Chino Hills Municipal Code Art. III Fees, Franchises, Permits, and Licenses

A. Pursuant to Title 30, Part 3, Chapter 8 of the Public Resources Code, Sections 41900 et seq., the City may levy fees upon contractors and premises for solid and household hazardous wastes, recyclable, or organic materials planning, collection, inspection, auditing, transfer, and disposal, and the planning for and response to hazardous materials releases and spills. Such fees may include charges for the use of disposal facilities, and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The City may determine to collect all or part of such charges on the tax roll, whether or not delinquent or by such other means as the Council may elect.

B. City Council may by resolution, waive permit fees for recyclers and collectors of organic materials.

(Ord. 92-15 § 16.03.000; Ord. No. 377, § 3(Exh. A), 11-23-2021)

A. The City Council may award one (1) or more franchises, permits, or licenses for collection of solid wastes, recyclables, and/or organic materials from all or a portion of residential, multifamily, and/or commercial premises (including governmental operations) in the City. Any such franchise, permit, or license shall be granted by the City Council by resolution, upon a determination that the public health, safety, and well-being so require.

B. The franchise, permit, or license shall be granted on such terms and conditions as the City Council shall establish in its sole discretion. At a minimum, the franchise, permit, or license shall provide:

1. The franchisee, permittee or licensee shall comply with the provisions of this chapter; and

2. The franchisee, permittee, or licensee shall be required to protect, defend, indemnify, and hold the City harmless from any liability, including, specifically, liability under the Resources Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.) and the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq., as they may be amended from time to time, and all regulations implementing these acts; and

3. The franchisee, permittee, or licensee shall be required to cooperate with City in solid waste generation studies and the preparation of waste stream audits, and to implement measures to reach the solid waste and recycling goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

(Ord. 92-15 § 16.03.005; Ord. No. 377, § 3(Exh. A), 11-23-2021)

A. Franchisees, permittees, and licensees providing residential, multifamily, commercial, or industrial organic waste collection services to generators within the City's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect organic waste:

1. Through written notice to the City annually on or before January 1, 2022 identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated blue container organic waste, source separated green container organic waste, source separated brown container waste, and mixed waste.

2. Transport source separated recyclable materials, source separated blue container organic waste, source separated green container organic waste, source separated brown container waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

3. Obtain approval from the City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition debris in a manner that complies with 14 CCR Section 18989.1, Section 13 of this chapter, and the Chino Hills Municipal Code.

B. Franchisees, permittees, and licensees authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with City.

(Ord. 92-15 § 16.03.010; Ord. No. 377, § 3(Exh. A), 11-23-2021)

A. No person shall construct or operate a solid waste management facility (including, but not limited to, a materials recovery facility), disposal facility, composting facility, or buy-back recycling center without first satisfying all City requirements for land use and other approvals.

B. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) days.

C. Community composting operators, upon City request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within sixty (60) days.

(Ord. No. 377, § 3(Exh. A), 11-23-2021)

Editor's note— Ord. No. 377, § 3(Exh. A), adopted November 23, 2021, in effect repealed § 13.20.090 which pertained to solid waste facilities and derived from Ord. 92-15 § 16.03.015.

A. Every person required to arrange for solid waste collection or the collection of recyclables or organic materials shall be liable for the service access fees and charges of such collection, whether or not collection services are utilized.

B. To protect public health, safety, and well-being, and the control and spread of vectors, the owner, occupant, or other person responsible for day-to-day operation of every premises in the City shall make arrangements for collection of solid wastes to meet the requirements of this chapter. If service fees and charges (and any applicable interest or penalties) are not paid as required, the owner and occupant each shall be jointly and severally liable for their payment. The City may collect the fees and charges (plus any interest or penalties) on the property tax roll for the property.

(Ord. 92-15 § 16.03.020; Ord. No. 377, § 3(Exh. A), 11-23-2021)