El Segundo Municipal Code Ch. 2 Solid Waste Management

For the purposes of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that they have a different meaning:

BIN: A metal container commonly referred to as a dumpster that is usually one (1) to four (4) cubic yards in size and often equipped with a lid.

BULKY ITEM: Large and small household appliances, furniture, carpets, mattresses, box springs, white goods, clothing, tires, and other similar solid waste and similar large items discarded from residential properties. Bulky items do not include hazardous waste.

BUSINESS: A commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for profit or nonprofit entity.

CIVIC WASTE: All types of solid waste, recyclables and organics generated by the City, including: solid waste, recyclables, and organics placed in receptacles located in public areas, including but not limited to City public parks, parking lots, and right-of- ways, for collection of waste generated by the public; solid waste, recyclables and organics generated at City-owned facilities including but not limited to City Hall, the City Yard, fire stations, police station, library, recreation centers, etc.; and solid waste, recyclables and organics generated at City events.

COMMERCIAL PREMISES: Any commercial, industrial, or office enterprise that generates solid waste, green waste, organics, or recyclable materials. Commercial premises does not include civic waste or any State run school system.

ORGANICS: Food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food soiled paper waste that is mixed in with food waste.

PUBLIC WORKS DIRECTOR: Public Works Director or his/her designee.

RECYCLABLES: Material that can be reused or processed into a form suitable for reuse through reprocessing or remanufacture and includes paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET and other plastics, beverage containers, compostable materials, phone books, used motor oil and such other materials designated by the Public Works Director, or designated as recyclables by the California Department of Resources Recycling and Recovery (CalRecycle), or other agency with jurisdiction.

ROLL-OFF: An open-top metal container with a container capacity up to forty (40) cubic yards, which is designed to be pulled onto a roll-off vehicle. Roll-offs are also sometimes known and referred to as roll-off boxes, drop boxes, or debris boxes.

SOLID WASTE: All solid waste as defined in Public Resources Code section 40191 as may be amended from time to time.

TEMPORARY ROLL-OFF/BIN SERVICE: A temporary service provided for the purpose of collecting construction and demolition debris and other waste generated during temporary project activities including construction, demolition, and/or clean-up services. Temporary roll-off/bin service may be provided in connection with other temporary project activities only with the prior permission of the Public Works Director.

(Ord. 1584, 6-18-2019; amd. Ord. 1619, 9-15-2020; Ord. 1669, 3-4-2025)

The City maintains exclusive authority to manage and regulate solid waste, including but not limited to regulations regarding the storage, collection, transportation, processing and disposal of solid waste. Such authority includes the right to determine the methods by which such regulation occurs, for example, through contract, permit, franchise, or another method. The City may enter into exclusive or non-exclusive contracts or franchises for the collection and transportation of solid waste including recyclables and organics. No person, entity, organization or firm is authorized to collect such solid waste, organics or recyclables without authorization or permission from the City. (Ord. 1584, 6-18-2019)

A. Mandatory Arrangements for Collection and Removal: The owner or occupant of each residential premises is required to contract with the City's franchisee for the regular removal of all solid waste, organics, and recyclables accumulated on such premises and must pay for such removal at the rates established by the City Council. In the event the owner elects to have the occupant of its premises take responsibility for contracting with the franchisee for collection service and the occupant fails to make arrangements for collection or fails to pay for collection services provided by the franchisee, the responsibility to contract and pay for collection services shall become the owner's responsibility. No owner or occupant of a residential premises shall employ another, other than the franchisee, for the regular collection of solid waste, organics or recyclables generated on the residential premises. No owner or occupant of a residential premises shall enter into any agreement whatsoever for the provision of temporary roll-off/bin service by a person that is not the holder of a valid temporary roll-off/bin service permit issued by the City. No owner or occupant of a residential premises may employ a temporary roll-off/bin service permittee for the regular collection of solid waste, organics, or recyclables. For purposes of this section, "residential premises" refers to one- and two-family dwelling units. If a property contains both commercial and residential premises, the owner or occupant of the residential component of the premises must independently contract with the franchisee for the collection and removal of solid waste, organics, and recyclables in accordance with this chapter.

B. Exceptions: An exception to the mandatory requirement of subsection A of this section can be granted if the owner or occupant meets one of the following criteria:

1. The owner or occupant of the residential premises obtains a self-haul permit in accordance with this chapter and continually remains in compliance with its terms and conditions.

2. The owner or occupant demonstrates to the satisfaction of the Public Works Director or his/her designee that no solid waste of any kind is being generated on the premises. The occupant must consent to an on-site inspection of the premises by the Public Works Director in order to verify that no solid waste of any kind is being generated. If the circumstances that allowed the exception should change, the owner or occupant must immediately initiate regular solid waste, organics, and recyclables collection in accordance with this section. The Public Works Director may require reauthorization of the exception periodically.

C. Compost And Recyclables: Nothing in this chapter limits the right of any owner or occupant of a residential premises to compost green waste or to donate or sell recyclables generated in or on their residential premises or to transport those recyclables to a recycling facility. A self-haul permit is not required for a generator to transport his or her recyclables to a recycling facility.

D. Ownership Of Materials: Upon the placement of solid waste, organics or recyclables in a container for collection by the franchisee at the collection point, said materials become the property of franchisee.

E. Unlawful Disposal And Collection Of Solid Waste, Organics Or Recyclables:

1. No person may deposit solid waste or containers upon any street, alley, gutter or parkway, or upon any lot or vacant area or other public place or way other than as provided in this chapter.

2. No person shall tamper with, modify, scavenge from or deposit solid waste, organics, or recyclables in any solid waste, organics or recyclables container which has not been provided for his or her use, without the permission of the occupant of the premises where the container is located.

3. Except as otherwise authorized in this chapter, no person shall collect solid waste, organics or recyclables from residential premises within the City.

F. Obstruction Of Franchisee Unlawful: It shall be unlawful for any person, their agents or employees to hinder, threaten, impede, or obstruct the franchisee in the performance of its duties.

(Ord. 1584, 6-18-2019; amd. Ord. 1669, 3-4-2025)

A. Solid Waste Carts: Occupants of residential premises receiving individual collection services must place solid waste in the solid waste carts provided by the franchisee.

B. Recyclables Carts: Occupants of residential premises shall separate recyclables from solid waste and organics and place recyclables in the recyclables carts provided by the franchisee. In the case where the occupant of the premises is not the owner, the owner is responsible to instruct the occupant in proper separation and placement of recyclable materials from solid waste and organics.

C. Organics Carts: Occupants of residential premises shall separate organics from solid waste and recyclables and place organics in the organics carts provided by the franchisee. In the case where the occupant of the premises is not the owner, the owner is responsible to instruct the occupant in proper separation and placement of organics from solid waste and recyclables.

D. Filling Of Carts And Containers: No occupant of either residential or commercial premises shall fill any cart or container with solid waste, organics or recyclables above the top of the cart or container so as to permit the contents of any container to be blown or otherwise strewn about.

E. Proper Placement Of Carts For Collection: Carts used at any residential premises for the purpose of collection of solid waste, organics or recyclables shall be placed on the street against the curb in front of the premises occupied by the person depositing the same as directed by the franchisee, unless the owner or occupant has contracted with the franchisee for backyard service or roll-out service. Where no street curb exists, the carts shall be placed not more than two feet (2') from the outside edge of the street nearest the property's entrance. When the premises are adjacent to a paved alley of sufficient width to allow easy passage of the collection trucks, the containers may be placed within two feet (2') of the property line of the premises and must be readily accessible for collection from the alley.

F. Timing Of Placement And Removal Of Carts: Occupants shall not place carts at the curb for collection by franchisee at any time other than the days established by the franchisee for the collection of such solid waste, organics or recyclables, or earlier than five o'clock (5:00) P.M. on the day preceding the day designated by the franchisee for collection. All carts shall be removed from the place of collection prior to ten o'clock (10:00) P.M. of the day the carts have been emptied and, whenever possible, stored in a location screened from public view.

G. Supervision And Cleaning Of Carts: Each occupant of a residential premises shall maintain supervision over carts on their premises. Occupants shall maintain carts in a reasonably clean, sanitary condition.

H. Unauthorized Tampering And Removal Of Contents: No person, other than the waste generator or any waste generator employee, or an officer or employee of the franchisee, or any person holding a City-issued permit for the collection or disposal of solid waste, shall tamper or meddle with any cart or container or the contents thereof, or remove the contents of the cart or container, or remove the cart or container from the location where the same shall have been placed by the waste generator. (Ord. 1584, 6-18-2019)

Collection and removal of solid waste, organics and recyclables from residential premises by the franchisee shall be made in accordance with the terms and conditions of this chapter and the agreement between the City and the franchisee. (Ord. 1584, 6-18-2019)

A. Except as expressly provided in this section, it is unlawful for any person to collect or transport solid waste, recyclables, or organics within the City unless such person is a franchisee or holds a valid temporary roll-off/bin service permit issued by the City. If recyclables are hauled by other than the franchisee, the City may require the generator to provide an affidavit demonstrating that no additional fees relating to the collection of recyclables have been charged.

B. Unless the collection and transportation are exempted under this section, it is unlawful for any person to permit, allow or enter into any agreement whatsoever for the regular collection or transportation of solid waste, organics or recyclables with any person who is not a City franchisee. Furthermore, it is unlawful for any person to permit, allow or enter into any agreement whatsoever for the provision of temporary roll-off/bin services by a person that is not the holder of a valid temporary roll-off/bin service permit issued by the City.

C. The collection and transportation of the following types of solid waste, organics and recyclables are exempted from the requirements of subsections A and B of this section:

1. Green waste, landscape and pruning waste, or nonhazardous wood waste removed from a premises by a gardening, landscaping or tree trimming contractor as an incidental part of a total service offered by that contractor rather than as a transportation service and for no additional or separate fee.

2. Tree trimmings, clippings and all similar materials generated at parks and other City-maintained premises, which may be collected and transported by the City to the disposal site or processing facility.

3. Hazardous or dangerous materials; liquid and dry caustics; acids; biohazardous, flammable and explosive materials; insecticides; and similar substances.

4. Infectious medical waste 1 .

5. Byproducts of sewage treatment, including sludge, grit and screenings.

6. Recyclables which are source-separated at any premises by the waste generator and donated to youth, civic, or charitable organizations.

7. Source-separated recyclable materials which are transported by a generator who is recycling under the California Beverage Containers Recycling Litter Reduction Act 2 .

8. Solid waste transported by a generator in accordance with a valid self-haul permit issued pursuant to this chapter.

9. Construction and demolition debris which is removed from any premises by the waste generator, using his/her/its own vehicles and which is transported personally by the owner or occupant of such premises, or by his or her employees.

10. Construction and demolition debris hauled by the property or business owner using their own vehicles and their own employees.

11. A licensed contractor removing items for reuse or recycling which is incidental to work performed at a project construction site and as defined under diversion requirements if the contractor: a) uses his or her own employees and vehicles for this purpose, and b) maintains no bins or boxes at the site which are detachable from the vehicle.

12. Materials generated by public schools.

13. Large, bulky or heavy items that the City's franchisee does not pick up or does not pick up on a weekly basis.

14. Removal of large amounts of solid waste to address health and safety concerns such as hoarding.

(Ord. 1584, 6-18-2019; amd. Ord. 1669, 3-4-2025)

From time to time, the City Council shall establish by resolution rates that franchisees may charge owners or occupants of one- and two-family dwelling units for the collection, processing and/or disposal of solid waste, organics and recyclables. Prior to adopting the resolution establishing the rate, the City Council shall hold a public hearing. (Ord. 1584, 6-18-2019)

Each owner or occupant receiving collection services from the franchisee shall be billed by the franchisee periodically in accordance with the rates established by the franchise agreement and approved by the City Council. If an owner or occupant fails, refuses or neglects to pay the bill, then a penalty may be added to the bill and the sum, together with any costs incurred by the franchisee, may be recovered by the franchisee as provided by law, including Government Code section 54348. If an occupant fails to pay the bill, the owner shall be responsible for the payment. (Ord. 1584, 6-18-2019)

If there is no payment of a bill after sixty (60) days or more, the franchisee shall undertake collection of the bill (including penalties and expenses of collection) for a period of one year from the invoice date. Franchisee shall make reasonable efforts to obtain payment through issuance of late payment notices, telephone requests for payment, and assistance from collection agencies (who shall make at least 2 attempts at collection). If the franchisee's collection efforts for a one-year period fail, and franchisee can demonstrate to the City that it attempted on at least five (5) occasions to solicit moneys due from each delinquent account, then the franchisee may assign its rights to collection (including penalties and expenses of collection) to the City. The City may then, at its discretion, initiate any collection procedures authorized by law, including those special assessment procedures authorized by Government Code sections 38790.1 and 25831. If the City collects the delinquent amount, it shall pay the collected moneys to franchisee after deducting City's administrative costs and costs of collection. (Ord. 1584, 6-18-2019)

A. Permit Required: The person in charge of a residential premises may apply for and obtain a permit to self-haul, and shall not self-haul without a valid self-haul permit issued pursuant to this section unless otherwise expressly authorized in this chapter. Every person in charge of a residential premises who desires to self-haul in lieu of making arrangements with the solid waste franchisee for solid waste handling services shall obtain a self-haul permit from the Public Works Director prior to commencing self-hauling. For purposes of this section, "residential premises" refers to one- and two-family dwelling units.

B. Term: A permit to self-haul shall be good for one calendar year, or such part of the calendar year that is remaining after the issuance of the permit. All self-haul permits shall expire on December 31, and may be renewed annually. Application for a renewal permit must be filed at least sixty (60) calendar days prior to the expiration date of the permit to allow adequate time for processing, inspection and verifications required to issue the permit.

C. Issuance Of Permit: An applicant for a self-haul permit shall submit a completed application, on a form approved by the City's Public Works Director, to the Public Works Department. The Public Works Director shall determine whether the application is complete within five (5) business days of the receipt of the application. If the Public Works Director finds the application incomplete, the applicant shall be given a list of information needed to complete the application.

Once an application for a self-haul permit is complete, the applicant shall produce the items listed in subsections C1 through C7 of this section. The Public Works Director shall issue a self-haul permit within five (5) working days of the production of all of the required items.

1. The applicant must produce for inspection the vehicle the applicant intends to use for self-hauling, and the vehicle must meet the following standards:

a. The vehicle is capable of safely hauling a minimum of thirty two (32) gallons (4.3 cubic feet) of solid waste, recyclables and organics in a safe and sanitary manner so that such matter will not spill; and

b. If the vehicle is not fully enclosed, the applicant must produce a tarp or other material, device or mechanism that is demonstrated to completely secure the materials being self- hauled;

2. The applicant must produce evidence that he or she owns or leases the vehicle produced for inspection or has a written agreement to use the vehicle for self-hauling with the vehicle's owner or lessor;

3. The applicant must produce evidence that he or she has a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the State of California;

4. The applicant must provide the City with proof of automobile insurance for the vehicle;

5. The vehicle must be operational and meet all applicable Vehicle Code standards;

6. The applicant must provide the City with proof that the applicant has containers for the storage of solid waste, recyclables and organics on the applicant's premises before the materials are hauled to a disposal facility;

7. The applicant must not have any outstanding charges due to the City's solid waste franchisee for solid waste handling services previously received at the premises for which the self-hauling permit application is being submitted; and

8. The applicant must pay the fee for a self-haul permit authorized by resolution of the City Council. The fee shall reflect the City's reasonable costs of issuing and monitoring compliance with the permit. Permits issued between January 1 and March 31 shall pay one hundred percent (100%) of the permit fee; permits issued between April 1 and June 30 shall pay seventy five percent (75%) of the permit fee; permits issued between July 1 and September 30 shall pay fifty percent (50%) of the permit fee; permits issued between October 1 and December 31 shall pay twenty five percent (25%) of the permit fee.

D. Appeal Of Denial: An applicant whose application for a self- haul permit has been denied may appeal that decision to the City Manager. The appeal must be made on a form approved by the Public Works Director. An appeal must be filed within ten (10) calendar days of the date the applicant was notified of the denial. The City Manager shall issue a written decision within ten (10) business days of the effective date of the appeal. The decision of the City Manager shall be final.

E. Operational Standards/Permit Conditions:

1. The permittee must dispose of solid waste weekly at a licensed or permitted landfill or disposal facility and shall procure and retain weekly receipts from such landfill or other disposal facility. Receipts shall be submitted to the City upon request. Failure to show proof of solid waste disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit City to revoke the permittee's self-haul permit.

2. The permittee must notify the City of any change in the vehicle being used to haul solid waste by the permittee. The permittee must bring the new vehicle in for an inspection and demonstrate compliance with subsections C1 through C5 of this section before the new vehicle is used to haul any solid waste under the permit.

3. The permittee must keep on file with the City copies of the current automobile insurance and registration for the vehicle used to self-haul and the permittee's current California driver's license.

4. The permittee must separate and bag solid waste, recyclables and organics. Recyclables must be disposed of at a licensed or permitted recycling center, materials recovery facility, or transfer station. Organics must be disposed of at a licensed or permitted composting facility, organics processing facility, or must be composted on the premises covered by the self-haul permit.

5. The permittee must maintain, on a rolling basis, original records showing, for the immediately preceding twelve (12) months, the type and weight of all solid waste collected (categorized by solid waste, organics, and recyclables) and the disposal site, recycling facility, organics processing facility or other final destination of each load transported (categorized by solid waste, recyclables, and organics). Copies of these records must be submitted to the Public Works Director upon request.

6. The permittee must submit quarterly reports to the Public Works Director showing the type and weight of solid waste collected (categorized by solid waste, recyclables, and organics), the final destination of each type of waste, and the receipt number (provided by the final destination) for each load of solid waste, recyclables, and organics collected. All such reports must be submitted on a form approved by the Public Works Director.

7. The permittee is liable for any damages and cleanup costs resulting from any solid waste, recyclables or organics spills during the course of the permittee's self-hauling activity.

F. Revocation Of Permit: The self-haul permit shall be subject to revocation if the permittee violates any provision of this chapter. A notice of revocation shall be mailed to the permittee informing him/her that the self-haul permit is being revoked, identifying the violations of this chapter that have occurred, and informing the permittee that he or she has the right to dispute the revocation by an appeal to the City Manager. An appeal of a revocation must be filed within ten (10) calendar days of the mailing of notice of the revocation. A revocation appeal hearing will be scheduled within ten (10) business days of the date the City receives the request for an appeal. Revocation of the permit will be stayed upon filing of an appeal in accordance with this section. The stay will remain in place until a final decision is issued by the City Manager. The City Manager will issue a decision on the appeal within five (5) business days of the hearing and provide the permittee written notice of the decision. The decision of the City Manager on the appeal shall be final. A person whose self-haul permit has been revoked pursuant to this subsection may not obtain another self-haul permit for one year from the date of the revocation. (Ord. 1584, 6-18-2019)

City solid waste, organics and recyclables containers are placed in City parks and other public areas for the use by the public to control trash, litter and garbage generated at their respective locations. Such containers are not to be used as disposal sites for trash or rubbish which is generated off site. It is unlawful for any person to place, dump, deposit, or throw away solid waste, organics or recyclables, or other refuse or debris of any kind or character whatsoever in City containers if such was generated at a location other than where the container is located. (Ord. 1584, 6-18-2019)

It is unlawful for any person to set fire to, ignite or burn any standing or uncut dry grass, weeds, brush or vegetation on any lot or premises within the City. (Ord. 1584, 6-18-2019)

A. Mandatory Recycling Services:

1. On and after April 1, 2016, a business or a multi-family residential dwelling that generates eight (8) cubic yards or more of organics per week must arrange for recycling services specifically for organics in the manner specified in subsection B of this section.

2. On and after January 1, 2017, a business or a multi-family residential dwelling that generates four (4) cubic yards or more of organics per week must arrange for recycling services specifically for organics in the manner specified in subsection B of this section.

3. On and after January 1, 2019, a business or a multi-family residential dwelling that generates four (4) cubic yards or more of commercial solid waste, as defined in Public Resources Code section 42649.1, per week, must arrange for recycling services specifically for organics in the manner specified in subsection B of this section.

4. On or after January 1, 2020, if the Department of Resources Recycling and Recovery determines that Statewide disposal of organic waste has not been reduced to fifty percent (50%) of the level of disposal during 2014, a business that generates two (2) cubic yards or more per week of commercial solid waste must arrange for the organics recycling services specified in subsection A3 of this section, unless the department determines that this requirement will not result in significant additional reductions of organics disposal.

5. For purposes of this section, "multi-family residential dwelling" means a dwelling of five (5) units or more, including, without limitation, condominiums, apartments, and townhomes. The term does not include dwellings of four (4) or fewer units.

B. Actions Required: A business or a multi-family residential dwelling subject to subsection A of this section must take at least one of the following actions:

1. Source separate organics from other waste and subscribe to a basic level of organics recycling service that includes collection and recycling of organics.

2. Recycle its organics on site or self-haul its own organics for recycling.

3. Subscribe to an organics recycling service that may include mixed waste processing that specifically recycles organics.

4. Sell or donate its recyclable organics to a person or entity authorized by law to receive such waste.

C. Food Waste Generated By Dwelling: Notwithstanding the foregoing, a multi-family residential dwelling is not required to arrange for the organics recycling services specified in subsection B of this section for food waste that is generated by the dwelling.

D. Recycling Services Required: Property management companies that contract for trash service for any commercial, institutional, or multi-family properties subject to this chapter are required to contract or otherwise make available recycling services to comply with this section.

E. Reports And Policy Compliance Required: Any business or multi- family residential dwelling subject to this chapter must:

1. Report to the City of El Segundo on an annual basis the action the business or dwelling has taken pursuant to subsection B of this section; the amount of commercial solid waste and organics that the business or dwelling generates per week; the amount of organics recycled per week, and any other information required by the City to comply with its State mandated reporting requirements.

2. Comply with the City's mandatory commercial organics recycling policy, adopted by the City Council and which may be amended by the City Manager.

F. Exemptions:

1. Any business or multi-family dwelling subject to this section may apply for an exemption from the requirements of this section. The City Manager or designee may grant either a temporary or permanent exemption for any of the following reasons:

a. Lack of sufficient space in multi-family complexes or businesses to provide additional organic material recycling bins.

b. The current implementation by a business of actions that result in the recycling of a significant portion of its organics.

c. The business or group of businesses does not generate at least one-half (1/2) of a cubic yard of organics per week.

d. Extraordinary and unforeseen events, in which case a temporary exemption only may be granted.

2. The City Manager's or designee's decision may be appealed to the City Council within ten (10) days of the decision. The City Council's decision shall be final.

G. Violation: Any violation of this section is punishable as an infraction pursuant to section 1-2-3 of this Code. The City may enforce this section by administrative citation or any other remedy available to the City under law and it is within the discretion of the City to seek cumulative remedies.

H. Fees: The City Council may establish fees for its costs of enforcing this section by resolution. (Ord. 1584, 6-18-2019)

A. Mandatory Arrangements for Collection and Removal: The owner or occupant of each commercial and multi-family premises is required to make arrangements for the regular removal of all solid waste, organics, and recyclables accumulated on such premises. Effective April 1, 2025, no owner or occupant of a commercial or multi-family premises shall employ another, other than a City franchisee, to collect solid waste, organics or recyclables generated on the premises. No owner or occupant of a commercial or multi-family premises may employ a temporary roll-off/bin service permittee for the regular collection of solid waste, organics, or recyclables. For purposes of this section, "multi-family premises" refers to a building containing three or more dwelling units designed or arranged for occupancy by three (3) or more households living independently in which they may or may not share common entrances and/or other spaces. If a property contains both commercial and multi-family residential premises, the owners or occupants of the residential component of the premises must independently contract with a franchisee for the regular collection and removal of solid waste, organics, and recyclables in accordance with this chapter.

B. Mandatory Arrangements for Bulky Item Pickup-Multi-Family Premises: The owner, manager, or association in charge of each multi-family premises is required to make arrangements for the pickup, on an as-needed basis, of bulky items that are discarded on the premises. Said arrangements must be made with a City franchisee and within one business day of the bulky item(s) having been discarded/abandoned on the premises.

(Ord. 1584, 6-18-2019; amd. Ord. 1619, 9-15-2020; Ord. 1669, 3-4-2025)

A. Franchise Required: Effective April 1, 2025, no person shall collect solid waste from any commercial or multi-family premises in the City and transport it over the public streets or highways unless such person is a City franchise, the holder of a valid temporary roll-off/bin service permit issued by the City, or an exemption set forth in this section applies. For purposes of this section, and unless otherwise specified, "multi-family premises" refers to a building containing three or more dwelling units designed or arranged for occupancy by three (3) or more households living independently in which they may or may not share common entrances and/or other spaces.

B. Exemptions: The requirement to obtain a franchise or temporary roll-off/bin service permit under this section does not apply to any of the following:

1. The collection and transport of solid waste by the owner or occupant of the real property where the solid waste was generated.

2. The collection and transport of solid waste that is generated on real property in the course of a service provided to the owner or tenant of that property by a building contractor or landscape contractor, if the solid waste is collected and transported by the contractor.

3. The collection and transport of solid waste under a valid Federal or State permit if the Federal or State permit requirement preempts the franchise or temporary roll-off/bin service permit requirement under this section.

4. The collection and transport of solid waste generated at a publicly operated wastewater treatment facility.

5. Disposal of large, bulky or heavy items that are not a byproduct of materials generated by a business or tenant or are not customarily part of the property's solid waste generation.

C. Vehicle Inspections; Standards:

1. All vehicles proposed to be used for collection and transport of solid waste pursuant to a City franchise or a City-issued temporary roll-off/bin service permit must be made available for inspection by the Public Works Director or his/her designee at a location within the City determined by the Public Works Director. The vehicle must be made available for inspection within two business days of the inspection request and at a location designated by the Public Works Director.

2. All vehicles proposed to be used for collection and transport of solid waste pursuant to the franchise or the temporary roll-off/bin service permit must comply with the following minimum standards:

a. The vehicle must be designed, constructed, and configured for safe handling and to securely contain the type of solid waste proposed to be collected; and

b. The vehicle must be prominently marked with the name and telephone number of the franchisee/permitee.

D. Temporary Roll-Off/Bin Service Permits-Application: A person may apply for a temporary roll-off/bin service permit by submitting an application to the Public Works Department and paying an application fee established by resolution of the City Council. The application must be made using a form approved by the Public Works Director and include all of the following:

1. The full legal name, address and telephone number(s) of the applicant. If the applicant is a sole proprietor who will operate under a fictitious business name, the applicant must provide a copy of a valid fictitious business name statement for the business. If the applicant is a business entity, the applicant must provide written documentation that the entity may lawfully conduct business in the City.

2. Identification of all vehicles proposed to be used in the collection and transport of solid waste under the permit, including legible copies of valid California registration cards for each vehicle. The Public Works Director may require inspection of any such vehicles prior to issuing a permit or at any time during the life of the permit.

3. Proof of possession of a valid motor carrier identification number in good standing issued under California Vehicle Code section 34507.5, if applicable.

4. Identification of the facilities to which the collected waste will be transported.

E. Issuance of Temporary Roll-Off/Bin Service Permit; Grounds for Denial:

1. After receipt of an application, payment of a permit fee established by the City Council by resolution, and a valid certificate of liability insurance issued to the applicant that conforms to the coverage requirement set forth in this section, the Public Works Director shall issue a temporary roll-off/bin service permit to the applicant unless any of the following grounds for denial exists:

a. The application is incomplete or inaccurate.

b. A permit issued to the applicant under this section has been revoked within twelve (12) months prior to the date of application.

c. The applicant has failed to pay an outstanding fine.

d. The Public Works Director determines that a vehicle proposed to be used in the collection and transport of solid waste pursuant to the permit does not conform to the minimum standards set forth in this section.

2. The Public Works Director shall provide written notice to the applicant of any denial of a permit under this section and the reasons for the denial.

3. A permit issued pursuant to this section will include, without limitation:

a. The name of the permittee.

b. A list of all vehicles, by license plates and vehicle identification numbers, that may be used pursuant to the permit.

c. The effective and expiration dates of the permit. Each permit will be issued for a twelve (12)-month period and may be renewed annually provided there are no grounds for denial pursuant to this section.

F. Permit Conditions; Responsibilities of Permittees: The following conditions/responsibilities apply to all temporary roll-off/bin service permittees:

1. The permittee must comply with all applicable laws and regulations.

2. A copy of the permit must be kept in each vehicle used for solid waste collection and transportation under the permit and produced upon request by any peace officer.

3. Each motorized vehicle used for solid waste collection or transportation under the permit must be marked with the name and telephone number of the permittee. Markings must be in sharp contrast to the background and of such size as to be readily visible during daylight hours from a distance of fifty feet (50'). Markings must be applied to each sidewall of the motorized vehicle.

4. Each vehicle used for solid waste collection or transportation under the permit must be regularly maintained and cleaned. Each vehicle must be made available for inspection by the Public Works Director or his/her designee at a location within the City. The vehicle must be made available for inspection within two (2) business days of the inspection request.

5. Each vehicle used for solid waste collection and transportation under the permit must carry proof of liability insurance coverage in the amounts required by this section.

6. Each bin or roll-off that is used by the permittee in the course of operations under the permit must be marked with the name and telephone number of the permittee. All bins and roll-offs must be maintained in a clean and safe condition.

7. The permittee must bill each customer directly for all services provided.

8. A permittee may not place any portion of a roll-off or bin within any portion of any public right-of-way unless an encroachment permit has been issued by the City to the customer or to the permittee authorizing placement of the roll-off or bin within the right-of-way.

9. Permittee must ensure that a minimum of sixty-five percent (65%) of non-hazardous construction and demolition debris collected must be recycled, reused, or salvaged for reuse in accordance with SB 1383 and its implementing regulations. Any waste collected that is not construction and demolition debris is subject to the minimum diversion requirements set forth in this Code and state law, whichever is stricter.

10. A permittee may provide temporary roll-off/bin service only for the following temporary, project-type activities: construction, demolition, and/or clean-up. A permittee may not provide temporary roll-off/bin service to any customer for any other purpose without the prior approval of the Public Works Director or his/her designee.

11. All waste collected by the permittee must be hauled by permittee to a state- or county-certified facility that is not on the City's list of prohibited facilities. The most current list of prohibited facilities may be obtained from the Public Works Director.

12. The permittee must maintain, on a rolling basis, original records showing, for the immediately preceding twelve (12) months, the type and weight of all solid waste collected (categorized by project type as represented by the customer-i.e., construction, demolition, and/or clean-up), the location where each load of waste was collected, the final destination of each load collected (name of certified facility), and the quantity of collected waste (by weight and percentage) that has been diverted from landfills. Copies of these records must be submitted to the Public Works Director upon request.

13. The permittee must submit quarterly reports to the Public Works Director stating the total number of customers serviced, categorized by project type (construction, demolition, and/or clean-up); the customer list of premises/businesses from which waste was collected; the level of service provided to each customer, including type and weight of solid waste collected, the number and size of containers used, the frequency of service (number of times the container was serviced during the temporary project), the final destination of each container of waste collected, and the quantity of collected waste (by weight and percentage) that has been diverted from landfills. All such reports must be submitted on a form approved by the Public Works Director.

G. Insurance Requirements: At all times while doing business in the City, each permittee must have and maintain commercial general liability insurance with coverage at least as broad as Insurance Services Offices form CG 00 01 and with limits no less than one million dollars ($1,000,000.00) per occurrence and one million dollars ($1,000,000.00) in the aggregate. Prior to providing any temporary roll-off/bin services in the City, Permittee must provide certificates and required endorsements to the City as evidence of the insurance coverage required herein. The City of El Segundo, its elected and appointed officers, officials, agents, employees, and volunteers must be listed as additionally insured. Permittee's insurance coverage must be primary insurance and/or primary source of recovery with respect to City, its elected and appointed officers, agents, officials, employees, and volunteers with respect to all claims, losses or liability arising directly or indirectly from the Permittee's operations or services provided in the City.

H. Revocation:

1. Grounds For Revocation: A permit issued pursuant to this section may be revoked by the Public Works Director in accordance with the procedures set forth herein if the Public Works Director determines that:

a. The permittee has failed to comply with a term or condition of operation under the permit;

b. The permittee's conduct under the permit constitutes a nuisance; or

c. During the permit period, the permittee collected and transported solid waste that another person had an exclusive right or privilege to collect and transport pursuant to a valid franchise agreement.

2. Notice: The Public Works Director will provide written notice of intent to revoke a permit to the permittee at the address provided on the permittee's application. The notice will state all applicable grounds for the revocation and the permittee's right to a hearing under this section.

3. Hearing: Within fifteen (15) calendar days after the date of the notice of intent to revoke, the permittee may request a hearing before the Public Works Director by completing and submitting a written hearing request form. The hearing will be set for a date no sooner than twenty (20) days and no later than forty-five (45) days following the date of the written request for hearing.

4. Effective Date: If no hearing is timely requested, the revocation is effective fifteen (15) days after the date of the notice of intent to revoke. If a hearing is held, the Public Works Director shall issue a written decision within ten days of the hearing. Notice of the written decision shall be provided to the permittee by regular mail at the address indicated on the permit and the notice shall be effective two (2) business days after it is deposited in the United States mail. The decision of the Public Works Director will become effective when the time to appeal to the City Council expires, unless an appeal to the City Council is timely filed.

5. Appeal of Revocation to the City Council: Any permittee whose permit is revoked under this section shall have the right, within ten calendar days after notice of the Public Works Director's decision is provided, to file a written appeal to the City Council. Any such appeal must be made on a form provided by the Public Works Director and must set forth the specific ground or grounds on which it is based. The City Council shall hold a hearing on the appeal within forty-five (45) days after its receipt by the City, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten (10) days' written notice of such hearing. At the hearing, the appellant or its authorized representative will have the right to present evidence and a written or oral argument, or both, in support of its appeal. The determination of the City Council on the appeal shall be final.

J. Prohibitions:

1. No person shall engage the service of a person for compensation to collect solid waste from any commercial or multi-family premises in the City and transport it over a public street or highway in the City unless the person whose service is engaged is a City franchisee, holds a valid temporary roll-off/bin service permit issued by the City, or is exempt from the permit requirement.

2. Unless specifically exempt from both the franchise and temporary roll-off/bin service permit requirements pursuant to this section, no person shall collect solid waste from any commercial or multi-family premises in the City and transport it over a public street or highway in the City without a City franchise or temporary roll-off/bin service permit.

3. No person subject to the franchise or temporary roll-off/bin service permit requirement in this section shall transport solid waste to any location other than:

a. A solid waste facility that is lawfully operated under all required State and local permits, registrations, and enforcement agency notifications;

b. A recycling facility that, as its principal function, receives wastes that have already been separated for recycling and are not intended for disposal, and is lawfully operated in accordance with all applicable laws and regulations; or

c. An organics recycling facility that is lawfully operated in accordance with all applicable laws and regulations.

(Ord. 1584, 6-18-2019; amd. Ord. 1619, 9-15-2020; Ord. 1669, 3-4-2025)