Avenal Municipal Code Ch. 2 Solid Waste Management

Sections: 6-2.01 Liberal construction. 6-2.02 Applicability. 6-2.03 Responsibility to manage solid waste. 6-2.04 Rules and regulations. 6-2.05 Administration of chapter. 6-2.06 Definitions. 6-2.07 Solid waste management standards. 6-2.08 Solid waste separation requirements. 6-2.09 Health and safety issues. 6-2.10 Charges for collections. 6-2.11 Mandatory solid waste collection. 6-2.11.5 Mandatory recycling. 6-2.12 Establishment and re-establishment of credit. 6-2.13 Place of pickup. 6-2.14 Discontinuance and restoration of service. 6-2.15 Charges on premises where no water service charges are being made. 6-2.16 Solid waste collection. 6-2.17 Registration of solid waste collection and processing. 6-2.18 Designation of City service area(s). 6-2.19 Solid waste collection contract. 6-2.20 Registration required. 6-2.21 Reporting requirements. 6-2.22 Enforcement. 6-2.23 Written notices—Manner of giving. 6-2.24 City Council decision final. 6-2.25 Penalties.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 9 6-2.26 Validity of chapter. 6-2.01 Liberal construction. In order to protect the health, safety and welfare of the residents of the City of Avenal and to promote an improvement in visual and physical quality of the environment, the City Council has determined that it is necessary to adopt a coordinated City-wide program for the safe, economical and efficient collection, storage. transportation and disposal of solid waste, and to assure adequate standards of service for the collection, storage, transportation and disposal of solid waste. This chapter shall be liberally construed for the accomplishment of these purposes. (Ord. 94-05 § 1, 1994) 6-2.02 Applicability. This chapter regulates the storage, segregation, collection, transportation, processing and disposition of solid waste, greenwaste, medical waste, recyclables, special wastes, tires, and white goods generated within the City of Avenal. (Ord. 94-05 § 2, 1994) 6-2.03 Responsibility to manage solid waste. It is declared that it is in the interest of public health and safety that the City control and manage the segregation, storage, collection, transportation, processing and disposal of solid waste in the City of Avenal. (a) In this regard, the City is responsible for all aspects of management of solid waste. It may carry out this responsibility itself or it may contract with persons to conduct such work. (b) The City has full authority to regulate the collection, transportation, segregation, storage, processing, and disposal of solid waste, including recyclables within the jurisdiction of the City of Avenal. (Ord. 94-05 § 3, 1994) 6-2.04 Rules and regulations. The City Council shall, by resolution, establish additional rules and regulations to administer and carry out the policy and purpose of this chapter as from time to time appear to be in the best interest of public health, safety, and welfare. (Ord. 94-05 § 4, 1994) 6-2.05 Administration of chapter. The Utilities Director is charged with the administration of this chapter and the rules and regulations adopted by the City Council. The Utilities Director is authorized to make necessary and reasonable policies and procedures with respect to the accumulation, collection, transportation, processing, recycling. and disposal of various types of solid waste, consistent with this chapter. The Utilities Director and the Health Officer shall have the authority to enter, at any reasonable hour, upon the premises of any person

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 10 regulated by this chapter to determine compliance with this chapter and the rules and regulations adopted by the City Council. (Ord. 94-05 § 5, 1994) 6-2.06 Definitions. Except as otherwise provided herein, the words and phrases used in this chapter shall be interpreted consistent with the definitions set forth in Public Resources Code Section 40100 et seq., the Health and Safety Code Section 25110 et seq., and Title 14 California Code of Regulations Section 17225 et seq. The definitions set forth below shall apply throughout this chapter. "Act" means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.) and all regulations adopted under that legislation, as may be amended from time to time. "Agricultural solid waste" means manures, culls, prunings or crop residues resulting from the production, packing or processing of farm or agricultural products. "Buy back facility" means a facility which receives source separated materials. "Cleanup people" means those individuals or firms exclusively providing solid waste cleanup and removal services at residential, commercial, industrial, institutional or governmental locations. "Collection vehicle" or "equipment" means any vehicle or equipment used in the collection of residential, commercial, industrial, institutional or governmental solid waste. "Collector" means any person or firm who is engaged in solid waste collection services. "Compost" means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility. "Composting facility" means a permitted solid waste facility at which composting is conducted and which produces compost. "Container" means any bin, roll-off box, vessel, can or receptacle used for the collection of solid waste for removal, whether owned by the collector, property owner or tenant. "Contract" means a solid waste collection contract entered into pursuant to Section 6-2.16(a). "Contract collector" means the person or firm under contract with the City pursuant to Section 6- 2.16(a). "Council" means the City Council of the City of Avenal. "Food waste" means all residential, commercial governmental, and institutional food product waste. "Garbage" means the putrescible animal, fish, fowl, food, fruit, bakery goods or vegetable matter resulting from the preparation, storage, processing, handling, decay, distribution, manufacturing or consumption of such substance except suet, tallow, bones or meat trimmings that are not rejected by the owner or producer as worthless or useless. "Greenwaste" means all grass clippings, leaves, branches and tree trunks and other yard waste generated at residential, commercial, governmental or institutional properties within the City. "Health Officer" means the Health Officer of Kings County or his/her authorized representative. "Litter" means all improperly discarded solid waste, including, but not limited to, convenience food, beverage and other product packages or containers constructed of steel, aluminum, glass, paper, plastic and other natural and synthetic materials thrown or deposited on lands and waters of the state, but not including the properly discarded waste of the primary processing of agriculture, mining, logging, saw milling or manufacturing pursuant to California Code of Regulations, Title 14, Section 17225.42.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 11 "Local Enforcement Agency" means the agency which has been designated under the California Integrated Waste Management Act as the Local Enforcement Agency within Kings County. The current Local Enforcement Agency is the County Health Department. "Material recovery facility" means a facility designed to recover, process, and dispose of solid waste for the purpose of performing salvage and then disposing of the residual solid waste at an approved solid waste disposal site. "Medical waste" means biohazardous waste; sharps waste; waste which is generated or produced, as a result of the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto or in the production or testing of biologicals pursuant to California Health and Safety Code Section 25023.2. "Nuisance" means anything which is injurious to human health or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. "Occupant" means every owner, tenant, leasee or person having care or control of any property or premises. "Person" means any individual, firm, association, partnership, political subdivision, governmental agency, district, municipality, public or private corporation, for profit or nonprofit, or any other entity whatsoever. "Premises" means a tract or parcel of land with or without habitable buildings or appurtenant structures. "Public Works Director" means the Public Works Director of the City of Avenal or his authorized representative. "Putrescible waste" means organic material with a decomposition capacity to emit noticeable quantities of odor and gaseous byproducts. Material in this category includes, but is not limited, to kitchen waste, dead animals, and food waste. "Recyclables" means solid waste that has a value. Material in this category includes, but is not limited to, aluminum, glass bottles and jars, paper, newspaper, cardboard, plastic containers, tin and bi- metal, white goods, yard or greenwaste, and other materials which can be processed and returned 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. "Salvage" means the following: (1) Verb. Segregation of recyclables from the solid waste stream by the generator of that solid waste and preparation for sale by the generator, at a profit, in the commercial market. (2) Noun. Solid waste which has been prepared by the generator at the site where generated and which is saleable as a commodity. "Service area" means the geographic area designated by the City Council in which the solid waste is collected pursuant to Section 6-2.18. "Solid waste" means all putrescible or nonputrescible solid and semisolid waste including, but not limited to, recyclables, refuse, garbage, rubbish, trash, decaying vegetable and animal matter, ashes, street refuse, greenwaste, industrial waste, swill, offal, tin cans, paper, medical solid waste, and other offensive or nauseous substances excepting the following: agricultural solid waste, liquid-carried industrial wastes, sewage, medical waste, and hazardous or extremely hazardous waste as defined and regulated by State Law. "Solid waste collection" means the commercial act of collecting, removing, or transporting solid waste generated at residential, commercial, governmental, industrial, or institutional sites within the incorporated territory of the City of Avenal, and hauling it to a facility for processing, transfer or disposal. "Solid waste facility" means a disposal site, buy back facility, material recovery facility, transfer station, or a site that engages in any solid waste processing, or any facility specified in the Public

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 12 Resources Code Section 40194. Solid waste facility shall include a commercial or industrial business conducting salvage of recyclables, but shall exclude private residences engaged in the salvage of solid waste generated on the premises for their own purposes. "Solid waste processing" means the reduction, separation, composting, recovery, salvage, conversion or recycling of solid waste and any activity conducted in a solid waste facility. "Solid waste separation" means the placement of recyclables in separate containers or bags, or the physical separation of recyclables from other solid waste. The term segregation shall be interchangeable with separation. "Special waste" means solid waste which has characteristics which make it unsuitable for collection and/or processing by regular or routine methods, including but not limited to, tires, large white goods, demolition debris. These wastes shall be collected and/or processed separately from the regular collection and processing procedures. "Source separation" means the separation or segregation of solid waste, at the place of generation or production, of wastes and resources for separate collection, processing, recycling, reuse, recovery or disposal. "Utilities Director" means the Utilities Director of the City of Avenal or his authorized representative. "White goods" means kitchen or other large appliances. "Yard waste" means leaves, grass, weeds, and wood materials from trees and shrubs. (Ord. 94-05 § 6, 1994) 6-2.07 Solid waste management standards. The City Council shall by resolution establish standards for the storage, collection, and transportation of solid waste, based on the recommendations of the Health Officer, Public Works Director and the Utilities Director. The City Council may from time to time revise these standards. (Ord. 94-05 § 7, 1994) 6-2.08 Solid waste separation requirements. Except as set forth in Section 6-2.09(c), all persons within the City shall separate all recyclable from all other solid waste generated at their premises and dispose of it only in accordance with the standards established by the City Council. Such standards shall be by resolution and may be amended from time to time as may be required to meet the requirements of the Act. (a) The standard shall generally provide as follows: (1) Require source separation of solid waste; (2) Require placement of recyclables into different containers so as to facilitate segregation at a solid waste facility. (b) An owner, landlord or agent of an owner or landlord of a multi-family rental housing property, mobile home park, trailer park or recreational vehicle park with (3) or more units, shall comply with its separation responsibilities by establishing a collection and storage system for separated recyclables at each premises. (c) No person shall tamper or meddle with any refuse receptacle. No person other than the owner thereof, the owner's agents or employees, or the City, or a licensed refuse collector shall remove the contents from any refuse receptacle. No person, other than the City or the City's authorized agent, shall remove recyclable materials which have been segregated from other wastes and placed at a designated collection location for the purpose of collection and recycling by the City or the City's authorized agent.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 13 (Ord. 2000-03, 2000: Ord. 94-05 § 8, 1994) 6-2.09 Health and safety issues. (a) Private property shall be free of excess solid waste and litter. The owner, occupant and operator of any premises, business, establishment, or other property, vacant or occupied, shall be responsible for the safe and sanitary storage of all solid waste and recyclables accumulated on the property. The property shall be free of excessive amounts of solid waste and litter, except that manure or wood, leaves and other greenwaste may be accumulated, providing that no nuisance is created. What are excessive amounts of solid waste and litter shall be determined by the Health Officer. (b) Providing waste collection containers. (1) No person shall maintain or use any residence, place of business, or other building or place where persons reside, congregate or are employed which is not provided with means for the sanitary removal of all solid waste. (2) No person shall place or dump any solid waste or any offensive, unsightly or decaying matter of any kind whatsoever anywhere in the City other than in an approved solid waste facility. (3) No person shall place hot coals, hot ashes or other burning matter in any solid waste set out for collection. (c) Disposition of animal carcasses. Every owner, occupant and operator of any real property situated within the City shall, upon reasonable notice given by the Health Officer, bury to a depth of at least three (3′) feet under the surface of the earth, or remove to a proper disposal site, all carcasses of dead animals which have died or are upon any part of such real property. (d) Accumulation of solid waste to be removed. Whenever any solid waste has been thrown or deposited upon any street, road, or private or public premises, or has accumulated thereon, the Health Officer shall give written notice to the owner, tenant or person having charge or control of such street, road, or premises, to remove from the premises the substances so deposited or accumulated. It is unlawful for the owner, tenant or person having charge or control of the premises to neglect or fail to remove the solid waste from the premises within reasonable time, as determined by the Health Officer, after the receipt of the notice. (e) Food waste and agricultural by-products. (1) Food waste. The owner or occupant of any agricultural property may allow food waste to be accumulated, stored, disposed of, or used for stock feeding on the premises, as long as such food waste is not permitted to become a nuisance due to the breeding or attraction of flies or rodents, or from odors, or to create a hazard to the public health, safety or welfare, as determined by the Health Officer. All such agricultural operations shall comply with the Agricultural Solid Waste Management Standards, Title 14 of the California Code of Regulations, commencing with Section 17801. (2) Agricultural by-products. Culled fruits and vegetables and agricultural by-products which cannot be used for animal feed, returned to the soil or recovered in another manner shall be disposed of only to an appropriate licensed disposal site. Agriculture by-products or wastes, not of plant or animal origin, such as nonhazardous packaging, plastic film or shop wastes, shall also be disposed of in an appropriate licensed disposal site. (f) Special wastes. Special wastes shall be collected and/or processed separately from regular solid waste collection service. This waste shall not be placed in the waste containers, but shall be collected and/or processed as set forth in the resolution adopted pursuant to Section 6-2.07. (Ord. 94-05 § 9, 1994)

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 14 6-2.10 Charges for collections. Charge for services rendered in the collection, removal, and disposal of solid waste be fixed by resolution of the City Council and shall be collected by the City from the owner, occupant, tenant, landlord or agent of an owner or landlord of any residential, commercial, industrial, institutional or governmental property. (Ord. 94-05 § 10, 1994) 6-2.11 Mandatory solid waste collection. Mandatory service requirements. All persons within the City owning or in control of premises used as an occupied residence, place of business, or other building or place where persons reside, congregate or are employed shall subscribe to and thereafter use regularly scheduled solid waste collection service with the appropriate contract collector at each such premises. (Ord. 94-05 § 11, 1994) 6-2.11.5 Mandatory recycling. Mandatory recycling service requirements. All person within the City owning or in control of premises used as an occupied residence, place of business, or other building or place where persons reside, congregate or are employed shall subscribe to and thereafter use regularly scheduled mandatory recycling collection services with the appropriate contract collector at each such premises. (Ord. 2000-01, 2000) 6-2.12 Establishment and re-establishment of credit. As established by the City Council by resolution. (Ord. 94-05 § 12, 1994) 6-2.13 Place of pickup. (a) In all cases of dispute or complaints arising from or concerning the place where the solid waste and recycling receptacles shall be placed while awaiting the removal of their contents, the City Council, or their authorizing representatives, shall forthwith designate the place and its decision be final. (b) Refuse and garbage containers shall not be placed adjacent to the street and/or collection area for pickup more that twenty-four (24) hours prior to pickup time, and such containers shall be removed within the twenty-four (24) hour period following pickup. Within the twenty-four (24) hour period following pickup, the refuse and garbage containers shall be placed in an area of which is as inconspicuous as practical so as to minimize its visibility from public areas. (c) The violations of any of the provisions of Section 6-2.13 shall result in the following actions by the City: (1) First violation. A written notice of the violation shall be issued to the person in violation of Section 6-2.13 and a fine of fifty dollars ($50.00) shall be charged to such person as a one-time charge for such violation. Said person shall pay the full amount of such charge within thirty (30) days of the date of the issuance of the fine. (2) Second violation. A written notice of the violation shall be issued to the person in violation of Section 6-2.13 and a fine of one hundred dollars ($100.00) shall be charged to such person as a one-time charge for such violation. Said person shall pay the full amount of such charge within thirty (30) days of the date of the issuance of the fine.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 15 (3) Third and subsequent violations. A written notice of the violation shall be issued to the person in violation of Section 6-2.13 and a fine of one hundred fifty dollars ($150.00) shall be charged to such person as a one-time charge for such violation. Said person shall pay the full amount of such charge within thirty (30) days of the date of the issuance of the fine. (Ord. 2000-07, 2000; Ord. No. 2005-06, 6-23-2005) 6-2.14 Discontinuance and restoration of service. (a) All bills for solid waste services shall be due and payable at the time as the bills are due and payable for water service. If a bill is not paid within the time provided for, the water service of the person to whom the charges are made may be discontinued until the amount of the deposit made to establish credit for the solid waste service has been fully absorbed. (b) A customer may have his or her water service discontinued for nonpayment of the solid waste bill for service furnished at a previous location served by the City if the bill is not paid within thirty (30) days after presentation at the new location. The City shall have the right of refusing or ceasing to deliver water to a customer, if such person fails to comply with all the ordinances, resolutions and regulations of the City with regard to solid waste service. (c) A customer may have his or her solid waste service discontinued by giving notice of his or her desire not less than two (2) days before its effective date. The customer shall be required to pay all charges up until the effective date stated on such notice. When notice is not given, the customer shall be required to pay for charges until two (2) days after the City has actual knowledge that the customer has vacated the premises, or otherwise has discontinued his or her solid waste and water service. (Ord. 94-05 § 14, 1994) 6-2.15 Charges on premises where no water service charges are being made. Charges for solid waste collection service shall be made only to the person(s) who also have the water service charge. Where premises are being used or occupied by any person who does not appear as the responsible person for water service charges on those premises, then the charges shall be made directly to the person who either owns or controls the premises, and who is chargeable for the water service charges. (Ord. 94-05 § 15, 1994) 6-2.16 Solid waste collection. All collectors of solid waste shall comply with the following: (a) Except as otherwise provided in this chapter, it is unlawful for any person to undertake any solid waste collection in any area of the City without first entering into a contract with the City pursuant to Sections 6-2.19(a) through 6-2.19(f) of this chapter. (b) The following persons are not required to enter into a solid waste collection contract: (1) A person hauling special solid waste such as professional gardeners, and clean up people; persons collecting dead animals, bones, meat scraps, grease or other waste food products for rendering or animal food; collectors of tires, collectors of salvage from commercial or industrial premises, and persons who collect vegetable matter or food waste, without charge, for use as food for animals. The foregoing persons, however, shall be subject to the following provisions: (i) Such hauling shall not replace the normal mandatory solid waste collection service regulated under the provisions of Section 6-2.11(a) of this chapter. (ii) The above person shall register in accordance with Section 6-2.17 of this chapter.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 16 (iii) Such persons shall comply with all applicable health and safety requirements and standards for the collection, storage, processing and transportation of solid waste. (iv) Such operators shall comply with all reasonable and applicable policies and procedures made by the Utilities Director in accordance with Section 6-2.05 of this chapter. (v) Nothing in this chapter shall be interpreted to prevent the maintenance of a household compost pile on private property. (2) Persons who provide solid waste collection under license, permit, franchise or contract with other governmental entities within the City of Avenal. (c) In addition to any other requirements of this chapter, each solid waste contract collector shall: (1) Provide pickup service to all persons within the City of Avenal owning premises used as an occupied residence, place of business, or other building or place where persons reside, congregate or are employed; (2) Commence the mandatory service and facilities within thirty (30) days after the effective date of the contract unless the City Council extends the time upon a showing of reasonable grounds by the contract collector; (3) Provide solid waste collection service in compliance with the performance standards adopted by the City Council. (d) Any person collecting, processing or transporting solid waste shall be responsible for the prevention of littering or the creation of a nuisance at the loading point, processing location, during transport, and during unloading operations. (e) Each contract collector shall provide a minimum regular collection schedule for his or her customers within the territory specified in the contract. The schedule shall be set forth in the contract authorizing collection. (f) The identification of solid waste and recyclables storage containers and vehicles used in the collection and transportation of solid waste shall be governed by Title 14 of the California Code of Regulations, Sections 17316 and 17344. (g) Hauling of solid waste and parking of solid waste vehicles. (1) The hauling of solid waste on public roads or highways shall be governed by California Vehicle Code Sections 23114 and 23115. (2) The parking of solid waste collection vehicles shall be governed by Title 14 of the California Code of Regulations, Section 17343. (h) Records required. (1) Each contract collector shall keep and maintain such operating records as the Utilities Director may require to ascertain the extent of compliance with this chapter, and shall, if so requested by the Utilities Director, submit periodic reports of his or her operations. (2) Each contract collector shall maintain a record of customer complaints, to include a record of the action taken to resolve each complaint. Such record shall be available for inspection by the Utilities Director for a period of at least three (3) years. (i) Subject to the provisions of existing law, the vehicles and equipment of a contract collector may be inspected by the Health Officer at any reasonable time, at the point of operation or at the contract collector's service yard. (j) The contract entered into under this chapter shall not be assignable or transferrable, either voluntarily or by operation of law, without the written permission of the City Council. (k) As a condition of entering into a solid waste collection contract, the City Council shall establish terms and conditions under which containers for the collection of special waste shall be placed

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 17 in the contract collector's service area to serve the needs of the customers in such area. The contract collector shall provide for placing and handling of such containers and dispose of collected waste "free of charge" to the user. (Ord. 94-05 § 16, 1994) 6-2.17 Registration of solid waste collection and processing. (a) Except as set forth below, all persons who collect, remove, dispose of, transport, or process solid waste shall register with the City as set forth in Section 6-2.20 of this chapter. Persons subject to this requirement include, but are not limited to, collectors of special waste anywhere within the City of Avenal. (1) Collectors of special waste anywhere within the City of Avenal. (b) The requirements of this section do not apply to the following: (1) Persons within their own residence, whether owned or rented, who perform salvage of solid waste generated at that location for their own purposes. (2) All publicly operated solid waste facilities which operate under a State permit. (Ord. 94-05 § 17, 1994) 6-2.18 Designation of City service area(s). The City Council may divide the City into service areas for the purpose of solid waste collection therein. The service areas shall be shown on a map of the City kept on file with the City Clerk. In order to carry out the policy of this chapter the City Council, after notice and hearing as provided in Section 6-2.23 of this chapter, may in its sole discretion, modify, enlarge, divide, combine or otherwise apportion existing service areas and execute new or revised contracts for solid waste collection in the service area as modified, enlarged, divided, combined or otherwise apportioned. (Ord. 94-05 § 18, 1994) 6-2.19 Solid waste collection contract. The City Council may contract with collectors for exclusive rights to collect solid waste within specific service areas on a set schedule. The contract will be for a set term, and will be issued on a competitive basis. (a) At times designated by the City Council, the City will solicit proposals from waste companies engaged in solid waste collection. The requests for proposals will be for removal of solid waste from any one or all of the service areas within the City. (b) The solid waste collection proposal shall include the following information: (1) The business address and, if different, any and all addresses where collection vehicles, operating equipment or other facilities are located or will be kept, and the zoning classifications of each such location; (2) The name, address and telephone number of the applicant and all owners and officers of the business and their percentage of ownership; (3) A description of all collection vehicles and equipment that the applicant owns or has under his or her control for the collection or transportation of solid waste including make, year of manufacture, mechanical condition, license number, and whether or not it is self-unloading; (4) Types of service to be provided within a specified service area or portion thereof;

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 18 (5) The approximate number of customers to be served by the applicant, divided into the types of service; (6) A schedule of rates proposed to be charged for each type of service and a discussion as to how the proposer desires to adjust rates over the term of the contract; (7) A schedule of the frequency of service for each type of service; (8) The term for which the proposer desires to have the contract; (9) The disposal site where the applicant intends to dispose of the solid waste collected; (10) If a joint venture or a partnership or a limited partnership, the names of all partners and their percentage of participation and their permanent addresses; if a corporation, the names and permanent addresses of all the officers; (11) Such other information as the Utilities Director may require. (c) The proposal shall be accompanied by the following documents: (1) A map showing the service area or portion thereof in which the applicant proposes to provide solid waste collection service or by reference to a service area number shown on the map on file with the City Clerk; (2) Security in the amount of ten thousand dollars ($10,000.00) in the form of a faithful performance bond, cash, negotiable bonds, instrument of credit, certificate of deposit, or such other security as may be acceptable to the City. Such security shall be subject to approval by the City Council and shall be maintained by the applicant during the entire term of the contract. The security is for the purpose of securing compliance with all of the terms and conditions contained in this chapter and for the protection of customers of the applicant; (3) A policy or policies of liability and property damage insurance, and automobile and truck liability insurance, or certificates thereof, issued by a company or companies duly and legally licensed to transact business in the State of California, covering personal injuries, including wrongful death, and claims from property damage that may arise from the operation under the contract and operation of automobiles and trucks. Such insurance policy shall be issued at the expense of the applicant and maintained during the entire period that the contract is in force and shall contain a provision that the policy will not be cancelled without thirty (30) days prior written notice by the insurance company to the City of Avenal. Such insurance policy shall be in a form approved by the City Attorney and shall name the applicant and the City, the officers, employees and agents of the applicant and the City, as additional insureds. The minimum limits on the insurance shall be not less than one million dollars ($1,000,000.00) combined single limit for liability and one million dollars ($1,000,000.00) combined single limit for automobile and truck liability; (4) Demonstrate to the satisfaction of the Utilities Director that the applicant has adequate experience in the collection and transportation of solid waste; (5) Facts demonstrating that the applicant owns or has access to suitable facilities for the repair, maintenance, cleaning and storage of vehicles and equipment. (d) The City Manager, Utilities Director and Public Works Director are responsible for the review and evaluation of proposals and will recommend which proposer should be selected as the contract collector. (1) Prior to issuance of requests for proposals, the City Manager, Utilities Director and Public Works Director shall establish an objective criteria to be used in evaluating and selection of the preferred applicant. This criteria shall be included in the requests for proposals. (2) The Utilities Director and Public Works Director shall review all proposals and make any investigations or inspections deemed necessary or appropriate and shall report within thirty

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 19 (30) days to the City Manager with recommendations, including any recommendations for special conditions relating to the proposal. (3) The City Manager shall review all proposals and make such investigation as he or she deems necessary and appropriate to insure that cost effective and quality services are delivered. (4) Upon the basis of the level of service proposed, the collection rates, any historical evidence as to the quality of service, the Utilities Director and the Public Works Director recommendations, evidence submitted and results of any investigations, the City Manager shall make a finding on the qualifications of the applicant(s) under this chapter. On the basis of his/her findings, the City Manager shall recommend to the City Council who should be granted the contract. (e) The City Manager shall, with the approval of the City Clerk, establish a date for a hearing before the City Council on the issuance of the contract within a reasonable time after any required or appropriate investigations, inspections or audits are completed. (1) The City Manager shall prepare a report to the City Council recommending who should be the contract collector within each service area. The report shall contain a discussion of the basis for the recommendation and it shall contain recommended terms and conditions to be included in the contract. (2) Further notice of the hearing on the application shall be given to the general public by publication as prescribed by law. (f) At the conclusion of the hearing on the proposal for a collection contract, the City Council may, in its sole discretion: (1) Enter into or decline to enter into a contract subject to conditions or modifications deemed by the Council to be necessary to carry out the provisions of this chapter. (2) The Council may enter into no more than one contract per service area, except as allowed in Section 6-2.18 of this chapter. (3) The Council may place conditions on the contract which insure compliance with the requirements of this chapter and with the Act. (4) The term of the contract shall be no less than one year and no more than five (5) years, as determined by the City Council. (5) As a condition of the City entering into the contract, the applicant shall agree to appear and defend all actions against the City arising out of the exercise of the contract, and to indemnify and save the City, its officers, employees and agents harmless of and from all claims, demands, actions, or causes of action of every kind and description resulting directly or indirectly, arising out of, or in any way connected with, the exercise of the contract. The indemnification shall be a condition stated in the contract. (g) Once the contract is in effect, the contractor may apply for a change in rates and/or a change in frequency and type of collection. (1) An application for a rate increase or decrease or a change in frequency of service for a service area shall be filed with the City Manager who shall, with the approval of the City Clerk, establish a date and time for a hearing before the City Council on the issue of the rate increase or decrease or change in frequency of service, within a reasonable time after filing of the application, taking into consideration the need to give the public notice of the hearing as provided below. (i) The City Clerk shall give written notice of the time and place of the hearing to the applicant and notice of the hearing to the general public by publication as required by this chapter.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 20 (ii) The applicant shall give written notice to each customer within its service area. The notice shall state the fact of the contract collector's application for a rate increase or decrease or for a change in frequency of service and shall set forth the proposed schedule of rates or frequency of service, the proposed effective date for the revision, and the date, time and place set for the public hearing before the City Council on the application for the revision. The notice shall be mailed not more than sixty (60) days nor less than thirty (30) days prior to the date of the public hearing, followed by the filing of a declaration with the City Clerk certifying to the satisfaction of this notice requirement. The applicant shall make a good faith effort to perfect service of notice in compliance with this subsection, but the failure of any customers to receive such notice shall not affect in any manner the validity of any proceedings taken under this section. (iii) In determining whether such changes in rates are reasonable, the City Council may consider the length of haul, types of solid waste collected, stored or transported, the number, types and locations of customers served, the frequency of service, the investment in equipment and facilities, the local wage scales, the cost of disposal, and any other factor deemed by the Council to be relevant to the cost of doing business to a fair profit to the contract collector, and to providing a sufficient and proper service to the public. (2) Prior to the hearing, the Utilities Director may conduct an investigation of any proposed rate increase or decrease or change in frequency of service, including an audit of a contract collector's records. Upon completion of the investigation, the Utilities Director shall make a report and recommendation to the City Manager regarding the proposed rate increase or decrease or change in frequency of service. (3) After the hearing, the City Council shall approve, disapprove or modify a proposed rate change or change in frequency of service based on the same standards established by this chapter, and on proposals for additional, better or more comprehensive service to the service area. (Ord. 94-05 § 19, 1994) 6-2.20 Registration required. Any person who must register as a solid waste processor shall furnish the information in accordance with the procedures set forth in Section 6-2.21 of this chapter, including the compliance with the reporting requirements. (Ord. 94-05 § 20, 1994) 6-2.21 Reporting requirements. All solid waste collectors and processors shall be required to prepare and submit a quarterly "report of solid waste processed" to the Utilities Director. This report shall be essential in monitoring the amount of solid waste diverted from landfilling. The report shall contain, at a minimum, the following information: (a) The name of the person or firm conducting the solid waste processing; (b) The type of solid waste processing conducted; (c) The total tonnage of solid waste received for processing; (d) The type(s) of and tonnage(s) of solid waste(s) processed as recyclables; and (e) The destination of the solid waste processed as recyclables. (Ord. 94-05 § 21, 1994)

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 21 6-2.22 Enforcement. (a) Except as otherwise specifically provided in this chapter, the Utilities Director shall be responsible for the enforcement of this chapter and the rules and regulations adopted by the City Council. (b) The Utilities Director and the Health Officer shall have authority to enter, at any reasonable hour, upon the premises of any person regulated by this chapter to determine compliance with this chapter and the rules and regulations adopted by the City Council. (Ord. 94-05 § 22, 1994) 6-2.23 Written notices—Manner of giving. With the exception of written notices required in Section 6-2.19(g)(1)(ii) of this chapter, written notices required by this chapter shall be personally delivered to the person entitled thereto, or sent by certified mail, postage prepaid, return receipt requested, to the person entitled thereto, addressed to a contract collector or applicant at his principal place of business as listed in his/her application. The Utilities Director, or other person charged with giving written notices, shall file a declaration with the City Clerk certifying to the date and the manner in which such notice was given. The person charged with giving such notice shall make good faith efforts to perfect service of notice, but the failure of any contract collector, applicant or other person to receive such notice shall not affect in any manner the validity of any proceedings taken thereunder. (Ord. 94-05 § 23, 1994) 6-2.24 City Council decision final. The determination of the City Council after conclusion of any hearing pursuant to this chapter shall be final. A contract collector may not submit a new request for an increase in the same class of rates or frequency of service determined adversely to him/her for a period of one year after such determination has been made, unless the Council finds that the public interest requires reconsideration of the matter within a shorter period of time. (Ord. 94-05 § 24, 1994) 6-2.25 Penalties. Unless otherwise specified, any person convicted of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of fifty dollars ($50.00), and for a second conviction within a period of one year by a fine of one hundred dollars ($100.00) and for a third or any subsequent conviction within a period of one year by a fine of two hundred fifty dollars ($250.00). (Ord. 94-05 § 25, 1994; Ord. 2000-02, 2000) 6-2.26 Validity of chapter. In the event any one or more of the provisions contained in this chapter shall, for any reason, be held to be invalid, illegal, unenforceable or unconstitutional in any respect, such invalidity, illegality, unenforceability or unconstitutionality shall not affect any other provisions hereof, and this chapter shall be construed as if the invalid, illegal, unenforceable or unconstitutional provision had never been contained herein. (Ord. 94-05 § 26, 1994)

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