City of Industry Municipal Code Art. II Solid Waste Fees, Franchises and Permits

The city may, from time to time, enter into an exclusive franchise agreement with a collector regarding the collection of solid waste from residential and commercial property. The collector, under the franchise agreement, shall be allowed to conduct salvaging and the collector is deemed to be in compliance with Sections 8.20.410, 8.20.420, 8.20.430 and 8.20.440. However, with respect to salvaging only, the rights of the collector shall not be exclusive. So long as the franchise agreement remains in force, collection of the material provided for in this chapter may be made only by such collector in accordance with the terms and conditions of this chapter and the franchise agreement. The charges for such collection of solid waste, including removal and disposal services shall be those agreed upon between such collector and the person utilizing the service; provided, however, that such charges shall not be greater than the rates permitted by the terms of the franchise agreement between the city and the collector. No person other than the city or the collector shall collect, remove or dispose of any solid waste within the city, nor transport the same over any public streets or highways within the city. All recycling and salvage activities not otherwise governed by the terms of the exclusive franchise agreement shall be conducted only pursuant to this chapter.

(Ord. 818 § 3, 2022)

It is unlawful for any person other than the collector or those persons employed by the collector to collect or haul any solid waste within the city except:

A. Source separated single-category recyclable materials, including, but not limited to, those collected by a person under permit by the city as provided in Section 8.20.410 of this chapter. Loads which consist of source separated single-category recyclables commingled with any residual solid waste, or other recyclable materials, shall not be considered source separated single-category recyclable materials;

B. Green waste: (1) removed from a premises by a contractor as an incidental part of a total landscaping or gardening service offered by that contractor, and loaded into a fixed body vehicle, rather than as a separately contracted or subcontracted hauling service using debris boxes or similar apparatus; or (2) directly loaded onto a fixed body vehicle such as a "chipper and truck" and hauled directly to a transfer station or disposal facility;

C. Animal waste and remains from slaughterhouses and butcher shops, or grease waste;

D. Special waste;

E. Hazardous waste.

(Ord. 818 § 3, 2022)

Any franchise entered into or issued by the city shall regulate the duties imposed upon the collector as well as the rates to be charged. Without limiting the scope of the foregoing regulatory power, in general, said regulations shall control:

A. The maximum rates to be charged and the time of billing;

B. The manner in which the work of solid waste collection shall be performed;

C. The condition and maintenance of the equipment used by the collector;

D. The hours within which such collection work may be performed;

E. The security and insurance which the collector shall provide to the city;

F. Any other items which the city council deems to be necessary for the best interest of the city and its residents and owners or occupants of property therein.

(Ord. 818 § 3, 2022)

The collector shall comply with the provisions of this chapter and any and all applicable sections of the city of Industry Municipal Code, Public Resources Code or any other local, state or federal code having jurisdiction. The collector shall be required to cooperate with the city in solid waste generation studies, preparation of waste stream audits and the submission of information required by the city to meet the reporting requirements of the act or other applicable legislation as may be amended from time to time, and to implement measures consistent with the city's source reduction and recycling element and household hazardous waste element in order for the city to reach the mandated diversion and other goals as established by the act as it may be amended from time to time. The collector shall submit to the city monthly reports which show the number of tons collected and the tonnage delivered to disposal facilities, itemized by disposal facility.

(Ord. 818 § 3, 2022)

The city reserves whatever, if any, right it may receive from local, state or federal authorities to exercise "flow control," i.e., the right to select disposal facilities and materials recovery facilities to which the solid waste collected pursuant to the franchise is taken. In the event that the city directs collector to transport solid waste to a particular disposal facility or materials recovery facility, city and collector agree to use their best efforts to obtain indemnification against CERCLA Superfund and related claims from the operator of the disposal facility or materials recovery facility to which solid waste collected pursuant to the franchise is taken for disposal or materials recovery. In the event that the city requires collector to utilize a disposal facility or materials recovery facility not owned or operated by the collector or an affiliate of collector pursuant to this provision, the city shall indemnify and hold harmless the collector for delivering solid waste to the designated disposal facility or materials recovery facility. In the event that the city selects a transfer or disposal facility pursuant to this provision, collector shall be entitled to a rate adjustment to offset for any substantiated increase in expenses resulting from the city's exercise of "flow control."

(Ord. 818 § 3, 2022)

Any franchise which is in effect on the date of the chapter enacting this chapter shall remain in full force and effect through the duration of the respective franchise. A franchisee shall comply with the provisions of this chapter so long as the requirements set forth for compliance do not conflict with any current franchise agreement or the constitutionally protected rights provided for under any existing franchise agreement. The provisions of this chapter in no way confirm, modify or extend existing contractual agreements.

(Ord. 818 § 3, 2022)

The collector shall be required to pay a franchise fee in an amount and under terms and conditions as set forth in the franchise agreement.

(Ord. 818 § 3, 2022)

The collector shall be required to include a line item charge on its regular billing invoice as a fee based on volume for purposes of establishing a "cost recovery special fund" pursuant to the act. The amount of the fee shall be determined by the city manager. Funds deposited into the cost recovery special fund shall be used and applied to pay for costs associated with the preparation, adoption and implementation of the city's source reduction and recycling element. Any and all such fees shall be paid monthly in accordance with the collector's regular billing cycle. (Public Resources Code Section 41003(g)).

(Ord. 818 § 3, 2022)