Beverly Hills Municipal Code Art. 4.5 Commercial Waste Collection Franchises

COMMERCIAL WASTE: Solid waste which results from the operation of any commercial, industrial or institutional establishment.

HAZARDOUS WASTE: A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following:

A. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness.

B. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed.

MEDICAL WASTE: Means and includes, without limitation, biohazardous waste or sharps waste, waste that 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. Medical waste may contain infectious agents. "Medical waste" does not include any of the following: waste containing microbiological cultures used in food processing and biotechnology and any containers or devices used in the preparation or handling of these cultures that is not considered to be an infectious agent; waste that is biohazardous such as paper towels, paper products, articles containing nonfluid blood and other medical solid waste products commonly found in the facilities of medical waste generators, hazardous waste, radioactive waste, waste generated from residential uses, or waste generated from normal and legal veterinarian, agricultural and animal livestock management practices on a farm or ranch.

RECYCLABLE MATERIALS: Materials which are capable of being reprocessed or being manufactured and diverted to reuse and include, without limitation, office and higher grade paper, corrugated paper, newspaper, telephone books and cardboard, plastics, aluminum, ferrous metal, glass and tin.

SOLID WASTE: All putrescible and non putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge, which is not hazardous waste, and other discarded solid and semisolid waste.

Solid waste does not include hazardous waste or low level radioactive waste regulated under chapter 7.6 of division 20 of the California Health and Safety Code. Solid waste does not include medical waste which is regulated pursuant to the medical waste management act, chapter 6.1 of division 20 of the California Health and Safety Code, provided that the medical waste is not disposed of at a solid waste facility. Medical waste which has been treated and is deemed to be solid waste pursuant to the medical waste management act is considered solid waste. (Ord. 93-O-2186, eff. 3-15-1994)

Except as provided in article 4 of this chapter, no person shall collect and/or dispose of commercial waste, commercial recyclable materials and/or medical waste in the city without having first been awarded a franchise and entered into a franchise agreement with the city which shall include all of the terms and conditions for the collection of such waste in the city. Such franchise shall be in addition to any business license or permit otherwise required by the city. All such franchises shall comply with all of the requirements of this article. (Ord. 93-O-2186, eff. 3-15-1994)

The city council may award one or more franchises for the collection of commercial waste, commercial recyclable materials and/or medical waste within the city. In the event one or more franchises are awarded, no person other than a franchisee shall collect and/or dispose of commercial waste, commercial recyclable materials and/or medical waste in the city. (Ord. 93-O-2186, eff. 3-15-1994)

Each franchise shall pay fees in an amount determined by resolution of the city council. (Ord. 93-O-2186, eff. 3-15-1994)

The city council may, by resolution, establish rates to be charged to customers of a franchisee for the collection of commercial waste, commercial recyclable materials and/or medical waste. (Ord. 93-O-2186, eff. 3-15-1994)

Each franchisee shall provide, at its own expense, insurance as required by the city in the franchise agreement. (Ord. 93-O-2186, eff. 3-15-1994)

Each franchisee shall indemnity, defend and hold harmless the city, city council and each member thereof, its officers, employees and agents from any liability or financial loss arising from operation of its franchise as required by the city in the franchise agreement. (Ord. 93-O-2186, eff. 3-15-1994)

The franchise agreement shall provide for the requirements relating to the frequency and hours of collection, the size, placement and care of containers and special collections. (Ord. 93-O-2186, eff. 3-15-1994)

Any franchise awarded pursuant to this article shall be for a term of not more than five (5) years. (Ord. 93-O-2186, eff. 3-15-1994)

A franchise issued under this article shall not be transferred, sold, assigned, relinquished or delegated to another person without the approval of the city council. This restriction includes the transfer of ownership of the franchise or a majority of the ownership or control of the franchisee, or the conveyance of a majority of the franchisee's stock to a new controlling interest. (Ord. 93-O-2186, eff. 3-15-1994)

The city and franchisee may mutually agree to extend the franchise term on such terms and conditions as the parties may agree. Nothing contained in this provision or in this article shall obligate the city to extend the terms of any franchise. (Ord. 93-O-2186, eff. 3-15-1994)

After a hearing, the city council may revoke or suspend any franchise if the council finds that the franchisee has violated a provision of this article, the franchise agreement or any other applicable law, ordinance, or regulation of any public agency, or that continued operation by the franchisee will constitute a threat to the public health, safety, or general welfare of the city. It shall be unlawful for any person to operate under a franchise which has been revoked or suspended. (Ord. 93-O-2186, eff. 3-15-1994)

The city manager, without a hearing, may suspend a franchise for not more than sixty (60) days, if the city manager finds that continued operation by the franchisee will constitute a threat to the public health, safety, or general welfare of the city. (Ord. 93-O-2186, eff. 3-15-1994)

The city manager or his agent shall serve a notice of hearing of revocation of franchise on the franchisee by first class certified mail not less than fifteen (15) days prior to such hearing. (Ord. 93-O-2186, eff. 3-15-1994)

In the event of the revocation of a franchise, the city manager or his designee shall notify the applicant in writing of the reasons therefor. Such notification may be made in person or by registered or certified mail. The notice of ruling shall include, without limitation, the effective date of any revocation of the franchise. (Ord. 93-O-2186, eff. 3-15-1994)

Upon revocation of a franchise by the city council, the franchisee shall cease operations in the city within the period of time determined by the council but in no event shall the franchisee operate more than forty five (45) days after notice of revocation.

The franchisee shall provide each of its customers written notification of termination of service within ten (10) days of revocation of the franchise. Such notice shall have attached a listing of all eligible franchisees in the city. (Ord. 93-O-2186, eff. 3-15-1994)