Alameda Municipal Code § 21-21 Permit Requirements

The Public Works Director shall issue permits for the collection and hauling of recyclable materials, specialty recyclable materials, organic materials, and construction and demolition debris in the City as provided in this article. Each permit shall terminate without notice from the City one (1) year after issuance, unless earlier revoked pursuant to Section 21-22. No permit shall be issued unless the applicant satisfies all of the requirements of this article.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

a. Requirements. To obtain a permit, an applicant must demonstrate ability to comply with the following requirements:

1. Specialty recyclable materials, commercial recyclable materials, commercial organic materials, and construction and demolition debris collected shall be separated and taken to a materials recovery facility and processing center where the maximum feasible amount of the materials shall be recycled or otherwise diverted from the waste stream. The City Manager shall determine the amount of diversion which is reasonably feasible at the time the application is approved and shall require at least the diversion requirement. The materials shall be recycled pursuant to this section, absent unusual circumstances which warrant a conclusion that this amount of diversion is not feasible for a particular permittee. The City Manager shall maintain a list of facilities the City has determined meet this requirement. If an applicant chooses to use an unlisted facility, the applicant shall bear the burden to prove the desired facility meets the diversion requirements of this section.

2. Vehicles used for transport of the materials are licensed and of suitable size and type, and have devices or methods to prevent spillage, overflow, outfall or leakage.

3. The applicant can obtain a bond and insurance in the type and amounts established from time to time by the Risk Manager for this purpose.

4. The applicant agrees to comply with the requirements of Articles IV through VI of this chapter; with all other provisions of the Alameda Municipal Code; and with County, State and Federal laws and regulations as required by subsection 21-21.2(g).

5. The applicant has, or will obtain, a City of Alameda business license.

6. The applicant has relevant collection experience.

b. Required Application Information. The applicant shall provide the City Manager the following information:

1. Name and legal form of the applicant.

2. Statement of relevant collection experience of company and its personnel.

3. Business address and telephone number of the applicant.

4. The name and location of the material recovery facility where the applicant intends to legally process the specialty recyclable materials, organic materials, and construction and demolition debris.

5. The name and telephone number of the person responsible for responding to inquiries and complaints.

6. If a joint venture, a partnership, limited partnership, or limited liability company, the names of all members, partners and officers, and their percentages of participation and permanent addresses.

7. If a corporation, the names and permanent addresses of each shareholder with greater than a ten (10%) percent ownership in the corporation and his or her percentage of ownership, and the names of all officers.

8. A list of all vehicles to be used in collection or transportation of specialty recyclable materials, recyclable materials, organic materials, and construction and demolition debris. Such list shall identify the following for each vehicle license plate number, vehicle identification number, vehicle type, make and model, age, carrying capacity, and a description of the method(s), cover, or other features used to prevent spillage, overflow, outfall, leakage, or other escape of materials or liquids from the vehicles.

9. Copy of the vehicle registration issued by the California Department of Motor Vehicles for each vehicle.

10. Statement that the applicant owns or has access to suitable facilities to maintain the collection equipment in a clean and sanitary condition and the address of such facilities.

11. Proof of insurance in the types and amounts specified in subsection 21-21.2(e) below.

12. Bond required in subsection 21-21.2(c) below.

13. A statement that the applicant agrees to comply with requirements of Articles IV through VI including, but not limited to, the requirement to indemnify the City required by subsection 21-21.2(d) below and to comply with local, State, and Federal laws and regulations required by subsection 21-21.2(g) below.

14. The applicant's City of Alameda business license number and expiration date.

15. The signature and title of the person submitting the application.

16. Such other facts or information as the City Manager may reasonably require.

c. Bond Required. Before obtaining a permit under the provisions of this article, the applicant shall post with the City Clerk a bond in an amount reasonably established by the City Manager. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this chapter and shall be kept in full force and effect by the permittee throughout the life of the permit. The bond shall be issued by an insurer admitted to transact surety insurance in the State of California and shall be subject to the approval of the City Attorney as to its form. The bond will also stand as security for the faithful performance of waste management plans where required and may be drawn upon or forfeited to City in payment of any fees or penalties assessed pursuant to subsection 21-24.3.

d. Indemnification by Permittee. Before obtaining a permit under the provisions of this article, the applicant shall agree to indemnify and hold the City, the Alameda Reuse and Redevelopment Authority, the Alameda Housing Authority and their officers, employees and agents (hereinafter, "indemnitees") harmless of and from all claims, demands, actions or causes of actions of every kind and description resulting directly or indirectly from, arising out of, or in any way connected with, the exercise of the privileges conferred by permit, including, but not limited to, any act or omission of any officer, employee or agent of permittee, and further specifically including any and all liability of the indemnitees arising from permittee's arranging for or disposing of any waste in any disposal site, whether to the U.S. Government, State of California or any other person.

e. Insurance. Before obtaining a permit, the applicant shall procure and maintain for the term of the permit, insurance against claims for injuries to persons (including death) or damage to property which may arise from or in connection with the exercise of the privileges conferred by the permit by the applicant, its agents, representatives, employees or subcontractors as required by the Risk Manager.

f. Compliance with Motor Vehicle Code. The permittee's vehicles must comply with the California Vehicle Code, all other applicable California codes, and this chapter.

g. Compliance with Local State and Federal Laws and Regulations. Before obtaining a permit under the provisions of this article, the applicant shall agree to exercise the privileges conferred by the permit in compliance with all ordinances and regulations of the City and applicable laws and regulations and to obtain and keep in force all required permits and licenses.

h. Additional Prerequisites. The City Manager may require additional prerequisites to the issuance of a permit and such terms and conditions regulating the activities of permittees as the City Council may deem necessary or proper and the City Council may, from time to time, amend this chapter, in which case, such amendments shall be binding upon any permittee as of the effective date of such amendment. Accordingly, issuance of a permit pursuant to this chapter does not grant a vested right to maintain operations in the City free from any newly imposed requirements established by ordinance of the City Council.

i. Permit Fee. Prior to issuance or renewal of a permit, the applicant or permittee shall pay fees established by resolution of the City Council.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

Within sixty (60) calendar days of receipt of an application for a permit to collect specialty recyclable materials, recyclable materials, organic materials, and construction and demolition debris, the Public Works Director shall review the application submitted by applicant, determine if the application includes all information required by subsection 21-21.2 of this article, and approve or deny the permit.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

A permit issued under this article may not be transferred or assigned. Any such transfer or assignment shall be void and the attempted assignment shall result in the revocation of the permit. For the purposes of this section, "transfer" or "assignment" shall include, but not be limited to:

a. A sale, exchange or other transfer of substantially all of permittee's assets dedicated to service under this chapter;

b. A sale, exchange or other transfer to a person that is not an equity holder of twenty (20%) percent or more of the outstanding equity or ownership interests of permittee;

c. Any reorganization, consolidation, merger, recapitalization, stock issuance or reissuance, voting trust, pooling agreement, escrow arrangement liquidation or other transaction to which permittee or any of its equity holders is a party which results in a change of ownership or control of twenty (20%) percent or more of the value or voting rights in the equity or ownership interests of permittee; and

d. Any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

Any permit issued pursuant to this article must be renewed annually within the sixty (60) days prior to the anniversary of the permit. The permittee shall submit to the City Manager its most recent annual report as required by subsection 21-23.9(c), with its request for permit renewal. Renewal shall depend on demonstration of the permittees continued ability to adhere to the requirements of this section.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

Permittee shall not collect solid waste, residential recyclable materials, or residential organic materials. Permittee shall only collect specialty recyclable materials, commercial recyclable materials and commercial organic materials, from customers with whom permittee has an agreement pursuant to which customer either receives consideration from the permittee or from which the City Manager reasonably determines are meaningfully distinct from the mixed recyclable materials collected from premises in the City. Permittee shall only collect construction and demolition debris from commercial customers with whom it has such an agreement and only with respect to projects that the City Manager reasonably determines to have a construction cost of one hundred thousand ($100,000.00) dollars or more. Each such customer shall separate construction and demolition debris, specialty recyclable materials, other recyclable materials and organic materials from solid waste.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

An applicant may appeal a decision of the Public Works Director to deny, approve, conditionally approve or renew a permit by filing a notice of appeal with the City Clerk not later than the sixth (6th) calendar day following issuance of written notice of the Public Works Director decision. The notice of appeal shall be in a form prescribed by the Public Works Director, shall state why the applicant believes the Public Works Director's decision to deny, approve, or conditionally approve the permit does not comply with this article, and the relief requested. The appeal shall be heard and finally decided by the City Manager within thirty (30) calendar days unless continued by the City Manager for good cause. The City Manager shall notify the applicant of their decision in writing within five (5) business days of the decision.

(Ord. No. 3310 N.S., § 2, 11-16-2021)