Dublin Municipal Code Art. III Collection and Transportation of Discarded Materials

A. Franchise Required. No persons other than the holder of the exclusive franchise granted pursuant to subsection C of this section or persons granted a nonexclusive franchise agreement with the city pursuant to subsection D of this section shall collect, transport or convey, or cause or permit to be collected, transported or conveyed, on any city street any discarded materials for a fee or any consideration whatsoever.

B. Limitations of Exclusive Franchise – Exemptions. Notwithstanding the foregoing, the following shall be exempt from the franchise requirement set forth in subsection A of this section:

1. The collection of materials source separated for recycling for which compensation is provided to the waste generator.

2. Materials source separated for recycling that the generator donates to youth, civic, or charitable organizations, no matter how the materials are transported.

3. Discarded materials self-hauled to a processing or disposal facility, provided such self-hauling is consistent with Section 5.32.150.

4. Lawn and garden trimmings and dead leaves removed from a site by a gardening, landscaping or tree trimming contractor, as an incidental part of a total service offered by that contractor rather than as a hauling service, if such waste is transported in a manner which ensures no spillage or litter of highways or city streets.

5. Large items removed from a premises by a property cleanup or maintenance company as an incidental part of cleanup or maintenance service offered by the company and not as a separate hauling service.

6. The collection and transport of animal wastes and remains for tallow; provided, that a permit for such collection and transport has been issued by the Alameda County Health Officer.

7. Containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act, Public Resources Code Section 14500 et seq., no matter how delivered.

8. Hazardous waste.

9. The collection and removal of construction and demolition debris from a construction site by the construction contractor; provided, that the hauling is performed by the contractor itself using its own employees and equipment and not by a subcontracted hauling company.

10. The collection and removal of construction and demolition debris from a demolition site by a licensed demolition contractor using its own employees and equipment and not by a subcontracted hauling company, under the authority of a currently valid demolition permit issued by the city of Dublin, when such removal is accomplished through the use of a fixed body vehicle.

11. Edible food which is collected from a waste generator by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery; or which is transported by the waste generator to another person(s), such as a person from a food recovery organization, for the purposes of food recovery, regardless of whether the waste generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food.

12. Food scraps that are separated by the waste generator and used by the waste generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by the generator or hauled by another party pursuant to Section 5.32.150.

13. Source-separated organic waste composted or otherwise legally managed at the site where it is generated (e.g., backyard composting, on-site anaerobic digestion) or at a community composting site.

14. The collection and removal of discarded materials or other materials from containers placed in city parks, which shall be collected by the city or a designated contractor of the city.

C. Exclusive Franchise. The city may enter into an exclusive franchise agreement granting to one (1) person the exclusive right to collect or transport, or cause to be collected or transported for a fee, all discarded materials within the city or any portion thereof. The franchise agreement shall provide detailed requirements for the management, processing, and disposal of discarded materials in the city and provide for regulation of the fees to be collected under the exclusive franchise.

D. Nonexclusive Franchises. The city may enter into nonexclusive franchise agreements granting to a person the right to collect or transport, or cause to be collected or transported for a fee, discarded materials within the city or any portion thereof, if the collection and transport of such waste is not subject to the exclusivity provisions of the exclusive franchise or if the generator is exempted by law from complying with the requirement in Sections 5.32.080 and 5.32.090 that all generators of discarded materials within the city deliver such waste to and contract with the collector for discarded materials collection, disposal, and processing services. The nonexclusive franchise agreement shall provide detailed requirements for the management and disposal of discarded materials in the city. The franchise agreement shall not regulate the fees collected under the nonexclusive franchise.

(Ord. 2-86 § 2 (5-300); Ord. 4-90 § 1; Ord. 17-05 § 4; Ord. 17-14 § 2; Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))

Maximum rates of compensation for the collection of discarded materials within the city under the exclusive franchise shall be adopted by a resolution of the City Council. The resolution shall also describe the minimum service required for any commercial or residential premises pursuant to Section 5.32.091, including a description of all services included in the minimum service level.

(Ord. 2-86 § 2 (5-700); Ord. 2-92 § 1(D); Ord. 17-05 § 5; Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))

A. Consistent with Section 5.32.130, a waste generator who is the owner or occupant of the premises on which the waste or materials were generated, or the owner's or occupant's full-time employees may self-haul discarded materials generated by the premises; provided, that the generator is in possession of a valid self-haul permit issued under this section. A self-hauler permitted under this section may not transport discarded materials from any other premises, residence, or location.

B. Requirements. The city may issue a permit to self-haul if the generator demonstrates to Director's satisfaction that the generator complies with all of the following:

1. Storage. Store all discarded materials located on their premises in compliance with this chapter, including container specifications, closure and maintenance;

2. Removal. Collect and remove all discarded materials at least once weekly, or as often as required under Section 5.32.080;

3. Transportation. Such discarded materials may not be permitted to leak, spill, overflow or litter upon any public street or highway;

4. Disposal and Processing.

a. Solid waste must be transported to the designated receiving area at a fully licensed public disposal facility; and

b. Source-separated recyclable materials may be transported to a recycling facility holding a permit issued under this chapter; provided, that the material has been source separated, contains no putrescible matter and is untainted by putrescible matter. Recyclable materials may otherwise be disposed of pursuant to Section 5.32.130(B);

c. Source-separated organic waste may be transported to a processing facility, operation, activity, or property that processes or recovers source-separated organic waste.

C. Application for Self-Haul Permit. Generators seeking a self-haul permit must submit an application and provide the following documentation:

1. Invoice from Franchised Hauler or the City. A current dated invoice and/or payment receipt from their franchised hauler or the city showing all of the following:

a. Generator's name;

b. Address of their serviced premises;

c. Service subscription capacity and frequency;

d. No outstanding charges due to city or franchisee for collection services previously received at the serviced address;

2. Hauling Vehicle Documentation.

a. Copy of the vehicle(s) registration showing the generator as the registered owner or lessee of the vehicle(s) to be used for transportation;

b. Copy of the vehicle(s) insurance;

c. Evidence that the vehicle(s) meets all applicable Vehicle Code standards, and capable of safely hauling solid waste or recyclable materials in a safe and sanitary manner so that such matter will not spill; and

3. Certification of Recycling Service Form. Self-haulers that are commercial businesses or multifamily residences must submit a certification of recycling service form to the Director or designee for review for compliance if they do not also subscribe to separate collection service for source-separated recyclable materials or source-separated organic waste collection by a collector, as specified in the WMA ORRO 2021-02. Self-haulers shall submit a new certification of recycling service form to the Director or their designee for compliance review every five (5) years;

4. Other. Any additional documentation reasonably requested by the Director.

D. Permit Terms and Fees. A permit to self-haul shall be valid for one (1) calendar year from its issuance. All self-haul permits may be renewed annually. Applicants for a self-haul permit must pay an annual fee in an amount established by resolution of the City Council.

E. Permit Denial or Revocation. Generators must continue to subscribe to mandatory collection service while applications for self-haul permits are pending. Generators must immediately resubscribe to mandatory collection service if the generator receives notice of a permit revocation. The Director may deny or revoke a self-haul permit or permit application for any of the following reasons:

1. The generator has not provided documentation required under subsection B of this section; or

2. The generator received a permit but has not submitted a new certification of recycling service form as required every five (5) years by subsection (C)(3) of this section; or

3. The generator received a permit but has not submitted quarterly disposal receipts as required by subsection F of this section; or

4. Any other violation of this chapter.

An applicant whose application for a self-haul permit has been denied or revoked may appeal that decision pursuant to Section 5.32.280.

F. Quarterly Disposal Receipts. Generators with self-haul permits must submit the following documentation to the Director at least quarterly:

1. Disposal Documentation. Dated receipts, invoices, or other documentation satisfactory to the Director evidencing that the generator legally disposed of its solid waste or source-separated recyclable materials at a facility permitted under law and in accordance with this chapter, at least weekly, including the following:

a. Generator's name and address;

b. Dates of disposal;

c. Name of disposal facility or facilities and delivery receipts and weight tickets from the entity accepting the material; and

d. Tonnage of disposed solid waste, organic materials, and/or source-separated recyclable materials by facility.

e. If source-separated organic waste is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep records of the entities that received the discarded materials.

2. Other. Any other additional or different documentation requested by the Director.

(Ord. 2-86 § 2 (5-301); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))