Alameda Municipal Code § 21-23 Franchisee's and Permittees' Obligations

Franchisee and each permittee shall maintain all of their respective properties, facilities and equipment used in providing service in accordance with this chapter in a safe, neat, clean and operable condition at all times. Nothing in this Section 21-23 shall be interpreted to interfere with the exclusive rights of the franchisee as set forth in this chapter or in a franchise agreement.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

a. Franchisee and each permittee shall ensure that their respective employees close all gates opened in making collections, unless otherwise directed by the owner or occupant, and shall not cross landscaped areas or climb or jump over hedges and fences in the provision of any collection service. The City shall refer complaints about damage to private property to franchisee or permittee. Franchisee or permittee, as appropriate, shall repair all damage to private property caused by its employees.

b. Franchisee and each permittee shall use due care when handling solid waste, recyclable materials, organic materials, specialty recyclable materials, and construction and demolition debris containers. Containers shall not be thrown from trucks, roughly handled, damaged or broken. Franchisee and permittees shall return containers to the collection point upright, with lids properly secured.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

a. Residential Premises. Collection from residential premises and from non-residential premises within two hundred (200′) feet of residential premises may occur only between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. In the event of an unforeseen circumstance, the franchisee may collect from such premises between the hours of 6:00 a.m. and 10:00 p.m., Monday through Friday upon approval of the Public Works Director.

b. Commercial Premises. Collection from commercial premises more than two hundred (200′) feet from residential premises may occur between the hours of 5:30 a.m. and 10:00 p.m.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

All vehicles used for collection within the City shall comply with the following:

a. They shall be completely enclosed with a rigid, nonabsorbent cover while transporting solid waste, recyclable materials, organic materials, specialty recyclable materials, or construction and demolition debris in or through the City unless the City Manager reasonably determines that a tarp or other non-rigid cover will accomplish the purposes of this provision in light of the nature of the materials to be hauled. Solid waste, recyclable materials, organic materials, specialty recyclable materials, or construction and demolition debris shall not be visible from the street nor shall any substances be permitted to leak, spill or become deposited along the public streets.

b. They shall be identified by permittee's or franchisee's name and local telephone number prominently displayed in figures no less than two and one-half (2½") inches high.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

The franchisee and each permittee shall operate privately-owned solid waste, recyclable materials, organic materials, specialty recyclable materials, or construction and demolition debris vehicles in accordance with all Federal, State and local laws, permits and regulations and shall also abide by the following:

a. No person shall park trucks loaded with solid waste, recyclable materials, organic materials, specialty recyclable materials, or construction and demolition debris on City streets for more than four (4) hours.

b. Franchisee and each permittee shall ensure that each vehicle carries, in a readily accessible location, the vehicle registration, certificate of insurance card and an identification card with the name of a person to contact in case of an accident. Each vehicle shall also be equipped with a five (5) pound fire extinguisher certified by the California State Fire Marshal.

c. Franchisee and each permittee shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles that are not operating properly shall not be used to provide service until repaired.

d. Franchisee and each permittee shall perform all scheduled maintenance for vehicles and other equipment in accordance with the manufacturer's specifications and schedule.

e. Franchisee and each permittee shall keep accurate records of all vehicle inspections and maintenance, recorded according to date and mileage, and shall make such records available to the Public Works Director upon request.

f. Franchisee and each permittee shall furnish the City Manager a written inventory of all vehicles, including collection vehicles, used in providing service and shall update the inventory annually. For each vehicle, the inventory shall list the vehicle manufacturer, vehicle identification number, date of acquisition, type, capacity and Decibel rating.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

The franchisee and each permittee shall deposit the contents of all solid waste, recyclable materials, organic materials containers, specialty recyclable materials, and construction and demolition debris directly into the vehicle provided therefor and shall process or dispose of the contents of such vehicle on the day of collection.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

Franchisee and each permittee shall be responsible for repair and maintenance of all its containers provided to customers. Franchisee and each permittee shall be responsible for periodically cleaning its containers, except its carts, so that such containers are sanitary and have a clean and neat appearance. Customers using carts shall be responsible for cleaning carts so that they are sanitary and have a clean and neat appearance.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

a. General. Franchisee and each permittee shall employ only competent, qualified, sober and drug-free persons who serve the public in a courteous, helpful and impartial manner.

b. Non-Discrimination. Franchisee shall hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other non-merit factor.

c. Licenses. Any employee driving the franchisee's or permittees' vehicles shall have in his or her possession at all times a valid and appropriate vehicle operator's license issued by the State of California.

D. Training. Franchisee and each permittee shall provide suitable operational and safety training for all employees who operate vehicles or equipment. Franchisee and each permittee shall train employees involved in solid waste, recyclable materials, organic materials, specialty recyclable materials, or construction and demolition debris collection to identify, and not to collect, excluded materials.

e. Supervision. Franchisee and each permittee shall designate one (1) qualified employee as supervisor of field operations within the City. Unless otherwise approved by the City Manager upon a showing of impracticality or hardship, the field supervisor will devote their time in the field checking on collection operations, and responding to complaints.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

Franchisee and each permittee shall provide full, complete and accurate reports and records as permitted by the franchise agreement that shall be subject to review and reproduction by the City Manager. Other records shall be maintained pursuant to this section as may be necessary to assist the City in meeting its obligations under the California Integrated Waste Management Act of 1989.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

Franchisee and permittees shall keep and preserve all records required under this article, or any other similar records or reports that the City Manager deems, in their sole discretion, necessary to evaluate franchisee's and permittees' performance under this chapter for ten (10) years after termination or expiration of the franchise or permit.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

The City Manager shall have the right to inspect, review, and reproduce the documents and records required pursuant to this article. The records shall be made available for unannounced, onsite inspection during regular business hours.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

Franchisee and each permittee shall cooperate with the City Manager in performance of City-initiated studies of solid waste, recyclable materials, organic materials, specialty recyclable materials, or construction and demolition debris such as, but not limited to, waste characterization and composition studies.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

a. Franchisee and each permittee shall remit to the City all fees established by the City on or before the twentieth day of each month. If such remittance is not paid to the City on or before the twentieth day of any month, franchisee and permittee shall pay in addition to the amount owed to the City a penalty of two (2%) percent of the amount owing for that month. Franchisee and each permittee shall pay as a further penalty an additional two (2%) percent owing on any unpaid balance for each following thirty (30) calendar day period the fee remains unpaid.

b. Each monthly remittance submitted shall be accompanied by a statement itemizing each fee paid, detailing calculation of all fees.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

a. Franchisee and/or each permittee providing organic waste collection service to generators within Alameda County shall meet the following requirements and standards in connection with collection of organic waste:

1. Through written notice to the City Manager annually on or before March 31, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated organic materials.

2. Transport source separated recyclable materials to a facility that recycles those materials and transport source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

3. Obtain approval from the City Manager to haul organic waste, unless it is transporting source separated organic materials to a community composting site or lawfully Transporting C&D Debris in a manner that complies with 14 CCR Section 18989.1, and any WMA and City rules.

b. Within the boundaries of the City in which it has customers, a franchisee and/or each permittee collecting organic waste shall:

1. Up to four (4) times per year, provide reports to the WMA and the City on commercial business account information and service levels in a form to be specified by the WMA.

2. Assist in the dissemination of SB 1383 educational materials to residential and commercial business accounts.

3. At least annually and during new staff on-boarding, train franchisee's and/or each permittee's customer service representatives and account managers/recycling coordinators serving organic waste generators in Alameda County on the generator requirements set forth in sections 21-2.8 and 21-2.9 of this chapter, SB 1383 Regulations as they may be revised from time to time and on resources available to assist in compliance. Trainings may be in a virtual or in-person format.

4. Where a franchisee and/or each permittee provides solid waste collection service, notify residential and commercial business accounts that: (i) they must also be subscribed to recyclable materials collection service and organic materials collection service to comply with this chapter, except if an applicable waiver has been granted for the account, if an applicable waiver application has been submitted and is under review for the account, or if the account has an approved Certification of Recycling Service Form; and (ii) that the franchisee and/or each permittee will inform the City if the account fails to subscribe to a required collection service offered by the franchisee.

5. Provide quarterly reports to the WMA identifying residential and commercial accounts that are subscribed solid waste collection service but that are not subscribed to recyclable materials and/or organic materials collection service. WMA shall provide this information to the City. If a franchisee and/or each permittee providing solid waste collection service does not offer recyclable materials and/or organic materials collection service to its solid waste collection service customers, the requirements of subsections 21-23.14(b)(4) and 21-23.14(b)(5) shall not apply with respect to those customers and the type(s) of service that is not offered.

6. Conduct or comply with container contamination minimization efforts such as route reviews or waste evaluations. Inform generators when container contamination is observed by the franchisee.

7. If requested by the enforcement agency, assist generators with verification of physical space constraints when generator submits an application for a physical space waiver.

8. Provide commercial business accounts with interactive assistance such as employee trainings, in a virtual or in-person format, when recyclable materials collection service or organic materials collection service is added, or upon request.

c. The enforcement agency for the provisions of this Section 21-23.14 is the City and, where authorized by the City, the WMA, and any other designee of the City.

(Ord. No. 3310 N.S., § 2, 11-16-2021)