Diamond Bar Municipal Code Div. 3 Solid Waste Collection

(a) A collector must obtain comprehensive general and automobile liability insurance acceptable to the city attorney insuring a collector against death, bodily injury, property damage and automobile liability arising out of or in any way connected with the collector's activities. The insurance shall be in an amount set forth in the franchise agreement, name the City of Diamond Bar and its officers, employees and agents as additional insureds, and state that it shall not be canceled or modified without first giving to city written notice as provided in the franchise agreement. Such insurance shall be primary and noncontributing with respect to any other insurance available to the city and will include a cross-liability clause requiring the insurer to protect each insured separately. A copy of the policy or certificate of insurance along with all necessary endorsements, in a form approved by the city attorney, shall be filed with the city manager before the hauler is authorized to collect or otherwise transport solid waste under the franchise.

(b) Suspension, cancellation, or termination of the insurance by the provider without obtaining substitute insurance meeting the requirements of subsection (a) above shall be grounds for immediate suspension of the franchise until new insurance is provided, and a collector shall be liable to the city for any and all damages suffered by the city arising out of such suspension, cancellation or termination.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

A collector shall at all times provide, at its own expense, workers' compensation insurance coverage for all of its employees as required under state law and shall file and maintain a certificate with the manager showing said insurance to be in full force and effect.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

Every franchise agreement and limited collection permit shall include an indemnification provision whereby the franchisee or permitee agrees to indemnify the city against liability from claims that arise out of the solid waste collection services.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) The city may require a collector to file a surety bond, letter of credit, and/or a certificate of deposit prior to the effective date of the franchise to guarantee the faithful compliance with this chapter and the franchise agreement. Such bond, letter of credit or certificate shall remain in force during the life of the agreement and all renewals thereof.

(b) In the event of suspension, cancellation, or termination of the bond, letter of credit or certificate by the issuer, the franchise shall be immediately suspended until a new guarantee mechanism is provided to the satisfaction of the city manager, and a collector shall be liable to the city for any and all damages suffered by the city arising out of such suspension, cancellation or termination.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

A collector shall maintain an office at some fixed location and shall maintain a telephone line at the office, listed in the current telephone directory and online at the collector's website, in the firm name by which it conducts business in the city, and shall, during the days and times provided for in the franchise agreement, have an employee or agent at said office to answer inquiries and receive complaints. In addition, inquiries and complaints may also be handled by email if provided for in the franchise agreement.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

A collector shall obtain all applicable permits and licenses required by any federal, state or local agency.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) Any collector, or person providing solid waste collection services or operating a solid waste enterprise in the city shall be responsible for damages caused as a result of its acts or omissions including, without limitation, injuries or death to any person or damage to public or private property.

(b) Except as provided in the franchise agreement for normal wear and tear, a collector shall be responsible, at the collector's sole expense, for any physical damage to private or public property caused by the negligent or willful acts or omissions of collector's employees, agents, volunteers, or other individuals providing the services set forth in the franchise.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

To the extent required by law and as set forth in a franchise agreement, any collector providing collection services or operating a solid waste enterprise in the city shall keep and maintain books of account, income statements, tonnage reports, weight tickets, customer lists, billing records, maps, AB 939 compliance records, and customer complaints and other like materials and documents of the collector which relate to the collector's compliance with the provisions of this chapter or relate in any way to business transactions conducted by the person in the city during the entire term, including renewals, of the agreement and for a period of at least five years after said service was provided, or for any longer period required by law or the franchise agreement. Any collector shall make these records and documents available to the city upon request upon five business days' written notice. Such records shall be made available to the city at the collector's regular place of business, either within the Los Angeles County limits or within 20 miles of Diamond Bar City Hall if outside Los Angeles County, or by delivering such records to Diamond Bar City Hall.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) A charge for the collection of solid waste shall be imposed on each customer to whom collection service is made available. The maximum rate and any adjustments thereto shall be agreed upon by the collector and the city in the agreement and in accordance with any applicable provisions of state law. The charge so fixed shall be a civil debt due and owing to collector from the customer of the premises to which the collection service is made available.

(b) For residential premises, the maximum rate shall be developed in compliance with applicable state law, assuming standard containers of 64-gallon capacity. Different size containers may be supplied upon customer request, and a maximum monthly rate shall also be established that accounts for the size differential.

(c) A collector shall offer a reduction in collection rates to any senior citizen and any disabled customer of a residential premises who receives collection services at his or her personal residence. This discount is applicable to all services rendered by the collector and the amount of the reduction shall be as specified in the franchise agreement.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

A collector shall provide each customer, at least 60 days in advance of the beginning of a billing period, written notice of the implementation of changes in any of its rates and charges. All rate adjustments shall be made in accordance with the agreement and any applicable provisions of state law or this Code.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) Except as otherwise provided by federal, state or local laws, this chapter or other city council authorized restrictions, all fees and charges applicable to this chapter shall be established by city council resolution.

(b) Pursuant to Public Resources Code §§ 41900 et seq., as amended, the city may levy fees upon collectors and customers for planning and program development and administration regarding solid and household hazardous waste, recyclable materials and/or green waste planning, and for access to collection service, for collection service, inspection, auditing, transfer and disposal and the planning for and response to releases and spills of solid wastes which have the characteristics of hazardous wastes. Such fees may include charges for the use of waste 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 collect such charges by such means as determined by city council resolution or ordinance.

(c) Pursuant to Public Resources Code § 41902, the city may directly assess any fees or may by agreement, arrange for any fees upon the customers to be collected by a collector under this chapter. Any applicable fee established pursuant to this chapter shall be payable by the collector to the city 30 calendar days after the close of each quarter of the collector's fiscal year, or such other times as may be set forth in the franchise agreement. The collector shall pay or collect, as the case may be, an AB 939 administrative fee, as may be established in accordance with state law.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

Billing and payment procedures are as follows:

(a) A collector shall bill all customers for all services rendered, whether regular or special services. The collector shall provide itemized bills, distinctly showing charges for all classifications of services, including, but not limited to, the charges for late payment, redelivery fees, charges for additional containers, reductions and other special services covered under this chapter.

(b) The city may, at the city's sole option, collect fees for residential collection services through a parcel charge by causing fees to be placed on the Los Angeles County Tax Rolls through procedures established by the Los Angeles County Tax Collector. Should the city institute a parcel charge, the collector shall be paid for each residential unit or premises served according to a payment schedule as set forth by a separate resolution of the city council.

(c) Notwithstanding any other provision of this chapter, the city council, in its sole discretion, may collect delinquent fees owed pursuant to this chapter by placement of the fees on the property tax rolls, pursuant to the provisions of this section. The city council, in its sole discretion, may collect delinquent fees pursuant to this section from all property owners, or only from residential premises, and/or commercial premises. Should the city council elect to apply the provisions of this section, the following procedures shall be followed:

(1) Any customer who, as of June 1 of any given year, is delinquent as to any charges or penalties due as of March 31 of that same year, shall be mailed written notification that the city council will review all such delinquent accounts during a public hearing and determine whether to forward the delinquent accounts to the county auditor on August 1 to be included as an additional assessment for the respective affected parcel on the county property tax rolls. At the time of such written notification, a penalty shall be added to the delinquent account to cover the administrative costs of such procedure. Any owner whose property is so affected shall have the right to appear before the council when it deliberates on the matter.

(2) The city council shall consider the matter at a public hearing.

(3) The council may also consider at the hearing requests for waivers or adjustments of the delinquent charges or penalties. Requests for such waivers or adjustments shall be considered only if timely made, and if accompanied by sufficient information and documentation to permit the director of finance to make a determination of whether cause exists to justify a waiver or adjustment. The council may determine that the fees or penalties owed by any property owner should be waived or adjusted, for any of the following reasons:

a. Property ownership change.

b. Vacant units not requiring service.

c. Demolition of units during a service quarter.

d. Condemnation actions against the property.

e. Incorrect mailing address.

f. Incorrect ownership information.

g. Other similar conditions and reasons creating circumstances beyond the reasonable control of the property owner.

(4) The county auditor shall enter each assessment on the county tax roll for the parcel of land affected. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount shall be subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the county tax collector, in his discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection and enforcement of county taxes shall apply to such special assessment fees.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) A collector shall provide the city separate monthly and annual tonnage and information reports in an amount, form and on dates set forth in the franchise agreement.

(b) The collector shall provide the city two copies of all reports, or other material adversely affecting the collector's status under this chapter, including, but not limited to, reports submitted by the collector to the environmental protection agency, CalRecycle, or any other federal or state agency. Copies shall be submitted to city simultaneously with the collector's, filing of such matters with such agencies.

(c) The collector shall submit to the city copies of all notices of lawsuits, applications, notifications, communications and documents of any kind, submitted by the collector to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other government bodies relating specifically to the collector's performance of services pursuant to this chapter. Any confidential data exempt from public disclosure shall be retained in confidence by the city to the extent permitted by law.

(d) All reports and records required under this or any other section of this Code, the agreement or state or federal law shall be furnished at the sole expense of the collector.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

Except as otherwise provided in the force majeure provisions of a franchise agreement, in the event that the collection, transportation and/or disposal services of a collector are temporarily interrupted or discontinued due to riots, wars, civil disturbances, explosion, natural disasters such as floods, earthquakes, landslides and fires, strikes, lockouts and other labor disturbances or other catastrophic events which are beyond the reasonable control of a collector, for a period of more than 72 hours, and if as a result thereof, solid waste should accumulate in the city to such an extent, in such a manner, or for such a time that the city manager should find that such accumulation endangers or menaces the public health, safety or welfare, the city shall have the right, upon 24-hour prior written notice to a collector, during the period of such emergency, to issue limited permits to private persons, corporations or other solid waste enterprises to perform any of the services regulated by this chapter.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

Except as otherwise provided in this chapter:

(a) All solid waste collected from residential or commercial premises for a fee, service charge or other consideration, shall be collected by a solid waste enterprise under the provisions of a franchise awarded by the city council.

(b) No person shall collect any solid waste from any commercial premises or residential premises within the city, place a container, or other receptacle for solid waste at any premises within the city, or collect, transfer, or remove solid waste within the city, unless that person holds a franchise or limited collection permit from the city for such collection or container placement. Each day any person shall engage in these activities without holding a franchise or limited collection permit from the city for doing so shall constitute a separate offense.

(c) Each residential and commercial property owner and occupant in the city shall, at all times utilize the services of a collector and pay the rates approved by the city council for the regular and routine collection of solid waste from such premises and shall, at all times comply with city policies and programs with regard to solid waste recovery, reduction and recycling. No customer shall enter into an agreement for solid waste collection services with any person or solid waste enterprise except as otherwise provided in this chapter. Regular and routine solid waste collection services means the collection of everyday solid waste generated on the premises and does not include special collections governed under subsection 8.16.550(f), permitted self-hauling, donation of recyclables, and construction/demolition waste activities.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

If the day of collection on any given route falls on a holiday observed by the city or waste disposal facility to which waste or recyclables collected within the city are taken for disposal, the collector shall provide collection service for such route on the next workday following such holiday and the collection days for the remainder of that week shall all be postponed one collection day, unless otherwise provided in the agreement or this chapter. The following holidays will be observed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, and any other day designated as such in a contract between a collector and the labor union serving as the exclusive representative of that collector's employees, provided the holiday is established or recognized by resolution of the city council or in an agreement between the city and a collector.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

A franchised collector shall provide the following specific services as described in subsections (a) through (i) of this section. These services shall be in addition to any requirements, conditions, policies and procedures as may be established by resolution of the city council from time-to-time hereafter or in an agreement. In the event that the city grants more than one franchise, the following services may be allocated amongst all of the collectors.

(a) A collector, at the collector's sole expense, shall prepare and implement a multilingual public education and information program. This program shall, at a minimum: Familiarize residents, property managers, business owners/managers, and designated institutional representatives with essential waste reduction and recycling concepts, explain the benefits of recycling and composting (if applicable), and explain the purpose and the manner of the city's recycling, green waste services, composting, organic waste recycling, and disposal and recycling for electronic waste.

(b) Collectors shall collect, transport and recycle as mulch all holiday trees that are placed at the curbside, from residential premises within the city during the period beginning on the first Monday following Christmas and ending on the third Monday in January, or such other period as may be agreed to in the franchise agreement.

(c) A collector at the collector's sole expense shall provide, at a minimum, four free curbside collections of bulky items per year to all residential premises, either on days of the month selected by the public works director, or on-call, as agreed to in the franchise agreement. The size and weight restrictions may be set forth in the franchise agreement, and if the agreement is silent, there shall be no such restrictions except that the collector shall not be required to remove automobile bodies, materials brought in from other areas or any other items which may not be safely handled by two persons. Collector shall make a good faith effort to reuse or recycle bulky items and shall only dispose of these items if necessary. E-waste shall only be disposed of in appropriate facilities, capable of handling the waste in a manner required by law.

(d) A collector, at the city's sole option, shall provide upon request solid waste collection and recycling services to all public facilities (i.e., city hall, city parks, etc.) at no charge to the city.

(e) A collector shall, at no additional charge, provide on-demand collection of illegally dumped bulky goods within one business day of the city's request, unless a different time is set forth in the franchise agreement. If the city issues more than one franchise, the collectors may provide this service according to a rotational schedule established by the public works director.

(f) A collector shall, at no additional charge, provide containers suitable to store all necessary supplies and equipment that may be needed in the event of a disaster to the city and all public schools within the city. The size, location and number of containers shall be determined in the franchise agreement.

(g) A collector for residential premises shall provide, at a customer's request and at no additional charge, manual carryout collection service to any disabled occupant of a single-family unit who is not able to place his or her containers at the curb due to a physical disability.

(h) All collectors shall provide recyclable materials collection services. These services shall be conducted as specified in the franchise agreement. A collector shall report to the city and maintain disposal and diversion records. Nothing in this chapter shall limit the right of any person to donate, sell, or otherwise dispose of his or her recyclable materials.

(i) A collector shall implement an organic waste and green waste collection program for all residential and commercial premises. Organic and green waste shall be placed for collection in the manner set forth in this chapter and in an agreement.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) A collector shall collect and dispose of all solid waste placed for collection in compliance with this chapter from each customer at least once during each calendar week, or more frequently if required to handle the waste stream of the premises. Routes of collection shall be so arranged that collection from any premises will be made on the same days of each week. A collector shall possess a sufficient number of vehicles including spares to maintain the collection schedule at all times.

(b) A collector shall submit to city its proposed collection schedule for the ensuing calendar year. The franchise agreement shall set forth the time and frequency for submitting the schedule. The schedule shall indicate all regularly scheduled collection days which fall on a holiday and the collection day for which it is proposed to be substituted (if any) so as to ensure that collection shall takes place once each week. Upon approval by the city manager, collector shall cause to be mailed a written notice to all customers of such schedule not later than December 31 of each year. In his or her discretion, the city manager may mail out the annual notice to all customers, at the expense of the collector.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) No collection, or delivery or removal of containers, shall be made between the hours of 6:30 p.m. and 6:30 a.m. Monday through Friday or at any time on Saturday and Sunday, except that if agreed to in a franchise agreement, Saturday collection may be permitted during holiday weeks for residential premises, and as a regular collection day for commercial premises. The public works director may require a collector to change hours of operation if it is determined that the operations have a detrimental effect upon the peace and quiet of residential neighborhoods.

(b) In order to prevent problems of traffic, noise, wear and tear to public highways, or other problems having the potential to adversely affect the health, safety, and the general quality of life of the community, the city council may by resolution regulate the routes, intervals, delivery points, and days for collection by collectors operating within the city.

(c) The city manager may temporarily waive the requirements of this section when necessitated by conditions beyond the control of the collector.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

At the collector's own expense, a collector shall provide each residential premises for which it is authorized to collect at least one container each for the collection of: (1) solid waste, (2) recyclables and (3) organic and green waste, other than oversized branches or tree limbs. All containers shall be constructed of metal, hard rubber or plastic and have wheels and a tight-fitting lid. Containers shall not permit the contents thereof to sift or pass through any opening therein other than the top, shall be maintained in a safe and sanitary condition by the customer and shall not contain any rough or jagged surfaces. Additional loads placed out for collection may be permitted to the extent such loads are authorized in the applicable franchise agreement.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) A collector shall provide containers suitable to each commercial premises for which it is authorized to collect solid waste and recyclables, including organic and green waste.

(b) All containers shall be constructed of durable metal or plastic and have wheels and a tight-fitting lid that shall be kept closed at all times. Containers shall not permit the contents thereof to sift or pass through any opening therein other than the top, shall be maintained in a safe and sanitary condition by the customer and shall not contain any rough or jagged surfaces. The use of oil drums of 50-gallon capacity or more is specifically prohibited.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

Collector's agents and employees shall handle all containers with care.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

All collector's field employees shall wear name tags or uniforms to enable identification while providing service to the public.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

No person authorized to collect solid waste shall enter on private property beyond the extent necessary to collect the solid waste properly placed for collection.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

A collector shall conduct its operations as to create the least possible obstruction and inconvenience to public traffic, and disruption to the existing noise levels in the area within which collections are made.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

At such time as solid waste is placed for collection at the usual place of collection, the solid waste is the property of a collector.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

Except as otherwise provided in this chapter, no solid waste enterprise may operate any vehicle for the collection of solid waste in the city unless the owner of the vehicle is a collector as that term is defined in section 8.16.020.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

A collector shall operate all equipment in compliance with all federal, state and local laws. Collection vehicles shall not be operated in a manner that results in undue interference with normal traffic flows or violation of any traffic laws. Collection vehicles, whether loaded or unloaded, shall not be parked, or left unattended on any street in the city.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

Any vehicle used in the collection of solid waste in the city shall, at all times, be maintained in accordance with all the standards set forth in the franchise agreement, this Code, or any other applicable law. The use of a vehicle that fails to comply with each of the standards is prohibited. A collector shall immediately remove any vehicle from collection service that fails, at any time, to conform to any of the standards recited in the agreement or this Code and shall not use that vehicle until it is repaired or comes into compliance. Should the city manager give notification at any time to a collector that any of its vehicles are not in compliance with the standards of this chapter or the agreement, the vehicle shall be immediately removed from service in the city by the collector. The vehicle shall not again be utilized in the city until the collector successfully demonstrates to the manager that the vehicle is in compliance with the requirements of the agreement and this Code. A collector shall maintain its regular collection schedule regardless of the repair of any vehicle.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

A collector shall, at all times, comply with city policies and programs regarding solid waste recovery, reduction and recycling, including the city's source reduction and recycling element. Such policies and programs may be established by resolution of the city council. Compliance with such policies and programs shall be a condition of any franchise issued pursuant to this chapter.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

A collector shall not deposit at any landfill more solid waste than the percentage designated in the franchise agreement. That percentage of solid waste shall be diverted from landfills through reduction, recycling and composting activities. Through implementation of the franchise agreement, a collector shall assist the city in meeting its diversion obligations under Public Resources Code § 41780, as amended, to the greatest extent practicable, as well as new recycling and diversion requirements imposed by the state, including AB 341 (2011) requiring mandatory commercial solid waste recycling programs, AB 1826 (2014) requiring mandatory organic waste recycling programs, AB 1594 (2014) eliminating diversion credits for green waste as alternative daily cover at landfills, and SB 1383 (2016) and implementing CalRecycle regulations requiring residential organic waste recycling programs to reduce short-lived climate pollutants. Activities deemed in contravention of that goal shall be a violation of this section.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)