Chapter 8.25
ACCUMULATION, TRANSPORTATION AND DISPOSAL OF WASTE MATTER
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Sections:
8.25.010 Definitions.
8.25.020 Declaration of policy.
8.25.030 Disposal of refuse on public property or on private property of another.
8.25.040 Accumulation of refuse on property of owner or occupant.
8.25.050 Removal of refuse by persons.
8.25.060 Owner may contract for special collection services.
8.25.070 Spillage or leakage of refuse.
8.25.080 Containers required – Description, storage.
8.25.090 Number of containers required.
8.25.100 Refuse bins at certain premises.
8.25.110 Collection hours, quietness of collections and collection equipment.
8.25.120 Frequency of collection.
8.25.130 Liability for payments of service.
8.25.140 Penalty for failure to pay for refuse service.
8.25.150 Administration by City Manager.
8.25.160 Inspection of premises.
8.25.170 Disposal of dangerous materials or substances or hazardous wastes.
8.25.180 Property interest in refuse removed.
8.25.190 Authorized persons for refuse collection.
8.25.200 Contract required.
8.25.210 Application – Filing, contents.
8.25.220 Public hearing requirements.
8.25.230 Duty of applicant – Publication expenses.
8.25.240 Resolution of intention to grant franchise – Notice of hearing – Publication of notice – Time for hearing.
8.25.250 Public hearing requirements – Protests – Considerations – Grant of contract.
8.25.260 Duty to maintain books.
8.25.270 Violation by grantee – Liability for damages to the City – Liability for operating without a contract.
8.25.275 Mandatory recycling.
8.25.280 Recyclable material – Deposit and collection.
8.25.285 Construction and demolition debris recycling.
8.25.290 Intent and purpose of the rules and regulations.
8.25.300 Adoption of the rules and regulations and incorporation by reference.
8.25.310 Promulgation of amendments to the rules and regulations.
8.25.320 Responsibility for enforcement.
8.25.330 Violation.
8.25.340 Violations for disposal of refuse.
Stat. Ref.: Garbage and refuse disposal generally, H. & S.C.A. § 4100 et seq.
8.25.010 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
(a) “A” definitions:
(1) “Applicant” means any individual, firm, limited liability company, association, partnership, government agency, municipality, industry, public or private corporation or any other entity whatsoever who applies to the City for the applicable permits to undertake construction, demolition or renovation projects within the City.
(2) “Approved disposal facility” means any facility, duly approved by the State of California, that is authorized to accept the disposal of specific types of refuse.
(b) Reserved for future use.
(c) “C” definitions:
(1) “City Manager” means the City Manager of the City or a duly appointed representative designated by the City Manager.
(2) “Collector” means the City or any exclusive or nonexclusive franchise hauling contractor duly authorized by the City Council to collect, transport and dispose of refuse under specific contract terms with the City.
(3) “Commercial” means the designated zoning for commercial, professional office or general office development as shown on the official zoning map of the City.
(4) “Commercial business” means any firm, limited liability company, association, partnership, government agency, municipality, industry, public or private corporation occupying property zoned for commercial, industrial, institutional or mixed use on the official zoning map of the City.
(5) “Compostable material” means organic refuse that can be biologically degraded or transformed under controlled conditions designed to promote aerobic decomposition.
(6) “Composting” means the biological degradation and transformation of organic refuse under controlled conditions designed to promote aerobic decomposition.
(7) “Construction and demolition debris” or “C&D debris” means used or discarded materials removed from the premises during a construction, demolition or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any pavement, residential structure, commercial building or other structure.
(8) “Construction and demolition debris materials check-off list” means a report submitted by the applicant when obtaining a construction or demolition permit that identifies the various types of construction and demolition debris that will be generated as a result of any covered project.
(9) “Construction and demolition debris recycling report” means a report prepared that identifies the amounts of all construction and demolition debris generated as a result of a covered project, and the amounts recycled or diverted.
(10) “Container” means all types of receptacles used for the storage of refuse including but not limited to carts, front-load roll-off bins, drop body debris bins and compactors.
(d) “D” definitions:
(1) “Disposal” means the final disposition of refuse at a permitted landfill or other permitted solid waste disposal facility, as defined in California Public Resources Code Section 40192.
(2) “Divert” means to use material for any purpose other than a landfill or transformation facility.
(e) Reserved for future use.
(f) Reserved for future use.
(g) “G” definitions:
(1) “Garbage” means all classes of refuse material that are not recycled or recovered through a composting or anaerobic digestion process and is disposed of in a landfill or other permitted solid waste disposal facility.
(2) “Green waste” means a broad subset of compostable materials that includes lawn and shrubbery clippings, weeds, leaves, tree limbs, wood and other similar waste materials that are rejected, abandoned or discarded by the owner or producer of materials.
(h) Reserved for future use.
(i) “I” definitions:
(1) “Industrial” means the designated zoning for industrial development as shown on the official zoning map of the City.
(2) “Institutional” means the designated zoning for public or quasi-public development as shown on the official zoning map of the City.
(j) Reserved for future use.
(k) Reserved for future use.
(l) “L” definitions:
(1) “Landfill” means a permitted solid waste disposal facility that is used for the disposal of garbage.
(m) “M” definitions:
(1) “Material recovery facility” means a facility that processes mixed types of refuse for the purpose of removing recoverable materials for recycling, composting or other landfill diversion activity.
(2) “Mixed use” means the designated zoning for mixed use as shown on the official zoning map of the City.
(3) “Mixed waste processing” means the process of removing recyclables or compostable material from loads of mixed refuse before sending the garbage to a permitted landfill for disposal.
(n) Reserved for future use.
(o) Reserved for future use.
(p) Reserved for future use.
(q) Reserved for future use.
(r) “R” definitions:
(1) “Recoverable material” means all materials that have the potential to be recovered from refuse containers for recycling, composting, anaerobic digestion or other processes. This material includes, but is not limited to: green waste, food waste, plastics, glass, white paper, newspaper, mixed paper, cardboard, electronics, scrap metals and miscellaneous types of construction and demolition debris.
(2) “Recyclables” means all recoverable material that is recycled and made into a new product, but does not include recoverable material that is not recycled.
(3) “Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage 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. The collection of organic materials for the purpose of composting or conversion to biogas are considered recycling programs.
(4) “Refuse” means all classes of solid waste generated in the City, including all waste matter and materials, putrescible or nonputrescible, solid or liquid wastes, except sewage, whether combustible or noncombustible, including garbage and recyclable material, and excluding hazardous wastes.
(5) “Residential” means the designated zoning for residential development as shown on the official zoning map of the City, or other property used for residential purposes, regardless of zoning designation.
(6) “Responsible party” means an individual or entity that is responsible for implementing and paying for refuse collection services at a residential or commercial business property.
(7) “Reuse” means the further or repeated use of materials, including but not limited to C&D debris.
(8) “Rules and regulations” means such rules and regulations regarding refuse service in the City as established and amended from time to time by the City by resolution.
(s) “S” definitions:
(1) “Salvage” means the controlled removal of C&D debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.
(2) “Self-haul” means a responsible party who transports refuse to a permitted facility using their own vehicle and employees rather than using a franchised hauler.
(3) “Single-stream recycling” means a recycling program offered by collectors in which generators place multiple types of non-construction and demolition recoverable materials in a single container that is designated specifically for recyclables and is taken to a material recovery facility for processing.
(4) “Source-separated recycling” means a recycling program offered by collectors in which generators place a single type of recyclable or compostable material in a container designated specifically for that material.
(t) Reserved for future use
(u) Reserved for future use
(v) Reserved for future use
(w) “W” definitions:
(1) “WMP compliance official” means the City Manager or his/her designee.
(x) Reserved for future use.
(y) Reserved for future use.
(z) Reserved for future use.” (Ord. 1894 § 2, 2-14-12).
8.25.020 Declaration of policy.
The City Council finds that it is beneficial and in the interest of the health, safety, and welfare of all citizens of the City that there be a comprehensive system for the periodic collection, removal and disposal of all refuse from all premises in the City. The charges levied pursuant to this chapter are a charge for the privilege of having refuse collection, removal, and disposal service and are to be paid regardless of whether the privilege is actually used. (Ord. 1709 § 2, 1-6-98. Formerly § 13-21).
8.25.030 Disposal of refuse on public property or on private property of another.
(a) No person shall store, collect, haul, transport, or dispose of any refuse contrary to the provisions of this chapter or under the rules and regulations promulgated pursuant thereto.
(b) No person shall throw, drop, leave, dump, bury, burn, place, keep, accumulate or otherwise dispose of any refuse upon public property or the private property of another without permission or approval of the property owner, and except in accordance with all applicable laws, ordinances, resolutions, and the rules and regulations. (Ord. 1709 § 2, 1-6-98. Formerly § 13-22).
8.25.040 Accumulation of refuse on property of owner or occupant.
No owner or occupant of property shall permit the unsanitary or hazardous accumulation of refuse on such property. (Ord. 1709 § 2, 1-6-98. Formerly § 13-23).
8.25.050 Removal of refuse by persons.
(a) Any owner or occupant of residential, institutional, or commercial property, subject to the exceptions provided in subsection (b) of this section, must use the collection services provided by the City under its collection programs and the City’s exclusive franchise collector, Santa Clara Valley Industries, LLC, pursuant to the agreement between the City and Santa Clara Valley Industries, LLC, dated January 1, 1998, as amended, or any other successor franchise collector designated by the City for the collection, transportation and disposal of refuse created or produced on the premises occupied by such person. All contracts required by SCCC 8.25.200 are available for review in the office of the City Clerk.
(b) Notwithstanding the provisions of subsection (a) of this section, a person who is not a collector may dispose of refuse as follows:
(1) Any person may dispose of refuse from his/her own private residence to an approved disposal facility.
(2) Any person may burn materials in fireplaces, heaters, or stoves for household heating or cooking purposes and may engage in composting of green waste for use on that person’s premises.
(3) Any owner or occupant of industrial property that produces refuse may dispose of such refuse or cause it to be removed and disposed of, from the property to an approved disposal facility as such refuse is created or produced on such property. Said person may either enter into a private agreement with a collector to have his/her refuse removed and disposed of or he may remove and dispose of such refuse himself/herself, utilizing his/her own employees.
(4) Any owner or occupant of commercial or institutional property may haul its own refuse, utilizing its own employees, from the premises occupied by it or under its control and dispose of such refuse at an approved disposal facility subject to such conditions as the City Council finds appropriate.
(5) Any refuse produced or created on property owned by the City, the Redevelopment Agency of the City of Santa Clara, the Sports and Open Space Authority of the City of Santa Clara, the City of Santa Clara Housing Authority or the Santa Clara Stadium Authority may be hauled by the City, by a person legally permitted to operate a business located on such property, either personally or by utilizing his/her own employees, or by a collector authorized by the City Council to haul and dispose of such refuse pursuant to the provisions of this chapter.
(6) A person who is engaged in the business of gardening or tree trimming, and a person who is engaged in building construction or building demolition, and is in either case in possession of a valid business license issued by the City, is authorized to remove and dispose of green waste or refuse, respectively, produced by such business activity itself; provided, that in all of such cases such disposal shall be made at an approved disposal facility.
(7) The removal and disposal of refuse by any person pursuant to this section shall not relieve such person from the requirements of any applicable City ordinance or resolution, the rules and regulations, or from the requirement of the payment of minimum refuse service, or other applicable charge.
(8) Any collector may haul or dispose of recyclable material; provided, that such collector purchases such materials or does not charge the person who generates such materials, directly or indirectly, by way of service fees, bin or container rentals or otherwise, for such service.
(9) All of the persons subject to the exceptions stated in this section must be in full compliance with all applicable Federal and State laws, City ordinances and resolutions, including this chapter, and the rules and regulations.
(c) A collector shall dispose of refuse in accordance with the provisions of this chapter and its applicable franchise contract. (Ord. 1709 § 2, 1-6-98; Ord. 1882 § 1, 4-19-11. Formerly § 13-24).
8.25.060 Owner may contract for special collection services.
Subject to the provisions of SCCC 8.25.050, any owner or occupant of any premises may contract with its collector for special services over and above regular services provided by the collector. (Ord. 1709 § 2, 1-6-98. Formerly § 13-25).
8.25.070 Spillage or leakage of refuse.
No person or collector shall allow any refuse of any kind whatsoever to leak, spill, blow, or drop from any vehicle operated or controlled by such person or collector in the City on any public street or place within the city. (Ord. 1709 § 2, 1-6-98. Formerly § 13-26).
8.25.080 Containers required – Description, storage.
(a) A person may store refuse in containers for regular collection by a collector at such locations on the premises as described in the rules and regulations or as otherwise approved by the City Manager.
(b) It shall be unlawful for any person occupying any premises within the city, or for any person owning, controlling, or maintaining any premises within the city where refuse is created, produced, or accumulated, to:
(1) Fail or neglect to procure and maintain a sufficient number of containers for receiving and holding all refuse that is produced, created, or accumulated on the premises during one week, unless a more frequent collection schedule is provided to such premises. If a more frequent collection schedule is provided, the number of containers must be sufficient to hold the refuse generated during the shorter period.
(2) Fail or neglect to place, keep, and maintain each and every container within an enclosure or within the side or rear yard of the premises where the refuse is produced.
(c) All containers shall remain in an enclosure or within the side or rear yard of the premises unless the rules and regulations, which are approved from time to time by the City Council, authorize set-out and placement upon the public parkway or at the sidewalk line in front of said premises for collection of its contents. The time for container set-out for collection and obligatory return shall be set forth in said rules and regulations.
(d) All refuse shall be stored in containers except at times when the City Council shall authorize the placement of certain types of green waste or recyclable material which may be bundled for collection without containers. Containers shall be at all times kept in good, safe, usable, and sanitary condition. (Ord. 1709 § 2, 1-6-98. Formerly § 13-27).
8.25.090 Number of containers required.
(a) For the purpose of this section, a container is deemed to have a capacity of not more than thirty-two (32) gallons liquid measure. In determining the sufficiency of the number of containers required for any of the following places or premises, the following minimum standards shall apply:
(1) Single-family residential users shall have no less than one container.
(2) Apartment houses, duplexes, condominiums, and other types of multifamily residential buildings shall have no less than one container or its equivalent per dwelling unit.
(3) Motels, hotels, trailer parks, or mobile home parks shall have no less than one container or its equivalent per unit or space.
(b) Where insufficient containers are maintained on premises to hold all refuse created, produced, or accumulated on a place or premises to the detriment of the health, safety, and welfare of the public, the City Manager may require a higher level of service, and the cost of said service shall be paid for by the occupant of the premises or the owner of unoccupied premises. (Ord. 1709 § 2, 1-6-98. Formerly § 13-28).
8.25.100 Refuse bins at certain premises.
(a) Refuse placed in containers at industrial, commercial, institutional, or multiple residential premises shall be placed in a bin, box, or other container that meets all requirements for such containers as stated in the rules and regulations. Any such container shall be designated and maintained in a manner that enables it to be easily opened and closed for refuse deposit and removal by persons entitled thereto.
(b) Any contract entered into by the City for refuse collection may, among other things, provide for the availability of approved containers furnished by the collector, subject to SCCC 8.25.050(b)(8). In such event the collector shall be responsible for the general repair and upkeep of all containers. Collector shall inspect, touch-up, or repaint, if necessary, such containers as required under the rules and regulations, and shall maintain such containers in a sanitary condition. (Ord. 1709 § 2, 1-6-98. Formerly § 13-29).
8.25.110 Collection hours, quietness of collections and collection equipment.
(a) Refuse collection shall be made within the hours established by the City Council, for all residential, commercial, institutional, industrial, and other districts.
(b) All collections shall be made as quietly as possible. All unnecessarily noisy trucks or equipment for such uses are prohibited. (Ord. 1709 § 2, 1-6-98. Formerly § 13-30).
8.25.120 Frequency of collection.
All refuse from all residential, commercial, industrial, and institutional properties within the city shall be collected at least once a week, unless otherwise approved in writing by the City Manager. (Ord. 1709 § 2, 1-6-98. Formerly § 13-31).
8.25.130 Liability for payments of service.
Every person occupying, owning, controlling, or maintaining any premises within the city where a refuse container is required to be maintained shall be liable for the applicable refuse service charges. (Ord. 1709 § 2, 1-6-98. Formerly § 13-32).
8.25.140 Penalty for failure to pay for refuse service.
(a) All charges imposed by the City Council for refuse collection and disposal service shall be a civil debt owing to the City from the person maintaining or controlling the premises entitled to or receiving the service.
(b) All such charges shall be billed along with the other municipal utility bills and shall be subject to the provisions of the City’s utility rules and regulations governing the collection and payment of utility charges.
(c) The collection of the charges imposed pursuant to this section shall be in addition to any other remedies available to the City for the failure of any person to pay said charges. (Ord. 1709 § 2, 1-6-98. Formerly § 13-33).
8.25.150 Administration by City Manager.
(a) The City Manager, or his/her designee, shall apply the rules and regulations in the proper administration and enforcement of this chapter; and
(b) The City Manager shall resolve all disputes concerning the administration or enforcement of this chapter. The City Manager’s decision in such matters shall be final. (Ord. 1709 § 2, 1-6-98. Formerly § 13-34).
8.25.160 Inspection of premises.
To the extent permitted by law, the City Manager, or his/her designee, may inspect all premises within the city from time to time and examine the condition of the premises to determine compliance with the provisions of this chapter. (Ord. 1709 § 2, 1-6-98. Formerly § 13-35).
8.25.170 Disposal of dangerous materials or substances or hazardous wastes.
(a) No person shall place any explosive, highly flammable, toxic, radioactive material or substance, or hazardous waste in any container with the intent to dispose of said material, substance or hazardous waste without first making special arrangements as required by Federal, State, or local law for the collection, storage, transportation, and disposal of such material, substance, or hazardous waste. For purposes of this chapter, the term “hazardous waste” shall be defined as set forth in California Health and Safety Code Section 25117, as amended.
(b) The City may provide by contract or otherwise for a duly licensed local depository or facility to be available to service all the residential living units in the City in the disposition of “hazardous waste” generated on such premises.
(c) The City Council finds that it is beneficial and in the interest of the health, safety and welfare of all persons in the City that hazardous waste in residential units be appropriately disposed of from the residential premises all in accordance with the law to any City-provided local depository or facility therefor. Any charge(s) levied pursuant to this section is a charge for the privilege of having such City-provided depository or facility available and is to be paid regardless of whether the privilege is actually used.
(d) All hazardous wastes shall be stored, transported, and disposed of as required by Federal, State, and local law, and all hazardous waste shall be deposited at any City-supplied depository or facility therefor all in accordance with City Council-adopted rules and regulations involving hazardous waste.
(e) All charges imposed by the City Council for supplying depository or facility to service residential living units in the City in the deposition of “hazardous waste” shall be a civil debt owing to the City from the person maintaining or controlling the premises entitled to or receiving the service.
(f) All such charges shall be billed along with the other municipal utility bills and shall be subject to the provisions of the City’s utility rules and regulations governing the collection and payment of utility charges. (Ord. 1709 § 2, 1-6-98. Formerly § 13-36).
8.25.180 Property interest in refuse removed.
All refuse, upon being removed from the premises where produced or accumulated, shall become and be the property of the collector immediately upon the collection thereof. (Ord. 1709 § 2, 1-6-98. Formerly § 13-37).
8.25.190 Authorized persons for refuse collection.
The City may by contract grant one or more franchises for the collection and disposition of any refuse within the city limits. Any such franchise may be exclusive or nonexclusive as to the type of refuse and/or the type of premises covered as the City shall determine. For this purpose contracts may be entered into by the City in the manner authorized by the Charter of the City or by law, including, but not limited to, Section 49300 of the Public Resources Code. The rights and privileges granted by any contract pursuant to this chapter may not be assigned without the express written consent of the City Council. (Ord. 1709 § 2, 1-6-98. Formerly § 13-38).
8.25.200 Contract required.
Except as allowed under SCCC 8.25.050, no person shall engage in the business of collecting, transporting, or disposing of any refuse kept or accumulated in the City unless authorized to do so under and by virtue of a contract then existing between the person and the City. The City may in its discretion and in accordance with SCCC 8.25.190, enter into a contract with any person or persons thereby authorizing such person or persons to engage in the business of collecting, transporting, and disposing of refuse produced, kept, or accumulated in the City. Each and every such contract shall describe the terms, conditions, restrictions, and limitations as may be deemed necessary or convenient for the preservation, protection, or enhancement of the public peace, health, safety, and general welfare; provided, that no contract shall be granted without reserving to the City adequate compensation for the privilege conferred. (Ord. 1709 § 2, 1-6-98. Formerly § 13-39).
8.25.210 Application – Filing, contents.
The procedure to obtain a contract granting a franchise under this chapter shall be as follows:
(a) Any person desiring an amendment to an existing franchise contract solely for a change in the collection rates contained therein and pursuant to the terms and conditions of said contract shall obtain such amendment by following the procedures as set forth in that contract. The City shall consider such an amendment pursuant to the terms of the contract. No public hearing shall be required unless expressly provided for in such contract and the procedures included in this chapter shall be inapplicable to the extent inconsistent with the contract.
(b) Any person desiring to obtain a contract or an amendment to an existing contract, except as set forth in subsection (a) of this section, shall apply for a contract, which includes an amended contract, for the purpose of providing certain services that the applicant seeks permission from the City to supply, relating to collecting, transporting, or disposing of garbage, refuse, or rubbish in the City. The applicant shall apply by filing with the City an application to provide such services.
Such application shall include the following:
(1) The name and address of the applicant as well as the principal officers and directors of the applicant if the applicant is not a natural person;
(2) The service that the applicant proposes to provide, the cost of such service, and the terms and conditions of such service;
(3) The term for which the applicant desires to engage in business;
(4) The compensation to be paid by the applicant for the privilege conferred by the contract;
(5) An assurance satisfactory to the City Manager that the services proposed do not conflict with the operative provisions of any existing exclusive franchise contract; and
(6) Any other information required by the City Manager to evaluate the applicant’s qualifications, experience, and financial ability to provide such service. (Ord. 1709 § 2, 1-6-98. Formerly § 13-40).
8.25.220 Public hearing requirements.
(a) Upon receipt of an application by the City Council, the City Council must notice and provide a public hearing whenever it finds that the application for a refuse contract is completed to its satisfaction, except under the following conditions:
(1) The City Council determines that the application cannot be approved as applied for without conflict with the operative provisions of an existing exclusive franchise contract; or
(2) The applicant does not advance fees required by SCCC 8.25.230.
(b) If the City Council is not mandated to notice and provide a hearing under subsection (a) of this section, the application shall be deemed rejected and no contract shall be awarded on the basis of such application. (Ord. 1709 § 2, 1-6-98. Formerly § 13-41).
8.25.230 Duty of applicant – Publication expenses.
Applicant for a contract shall pay to the City a fee in the form of a sum of money sufficient to reimburse the City for all expenses in connection with the processing of the application, including publication expenses. Said fee shall be set as prescribed in the rules and regulations. (Ord. 1709 § 2, 1-6-98. Formerly § 13-42).
8.25.240 Resolution of intention to grant franchise – Notice of hearing – Publication of notice – Time for hearing.
(a) When a public hearing is mandated under SCCC 8.25.220, the City Council shall pass a resolution of intention to grant a franchise, which:
(1) States the character of the proposed contract;
(2) Sets forth a notice of the day, hour, and place when and where all persons having an interest in granting the contract may appear before the City Council and be heard thereon; and
(3) Directs the City Clerk to publish the notice at least once within fifteen (15) days after the passage of the resolution in a newspaper of general circulation within the city.
(b) Time fixed for the hearing shall be not less than twenty (20) days nor more than sixty (60) days after the date of passage of the resolution. (Ord. 1709 § 2, 1-6-98. Formerly § 13-43).
8.25.250 Public hearing requirements – Protests – Considerations – Grant of contract.
(a) At the time set for the public hearing for consideration of a pending application for a refuse contract, if such a hearing is required under this chapter, the City Council shall:
(1) Consider the applicant’s ability to carry out the service proposed to be provided by the contract, the financial and business experience and standing of the applicant, and any other pertinent factors, including the public interest served; and
(2) Hear the application and the comments of interested persons.
(b) The City Council may adjourn the public hearing from time to time at the City Council’s discretion.
(c) Following the conclusion of the hearing, the City Council shall decide if the contract shall be granted.
(d) Henceforth, a person’s acceptance of a franchise by entering into a contract with the City under the provisions of this chapter shall operate as an abandonment of all of that person’s pre-existing franchises, rights, and privileges in lieu of which the contract is granted, except as expressly provided in such contract.
(e) If the City Council’s proffered contract is not accepted by the applicant by execution within ten days of the City Council’s decision to enter into the contract to grant the franchise, the City Council’s offer is revoked and the application is denied. (Ord. 1709 § 2, 1-6-98. Formerly § 13-44).
8.25.260 Duty to maintain books.
Any person holding the privilege granted by a contract pursuant to this chapter shall keep and maintain such books and records as may be required by the City Council as part of said contract. The City shall have free access, and the right at any time, to inspect and audit any books and records required to be maintained by the person holding the privilege granted under this chapter and for a period of three years following the expiration or termination of the franchise, whichever occurs first. (Ord. 1709 § 2, 1-6-98. Formerly § 13-45).
8.25.270 Violation by grantee – Liability for damages to the City – Liability for operating without a contract.
(a) The grantee of a contract under this chapter shall be liable to the City for all damages proximately caused or resulting from the failure of the grantee to faithfully observe and perform any provisions of such contract and/or any provision of this chapter. If legal proceedings are necessary to enforce the provisions of the contract against any grantee of said contract, said grantee shall be liable for the value of the services of attorneys and of other personnel as well as the expenses of the City that are necessary to gain compliance.
(b) Except as provided in SCCC 8.25.050(b), any person providing services consisting of collecting, transporting, or disposing of refuse in the City without the benefit of a duly executed contract with the City shall be subject to criminal prosecution for violation of this chapter and shall be liable to the City for the value of the services of attorneys, other personnel, and expense of the City. Such person shall also be liable for the fees the City would have been entitled to if said person had been the duly authorized collector under contract with the City. (Ord. 1709 § 2, 1-6-98. Formerly § 13-46).
8.25.275 Mandatory recycling.
(a) All responsible parties of residential properties are required to subscribe to and maintain residential recycling services for each individual household in the dwelling. An exception may be granted at the discretion of the City Manager or the City Manager’s designated representative if it is determined there is not sufficient storage space for the containers at the residential property.
(b) All responsible parties of commercial business properties are required to subscribe to and maintain commercial recycling services at commercial business properties that generate greater than or equal to four cubic yards of refuse per week. If the collector transports containers of refuse generated at the commercial business property to a material recovery facility for the purposes of mixed waste processing, the commercial business property will be deemed to be subscribing to recycling services. An exception may be granted at the discretion of the City Manager or the City Manager’s designated representative if it is determined there is not sufficient storage space for the containers at the commercial business property.
(c) Collectors are prohibited from providing garbage service to responsible parties of commercial business properties subject to the mandatory recycling requirements without providing a recycling program that includes the collection of a container no less than thirty-two (32) gallon capacity, provided by the collector, at least one time per week. The only exceptions to this requirement are the following:
(1) The collector provides a mixed waste processing program to the commercial business in which refuse containers are taken to a material recovery facility for processing to remove recyclable and/or compostable materials.
(2) The collector may verify the responsible party has implemented and maintains a recycling program with a different service provider.
(3) The collector may verify the responsible party has been granted an exception to the mandatory commercial recycling program from the City Manager or the City Manager’s designated representative.
(d) The disposal of garbage in containers designated for source-separated or single-stream recycling and composting is prohibited.
(e) All new construction and remodeling of existing residential and commercial business structures is required to be designed to adequately store containers for both recycling and garbage. (Ord. 1894 § 5, 2-14-12).
8.25.280 Recyclable material – Deposit and collection.
(a) Recyclable material set out for collection at residential properties or other classes of properties (subject to the right of any collector under such collector’s contract with the City) that may be so designated by the City Council shall become the property of the City, the City’s authorized recyclable materials collector, or a person expressly authorized by the owner or occupant of the properties served, and only these persons shall have the exclusive right to said recyclable material.
(b) Various properties and facilities may be approved from time to time by the City in accordance with the rules and regulations as authorized locations for the deposit of recyclable materials. (Ord. 1709 § 2, 1-6-98. Formerly § 13-47).
8.25.285 Construction and demolition debris recycling.
(a) Covered Projects. All construction, demolition, and renovation projects within the City, which involve the construction, demolition or renovation of 5,000 square feet or more (“covered projects”) shall comply with this section. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on a single or adjoining parcels, as determined by the WMP Compliance Official, shall be deemed a single project.
(b) No building, demolition or site development permit shall be issued for a covered project unless and until the applicant has submitted a construction and demolition debris materials check-off list, identifying all waste materials expected to be generated as a result of the project.
(c) Applicants for any covered project are required to recycle or divert at least fifty percent (50%) of materials generated for discards by the project.
(d) Within sixty (60) days after the completion of any covered project, the applicant shall submit to the WMP Compliance Official a construction and demolition debris recycling report, demonstrating that it has met the diversion requirement for the project.
(e) Any applicant that fails to meet the fifty percent (50%) diversion mandate must pay a penalty. The penalty amount shall be equal to the project square footage, multiplied by the difference between fifty percent (50%) and the actual project diversion percentage, multiplied by one dollar ($1.00) per square foot.
(f) Any applicant that fails to submit the construction and demolition debris recycling report within sixty (60) days following completion of the project shall be charged a late fee, in an amount of ten percent (10%) of the diversion penalty fee or one hundred dollars ($100.00) per month, whichever is greater.
(g) Any applicant that fails to submit the construction and demolition debris recycling report within one hundred twenty (120) days following completion of the project shall be subject to civil or criminal penalties as authorized by SCCC 8.45.010. (Ord. 1894 §§ 3, 4, 2-14-12; Ord. 1779 § 2, 11-12-02).
8.25.290 Intent and purpose of the rules and regulations.
(a) It is the intent of the City Council to incorporate by reference the terms and provisions of the “City of Santa Clara Rules and Regulations Regarding Garbage, Refuse, Recycling and/or Clean Green Service” (herein “rules and regulations”), as such rules and regulations are adopted and subsequently amended by the City Council. The City Council finds and determines that the purpose and necessity for the terms and provisions contained in the rules and regulations enacted by this chapter shall include, but not be limited to:
(1) Establishing fees for processing applications;
(2) Regulations relating to the required frequency of refuse collections from various types of properties;
(3) The type of special containers required for certain classes of properties; and
(4) Regulations governing the vehicles used in making such collections.
(b) Any future amendments to the rules and regulations shall be adopted by resolution of the City Council as the City Council may deem necessary to govern garbage disposal and transportation services furnished by the City’s franchisee. It is anticipated that the rules and regulations will be amended from time to time by the City Council in response to changing facts and circumstances which may affect the operation of the City’s garbage disposal and transportation services or as a result of any applicable State, Federal or local laws.
(c) In the event of any conflicts or inconsistencies between the provisions of this chapter and the provisions of any other chapter(s) of the City Code, the provisions of this chapter shall control, unless to do so would be inconsistent with the stated purpose of this chapter.
(d) Every property owner, tenant, person or organization supplied with garbage disposal and transportation services by the City’s franchisee shall be considered as having given express consent to be bound by this chapter and the rules and regulations. (Ord. 1709 § 2, 1-6-98. Formerly § 13-48).
8.25.300 Adoption of the rules and regulations and incorporation by reference.
The terms and provisions contained in the rules and regulations are hereby adopted and incorporated into this chapter by this reference. (Ord. 1709 § 2, 1-6-98. Formerly § 13-49).
8.25.310 Promulgation of amendments to the rules and regulations.
(a) Subject to City Council review and approval by resolution, the City Manager or his/her designee may, from time to time as she/he may deem necessary or expedient for the administration or implementation of this chapter, review, revise, and/or promulgate new or amended rules and regulations concerning the operation or administration of garbage disposal and transportation services.
(b) Any new or amended rules and regulations promulgated by the City Manager and adopted by the City Council by resolution shall have the same force and effect as the rules and regulations adopted and incorporated into this chapter by reference.
(c) All garbage disposal and transportation services furnished to Santa Clara residents by the City’s franchisee shall be charged, according to rate schedules, tariff schedules and rules and regulations that may be amended from time to time. Such rates, when subsequently adopted, shall supersede any previously adopted rates. One copy of each rate schedule, tariff and rules and regulations shall at all times be on file in the office of the City Clerk and one copy shall be on file in the office of the Street Department and shall be open to public inspection during office hours of any working day. (Ord. 1709 § 2, 1-6-98. Formerly § 13-50).
8.25.320 Responsibility for enforcement.
The primary responsibility for enforcement of the provisions of this chapter or the rules and regulations shall be vested in the City Manager or his/her agent(s) as the City Manager shall designate. In addition, other employees of the City are hereby authorized to act as agents of the City with the power to inspect, issue notices of violation, and write citations for any violation of this chapter. (Ord. 1709 § 2, 1-6-98. Formerly § 13-51).
8.25.330 Violation.
It shall be unlawful for any person to violate the provisions of this chapter or the provisions contained in the rules and regulations, adopted and incorporated herein. (Ord. 1709 § 2, 1-6-98. Formerly § 13-52).
8.25.340 Violations for disposal of refuse.
It shall be unlawful for any person or collector to dispose of refuse on the land utilized by the City, if any, as an authorized disposal facility except in compliance with the provisions of this chapter and the provisions of the applicable rules and regulations. Any violation of such rules and regulations or any other rule or regulation adopted under this chapter shall be deemed to be a violation of this chapter. (Ord. 1709 § 2, 1-6-98. Formerly § 13-53).