CHAPTER 20
SOLID WASTE COLLECTION AND REGULATIONS

Article 1    DEFINITIONS

4.20.102 Definitions.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Garbage. See Solid waste.

"Green waste" means all plant matter cut, trimmed or pruned from the subscriber’s premises, including grass, garden plants, flowers and tree and shrubbery trimmings, but excluding cactus, palm fronds and bamboo.

"Person" includes any individual, firm, co-partnership, corporation, association, or any other form of business enterprise.

Recyclable Materials. Defined as including glass, paper, cardboard, wood, concrete, plastic, used motor oil and filters, ferrous and nonferrous metals, aluminum and any other waste materials that are capable of being recycled.

Refuse. See Solid waste.

Rubbish. See Solid waste.

Self-Haulers. See Section 4.20.308.

"Solid waste" means all putrescible and nonputrescible solid, semi-solid and liquid wastes, including solid waste, trash, refuse, paper, rubbish, ashes, commercial and industrial wastes, green waste, construction and demolition debris. Solid waste does not include any of the following: hazardous waste, as defined in Public Resources Code Section 40141, radioactive waste and medical waste. "Refuse" refers to solid waste and rubbish, but it does not include green waste or recyclable material that has been separated for recycling, recovery or reuse. "Rubbish" refers to nonputrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber byproducts or litter.

"Special handling materials" means all materials which are defined as requiring special handling for the public health and safety by federal, state or county laws or regulations.

"Subscriber" means all persons, firms, corporations, or entities which generate or accumulate solid waste, rubbish, recyclable or salvageable materials, hazardous materials, infectious wastes or special handling materials within the boundaries of the City.

"Wastestream" means the process of placing solid waste and recyclable materials for collection, the collection of same by the franchisee, and the delivery of same by the franchisee to a licensed sanitary landfill.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

Article 2    SOLID WASTE COLLECTION FRANCHISES

4.20.202 Collection Franchises; Purpose and Declarations.

a.    It is hereby declared and determined that the business of collecting, transporting, disposing and/or recycling of solid waste affects the health, safety and public welfare and quality of life of residents of the City. Therefore, one purpose of this chapter is to regulate this business in order to ensure its orderly operation and to minimize any adverse effects on the environment.

b.    It is also the intent of this chapter to generate revenue for municipal purposes, including but not limited to the maintenance of public streets and roadways impacted by the heavily-laden vehicles used in this business.

c.    The City is required by state law to adopt and implement an integrated waste management plan and to reduce the wastestream going into landfills. This chapter is also designed to assist with these goals.

d.    The City, by adoption of this chapter, has elected to utilize the authority in state law to have the ability to grant franchises for the collection, transporting, disposing and/or recycling of solid waste and recyclable materials.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.204 Activities Which Are Unlawful Unless Authorized.

Except as specifically exempted in this chapter, it is unlawful for any person to engage in the business of collecting, transporting, disposing and/or recycling of solid waste kept, accumulated or produced in the City unless a franchise therefor has been granted pursuant to the provisions of this chapter, and unless a written franchise agreement therefor has been signed between such person and the City, and unless such franchise and agreement is in full force and effect.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.206 Exemptions.

The provisions of this chapter shall not apply to:

a.    The City of Oakley or any person employed by the City.

b.    Persons or their employees hauling no more than one ton per month of refuse which they generate pursuant to a construction project for which that person holds a valid building permit.

c.    Persons hauling source-separated recyclables who operate one vehicle and without established route or billing system.

d.    Persons operating a small collection facility and/or recycling center, to which customers themselves deliver recyclables in exchange for cash or other consideration.

e.    Self-haulers, as defined herein.

f.    Persons collecting, transporting or disposing of hazardous wastes regulated by federal or state law when engaged in that activity.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.208 City Council Authority to Grant Franchise.

The City Council may and is hereby empowered to grant to any person, whether operating under an existing franchise agreement or not, a franchise, either exclusive or nonexclusive, to engage in the business of collecting, transporting, disposing and/or recycling of solid waste and recyclable materials kept, accumulated, or produced in the City.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.210 Franchise; Terms and Conditions.

a.    The services provided by the contractor do not constitute a "public work" and are not subject to California Labor Code Sections 1720 through 1901.

b.    All franchises granted pursuant to this article shall be subject to the terms of the franchise agreement approved by the City Council and also by the terms of this chapter and of the Oakley Municipal Code.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.212 Granting of Franchise.

If the City Council wishes to grant a franchise agreement pursuant to this article, it shall do so at a regular City Council meeting. No franchise shall be effective until a written franchise agreement has been presented at a regular City Council meeting and approved by a majority vote of the City Council and has been signed and delivered by the person authorized by the franchisee to do so, and until all other requirements set forth in this chapter and in the franchise agreement have been satisfied, including but not limited to evidence of compliance with the insurance and indemnification requirements in a form acceptable to the City and specified in the agreement.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.214 Indemnification of City.

Franchisees shall indemnify and hold the City, its officers, employees and agents harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney’s fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under this chapter or under any franchise granted pursuant to this chapter.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.216 Term of Franchise.

The term of any franchise shall be as stated in the franchise agreement, but generally shall not be for a period in excess of twenty (20) years without extraordinary reason for a longer term. The franchise agreement may provide for the manner and procedure for renewal of the franchise.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.218 Termination or Suspension of Franchise.

a.    The City Council shall have the right to terminate any franchise issued pursuant to this article.

b.    Unless provided otherwise in the franchise agreement, a notice of intent to terminate a franchise shall be personally delivered or mailed to the franchisee at its address as identified in the franchise agreement. The notice shall state grounds for suspension or termination of the franchise and shall state the time, date and place of a hearing before the City Council, which shall be scheduled at least thirty (30) days subsequent to the date of the notice.

c.    Unless provided otherwise in the franchise agreement, the City Council shall have the right to terminate or suspend any franchise if it finds after hearing that:

1)    The franchisee has failed to substantially comply with a material provision of the franchise agreement, or to substantially perform any material covenant required of the franchisee by this chapter or the franchise agreement, or has violated any federal, state or local law, ordinance or regulation applicable to the operation of the franchise; or

2)    Any provision of this chapter or the franchise agreement is repealed or becomes or is declared invalid or unenforceable, and the City Council determines that such provision constitutes a material consideration to the grant or continuation of the franchise.

d.    Unless provided otherwise in the franchise agreement, prior to giving notice of intent to terminate, the City shall first provide the franchisee with a written notice of violation and order to correct, with such violation or correction to be made within thirty (30) days or such other time as may be specified in the notice. If the franchisee corrects the violation, then the City shall not pursue the termination or suspension of the franchise, unless the franchisee has been given more than one notice of violation and order to correct, in which case the City may, but is not obligated to, pursue termination or suspension of the franchise.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.220 Franchise Fees.

The franchisee shall pay a franchise fee to the City during the term of the franchise. The franchise fee shall be in the amounts and shall be paid in the manner specified in the franchise agreement. The payment of the franchise fee shall be in addition to any license fee or business license tax or fee prescribed by the City for the same period.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.222 City Inspection Authority.

The franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations within the City under the franchise granted. The franchisee’s books, accounts and records related to its operations within the City pursuant to the franchise shall be open to inspection, examination and audit by authorized officers, employees and agents of the City during times and places that do not create an unreasonable burden for the franchisee.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.224 Regulation of Rates and Charges.

If a rate and charges setting procedure is set forth in the franchise agreement, the method for determining the rates and charges shall be determined by the franchise agreement. If the franchise agreement does not set forth a rate and charges method, the provisions of this section shall apply. The rates and charges imposed by the franchisee upon residential customers shall be regulated by the City and shall be approved by the City Council in advance of the rates and charges being established and collected by the franchisee. The City Council shall approve rates and charges which cover the cost of providing the services and also provide a fair rate of return for the franchisee. The City shall maintain supervisory control over the rates and charges imposed by the franchisee on nonresidential customers in that the City Manager shall be vested with the authority to hear complaints from such customers and to resolve such matters with the franchisee.

The franchisee shall notify the City Manager of proposed increases to its rates and charges at least ninety (90) days prior to its intended commencement date for such rates and charges.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

Article 3    REQUIRED SERVICE

4.20.302 Mandatory Service.

Every owner of real property that generates solid waste, refuse, green waste or recyclables shall subscribe with the franchisee for the collection and disposal of such material. Nothing herein shall prohibit the tenants or users of property from subscribing with the franchisee for service. However, the owner of the real property shall remain ultimately responsible for establishing and maintaining a subscription for collection and disposal service with the franchisee, and for paying the fees and charges therefor.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.304 Exemptions.

The City Manager may exempt a person from the requirement for mandatory service if the premises are unoccupied or undeveloped, or if no refuse is produced or stored on the property.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.306 Level of Service.

Every owner of real property as specified in Section 4.20.302 shall maintain a level of collection and disposal service that is adequate in terms of size of containers and frequency of collection so that the refuse container(s) remain closed with tops securely in place at all times. Garbage removal service shall be provided at least once weekly. Recyclable and green waste materials shall be collected at such times as are specified in the franchise agreement or by the City Council pursuant to resolution.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.308 Unlawful Collection or Transporting of Solid Waste.

It shall be unlawful for any person, firm or corporation, other than a franchisee or its employees, a franchisee’s authorized contractor, or a person, firm or corporation otherwise exempted by state or federal law, to collect within the City or to transport or carry any solid waste, rubbish, green waste, recyclable material, hazardous waste, infectious material or special handling material through the City, except self-haulers. Self-hauling is limited to occasional residential clearing and transporting of junk and nonputrescible solid wastes such as paper, cardboard, tin cans, yard clippings, wood, glass, crockery, and plastics from one’s own property, or to contractors removing such materials from their own job sites. Contractors acting as self-haulers of construction and demolition debris shall comply with Section 4.20.324 of the Oakley Municipal Code.

(Sec. 1, Ordinance No. 16-10, adopted September 28, 2010; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.310 Burning and Burying Solid Waste.

It shall be unlawful for any person, firm, corporation or entity to discard, burn, or bury any solid waste or rubbish on any private or public property, except in a landfill licensed by the County Health Department. This section does not prohibit composting when accomplished consistent with criteria and standards from the County Health Department.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.312 Time of Collection.

Unless dictated by an emergency, the franchisee shall collect solid waste, rubbish, recyclable materials and green waste only during the hours specified in the franchise agreement.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.314 Unlawful to Dump on Public or Private Property.

It shall be unlawful for any person, firm or corporation to deposit or dump any solid waste in any location on public or private property, unless in a location specifically authorized in writing by the City Manager.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.316 Removal or Theft of Recyclable Materials.

It shall be unlawful for any person other than the franchisee to remove or take recyclable materials from containers which are left at or near the sidewalk for the franchisee’s collection and removal. Containers having the franchisee’s name or initials indicated thereon shall be presumed to be left for its collection.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.318 Collection; Nonpayment.

It shall be unlawful for any subscriber to fail, neglect or refuse to pay the franchisee the rates approved by the City Council for service. Upon an application by the franchisee to the City, the City is authorized to use its enforcement authority, including but not limited to the right to subscribe to solid waste or other service for the subject property in six-month increments up to one year and place a special assessment lien on the property pursuant to procedures specified herein.

If the franchisee terminates service to any nonpaying subscriber, such subscriber, as a condition precedent to the reestablishment of service, shall fully comply with the current billing practices and policies of the franchisee, including but not limited to requirements to pay in cash or cash equivalent, prepayment of one full billing cycle, payment of all costs of collection and payment of a reinstatement fee.

All costs of collecting delinquent payments including, but not limited to, interest charges, collection agency charges, and attorney fees and costs shall be added to and become a part of the charges owed for the services rendered to the subscriber by the franchisee and shall be governed by this chapter in the same manner as the original charges, and may be placed against the property as a special assessment lien.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.320 Emergency Situations.

When in the opinion of the City Manager or his/her designee a property has become a public health and safety risk because of an accumulation of solid waste, garbage or rubbish, the City may order the franchisee to enter the property and to remove and dispose of all such materials creating a public health and safety risk. The City may advance the franchisee’s cost for removing and disposing of such materials, but the responsibility for such cost resides in the property owner. If the property owner does not pay the invoice from either the City or the franchisee for such removal and disposal, such costs may be recovered through a special assessment lien, as provided for herein.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.322 Collection of Unpaid Subscriptions; Special Assessment Lien Procedures.

The City may collect any past due subscription payments by use of all available legal means, including those methods available for the collection of judgments, special assessment liens and all actions for the recovery of money. The City may also recover its collection costs and reasonable attorney fees and court costs.

a.    On a periodic basis as determined by the City Manager or his/her designee, a report shall be prepared and filed with the City Clerk with an assessment list which identifies all real property with delinquent subscriptions and for which the City has ordered subscription pursuant to Section 4.20.318 or emergency service pursuant to Section 4.20.320. The report and assessment shall provide a description of the real property, a description of the nature of the delinquency and the name and address of the property owner.

b.    Upon receipt of the report, the City Clerk shall post a notice of filing of the report in a conspicuous place in City Hall, with said notice specifying the filing date of the report and assessment list and the time and place when and where the report and assessment list will be submitted to the Administrative Hearing Officer as defined in Section 1.5.202(g), for hearing and confirmation. The City Clerk shall also mail by regular first class mail, postage fully prepaid, a notice to each property owner identified in the report, at the last known address of the property owner as listed in the County Tax Assessor’s or county records. If, after diligent search, the owner of the property cannot be found, the notice shall be served by posting a copy thereof in a conspicuous location upon the property for a period of ten (10) days. Said notice shall provide a description of the real property by street address and assessor’s parcel number and the amount of the delinquency, including late payment fees and costs, and shall notify the owner that said delinquency and late payment fees and costs shall be assessed against the property unless objection is made by the owner in writing and submitted to the City Clerk at least three days before the hearing. The failure of any person to receive notice shall not affect the validity of any proceedings herein.

c.    The notice shall also specify the time and place when and where the proposed assessment will be presented to the Administrative Hearing Officer for hearing and confirmation.

d.    Any owner who objects to the proposed assessment and who desires to challenge the proposed assessment at the hearing must submit any and all objections in writing to the City Clerk at least three days prior to the date of the hearing. The failure of any owner to submit written objections to the City Clerk at least three days prior to the hearing shall constitute a waiver of any such objections and the matter may be placed on the consent calendar of the agenda of the Administrative Hearing Officer.

e.    At the time and place fixed for hearing and confirming the proposed assessments, the Administrative Hearing Officer shall consider the same. If no objection has been submitted and the matter placed on the consent calendar, then the Administrative Hearing Officer may make his/her decision on the documentation presented. If a hearing is conducted, only those persons who have submitted timely written objections to the City Clerk will be heard by the Administrative Hearing Officer. At the hearing, the Administrative Hearing Officer may correct, modify or eliminate any proposed assessment that he/she may deem factually incorrect or in the interests of justice. Thereafter, the Administrative Hearing Officer shall confirm each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property. The Officer shall also direct that the assessment be recorded on the tax assessment roll and thereafter the assessment shall constitute a special assessment and lien against the property. Judicial review of the order of the Administrative Hearing Officer may be made pursuant to California Government Code Section 53069.4.

f.    The special assessment lien shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the City.

(Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)

4.20.324 Construction and Demolition Debris Recycling.

For the purpose of this chapter, "construction and demolition debris" shall be abbreviated as "C&D debris" and shall mean used or discarded materials removed from premises during construction or renovation resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building or other structure.

a.    Any construction, demolition and renovation project within the City as follows:

1)    Any residential or commercial remodeling or building project where total costs are valued at $30,000 or greater; or

2)    Any City-owned or City-sponsored project regardless of permit value; or

3)    Any residential or commercial demolition project regardless of permit value; or

4)    Any newly constructed residential building three stories or less, and nonresidential occupancies (CalGreen Sections 4.408 and 5.408); or

5)    Any residential or commercial roofing or re-roofing project regardless of permit value.

b.    Upon applying for a building permit, the applicant shall describe, on forms provided by the City, how the applicant will divert fifty percent (50%) or more of all C&D debris from the wastestream to a processing facility as defined in Section 17402 of the California Code of Regulations. Pursuant to CCR Title 14, Article 6, Section 17402(a)(20), "processing" means the controlled separation, recovery, volume reduction, conversion, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines or volume reduction equipment. Processing does not include disposal at a landfill.

c.    The applicant may, on the form provided by the City, explain why it is infeasible to divert from the wastestream the amount of C&D debris specified in subsection (b) of this section.

d.    If the Building Official determines that the applicant has not made a good faith effort to comply with this section for C&D debris which is feasible to be diverted, he/she shall notify the applicant of such determination. An administrative citation may be issued if the applicant continues to fail to comply with this section or if the applicant refuses or fails to divert C&D debris from the wastestream as indicated on the form completed by him or her.

(Sec. 1, Ordinance No. 16-11, adopted August 9, 2011; Sec. 2, Ordinance No. 15-09, adopted June 9, 2009)