Chapter 30.60
BUSINESS RECYCLING

Sections:

30.60.010    Purpose and declarations.

30.60.020    Participation in recycling program.

30.60.030    Requirements for covered generators.

30.60.040    Special requirements.

30.60.050    Designation of recyclable materials.

30.60.060    Ownership of recyclable materials.

30.60.070    Requirements for registered or franchised commercial haulers.

30.60.080    Requirements for service agreements.

30.60.090    Requirements for recycling plans.

30.60.100    Requirements for authorized recyclers.

30.60.110    Requirements for self-hauling.

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

30.60.130    Reporting.

30.60.140    Exemptions from recycling standards.

30.60.010 Purpose and declarations.

A. It is the intent and purpose of this chapter to promote recycling by: 1) requiring businesses, nonresidential properties, multifamily properties, and single-family residential properties managed by an association or other organization in the City to keep recyclable materials separate from all other solid waste for recycling; 2) requiring businesses, nonresidential properties, multifamily properties, and single-family residential properties managed by an association or other organization to provide signs and labeled containers for the storage and collection of recyclable materials; and 3) requiring businesses, nonresidential properties, multifamily properties, and single-family residential properties managed by an association or other organization 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, nonresidential properties, multifamily properties, and single-family residential properties managed by an association or other organization within the City, to thereby enable the City to meet and maintain the seventy-five (75%) percent waste diversion requirements set forth in PRC Section 41780.01, and as may be amended. [Ord. 32-2017 §5, eff. 2-9-2018; Ord. 10-2010 §4, eff. 6-25-2010]

30.60.020 Participation in recycling program.

All businesses, nonresidential properties, multifamily properties, and single-family residential properties managed by an association or other organization, shall participate and cooperate in a recycling program. Each business, nonresidential property, and multifamily property (whoever contracts for solid waste removal service, owners or generators), shall subscribe to a recycling service or self-haul recyclable materials to a recycling facility. Single-family residential properties managed by an association or other organization shall also subscribe to recycling services or self-haul recyclable materials to a recycling facility if they are not participating in a residential curbside collection recycling program. [Ord. 10-2010 §4, eff. 6-25-2010]

30.60.030 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 pursuant to EGMC Section 30.60.050 from solid waste;

2. Subscribe to 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 registered or franchised commercial hauler, or authorized recycler, for the collection of designated recyclable materials; or 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 City Manager 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 (1) 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 City Manager 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 City Manager or 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 registered or franchised commercial 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 registered or franchised commercial hauler, or authorized recycler, to deliver designated recyclable materials to a recycling or processing facility.

J. Each multifamily residential property and each single-family residential property managed by an association or other organization (whoever contracts for solid waste removal service, owners or generators), shall subscribe to a recycling service that diverts a minimum of thirty (30%) percent of total capacity for recycling materials.

K. Each multifamily residential property and each single-family residential property managed by an association or other organization (whoever contracts for solid waste removal service, owners or generators), shall place recyclable materials containers in a location or locations at least as convenient to tenants as the solid waste containers.

L. After taking reasonable measures to inform tenants who are covered generators of recycling requirements and responsibilities, no property owners or property managers who are covered generators shall be cited for noncompliance with this chapter as a result of the failure of their rental property tenants to source-separate designated recyclable materials from solid waste. Such reasonable measures may include, but are not limited to, lease agreement provisions requiring tenants to source-separate recyclable materials and periodic tenant education efforts, such as the distribution of informational flyers or handouts.

M. Every multifamily residential unit shall have a recyclable materials container provided by either the multifamily residential property owner or by the multifamily residential tenant as part of their rental agreement. [Ord. 32-2017 §5, eff. 2-9-2018; Ord. 10-2010 §4, eff. 6-25-2010]

30.60.040 Special requirements.

In addition to any and all requirements that apply to the recycling of designated recyclable materials throughout the City in this chapter, 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; and

B. Compliance with the special requirements in subsection (A) of this section shall be the sole responsibility of the covered generator. [Ord. 10-2010 §4, eff. 6-25-2010]

30.60.050 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 City Manager shall specify designated recyclable materials that shall be source-separated by all covered generators pursuant to EGMC Section 30.60.030. 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. 10-2010 §4, eff. 6-25-2010]

30.60.060 Ownership of recyclable materials.

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

B. Except as authorized by EGMC Section 30.60.110, 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 registered or franchised commercial hauler or an authorized recycler. [Ord. 10-2010 §4, eff. 6-25-2010]

30.60.070 Requirements for registered or franchised commercial haulers.

A. Commercial haulers shall be registered or franchised pursuant to the provisions of EGMC Chapter 30.50, and such registration or franchise shall be in full force and effect.

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

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

D. Registered or franchised commercial haulers may subcontract for collection of designated recyclable materials, so long as the subcontractor holds a current registration or franchise with the City, or is an authorized recycler.

E. Registered or franchised commercial 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. Registered or franchised commercial haulers shall not take a customer’s designated recyclable materials to a landfill or other disposal site, but to a recycling facility.

G. Registered or franchised commercial haulers, upon request, shall provide the City Manager 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 City Manager at the registered or franchised commercial haulers’ place of business during normal business hours.

H. City staff may audit all registered or franchised commercial haulers’ records. [Ord. 10-2010 §4, eff. 6-25-2010]

30.60.080 Requirements for service agreements.

A. Registered or franchised commercial haulers, and authorized recyclers, shall execute a written service agreement with all covered generators, as required in EGMC Section 30.60.030, before the registered or franchised commercial 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 registered or franchised commercial 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 registered or franchised commercial hauler, or authorized recycler, but recognizing that the hauler’s registration or franchise, or the recycler’s authorization, granted by the City shall 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 (1) year, unless either party gives written notice of termination by certified or registered mail at least sixty (60) days prior to termination date of the current agreement;

6. May be amended as mutually agreed upon by the customer and the registered or franchised commercial hauler, or authorized recycler;

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

8. Registered or franchised commercial haulers, and authorized recyclers, shall respond to customer inquiries regarding the service agreement within thirty (30) days;

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

10. Not require customers to pay over three (3) months’ liquidated damages during the renewal term and over six (6) months’ liquidated damages during the initial term of the service agreement;

11. Not require a customer to give a registered or franchised commercial hauler, or authorized recycler, 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 registered or franchised commercial haulers, or authorized recyclers, the right to respond to such an offer; and

13. Registration or franchises shall 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 registered or franchised commercial hauler, or authorized recycler, and a customer, executed before the effective date of 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 (contracts or agreements between waste management companies and multisited, waste-generating companies that operate throughout the country) are exempt from the requirements of contract length and renewal terms. [Ord. 10-2010 §4, eff. 6-25-2010]

30.60.090 Requirements for recycling plans.

A. The City Manager shall provide a recycling plan template to each registered or franchised commercial hauler in order to document compliance with this chapter for each covered generator.

B. Registered or franchised commercial haulers shall present, complete, and sign a recycling plan for each covered generator located in the City.

C. Registered or franchised commercial haulers shall maintain a copy of each completed recycling plan, and submit to the City Manager for audit purposes within five (5) days of receipt of a written request.

D. Registered or franchised commercial haulers shall complete and have on file with the City recycling plans for one hundred (100%) percent of their covered generators

E. Registered or franchised commercial haulers that fail to comply with the requirements of this chapter shall be subject to penalties under EGMC Chapters 30.10 and 30.50. [Ord. 32-2017 §5, eff. 2-9-2018; Ord. 10-2010 §4, eff. 6-25-2010]

30.60.100 Requirements for authorized recyclers.

A. No person shall provide service as an authorized recycler in the City without having been granted a certificate of operation from either SWA or the City.

B. The requirements for obtaining a certificate of operation from the City include, but are not limited to, the following:

1. All authorized recyclers shall complete an application and provide information and documentation that includes:

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

b. 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.

c. Documentation that the authorized recycler 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 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.

d. Documentation that the authorized recycler 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. The authorized recycler shall defend with counsel selected by the City.

e. Without limiting the authorized recycler’s indemnification, the authorized recycler 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.

f.  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;

2. If the City Manager determines that the applicant complies with the terms of this chapter, the City Manager shall grant a certificate of operation. The City Manager shall deny an application for a certificate of operation if the City Manager determines that the applicant does not comply with the terms of this chapter;

3. The certificate of operation shall remain in effect for a period of five (5) years; and

4. The City Manager may revoke a certificate of operation if the City Manager determines, after providing thirty (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.

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

D. Authorized recyclers may subcontract for collection of designated recyclable materials, so long as the subcontractor is a registered or franchised commercial hauler, or authorized recycler.

E. 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.

F. An authorized recycler’s automatic lift containers, bins or roll-off containers for recyclable materials shall be clearly identified with the name, or recognizable corporate or company logo, and phone number of the authorized recycler such that the identification is legible from a distance of fifty (50' 0") feet.

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

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

I. Authorized recyclers, upon request, shall provide the City 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 City Manager or designee at the authorized recycler’s place of business during normal business hours.

J. The City Manager or designee may audit all authorized recyclers’ recycling records. [Ord. 32-2017 §5, eff. 2-9-2018; Ord. 10-2010 §4, eff. 6-25-2010]

30.60.110 Requirements for self-hauling.

A. A covered generator may haul or transport designated recyclable materials generated and collected at its business, nonresidential property, multifamily property, or single-family residential property managed by an association or other organization, to a recycling facility, rather than hiring a registered or franchised commercial 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, nonresidential property, multifamily property, or single-family residential property managed by an association or other organization, to a recycling facility without the utilization of a registered or franchised commercial hauler, or authorized recycler, shall 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 City Manager 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, nonresidential property, multifamily property, or single-family residential property managed by an association or other organization, to a recycling facility on a quarterly basis; and

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

C. The self-hauling form shall contain a written statement signed by the business, nonresidential property, multifamily property, or single-family residential property managed by an association or other organization owner or generator, certifying that the owner or generator is in compliance with the requirements of this chapter.

D. The City Manager may restrict or prohibit self-hauling by a person if the City Manager determines, after providing thirty (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. 10-2010 §4, eff. 6-25-2010]

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

A. Within thirty (30) days of written notification of denial, or within sixty (60) days of the City Manager’s failure to act on the certificate, applicant has the right to meet with the City Manager to review the items cited in the written notice and provide any additional evidence to support an approval. Within fifteen (15) days of such meeting, the City Manager will make a final, written determination of the application based on the reviews of additional evidence, together with the original application. The City Manager will send a copy of all final, written determinations, including reasons for denial, if any, to both the applicant and the City Council.

B. Applicant may, within ten (10) days after receiving the final denial from the City Manager, 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, applicant may present evidence in writing and through testimony of its employees and others relevant to the application. During such hearing, the City Council may demand from the applicant such additional information as the City 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 applicant with a written explanation of its determination on the application within thirty (30) days of such hearing. The City Council’s decision is final. [Ord. 10-2010 §4, eff. 6-25-2010]

30.60.130 Reporting.

A. Reporting by registered or franchised commercial haulers shall occur on an annual basis or as requested by the City Manager or designee. Registered or franchised commercial haulers shall provide annual reports on February 1st of each year. Reports shall include the following information:

1. Identify the number of covered generators that:

a. Are in compliance with this chapter;

b. Not in compliance with this chapter;

c. Subscribe to recycling service;

d. Do not subscribe to a recycling service;

e. Completed a recycling plan; and

f. Have not completed a recycling plan.

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

B. If the annual report is not filed by the due date above, the report shall be deemed delinquent and the registered or franchised commercial hauler shall pay to the City a delinquent report charge in amounts set by resolution of the City Council.

C. Registered or franchised commercial haulers’ failure to file the reports required by this chapter shall constitute cause for termination or suspension of its authorization.

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

1. The recyclable materials tonnage collected and removed within the City region; and

2. The location of the recycling facility(s) to which the recyclable materials were taken during the year.

E. The City Manager shall provide and establish guidelines, forms and other appropriate material to assist registered or franchised commercial haulers, authorized recyclers and self-haulers in preparing the reports required by this chapter. [Ord. 1-2019 §5, eff. 2-22-2019; Ord. 32-2017 §5, eff. 2-9-2018; Ord. 10-2010 §4, eff. 6-25-2010]

30.60.140 Exemptions from recycling standards.

A. Notwithstanding any other provision herein, a business, nonresidential property, multifamily property, or single-family residential property managed by an association or other organization owner or generator, shall be exempt from the requirements of this chapter if the owner or generator generates less than four (4 yd3) cubic yards of solid waste per week. Notwithstanding any other provision herein, a multifamily property of less than five (5) units shall be exempt from the requirements of this chapter.

B. Notwithstanding any other provision herein, a covered generator shall not be required to source-separate recyclable materials if the business, nonresidential property, multifamily property, or single-family residential property managed by an association or other organization owner or generator demonstrates to the City Manager 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 EGMC Section 30.60.030 if all of the generators on the owner’s business, nonresidential property, multifamily property, or single-family residential property managed by an association or other organization are exempt from, or not required to comply with, the provisions of EGMC Section 30.60.030, 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 City Manager if an exemption is granted after a site visit (requested by the covered generator) determines:

1. That there is not adequate storage space for automatic lift containers, rolling carts, bins or roll-off containers 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 containers 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 City Manager 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 Integrated Waste on a form prescribed by the City Manager. After reviewing the request, the City Manager shall either approve or disapprove the exemption request.

F. The following persons shall automatically be exempt from the requirements of this chapter: 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. 32-2017 §5, eff. 2-9-2018; Ord. 10-2010 §4, eff. 6-25-2010]