Division III SOLID WASTE HANDLING AND RECYCLING SERVICES

Chapter 13.100
SOLID WASTE HANDLING AND RECYCLING SERVICES

Sections:

13.100.010    Title.

13.100.020    Findings and intent.

Part 1. Definitions

13.100.030    Definitions.

Part 2. Franchises, Fees and Rates

13.100.040    Franchise requirement.

13.100.050    Collector franchise fee.

13.100.060    Transfer of franchise.

13.100.070    Revocation of franchise.

13.100.080    Interim suspension.

13.100.090    Notice of hearing; revocation.

13.100.100    Appeals.

13.100.110    Council action.

13.100.120    Rates.

13.100.130    Collection of rates, fees and charges.

13.100.140    Claims for refunds.

13.100.150    Permits and licenses.

Part 3. Contents of Franchise Agreements

13.100.160    Authorization by city council and resolution of conflicts.

Part 4 Exclusions

13.100.170    Residential householder exclusion.

13.100.180    Gardener’s exclusion.

13.100.190    Commercial/industrial exclusions.

13.100.200    Contractors’ exclusions.

13.100.210    Document destruction service.

Part 5. General Requirements

13.100.220    Litter.

13.100.230    Transfer of loads on public streets.

13.100.240    Unauthorized removal from containers.

Part 6. Residential Collection and Recycling

13.100.250    Residential collection—Mandatory service.

13.100.260    Residential collection—Disposal and status of solid waste or recyclable materials.

13.100.270    Residential collection—Frequency.

13.100.280    Residential collection—Solid waste containers.

13.100.290    Residential collection—Recycling containers.

13.100.300    Residential collection—Placement and removal of containers.

13.100.310    Residential collection—Care of containers.

13.100.320    Residential collection—Special collection services.

Part 7. Commercial/Industrial Collection

13.100.330    Commercial/Industrial exclusive franchise.

13.100.340    Commercial/Industrial—Disposal and status of solid waste.

13.100.350    Commercial/Industrial—Frequency and hours of collection.

13.100.360    Commercial/Industrial—Containers.

13.100.370    Commercial/Industrial—Maintenance and placement of containers.

13.100.380    Commercial/Industrial—Care of containers.

13.100.390    Commercial/Industrial—Special circumstances.

13.100.400    Penalties.

13.100.420    Requirements for commercial/industrial self-haulers.

13.100.010 Title.

This chapter shall be known and may be cited as the "solid waste handling and recycling services ordinance" of the city of South Gate.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.020 Findings and intent.

A.    The city council finds and determines as follows:

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

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

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

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

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

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

7.    The public health, safety and welfare will best be served by providing for an exclusive franchise for residential refuse collection services, and for commercial and industrial refuse collection services, subject to the terminable and revocable rights of certain existing commercial/industrial collectors which are providing solid waste handling services pursuant to nonexclusive franchise agreements, and which collectors received notice pursuant to Public Resources Code Section 49520 on or about July 1, 1985.

8.    Each of the existing commercial/industrial collectors referenced in subdivision 7 of this subsection entered into a nonexclusive franchise agreement with the city on or about May 1, 1990. Each nonexclusive franchise agreement incorporates by reference the terms and provisions of Ordinance No. 1700, as amended by Ordinance No. 1830, which ordinances were previously codified in Division III of Title 13 of this code. Notwithstanding the repeal of said Division III of Title 13 of this code on or about January 27, 1992, the terms and provisions thereof shall be deemed to have continuing applicability in determining, interpreting and construing the respective contractual rights, remedies and obligations of said commercial/industrial collectors and the city until the termination, revocation or expiration of such nonexclusive franchise agreements.

B.    This chapter is enacted by the city council pursuant to the following statutory authorization and in order to accomplish the objectives set forth in this section:

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

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

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

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

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

(Ord. 1905 § 1 (part), 8-11-92)

Part 1. Definitions

13.100.030 Definitions.

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

1.    city Manager. "city manager" means the city manager of the city of South Gate ("city") or the city manager’s designee.

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

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

4.    Commercial/Industrial Business Owner. "Commercial/industrial business owner" means any person, firm, corporation or other enterprise or organization holding or occupying, singly or with others, commercial/industrial premises, whether or not the holder of the title or the owner of record of the commercial/industrial premises.

5.    Commercial/Industrial Collector. "Commercial/industrial collector" means a collector providing solid waste collection services to commercial/industrial premises, including construction or demolition sites.

6.    Commercial/Industrial Premises. "Commercial/industrial premises" means all occupied real property in the city, except property occupied by federal, state or local governmental agencies which do not consent to their inclusion, and except residential premises as defined in subsection 24 of this section, and shall include, without limitation, multiple unit residential complexes containing or consisting of five or more dwelling units (including, but not limited to housing projects, apartment houses, condominiums, mixed condominiums and rental housing, or mobile home parks), wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional, services, sports or recreational facilities, construction and demolition sites, and any other commercial or industrial business facilities, structures, sites or establishments in the city.

7.    Construction Site or Demolition Site. "Construction site" or "demolition site" means any real property in the city in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be removed from the property, and requires the use of commercial refuse containers (two, three, four, six or eight yard containers) or fifteen, twenty-five or forty yard roll-off boxes.

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

9.    Exclusive Solid Waste Handling Services. "Exclusive solid waste handling services" means any action by the city council, whether by franchise, contract, license, permit, or otherwise, whereby the city itself, or one or more other local agencies or solid waste enterprises has the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the city.

10.    Disposal. "Disposal" means the complete operation of treating and disposing of solid waste after the collection thereof.

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

12.    Holiday. "Holiday" means:

New Year’s Day;

Memorial Day;

Independence Day;

Thanksgiving Day;

Christmas Day.

"Holiday" also means any other day designated as such in a contract between a collector and the labor union serving as the exclusive representative of said collector’s employees, provided such holiday is established or recognized by resolution of the city council.

13.    In the city or Within the city. "In the city" or "Within the city" means within the limits of the city as such limits exist on the effective date of this chapter or may thereafter exist by virtue of the annexation of territory to or detachment of territory from the limits of the city as they exist on the effective date of this chapter.

14.    Manure. "Manure" means the waste droppings from any animal not disposed of through sewers.

15.    Person. "Person" shall mean any individual, association, firm, partnership, corporation, or any other group or combination thereof acting as a unit.

16.    Processing. "Processing" means the reduction, separation, recovery and conversion of solid waste.

17.    Public Agency. "Public agency" means any governmental agency or department thereof, whether federal, state, or local.

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

19.    Recycling. "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

20.    Recycling Container. "Recycling container" shall mean a container, having a capacity of approximately eighteen gallons, which is provided to residential premises for use in collecting and moving recyclable materials to curbside for collection by the collector.

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

22.    Residential Householder. "Residential householder" shall mean any person holding or occupying residential premises, whether or not the owner, singly or with his or her family, in the city.

23.    Residential Owner. "Residential owner" means the owner of any residential premises within the city.

24.    Residential Premises. "Residential premises" means any residential dwelling unit within the city, except units within multiple unit residential complexes that contain five or more dwelling units, such as rental housing projects, condominiums, and apartment houses. Such multiple unit residential complexes shall be included in the definition of "commercial/industrial premises" as set forth in subsection 6 of this section.

25.    Resource Recovery. "Resource recovery" means any use of refuse or solid waste collected pursuant to this chapter, except for land disposal or transfer for land disposal. Resource recovery includes, but is not limited to, transformation, composting and multimaterial recycling.

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

27.    Solid Waste Container. "Solid waste container" means any vessel, tank, receptacle, box, bin, barrel or wheeled cart used or intended to be used for the purpose of holding solid waste for collection.

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

29.    Solid Waste Handling Services. "Solid waste handling services" means the collection, transportation, storage, transfer, or processing of solid wastes for residential, commercial, institutional, or industrial users or customers.

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

31.    Standard Commercial/Industrial Solid Waste Container. "Standard commercial/industrial solid waste container" means a state-of-the-art bin or refuse container used in connection with commercial/industrial premises with a two, three, four, six or eight cubic yard capacity, designed for mechanical pick-up by collection vehicles and equipped with a lid, or where appropriate for the commercial/industrial premises being served, a fifteen, twenty-five or forty cubic yard roll-off box or compactor, and shall include other types of containers suitable for the storage and collection of commercial/industrial refuse if approved in writing by the city manager.

32.    Standard Residential Solid Waste Container. "Standard residential solid waste container" means a standardized container made of metal, hard rubber or plastic with an approximate capacity of either ninety gallons or sixty gallons, and of a design, color and durability as approved by the city manager.

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

(Ord. 1905 § 1 (part), 8-11-92)

Part 2. Franchises, Fees and Rates

13.100.040 Franchise requirement.

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

(Ord. 1905 § 1 (part), 8-11-92)

13.100.050 Collector franchise fee.

Each collector shall pay a franchise fee in an amount determined by resolution of the city council or established in the franchise agreement authorizing the collection of solid waste or recyclable materials.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.060 Transfer of franchise.

No solid waste collector franchise which is authorized by, subject to, or issued under the provisions of this chapter shall be transferred, delegated, sublet, subcontracted to or assigned to another person without the prior approval of the city council. This restriction includes the transfer of ownership or the majority of the ownership or control of the franchisee, or the transfer of a majority of the franchisers stock to another person.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.070 Revocation of franchise.

After a hearing as provided in this chapter, the city manager may revoke or suspend any solid waste collector franchise for violation of a provision of this chapter or any other applicable law, ordinance, or regulation of any public agency.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.080 Interim suspension.

The city manager, without a hearing, may suspend a franchise for not more than sixty days, if the city manager finds that continued operation by the franchisee will constitute a threat to the public health, safety or general welfare.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.090 Notice of hearing; revocation.

The city manager shall mail notice of a hearing to revoke a solid waste franchise to the collector not less than fifteen days prior to such hearing. In the event of the revocation of a franchise, the city manager shall notify the collector in writing of the reasons therefor. Such notification may be made in person or by mail.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.100 Appeals.

Within fifteen calendar days after notice by the city manager of revocation of a solid waste franchise has been sent to the collector, the collector may file with the city clerk an appeal of such decision to the city council.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.110 Council action.

The city council may either affirm the action of the city manager, send the matter back to the city manager for further consideration, or set the matter for hearing by the city council. If the city council sets the matter for hearing, it shall base its action upon the standards delineated in Section 13.100.070. Notice of such hearing shall be sent to the collector not less than fifteen days prior to the hearing.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.120 Rates.

The city council may, by resolution, establish rates to be charged to residential owners and to commercial/industrial business owners for the collection of solid waste and recyclable materials. The city council may, by resolution, establish or adjust the rates charged by those commercial/industrial collectors which, upon the effective date of this chapter, are operating in the city pursuant to nonexclusive franchise agreements. No collector shall charge any rate or fee which is greater than the rate established by the city council, unless otherwise authorized in this chapter. Every commercial/industrial business owner and residential householder or owner shall pay the rates established from time to time by the city council for collection services rendered pursuant to this chapter in the manner set forth in Section 13.100.130. The city council shall establish such rate categories as may be appropriate for collection services provided by any commercial/industrial collector.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.130 Collection of rates, fees and charges.

A.    The city shall collect rates, fees and charges for residential solid waste collection services by including the amounts therefor in the statements rendered for water service provided by the South Gate municipal water system, where such service exists, or by direct periodic billings in all other instances. All rates, fees and charges so imposed shall be payable in advance.

B.    No charge shall be made directly to a residential householder by the franchised residential collector, except as otherwise specifically authorized by the city council.

C.    Every commercial/industrial collector shall be solely responsible for collecting the charges for such collector’s services for providing commercial/ industrial collections pursuant to this chapter, and the city shall have no liability or responsibility therefor.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.140 Claims for refunds.

All claims for refunds for rates, fees or charges paid to the city pursuant to the provisions of this chapter shall be submitted to the city’s director of finance not later than six months after payment of any disputed amount referenced in the claim for refund. Any such claim for refund shall be received and processed in accordance with the city’s established policies and procedures.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.150 Permits and licenses.

Every collector shall obtain and maintain at all times during the collector’s operations a business license issued by the city, and all applicable permits and licenses required by any public agency having jurisdiction.

(Ord. 1905 § 1 (part), 8-11-92)

Part 3. Contents of Franchise Agreements

13.100.160 Authorization by city council and resolution of conflicts.

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

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

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

1.    The nature, scope and duration of the franchise;

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

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

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

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

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

7.    The collection of solid waste from publicly-owned property and facilities;

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

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

10.    Standards and procedures for periodic performance reviews by the city;

11.    Noise attenuation policies and procedures;

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

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

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

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

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

17.    Requirements relating to performance bonds and to indemnification;

18.    Requirements relating to affirmative action programs;

19.    Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records;

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

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

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

D.    In the event of any conflict between the provisions of a franchise agreement authorized hereunder by the city council and the provisions of this chapter, the provisions of the franchise agreement shall control.

(Ord. 1905 § 1 (part), 8-11-92)

Part 4. Exclusions

13.100.170 Residential householder exclusion.

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

(Ord. 1905 § 1 (part), 8-11-92)

13.100.180 Gardener’s exclusion.

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

(Ord. 1905 § 1 (part), 8-11-92)

13.100.190 Commercial/Industrial exclusions.

A.    Source Separated Recyclables.

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

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

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

(Ord. 1905 § 1 (part), 8-11-92)

13.100.200 Contractors’ exclusions.

No provision of this chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from removing and transporting such salvageable items or demolition waste from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract; provided, however, that such demolition waste is not transported to a transfer station or landfill; and provided further, that if such removal and transport is to be performed by a subcontractor, the commercial/industrial collector having an exclusive franchise shall have the right of first refusal relating thereto.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.210 Document destruction service.

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

(Ord. 1905 § 1 (part), 8-11-92)

Part 5. General Requirements

13.100.220 Litter.

A.    Any person who deposits or causes to be deposited any solid waste or recyclable materials on the public right-of-way or on private property within public view, except in a container provided therefor as herein specified, shall immediately sweep up and remove the same.

B.    Any person violating any provision of this section shall be guilty of an infraction and shall be punishable as provided in Chapter 1.56 of Title 1 of this code.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.230 Transfer of loads on public streets.

No person shall transfer solid waste or recyclable materials from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the city manager, or is necessary owing to mechanical failure or accidental damage to a vehicle.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.240 Unauthorized removal from containers.

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

B.    Any person violating any provision of this section shall be guilty of either a misdemeanor or an infraction as determined by law enforcement officers, and shall be punishable as provided in Chapter 1.56 of this code.

(Ord. 2161 § 1, 4-27-04; Ord. 1905 § 1 (part), 8-11-92)

Part 6. Residential Collection and Recycling

13.100.250 Residential collection—Mandatory service.

Every residential householder shall utilize the services of the collector having the exclusive franchise therefor. No residential householder shall enter into a agreement for residential refuse or recyclable materials collection services with a vendor other than the exclusive franchisee.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.260 Residential collection—Disposal and status of solid waste or recyclable materials.

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

B.    Recyclable Materials. Upon placement at the residential curbside for collection, all recyclable materials shall become the property of the collector holding the exclusive franchise for residential collection services.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.270 Residential collection—Frequency.

The residential collector shall collect all solid waste and recyclable materials placed for collection in compliance with this chapter from each occupied residential premises in accordance with a schedule which has been approved by the city manager. Said schedule shall identify the routes and days of pickup for each collection district established within the city. Unless otherwise approved by the city council, collection of solid waste shall take place no less than once each calendar week. Collection of recyclable materials shall take place no less than once each calendar week. Not more than seven days shall elapse between collections of solid waste collections, nor between collections of recyclable materials.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.280 Residential collection—Solid waste containers.

Every residential householder shall provide solid waste containers sufficient to accommodate the amount of solid waste generated by the residential premises. Such container shall be the property of the residential householder. Notwithstanding the foregoing, and subject to the prior authorization of the city manager, the collector may provide standard residential solid waste containers to the residential householder and may include the costs thereof in the monthly collection rate. No cardboard box or paper bag may be used as a container for solid waste.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.290 Residential collection—Recycling containers.

The collector shall provide each residential premises with at least one recycling container. If one recycling container is inadequate, the collector shall provide one or more additional recycling containers upon request, and any additional charges to the residential householder therefor shall be subject to the prior approval of the city.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.300 Residential collection—Placement and removal of containers.

Every residential householder shall place each solid waste container and recycling container for collection at the curb in front of the premises, or at the curb at the side of the premises where the premises are adjacent to more than one street. When the premises are adjacent to a paved alley with a minimum width of fifteen feet, the residential householder shall place the container within two feet of the rear property line for collection. No person shall place any such container for collection more than twenty-four hours before collection is scheduled to commence in the district, or leave any such container at the place of collection after eight p.m. on the day of collection, or more than two hours after actual collection, whichever is later.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.310 Residential collection—Care of containers.

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

(Ord. 1905 § 1 (part), 8-11-92)

13.100.320 Residential collection—Special collection services.

The exclusive residential collector shall provide, upon request from a residential householder, special collection of solid waste, at such rates as may be approved by the city and at such times as may be agreed upon by the collector and the person requesting the service. If no agreement is reached, such special collections shall be provided as determined by the city manager.

(Ord. 1905 § 1 (part), 8-11-92)

Part 7. Commercial/Industrial Collection

13.100.330 Commercial/Industrial exclusive franchise.

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

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

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

D.    Nothing in this chapter shall prevent a commercial/industrial business which, as of the effective date of this chapter, has its own program for recycling materials generated by such business, and not utilizing a commercial or industrial solid waste enterprise (as defined in Public Resources Code Section 40193) which provides collection services for a fee, service charge, or other consideration, from continuing such recycling program; provided, however, that the recyclable materials included in such program are excepted from the exclusive franchise between the city and the franchised collector, and provided further, that such recycling program is in accordance with the provisions of Section 13.100.190 hereof.

E.    Notwithstanding the provisions of subsection B of this section, certain solid waste enterprises that have been authorized by a nonexclusive franchise agreement to provide solid waste handling services for commercial/industrial premises in the city may continue to provide these services until the rights thereunder are terminated or revoked, or until such rights expire by virtue of the provisions of Section 49520 of the Public Resources Code. Such solid waste enterprises are hereinafter referred to as "excepted collectors."

F.    The exclusive franchise of the franchised collector shall not preclude a commercial/industrial business served by such an excepted collector from continuing to use the solid waste handling services of such excepted collector until the rights of such excepted collector to operate in the city are terminated or revoked or have expired; provided, however, if the rights of an excepted collector to provide such services to a commercial/industrial business owner are terminated or revoked for any reason, or if they expire by virtue of Section 49520 of the Public Resources Code, said business owner shall not use the services of any collector other than the franchised collector.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.340 Commercial/Industrial—Disposal and status of solid waste.

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

(Ord. 1905 § 1 (part), 8-11-92)

13.100.350 Commercial/Industrial—Frequency and hours of collection.

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

B.    Hours. No collection of solid waste from commercial/industrial premises within five hundred feet of occupied residential premises shall be made between the hours of six p.m. and seven a.m. on the next day. No collection shall be made on Sunday unless specifically authorized in writing by the city manager. Hours and days of collection shall be subject to the prior approval of the city manager.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.360 Commercial/Industrial—Containers.

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

1.    Provide the necessary container or containers to accommodate solid waste generated from said commercial/industrial business, which containers shall be compatible with the franchised collector’s collection equipment.

2.    Use the standard commercial/industrial solid waste container or containers provided by the franchised collector, which containers are compatible with the franchised collector’s collection equipment. Where a commercial/industrial business owner is served by an excepted collector, such excepted collector and business owner shall determine by private agreement who is to provide the container. (Ord. 1905 § 1 (part), 8-11-92)

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

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

2.    Provide containers on casters or hasps or locks upon request by the commercial/industrial business owner.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.370 Commercial/Industrial—Maintenance and placement of containers.

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

(Ord. 1905 § 1 (part), 8-11-92)

13.100.380 Commercial/Industrial—Care of containers.

Upon collection of solid waste by the collector, all containers shall be replaced, upright, where found, with the lids closed. No person other than the owner thereof shall in any way, break, damage, roughly handle or destroy containers owned by said commercial/industrial business owner.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.390 Commercial/Industrial—Special circumstances.

If particular commercial/industrial business premises require collections at times, frequencies or in a manner such that the franchised collector is unable to perform said collection in the normal course of business, or where unusual quantities of solid waste or special types of material are to be collected and disposed of, or where special methods of handling are required, the collector and the commercial/industrial business owner may make arrangements for such collection on mutually agreeable terms. If the business owner and the franchised collector do not agree as to the methods for the service provided for in this section, the city manager shall determine the method of service. If the franchised collector is unable or unwilling to provide such service, the city manager may authorize the business owner to use another contractor for such special service until the franchised collector can provide such service in its normal course of business.

(Ord. 1905 § 1 (part), 8-11-92)

13.100.400 Penalties.

A.    Any person or entity reported to be in violation of an exclusive franchise agreement will be advised in writing by the city to cease such activities immediately but no later than five business days from which the city’s notice is dated. If such person or entity continues to violate any part of this provision after notification by the city, such person or entity will be fined up to one thousand dollars for each violation. Each separate day, or any portion thereof, during which any violation of this chapter occurs or continues shall constitute a separate offense.

B.    The city reserves the right to impound any vehicle, solid waste or recycling bin or container that is found to be in violation of this code or any other applicable legislative requirements of the code. In addition, the franchised collector is authorized to impound recycling bins or containers found to be in violation of this code, or any other applicable legislative requirements of the code. Every vehicle, container or bin within the city is subject to impound in accordance with the provisions in this code. Vehicles, bins or containers, located within the city limits shall be required to display a city-issued decal for proper identification and recognition of permitted solid waste entities authorized to operate in the city. The following terms and conditions shall apply when a vehicle, bin or container is to be impounded in the city.

1.    Once the city receives a report of an unauthorized vehicle, bin or container, the city or the franchised collector will send out a notice, as described in subsection A of this section, and will initiate hauling orders on the third business day after the date of such notice. This notice requirement is not applicable where the registered owner of the vehicle, bin or container cannot be identified.

2.    If a vehicle, bin or container is seized from a solid waste enterprise, person or business, the city or franchised collector shall give notice to the registered owner, if identified, within three business days, by first-class mail. The registered owner will be given three business days to remove its vehicle, bin or container before any fines are imposed. Failure to notify the legal owner within three working days shall prohibit the city from charging more than fifteen calendar days’ impoundment fine when a registered owner redeems the impounded vehicle, bin or container. This notice requirement is not applicable where the registered owner of the vehicle, bin or container cannot be identified. All vehicles, bins or containers will be towed or transported to a location determined by the city for storage.

3.    No vehicle, bin or container shall be released pursuant to this section except upon presentation of written authorization of the city. Written authorization from the city shall be provided once the fines and costs have been paid. The amount of fines and will be determined by resolution of the city council. Prior to releasing the vehicle, bin or container, the registered owner must pay all costs related to impounding, towing, transporting or storing the vehicle, bin or container. The registered owner or his or her agent is responsible for all towing, transportation and storage charges related to the impoundment and any administrative charges authorized under this code. Once all fines and costs have been paid, the vehicle, bin or container shall immediately be returned to the registered owner.

4.    The city shall release a vehicle, bin or container to the registered owner or his or her agent, without payment of any fines under any of the following circumstances:

a.    When the vehicle, bin or container is stolen;

b.    When the vehicle, bin or container is subject to bailment and is driven and or placed at a location by an unlicensed employee of the business establishment, including a parking service or repair garage.

5.    After the expiration of six weeks from the date of the initial impound, the city may treat the vehicle, bin or container as lost or abandoned property.

6.    For purposes of this chapter, costs shall include, but not be limited to, towing transportation costs, disposal of contents, storage, and administrative and ancillary costs. (Ord. 2194 § 1, 5-24-05)

(Ord. 2194 § 1, 5-24-05; Ord. 2096 § 1, 2-25-02)

13.100.420 Requirements for commercial/industrial self-haulers.

A.    Every occupant of a commercial or industrial property desiring to provide removal of solid waste or recycling materials created by their own activity shall first obtain and maintain in full force and effect a self-hauler permit and shall provide solid waste and recycling material removal service in accordance with said self-hauler permit and this code.

B.    Application for self-hauler permits shall be made to the business license division and shall be accompanied by a nonrefundable fee of five hundred dollars a copy of an insurance certificate for the vehicle transporting such solid waste or recycling materials and a copy of the applicant’s business license.

C.    The business license division shall issue the permit upon determining that the applicant is able to transport all solid waste and recycling materials in a safe and sanitary manner and in accordance with all the provisions of this chapter.

D.    Such permit shall be effective for one year from the date of its issue.

E.    If the applicant is denied by the business license division, the applicant shall be provided with a full statement of reasons for the denial.

F.    A permit may be revoked by the business license division for any violation of the code or the law.

G.    A denial or revocation may be appealed to the department of public works whose decision shall be final. Such appeal shall be filed with the city clerk within ten days after the receipt of the business license division’s written notice of denial or revocation.

H.    All solid waste and recycling material removal pursuant to a valid self-hauler’s permit shall be accomplished by the permit holder or the holder’s own employees using the permittee’s own equipment.

I.    All solid waste and recycling materials removed pursuant to a self-hauler’s permit shall be deposited only at authorized and licensed solid waste disposal sites.

J.    Every holder of a self-hauler permit shall submit legible copies of landfill receipts to the business license division on or before the tenth day of every third month, commencing the third full month after a self-hauler permit has been issued.

(Ord. 2097 § 1, 5-13-02)