Lindsay Municipal Code § 8.15 Nondiscarded Recyclables Collection And Disposal Franchises

The purpose of this chapter is to regulate the collection and disposition of nondiscarded recyclables within the city of Lindsay ("city") and to control the amount of such recyclables deposited into landfills. Further, it is the purpose of this chapter to establish reporting requirements and guidelines that shall be followed by franchisees, licensees or permittees in disposing of nondiscarded recyclables, thereby assuring compliance with the solid waste diversion requirements imposed by California Public Resources Code Section 41780.

The provisions of this chapter supplement those regulations contained in Chapter 8.14 and Chapter 8.12 of the city of Lindsay Municipal Code relating to the collection and disposition of solid wastes.

(Ord. 466 § 1, 1996)

It is declared that in order to more effectively regulate, control and monitor the amount of nondiscarded recyclables being deposited in landfills and document the amount diverted from the solid waste stream, it is in the best interests of the city to require those persons desiring to gather, collect, transport or otherwise dispose of nondiscarded recyclables to obtain from the city a duly authorized franchise, license or permit to do so. Said franchise, license or permit to gather, collect, transport or otherwise dispose of nondiscarded recyclables shall be nonexclusive. Each franchise, license or permit awarded hereunder shall specifically describe the type of recyclable material (e.g., bottles, cans, cardboard, etc.) to be collected and disposed of.

(Ord. 466 § 2, 1996)

For purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

"Discarded" means thrown away; abandoned; worthless; lack of economic value.

"Recyclables" means materials that have value and can be diverted from landfill disposal. Those materials that by collecting, sorting, cleansing, treating, and reconstituting would otherwise become solid waste, and by processing can be returned to the economic mainstream in the form of raw materials for new, reused or reconstituted products.

(Ord. 466 § 3, 1996)

1. Except as provided below no person shall gather, collect, transport or otherwise dispose of nondiscarded recyclables without first obtaining from the city a franchise, license or permit to do so, as provided in this chapter. Such franchise, license or permit shall allow the franchisee, licensee or permittee to gather, collect, transport and dispose of nondiscarded recyclables from any place where the same was placed by its owner or person in control.
2. The provisions of this chapter shall not apply to owners or those in control of nondiscarded recyclables who personally and lawfully transport and dispose of same at properly designated disposal sites.

(Ord. 466 § 4, 1996)

Any person desiring to obtain a franchise, license or permit to collect, gather, transport or otherwise dispose of nondiscarded recyclables as required by Section 8.15.040 shall pay a fee, established by resolution by the city council, to the city clerk and shall make application for the franchise, license or permit to the council. The application shall be in the form on file in the city clerk's office, and shall include, but not be limited to, the following information:

1. The name and address of the applicant, and if the same be a corporation, partnership, association or company, the name of its principal officers, with the address of each, and the names, addresses and percentage of ownership of all owners of the business.
2. A description of each vehicle the applicant intends to operate. Such description should include the make, year of manufacture, the motor and chassis number, the California state license number, and the color scheme, insignia, name, monogram or other distinguishing characteristics used to identify such vehicle.
3. Address and telephone number of proposed place of business.
4. Evidence that all vehicles to be used in providing the recyclable disposal service have been properly licensed, inspected and insured.
5. Evidence that each employee providing the disposal service possesses a valid certificate or drivers license as required by the state of California Vehicle Code.
6. Any other information deemed relevant by the city.

Applications for franchises, licenses or permits to collect and dispose of nondiscarded recyclables shall be processed by the granting official within thirty days after the time period set for submission of applications. The granting official shall present recommendations for award of a franchise, license or permit to the city council at a regularly scheduled meeting of the city council. The council shall conduct a public hearing and by resolution award the franchise, license or permit.

(Ord. 466 § 5, 1996)

1. Term. The award of the franchise, license or permit shall become effective on a date determined by the council, and shall be for a period of two years, unless sooner terminated, and each franchise, license or permit so awarded shall be subject to the right of the city to terminate, alter, or amend as provided herein.
2. Renewal. A franchise, license or permit may be renewed if:
3. The franchisee, licensee or permittee has substantially complied with the material terms of the existing franchise, license or permit and applicable law;
4. The quality of the franchisee's, licensee's or permittee's service has been reasonable in light of the community needs;
5. The franchisee, licensee or permittee has the financial, legal, and technical ability to provide the services, facilities and equipment set forth in the application;
6. Renewal Proceeding. In any renewal proceeding, the franchisee, licensee or permittee shall be given adequate notice and fair opportunity for full participation, including the right to present evidence, require the production of evidence, and to question witnesses.
7. A proceeding under this subsection shall be completed within a reasonable time period and the city shall issue a written decision granting or denying the application and the reasons therefor and transmit a copy of such decision to the franchisee, licensee or permittee.
8. Any denial of renewal application shall be based on one or more adverse findings made with respect to the factors described in subsection B of this section, pursuant to the record of the renewal proceedings.
9. The decision of the city council shall be final and conclusive.

(Ord. 466 § 6, 1996)

Nothing in this chapter shall modify or abrogate in any manner the following:

1. Any franchise previously granted or extended by any county or local governmental agency, or
2. Any contract, license, or any permit to collect solid waste previously granted or extended by a city, county or city and county.

(Ord. 466 § 7, 1996)

The franchisee, licensee or permittee shall indemnify, defend, and hold harmless the city, its council, officers, officials, agents, employees, boards and commissions from all liability, loss, damage, expense, costs (including attorneys fees and other costs and fees of litigation) of every nature (whether in contract, tort or strict liability), including personal injury, death, or property damage, arising out of franchisee's, licensee's or permittee's or any of its employees' or agents, performance of work or failure to comply with any of the obligations under the franchise agreement, license or permit except such loss or damage caused by the sole negligence or wilful misconduct of the city, its agents, officials, or employees acting within the scope of their employment or authority.

(Ord. 466 § 8, 1996)

The city manager, his designee, or other franchise, license or permit granting officer may modify the terms of the franchise, license or permit on a temporary basis at any time, for any time not to exceed thirty days, upon any of the following occurrences:

1. The closing, bankruptcy, or dissolution of the disposal company.
2. Suspension, revocation, or termination of the franchisee's, licensee's or permittee's license under this chapter or any other ordinance duly adopted by the city.
3. Any other circumstance which disrupts or ends the recyclable disposal service in the city without proper notice to allow appropriate council action.

(Ord. 466 § 9, 1996)

The franchise, license or permit may be revoked or suspended if the franchisee, licensee or permittee, any of his/her employees or agents, or any other person authorized thereunder has:

1. Violated any terms of this chapter or any of the provisions of Chapter 8.12 of the city of Lindsay Municipal Code, Solid Waste.
2. Violated any terms or conditions of the franchise or other required licenses and/or permits.
3. Misrepresented a material statement of fact in the application for the recyclable disposal franchise, license or permit.
4. Committed any act or failed to perform any obligation which adversely affects the health, safety and welfare of the citizens of the city.
5. Deliberately provided false information to the franchise, license or permit granting officials.

If any term or condition of a franchise, license or permit granted hereunder shall become invalid or unenforceable, the city council may by resolution terminate the franchise, license or permit upon a finding that the invalid term or condition was material to the granting of the franchise, license or permit.

(Ord. 466 § 10, 1996)

The franchisee, licensee or permittee may collect nondiscarded recyclables originating in the city limits in accordance with the franchise agreement, license or permit. In addition to the above application requirements the franchisee, licensee or permittee, his employees, agents, and any other person authorized under the franchise, license or permit shall:

1. Obtain the requisite business licenses and permits to operate within the city and pay the appropriate business license fees.
2. Provide employees, workers, agents, and equipment with identifiable uniforms and/or insignia.
3. Conduct disposal activities in such a manner and at such times so as not to interfere with or violate any noise or similar ordinance.
4. Deliver and deposit all nondiscarded recyclables to a properly designated site.
5. Maintain each vehicle used pursuant to the franchise, license or permit in good working order and abide by all local, state and federal laws applicable to the performance and operation of such vehicles.

(Ord. 466 § 11, 1996)

To assist the city in complying with the solid waste diversion requirements as defined in California Public Resources Code Section 41780 the franchisee, licensee or permittee shall maintain and report monthly to the city the following information:

1. The description and nature of the material (e.g., bottles, cardboard, etc.) collected.
2. The amount, weight or tonnage of the nondiscarded recyclables collected and disposed of.
3. Name(s) and address(es) of the site(s) where the above recyclables were disposed.

The franchisee, licensee or permittee shall maintain such records for a period of five years and shall, upon reasonable request, make such records available for the city's inspection.

(Ord. 466 § 12, 1996)

No franchise, license or permit issued pursuant to this chapter nor interest therein or duties thereunder shall be sold, assigned, delegated, transferred or otherwise disposed of without the consent of the city expressed by resolution or ordinance.

(Ord. 466 § 13, 1996)

The city declares that as a result of this chapter and any franchise, license or permit issued pursuant hereto, a possessory interest subject to property taxation may be created. The franchisee, licensee or permittee as the party in whom the possessory interest will be vested, may be subject to the payment of property taxes levied upon such interest.

(Ord. 466 § 14, 1996)

The curbside collection and disposition of nondiscarded recyclables, as described herein, without a duly authorized franchise, license or permit is prohibited. Any person unlawfully violating any provision of this chapter shall be guilty of an infraction and is punishable as provided under the general provisions of the city of Lindsay Municipal Code.

(Ord. 466 § 15, 1996)