Chapter 4 — SOLID WASTES AND RECYCLABLES

This Chapter shall be known and may be cited as the Solid Waste Handling and Recycling Services Provisions of the City.

(Ord. 264, 3-22-93; 1994 Code)

A.

The City Council finds and determines as follows:

In order to meet the requirements of the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq.), including source reduction of the solid waste stream, diversion of solid waste from landfills and conservation of natural resources, it is necessary to regulate the collection of solid waste, and to encourage recycling of solid waste materials.

The storage, accumulation, collection and disposal of solid waste, including without limitation garbage, trash, debris and other discarded materials is a matter of substantial public concern in that improper control of these matters may create a public nuisance, air pollution, fire hazard, rat and insect infestation and other problems adversely affecting the public health, safety and welfare.

Regulation of the collection of garbage, refuse and other discarded materials from all residential and commercial properties within the City will provide the most orderly and efficient solution to these problems and will promote the public health, safety and welfare.

The regulation of solid waste handling services in the City will also promote the public health, safety and welfare by requiring the use of newer and safer vehicles, the regular maintenance of those vehicles, and the reduction of spillage and litter on the public streets, by establishing responsibility for the cleaning of refuse bins and containers, and by providing for accountability to the public.

The public health, safety and welfare will best be served by providing for one or more franchises for residential and nonresidential refuse collection services, subject to the limited continuation rights of certain existing collectors which are providing solid waste handling services pursuant to permits previously authorized by the City and which are qualified, under Public Resources Code Sections 49520 and 49521, to continue those services for up to five years following notice given pursuant to Section 49520.

B.

This Chapter is enacted by the City Council pursuant to, inter alia, the following statutory authorization and in order to accomplish the objectives set forth in this Section:

Public Resources Code Section 40059 authorizes the City to determine a) all aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling services; and b) whether the services are to be provided by means of nonexclusive franchise, contract, license, permit or otherwise, either with or without competitive bidding, or if, in the opinion of the City Council, the public health, safety and well-being so require, by partially

exclusive or wholly exclusive franchise, contract, license, permit or otherwise, either with or without competitive bidding.

Public Resources Code Section 49300 provides that the City may, pursuant to terms and conditions as may be prescribed by the City Council, contract for the collection or disposal, or both, of garbage, waste, refuse, offal, trimmings or other refuse matter.

Public Resources Code Section 49501 provides that the City may take action, whether by franchise, contract, license, permit or otherwise, whereby the City itself, or one or more other local agencies or solid waste enterprises is authorized or permitted to have the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the City.

It is the intent of this Chapter to set forth terms and conditions pursuant to which authorization may be granted by the City Council to provide solid waste handling services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods and material.

For the purposes of this Chapter, the words, terms and phrases as defined in this Chapter shall be construed as hereinafter set forth. Nothing contained in this Chapter shall be deemed to preclude the City and any solid waste enterprise from incorporating into any agreement for solid waste handling services definitions relating to their respective contractual rights and obligations which may differ from or augment those set forth herein.

Applicant: Any Contractor, individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever which applies to the City for a permit to undertake a Construction, Remodeling or Demolition Project within the City.

Collection: The operation of gathering together within the City, and transporting by means of a motor vehicle to the point of disposal or processing, any solid waste or recyclables.

Collection Agreement: An agreement between the City and a Hauler to allow a Hauler to collect Construction or Demolition Waste in the City.

Collector: Any person who has been awarded a franchise to provide solid waste or recyclables collection services in the City, or who, prior to the effective date of this Chapter, has been issued a permit or nonexclusive franchise to operate as a solid waste collector until the rights thereunder are terminated or revoked, or until those rights expire pursuant to the provisions of Public Resources Code Section 49520.

Construction, Remodeling or Demolition Project: Any alteration to a building, structure or landscaping that requires a building or demolition permit in accordance with the City Municipal Code.

Construction Site or Demolition Site: Any real property in the City in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be removed from the property, and requires the use of commercial refuse containers.

Construction or Demolition Waste: Any material generally considered to be not water soluble and non- hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, lumber, rocks, soils, tree remains, trees, and other vegetative matter generated by and discarded in conjunction with a Covered Project.

Contractor: Any person or entity holding, or required to hold, a Contractor's license of any type under the laws of the State of California, or who performs (whether as Contractor, subcontractor or owner-builder) any Construction, Remodeling or Demolition Project in the City.

Covered Project: Any Construction, Remodeling or Demolition Project that is not an Exempt Project.

Disposal: The complete operation of treating and disposing of solid waste after the collection thereof.

Divert, Diverted: Diversion as defined in Public Resources Code § 40124.

Diversion Rate: The percent of Solid Waste Diverted from Disposal.

Exclusive Solid Waste Handling Services: Any action by the City Council, whether by franchise, contract, license, permit or otherwise, whereby the City itself, or one or more other local agencies or solid waste enterprises, has the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the City.

Exempt Project: Those Construction, Remodeling or Demolition Projects identified in Section 3-4-11(G).

Hauler: Any person or entity that Collects Construction or Demolition Waste for disposal at a facility that accepts Construction and Demolition Waste for reuse or recycling.

Hazardous Waste: Means and includes waste defined as hazardous by Public Resources Code Section 40141 as it now exists or may subsequently be amended, namely, a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following:

A.

Cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness;

B.

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.

"Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter, from time to time, be designated as hazardous by the Environmental Protection Agency ("EPA") or other agency of the United States government, or by the California Legislature or any agency of the State of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.

Holiday: Shall be as that term is defined in Section 1-8-6 A. of the Hidden Hills Municipal Code.

"Holiday" shall also mean any other day designated as such in a contract between a collector and the labor union serving as the exclusive representative of that collector's employees, provided the holiday is established or recognized by resolution of the City Council.

In the City or Within the City: Within the limits of the City as such limits exist on the effective date of this Chapter or may thereafter exist by virtue of the annexation of territory to or detachment of territory from the limits of the City.

Manure: The waste droppings from any animal.

Nonresidential Owner: Any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others, nonresidential premises, whether or not it is the holder of the title or the owner of record of the nonresidential premises.

Nonresidential Premises: All occupied real property in the City, except residential premises as defined in this Section.

Permittee: The holder of a building or demolition permit for a Covered Project.

Person: Any individual, association, firm, partnership, corporation or any other group or combination thereof acting as a unit.

Processing: The reduction, separation, recovery and conversion of solid waste.

Public Agency: Any governmental agency or department thereof, whether Federal, State or local.

Recyclables: Such materials as the City Council may designate by resolution from time to time.

Recycling: The process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

Recycling Container: A container which is provided to residential premises for use in collecting and moving recyclables to curbside for collection by the collector, or a container which is provided to nonresidential premises for use by the collector in collecting and moving recyclables.

Residential Householder: Any person or persons holding or occupying residential premises in the City, whether or not the owner of the residential premises.

Residential Owner: The owner of any residential premises within the City.

Residential Premises: Any residential dwelling unit within the City.

Resource Recovery: Any use of solid waste collected pursuant to this Chapter, except for landfill disposal or transfer for landfill disposal. "Resource recovery" shall include, but is not limited to, transformation, composting and multi-material recycling.

Solid Waste: All putrescible and nonputrescible solid and semi-solid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential premises or nonresidential premises, including garbage, trash, refuse, paper, rubbish, ashes, demolition and construction wastes, discarded appliances, manure, vegetable or animal solid or semi-solid wastes, and other solid and semi-solid wastes, as defined in Public Resources Code Section 49503, excluding liquid wastes and abandoned vehicles; provided, however, that "solid waste" shall not include hazardous waste.

Solid Waste Container: Any vessel, tank, receptacle, box or bin permitted to be used for the purpose of holding solid waste for collection.

Solid Waste Enterprise: Any individual, partnership, joint venture, unincorporated private organization or private corporation regularly engaged in the business of providing solid waste handling services.

Solid Waste Handling Services: The collection, transportation, storage, transfer or processing of solid wastes for residential or nonresidential users or customers.

Special Collection Services: The removal by a collector of oversized or overweight household articles placed curbside by a residential householder or owner, which oversized or overweight household articles have weights, volumes or dimensions which cannot be accommodated by solid waste containers for residential premises, such as stoves, refrigerators, water heaters, washing machines, furniture, sofas, mattresses, box springs and large rugs.

Standard Commercial Solid Waste Container: A state-of-the-art bin or solid waste container used in connection with nonresidential premises, designed for mechanical pickup by collection vehicles and equipped with a lid, and shall include other types of containers suitable for the storage and collection of nonresidential solid waste if approved in writing by the City Council.

(Ord. 264, 3-22-93; Ord. 275, 12-11-95; Ord. No. 313, §§ 2, 3, 12-8-03)

A.

Authorization by City Council; Franchise Requirement:

The City Council may authorize, by franchise, a solid waste enterprise to provide solid waste handling services for residential and nonresidential users or customers. In the sole discretion of the City Council, the solid waste handling services may be authorized on an exclusive or nonexclusive basis and with or without

competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the City.

No person shall collect or dispose of solid waste or recyclables in the City unless that person has been awarded a solid waste collector franchise and has entered into a franchise agreement with the City, except as otherwise specifically provided in this Chapter. Any such franchise shall be in addition to any business license or permit otherwise required by the City. No permit issued by any other governmental agency authorizing collection of solid waste or recyclables shall be valid in the City. Collectors operating in the City on the effective date of this Chapter under a permit or a nonexclusive franchise agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code.

B.

Contents: The terms and provisions of any franchise agreement for solid waste handling services may relate to or include, without limitation, the following subject matters:

The nature, scope and duration of the franchise.

The collection schedule, including the frequency, days and hours of collection.

The applicable franchise fee, including the amount, method of computation, and time for payment.

The applicable rates, fees and charges for regular, special and emergency collection services, including the method of setting and adjusting same, and the responsibility for billing and collecting same.

Collection vehicles, including the permissible size and color, and any required identification, safety equipment, maintenance, inspection and operational requirements.

The receipt, processing and reporting of customer inquiries and complaints.

The collection of solid waste from publicly-owned property and facilities.

Performance standards for the collector's personnel and equipment.

Solid waste and recycling containers, including size, repair or replacement, handling, placement, obligations of the collector to provide, and permissible charges therefor.

Standards and procedures for periodic performance reviews by the City.

Noise attenuation policies and procedures.

The maintenance by the collector of an office for the conduct of business.

Policies and procedures relating to the noncollection of solid waste, the composting of green waste, the collection of recyclables, and resource recovery.

Requirements relating to comprehensive liability insurance and workers' compensation insurance.

Requirements relating to the dissemination of information to the public concerning regular and special solid waste collection and recycling services.

Actions or omissions constituting breaches or defaults, and the imposition of applicable penalties, liquidated damages, and other remedies, including suspension, revocation or termination.

Requirements relating to performance bonds and to indemnification.

Requirements relating to affirmative action programs.

Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits and inspection of records.

Requirements relating to the assignment, transfer and renewal of the franchise.

Requirements relating to compliance with and implementation of State and Federal laws, rules or regulations pertaining to solid waste handling services, and to the implementation by the City of State- mandated programs, including, without limitation, the City's "Source Reduction and Recycling Element" and the City's "Household Hazardous Waste Element."

Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the franchise agreement and which will, in the judgment and discretion of the City Council, best serve the public interest and protect the public health, safety and welfare.

C.

Collector Franchise Fee: Each collector shall pay a franchise fee in an amount determined by resolution of the City Council or established in the franchise agreement authorizing the collection of solid waste or recyclables.

D.

Resolution of Conflicts: In the event of any conflict between the provisions of a franchise agreement which is authorized and approved by the City Council and the provisions of this Chapter, the provisions of the franchise agreement shall control.

E.

Permits and Licenses: Every collector shall obtain and maintain at all times during the collector's operations a business license issued by the City, and all applicable permits and licenses required by any public agency having jurisdiction.

F.

Transfer of Franchise: No permit or franchise which is authorized by, subject to, or issued under the provisions of this Chapter shall be transferred, delegated, sublet, subcontracted to or assigned to another person without the prior approval of the City Council. This restriction includes the transfer of ownership or the majority of the ownership or control of the permittee or the franchisee, and the transfer of a majority of the permittee's or franchisee's stock to another person.

G.

Revocation or Suspension of Permit or Franchise: After a hearing at which the collector shall have the right to be heard, the City Council may revoke or suspend any collection permit or franchise for violation of a provision of this Chapter or any other applicable law, ordinance or regulation of any public agency.

H.

Notice of Hearing; Revocation or Suspension: The City Council shall mail notice of a hearing to revoke or suspend a collection permit or franchise to the collector not less than 15 days prior to such hearing. In the event of the revocation or suspension of a franchise or a permit, the City Council shall notify the collector in writing of the reasons therefor. Notification may be made in person or by mail.

(Ord. 264, 3-22-93)

A.

Rates: The City Council may, by resolution, establish rates to be charged to residential householders or owners and to nonresidential owners for the collection of solid waste and recyclables. The City Council may, by resolution, establish or adjust the rates charged by those collectors which, upon the effective date of this Chapter, are operating in the City pursuant to permits or nonexclusive franchise agreements. No collector shall charge any rate or fee which is greater or less than the permissible maximum or minimum rate established by the City Council, unless otherwise authorized in this Chapter. Every nonresidential owner and residential householder or owner shall pay the rates established from time to time by the City Council for collection services rendered pursuant to this Chapter in the manner set forth in subsection B. hereof.

B.

Billing and Collection of Rates, Fees and Charges:

The billing and collection of the rates, fees and charges authorized by the City Council for solid waste handling services shall be the responsibility of the franchised collector, and the City shall have no liability or responsibility therefor.

The City may collect fees for solid waste handling services by causing fees to be placed on the Los Angeles County Tax rolls through procedures established by the Los Angeles County Tax Collector.

(Ord. 264, 3-22-93)

A.

Vehicle Identification: No person may operate any vehicle for the collection of solid waste or recyclables other than a collector who has a valid business license and solid waste collection franchise and who has paid all required license, franchise and other City charges. Each vehicle used by the collector shall have an identification number printed or painted in legible numbers not less than five inches in height in plain sight from four directions.

B.

Vehicle Standards: Any vehicle utilized for the collection, transportation or disposal of solid waste and/or recyclables shall comply with the following standards:

Each vehicle shall be constructed and used so that no solid waste, oil, grease or other substance will blow, fall or leak out of the vehicle.

A broom and shovel shall be carried on each vehicle at all times.

Each vehicle shall comply with all applicable statutes, laws or ordinances of any public agency.

Each vehicle must be under seven years of age unless specifically authorized in writing by the City Council.

Routine inspections by the California Highway Patrol shall be conducted annually and certificates for the inspection shall be filed annually with the City Clerk.

All vehicles shall at all times be kept clean and sanitary, in good repair and well and uniformly painted to the satisfaction of the City Council.

Each vehicle shall be equipped with watertight bodies fitted with close-fitting metal covers.

The collector's name or firm name and telephone number shall be printed or painted in legible letters not less than five inches in height on both sides of all of collector's vehicles used in the City.

High intensity fog lamps shall be maintained on any vehicle 80 inches or wider, which shall consist of two red tail lamps in addition to the standard tail lamps. The fog lamps shall be used when visibility is less than 50 feet.

All equipment shall be maintained at all times in a manner to prevent unnecessary noise during its operation.

As the collector replaces existing equipment, the type and make of the new equipment shall be subject to prior approval by the City Council.

C.

Operation of Equipment: All persons operating solid waste collection and transportation equipment shall do so in compliance with all applicable Federal, State and local laws and ordinances. Such vehicles shall not be operated in a manner which results in undue interference with normal traffic flows. No such vehicle shall be parked or left unattended on the public streets. No such vehicle shall be parked overnight on a public street or thoroughfare in the City.

D.

Compliance with Vehicle Standards: Any vehicle used in the collection or transportation of solid waste in the City shall, at all times, be maintained in accordance with all the standards set forth in subsection B. of this Section. The use of a vehicle which fails to comply with each of the standards set forth in subsection B. is prohibited. A collector shall immediately remove any vehicle from collection service which fails, at any time, to conform to any of the standards recited in subsection B. and shall not use that vehicle until it is repaired. Should the City Council give notification at any time to a collector that any of the collector's vehicles is not in compliance with the standards of this Chapter, the vehicle shall be immediately removed from service by the collector. The vehicle shall not again be utilized in the City until it has been inspected and approved by the designee of the City Council. The collector shall maintain its regular collection schedule regardless of the repair of any vehicle.

A.

Residential Householder Exclusion: No provision of this Chapter shall prevent residential householders from collecting and disposing of occasional loads of solid waste generated in or on their residential premises, or from composting green waste, or from selling or disposing of recyclables generated in or on their residential premises. However, no residential householder shall employ or engage any solid waste enterprise, other than the franchised collector, to haul or transport such materials to a transfer station or landfill.

B.

Gardener's Exclusion: No provisions of this Chapter shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of grass cuttings, prunings, and similar material not containing other solid waste when incidental to providing such gardening, tree trimming or similar services.

C.

Nonresidential Exclusions; Source Separated Recyclables:

No provision of this Chapter shall prevent a nonresidential owner from selling to a buyer, for a monetary or other valuable consideration, any source separated recyclables, including without limitation, any saleable

scrap, discard, reject, by-product, packaging material, paper or other similar item generated in, on or by a nonresidential premises or business, and no longer useful to such nonresidential business but having market value, whether such buyer is a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce; provided, however, that such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station (as defined in Public Resources Code Section 40200). Source separated recyclables within the meaning of this Section shall mean recyclables separated on the nonresidential premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste, and having a market value.

No provision of this Chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce and which is not engaged in the business of collecting solid waste or providing solid waste collection services for a fee or other charge, or consideration, from buying any materials referenced in this Section for a monetary or other valuable consideration, and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200); nor shall any provision of this Chapter prevent such recycler, junk dealer or enterprise which buys such materials from removing and transporting such materials to a destination for marketing in the stream of commerce. No such buyer shall buy or transport such materials without prior authorization from the City, as required by this Code, whether in the form of a business license, a business permit or a nonexclusive franchise agreement.

D.

Contractors' Exclusions: No provision of this Chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or demolition waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract; provided, however, that if a subcontractor is to be engaged to remove such demolition waste, the franchised collector shall have the right of first refusal to provide such services. If the franchised collector cannot guarantee that such services will be provided within a period of 24 hours, then the City Council may authorize the licensed contractor or the owner of the premises to utilize the services of another duly authorized solid waste enterprise.

A.

Mandatory Service:

All solid waste collected from residential or nonresidential premises for a fee, service charge or other consideration shall be collected by a solid waste enterprise under the provisions of a franchise awarded by the City Council pursuant to this Chapter ("franchised collector"), subject only to subsection A.5. below.

No person, firm, corporation or solid waste enterprise, other than those referenced in subsection A1 above, shall negotiate or contract for, undertake to receive, collect or transport solid waste from within the City for a fee, service charge or other consideration therefor, except as specifically provided herein.

Except as otherwise provided in this Chapter, each residential owner and nonresidential owner shall utilize the services of the franchised collector for the collection of solid waste from the residential or nonresidential premises held or occupied by such owner and shall pay for such services the fees approved by the City Council. No residential or nonresidential owner shall enter into an agreement for solid waste handling services with any person, firm or corporation other than the franchised collector, except as otherwise provided in this Chapter.

Nothing in this Chapter shall prevent a nonresidential business which has its own recycling or resource recovery program for recyclables generated by such business and not utilizing a solid waste enterprise which provides collection services for a fee, service charge or other consideration, from continuing such recycling or resource recovery program, and the recyclables included in such program are excepted from the franchise between the City and the franchised collector.

Notwithstanding the provisions of subsection A.2. above, certain solid waste enterprises that have been authorized by permit or by a nonexclusive franchise agreement to provide solid waste handling services in the City may continue to provide these services to their existing customers until the rights thereunder expire pursuant to the provisions of Section 49520 of the Public Resources Code, or are earlier terminated or revoked. Such solid waste enterprises are hereinafter referred to as "excepted collectors". The franchise of the franchised collector shall not preclude the owner of a residential or nonresidential premises served by an excepted collector from continuing to use the solid waste handling services of that excepted collector until the rights of that excepted collector to operate in the City are terminated or revoked or have expired.

B.

Litter: Any person who deposits or causes to be deposited any solid waste or recyclables on the public right-of-way or on private property within public view, except in a container provided therefor as herein specified, shall immediately clean up, contain, collect and remove same.

C.

Transfer of Loads on Public Streets: No person shall transfer solid waste or recyclables from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the City Council, or is necessary owing to mechanical failure or accidental damage to a vehicle.

D.

Unauthorized Removal from Containers: No person other than the collector which provides collection services at residential premises, or the residential owner or householder occupying the residential premises in or upon which a solid waste container or recyclables container is placed at curbside for collection, shall remove any material from such container.

E.

Hours of Collection:

No collection within the City, or delivery or removal of containers by a collector, shall be made between the hours of 10:00 p.m. and 7:00 a.m. the next day, Monday through Saturday, or at any time on Sunday.

The City Council may waive the requirements of this Section when necessitated by conditions beyond the control of the collector.

F.

Resource Recovery: Every collector shall, at all times, comply with City policies and programs with regard to solid waste recovery, reduction of solid waste and recycling of solid waste.

G.

Ownership: At such time as the solid waste or recyclables are placed in the solid waste or recycling containers and the containers are placed at curbside for collection, the solid waste or recyclables are the property of the collector.

H.

Disposal:

It shall be unlawful at any time for any person, including collectors, to burn any solid waste or recyclables within the City.

It shall be unlawful at any time for any person, including collectors, to bury or dump any solid waste or recyclables within the City.

I.

Manager to Supervise: Each collector shall identify in writing to the City the name of a manager or responsible party, who shall supervise the collection, transportation and disposition of solid waste and/or recyclables. The collector shall promptly notify the City of any change of manager.

J.

Trespass: No person authorized to collect or transport solid waste or recyclables shall enter on private property beyond the extent necessary to collect the solid waste or recyclables, properly placed for collection.

K.

Required Monthly Reports:

Each collector shall provide the City with monthly tonnage reports which include the following:

a.

Total amount of solid waste removed from the City for the respective reporting month.

b.

The name, address and telephone number of each solid waste disposal and/or recycling facility used by the collector during the reporting month.

c.

Copies of waste disposal facility weight tickets/invoices which indicate the net amount of all waste disposed, transferred and/or recycled during the reporting month.

d.

In the event that a collector adds and/or deletes a collection service customer, the collector must submit a revised collection service identification list with the monthly report for the reporting month.

e.

The complaint log described in subsection P.2.

Each report shall be signed by an officer of the collector. If the collector has more than one collection route, it shall submit a separate report for each collection route. Each report shall be submitted to the City on the last day of each month following each reporting month. Reports must be received by the City Clerk by 5:00 p.m.

L.

Annual Report: Every collector shall furnish an annual report to the City detailing the quantity and nature of all solid waste or recyclables removed from the City. Reports shall be delivered to the City on or before July 31 of each year, for the immediately preceding period of July 1 through June 30 period. This report shall also include permitted waste disposal facilities where the collector has disposed and/or transferred all solid waste removed from the City. This report is to also include a compilation of monthly tonnage reports and/or

copies of tipping receipts. The report shall include a customer service identification list which identifies the name and address of each customer receiving collection and/or recycling service from the collector. The timely filing of a complete annual report is a condition of any permit or franchise awarded by the City.

M.

Workers' Compensation Insurance: Each collector shall at all times provide, at its own expense, Workers' Compensation Insurance coverage for all employees as required by State law. Each collector shall file and maintain certificates with the City Clerk showing the insurance to be in full force and effect at all times the collector shall have a permit issued by the City.

N.

Collector's Liability Insurance: Each collector shall furnish the City a policy or certificate of comprehensive general and automobile liability insurance insuring the collector against bodily injury, property damage and automobile liability in the sum of $1,000,000.00 combined single limits. These limits shall be subject to annual review by the City for the purpose of reasonably adjusting to current insurance conditions and requirements. The insurance shall provide that the coverage is primary and that any insurance maintained by the City shall be excess insurance, shall be procured from an insurer authorized to do business in the State of California, shall name the City and its officers, employees and agents as additional insureds and shall not be canceled or modified without first giving to the City 30 days' prior written notice.

O.

City to be Free From Liability: Each collector shall indemnify, defend and hold harmless the City and its officers, employees and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties and reasonable attorneys fees, that the City shall incur or suffer, which arise, result from or relate to the collection, transportation or disposal of solid waste or recyclables by that collector.

P.

Office for Inquiries and Complaints:

Any collector with a franchise shall maintain an office at some fixed location and shall maintain a telephone at the office, listed in the current telephone directory in the firm name by which it conducts business in the City, and shall at all times during the hours between 10:00 a.m. and 10:00 p.m. of each weekday and between 10:00 a.m. and 10:00 p.m. on Saturday, have an employee or agent at that office to answer inquiries and receive complaints. The telephone number shall be a toll-free number from all portions of the City.

The collector shall maintain at the office a written log of all complaints/inquiries received. Such log shall contain the date of inquiry/complaint, the callers name, address and telephone number, the nature of the complaint/inquiry, the action taken or the reason for nonaction, and the date such action was taken. All

inquiries and complaints shall be promptly answered or responded to and/or dealt with to the satisfaction of the City. Such log of complaints and other records pertaining to solid waste and recyclable collection and disposal shall be open to the inspection of the City at all reasonable times and shall be maintained for a period of one year. Compliance with the requirements of this Section are conditions to any permit or franchise which is awarded by the City.

(Ord. 264, 3-22-93)

A.

Disposal and Status of Solid Waste or Recyclables: All solid waste collected by a collector shall be disposed of by the collector in accordance with all applicable Federal, State and local laws and regulations and the controlling permit or franchise agreement. Upon placement at the residential curbside for collection, all solid waste and recyclables shall become the property of the collector holding the franchise for residential collection services.

B.

Frequency of Collections: The collector shall collect all solid waste and recyclables placed for collection in compliance with this Chapter from each occupied residential premises in accordance with a schedule which has been approved by the City Council. The schedule shall identify the routes and days of pickup for each collection district established within the City. Unless otherwise approved by the City Council, collection of solid waste and recyclables shall take place no less than once each calendar week. Not more than seven days shall elapse between one collection and the next unless the regular day of collection falls on a holiday. When the collection day falls on a holiday, the collector shall collect one day after the holiday. Routes of collection shall be so arranged that collection from any premises will be made on the same day of each week.

C.

Solid Waste Containers: All solid waste containers shall have tight-fitting lids. No cardboard box or paper bag may be used as a container for solid waste. The City Council may, by resolution, establish standards for residential solid waste containers.

D.

Recycling Containers: The collector shall provide each residential premises with at least one recycling container. If one recycling container is inadequate, the collector shall provide one or more additional recycling containers upon request, and at no charge to the residential householder.

E.

Placement and Removal of Containers: Every residential householder shall place each solid waste container and recycling container for collection at the curb in front of the premises, or at the curb at the side of the premises where the premises are adjacent to more than one street. No person shall place any such container for collection more than 24 hours before collection is scheduled to commence in the district,

or leave any such container at the place of collection after 11:00 p.m. on the day of collection. Such containers shall be removed to a storage location which is not visible from any public right-of-way.

F.

Care of Containers: Upon collection, all solid waste containers shall be replaced, by the collector, upright, where found, with the lids replaced, and all recycling containers shall be replaced in an upright or upside down position, at the location where found by the collector.

G.

Special Collection Services: The franchised collector shall provide, upon request from a residential householder, special collection of solid waste, at such rates as may be approved by the City and at such times as may be agreed upon by the collector and the person requesting the service. If no agreement is reached, such special collections shall be provided as determined by the City Council.

(Ord. 264, 3-22-93)

A.

Solid Waste: The collector shall collect and dispose of all solid waste generated and presented for collection at each nonresidential premises in conformity with the provisions of this Chapter. Any such collection and disposal shall be in accordance with all applicable Federal, State and local laws and regulations and any controlling permit or franchise agreement between the collector and the City. All solid waste collected by a collector shall be the exclusive property of the collector.

B.

Frequency of Collection: The collector shall collect solid waste from nonresidential premises on a schedule which is agreed upon between the nonresidential owner and the collector. In no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to public health or safety.

C.

Containers:

Every nonresidential premises served by the franchised collector shall have the option to:

a.

Provide the necessary container or containers to accommodate solid waste generated from the nonresidential premises; or

b.

Use the standard nonresidential solid waste container or containers provided by the franchised collector, which containers are compatible with the franchised collector's collection equipment. Where a nonresidential owner is served by an excepted collector, such excepted collector and nonresidential owner shall determine by private agreement who is to provide the container.

Every collector which provides any container or other equipment used for the storage of nonresidential solid waste shall:

a.

Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, the collector's business name and telephone number, in a color contrasting with the background color of the container; and

b.

Provide containers on casters or hasps or locks upon request by the nonresidential owner.

D.

Maintenance and Placement of Containers: Solid waste containers provided by the collector shall be maintained in a clean and sanitary condition by the collector. Solid waste containers which are not provided by the collector shall be maintained in a clean and sanitary condition by the nonresidential owner. Every nonresidential owner shall provide a solid waste container location on the nonresidential premises and shall keep the area in good repair, clean and free of refuse outside of the container. Every collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the collector's emptying of the container or other activities of the collector.

E.

Care of Containers: Upon collection of solid waste by the collector, all containers shall be replaced, upright where found, with the lids closed. No person, other than the owner thereof, shall in any manner, break, damage, roughly handle or destroy containers placed on the nonresidential premises.

(Ord. 264, 3-22-93)

A.

Minimum Construction or Demolition Waste Diversion Requirements: Every Covered Project shall Divert at least 50 percent, measured by weight, of all Construction or Demolition Waste generated by the Covered Project.

B.

Condition Precedent to issuance of Building or Demolition Permit: As a part of any application for, and prior to the issuance of, any building or demolition permit for a Covered Project, every Applicant shall submit to

the Building Official a properly completed "Recycling and Waste Reduction Application" on a form prescribed by the Building Official. The application shall contain an estimate of the weight of Construction or Demolition Waste to be generated from the proposed Covered Project. An Applicant shall not be issued a building or demolition permit until the Building Official accepts the Recycling and Waste Reduction Application as complete and accurate. The Application shall also identify the Hauler, if any, of the Construction or Demolition Waste. Such Hauler shall have entered into a Collection Agreement with the City.

C.

Deposit Required: As a part of any application for, and prior to the issuance of, any building or demolition permit for a Covered Project, every Applicant shall post a cash deposit, letter of credit or cashier's check in the amount of $50.00 for each estimated ton of Construction or Demolition Waste, but not less than $1,500.00. The deposit shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of the Building Official, that no less than 50 percent of Construction or Demolition Waste has been Diverted. If a lesser percentage is Diverted, a proportionate share of the deposit will be returned in accordance with a formula established by the Building Official. The deposit shall be forfeited entirely if there is a failure to comply with the requirements of this Section.

D.

Administrative Fee: As a part of any application for, and prior to the issuance of, any building or demolition permit for a Covered Project, every Applicant shall pay to the City a fee sufficient to compensate the City for all expenses incurred in administering this article. The amount of this fee shall be established by resolution of the City Council.

E.

Records: During the term of any Covered Project, the Permittee shall keep records of the amount of waste Diverted in tonnage or in other measurements approved by the Building Official that can be converted to tonnage.

F.

Reporting: Within 30 days following the completion of any Covered Project, the Permittee shall submit under penalty of perjury, and as a condition precedent to final inspection and issuance of any certificate of occupancy, documentation to the satisfaction of the Building Official establishing compliance with the requirements of Section 3-4-11 A. The documentation shall consist of a completed "Recycling and Waste Reduction Final Compliance Report" showing the weight of materials Diverted, supported by evidence satisfactory to the Building Official, which may include originals or photocopies of receipts and weight tags or other records of measurement from recycling companies and/or landfill and disposal companies. Receipts and weight tags may be required by the Building Official to verify the amount of Construction or Demolition Waste generated from the site that has been Diverted.

If a project involves issuance of both a demolition and building permit, the report and documentation for the demolition permit must be submitted to and approved by the Building Official before issuance of a building permit.

G.

Monitoring Responsibility of Building Official: The Building Official shall monitor each Covered Project for compliance with this Section 3-4.11.

H.

Exempt Projects: The Diversion and reporting requirements of this article shall not apply to the following projects:

Any Construction, Remodeling or Demolition Project that both: (1) involves less than 1,000 square feet and (2) has a total estimated cost of less than $50,000.00 as determined by the Building Official. For the purposes of calculating square footage or estimating value, the Building Official shall aggregate all construction, remodeling or demolition work proposed on a property.

Any project that requires emergency demolition in order to protect the public health or safety as determined by the Building Official prior to the issuance of a demolition permit.

Notwithstanding the exemptions set forth in this paragraph, Applicants working on Exempt Projects are encouraged to Divert as much Construction or Demolition Waste as practicable.

I.

Implementing Regulations: The Building Official shall have the authority to establish regulations for the implementation of this Section 3-4-11, and when duly established, such regulations shall be in full force and effect.

(Ord. No. 313, § 4, 12-8-03)