Ione Municipal Code Ch. 8.04 Solid Waste Ordinance

Footnotes:

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Editor's note— Ord. No. 471, § 1, adopted April 21, 2015, amended Chapter 8.04 in its entirety to read as herein set out. Former Chapter 8.04, §§ 8.04.010—8.04.280, pertained to similar material, and derived from Ord. No. 213, 1980; Ord. No. 354, 1995; Res. No. 1582, 2007 and Ord. No. 434, adopted July 6, 2010.

A. This chapter is known and may be cited as the "City of Ione Solid Waste Ordinance."

B. The following words and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section:

1. "Collection" means the act of gathering together solid waste at the place of waste generation and is distinguished from "removal."

2. "Collection vehicle" or "collection equipment" includes vehicles or equipment used in the commercial collection of refuse or solid wastes.

3. "Composting" includes a controlled microbial degradation of organic wastes yielding a safe and nuisance free product.

4. "Garbage" includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs.

5. "Health officer" includes health officer or other agent of health department of the county, and includes duly authorized personnel of the state of California Department of Public Health in the performance of any contract between the state and the county or applicable state law, county ordinance, or state or county rule or regulation in aid thereof.

6. "Litter" includes any post-consumer solid waste which is not deposited in:

a. An authorized solid waste disposal site;

b. Appropriate and serviced storage containers; or

c. In other areas designated for disposal of solid wastes.

7. "Nuisance" includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood or any considerable number of persons.

8. "Person" includes an individual, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation or any other entity whatsoever.

9. "Putrescibles" includes wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions, and includes materials such as food wastes, offal, and dead animals.

10. "Recyclable material" means solid waste subject to recycling, such as newspapers, cleansed bottles, cleansed bi-metal and aluminum cans and foil.

11. "Recycling" means the process by which salvaged materials become usable products.

12. "Refuse" includes garbage and rubbish.

13. "Renewal" means exercising an option to extend the franchise termination date within approved time limits established in a franchise agreement.

14. "Removal" means the act of taking solid wastes from the place of waste generation.

15. "Resource recovery" means the reclamation or salvage of wastes for reuse, conversion to energy, or recycling.

16. "Rubbish" includes nonputrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber by-products or litter.

17. "Solid waste" or "wastes" includes all putrescible and nonputrescible solid and semisolid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes and debris, and includes liquid wastes disposed of in conjunction with solid waste disposal sites but excludes:

a. Sewage collected and treated in a municipal or regional sewerage system, sewage treatment plant and/or disposal facilities, including sludge; or

b. Materials or substances having commercial value which have been salvaged for reuse, recycling, composting or resale.

18. "Vector" includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease, or disrupting the normal enjoyment of life by adversely affecting the public health and wellbeing.

(Ord. No. 471, § 1, 4-21-2015)

A. It is hereby declared and determined that the business of collecting, transporting, disposing and/or recycling of solid waste affects the health, safety and public welfare and the quality of life of the residents of the city. Therefore, it is one purpose of this chapter to regulate this business in order to ensure its orderly operation, and to minimize the adverse effects it may have on the local environment.

B. It is also the intent of this chapter, aside and apart from the purpose of regulation, to ensure compliance with the California Health and Safety Code, the mandates of membership in the Amador County Integrated Solid Waste Management Agency, the California Integrated Waste Management Act, and all federal, state and local laws.

(Ord. No. 471, § 1, 4-21-2015)

The city council may and is hereby empowered to grant by ordinance to any person, whether operating under an existing franchise or not, a franchise to engage in the business of collecting, transporting, disposing, and/or recycling of solid waste, kept, accumulated or produced in the city.

(Ord. No. 471, § 1, 4-21-2015)

A. A franchise granted pursuant to this chapter may be nonexclusive or exclusive at the discretion of the city council.

B. All franchises shall be subject to the terms and conditions specified in this chapter, in the ordinances and resolutions granting the franchise, in the franchise agreement and in all other applicable federal, state and local laws and regulations.

C. In granting any franchise, the city council may prescribe such other and additional terms and conditions it deems is in the public interest.

(Ord. No. 471, § 1, 4-21-2015)

A. It is unlawful for any person to collect, haul or transport solid waste for compensation or hire on any highway or street within the city without first entering into a franchise agreement with the city.

B. The provisions of this section shall not apply to persons hauling household waste from their own residences nor from agricultural operations, municipalities, public agencies, industrial, commercial business establishments, or building contractors hauling their own waste or waste generated by them.

C. Waste generated by multiple-family dwelling, condominiums, apartments, or mobile home parks shall be considered as waste generated by a commercial business establishment.

D. The provisions of this section shall not apply to persons hauling tree trimmings, slash and/or brush provided the person has the applicable licenses and/or permits to operate in the city.

(Ord. No. 471, § 1, 4-21-2015)

Any person who intends to operate as a franchisee, or to renew a franchise agreement after the term set by the city council expires in the ordinary course, shall first apply to the city by paying an application processing fee, in an amount as set forth by a resolution of the city council, and by filing with the city manager, upon forms supplied by the city, a verified application containing the following information:

A. Name and address of applicant;

B. If the applicant is a partnership, the name and address of each partner shall be set forth in the application. If the applicant is a corporation, the application shall state the names and addresses of the corporation's directors, date and place of incorporation, main offices, major stockholders and associates, and the names and addresses of the parent and subsidiary companies;

C. Proof of insurance of the type and amount required by the city manager and affirmation of indemnification;

D. Proof that books and accounts of all revenue and income arising out of its operations are kept in a manner which conforms to generally accepted accounting principles;

E. A report of collection activity for the prior calendar year including identification of their business experience, reputation, capability and financial capability to carry out the rights, duties and obligations of a franchisee;

F. A recycling and waste diversion plan setting forth actions to be taken to meet the required recycling diversion rates;

G. The name and title of the responsible operating officer; and

H. Such further information as the city manager may reasonably require to evaluate and process an application.

(Ord. No. 471, § 1, 4-21-2015)

Upon consideration of an application for franchisee the city council may grant or refuse to grant the requested franchise. Upon a finding that the public health, safety, welfare, convenience and necessity require the granting of a franchise within the city and that the applicant owns or controls sufficient, suitable equipment and facilities to meet the requirements of this chapter and to adequately serve the number of customers within the city, the city council may grant the franchise to any such applicant as may appear from the application to be, in its opinion, qualified to render proper and efficient collection service.

(Ord. No. 471, § 1, 4-21-2015)

Each applicant granted a franchise pursuant to this chapter shall pay an initial processing fee in an amount to be established by a resolution of the city council. Each applicant must also pay an annual fee, which may be adjusted for inflation, derived from its business within the city limits of Ione to be specified in the franchise agreement.

(Ord. No. 471, § 1, 4-21-2015)

The term of any franchise granted under the provisions of this chapter shall be for the duration specified by the city council in its discretion, but in no event shall a franchise be granted for a period longer than 20 years, including options or extensions to renew. A grant of franchise may provide for specific renewal terms, but the franchise agreement shall state that the franchisee has no vested or contract right in any such renewal term. As to any such renewal term, the city council: (a) shall grant the renewal on a finding that the franchisee is in compliance with the ordinance, the franchise agreement, and all federal, state or local laws and regulations applicable to the operation of the franchise and that the public interest is served by a renewal, or (b) may decline to grant any renewal term based on a finding that the franchisee is not in compliance with the ordinance, or with the franchise agreement, or with any federal, state or local law or regulation applicable to the operation of the franchise. Such findings of non-compliance include, but are not limited to failing to meet recycling requirements, failing to meet vehicle emissions standards, failing to maintain proper levels of insurance, or failing to make timely reports or payments, or (c) may grant any renewal term conditionally based upon conditions designed to secure compliance with this chapter or (d) may decline to grant any renewal term where the public interest is not served by a renewal because of a change in circumstances or policy related to solid waste collection or the franchise system. The city council shall not renew a franchise more than two years prior to expiration of the franchisee's franchise agreement. There shall be no other renewals of a franchise, but any person, including any person whose franchise is not renewed, may submit a new application for a new franchise in accordance with this chapter to the extent that the city council has indicated applications may be made.

(Ord. No. 471, § 1, 4-21-2015)

Each person granted a franchise to collect solid waste pursuant to the, provisions of this chapter shall file with the city manager a faithful performance bond or other form of security satisfactory to the city in an amount required by the franchise agreement. Said bond or security shall be conditioned upon the faithful performance of all of the terms and conditions of the franchise agreement and the provisions of this chapter.

(Ord. No. 471, § 1, 4-21-2015)

A. No franchise granted under the provisions of this chapter shall operate unless there is at all times in force and effect insurance to provide protection against liability for damages which may be imposed for the negligence of the franchisee or his or her employees or agents. The city manager must approve the liability policy or policies issued by an insurance company or companies authorized to do business in this state. The city manager shall establish standards for insurance, including, but not limited to, coverage and policy amounts.

B. A liability insurance policy required by this section shall benefit any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of the franchisee, his or her employees or agents. The city shall be a coinsured under such policy or policies.

C. Satisfactory evidence that the liability insurance required by this section is at all times in full force and effect shall be furnished to the city manager by each franchisee.

D. The policy or policies of insurance shall contain a provision against cancellation except upon 60 days' prior written notice thereof to the city manager.

(Ord. No. 471, § 1, 4-21-2015)

Each franchisee shall make available to city all its books and records as they appertain to franchisee's business within the city. The city shall be authorized to inspect, or cause to be inspected, the franchisee's books and records as prescribed in the franchise agreement between the franchisee and the city. Refusal to allow the city to inspect such books and records may result in the termination of the franchise.

(Ord. No. 471, § 1, 4-21-2015)

The franchisee must provide an equipment list as required by the franchise agreement. The equipment identified must be maintained at all times during the term of the franchise agreement, unless said equipment is replaced with comparable or better equipment. The collection vehicles used by the franchisee for the collection and hauling of garbage shall be of the watertight "compactor" truck type. Equipment used exclusively for the collection of refuse may be of any suitable type but shall be provided with coverings to adequately contain the refuse within the truck body. The franchisee shall maintain all trucks in a clean and sanitary condition and use low emission regularly serviced trucks. The franchisee shall clean the inside of the trucks regularly after dumping and shall keep the outside of the bodies free from dirt and filth.

(Ord. No. 471, § 1, 4-21-2015)

A. Each franchisee shall be required to ensure that recycling services are provided for all of its customers.

B. Materials to be recycled shall be collected at a minimum of once every other week.

C. Each franchisee shall, at intervals required by the California Department of Resources Recycling and Recovery but no less than every six months, provide education and informational literature to its customers and the city describing the recycling services to be provided, materials to be recycled, instructions on how to participate, and providing the franchisee's telephone number.

D. Each franchisee shall, at intervals required by the California Department of Resources Recycling and Recovery but no less than every six months, provide public awareness to its customers including, but not limited to, literature or other information to promote participation and awareness in reducing waste and recycling. This information shall also promote awareness of proper disposal of bulky items, abandoned items, hazardous waste, medical waste and electronic waste. If a mixed-waste materials recovery facility is used to recycle these materials, franchisee must inform its customers, in writing, that waste is being recycled. Such information must also describe the quantity in tons and percentage of waste generated and types of material recycled.

E. In consultation with the city, each franchisee shall select the type of recycling collection operation that best meets the needs of the city and ensures that the city meets those recycling goals established by state law and the California Department of Resources and Recycling. When considering recycling collection methods, the franchisee shall consider factors to assure maximum participation and waste diversion, including but not limited to convenience and cost.

F. Franchisee shall provide each customer with on call, curbside pickup of bulky items at intervals of twice per calendar year as a part of its basic commercial solid waste service.

G. Nothing in this chapter precludes a franchisee from assessing reasonable fees for providing recycling services provided that they are implemented in accordance with state law.

(Ord. No. 471, § 1, 4-21-2015)

A. Franchisee shall provide solid waste pickup service to all residential premises and industrial and commercial establishments provided that such service can be feasibly rendered and the residential occupant or operator of the commercial or industrial establishment has requested such service.

B. Franchisee may deny service to a customer by reason of the failure of the customer to pay his or her just bill or failure to substantially comply with the requirements of this chapter. After giving a customer 15 days written notice of intent to refuse service, franchisee may cease service to the customer if he or she is still delinquent.

(Ord. No. 471, § 1, 4-21-2015)

A. Franchisee charges to customers shall be based on the number of standard containers, quantity and type of refuse, number of separate pickup points, placement or distance of carry-out and frequency of service; but an equal price shall be charged for equal service, except discounts may be permitted for residential service to senior citizens.

B. The basic minimum residential rate in the schedule of charges shall be set forth in the franchise agreement and shall provide for the collection of one standard container of solid waste per week by the franchisee.

C. Any person contending that he or she has been required to pay an unreasonable charge for such services may file a written complaint with the city manager setting forth the facts of such alleged overcharge. The city manager will notify the franchisee of such complaint and conduct a hearing within 60 days of receipt of the complaint to determine the reasonableness of the charges for such service. Appeals from the determination of the city manager may be taken to the city council if notice of appeal therefrom is filed in writing with the city clerk within ten days of the city manager's decision.

D. Any franchisee may petition to the city council to set a maximum rate. Any franchisee is responsible for adjusting rates each year either upwards or downwards depending upon the franchisee's costs. A rate increase shall not exceed the applicable Consumer Price Index since the last rate adjustment, unless the city council finds, by resolution, a greater increase is justifiable based on unavoidable and extraordinary increases in costs of operations and maintenance beyond the reasonable control of franchisee. Rate adjustments shall become effective on January 1 of the year following the year the adjustment is made.

(Ord. No. 471, § 1, 4-21-2015)

No franchise granted by the city council pursuant to the provisions of this chapter, no ownership interest and no rights or responsibilities in a franchisee can be sold, transferred, leased, assigned, mortgage, pledged, hypothecated or otherwise encumbered or disposed of, in whole or in part, directly or indirectly, whether voluntarily or by operation of law, or through any stock transfer, transfer in trust, change in control, consolidation or merger of any company or corporation without the prior written consent of the city council. The city council may grant or deny such a request, and may impose such conditions as it may deem to be in the public interest. Any attempted disposition made without such consent shall be void.

(Ord. No. 471, § 1, 4-21-2015)

A. A franchise granted under the provisions of this chapter may be terminated by the city manager on 30 days written notice mailed to the business address of the franchisee as furnished to the city manager in accordance with this chapter. The notice to the franchisee shall be transmitted by certified mail, return receipt requested, upon the happening of any one of the following:

1. Any franchisee fails or refuses to comply with the provisions of this chapter, any condition set forth in the franchise agreement, the applicable rules and regulations of the city, the mandates of membership in the Amador County Integrated Solid Waste Management Agency, the California Integrated Waste Management Act, or any and all local and state laws;

2. The franchisee fails to provide waste removal services for any continuous 14-day period;

3. The franchisee has offered to assign or has assigned, either voluntarily or by operation of law, any franchise issued hereunder without the prior written approval of the city council;

4. There is any change in the legal or beneficial ownership, either directly or indirectly, by any franchisee without the prior written approval of the city council;

5. The city manager, chief of police, the California Highway Patrol, or the Amador County Health Department finds that the vehicles or other equipment used or proposed to be used by the franchisee for the collection and transportation of refuse are either insufficient, unfit, violate the provisions of this chapter, any state law or regulation, or violate the regulations adopted in accordance with this chapter.

B. Franchisee may terminate the agreement under the terms and conditions of the agreement, upon providing no less than 120 days written notice of termination to the city. All obligations existing upon termination of the franchise, as specified in the franchise agreement, remain binding on the franchisee.

C. Upon termination by either the city or franchisee, the franchisee must immediately cause all business records, customer lists, addresses, billing data and other pertinent operating information to be transferred to the city to become property of the city.

(Ord. No. 471, § 1, 4-21-2015)

Should the franchisee wish to appeal the termination, he or she must deliver to the city clerk within ten days of receipt of the notice of termination a notice of appeal. For purposes of this ten-day period, the franchisee shall be deemed to have received the notice of termination no later than ten days after the notice was mailed by certified mail. If such notice of appeal is timely filed, the city council shall hold hearing within 45 days after the filing of the notice to determine whether cause for the termination exists.

(Ord. No. 471, § 1, 4-21-2015)

The franchisee shall indemnify and appear and defend all actions against the city, officials, its councilpersons, employees and agents arising out of the exercise of the franchise and shall indemnify and save the city, its officials, councilpersons, officers and employees and agents harmless of and from all claims, demands, actions or causes of action of every kind and description, resulting directly or indirectly, arising out of, or in any way related to the services provided or business conducted under this chapter or under any franchise granted pursuant to this chapter.

(Ord. No. 471, § 1, 4-21-2015)

A. The owner, operator and/or occupant of any premises, business establishment, industry, or other property, vacant or occupied, shall be responsible for the safe and sanitary storage of all solid waste accumulated on the property.

B. In all cases in which garbage and rubbish are combined, the standards for garbage shall prevail. The property owner or occupant shall store solid waste on his premises or property or shall require it to be stored or handled in such a manner so as not to promote the propagation, harborage, or attraction of vectors, or the creation of nuisances.

C. When the franchisee furnishes storage containers, the franchisee is responsible for maintaining the containers in good condition.

D. Every property owner, tenant, lessee, or occupant of any private dwelling house or premises and every keeper of a motel, restaurant, eating house, boardinghouse or other building where meals are furnished, and every owner and every business or other person having refuse in the city, shall deposit all garbage and putrescible matter of mixed garbage in containers which are nonabsorbent, vector-resistant, durable, easily cleaned, and designed for safe handling. Containers for garbage and rubbish shall be of an adequate size and in sufficient numbers. Containers shall not leak nor permit the escape of odors. Containers shall be maintained in a clean, sound condition free from putrescible residue.

E. Nothing in this section shall preclude property owner or occupant of premises from the composting of organic waste as defined in Section 8.04.010(B)(3) and in such a manner as to prevent propagation, harborage, or attraction of flies, rodents or other vectors, and the creation of nuisances.

(Ord. No. 471, § 1, 4-21-2015)

A. Standards and Identification. Every container or bin shall be manufactured specifically for its intended use and shall comply with the provisions of the administrative rules and regulations adopted by the city manager as to specifications, characteristics, maintenance, cleanliness and permanent labeling.

B. Containers or Bins of Franchisees. Upon determination by the city manager that a container or bin of a franchisee has been installed, used or maintained in violation of the provisions of this chapter, including, but without limitation failure to observe any term or condition of the franchise agreement, an order to comply or an administrative citation may be issued to the franchisee.

C. Summary Removal of Bins. In the event the city manager determines that the condition or placement of a container or bin constitutes a dangerous condition or obstruction, or that a bin has been placed on a public sidewalk or parkway by a person without a valid franchise, the city manager may cause the bin to be removed summarily and without a hearing. An administrative citation shall be served upon the person who owns the bin within 24 hours of removal, and if the owner cannot be identified, the container or bin shall be treated as abandoned property.

(Ord. No. 471, § 1, 4-21-2015)

A. Persons in control of any premises, business establishment or industry shall be responsible for the satisfactory removal of all refuse accumulated by him or her on his property or his premises. Excepting disruptions in normal refuse collection schedules, garbage shall not be allowed to remain on the premises for more than seven days, in order to prevent propagation, harborage, or attraction of flies, rodents or other vectors, and the creation of nuisances. Where it is deemed necessary by the health officer because of the propagation of vectors and for the protection of public health, more frequent removal of garbage shall be required. Where garbage and rubbish are containerized together, the period of removal shall be that applied to garbage.

B. Solid wastes subject to collection by a franchisee shall become the property of the franchisee after such time as the franchisee takes possession of the wastes. Recyclable material, when destined for organized drives, is an exception to this section.

C. Vehicles and equipment used in the transport of garbage and rubbish shall be constructed and maintained in such a manner as to minimize the health and safety hazards to collection personnel and the public. Private vehicles are exempt from this section.

D. For reasons of nuisance and vector problems, un-cleaned refuse collection vehicles containing putrescible materials shall not be stored on public streets or roads except under emergency conditions. The franchisee must designate a location where the vehicle will be parked when not in service to the satisfaction of the city manager or designee.

E. Equipment used for solid waste collection shall be made available for inspection as requested by any duly authorized official with regulatory authority in this area or the city manager or designee.

(Ord. No. 471, § 1, 4-21-2015)

A person may remove or dispose of, or may cause to be removed and disposed of, from premises occupied by him or under his control such refuse as is created or produced on such premises if the following conditions have been or will be complied with:

Such removal and disposal activity shall be only by the owner or occupant personally, or by such owner's or occupants' regularly employed personnel, carried on the owner's or occupant's payroll records as an employee.

(Ord. No. 471, § 1, 4-21-2015)

It is unlawful for any person to dispose of garbage by burning. The burning of any other solid waste must comply with the regulations of the air pollution control district, state and local fire regulations, and the laws, rules or regulations of any other entity with jurisdiction.

(Ord. No. 471, § 1, 4-21-2015)

If any operation contrary to the provisions of this chapter or contrary to the rules and regulations established under the provisions of this chapter is declared to be unlawful or a public nuisance, the "director," as the term is used in the City of Ione Administrative Enforcement Provisions, Chapter 1.10, may commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such operation and restrain and enjoin any person, firm or corporation from so operating.

(Ord. No. 471, § 1, 4-21-2015)

Any person who is dissatisfied with any decision or ruling by any city officer or employee under the provisions of this chapter, may appeal in writing to the city council, which shall have the power to grant or deny such application. The written appeal must be filed with the city clerk within ten days after the date of the decision or ruling.

(Ord. No. 471, § 1, 4-21-2015)

A. Any violation of this chapter is a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

B. Each separate day, or any portion thereof, during which any violation of this chapter occurs or continues constitutes a separate offense and, upon conviction thereof, shall be punishable as provided in this chapter.

C. Nothing in this chapter shall be construed as preventing the assignment of roadside cleanup duty to any person convicted of producing litter.

(Ord. No. 471, § 1, 4-21-2015)