Carpinteria Municipal Code Art. III Unscheduled Solid Waste Handling Services

A. All unscheduled residential and commercial solid waste handling services shall be provided by a solid waste service provider pursuant to a non-exclusive permit issued by the city that is consistent with the terms and conditions of this chapter and any applicable rules, regulations, and resolutions of the city.

B. The nonexclusive permit shall be granted on such terms and conditions as the city shall establish in its sole discretion.

C. A solid waste service provider authorized to provide regular solid waste services pursuant to this chapter shall be entitled to provide unscheduled solid waste services provided the solid waste service provider complies with all the terms and conditions of this section.

1. Applicants for a permit to provide unscheduled solid waste handling services shall file with the public works department a verified application in writing on a form furnished by the public works department which shall include the information set forth in subsection D below. The director may require additional information to be provided by the applicant as required by this chapter.

D. An applicant for a permit to provide unscheduled solid waste handling services shall provide the following information:

1. Full name;

2. Permanent home and business address;

3. Trade and firm name;

4. If operating as a joint venture, partnership, or limited partnership, the names of all joint ventures or general partners, their percentage of participation, and permanent addresses. If operating as a corporation, the names and permanent business addresses of all the directors and officers, and if a corporation with out-of-the-area headquarters, the name and permanent address of the local manager.

5. Facts showing applicant has arranged for the recycling of at least sixty-five percent of all waste collected. The applicant must also state which solid waste handling facilities will be used for waste collected under this permit;

6. The location of the authorized solid waste facility;

7. Facts showing that the applicant owns or has under his or her control, in good mechanical condition, sufficient equipment to adequately conduct unscheduled solid waste handling services.

E. Reserved.

F. Upon receipt of a completed application for a permit to provide unscheduled solid waste handling services, the director shall determine if the applicant meets all the requirements of this chapter and all applicable state and federal laws and regulations.

1. A decision to issue or not to issue the permit shall be made by the director within thirty days from the receipt of a complete application.

2. If the director determines that an applicant for unscheduled solid waste handling services does not meet the requirements of this chapter, or if the director recommends the suspension, amendment, or revocation of a permit pursuant to subsection F of this section, the applicant shall have the right to a hearing before the city council. A request for a hearing before the city council shall be made by the applicant in writing to the city clerk within fifteen calendar days after the period provided in subsection (E)(1) of this section has passed or within fifteen days after the date of notification of the proposed suspension, amendment, or revocation. Upon receipt of the written request for a hearing, the city clerk shall set the matter for a public hearing not more than sixty days following the receipt of the written request, and shall give written notice of the time, date, and place of the hearing to the applicant and the director. At the hearing, the applicant shall have the burden of proof to show that the applicant meets the requirements of this chapter and applicable state and federal laws and regulations, and that a permit for unscheduled solid waste collection should be issued. The proceedings before the city council shall be an informal administrative hearing, and the rules of evidence as generally applied in judicial proceedings shall not apply. The city council shall render its decision in writing within fifteen days after the close of the hearing. The decision of the city council shall be final.

G. The director shall notify the solid waste service provider approved to provide unscheduled solid waste handling services in writing of his or her decision to recommend to the city council the suspension, amendment, or revocation of a permit. Any permit may be suspended, amended, or revoked by the city council for cause, including, but not limited to, any or all of the following:

1. A violation of any term or condition of the permit;

2. Having obtained the permit by misrepresentation or failing to disclose fully all relevant facts;

3. A change in any condition that requires either a temporary or permanent modification, reduction, or elimination of the permitted unscheduled solid waste handling service to bring it into compliance with the requirements of this chapter;

4. A finding that the operations of the solid waste service provider providing unscheduled solid waste handling service pose a substantial threat to public health or the environment.

H. A person issued a permit pursuant to this section shall be required to pay a fee in an amount as may be determined by the city. The amount of the fee shall not exceed an amount reasonably necessary to recover the cost of administering this chapter or the cost of enforcing the provisions of this chapter or any rule or regulation promulgated pursuant to this chapter.

I. The term of a permit to provide unscheduled solid waste handling services shall be for a period up to five years from the date the permit is issued.

J. Upon the written request by a solid waste service provider providing unscheduled solid waste handling service prior to the expiration of a permit, such permit may be renewed by the director if the director finds from the facts that the solid waste service provider, during the period of the unexpired permit, has operated in conformity with the provisions of this chapter, all applicable laws, and the regulations of the public works department and that the solid waste service provider is capable of continuing operations in conformity with the provisions of this chapter, all applicable laws, and the regulations of the public works department. If the director does not renew the permit, the solid waste service provider shall have the right to a hearing pursuant to subsection (E)(2) of this section.

K. To satisfy the minimum requirement of recycling fifty percent of all collected waste, the permit holder shall deliver proof of compliance. This proof shall consist of an annual written summary and copies of related tipping fees receipts from the previous calendar year by March 31st, of the following year.

L. The minimum recycling requirement required by this chapter shall not apply to the following:

1. Any person engaged in the business of landscaping, gardening, or tree trimming;

2. Any person engaged in the business of removing and disposing of shrubbery, grass, tree trimmings, garage cleanouts, agricultural debris, or other nonputrescible solid waste, provided such persons haul less than one hundred tons per month;

3. Any person engaged in the business of disposing of hazardous waste or special waste, authorizing or licensed to engage in such business in the city or state of California;

4. Any person removing and disposing of shrubbery, grass, tree trimmings, garage cleanouts, agricultural debris, or other solid waste from any residential premises owned or occupied by the person;

5. Any person engaged in farming or agricultural operations which produce agricultural solid waste, or any person engaged in the business of servicing such operations;

6. Municipalities or public agencies;

7. A licensed building contractor hauling demolition and construction waste as an incidental part of a total service offered by that contractor.

M. A solid waste service provider providing unscheduled solid waste handling services shall comply with the requirements of this chapter at all times during the term of the permit.

(Ord. No. 665, § 2, 12-9-2013)

Unscheduled solid waste handling services shall be provided as follows:

A. Unscheduled solid waste handling services may not be used for the collection of putrescible solid waste, provided, however, that nothing in this section shall preclude a solid waste service provider pursuant to this chapter from providing unscheduled service for the collection of green waste where that service is provided in strict compliance with Title 14 of the California Code of Regulations, Section 17331 (or its successor statute), pertaining to state minimum standards governing the frequency of removal of putrescible solid waste from residential or commercial premises. It is the responsibility of the solid waste service provider to insure that the requirements of this subsection are adhered to by a responsible party.

B. Unscheduled solid waste handling services, including the use of solid waste compactors, shall not be used as a substitute for, or in lieu of, regular solid waste handling services. The public works department may develop an enforcement program consisting of regulations necessary to implement this subsection.

C. Unscheduled solid waste service providers are required to divert a minimum of fifty percent of all solid waste collected from landfills.

(Ord. No. 665, § 2, 12-9-2013)

An unscheduled solid waste service provider may be required to post a bond in an amount established by the director and as set forth in any applicable permit created for unscheduled solid waste collection services.

(Ord. No. 665, § 2, 12-9-2013)

An unscheduled solid waste service provider shall be required to indemnify the city in the same manner as described in Section 8.08.220.

(Ord. No. 665, § 2, 12-9-2013)

An unscheduled solid waste service provider may be required by the director to meet the same or similar insurance requirements described in Section 8.08.230 of this chapter.

(Ord. No. 665, § 2, 12-9-2013)

The accounting of an unscheduled solid waste service provider shall be conducted as an independent entity, and the assets, liabilities, revenues, expenses, and net worth shall not be combined, consolidated, or in any way incorporated with those of any other operation. An unscheduled solid waste service provider may be required to provide to the public works department an annual notarized statement of the solid waste service provider's manager, treasurer, or other responsible officer of the solid waste service provider, showing in detail the gross revenues, number and location of customers arising from the operations pursuant to the unscheduled solid waste service provider's permit for the previous year. Other data such as related weight tickets will also be required in order to prove compliance with the sixty-five percent recycling requirement dictated by this chapter unless an alternative is agreed upon in writing by the director. Nothing in this section shall be construed to require an unscheduled solid waste service provider to establish a separate legal business entity in order to comply with the accounting requirements of this section.

(Ord. No. 665, § 2, 12-9-2013)

All containers used for the provision of unscheduled solid waste handling services shall be leak-proof and transported in a manner that will prevent spilling, leaking, dropping, or blowing of any solid waste upon the public right-of-way during collection and transportation. All containers shall be marked pursuant to the safety standards as established by ANSI (American National Standard Institute) for containers that are placed in public access areas as such standards may be amended time to time.

(Ord. No. 665, § 2, 12-9-2013)

All containers used for the provision of unscheduled solid waste handling services shall be maintained in a clean and sanitary condition, neatly and uniformly painted and cleaned as frequently as necessary to protect public health. The outside of all such containers shall be kept free from solid waste at all times.

(Ord. No. 665, § 2, 12-9-2013)

All containers used for the provision of unscheduled solid waste handling services shall have the solid waste service provider's owner's name, telephone number, and bin number printed on each side of the container in letters and numbers not less than three inches high in colors that contrast with the background.

(Ord. No. 665, § 2, 12-9-2013)

Prior to placing any container in the public right-of-way, an unscheduled solid waste service providers shall first obtain an encroachment permit from the public works department.

(Ord. No. 665, § 2, 12-9-2013)