Brea Municipal Code Ch. 8.28 Solid Waste Collection and Salvage of Recyclable Materials

A. The City Council finds and determines that storage, accumulation, collection and disposal of refuse, trash, rubbish, solid waste, debris and other discarded material, as well as recyclable material, is a matter of great public concern, in that improper control of such matters creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, vector breeding and infestation and other problems affecting the health, welfare and safety of the residents of the city and adjacent communities. The City Council further declares that regulations provided in this chapter designed to eliminate or alleviate such problems.

B. Further, the legislature of the state of California has enacted the California Integrated Waste Management Act of 1989 (Cal. Pub. Res. Code Division 30, §§ 40000 et seq.) (the “Act” hereinafter) which evidences the substantial public health, safety and welfare needs of the citizens of the state with regard to the appropriate utilization of the resources of the state and directs the cities thereof to embark upon aggressive solutions to the generation of solid waste and the disposal thereof. The Act declares that the responsibility for solid waste management is a shared responsibility of both the state and local governments and establishes goals and objectives for the management of solid waste, including substantial penalties for failure by local government to effectively manage the solid waste generated within the community by means of source reduction and recovery programs, including recycling activities. Pursuant to the Act, this city has adopted its Source Recovery and Recycling Element and this chapter is intended to assist in the implementation thereof.

(Ord. 990, 7-23-1996)

For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning was intended:

"Animal waste."

Manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock.

"City."

The city of Brea.

"City clerk."

The City Clerk of the city of Brea, and his or her authorized deputies.

"City manager."

The City Manager of the city of Brea or his or her designee.

"Commercial premises."

Buildings, structures and areas used principally for business, commercial or industrial purposes, and including the following: Hotels, motels, apartment buildings containing more than four (4) apartments, condominium buildings containing more than four (4) condominiums, and including all other places that are not defined as residential units in this section.

"Construction and demolition waste."

The waste building materials, packaging, plaster, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations on pavements, buildings and other structures (except asbestos-containing materials or hazardous waste).

"Composting."

The controlled biological decomposition of organic wastes that are source separated from the solid waste stream.

"Composting center, station or facility."

A facility the principal function of which is to receive and to process green waste through composting.

"Council."

The City Council of the city of Brea.

"Green waste."

Vegetative cuttings, shrubs, stumps, brush, tree trimmings, grasses and related materials which have been separated from other solid waste. "Green waste" does not include stumps or branches with a diameter exceeding eighteen (18) inches or a length exceeding four (4) feet.

"Hazardous waste."

Any waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 USC §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC §§ 9601 et seq., and all future amendments to either of them, or as defined by the California Environmental Protection Agency, the California integrated Waste Management Board, or either of them and shall include medical waste and household hazardous waste. Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.

"Occupant."

Includes every owner of, and every tenant or person in possession of, is the inhabitant of, or has the care and control of, an inhabited residence.

"Permit."

Written authority granted by the city to any refuse collector or salvager as evidenced by contract, franchise, certificate or other writing issued pursuant to this chapter.

"Permittee."

Any person authorized by the City Council or the City Manager, as the case may be, to conduct business as a refuse collector or salvager within the city pursuant to this chapter.

"Person."

Any individual, firm, corporation, association, or group or combination thereof acting as a unit.

"Recyclable material or recyclables."

Material which has been source separated or commingled with other, similar material and can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the Act, and includes paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET and other plastics, beverage containers, compostable materials, and such other materials designated by city's City Manager, or designated as recyclables by the California Integrated Waste Management Board, or other agency with jurisdiction, and which are collected by a permittee pursuant to this chapter.

"Recycling."

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 materials 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 as the incineration, pyrolysis, distillation, gasification, or biological conversion other than composting.

"Recycling center, station or facility."

A facility whose principal function is to receive, store, convert, separate, or transfer recyclable materials for processing.

"Refuse."

Includes any and all types of rubbish, trash, garbage or other waste material referred to in this chapter.

"Refuse collector."

Any person or persons, firm, copartnership, joint venture, association or corporation engaged in the collection, transportation and/or disposal of solid waste including recyclable material and green waste services in the city.

"Residential unit."

Each place used for residential purposes, including the following, but not restricted to: Single-family dwellings, multifamily dwellings, apartments and/or condominiums containing four (4) units or less, town houses, mobile home parks, and trailer courts, whether or not utilizing dumpster-type bins, and not including: Hospitals, convalescent homes, hotels and motels.

"Rubbish."

Includes, but is not restricted to, all non-biodegradable waste or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris and other similar materials.

"Rubbish disposal operator."

Synonymous with "refuse collector."

"Salvage."

To obtain, either for compensation or other consideration, directly from the transferor thereof, any recyclable material prior to the placement of the same in the solid waste stream or the disposal or discarding thereof whether by collecting, or causing to be collected, the same from the transferor thereof or by the transferor thereof transporting the same to the salvager.

"Salvager."

Includes any person engaged in salvaging recyclable material prior to the disposal or discarding of the same in the solid waste stream and includes the person generating the recyclable material if done by such persons own employees or any subsidiary thereof. "Salvager" does not include a non-profit entity including, but not limited to, churches, schools, community organizations or groups obtaining recyclable materials for purposes such as, but not limited to, fundraising activities, rehabilitation and training programs.

"Scavenge."

Includes the extraction, segregation, removal or development of articles or material of value, including recyclable material, from solid waste.

"Solid waste."

All putrescible and non-putrescible solid, semi-solid and liquid wastes including garbage, trash, refuse, paper, rubbish, ashes, demolition and construction debris, industrial wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other solid and semi-solid wastes and recyclable materials discarded or placed for disposal in bins, containers or at curbside for collection, whether segregated by type or commingled. "Solid waste" does not include hazardous waste as defined herein.

"Solid waste stream."

The placement of items, including recyclable material, into authorized receptacles for collection by an authorized refuse collector.

"Streets."

The public streets, ways and alleys, except state freeways, as the same now or may hereafter exist within the city.

"Transferor."

Includes any person generating recyclable material who, for compensation or other consideration, donates, sells or otherwise conveys or transfers title thereto and possession thereof to a salvager and does not discard the same as solid waste. "Transferor" does not include a resident who conveys or transfers residential recyclable material, whether for consideration or as a donation, to a salvager or any non-profit entity including, but not limited to, churches, schools, community organizations or groups.

"Trash."

Includes, but is not restricted to, every accumulation of animal, vegetable or other material:

Resulting from the preparation and consumption of edible foodstuffs; or

Resulting from decay, dealing in or storage of meats, fish, fowl, fruits or vegetables, including the cans, containers or wrappers wasted along with such materials; or

Such industrial, domestic and organic refuse or residue of animals sold for meat; or

Fruit, vegetable and animal matter from kitchens, dining rooms, markets, food establishments or any other place using, dealing in or handling meats, fish, fowl, fruits, vegetables or grains; or

Offal, animal waste, or the carcasses of animals, fish or fowl; or

Non-recyclable glass, paper or metal products.

"Truck."

Any truck, trailer, semitrailer, conveyance or vehicle used, or intended to be used, for the purpose of collecting solid waste and/or recyclable material or to haul or transport solid waste and/or recyclable material.

(Ord. 990, 7-23-1996)

Pursuant to Cal. Pub. Res. Code § 40059, as the same may be amended from time to time, or any successor provision or provisions thereto, and the police power, pursuant to Article II, § 7 of the California Constitution, the city shall have, and hereby retains, the authority to issue permits, including exclusive permits or franchises, for refuse collector services or salvager services, as provided for in this chapter and may, as a condition for issuing such permits, require a bond from the permittee in an amount determined by the City Council to insure the faithful performance of such collection, transportation and disposal in accordance with this chapter and the terms and conditions imposed by the City Council. In the event that any permittee shall fail or refuse to conform to the conditions of the permit or this chapter or any regulations promulgated hereunder, the Council, at its option and after a hearing called upon at least ten (10) days prior written notice to the permittee, may revoke such permit. In issuing permits for refuse collector services, the city shall not be required to issue the same based upon the offer of lowest rates, but shall be free to issue such permits to the person deemed best suited to comply with the provisions of this chapter and such other terms and conditions imposed by the City Council.

(Ord. 990, 7-23-1996)

The City Council determines that the collection, transportation and disposal of solid waste and green waste and recycling services are services to be performed in the city in accordance with the provisions of this chapter. The city may from time to time issue permits to those parties meeting the criteria of this chapter and such other standards as may be established by resolution of the City Council regarding the collection, transportation and disposal of refuse, rubbish and other forms of solid waste, green waste and recyclables from residential and commercial units. So long as any such permit remains in force, collection, transportation and disposal of such material provided for therein may be made only in accordance with the terms and conditions thereof and this chapter. Fees and charges for such refuse collector services shall be those which the City Council may from time to time hereafter approve by resolution and shall be in lieu of any business license tax imposed generally by city. No person shall engage in the refuse collector business within the city from any residential unit or commercial premises, nor transport the same over any public streets or rights-of-way, unless a permit to do so has first been obtained from the Council, such person complies with the provisions of this chapter and any other regulations which haven been adopted pursuant to this chapter.

(Ord. 990, 7-23-1996)

The City Council determines that the collection, transportation and disposal of recyclable material obtained by salvage thereof is an activity to be performed in the city in accordance with the provisions of this chapter. The city shall issue, from time to time, permits to those persons engaged in the salvage of recyclable material meeting the criteria of this chapter and such other standards as may be established by resolution of the City Council regarding salvage and salvagers. So long as any such permit remains in force, salvage of recyclable material shall be made only in accordance with the terms and conditions thereof and this chapter. Fees charged to salvagers for compliance reporting pursuant to the Act and City's Source Reduction and Recycling Element shall be established by resolution of the City Council. Business license taxes shall be as set forth in the City's Business License Ordinance, as the same may be amended from time to time, and shall be in addition to any other fees and charges imposed by the city hereunder. No person shall engage in the business of salvaging recyclable material within the city from any residential unit or commercial premises, nor transport the same over any public streets or rights-of-way, unless a permit to do so has first been obtained from the city and such person complies with the provisions of this chapter and any other regulations which have been adopted pursuant to this chapter.

(Ord. 990, 7-23-1996)

No person shall act as a refuse collector within the city unless such person is a permittee, as defined in this chapter, is exempt in accordance with paragraphs A. through D. of this section. No person shall permit, allow or enter into any agreement whatsoever for the collection or transportation of solid waste, recyclable material, green waste or hazardous waste from any residential unit or commercial premises with any person who is not a permittee as herein defined, except as permitted in paragraphs A. through D. of this section.

A. The collection and removal of grass clippings and shrubbery by individual residents, business owners and by individuals doing business as professional landscapers, when the collection is directly related to their work, shall be exempt from the permit system.

B. A permittee shall not be required to collect hazardous waste as part of its regular collection activity. Liquid and dry caustics acids, flammable, explosive materials, insecticides, and similar substances shall not be deposited in collection receptacles. Any person collecting such substances shall, in addition to any requirements of state or federal law, obtain a permit therefor pursuant to the provisions of this chapter.

C. Biohazardous and/or medical waste (as defined in Cal. Health and Safety Code § 25117.5, as amended from time to time, or any successor provision or provisions thereto) shall not be collected by a permittee as part of its regular collection activity. Anyone producing such wastes shall store, handle and dispose of such materials only in the manner approved by the County Health Officer or designated deputy, and in accordance with the Cal. Health and Safety Code. Disposal of biohazardous and/or medical waste shall be conducted pursuant to a permit issued under this chapter in addition to any requirements imposed by state law.

D. The removal and disposal of refuse from a residential unit by the occupant or owner thereof shall be exempt from the refuse permit system, subject to the provisions of § 8.28.140 of this chapter.

(Ord. 990, 7-23-1996)

A. Except as expressly authorized by this chapter, no person other than a permittee may place a bin, dumpster or other solid waste receptacle for collection within the city.

B.

1. The city shall provide written notice to any person or business violating this section, that the prompt and permanent removal of such bin, dumpster or waste receptacle from its location within the city is required. The city shall provide such written notice by posting a copy of the notice prominently upon the bin, dumpster or waste receptacle. If the bin, dumpster or waste receptacle is identified with the name and telephone number of the solid waste enterprise servicing or owning it, the city shall endeavor to contact such enterprise by telephone. However, failure to notify the owner telephonically shall not invalidate the notice.

2. The city may impound or cause to be impounded any such bin, dumpster or waste receptacle if the same is not permanently removed from its location within the time set forth in the notice, which time shall not be less than twenty-four (24) hours after posting of the notice, or not less than six (6) business hours after telephonic notification, if such notification is provided. If the bin, dumpster or waste receptacle has no markings identifying the owner or setting forth the owner's telephone number, and if identification of such owner thereof cannot be provided by the business owner or operator on whose premises the bin, dumpster or waste receptacle is located, then the city shall be authorized to immediately remove and impound it. For purposes of this section, "business hours" shall mean the hours of 7:00 a.m. to 5:30 p.m., Monday through Friday, and Saturday 7:00 a.m. to 3:00 p.m. Any person who violates this section shall be liable to the city for all fees and charges established by resolution of the City Council and levied in connection with the collection, transportation, storage and handling of the bin, dumpster or waste receptacle by the city.

3. The bin, dumpster or waste receptacle impounded by the city shall be retrieved by the owner or representative thereof immediately after all applicable fees and charges have been paid. The City Manager may delegate to a permittee the authority to impound and/or store unauthorized bins, dumpsters and/or waste receptacles, in accordance with the provisions of this section, and to collect the fees and charges levied by the city.

C. If the bin, dumpster or waste receptacle is not claimed within thirty-five (35) days after removal and notice to the owner, or thirty (30) days after removal if the identity of the owner is unknown, the bin, dumpster or waste receptacle and its contents shall be deemed abandoned property and may be disposed of in any manner authorized by law.

D. Upon posting of a written notice of violation upon an unauthorized bin, dumpster or waste receptacle, the customer using the same shall immediately cease placing solid waste therein.

E. For purposes of this section, the terms "bin", "dumpster" and/or "waste receptacle" shall mean and include any form of solid waste or recyclable materials receptacle which is placed for collection upon any public or private property within the city by any person or entity that is not a permittee.

F. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this section. Any person, firm, partnership or corporation violating any provisions of this section or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this section is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this section.

G. The violation of any of the provisions of this section shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. 1031, 12-21-1999)

Excepting existing rights that the city reserves to itself, or as otherwise provided in this chapter, persons to whom the city may issue a permit and the agents, servants and employees of any such person, while the permit is in effect, may be granted the exclusive right to gather, collect and remove solid waste, recyclables and/or green waste from premises within the city, subject to such terms and conditions as the Council may apply to the issuance of such permit.

(Ord. 990, 7-23-1996)

In emergencies, such as the breakdown of equipment, or other unforeseen or unpreventable circumstances, where in the judgment of the City Manager the particular situation justifies such action, the City Manager may issue limited or temporary permits to private persons or corporations to perform any of the services regulated by this chapter subject to such reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon; provided that such fees and charges received from or paid to any private persons or corporations under this section for any period exceeding twenty (20) days duration shall be approved by the City Council.

(Ord. 990, 7-23-1996)

All solid waste and green waste collection or salvage from residential areas and areas immediately adjacent to residential areas shall be made between the hours of 7:00 a.m. and 8:00 p.m., and collections from commercial and industrial locations may start at 5:00 a.m.; provided, however, that the peace and quiet of residential neighborhoods is not disrupted. The City Manager may require a permittee to change hours of operation in commercial and industrial areas if, in the City Manager's opinion, disruption of residential neighborhoods occurs. In the event that more than one (1) refuse collector and/or salvager is permitted to operate in the city, whether by area or premises, the City Manager may, in his or her discretion, require that all refuse collection and salvage activities take place on the same day of the week in the specified area in order to minimize the traffic in any given area.

(Ord. 990, 7-23-1996)

Permittees shall exercise all reasonable care and diligence in collection activities so as to prevent spilling, scattering or dropping solid waste, green waste and recyclable material, and shall immediately, at the time of occurrence, clean up any such spillage.

(Ord. 990, 7-23-1996)

It shall be the duty of every tenant, lessee or occupant of any residential unit or commercial premises, the keeper of every apartment house and of every other person having solid waste, green waste and/or recyclable material, to provide without expense to the city and at all times, except on collection day, to keep within the building, or other approved location, in which any of the same may be situated sufficient numbers of containers, of a type and size approved by the City Council, specifically designed for the containment of solid waste, green waste and/or recyclable material, each of which shall have suitable bales or handles and a tight-fitting cover which shall prevent leakage or escape of odors, and which, cumulatively when filled within four (4) inches of the top shall contain all solid waste, green waste and/or recyclable material which would ordinarily accumulate on such premises between collections. The exterior of such receptacles, including covers, shall be kept clean from accumulated grease or decomposing materials. Except when placed in accordance with § 8.28.120 hereof for collection purposes, such receptacles shall be kept and maintained only in storage locations permitted by the Brea Zoning Ordinance, as the same presently exists or as may be amended from time to time, or as specified by use permit or other entitlement for use.

(Ord. 990, 7-23-1996)

It shall be the duty of every person having charge and control of any residential unit or commercial premises to set out or place receptacles for the collection of refuse, rubbish, miscellaneous debris and combined rubbish and/or other solid waste, green waste and/or recyclables, as follows:

Any receptacle for the purpose of reception and removal of solid waste, green waste and/or recyclables shall be placed at the curb in front of the dwelling, or the alley in the rear of each dwelling; except where alleys having access to streets at each end, exist in the rear of such premises, and from such premises collections shall be made from such alleys, provided that the permittee may designate some other location for the placement of receptacles when such placement will expedite collection, as approved by the City Manager.

(Ord. 990, 7-23-1996)

A. No person shall place, or cause to be placed, any solid waste, green waste and/or recyclable receptacle therefor, in any public highway or in any place or in any manner other than herein-above provided, or at any time other than the days established by the city for the collection thereof on the particular route involved, earlier than sunset of the day preceding the day designated for collection, and all receptacles shall be removed from the place of collection prior to 10:00 p.m. of the day the receptacles have been emptied.

B. Each owner, occupant, tenant or lessee of a residential unit or commercial premises shall maintain the same in a sanitary condition. If the containers or receptacles should not be emptied and the contents removed on the date and time scheduled by the permittee, such person shall immediately notify the permittee or the city, and it shall be the duty of the permittee to forthwith arrange for the collection and disposal thereof.

C. Refuse, trash, rubbish, green waste, recyclables and other solid waste which exceeds the limitations hereinabove set forth may, in the discretion of the permittee, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the permittee for this service with prior approval from the above-mentioned occupant of the premises and subject to any requirements set forth in the permit.

D. No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the city or a permittee's agents or employees authorized for such purposes, shall tamper or meddle with any solid waste, green waste or recyclable material receptacle or the contents thereof, or remove the contents thereof, or remove any receptacle from the location where the same shall have been placed for collection.

(Ord. 990, 7-23-1996)

Pursuant to the requirements of the Cal. Administrative Code § 17331(H) of Article 5 of Chapter 3 of Division 7 of Title 14, all solid waste, green waste and recyclable material created, produced or accumulated in or about a residential unit or commercial premises in the city shall be removed at least once each week. No person who is the occupant of any of the above-described premises shall fail or neglect to provide for the removal of such material at least as often as prescribed in this § 8.28.140.

(Ord. 990, 7-23-1996)

The permittee shall dispose of collected wastes, at permittee's expense, at a city approved landfill or transfer station in a manner satisfactory to the city and in accordance with all federal, state and local laws and regulations.

(Ord. 990, 7-23-1996)

A. The removal of wearing apparel, bedding or other refuse from residential units or other places where highly infectious or contagious diseases have been present shall be performed under the supervision and direction of the County Health Officer and such refuse shall neither be placed in receptacles nor left for regular collection and disposal.

B. Highly flammable or explosive or radio-active refuse shall not be placed in receptacles for regular collection and disposal, but shall be removed under the supervision of the city at the expense of the owner or possessor of the material.

C. Refuse or other solid waste containing water or other liquids shall be drained before being placed in a container or receptacle. Matter which is subject to decomposition shall be wrapped in paper or other material before being placed in a container or receptacle.

D. No battery acid, poisonous, caustic or toxic material or any other substance capable of damaging clothing or causing injury to the person shall be mixed or placed with any rubbish, solid waste or other refuse which is to be collected, removed or disposed of by a permittee. Such items shall be removed at the occupant's expense only after arrangements have been made with the permittee or city for such removal.

E. Animal waste, as defined in § 8.28.020, shall not be placed in receptacles for regular collection and disposal, but shall be removed at the occupant's expense.

(Ord. 990, 7-23-1996)

No person shall burn, bury or dump refuse within the city at any time, unless a special permit for such burning, burial or dumping has been issued pursuant to authority conferred by the Council and the Fire Department.

(Ord. 990, 7-23-1996)

Refuse collectors and salvagers shall sell, give, donate or otherwise transfer recyclable material scavenged or salvaged to a recycling center, station or facility and all green waste shall be sold, given, donated or otherwise transferred to a composting center, station or facility or to a landfill authorized and permitted to accept green waste as and for refuse cover. In no event shall the refuse collector or salvager dispose of recyclable material or green waste in a landfill or solid waste collection facility except upon written approval of the City Manager.

(Ord. 990, 7-23-1996)

Any person who desires to operate privately owned vehicles for transportation of solid waste, hazardous waste, green waste and/or recyclable material under provisions of this chapter shall utilize vehicles which are reasonably watertight and are provided with a tight cover to the reasonable satisfaction of the City Manager. The City Manager shall require the permittee to remove from service or repair any vehicle that allows or permits offensive odors to escape and/or material to be blown, dropped or spilled therefrom.

(Ord. 990, 7-23-1996)

A. No person, between the hours of 8:00 p.m. and 5:00 a.m., shall leave a truck utilized pursuant to § 8.28.190 hereof parked on any city street.

B. No person, between the hours of 5:00 a.m. and 8:00 p.m., shall leave a truck utilized pursuant to § 8.28.190 hereof parked on any city street for more than one (1) hour unless the City Manager is notified that a breakdown or emergency exists.

(Ord. 990, 7-23-1996)

Each truck of a permittee shall at all times have in the cab thereof the registration of the truck, a copy of the permit, a certificate of insurance, and an identification card with the name of a person to telephone in case of an accident or emergency. Each truck shall also be equipped with a minimum five (5) pound fire extinguisher certified by the California State Fire Marshal and recharged as needed, but not less than once annually.

(Ord. 990, 7-23-1996)

All trucks used for solid waste collection or salvage within the city shall be required:

A. To be completely enclosed with a non-absorbent cover while transporting solid waste, green waste or recyclable materials in or through the city. “Completely enclosed with a nonabsorbent cover” means that refuse, trash or rubbish shall not be visible from the street, nor shall any of the substances be permitted to leak, spill or become deposited along the public streets;

B. All trucks used in the course of solid waste, green waste and/or recyclable material collection shall be painted in colors approved by the City Manager and identified by truck numerals, a company logo, and local telephone number and shall be kept clean and in good repair at all times.

C. All trucks shall be maintained in safe mechanical condition.

(Ord. 990, 7-23-1996)

A. Each of the permittee's trucks shall be made available for inspection at the discretion of the City Manager at any point of operation.

B. A decal may be issued by the city for each truck complying with provisions of this which shall be placed on the truck in a conspicuous place.

(Ord. 990, 7-23-1996)

Each permittee must maintain a local telephone number which shall be staffed for personal contact between 8:00 a.m. and 5:00 p.m. on normal working days, and at all other times with some type of mechanism for the purpose of taking messages.

(Ord. 990, 7-23-1996)

Each permittee must provide high-quality service to industry standards and supply competent, qualified, identifiable and uniformed personnel who serve the residents and businesses of Brea in a courteous, helpful and impartial manner.

A. The city may, at its option, require fingerprinting of the permittee's employees whose services will cause them to enter onto or work in close proximity to private property.

B. The permittee shall be required to hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other non-merit factor.

C. Any employee driving permittee's trucks shall at all times have in his or her possession a valid and appropriate vehicle operator's license issued by the state of California.

D. The permittee's employees shall be required to wear clean, identifiable uniforms when engaged in solid waste collection, green waste and/or salvage service within the city.

(Ord. 990, 7-23-1996)

A. Procedure and required information for rubbish collector permit. The applicant shall file a letter with the City Manager, executed under penalty of perjury of the laws of the state of California, containing the following information:

1. Name and description of the applicant;

2. Permanent business address and address of local office of the applicant;

3. Trade and firm name;

4. If a joint venture or a partnership or limited partnership, the names of all partners of the firm, and the names of the officers and their percentage or participation interest and their permanent addresses;

5. Facts indicating that the applicant has arranged for solid waste disposal in an area where the same may be legally accepted and disposed of as approved by the city;

6. Desired collection area to be served and type of service to be provided;

7. Facts indicating that applicant is qualified to render efficient refuse collection service;

8. Facts indicating that trucks and equipment conform to all applicable provisions of this chapter.

9. Satisfactory evidence that applicant is in existence as a going concern and that the principals thereof possess not less than two (2) years actual operating experience in residential and/or commercial refuse collection and disposal;

10. Satisfactory evidence that applicant's experience as a going concern in residential and/or commercial refuse collection and disposal derives from operations of comparable size to that contemplated by the applicant; details shall include length of other contracts, name and size of municipality, nature of service provided, and the name of the contact person at the municipality being served;

11. Evidence that applicant is in good standing in the state of California and, in the case of a corporation organized under the laws of any other state, evidence that applicant is licensed to do business in the state of California;

12. A detailed inventory of the applicant's equipment available for use in refuse collection area;

13. A written statement that applicant has complied, or is capable of complying, with all regulations imposed by the city, the county of Orange and the state of California for the collection and disposal of solid waste.

14. Facts indicating that the applicant owns or has under his or her control, in good mechanical condition, sufficient equipment to conduct the business of refuse collection adequately if granted a permit, and that applicant owns or has access to suitable facilities for maintaining his or her equipment in a safe, clean and sanitary condition.

15. Satisfactory evidence that the issuance of a permit is in the public interest and convenience in that there is an available market for refuse collection which can be legally served by the applicant.

16. Such other pertinent facts or information as the City Manager may require, including evidence of state certification, if applicable.

17. Any of the above provisions in conflict with certification requirements imposed by state law shall not be required.

B. Fees and requirements for permit.

1. Upon consideration of the information supplied by the applicant contained in the above-mentioned letter and following a public hearing conducted by the City Council upon at least ten (10) days prior written notice to the applicant, the City Council may issue a permit.

2. Each permit granted shall apply to refuse collection for an area of the city specified therein or, in the case of hazardous waste or bio-hazardous and/or medical waste operations, specified commercial premises, and may be exclusive.

3. A fee for processing permit applications shall be set by resolution of the City Council, with review on an annual basis.

C. Bonding of permittee. Before granting a refuse collector permit under the provisions of this chapter, the Council shall require the permittee as a condition of the permit, to post with the City Clerk a cash bond or surety bond in an amount determined by the Council and furnished by a corporate surety authorized to do business in the state of California, payable to the city. 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 and all renewals thereof.

D. Indemnification by permittee.

1. Indemnification of city. Permittee shall agree to protect, defend with counsel approved by the city, indemnify and hold harmless the city, its elected and appointed officials, officers, employees and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including attorneys fees, arising out of or resulting in any way from permittee's exercise of its responsibilities under this chapter unless such claim is due to the sole negligence or willful act of the city, its officers, employees, agents or contractors, including the city's grant of a permit to permittee. Subject to the scope of this indemnification and upon demand of the city, made by and through the City Attorney, the permittee shall appear in and defend the city and its officers, employees and agents in any claims or actions, whether judicial, administrative or otherwise arising out of the exercise of this chapter.

2. Hazardous materials indemnification. Permittee shall indemnify, defend with counsel approved by the city, protect and hold harmless the city, its elected and appointed officials, officers, employees, agents, assigns and any successor or successors to the city's interest from and against all claims, actual damages (including, but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, city or its officers, employees, agents or permittee arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where permittee stores or disposes of municipal solid waste pursuant to this chapter. The foregoing indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, “CERCLA”, 42 USC § 9607(e) and Cal. Health and Safety Code § 25364, to insure, protect, hold harmless and indemnify city from liability.

E. Liability insurance. The permittee shall obtain, and keep in force during the term of the permit, public liability and bodily injury insurance in amounts determined by the City Council, and workers' compensation insurance covering all employees of the permittee. Copies of such policies, or endorsements evidencing such policies, shall be filed with the City Clerk prior to the commencement of activities authorized by the permit. The city and its officers, elected officials, employees and agents shall be named as additional insureds on all such policies. All such policies shall contain at a minimum a provision requiring a thirty (30) day notice to be given to the city prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the Council.

F. Compliance with federal, state and local laws and regulations. The permittee shall agree to perform under the terms of the permit in such a manner so as to comply with all applicable local and state laws and regulations pertaining to the collection, storage and transportation of solid waste. The permittee shall also comply with all other ordinances and regulations of the city and applicable laws and regulations of the county of Orange, state of California and the United States, and shall obtain and keep in force all required permits and business licenses throughout the life of the permit and all renewals thereof.

(Ord. 990, 7-23-1996)

A. Procedure and required information for salvage operations. The applicant shall file a letter with the City Manager, executed under penalty of perjury of the laws of the state of California, containing the following information:

1. Name and description of the applicant;

2. Permanent business address and address of local office of the applicant;

3. Trade and firm name;

4. If a joint venture or a partnership or limited partnership, the names of all partners of the firm, and the names of the officers and their percentage or participation interest and their permanent addresses;

5. Facts indicating that the applicant has arranged for disposition of recyclable materials as required by this chapter;

6. Desired collection area to be served and type of service to be provided;

7. Facts indicating that applicant is qualified to render efficient salvage collection service;

8. Facts indicating that trucks and equipment conform to all applicable provisions of this chapter;

9. Satisfactory evidence that applicant is in existence as a going concern and that the principals thereof possess not less than two (2) years actual operating experience in salvage operations;

10. Satisfactory evidence that applicant's experience as a going concern in salvage operations derives from operations of comparable size to that contemplated by the applicant; details shall include length of other contracts, name and size of municipality, nature of service provided, and the name of the contact person at the municipality being served;

11. Evidence that applicant is in good standing in the state of California and, in the case of a corporation organized under the laws of any other state, evidence that applicant is licensed to do business in the state of California;

12. A detailed inventory of the applicant's equipment available for salvage operations;

13. A written statement that applicant has complied, or is capable of complying, with all regulations imposed by the city, the county of Orange and the state of California for salvage operations;

14. Facts indicating that the applicant owns or has under his or her control, in good mechanical condition, sufficient equipment to conduct the business of salvage adequately if granted a permit, and that applicant owns or has access to suitable facilities for maintaining his or her equipment in a safe, clean and sanitary condition.

15. Such other pertinent facts or information as the City Manager may require, including evidence of state certification, if applicable.

16. Any of the above provisions in conflict with certification requirements imposed by state law shall not be required.

B. Fees and requirements for permit.

1. Upon consideration of the information supplied by the applicant contained in the above-mentioned letter, and verification thereof, the City Manager shall issue a permit.

2. Each permit granted shall apply to salvage for an area of or premises within the city specified therein.

3. A fee for processing salvage permit applications shall be set by resolution of the City Council, with review on an annual basis.

C. Indemnification by permittee.

1. Indemnification of city. Permittee shall agree to protect, defend with counsel approved by city, indemnify and hold harmless the city, its elected and appointed officials, officers, employees and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including attorneys fees, arising out of or resulting in any way from permittee's exercise of its responsibilities under this chapter, unless such claim is due to the sole negligence or willful acts of the city, its officers, employees, agents or contractors, or from the city's grant of a permit to permittee. Subject to the scope of this indemnification and upon demand of the city, made by and through the City Attorney, the permittee shall appear in and defend the city and its officers, employees and agents in any claims or actions, whether judicial, administrative or otherwise arising out of the exercise of this chapter.

2. Hazardous substances indemnification. Permittee shall indemnify, defend with counsel approved by the city, protect and hold harmless the city, its elected and appointed officials, officers, employees, agents, assigns and any successor or successors to the city's interest from and against all claims, actual damages (including, but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against the city or its officers, employees, agents or permittee arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where permittee stores or disposes of municipal solid waste pursuant to this chapter. The foregoing indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, “CERCLA,” 42 USC § 9607(e) and Cal Health and Safety Code § 25364, to insure, protect, hold harmless and indemnify the city from liability.

D. Liability insurance. The permittee shall obtain, and keep in force during the term of the permit, public liability and bodily injury insurance in amounts determined by the City Council, and workers' compensation insurance covering all employees of the permittee. Copies of such policies, or endorsements evidencing such policies, shall be filed with the City Clerk prior to the commencement of activities authorized by the permit. The city and its officers, elected officials, employees and agents shall be named as additional insureds on all such policies. All such policies shall contain at a minimum a provision requiring a thirty (30) day notice to be given to the city prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the Council.

E. Compliance with federal, state and local laws and regulations. The permittee shall agree to perform under the terms of the permit in such a manner so as to comply with all applicable local and state laws and regulations pertaining to the collection, storage and transportation of solid waste. The permittee shall also comply with all other ordinances and regulations of the city and applicable laws and regulations of the county of Orange, state of California and the United States, and shall obtain and keep in force all required permits and business licenses throughout the life of the permit and all renewals thereof.

F. Fees and charges. Salvagers shall not be required to obtain city consent for the fees and charges imposed or otherwise agreed upon between such permittees and their customers.

(Ord. 990, 7-23-1996)

A. Fees. Any permit issued pursuant to this chapter shall provide for the payment of permit fees to the city, may contain additional provisions agreed to by and between the city and permittee, and shall constitute a written agreement of said parties.

B. Assignment or transfer of permit. No assignment or transfer of a permit issued pursuant to this chapter or any right accruing under such permit shall be made in whole or in part by the permittee without the express consent of the Council with regard to a refuse collector permit or the City Manager for a salvager permit. In the event any assignment or transfer is authorized hereunder, the assignee shall assume, without qualification, the liability and all other obligations of the permittee. Each permittee shall file, on or before July 1 of each calendar year, with the City Clerk, a statement of ownership and shall verify the same as being true and correct under penalty of perjury under the laws of the state of California.

C. Revocation.

1. A permit may be revoked at the option of the Council in the event there is a change of ownership of any kind or nature of the operating company, unless approval therefor has been obtained hereunder. If it is determined by the City Manager that permittee has not complied with the provisions of this chapter the permit, and all other applicable statutes, ordinances, rules and regulations, the City Manager shall notify the permittee in writing of noncompliance and shall order compliance within thirty (30) days.

2. If noncompliance is not corrected within the above-prescribed thirty (30) day period, the City Council, following a public hearing upon at least ten (10) days prior written notice to the permittee, may terminate the permit. The City Council's decision shall be final.

(Ord. 990, 7-23-1996)

A. Collection charge. A charge for the collection of solid waste, green waste and recyclables shall be imposed on the owner or occupant of each residential unit or commercial premises to which service is made available. The amount of such charge shall be fixed and changed from time to time and shall be collected at such time and in such manner as prescribed by the City Council. The charge so fixed shall be a civil debt due and owing to the city or permittee from the owner or occupant of the residential unit or commercial premises to which the service is made available. The City Council hereby specifically finds and determines that the periodic collection of solid waste, green waste and recyclables from all residential units and commercial premises benefits all occupants and residents of the city, provides for the health, safety and welfare of all persons in the city and, therefore, all such occupants or owners are liable for the payment of collection service provided for hereunder, whether or not any such owner or occupant avails himself or herself of such collection service.

B. Rate adjustments. All revisions in charges levied must be submitted to the City Council for review and action and must be approved by resolution of the City Council following a public hearing upon at least ten (10) days prior written notice to the permittee.

(Ord. 990, 7-23-1996)

Refuse collectors shall:

A. Provide an original and any replacement recyclable materials receptacle(s) to each customer. The receptacle(s) shall be a rigid plastic bin, container, or bucket or bag of sufficient strength to contain the recyclable materials and/or green waste, shall be approved by the City Council, and not cause health or safety hazards to customers or refuse collector personnel. The receptacle(s) shall be provided without charge and remain the refuse collector's property.

B. Collect recyclable material and/or green waste at least once a week, on the same day, and during the hours specified for regular solid waste collection. No alternate collection schedule is permitted unless approved in writing by the City Manager. Refuse collectors may collect the receptacles therefor in the same manner as regular solid waste collection.

C. Provide recyclable material and/or green waste collection services to each location within the area(s) that the refuse collector serves for regular solid waste collection. Such service shall be provided at nondiscriminatory rates approved by the City Council.

(Ord. 990, 7-23-1996)

Upon issuance of a permit hereunder, the permittee shall submit:

A. Annual reports. The permittee shall prepare and submit an annual report, using a tabular and/or graphic format, or other commonly used data base management program (e.g., LOTUS 1-2-3, Excel, etc.) as approved by the city, within sixty (60) days after the close of each calendar year. The report shall include, but is not limited to, the following information:

1. A summary of the previous year's (or, in the case of the initial report year, the initial year's) activities including, but not limited to, services begun or discontinued during the reporting year, and the number of customers for each class of service;

2. A report, in a form satisfactory to the city, on the city's progress in meeting and maintaining its ability to meet its goals under the Act as applied to the permittee's service area, along with any recommended changes.

3. A revenue statement, setting forth quarterly compliance fees, and the basis for the calculation thereof, certified for accuracy, under penalty of perjury under the laws of the state by an officer of the permittee.

B. Monthly reports. Permittee shall prepare monthly reports, using a tabular and/or graphic format or other commonly used data base management program (e.g., LOTUS 1-2-3, Excel, etc.) as approved by the city, during the term of the permit. Monthly reports shall be submitted to the city on a quarterly basis, within twenty (20) days from the end of the quarter. At a minimum, the reports shall include:

1. Summaries of tonnage collected and disposed of by generator type, disposal facility used and disposal fees paid.

2. Summaries of tonnage of recyclable material collected, by material, and green waste by route.

3. Summaries of tonnages of non-recyclables and contaminants disposed.

4. Summaries of tonnages, using an approved sampling methodology, of each material sold or otherwise exchanged for processing, by material type.

5. Average market prices for each material sold, and processing charges or acceptance fees for green waste or other applicable materials.

6. Participation rates for each route in terms of set out counts and average pounds collected per customer.

7. Description of progress in meeting the implementation schedule, including the problems encountered and how they were resolved.

8. Summaries of the number of service complaints by route, including the date, nature of complaint, and how it was resolved.

C. Ad hoc reports. Permittee shall provide up to six (6) reports of varying detail and format, as specifically requested by the city, to meet unforeseeable information queries of the California Integrated Waste Management Board, Orange County integrated Waste Management Task Force, or other public agencies.

(Ord. 990, 7-23-1996)

Permittee shall provide the city two (2) copies of all reports, or other material adversely affecting the permit, submitted by permittee to the EPA, the California Integrated Waste Management Board or any other federal or state agency. Copies shall be submitted to the city simultaneously with permittee's filing of such matters with said agencies. Permittee's routine correspondence to said agencies need not be automatically submitted to the city, but shall be made available to the city upon written request.

A. Permittee shall submit to the city copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by the permittee to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other govern-mental bodies relating specifically to permittee's performance of services pursuant to the permit. Any confidential data exempt from public disclosure shall be retained in confidence by the city and its authorized agents and shall not be made available for public inspection.

B. Permittee shall submit to the city such other information or reports in such forms and at such times as the city may reasonably request or require.

C. All reports and records required under this or any other section shall be furnished at the sole expense of the permittee.

D. A copy of each permittee's annual and other periodic public financial reports and those of its parent, subsidiary and affiliated corporations and other entities, as the city requests, shall be submitted to the city within thirty (30) days after receipt of a request.

(Ord. 990, 7-23-1996)

The refusal, failure or neglect of the permittee to file any of the reports required, or the inclusion of any materially false or misleading statement or representation made knowingly by the permittee in such report shall be deemed a material default under the permit, and shall subject the permittee to all remedies, legal or equitable, which are available to the city under the permit or otherwise.

(Ord. 990, 7-23-1996)

The permittee shall submit:

A. Annual reports. The permittee shall prepare and submit an annual report, using a tabular and/or graphic format, or other commonly used data base management program (e.g., LOTUS 1-2-3, Excel, etc.) as approved by the city, within sixty (60) days after the close of each calendar year. The report shall include, but is not limited to, the following information:

1. A summary of the previous year's (or, in the case of the initial report year, the initial year's) activities including, but not limited to, services begun or discontinued during the reporting year, and the number of customers serviced.

2. A revenue statement, setting forth quarterly compliance fees, and the basis for the calculation thereof, certified for accuracy under penalty of perjury under the laws of the state of California, by an officer of the permittee.

B. Monthly reports. Permittee shall prepare monthly reports, using a tabular and/or graphic format or other commonly used data base management program (e.g., LOTUS 1-2-3, Excel, etc.) as approved by the city, during the term of the permit. Monthly reports shall be submitted to the city on a quarterly basis, within twenty (20) days from the end of the quarter. At a minimum, the reports shall include:

1. Summaries of tonnage of recyclable material collected, by material, by route and by transferor, and disposition thereof.

2. Summaries of tonnages of non-recyclables and contaminants disposed, if any.

3. Average market prices for each recyclable material sold.

4. Summaries of the number of service complaints by route, including the date, nature of complaint, and how it was resolved.

C. Ad hoc reports. Permittee shall provide up to three (3) reports of varying detail and format, as specifically requested by the city, to meet unforeseeable information queries of the California Integrated Waste Management Board, Orange County Integrated Waste Management Task Force, or other public agencies.

D. Adverse information. Permittee shall provide the city two (2) copies of all reports, or other material adversely affecting the permit, submitted by permittee to the EPA, the California Integrated Waste Management Board or any other federal or state agency. Copies shall be submitted to the city simultaneously with permittee's filing of such matters with said agencies. Permittee's routine correspondence to said agencies need not be automatically submitted to the city, but shall be made available to the city upon written request.

1. Permittee shall submit to the city copies of all pleading, applications, notifications, communications and documents of any kind, submitted by the permittee to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other governmental bodies relating specifically to permittee's performance of services pursuant to the permit. Any confidential data exempt from public disclosure shall be retained in confidence by the city and its authorized agents and shall not be made available for public inspection.

2. Permittee shall submit to the city such other information or reports in such forms and at such times as the city may reasonably request or require.

3. All reports and records required under this or any other section shall be finished at the sole expense of the permittee.

4. A copy of each permittee's annual and other periodic public financial reports and those of its parent, subsidiary and affiliated corporations and other entities, as the City requests, shall be submitted to the city within thirty (30) days after receipt of a request.

E. Failure to report. The refusal, failure or neglect of the permittee to file any of the reports required, or the inclusion of any materially false or misleading statement or representation made knowingly by the permittee in such report shall be deemed a material default under the permit, and shall subject the permittee to all remedies, legal or equitable, which are available to the city under the permit or otherwise.

F. Notwithstanding the obligations imposed upon permittees by this § 8.28.340, it shall be the concurrent responsibility and obligation of the transferor to ensure that all data and reports required hereunder are timely prepared and submitted to the city.

(Ord. 990, 7-23-1996)

The city specifically retains the right to repeal, amend, add to, or modify each and every provision of this chapter.

(Ord. 990, 7-23-1996)