or conditions reasonably calculated to prevent additional violations of this chapter.

C. An administrative enforcement order may be issued separately, but only after issuance of a notice of violation, or in combination with a notice and order, for the same violations or set of related violations. [Ord. 20-2008 § 1].

6.21.240 Administrative enforcement order.

A. If the public works director, and/or his or her designee, determines that a person, covered generator, franchised waste hauler or authorized recycler, has committed or is committing a violation of any provision of this chapter, the public works director, and/or his or her designee, may issue an administrative enforcement order, after issuing a notice of violation or, in combination with a notice of violation, requiring that the violation be corrected and imposing an administrative penalty.

B. Pursuant to this chapter, the violator shall be liable for a penalty of not more than $1,000 for each day on which each violation occurs and/or continues. [Ord. 20-2008 § 1].

6.21.250 Administrative enforcement order – Content.

A. In addition to any other content, an administrative enforcement order shall contain the following elements:

1. A statement of the public works director, and/or his or her designee, that indicates a violation has occurred.

2. A citation of the provision of this chapter including any regulation, franchise requirement, permit, information request, order, variance, or other requirement that has been violated.

3. A date by which any person must be in compliance with this chapter, or a date by which an action plan must be submitted by the person to propose a means and timeframe by which to correct violations. The public works director, and/or his or her designee, may extend the compliance date when good cause exists for such an extension.

4. Notification that continued noncompliance may result in additional enforcement action being taken against the business, facility, or any responsible persons.

5. Notification that the city may recover any costs incurred by the city as a result of the violation.

6. Notification as to whether an administrative civil penalty is imposed and the terms and conditions of payment, if any. In establishing the penalty amount, the public works director, and/or his or her designee, shall take into consideration:

a. The nature, circumstances, extent, and gravity of the violation.

b. The violator’s past and present efforts towards compliant behavior.

c. The violator’s ability to pay the penalty.

d. The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.

8. Notification that the recipient has a right to a hearing on the matter as set forth in RCMC 6.21.260 to appeal any findings or required corrective actions established by the public works director, and/or his or her designee.

9. Notification of procedures for requesting a hearing established according to RCMC 6.21.260.

B. In addition to any other content, an administrative enforcement order may establish required corrective actions, including the following:

1. Terms, conditions, and requirements reasonably related to the provisions of this chapter, including the following:

a. Cessation of prohibited actions.

b. Correction of prohibited conditions.

c. A requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter.

d. Reporting requirements to demonstrate ongoing compliance.

2. A requirement that the person receiving same shall submit written certification to the public works director, and/or his or her designee, that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including, but not limited to, receipts, contracts, or photographs.

3. Any other terms or conditions reasonably calculated to prevent additional or ongoing violations of this chapter.

C. A notice of violation or an administrative enforcement order may be issued separately or in combination with another notice or order for the same violations or set of related violations. [Ord. 20-2008 § 1].

6.21.260 Delivery of notice or order.

Any notice of violation, permit revocation, administrative enforcement order or other enforcement action pursuant to the requirements of this chapter shall be subject to the following requirements:

A. Delivery shall be deemed complete upon either personal delivery to the recipient or by certified mail.

B. Where the recipient of the notice or order is the owner of the premises, the address for notice or order shall be the address from the most recently issued equalized assessment roll for the premises.

C. Where the owner or occupant of any premises cannot be located after reasonable efforts of the public works director, and/or his or her designee, the notice or order shall be deemed delivered after posting on the premises for a period of 10 business days. [Ord. 20-2008 § 1].

6.21.270 Administrative appeals.

A. Hearing Request. Any person, owner or operator served with an administrative enforcement order issued pursuant to this chapter may contest the order on the basis that there was no violation of this chapter or that he or she is not the responsible party. To contest the order, the person shall submit a request for hearing form to the city within 15 days from the date of the administrative enforcement order. Directions on how to obtain the request form will be provided on the order.

B. Filing Fee. The completed request must be submitted together with a filing fee, established and amended from time to time by the public works director, and/or his or her designee, based on actual expense to conduct the hearing by the hearing officer.

C. Notice of Hearing. The person, owner or operator requesting the hearing shall be notified of the time and place set for the hearing at least 10 days before the date of the hearing.

D. Additional Reports. If the public works director, and/or his or her designee, submits an additional written report concerning the administrative enforcement order to the hearing officer for consideration at the hearing, then a copy of this report also shall be provided to the person requesting the hearing at least five days before the date of the hearing. [Ord. 20-2008 § 1].

6.21.280 Hearing officer.

Pursuant to RCMC 1.05.200, a hearing officer will be assigned the responsibility of conducting a hearing by the city manager. The city manager shall be authorized to assign hearing responsibilities from time to time to any person or persons, qualified by training or experience, whom the city manager may appoint, employ or who are retained by contract to conduct such hearings. [Ord. 20-2008 § 1].

6.21.290 Hearing procedure.

A. Setting the Hearing. A hearing before the hearing officer shall be set for a date that is not less than 15 days nor more than 60 days from the date that the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing as soon as it is set, and at least 10 days before the hearing. If the public works director, and/or his or her designee, submits a written report concerning the citation to the hearing officer for consideration at the hearing, then a copy of the report shall be served on the person requesting the hearing at least five days before the hearing. No hearing shall be held unless the filing fee has been paid in advance, under RCMC 6.21.270(B).

B. Failure to Appear. The failure of the person requesting the hearing to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.

C. At the Hearing. The administrative enforcement order and any additional report submitted by the public works director, and/or his or her designee, shall constitute prima facie evidence of the respective facts contained in those documents. At the hearing, the party contesting the citation shall be given the opportunity to testify and to present evidence concerning the citation.

D. Continuances. The hearing officer may continue the hearing and may request additional information from the public works director, and/or his or her designee, or the person receiving the administrative enforcement order before issuing the decision. [Ord. 20-2008 § 1].

6.21.300 Form and contents of decision – Finality of decision.

A. Following the hearing, the hearing officer shall issue an order in writing no later than 30 days from the date of the hearing, unless the time is waived by the parties. The order shall contain findings of fact and rationale appropriate to the violation and result, and a resolution of the essential issues raised, including the following:

1. Confirmation or denial of the occurrence of violations of this chapter that are alleged by the public works director, and/or his or her designee.

2. Confirmation or rejection of any administrative civil penalty sought by the public works director, and/or his or her designee, and establishment of the monetary amount of any administrative civil penalty to be enforced.

3. Confirmation, amendment, or rejection of required corrective actions related to compliance with this chapter that are imposed by the public works director, and/or his or her designee, but only if those requirements are appealed by the person.

B. The hearing officer’s order shall uphold required corrective actions if the person fails to show clear and convincing evidence that the required corrective actions are unreasonable or unnecessary for achieving or demonstrating ongoing compliance with this chapter. The hearing officer’s order may amend or reject required corrective actions; provided, that compliance with this chapter will be achieved.

C. The hearing officer’s order shall inform the person that failure to comply with the hearing officer’s order shall constitute a misdemeanor and is subject to additional enforcement action, including criminal penalties and additional civil and administrative penalties.

D. The hearing officer’s order shall inform the person that the time and manner by which a person may file a challenge to the hearing officer’s order is governed by Government Code Section 53069.4 or any successor provision thereto.

E. The order issued by the hearing officer pursuant to this chapter shall be effective upon issuance. The decision of the hearing officer is final and may not be appealed. [Ord. 20-2008 § 1].

6.21.310 Procedures for collection of administrative civil penalty.

A. Any administrative penalty due shall be paid to the city within 30 days after the hearing officer’s decision is issued. If the penalty is not timely paid, the public works director, and/or his or her designee, may pursue all reasonable and legal means in collecting those sums authorized and due.

B. All administrative civil penalties collected from actions brought pursuant to this chapter shall be paid to the public works director, and/or his or her designee, enforcing this chapter, and shall be deposited into a special account that shall be expended to fund the activities of the department to implement the applicable provisions of this chapter. [Ord. 20-2008 § 1].

6.21.320 Actions not prohibited.

This chapter does not do any of the following:

A. Otherwise affect the authority of the public works director, and/or his or her designee, to take any other action authorized by any other provision of law.

B. Restrict the power of a city attorney, district attorney, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law.

C. Prevent the public works director, and/or his or her designee, from cooperating with, or participating in, proceedings specified in RCMC 6.21.310(B). [Ord. 20-2008 § 1].

6.21.330 Penalties.

In addition to the administrative penalties imposed by RCMC 6.21.230, the city may seek all other legal remedies available under state law and under this code, including, but not limited to, criminal sanctions. [Ord. 20-2008 § 1].