La Puente Municipal Code Part 6 General Requirements

(a) All solid waste collected from residential or commercial/industrial premises for a fee, service charge or other consideration, shall be collected by a solid waste enterprise under the provisions of an exclusive franchise awarded by the city council (franchised collector) subject only to subsection E below.

(b) No person, firm, corporation or solid waste enterprise, other than those referenced in subsection A 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.

(c) Except as otherwise provided in this chapter, each residential owner and commercial/industrial business owner shall utilize the services of the franchised collector for the collection of solid waste from the residential or commercial/industrial premises held or occupied by such owner and shall pay for such services the fees approved by the city council. No residential or commercial/industrial business 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.

(d) Nothing in this chapter shall prevent a commercial/industrial 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 exclusive franchise between the city and the franchised collector.

(e) Notwithstanding the provisions of subsection B 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 November 19, 1996, or until the rights thereunder are earlier terminated or revoked, or expire pursuant to the provisions of Section 49520 of the Public Resources Code. Such solid waste enterprises are hereinafter referred to as excepted collectors. The exclusive franchise of the franchised collector shall not preclude the owner of a residential or commercial/industrial 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; provided, however, if the rights of an excepted collector provide services are terminated or revoked for any reason, the business owner shall not use the services of any collector other than the exclusive franchised collector.

(f) Any bin used for storing or transporting salvage or solid waste which is not the property of the solid waste franchisee may be removed from any premises in the city and impounded without the notice to the owner of the bin. Such removal and impoundment may be made by any person or entity designated by the city manager. In the event the bin has contents, they may be held with the bin or disposed of if the city manager (or his designee) determines disposal to be necessary to preserve the public health, safety and welfare. Any such bin shall be held under his direction, subject to the right of the owner thereof to take it upon payment of a sum, as provided in a fee schedule approved by the city manager, for each day said bin is impounded or held to cover the cost of removal, storage and overhead charges. Within two business days after the city has removed and impounded the bin and its contents, if any, the city manager shall mail, postage prepaid, written notice to the owner of the bin, advising the owner that the bin has been removed and is in the possession of the city and that, if said bin is not redeemed by the owner and any applicable charges paid, within thirty (30) days, said bin will be subject to sale at a public auction. The proceeds of any such sale shall be applied to the cost of such sale, and to the cost of removal and holding of such bin and the disposal of its contents, if any, plus twenty-five percent (25%) of such costs for the overhead expenses of the city in causing such sale. Any balance of such proceeds shall be paid upon demand to the person who owns such bin at the time of its removal. In the instance of a deficiency, where the sale price of the bin does not generate sufficient money to pay for the costs of removal, storage, disposal fees, if any, and overhead charges, the city manager shall submit an invoice to the bin owner for payment in an amount equal to the deficiency. The bin may be redeemed by the owner at any time prior to the sale and upon payment of the amounts due and owing pursuant to this section.

(Ord. 824 § 1, 2004: Ord. 671 § 1 (part), 1992)

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.

(Ord. 671 § 1 (part), 1992)

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 manager, or is necessary owing to mechanical failure or accidental damage to a vehicle.

(Ord. 671 § 1 (part), 1992)

(a) No person other than the residential collector authorized to provide collection services at residential premises, or a licensed commercial recycling company, 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.

(b) No person other than a commercial/industrial collector authorized to provide collection services at commercial/industrial premises, or the commercial/industrial business owner occupying the commercial/industrial premises in or upon which a solid waste container or recyclables container is placed for collection at the usual place of collection, shall remove any material from such container.

(Ord. 749 § 1, 1997: Ord. 671 § 1 (part), 1992)

(a) No collection within the city shall be made between the hours of six p.m. and seven a.m. Monday through Saturday or at any time on Sunday.

(b) No delivery or removal of containers by a collector may be made between the hours of six p.m. and seven a.m. the next day.

(c) The city manager may waive the requirements of this section when necessitated by conditions beyond the control of the collector.

(Ord. 671 § 1 (part), 1992)

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.

(Ord. 671 § 1 (part), 1992)

At such time as the solid waste or recyclables are placed for collection at the usual place of collection, the solid waste or recyclables are the property of the collector.

(Ord. 749 § 2, 1997: Ord. 671 § 1 (part), 1992)

(a) It is unlawful at any time for any person, including collectors, to burn any solid waste or recyclables within the city.

(b) It is unlawful at any time for any person, including collectors, to bury or dump any solid waste or recyclables within the city.

(Ord. 671 § 1 (part), 1992)

The manager shall supervise the collection, transportation and disposition of solid waste and/or recyclables.

(Ord. 671 § 1 (part), 1992)

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.

(Ord. 671 § 1 (part), 1992)

(a) Each collector shall provide the city with monthly tonnage reports which include the following:

(1) Total amount of solid waste removed from the city for the respective reporting month;

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

(3) 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;

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

(5) The complaint log described in Section 4.12.410B.

(b) 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 report month. Reports must be received by the city engineer by five p.m.

(Ord. 671 § 1 (part), 1992)

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 must be delivered to the city on or before July 31st of each year, for the immediately preceding period of July 1st through June 30th. 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.

(Ord. 671 § 1 (part), 1992)

Each collector shall at all time provide, at its own expense, workers’ compensation insurance coverage for all employees. Each collector shall file and maintain certificates with the manager showing the insurance to be in full force and effect at all times the collector shall have a permit issued by the city.

(Ord. 671 § 1 (part), 1992)

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 one million dollars 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 of La Puente and its officers, employees and agents as additional insureds and shall not be canceled or modified without first giving to city thirty-days’ prior written notice.

(Ord. 671 § 1 (part), 1992)

Any permittee or franchisee or person who collects, transports or disposes of solid waste or recyclables within the city 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 person.

(Ord. 671 § 1 (part), 1992)

(a) 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 seven a.m. and six p.m. of each weekday and between seven a.m. and six 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.

(b) 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 caller’s 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. 671 § 1 (part), 1992)