Fremont Municipal Code Art. III Collection and Transportation

No person shall collect, transport or convey municipal solid waste, recyclables, or organics that have been produced, generated, kept, or accumulated within the city, or permit the collection, transportation, or conveyance of such municipal solid waste, recyclables, or organics, unless the person providing such service has obtained a contract or franchise from the city granting such person the privilege of carrying on all or any part of such activities, and such person must comply with the city’s municipal code. The franchise collector operating under exclusive franchise agreement with the city is the sole authorized collector of municipal solid waste, recyclables, and organics within the city and all such municipal solid waste, recyclables, and organics collected must be delivered to the designated facilities. The franchise collector must comply with city’s municipal code, including all administrative rules and procedures promulgated herein. No other person shall charge or accept any fee or other remuneration whatsoever for the collection, transportation, conveyance and/or disposal of municipal solid waste, recyclables, or organics.

Nothing in this section shall prevent a person engaged in the business of construction or demolition from self-hauling construction and demolition debris from such activity; provided, that such debris removal is provided incidentally to construction or demolition work performed by that person. Nothing in this section shall prevent self-haul by customers of sudden and unusual accumulation of MSW which substantially exceeds the capacity of the collection containers to which the customer has subscribed; provided, that such materials are transported to the designated disposal facility in a manner which ensures against leaks, spills or other escape during transport. Any vehicle used to haul materials to the designated disposal facility that has a total bed length of eight feet or more must be weighed at the facility prior to and after disposal of the hauled materials. Nothing in this section shall prohibit any generator from selling that generator’s recyclables in a bona fide sale where the generator does not incur any cost or charge for the collection, transportation, processing or any other service; or donating such recyclables to a nonprofit organization, as defined herein. Nothing in this section shall prohibit a person engaged in the business of landscaping from self-hauling landscape debris in the course of work performed. (Ord. 11-2021 § 1, 11-16-21.)

No collector within the city shall dispose of recyclables at a landfill, or otherwise recombine such materials with municipal solid waste. (Ord. 11-2021 § 1, 11-16-21.)

All rights to recyclables shall pass to the franchise residential recyclables collector, or, regarding commercial recyclables, to the collectors, when such recyclables are placed in the designated recyclables container(s) and set out at the collection location established for collection by the collectors. It shall be unlawful for any person other than the collectors to collect or remove recyclables from such designated recyclables collection locations. Any and such removal or collection in violation hereof shall constitute a separate and distinct infraction. Nothing in this section shall be deemed to limit the right of the collector to bring a civil action against any person who violates this section. (Ord. 11-2021 § 1, 11-16-21.)

The city shall have the authority and discretion to designate from time to time the materials or types of materials that shall be classified and collected as municipal solid waste, recyclables and organics, respectively, if it determines that such designation or redesignation is in the public interest, including but not limited to a determination that such designation or redesignation would be prudent in light of changes in methods, technology and/or markets for materials recovery. (Ord. 11-2021 § 1, 11-16-21.)

Any person providing any service, function or activity governed by this chapter who has obtained a business license from, or entered into a contract or franchise agreement with, the city shall fully comply with the terms of such franchise agreement, contract, business license as well as with the provisions of this chapter, and the administrative rules promulgated herein. Nothing contained in, or absent from, the provisions of this chapter shall relieve any such person of any obligation contained in such franchise agreement, contract, or business license, nor shall the fact of such franchise agreement, contract, business license in any way relieve such person from the obligation to comply with the Fremont Municipal Code and other applicable law. (Ord. 11-2021 § 1, 11-16-21.)

Without limiting the provisions of Section 8.40.270, the franchise collector shall provide the following services as delineated in the franchise agreement and comply with those requirements unless otherwise directed by the city:

(a) Collect municipal solid waste, recyclables and organics from single-family dwelling residential customers at curbside on a weekly basis;

(b) Provide alternative MSW collection service, utilizing overage bags and an alternative collection schedule, to single-family residential customers;

(c) Collect municipal solid waste, discarded recyclables and discarded organics from backyards or alleys at no additional charge for persons qualifying for such services under Section 8.40.150, and at an additional charge for other customers arranging for such service on a weekly basis;

(d) Provide overage containers and collect overages;

(e) Collect municipal solid waste, recyclables and organics from the premises of multifamily dwellings at least weekly, and more often as necessary to adequately serve the premises;

(f) Collect municipal solid waste, recyclables and organics, as applicable, from commercial generators at least weekly, or more often as agreed with the commercial generator;

(g) Provide, maintain and replace as necessary all containers and receptacles required for its municipal solid waste, recyclables and organics collection services, as described in the franchise agreement;

(h) Notify commercial customers and provide smaller containers on request, if and when it appears that the commercial customer has subscribed to container service greater than the volume of municipal solid waste, recyclables or organics actually produced;

(i) Collect municipal solid waste, recyclables and organics without charge from city-owned or city-operated sites, facilities and public receptacles;

(j) Provide two free collections of bulky goods per year for single-family residential properties, and additional bulky goods or construction and demolition debris collections at an additional charge, by arrangement with individual customers;

(k) Provide collection services in accordance with routes and schedules described in the franchise agreement;

(l) Maintain a business office within the city limits with service hours as described in the franchise agreement;

(m) Bill customers and collect payment for services provided, including billing and collecting payment of the city’s fees for administration of integrated waste management programs as provided in the franchise agreement; and

(n) Remit franchise fees and integrated waste management fees to the city, along with reports required under the franchise collector’s agreement with the city as described in the franchise agreement. (Ord. 11-2021 § 1, 11-16-21.)

No person shall collect municipal solid waste, recyclables, organics or other discarded materials in or adjacent to a residential area before 6:00 a.m. or after 6:00 p.m. For purposes of this section, “residential area” excludes mixed-use development areas that contain or include residences. Collection services for municipal solid waste, recycling, and organic materials may be scheduled at times with routes and schedules determined by the director in all mixed-use development areas, including those areas with a transit-oriented development overlay (TOD). Under special circumstances including issues of operational safety, efficiencies and access, the director may approve an earlier collection start time. The director may also temporarily change residential collection hours to accommodate special events or circumstances. (Ord. 11-2021 § 1, 11-16-21.)

Any person engaged in the business of collection, transportation, conveyance, processing or disposal of municipal solid waste, recyclables, organics, or other discarded materials shall ensure that every vehicle and container or receptacle used in its business within the city is clearly and prominently marked for proper separation of materials and with the name and telephone number of such person. Each vehicle also shall be marked with a unique vehicle number developed by the person employing the vehicle in its business. (Ord. 11-2021 § 1, 11-16-21.)

No person engaged in the collection, handling, transport, conveyance, storage, processing or disposal of municipal solid waste, organics, recyclables, or other waste or discarded materials shall use the name “Fremont,” “city” or “city of Fremont” in that person’s company name, or on any vehicle, container or other equipment associated with such activities, without the prior express written authorization of the director. The granting of a franchise, contract or business license shall not alone constitute authorization to use the city name. In no event shall any person engaged in such activities, other than an employee or division of the city, represent that that person is an agent or employee of the city. (Ord. 11-2021 § 1, 11-16-21.)

Every person engaged in the business of collection, transportation, conveyance, processing or disposal of municipal solid waste, recyclables, organics, or other discarded materials shall maintain all vehicles and equipment employed in those activities in safe working order. Any vehicle employed in such activities shall be equipped with an adequate cover and such other features as may be required to prevent leakage, spillage, spray, overflow, outfall or any other escape of discarded materials from the vehicle. Any and all such vehicles and other equipment employed in such activities shall be washed at least on a weekly basis, and steam cleaned at such intervals as may be necessary to maintain them in a neat, safe and sanitary condition. The city shall have the right to inspect vehicles and equipment used in the city at such times as may be in the public interest. (Ord. 11-2021 § 1, 11-16-21.)

No person shall engage in collection or transportation of hazardous waste within the city without all applicable federal, state, and/or city permits and authorizations; nor shall any person dispose of hazardous wastes at any facility not authorized and prepared to receive such materials. No person engaged in the business of collecting municipal solid waste, recyclables and/or organics shall collect hazardous waste with such materials, except that the franchise collector may collect used motor oil in compliance with state law and the terms of its franchise agreement. Every person authorized by the city to engage in the business of collection, transportation or conveyance of municipal solid waste, recyclables, or organics shall implement a screening program designed to detect and prevent the collection of hazardous waste. (Ord. 11-2021 § 1, 11-16-21.)

Every person who collects, transports, or conveys municipal solid waste, recyclables, organics, or other discarded materials shall exercise all due care to prevent the spilling, leaking, or other escape of such materials from containers, receptacles, or vehicles. Any spillage, leakage, or other escape in the course of collection, transportation or conveyance shall be cleaned up immediately, or as promptly as feasible. The operator of a vehicle is responsible for responding to spills, including but not limited to spills of oil or other vehicle fluids, immediately or as promptly as feasible, and must notify the city of any spill of hazardous or potentially hazardous materials within 24 hours, unless earlier notification is required under applicable permits or state law. If the operator of the vehicle can do so without endangering himself or herself, or others, the operator shall stop the leak and clean up the spill and take all action possible to prevent spilled materials from entering sewers or storm drains. If the operator requires assistance in responding to any such spill, he or she shall take all safe and feasible action to contain the spill and prevent others from driving through or coming in contact with the spill until assistance arrives. (Ord. 11-2021 § 1, 11-16-21.)

(a) Upon request from the city, any collector of residential or commercial recyclables shall provide to the city the following information:

(1) The name, address and telephone number of the person (including, but not limited to, corporate persons) seeking to engage in that business. If the collector is a partnership, the name, address, and telephone number of each partner shall be provided. If the collector is a corporation, the information shall include the names, addresses and telephone numbers of both the corporation’s home offices and the regional office nearest the city of Fremont, if applicable. Collectors also shall set forth the names and addresses of the corporate officers who will be responsible for overseeing the activities to be undertaken by the collector;

(2) A list of all vehicles to be used in collection and/or transportation, including the license plate number; vehicle identification number; vehicle type, make and model; and capacity of each vehicle, as well as a description for each vehicle of its cover and other features to prevent spillage, overflow, outfall, leakage or other escape of materials or liquids from the vehicle;

(3) The type of commercial or residential recyclables to be collected, and the source or proposed source of such materials;

(4) The place or places of processing and/or sale of such recyclables, and a description of the anticipated end-use or processing to be conducted;

(5) The statement of the types of equipment, other than vehicles, to be used in collection and/or processing by the applicant, and a description of the age and condition of that equipment;

(6) A description of the manner, method and frequency of cleaning vehicles and equipment;

(7) Adequate proof of insurance in the types and amounts as set from time to time by the director;

(8) The applicant’s city of Fremont business license number and expiration date;

(9) A report containing the following information regarding recycling activities in the previous month:

(A) A description of the types of materials collected;

(B) The aggregate tonnage of materials collected;

(C) For each type of material collected, identification of the market or markets for such materials; their market price; the end use, if known, of materials sold; and

(D) The weight and manner of disposition of nonrecyclable materials; and

(10) The signature and title of the person submitting the information.

(b) Upon city’s request, the collector shall provide to the community services director or designee a report containing the information specified in subsection (a)(9) of this section regarding the previous month’s recycling activities. Failure to comply with all of the requirements of this section shall constitute an infraction, and shall be grounds for revocation of a collector’s status as a collector. (Ord. 11-2021 § 1, 11-16-21.)

A landscaping contractor that transports landscape debris by self-haul shall keep a record of the amount of landscape debris delivered to each solid waste facility, operation, activity, or property that processes or recovers landscape debris. This record shall be subject to inspection upon request by the city. The records shall include the following information:

(a) Delivery receipts and weight tickets from the entity accepting the landscape debris.

(b) The amount of material in cubic yards or tons transported by the landscaping contractor to each entity by date.

(c) If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the self-haul vehicle in a manner that allows it to determine the weight of materials received, the landscape contractor is not required to record the weight of material but shall keep a record of the entities that received the landscape debris by date. (Ord. 11-2021 § 1, 11-16-21.)

Every person who removes municipal solid waste, recyclables, organics or other collection containers from a trash enclosure for servicing shall return all collection containers to that enclosure after the containers have been serviced, and lids of all collection containers shall be restored to closed or covered condition. (Ord. 11-2021 § 1, 11-16-21.)

The city manager is authorized to promulgate administrative rules and procedures needed to implement this chapter. (Ord. 11-2021 § 1, 11-16-21.)