Dublin Municipal Code Art. IV Recycling

Waste generators shall source separate recyclable materials and organic waste from solid waste for conveyance to duly permitted recycling or processing facilities. Source-separated recyclable materials and source-separated organic waste must be stored in individual containers provided by the collector and must be collected by the collector or transported by the waste generator with sufficient frequency so as not to create a health hazard, public nuisance or fire hazard. Putrescible solid waste and nonputrescible solid waste tainted by putrescible solid waste shall be presumed to be inappropriate for recycling, except where intended for use and source separated for use as tallow. Nothing in this section is intended to modify, restrict or eliminate any other obligations, restrictions, limitations or conditions imposed upon or applicable to any waste generator, other person, use, or location.

(Ord. 2-86 § 2 (5-400); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))

Each recycling transporter permit issued under this chapter shall expire on the December 31st of the year in which issued.

(Ord. 2-86 § 2 (5-406); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))

No person shall operate a recycling facility unless a recycling facility permit in writing has been issued for such facility by the Director. The application for a recycling facility permit must be made under oath and in writing, signed by the applicant and show the following:

A. The name, address and telephone number of the applicant and the facility, if different;

B. The type or types of material to be recycled;

C. The source or sources from which such material is to be obtained;

D. The manner of transportation of such material from the waste generator to the recycling facility;

E. A statement that the applicant will not attempt to assign such permit, and that the applicant agrees to comply with all requirements of this chapter, now in force or as hereafter amended;

F. A statement that no putrescible solid waste will be accepted or received by the recycling facility; provided, that tallow users need not comply with this subsection; and

G. A statement that, if any of the information in the application changes in any material respect, the applicant will notify the Director in writing of the change or changes and will file a new application if required by the Director.

(Ord. 2-86 § 2 (5-408); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))

The application for a recycling facility permit shall be filed with the Director and shall be accompanied by a nonrefundable application fee to be established by resolution of the City Council. The Director shall make an inspection of the recycling facility described in the application. If the Director finds that the application is consistent with the intent and purposes of this chapter, the Director shall issue a permit to such applicant for the recycling facility. If the application is denied, the Director shall inform the applicant in a dated writing which shall be mailed to the applicant's address shown on the application.

(Ord. 2-86 § 2 (5-409); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))

The Director shall issue one (1) recycling facility permit for each application granted showing the number of the permit, the year in which it was issued, and the address of the facility. At the discretion of the Director, the permit shall be displayed in a conspicuous place, designated by the Director, in the facility. However, if it is not displayed, a responsible representative of the operator must have possession of the permit and be capable of presenting it within a reasonable period of time. The recycling facility permit shall expire on the December 31st following the date it was issued.

(Ord. 2-86 § 2 (5-410); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))

Each recycling facility permit shall be subject to revocation after notice and hearing, pursuant to Article VI of this chapter, for failure to comply with the requirements of this chapter or with the conditions of such permit.

(Ord. 2-86 § 2 (5-411); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))

Any applicant for a permit under this article and any person who is aggrieved by the Director's action on the application may have the action reviewed by the City Council, pursuant to Section 3.16.100.

(Ord. 2-86 § 2 (5-412); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))

The Director may require the regular submittal of operational data throughout the term of the permit as defined in Section 5.32.220 or 5.32.260 for purposes of compliance with Public Resources Code Section 40000 et seq. or other applicable state laws. Submittal of the information may be required on a quarterly basis. Failure to submit the information may be cause for revocation pursuant to Section 5.32.270.

(Ord. 2-86 (part); Ord. 4-90 § 3; Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))

Solid waste, source-separated recyclable materials, and source-separated organic waste shall be stored in a container provided by the collector, as specified in the franchise agreement between the collector and the city of Dublin. The container shall be the size and design specified in the franchise agreement pursuant to Section 5.32.060.

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

All source-separated recyclable materials and source-separated organic waste shall become the property of the collector who has provided the container, upon deposit in the container. It shall be unlawful for any person other than the owner of the container to remove source-separated recyclable materials or source-separated organic waste from an approved container, when placed for collection, without the express permission of the container owner.

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