La Puente Municipal Code Part 5 Exclusions

No provision of this chapter shall prevent residential householders from composting green wastes or from selling or disposing of recyclables generated in or on their residential premises; provided, however, that no residential householder shall employ or engage any solid waste enterprise, other than the franchised residential collector, to haul or transport such materials to a transfer station or landfill.

(Ord. 881 § 4, 2009; Ord. 671 § 1 (part), 1992)

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.

(Ord. 671 § 1 (part), 1992)

(a) Source Separated Recyclables.

(1) No provision of this chapter shall prevent a commercial/industrial business 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, ferrous or nonferrous metal, wornout or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a commercial/industrial premises or business, and no longer useful to such commercial/industrial business but having a 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 commercial/industrial 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.

(2) 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 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 subsection A 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.

(b) Renovation, Rebuilding, Repairs. No provision of this chapter shall prevent a commercial/industrial business owner from arranging for any worn, spent or defective equipment, or part thereof, used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such commercial/industrial business owner; nor shall any provision of this chapter prevent any person engaged in the business or renovating, rebuilding, recharging, regenerating or otherwise restoring or repairing such equipment or part thereof, from transporting the same from or returning it to the commercial/industrial business, or from removing, transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract.

(Ord. 671 § 1 (part), 1992)

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 pro-visions of the demolition or construction contract; provided, however, that if a subcontractor is to be engaged to remove such demolition waste, the exclusive franchised collector shall have the right of first refusal to provide such services. If the exclusive franchised collector cannot guarantee that such services will be provided within a period of twenty-four hours, then the city manager may authorize the licensed contractor or the owner of the premises to utilize the services of another duly authorized solid waste enterprise.

(Ord. 671 § 1 (part), 1992)

No provision of this chapter shall prevent any person engaged in the business of destroying or disposing of secret, confidential or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating or other means, as a part of such document destruction or disposal service.

(Ord. 671 § 1 (part), 1992)

Any owner of unimproved vacant property who does not use the solid waste or recyclables collection services offered by the authorized collector shall be exempt from payment of solid waste and recyclables collection rates.

(Ord. 881 § 6, 2009)

(a) In all cases where the right to an exclusion pursuant to Sections 4.12.220 through 4.12.253 is exercised, disposal shall be made at a transfer station, material recovery facility, landfill, or other waste processing or disposal facility which meets all applicable regulatory requirements.

(b) Any such disposal by a person excluded under Sections 4.12.220 through 4.12.253 shall not relieve such person from any obligation or liability imposed by this chapter or any other city ordinance, resolution, rule or regulation for the payment of the solid waste and recyclables collection rates charged by the authorized collector, or for payment of any other applicable rates or fees.

(c) Notwithstanding the provisions of subsection (b) of this section, any person excluded under Section 4.12.220 through 4.12.253 shall be exempt from the payment of the solid waste and recyclables collection rates imposed for use of the services provided by the authorized collector. Notwithstanding the foregoing, any person who does not use the solid waste collection services offered by the authorized collector, but who uses the recyclables collection services offered by the authorized collector, must pay the applicable rates and charges for such recyclables collection services.

(Ord. 881 § 6, 2009; Ord. 765 § 2 (part), 1998)