Diamond Bar Municipal Code Div. 4 Limited Collection Permits

No person, other than a franchisee, permitted self-hauler or commercial recycler, shall collect solid waste in the city without having first been issued a limited collection permit. Such permit shall be in addition to any business license or permit otherwise required by the city. The public works director is authorized to promulgate administrative policies and procedures for issuing such permits.

This division 4 shall not apply to the self-haul of construction and demolition wastes, which are governed by division 6 of this chapter entitled "construction and demolition waste."

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

Applications shall include, but not be limited to:

(a) Name of applicant.

(b) Business address, and addresses where all vehicles will be stored.

(c) A description of each vehicle and other equipment that the applicant owns or has under its control.

(d) A list of customers which the collector will service in the city.

(e) Proposed collection rates to be charged by the applicant.

(f) Detailed information regarding services offered to customers and a listing of customers currently receiving collection service.

(g) Any other information requested by the city manager.

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

Each permittee shall pay a yearly fee in an amount determined by resolution of the city council.

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

Any permit issued under this division shall be for a term of not more than one year and shall expire December 31 of each year.

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

A permit issued under this division 4 shall not be transferred, delegated or assigned. No permittee shall sell, assign, hypothecate, relinquish, surrender or transfer its interest in a permit to any person or collector or allow another person or entity to use its permit in any act for which a permit is required without the prior written consent of the city council.

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

After review of the permit application, the city manager, or designee, may deny the issuance of an annual limited collection permit based on information disclosed in the permit application. Denial of an annual limited collection permit may be based on an incomplete application, failure to demonstrate qualifications or financial responsibility necessary to comply with the requirements of this chapter, failure to supply required reports or previous violations of any provision of this division 4. Upon denial, the city manager shall provide the limited collection permittee written notification of the reasons therefore and shall include the effective date of such denial. Written notification of denial shall be delivered by first-class mail, postage pre-paid or certified mail, return receipt requested.

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

The city manager may revoke or suspend any permit pursuant to the provisions of sections 8.16.100—8.16.140, inclusive. The collector may appeal the denial, revocation, or suspension of a permit pursuant the procedures set forth in subsections 8.16.100(b) through (d), inclusive. It is unlawful for any person to operate under a permit which has been revoked or suspended.

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

No limited collection permittee shall perform solid waste collection services otherwise provided for in a solid waste franchise agreement. No limited collection permittee shall collect a fee for recyclable material collection services provided to residential premises.

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

A collection permittee shall also be subject to the following provisions of this chapter 8.16:

Section 8.16.150 , collector's liability insurance, provided that the amount of insurance shall be determined by administrative policy promulgated by the director;

Section 8.16.160 , worker's compensation insurance;

Section 8.16.170 , city to be free from liability;

Section 8.16.190 , office for inquiries and complaints;

Section 8.16.200 , permits and licenses;

Section 8.16.210 , responsibility for damages;

Section 8.16.220 , city inspection authority;

Section 8.16.330 , hours of collection;

Section 8.16.380 , trespass;

Section 8.16.390 , noise;

Section 8.16.400 , ownership;

Section 8.16.410 , collection vehicle identification;

Section 8.16.420 , operation of equipment;

Section 8.16.440 , resource recovery; and

All other applicable provisions of this Municipal Code.

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