Butte County Municipal Code § 31-39 Termination of service

Footnotes:

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Editor's note— Section 3 of Ord. No. 4019, adopted April 13, 2010, renamed Art. IV, Solid Waste Collector Licensee Requirements, to read as herein set out.

Solid waste collector licensees shall procure, and maintain for the duration of their license, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the licensee, and the licensee's agents, representatives, employees and subcontractors.

(a) Minimum Limits of Insurance. The licensee shall maintain limits no less than:

(1) General Liability. Five million dollars ($5,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage.

(2) Automobile Liability. Five million dollars ($5,000,000.00) combined single limit per accident for bodily injury and property damage.

(3) Workers' Compensation and Employer's Liability. Workers' compensation and employer's liability coverage limits as required by the Labor Code of the State of California.

(4) Pollution (Environmental Impairment) Liability Insurance. Five million dollars ($5,000,000) per occurrence covering claims for on-site, under-site, or off-site bodily injury and property damage as a result of pollution conditions arising out of its operations.

(b) Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared on certificates of insurance and approved by the County. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials, employees and volunteers; or the licensee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

(c) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:

(1) General Liability and Automobile Liability Coverages.

a. The County, its officers, officials, employees and volunteers shall be covered as insured as respects: liability arising out of activities performed by or on behalf of the licensee, including the insured's general supervision of the licensee; products and completed operations of the licensee; premises owned, leased, hired or borrowed by the licensee. The coverage shall contain no special limitations on the scope of protection afforded to the County, its officers, officials, employees or volunteers.

b. The licensee's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees or volunteers shall be excess of the licensee's insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County, its officers, officials, employees or volunteers.

d. The licensee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

(2) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the County by certified mail, return receipt requested.

(d) Acceptability of Insurers. Insurance is to be placed with insurers licensed to conduct business in the State of California and who have a Best's rating of no less than B: VII. If the insurer is not licensed to conduct business in the State of California, the insurer shall have a Best's rating of no less than A: VII.

(e) Verification of Coverage. Licensee shall furnish the LEA with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the LEA before a license is granted. The LEA reserves the right to require complete, certified copies of all required insurance policies, at any time.

(f) Subcontractors. Licensees shall include all subcontractors as insured under its policies or require all subcontractors to be insured under their own policies and to furnish LEA separate certificates and endorsements. All coverages for subcontractors shall be subject to all the requirements stated herein.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4088, § 43, 11-4-14)

The licensee shall submit a performance bond or some other security device acceptable to the County in the amount of two hundred fifty thousand dollars ($250,000.00), which bond or security device shall be for the benefit of the public to assure compliance with this chapter as well as performance of services that have been collected for. Performance bonds submitted in order to comply with the provisions of this section shall be maintained by the licensee during the entire period that the license is in force and shall contain a provision that the bond will not be canceled without thirty (30) days' written notice to the LEA. Upon cancellation of said bond, the license shall automatically terminate.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4088, § 44, 11-4-14)

Editor's note— Ord. No. 4088, § 44, adopted November 4, 2014, amended the title of § 31-31 to read as set out herein. Previously § 31-31 was titled recovery of incurred costs.

The licensee shall indemnify and hold harmless the County, its officers, agents and employees, for and from any and all loss, liability, claim, demand, action or suit, of any and every kind and description, arising or resulting from or in any way connected with any operations of licensee or its subcontractors in exercising any privilege granted to it by the license or by any ordinance of the County, or arising or resulting from the failure of licensee or its subcontractors to comply in all respects with the provisions and requirements of the license, of all applicable ordinances of the County and of all other applicable laws. Licensees shall, upon demand of the County and at its sole cost and expense, defend and provide attorneys to defend county, its officers, agents and employees against any and all claims, actions or suits brought against the county, its officers, agents and employees, arising or resulting from or any way connected with the above mentioned operations of licensee or its subcontractors or its subcontractor's failure to comply with the contract and with the ordinances and laws hereinabove mentioned. If the county is required to provide its own defense against any such action or suit, licensee will reimburse the county for all attorney's fees and other costs incurred by the county.

(Ord. No. 3336, § 2, 5-27-97)

In order to guarantee the faithful performance by the licensee of the terms of this license as defined in this chapter, the licensee agrees that the LEA or SWM may contract for the performance of any corrective work necessitated by the failure of the licensee to comply with any terms of this chapter. The licensee shall reimburse the county for all costs incurred by the county in the performance of such corrective work and for all costs incurred in convening the solid waste hearing panel. If licensee fails to pay all such costs incurred by county, such costs shall be payable out of the indemnity bond.

(Ord. No. 3336, § 2, 5-27-97)

Editor's note— Ord. No. 4088, § 45, adopted November 4, 2014, repealed § 31-34, in its entirety. Former § 31-34 pertained to heirs, successors, etc. and was derived from Ord. No. 3336, § 2, Adopted May 27, 1997.

The licensed hauler shall comply with the following minimum performance standards as a condition of obtaining, maintaining, or renewing its license:

A. Licensee shall implement programs to divert from disposal a minimum of twenty-five (25) percent of the solid waste it collects annually. The licensed hauler shall submit an annual compliance report certifying that it has met the minimum diversion requirement programs and the amount and type of solid waste that the licensed hauler diverted from disposal in that prior year. The Board may review and/or change the minimum solid waste diversion percentages annually. The Board may also stipulate diversion requirements in franchise agreements. The solid waste diversion percentage will be calculated by applying the following formulas:

1. Total Solid Waste Generation = Solid Waste Disposed (tons) + Solid Waste, including Recyclable Materials and Organic Waste, diverted from disposal/Recycled (tons).

2. Solid Waste Diversion Percentage = Solid Waste, including Recyclable Materials and Organic Waste, diverted from Disposal/Recycled (tons) divided by Total Solid Waste Generated (tons).

B. Reporting. At a minimum, each licensed hauler shall prepare and submit quarterly recycling reports, due by the thirtieth day following the end of the previous quarter (for example, April 30 for the quarter January—March), on a form approved by the county SWM. Said reports shall include the weight (by type) of waste collected and the weight (by type) of materials recycled for each jurisdiction (city, town, county).

C. Collection Requirements. Each licensed hauler shall conform to the following conditions:

1. Residential Collection Services. Every licensed hauler shall provide weekly solid waste and organic waste collection service, and no less than bi-weekly collection of recyclables, to all residential premises located in a mandatory service area and/or recycling zone unless otherwise authorized by the County.

2. Commercial Collection Services. Every licensed hauler shall provide weekly solid waste and organic waste collection service, and no less than bi-weekly collection of recyclables, to all commercial premises located in a mandatory service area and/or recycling zone unless otherwise authorized by the County.

3. Services in Non-mandatory Service Areas. Licensed haulers shall provide solid waste, organic waste and/or collection of recyclables to residential and commercial premises in non-mandatory service areas as required by their franchise agreement.

4. Non-Service Roads. Every licensed hauler may, but is not obligated to, provide such collection of solid wastes set out for collection along non-service roads, and may, in such event, require the residential customer to sign a waiver of damage liability or indemnification or both in a form approved by the county. Every licensed hauler will use reasonable efforts to reach agreement with persons owning or occupying real property along non-service roads, including said person's setting solid waste out for collection at a mutually acceptable location or paying extra charges.

5. Variable Collection Rates. Licensed haulers shall offer variable collection rates to customers based on size of refuse container to provide an incentive to participate in recycling programs. Collection rates are established by a Rate Setting Methodology as part of the County's Franchise Agreements with licensed haulers.

6. Collection Frequency and Time. The frequency of collection shall be as specified in subsections C.l.4. No licensed hauler shall collect solid wastes or recyclable materials within five hundred (500) feet of an area zoned for residential use earlier than 5:30 a.m. no later than 8:00 p.m., or on Sundays, except in emergencies or with the approval of the LEA.

7. Changed Schedule. The licensed hauler shall provide customers with advance written notice of changes in customer's scheduled day of regular collection or other service or billing changes in customer's collection services bill immediately preceding that change or by separate notice sent by first class mail thirty (30) days in advance of the change.

8. Delivery. Within seven (7) days of receiving a customer's oral or written request for services, following execution of a subscription order, the licensed hauler shall provide and deliver, without charge to the customer, the customer's choice of the licensed hauler's containers, unless the customer has his or her own containers acceptable to the licensed hauler.

9. Termination of Service. Upon oral or written direction of any customer, every licensed hauler will cease providing service promptly or at any other time specified by that customer, without penalty.

10. Container Pick Up. On a customer's next regularly scheduled collection day, after receiving oral or written direction from that customer to discontinue services, but no later than seven (7) days thereafter, the licensed hauler will pick up and remove, without charge, licensed hauler's containers.

11. Exchange. Upon oral or written direction to the licensed hauler, the customer may exchange without charge licensed hauler's containers for different sizes, add extra licensed hauler's containers or reduce the number of licensed hauler's containers. The licensed hauler will exchange, deliver or remove licensed hauler's containers in accordance with the customer's request no later than that customer's next regularly scheduled collection day following receipt of that request but no later than five (5) days thereafter.

12. Push Services. At the request of any residential customer who provides a letter from a medical doctor or doctors attesting that no one residing in the residence has the physical ability to bring containers to the place of collection, the licensed hauler will provide push services without additional charge to the customer. At the request of any other customer, the licensed hauler will provide push services, and may bill that customer extra for those services. At least annually, the licensed hauler shall provide customers with notice of available push services and charges for those services. County will review and approve fees for this service.

13. Service Standards.

a. General. The licensed hauler will perform all services in a prompt, thorough, reliable, courteous and professional manner consistent with municipal solid waste collection industry standards so that customers receive high-quality service at all times, subject to the exceptions set forth in subsection C.14., Service Exceptions, below and uncontrollable circumstances. If uncontrollable circumstances preclude the licensed hauler's timely performing services, the licensed hauler will resume services on the first scheduled regular collection day following cessation of those uncontrollable circumstances, including collection of solid waste accumulated during the continuance of those uncontrollable circumstances.

b. Litter. The licensed hauler will use due care to prevent solid waste from being: (1) spilled or scattered during collection and transportation, including during removal and dumping of containers' contents into the collection vehicle, and (2) tracked onto any alley, street, road or highway by vehicles. The licensed hauler will not transfer loads from one (1) vehicle to another on any alley, street, road or highway unless necessitated by mechanical failure or accidental damage to a vehicle. The licensed hauler will immediately clean up any solid waste that it spills or scatters. Each collection vehicle will carry a broom and shovel at all times for this purpose. If the licensed hauler fails to clean up that solid waste within twenty-four (24) hours' oral or written notice by county, county may clean up or cause to be cleaned up that solid waste and licensed hauler shall reimburse county for county's clean-up costs. The licensed hauler is responsible for paying any fees, surcharges or other levies for improperly covering loads charged by the operator of any solid waste facility or other entity.

c. Respect for Property.

(1) Fixtures and Personality. The licensed hauler's employees shall use due care in entering and exiting customers' property or enclosures and shall use paved walks, driveways or surfaces where practicable.

(2) Containers. The licensed hauler will handle containers with due care. The licensed hauler will return containers to within five (5) feet of the location from which the licensed hauler picked them up, in an upright position, with lids properly and fully secured. The licensed hauler will not place containers where they will obstruct any passable driveway, sidewalk, street or highway.

(3) Missed Collection. The licensed hauler will provide a special pickup or other corrective action acceptable to a customer within twenty-four (24) hours (Saturdays, Sundays and holidays accepted) of oral or written notice to the licensed hauler of a missed scheduled collection at no charge to the customer. Licensee shall be allowed to charge a return trip fee if the licensee documents that the customer's container was not set out at the normal service time. If the licensed hauler does not timely provide that special collection, county may perform the collection or cause the collection to be performed by a third party, and the licensed hauler shall reimburse county for its costs for such collection. Licensee shall maintain a list of all missed collections and documented corrective action.

14. Service Exceptions. The licensed hauler need not collect solid waste upon the occurrence of the events or in the circumstances described in this subsection. In these events or circumstances, other than nonpayment, licensed hauler will complete and leave a non-collection notice securely attached to the container it does not collect, describing at a minimum the date and time given, the address of the premises, the reason for the non-collection, and the manner in which materials should be prepared for collection.

a. Waste Not Properly Placed in Containers. The licensed hauler need not collect any solid waste, including recyclable materials, placed outside a container.

b. Overweight Containers. The licensed hauler need not manually collect customer containers that are cans which cannot be dumped mechanically and which, together with the contents of those containers, weigh more than fifty-five (55) pounds. The licensed hauler need not collect bin or roll off containers, which together with the vehicle, exceed the legal weight limit for vehicles under applicable law. The licensed hauler will first notify customer, by tag attached to the container or other means, that customer must remove solid waste to reduce the weight of those containers to legal limits. Thereafter, the licensed hauler may remove that solid waste from the licensed hauler's containers and charge customer a specified fee, as listed in the licensed hauler's rates, a copy of which must be supplied to the customer at or before the time of container delivery.

c. Container Placed Along Non-Service Road. The licensed hauler need not collect any container placed along any non-service road, unless the licensed hauler has reached agreement with the customer who has set the container out for collection and the customer is in compliance with the terms of the agreement.

d. Unsafe Condition. The licensed hauler need not collect containers if the licensed hauler determines that any condition at or near those containers presents a health or safety threat to the licensed hauler's employees. The licensed hauler will promptly notify the affected customer of those threats. The licensed hauler may discontinue collection for that customer until customer eliminates those threats.

e. Hazardous Waste or Unsafe Materials. The licensed hauler need not collect containers if the licensed hauler has reason to believe they contain hazardous waste, materials not accepted at the designated solid waste facility or facilities, or other materials that present a health or safety threat to the licensed hauler's employees. The licensed hauler will promptly notify the customer that the container contains such waste or materials and shall provide that customer with written information about the proper methods for handling and disposal thereof. If the hazardous waste or other materials could cause imminent danger to persons or property, the licensed hauler will immediately report the matter to the Fire Department which has jurisdiction.

f. Nonpayment. The licensed hauler need not collect containers, and may repossess the licensed hauler's containers, if customer does not pay its bill by the last day of a billing period.

15. Customers' Bill of Rights. Before commencing services, the licensed hauler will provide all customers with a written subscription order, including the applicable service rates, pick up location, pick up day, and a description of customers' rights, in a form approved by the county SWM.

D. Collection Equipment Standards.

1. Recycling bins may be either open or closed containers. Open containers shall not become a public nuisance, as determined by the LEA, and shall be of a proper size to accommodate seven (7) days' accumulation of recyclable materials.

2. Solid waste equipment and vehicles shall only be parked or stored at a site approved by the LEA, in compliance with all applicable zoning regulations and at such location as not to cause a nuisance to either neighbors or the general public.

3. All containers used for the collection, transportation, or storage of solid wastes or recyclable materials, including wet or liquid-producing materials or materials composed of fine particles, by any person, shall be nonabsorbent, leak-resistant, watertight, durable, easily cleaned and designed for safe handling, and constructed with tight-fitting lids and otherwise to prevent the harborage and propagation of insects, rodents and odors and to prevent loss of solid waste or recyclable materials from the containers during collection and transportation. All containers shall be maintained in good condition and cleaned on a frequency and in a manner so as to prevent the propagation or attraction of flies, rodents or other vectors and the creation of nuisances. Such cleaning shall be performed by the licensed hauler or by the customer, if so provided in the applicable service contract. All containers shall be clearly marked on each side with the name and telephone number of the licensed hauler.

4. Every collection vehicle used by the licensed hauler for collecting and disposing of solid waste shall be designed and/or suitable for the collection of solid waste and shall comply with the provisions of all applicable laws, including this chapter. All such vehicles shall be kept painted on the exterior, shall be maintained in good, safe and clean condition. There shall be displayed on each side of each vehicle the licensed hauler's business name, telephone number, the vehicle number and the words "County License No. _______," in letters not less than four (4) nor more than twelve (12) inches in height. The LEA may suspend any collection vehicle from operating if the collection vehicle does not meet the safety and health requirements identified under the Vehicle Code, the Health and Safety Code, and this chapter.

5. Solid waste shall be loaded on vehicles so that none of it falls, drops, or spills upon the ground, and it should be protected from wind and rain. A shovel, broom, and fire extinguisher shall be kept on each vehicle at all times.

6. The licensed hauler shall provide written notice and a description of newly acquired solid waste collection vehicles (including make, model and identification number) to the LEA within fourteen (14) days after acquisition of the vehicle.

7. The LEA shall inspect all solid waste collection vehicles and transfer bins at the time license application is filed and shall inspect all collection vehicles including newly acquired collection vehicles at a minimum of once per year thereafter. Requests for annual inspection shall be made by the LEA two (2) weeks in advance.

8. Residential and commercial recycling containers shall include an imprint or decal listing the recyclable materials that are accepted in the curbside recycling program. Such decals shall be replaced as needed to provide that the information is legible.

E. Separation of Recyclable Materials. The licensed hauler will not segregate, separate or remove any recyclable materials from solid waste, unless approved by county in county's sole discretion.

F. Maintenance of Storage Containers by Licensed Hauler. Where the licensed hauler furnishes reusable storage containers for solid waste, the licensed hauler is responsible for maintaining the containers in good condition, ordinary wear and tear excepted. The licensed hauler and the customer shall agree to the size and frequency of collection from storage containers provided for or by the licensed hauler.

G. Disposal of Wastes.

1. Licensed haulers shall deliver all solid waste they collect to a solid waste facility or facilities in Butte County owned by the county and designated by county's SWM. Except that licensed haulers may deliver commingled recyclable material and construction and demolition material to a recycling facility associated with a county approved recycling program, provided that residual solid waste may be required to be delivered to a solid waste facility or facilities in Butte County owned by the county and designated by county's SWM. Provided, however, licensed haulers may deliver solid waste they collect to a solid waste facility located in another state of the United States outside the State of California that is in full compliance with the laws and regulations applicable to that facility.

2. It shall be illegal for a licensed hauler to dispose of solid waste at an unpermitted illegal disposal site. A violation, upon conviction, shall be punishable by a ten thousand dollar ($10,000.00) fine and shall be grounds for immediate revocation of the license. Each day of violation shall be counted as a separate offense.

3. The licensed hauler will observe and comply with all regulations applicable to the licensed hauler in effect and posted at the designated solid waste facility or facilities or otherwise provided to the licensed hauler and will coordinate deliveries with the schedule of the solid waste facility or facilities. The licensed hauler will at all times deliver and discharge materials and exit in accordance with standard disposal facility practices.

H. No Discrimination. The licensed hauler shall not discriminate against customers entitled to solid waste collection on account of race, color, national origin, ancestry, religion, sex, age, sexual orientation, marital status, physical handicap or medical condition, place of residence within the county, or as otherwise prohibited by and in accordance with applicable law.

I. Commingling of Solid Waste. The licensed hauler may commingle solid waste collected in the incorporated areas of the county with solid waste collected in the unincorporated area of the county, provided that licensed hauler can provide to the SWM a method that will document accurately the amount of waste collected in the unincorporated area.

J. Customer Service.

1. The licensed hauler will maintain a local telephone number, toll free to customers, at least during office hours. The licensed hauler will list that telephone number under the licensed hauler's name in county telephone directories (white pages and yellow pages) and print it on customers' bills. The licensed hauler will provide an answering machine or answering service to take reports of missed pick-ups and other complaints which are received outside of office hours.

2. The licensed hauler will train its customer service representatives. The licensed hauler will authorize customer service representatives to resolve complaints and disputes or to have immediate access by phone or in person to someone authorized to do so.

3. The licensee shall maintain a record of all complaints received by mail, by telephone, by email, or in person for a period of three (3) years. The licensee shall identify the date, name, address, the contact information of the customer making the complaint, the nature of the complaint and the action taken by the licensee to resolve the complaint. The licensee shall initially respond to the customer within one (1) business day and shall use reasonable efforts to resolve all customer complaints within two (2) business days. Records of all complaints shall be available to the County's officers upon request.

4. Customer service representatives shall inform all new residential and commercial customers inside the recycling zones of the curbside recycling program. A pamphlet explaining the program and acceptable recyclable materials shall be provided to the customer at time of subscribing to trash service.

5. At least once per year, information about the licensed hauler's recycling programs shall be distributed to residential and commercial customers inside the recycling zone areas. Information shall include, at a minimum, available recycling programs, acceptable materials collected by the recycling programs, variable can rates, and disposal options for wastes not acceptable for disposal at the Neal Road Recycling & Waste Facility. Licensed hauler shall submit its educational and promotional material to the SWM for review prior to distribution.

(Ord. No. 3844, § 14, 2-11-03: Ord. No. 3336, § 2, 5-27-97; Ord. No. 3856, § 1, 7-22-03; Ord. No. 3859, § 1, 8-26-03; Ord. No. 3969, § 2 (part), 8-28-07)

(Ord. No. 4019, § 3, 4-13-10; Ord. No. 4046, § 2, 6-26-12; Ord. No. 4047, § 1, 8-14-12; Ord. No. 4088, § 46, 11-4-14; Ord. No. 4114, § 4, 5-24-16; Ord. No. 4217, § 22, 5-10-22)

Every licensee shall maintain a business office, located within the county, and open to the general public during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, holidays excepted, which shall be staffed with at least one (1) employee to respond to customer questions and complaints submitted either in person or by telephone.

In lieu of maintaining a business office, the licensee may place in operation a telephone answering service, operational between 8:00 am and 5:00 pm, Monday through Friday, holidays excepted, to note customer questions and complaints. All inquiries shall be responded to within twenty-four (24) hours of receipt. Failure to respond to customer complaints shall result in a hearing before the SWHP, and shall be grounds for revocation of the license.

(Ord. No. 3336, § 2, 5-27-97)

Each licensee shall place and maintain on the outside of all licensee's owned commercial containers of one (1) cubic yard capacity or larger, in legible letters and numerals, not less than two (2) inches in height, the licensee's firm name and telephone number. Every licensee shall at all times keep such containers and lids in good repair and maintained in a clean and sanitary condition to the satisfaction of the LEA.

(Ord. No. 3336, § 2, 5-27-97)

A licensee may deny pickup of solid waste or recyclable materials if:

(a) Solid waste containers contain hazardous wastes; or

(b) Solid waste containers contain human waste and other potentially infectious materials, inerts (rocks, sod, concrete, bricks, asphalt and similar solid material) plaster, dirt and class I (toxic) chemicals as listed in CCR Title 23; or

(c) A manually collected solid waste container together with its contents weighs in excess of fifty-five (55) pounds; or

(d) Recyclable materials contain solid waste or other non-recyclable materials; or

(e) Recyclable materials are placed in a container that is incompatible with the licensee's approved method to handle recyclable materials; or

(f) Containers are not loaded properly, or are not placed for safe handling and pickup.

In such cases where the licensee denies service to a customer, the licensee shall leave a notice attached to the rejected unit that describes the reason(s) for nonservice.

(Ord. No. 3336, § 2, 5-27-97)

(a) Storage and equipment yards used by licensed solid waste collectors shall be kept clean and free of debris and stored waste. Recyclables shall be stored in approved storage bins. Out-of-service vehicles shall be stored away from normal work areas and out of public sight.

(b) Storage and equipment yards shall be used only for items and materials which apply directly to solid waste collection and recycling and shall not be used for the keeping of livestock or other unrelated businesses.

(c) Storage and equipment yards shall be kept in a safe and healthful manner, free of litter and debris and shall not become a public nuisance.

(Ord. No. 3336, § 2, 5-27-97)

When a licensee chooses to permanently terminate solid waste collection services to any or all customers for any reason, other than nonpayment for services, or when any person who does not have a current, valid license is notified by the LEA in writing to terminate solid waste collector services, such licensee or person shall issue a written notice to such customer(s) no less than thirty (30) days prior to termination of service in accordance with the procedures specified in Section 31-24.3(b).

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4088, § 47, 11-4-14)

Each licensee may charge solid waste and recyclable materials collection and/or processing rates for services rendered. All collection rates shall be approved by the County.

(Ord. No. 3336, § 2, 5-27-97; Ord. No. 3969, § 3 (part), 8-28-07)

(Ord. No. 4088, § 48, 11-4-14)

Editor's note— Ord. No. 4088, § 49, adopted November 4, 2014, repealed § 31-39.2, in its entirety. Former § 31-39.2 pertained to licensee compensation for recycling and was derived from Ord. No. 3336, § 2, adopted May 27, 1997 and Ord. No. 3969, §§ 2 (part), 3 (part), adopted August 28, 2007.

Each licensee shall provide the solid waste manager or his or her designee with copies of a quarterly recycling report. The report shall be due on the thirtieth (30 th ) day of each April, July, October, and January, for the previous quarter. The quarterly recycling report shall include all of the following information:

(a) Identification of licensee and the time period covered by the report;

(b) Summary of all recyclable and organic waste materials collected, processed, and delivered to end market or intermediate processor. The summary is to separately provide the weights, volumes, and or numbers of each type of recyclable material and organic waste materials, i.e. food waste and green waste.

(c) An estimate of the percentage of accounts participating in, or paying for, the recycling collection programs and the basis for the estimate. The percentage (%) number of accounts that participate in the recycling collection programs shall be determined as follows:

(1) % = number of accounts participating × 100

total number of accounts served

If licensee delivers recyclable and/or organic waste materials to be processed through a materials recovery facility or organic waste processing facility, then licensee shall report to the best of its ability the number of residential and commercial accounts, or estimated percentage of customers' waste stream, that is delivered to the materials recovery facility or organic waste processing facility.

(d) An estimate of the total percentage of the waste stream being diverted through the recycling collection program or materials recovery facility and the basis for the estimate. The estimated total percentage (%) of the waste stream being diverted through the recycling collection program shall be determined as follows, in accord with Section 31-35(A):

(1) Total waste generation = waste disposed (total tons) + materials recycled (total tons)

(2) Waste Diversion % = Materials recycled (total tons) × 100 total waste generated (total tons)."

(e) Each licensee shall provide information on organic waste recycling efforts to comply with AB 1826. Information shall include efforts taken to educate customers that are not complying with collection requirements as prescribed by AB 1826 and shall provide documentation of follow-up activities with such customers. A list of outreach and education contacts for commercial and multi-family residential dwelling accounts shall be provided on Form BCSW-1826. Copies of educational materials provided to commercial and multi-family residential accounts regarding organic waste recycling shall be included in the quarterly report.

(Ord. No. 3336, § 2, 5-27-97; Ord. No. 3969, § 3 (part), 8-28-07)

(Ord. No. 4046, § 3, 6-26-12; Ord. No. 4047, § 1, 8-14-12; Ord. No. 4088, § 50, 11-4-14; Ord. No. 4114, § 4, 5-24-16)

Failure of the licensee to submit the report as required, or licensee's failure to achieve current waste diversion requirement through recycling efforts, as defined in Section 31-35, performance standards, may result in license review and possible revocation of the license.

(Ord. No. 3336, § 2, 5-27-97; Ord. No. 3856, § 2, 7-22-03; Ord. No. 3969, § 3 (part), 8-28-07)

(Ord. No. 4088, § 51, 11-4-14)