City of Industry Municipal Code Art. V Regulation of Recycling and Salvage Business

The city council finds and determines that the storage, accumulation, collection and disposal of salvage is of great public concern, in that improper control of such matters may create a public nuisance, or lead to air pollution, fire hazards, insect breeding, rat infestation and other problems affecting the health, welfare and safety of the residents of this and surrounding cities. The city council further finds that the activity of salvaging within the city would be best regulated through permit which would provide the most orderly and efficient solution to such problems and to promote the public health, safety and welfare, as well to better enable the city to comply with the provisions of the act including the reduction of the total tonnage of materials taken to landfills.

(Ord. 818 § 3, 2022)

Except for the collector, no individual, partnership, joint venture, unincorporated private organization, or private corporation shall engage in salvage collection unless a permit to do so has been issued as provided herein.

(Ord. 818 § 3, 2022)

Applications for salvage collection permits required under this chapter shall be filed with the city manager upon printed forms to be prescribed and supplied by the city manager. Within thirty days after receipt of all the information requested of an applicant, the city manager shall either grant or deny salvage collection permit and shall immediately notify the applicant by electronic mail or first class mail of the action taken.

(Ord. 818 § 3, 2022)

The salvage collection permit issued under this chapter shall be valid for a period of one year unless revoked earlier pursuant to this chapter. The term of the salvage collection permit shall run concurrently with the fiscal year of the city beginning July 1 and ending on June 30 of each year. Renewal applications for salvage collection permits shall be submitted to the city clerk no later than June 1 of each year.

(Ord. 818 § 3, 2022)

A permit issued pursuant to this chapter shall provide for the payment of permit fees to the city, in an amount established from time to time by the city manager, and shall contain additional provisions agreed to by and between the city and the salvage collector and shall constitute a written agreement of the parties. The permit fees shall consist of two components including salvage collector decal fee and a fee based upon the weight of salvage collected during any given month. New applicants for a salvage collection permit shall be assessed a prorated fee adjusted to the nearest quarter year. The city shall issue to the permitted salvage collector decals which the salvage collector shall affix to all bins utilized by the salvage collector within the city. Any bins not displaying said decal shall be subject to impoundment. Fees for such permits shall be at a rate as determined by the city manager.

(Ord. 818 § 3, 2022)

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 part by the salvage collector without the prior express consent of the city manager. In the event any assignment or transfer is authorized by the city manager, the assignee shall assume the liability and all other obligations of the salvage collector under the permit.

(Ord. 818 § 3, 2022)

Every salvage generator within the city shall secure a permit to create, accumulate, import or cause to be imported salvage which is sold or given to a salvage collector. Applications for salvage generator permits required under this chapter shall be filed with the city manager upon printed forms to be prescribed and supplied by the city manager. Within thirty days after receipt of all information requested of an applicant, the city manager shall either grant or deny the salvage generator permit and shall immediately notify applicant by electronic mail or first-class mail of the action taken. The city shall charge no fee for the issuance of a salvage generator permit.

(Ord. 818 § 3, 2022)

Every self-hauler within the city shall secure a permit to create, accumulate, import or cause to be imported or transport salvage. Applications for self-hauler permits required under this chapter shall be filed with the city manager upon printed forms to be prescribed and supplied by the city manager. Within thirty days after receipt of all information requested of an applicant, the city manager shall either grant or deny the self-hauler permit and shall immediately notify the applicant by electronic mail or first-class mail of the action taken. The permit shall provide for the payment of fees to the city in an amount established from time to time by the city manager.

(Ord. 818 § 3, 2022)

Each salvage collector, salvage generator or self-hauler operating under the provisions of this code shall be required at the discretion of the city to submit monthly, quarterly and annual reports containing information relative to its salvaging activities including collection tonnage of salvage or recyclable solid waste collected within the city limits and other information as may be reasonably required by the city to determine the effectiveness of services provided, effectiveness of city and/or salvage collector, salvage generator or self-hauler sponsored programs for compliance with the act, as well as current collection tonnages within the city. Such records shall be submitted in a format approved by the city with the affixed signature of a duly authorized representative of the salvage collector, salvage generator or self-hauler. Such reports shall be submitted to the city pursuant to a schedule established by the city manager. Notwithstanding the foregoing, each salvage collector, salvage generator or self-hauler shall submit, on or before the twenty-eighth day of each month, a monthly weight report prepared on a form approved by the city which shall enable the city to determine the volume of salvage for the preceding month.

Each salvage collector, salvage generator or self-hauler shall maintain all records relating to the services provided for in this chapter for twenty-five months from the date upon which such services are provided. The city shall have the right, upon reasonable advanced notice, to inspect and/or audit records which may be relevant to the operations within the city or relating to the imposition of any fees which be imposed by the city. Such records shall be made available to the city at the regular place of business of the salvage collector, salvage generator or self-hauler. Should an inspection or audit of a salvage collector, salvage generator or self-hauler result in the obtaining of proprietary information between the salvage collector, salvage generator or self-hauler and the city, any exchange of information between the city and the salvage collector, salvage generator or self-hauler shall be considered to be proprietary between the city and the salvage collector, salvage generator or self-hauler and of the utmost confidential nature to the extent allowable by law.

(Ord. 818 § 3, 2022)

All salvage shall be collected, accumulated or transported in bins, bales or other methods approved by the city manager. salvage shall not be collected in a packer box system where material has been packed into a closed container. Each such bin shall at all times be kept in good repair and maintained in a clean and sanitary condition. Each such bin shall bear upon at least two of its sides the name and telephone number of the salvage collector, which name and telephone number shall be in legible letters and numerals. Any bin which does not comply with the requirements of this section shall be subject to removal as provided in Section 8.20.400 of this chapter.

(Ord. 818 § 3, 2022)

All vehicles used in the salvaging process shall comply, to the extent applicable, with Sections 8.20.220 through 8.20.280 of this chapter.

(Ord. 818 § 3, 2022)

A permit issued pursuant to this chapter may be revoked or suspended for cause. For purposes of this chapter, cause shall include the following grounds:

A. Fraud or deceit in obtaining a permit;

B. Failure of a permittee to correct a violation within the time prescribed in a notice of violation;

C. Willful violation of any provision of this chapter, of a condition or limitation of a permit, or of any lawful order of the city manager.

(Ord. 818 § 3, 2022)

Should any permit be revoked or suspended in accordance with this chapter, or any other provision set forth in this code or applicable legislation, or should the city manager take any adverse action against the permittee or permit applicant as provided in this chapter, the permittee or permit applicant shall have the right to appeal the decision to the city council and to request a hearing. The request must be in the form of a written request made within fifteen calendar days of the effective date of the suspension, revocation or adverse action. Such request must be filed directly with the city clerk by way of certified mail or personal delivery. The permittee or permit applicant shall have the right to submit its appeal to the city council in the form of a written argument and waive its right to a hearing. When a request for hearing is filed with the city clerk, the city council shall set the matter for hearing and give notice of the time and place thereof to the person requesting the hearing, the city manager, and any other person or public agency requesting notice there-of. The hearing shall be held not more than thirty days after a written request thereof has been filed with the city clerk and not less than ten days after the issuance of the notice thereof. The decision of the city council shall be final and binding upon all parties and shall be issued, in writing, within thirty days from the date of the hearing. Nothing contained within the context of this section shall prevent any person or permittee or permit applicant from pursuing remedies to the extent allowable by law.

(Ord. 818 § 3, 2022)

Each salvage collector, salvage generator or self-hauler shall cooperate with the city and/or designated consultants in solid waste disposal characterization studies and waste stream audits and shall implement measures adequate to achieve the city's source reduction, recycling and waste stream diversion goals for the solid waste stream. Each salvage collector, solid waste generator or self-hauler, at its own expense shall submit to the city information and reports necessary for the city to meet its reporting obligations imposed by the act and/or other legislation, and the regulations implementing the act and/or other legislation.

(Ord. 818 § 3, 2022)

It shall be the responsibility of each salvage collector to develop and distribute materials and information sufficient to: (1) educate its customers as to the recycling services provided by the salvage collector; (2) allow the city to meet recycling educational needs of the city, as may be required by local, state or federal authorities during the period of the salvage collector's permit.

(Ord. 818 § 3, 2022)

The salvage collector and self-hauler shall be required to pay a fee for purposes of establishing a "cost recovery special fund" pursuant to the act in an amount to be established from time to time 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 concurrently with the regular submission of the monthly weight report.

(Ord. 818 § 3, 2022)