Monrovia Municipal Code Ch. 8.10 Collection and/or Disposal of Commercial and Industrial Solid Waste And…

The City Council finds and determines as follows:

(A) The city is empowered under California Constitution Section 7 of Article XI to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws. The California Integrated Waste Management Act of 1989 (Cal. Public Resources Code §§ 40000 et seq.) requires the city to divert, through a combination of source reduction and recycling programs, 50% of its solid waste from landfill disposal by the year 2000.

(B) Uniformity in the type and frequency of collection services, means of collection and transportation, type of equipment used, and the nature, location, reporting information and extent of providing solid waste collection services within the city are vital for compliance with statutory requirements set forth by this legislation. Pursuant to the Cal. Public Resources Code, the city is authorized to determine aspects of solid waste handling which are of local concern and the means by which such services are to be rendered under terms and conditions prescribed by the City Council by resolution or ordinance, including the provision of commercial and industrial solid waste collection and disposal services on an exclusive or non-exclusive basis.

(C) Pursuant to the Cal. Public Resources Code, the City Council has determined that public health, safety and well-being require that exclusive or non-exclusive franchises be granted to qualified collectors for solid waste collection, recycling and disposal services for all commercial and industrial customers within the city not serviced under a franchise. In March, 1992, all waste haulers servicing commercial/industrial customers in the city received a five-year notification via certified mail that the city intended to adopt either an exclusive or non-exclusive system in the future.

(`83 Code, § 8.10.010) (Ord. 97-01 § 1, 1997; Ord. 2000-26, § 1, 2000; Ord. 2011-07, § 4, 2012)

The definitions set forth in Chapter 8.08 are incorporated herein by this reference. If any words or phrases are not defined in this code, such terms shall have the meaning applied to them in the Act. In the event of any conflict between the definitions set forth in Chapter 8.08 or the Act and the following, the definitions set forth in this section shall control. The following words and phrases, for purposes of this chapter, are defined and shall be construed as hereunder set out:

ACT. The California Integrated Waste Management Act of 1989, as it now exists or may subsequently be amended, found at Cal. Public Resources Code §§ 40000 et seq., and the applicable implementing regulations.

AUTHORIZED COLLECTOR or COLLECTOR. Any person who has been issued an exclusive or non-exclusive solid waste and recyclables collection franchise pursuant to the provisions set forth in this chapter.

CITY MANAGER. The City Manager of the city, or the City Manager's designated representative.

COMMERCIAL/INDUSTRIAL CUSTOMER. Any commercial or industrial enterprise operating in the city which generates green waste, solid waste or recyclables. COMMERCIAL/INDUSTRIAL CUSTOMERS do not include any single- or multi-family residential dwelling, any city facility, or any commercial or industrial enterprises located in a franchise area, including the Old Town Franchise Area.

COMMERCIAL OR INDUSTRIAL PREMISES. The facilities, land, and/or buildings occupied by a commercial/industrial customer.

COMMERCIAL SOLID WASTE. Solid waste, recyclables, and green waste generated at commercial and industrial premises.

COMPOST or COMPOSTING. The product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. COMPOST includes vegetable, yard, and wood wastes which are not hazardous waste.

CONSTRUCTION AND DEMOLITION WASTE. Any solid waste or debris generated as the result of construction or demolition, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

FOOD WASTE. All animal and vegetable solid wastes generated by food facilities, as defined in Cal. Health and Safety Code § 27521, that result from the storage, preparation, cooking, or handling of food.

GREEN WASTE. All yard waste including, but not limited to, grass clippings, and tree or plant trimmings as well as wood waste.

HAZARDOUS SUBSTANCE. Any substance, waste or mixture of wastes defined as a “Hazardous Waste” pursuant to the Resource Conservation and Recovery Act (RCRA), 42 USC 9601 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC 9601 et seq., and all future amendments to either of them, or as defined pursuant to the California Hazardous Substances Account Act, Cal. Health and Safety Code §§ 25300 et seq., and any consumer products with any of the characteristics of a hazardous substance. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term HAZARDOUS SUBSTANCE shall be construed to have the broader, more encompassing definition.

NON-EXCLUSIVE FRANCHISE. The right and privilege granted by the City Council to one or more persons for the collection and recycling of commercial solid waste.

NON-EXCLUSIVE FRANCHISEE or FRANCHISEE. A person in possession of a valid non-exclusive franchise for the collection and recycling of commercial solid waste issued by the city.

OLD TOWN FRANCHISE AREA. The geographic area in the city that is bounded by the south side of Palm Avenue, the north side of Olive Avenue, the west side of Ivy Avenue, and the east side of Primrose Avenue.

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

RECYCLABLES. Those materials that are suitable for recycling, including but not limited to, newspapers (including inserts and coupons); glass jars and bottles; cans (aluminum, bi-metal, tin); mixed paper (brown bags, cereal boxes, colored paper, computer paper, construction paper, cracker boxes, envelopes, junk mail, legal pad backings, paper egg cartons, shoe boxes, and white paper); telephone books; magazines and catalogs; corrugated cardboard; chipboard; aluminum foil and trays; aerosol cans; scrap metal; plastic containers (1-7); plastic bags.

RECYCLE or 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 materials 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 Cal. Public Resources Code § 40201.

RECYCLER or RECYCLING PERMITTEE. A person in possession of a valid recycler permit issued by the city.

RECYCLER PERMIT. A permit issued by the city for the sole purpose of collecting recyclables only, from commercial/industrial premises, subject to the provisions set forth in § 8.10.160 of this chapter.

RECYCLING AND WASTE DIVERSION RATE. The percentage of recycling and waste diversion achieved by a franchisee.

SOLID WASTE. All putrescible and nonputrescible solid and semisolid wastes, generated in or from residential premises or commercial/industrial premises, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, as defined in Cal. Public Resources Code § 49503, excluding liquid wastes and abandoned vehicles; provided, however, that SOLID WASTE shall not include hazardous waste.

SOLID WASTE PROGRAM ADMINISTRATOR. The city employee designated by the City Manager to implement the city's source reduction and recycling element in an effort to achieve the waste diversion goals of the Act.

SOURCE REDUCTION. Any action which causes a net reduction in the generation of solid waste. SOURCE REDUCTION includes, but is not limited to, reducing the use of non-recyclable materials, replacing disposal materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard, metal, plastic and other materials. SOURCE REDUCTION does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation.

STATE. The State of California.

TRANSFORMATION. Incineration, pyrolysis, distillation, gasification or biological conversion other than composting. TRANSFORMATION does not include composting or biomass conversion.

UNCONTROLLABLE CIRCUMSTANCE. Any event, occasion, situation or natural disaster beyond the control of the collector, and that is recognized as such by both the city and the collector, which impacts the ability of the contractor to perform solid waste collection services under the provisions of this chapter.

(`83 Code, § 8.10.020) (Ord. 97-01 § 1, 1997; Ord. 99-05 § 3, 1999; Ord. 2000-26 § 1, 2000; Ord. 2011-07, § 4, 2012)

(A) Every person in possession, charge, or control of the day-to-day activities at any commercial or industrial premises where solid waste is accumulated shall provide for collection and proper disposal of such solid waste as outlined in this chapter. The regular collection of solid waste from commercial and industrial premises shall occur at a frequency and service level that ensures the public's health, safety and well-being are preserved, and in any event shall occur not less than once per week.

(B) It shall be unlawful for any person in possession, charge or control of the day-to-day activities at any commercial or industrial premises to retain the services of a person to remove solid waste from said premises that does not have a valid business license, and a valid non-exclusive franchise for the collection and recycling of solid waste in the city approved by the City Council.

(C) It shall be unlawful at any time for any person, including franchisees, to burn, bury, dump or otherwise dispose of any solid waste or recyclables within the city, except at a facility authorized by the city.

(D) Any person at any commercial or industrial premises required to secure a business license, as provided under Chapter 5.08 of this code, shall provide the city with proof of subscription to solid waste collection service. Proof of service shall be collected as part of the business license application procedures set forth in § 5.08.080 of this code. It shall be unlawful for any person to falsely represent that he/she has subscribed to solid waste collection service.

(`83 Code, § 8.10.030) (Ord. 2000-26 § 1, 2000; Ord. 2011-07, § 4, 2012)

A valid non-exclusive franchise for the collection and recycling of commercial solid waste is required for the collection and disposal of solid waste and recyclables from commercial and industrial premises in the city.

(A) Notwithstanding any permit issued by any other governmental agency authorizing collection of solid waste or recyclables from commercial/industrial customers, no person shall collect or dispose of solid waste and recyclables, including green waste, from commercial/industrial customers in the city unless that person has a valid non-exclusive franchise for the collection and recycling of commercial solid waste and business license or collection of recyclables with a valid recycler hauler permit and business license.

(B) All franchisees and permittees shall obtain a business license to conduct business in the city from the director of community development or his/her designee. The business license for collectors shall expire December 31 of each year, unless the collector also holds a franchise or contract for solid waste collection services with the city. Business license requirements and fees are prescribed in Chapter 5.08 of this code.

(C) Exclusions. This chapter shall not prevent persons holding a recycler permit and business license issued by the city from collecting recyclables only, from commercial/industrial customers. Further, this chapter shall not authorize any person who has been issued a non-exclusive franchise for the collection and recycling of commercial solid waste, license or other privilege to have any right or responsibility to collect any materials generated from residential dwellings as provided under Chapter 8.08 of this code, or from commercial and industrial customers subject to a city contract or franchise, including the Exclusive Commercial Franchise as provided under Chapter 8.11 of this code.

(`83 Code, § 8.10.040) (Ord. 2000-26 § 1, 2000; Ord. 2011-07, § 4, 2012)

The state has determined that reductions in greenhouse gas emissions from solid waste management can be realized by recovering recyclable materials from the waste stream to use in the manufacturing of products from these materials, and has adopted statues and regulations which require certain generators of commercial solid waste to recycle solid waste generated at their premises. The purpose of this section is to affirm that the statutes and regulations related to the mandatory recycling of commercial solid waste adopted by the state shall apply to commercial and industrial premises in the city.

(A) It shall be the responsibility of every person in possession, charge, or control of the day-to-day activities at any commercial or industrial premises subject to the state mandatory commercial recycling regulations to demonstrate, to the satisfaction of the Solid Waste Program Administrator, that the commercial or industrial premises is in compliance with the state regulations. The Solid Waste Program Administrator shall specify the method by which compliance shall be demonstrated.

(B) The City Council shall have the right to issue notices of noncompliance and assess fines on those commercial or industrial premises that have been determined to be not in compliance with the state mandatory commercial recycling regulations. The City Council shall determine the amount of any fines imposed for noncompliance and the method by which these fines are to be collected.

(C) It is the intention of the City Council that the facilities operated by the city shall be subject to the state's mandatory commercial recycling regulations.

(D) As provided for in the state mandatory commercial recycling regulations, the City Council shall adopt procedures to exempt certain businesses from these regulations.

(Ord. 2011-07, § 4, 2012)

(A) Upon approval of an application for a solid waste and recyclables collection permit, the Solid Waste Program Administrator shall issue a collector permit to the applicant granting, subject to the provisions of this chapter, the right and privilege to collect, remove and dispose of in a lawful manner, commercial and industrial solid waste, green waste, and recyclables accumulated in the city in accordance with this code. The collector permit shall be valid from the date of issuance through December 31 of the same year.

(B) No solid waste and recyclables collection permit granted pursuant to this chapter shall be assigned or transferred without the consent of the Solid Waste Program Administrator. Consent shall be granted if the assignee or transferee is determined by the Solid Waste Program Administrator to conform substantially to the requirements of this chapter and satisfies all permit application approval criteria.

(C) Applications for permit renewals shall be filed with the Solid Waste Program Administrator by December 1 of the preceding year applied for and shall be approved, approved with conditions, or denied based on the collector's compliance with the requirements of this chapter, including the permit application approval criteria.

(D) No collector permit granted pursuant to this chapter shall limit the right of the city to grant an exclusive or non-exclusive franchise for solid waste and recyclables collection services in the city.

(`83 Code, § 8.10.060) (Ord. 2000-26 § 1, 2000)

The following are requirements for a collector issued a solid waste and recyclables collection permit by the city.

(A) (1) Collectors shall submit a quarterly report on a form provided by the city or in a format acceptable to the city, which reflects the solid waste, recyclables and green waste collection and diversion activities for the reporting quarter. The contents of this form will be prescribed by the Solid Waste Program Administrator and shall contain information sufficient to determine compliance with the goals, schedules, and requirements of the Act, the city's Source Reduction and Recycling Element adopted pursuant to the Act, and the requirements of this chapter. This information must include, but is not limited to:

(a) The quantities by weight of solid waste, source separated green waste, source separated recyclables collected, and any recyclables diverted from loads of mixed solid waste.

(b) Each disposal site used during the quarter with tonnage taken to each site.

(c) Each processing site used during the quarter and the tonnage taken by the collector to each site, the amount of recyclables recovered from the tonnage, and the amount and final disposition of any materials remaining from the tonnage.

(d) Hazardous substances inadvertently collected during the quarter, including customer address (if known), quantity and type of material, and final disposition of hazardous substances.

(e) Summary report of the customer complaint log in a format acceptable to the city.

(f) The total amount of quarterly gross revenues received by the collector for providing services under the permit issued pursuant to the provisions of this chapter.

(g) The reporting quarter and permit-year cumulative recycling and waste diversion rate.

(2) Diversion through source reduction, recycling and/or composting activities shall be considered for the purposes of the diversion calculation. Transformation, to the extent that the city can receive diversion credit for transformation under the Act, shall also be considered for the purposes of the diversion calculation. The reporting quarters shall be: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31 of each year. Quarterly reports are to be filed with the Solid Waste Program Administrator no later than 30 days after the last day of the preceding reporting quarter. Failure to submit quarterly reports within this time frame may result in revocation or non-renewal of the collector's permit pursuant to § 8.10.120 of this chapter.

(B) Recycling and waste diversion rate for each collector shall be calculated by taking the total number of tons of any and all materials considered diverted or recycled from the commercial/industrial waste stream and dividing the resulting number by the total tonnage of commercial and industrial solid waste, recyclables, and green waste reported as being removed from collector's commercial and industrial customers in the city. The current quarter's recycling and waste diversion rate and a cumulative permit-year recycling and waste diversion rate shall be calculated and reflected on the quarterly report.

(C) Collectors shall keep and preserve for no less than three years following the applicable reporting period, full, complete and accurate waste diversion and/or recycling reports, financial and accounting records pertaining to cash, billings and disposal transactions for the city. Such records shall include, but not be limited to landfill tonnage receipts, weight tickets for recyclables, transfer station receipts, waste reduction and recycling audit data used in support of source reduction, and any other records and reports that are necessary for the city to enforce the provisions of this chapter and to comply with all applicable laws, including waste diversion requirements.

(D) Source reduction. Collector may elect to document diversion through source reduction through the performance of waste reduction and recycling audits of their commercial/industrial customers serviced in the city. The audit procedures must be consistent with the diversion calculations and methodologies of the California Integrated Waste Management Board. The costs of the audits shall be the sole responsibility of the collector. Upon written request, all source data collected in support of the diversion claimed through source reduction in quarterly reports submitted to the city shall be made available within 30 days of the date of the request. Should the collector fail to provide the information requested to the satisfaction of the Solid Waste Program Administrator, the collector shall be responsible for the maximum permit fees due to the city as set forth by City Council resolution, or the collector's permit may be revoked pursuant to the provisions of § 8.10.120 of this chapter.

(E) Collectors shall provide all data and statistical information that the Solid Waste Program Administrator deems to be necessary to demonstrate compliance with any current, federal, state, or local law, regulation, order or permit. Such records are instrumental in the determination of the collector's permit fees, and shall be subject to audit and inspection at the request of the Solid Waste Program Administrator. Collectors shall be given at least 30 days' notice of any change in reporting requirements.

(F) Permit fees. Collectors shall be subject to quarterly permit fees calculated at a permit fee rate prescribed by City Council resolution. The permit fee rate shall be applied to the total tonnage processed by a collector for the quarterly reporting period, which originated from commercial/industrial customers in the city and is charged against the city as disposal as defined in the Act. Collectors achieving a diversion rate equivalent to or greater than the diversion goals set forth in the Act shall be eligible to receive a reduced quarterly permit fee rate. Permit fees are to be submitted to the Solid Waste Program Administrator no later than 30 days after the last day of the preceding reporting quarter. Collectors submitting quarterly permit fees beyond the 30-day deadline shall be subject to permit revocation or non-renewal, pursuant to § 8.10.120 of this chapter.

(G) CERCLA liability. Collector shall fully indemnify, defend and hold harmless the city against any claim arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes at any place where collector transfers, stores or disposes of solid waste pursuant to the permit issued to the collector, or if its activities pursuant to the permit issued to the collector result in a release of hazardous substances into the environment. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response Compensation and Liability Act, CERCLA, 42 USC 9607(e), and Cal. Health and Safety Code § 25364, to protect, defend, hold harmless and indemnify the city to the maximum extent permitted by law, including, but not limited to, the payment of all costs, claims, liabilities, attorneys fees and costs of suits. Collector's obligation to indemnify, defend and save harmless the city as to environmental related liability (CERCLA liability) shall be limited to the requirements contained in this section.

(H) CERCLA Liability Fund. There is hereby established a CERCLA Liability Fund which shall be funded by a portion of each collector's quarterly permit fees, as established by the city, and which shall be used to indemnify the city as to any CERCLA liability, whether in the form of claims, administrative actions, remediation or otherwise as described in division (G) of this section. Monies deposited into this fund shall remain for no less than five years from the date of deposit. Thereafter, any collector may make a claim for refund of amounts paid into the fund provided: (1) no claim alleging CERCLA liability has been asserted against the city, nor has the city determined that it is exposed to CERCLA liability as a result of any act or omission of the collector; (2) the collector making the claim can show to the city's satisfaction that due to the passage of time, the closure of a dump site, or otherwise, no CERCLA liability can lawfully be imputed to the city as of the date of the claim as a result of the collector's acts or omissions; and (3) the claim is made in writing not later than one year after the expiration of the five-year funding period set forth herein. Should a claim not be made within this one-year period, all amounts which could be claimed shall be subject to escheat to the city in accordance with laws applicable to unclaimed funds. Nothing contained in this section or chapter, including any monetary limit, shall in any way limit, prevent, or otherwise alter the city's right and/or ability to bring an action or claim for indemnity or contribution, or otherwise assert against a collector or collectors, its right to indemnity or contribution, as provided herein.

(I) Hazardous substance notifications. Collector has represented to the city that the collector will carry out its duties to notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and Local Emergency Response Providers, and, if appropriate, the National Response Center, of reportable quantities of hazardous substances, found or observed anywhere within the city, including on, in, under or about city property, city easements, city rights-of-way and city waste containers. In addition to other required notifications, if the collector observes any substances which it or its employees reasonably believe or suspect to contain hazardous wastes unlawfully disposed or released on city property, streets in the city, storm drains, or public rights-of-way, collector also will immediately notify the City Manager and the Los Angeles County Fire Protection District. Notwithstanding the above, collector has no obligation to collect hazardous substances pursuant to the collector permit issued under this chapter.

(J) Solid waste disposal. The collector shall deposit all solid waste collected in the city at landfills which have been properly permitted by the Regional Water Quality Control Board and Local Enforcement Agency, and have received the appropriate classification for the type of solid waste deposited. Landfills utilized by the collector may not be listed as or be considered for inclusion on a state or federal Superfund list. Alternatively, the collector may deposit solid waste collected in the city at transfer stations, waste to energy facilities or material recovery facilities, which have been properly permitted and which are not being considered for inclusion on a state or federal Superfund list. Upon the city's request, the collector shall have the responsibility to furnish to city copies of permits issued for all disposal facilities at which the collector disposes of city's waste. The collector's failure to conduct such due diligence, or disposal of solid waste collected in the city in violation of this section, to the extent it causes liability or damage to the city, shall trigger the collector's obligation to indemnify the city, including liability under CERCLA or any other applicable environmental statutes.

(K) The collector shall provide and maintain all equipment used in performance of this permit in a safe and sanitary manner, and in good operating condition and appearance. Collection vehicles shall be registered with the California Department of Motor Vehicles and shall be maintained so as to comply with the standards of the California Highway Patrol. The collector shall ensure that there is no leakage of solid waste, recyclables, or liquids from collection vehicles. Collection vehicles and containers used for the temporary accumulation and collection of solid waste and recyclables shall be free of “tagging” or graffiti and shall be uniform in appearance, including same colors, corporate logo and shall reflect the collector's name and local telephone number in type not less than two inches in height. Every driver or operator working on or with collection vehicles of the collector shall immediately pick up, clean, haul away and dispose of all refuse, debris, or litter spilled or dropped upon public or private property due to the operation of the collector's vehicles.

(L) The collector shall be responsible for keeping all commercial solid waste containers in good repair and in a clean and sanitary condition. The collector shall remove and replace all commercial/industrial solid waste containers, which are identified by the Director of Community Development or his/her designee as being unsanitary or otherwise unfit for use. The collector shall remove all containers, which are in a public right-of-way.

(M) The collector shall indemnify, relieve, release, defend, hold harmless and forever discharge the city and its officers, agents, employees, attorneys, administrators, affiliates, representatives, servants, insurers, successors, heirs and each of them, of and from any and all claims, rights, debts, liabilities, demands, obligations, liens, promises, acts, agreements, costs and expenses (including, but not limited to, attorneys' fees and costs), damages, actions and causes of action, of whatever kind or nature (including without limitation, any statutory, civil or administrative claim), whether known or unknown, suspected or unsuspected, fixed or contingent, apparent or concealed, in any way based on, arising out of or related to or connected with the collector permit issued by the city pursuant to the provisions of this chapter except to the extent attributable to the city's own negligence or willful misconduct. The provisions of this division (M) and all other indemnities herein shall survive the termination or expiration of the collector's permit to the maximum extent permitted by law.

(N) The collector shall carry public liability and auto insurance during the term of the solid waste and recyclables collection permit in an amount not less than $1,000,000 aggregate, $1,000,000 per occurrence during the permit term. The collector additionally shall provide worker's compensation insurance in the amount required by law for its employees or shall have been issued a certificate to self-insure in accordance with state law. All public liability insurance obtained by the collector shall name as additional insured the city, its officers, agents and employees and shall require that 30 days' written notice be given prior to the reduction or modification of the limits or cancellation or expiration of the policy. The collector shall provide the city with a certificate or certificates together with endorsements showing that the required insurance will be in effect for at least 30 days in advance of the first day the collector will perform services under the permit issued by the city. No work shall be performed by the collector during any period when the collector is not covered by insurance as required by this section. In the event the collector does any work while not covered by the insurance, the city may immediately revoke the collector's permit without providing the 30 days' written notice required by § 8.10.120 of this chapter.

(O) The collector shall indemnify, defend and hold harmless the city, its officers, agents and employees with respect to: (1) any and all claims, losses and liabilities whatsoever for damages of any nature occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connection with the exercise of the collector's permit and each collector's activities thereunder; (2) any and all claims, lawsuits, liabilities or actions arising from the issuance of the collector permit pursuant to the provisions of this chapter; (3) any and all claims, losses and liabilities for property damage, personal liabilities and/or death arising out of or alleged to have arisen from, or connected with the collector's performance of its obligations pursuant to the issuance of a collector permit pursuant to the provisions of this chapter; and (4) any claim or liability arising from or attributable to any alleged breach of warranty of merchantability or fitness of purpose or other laws relating to product liability for solid waste and recyclables collected pursuant to the provisions of this chapter. The collector's obligation to indemnify, as required herein, shall include payment of all attorney's fees and costs of defense.

(P) The collector shall comply with the city's Noise Regulations as set forth in Chapter 9.44 of this code.

(Q) The collector and any and all employees of the collector shall provide solid waste collection service in compliance with all federal, state and local laws and with all applicable regulations promulgated by federal, state, or local administrative or regulatory agencies, now in force and as they may be enacted, issued or amended during the term of the collector's permit.

(R) Ad hoc reports. The collector shall provide up to six reports per calendar year of varying detail and format, as specifically requested by the city, to meet unforeseeable information queries by the California Integrated Waste Management Board, or other public agencies, including the city.

(S) Customer privacy. The collector shall strictly observe and protect the rights of privacy of commercial/ industrial customers. Information identifying individual commercial/industrial customers, or the composition or contents of a commercial/industrial customer's solid waste or recyclables shall not be revealed to any person, governmental unit, private agency or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the commercial/industrial customer. This provision shall not be construed to preclude the collector from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses, which may be required to comply with the Act. The collector shall not market or distribute outside the normal course of its business, mailing lists with the names and addresses of commercial/industrial customers. The rights accorded customers pursuant to this division (S) shall be in addition to any other privacy right accorded customers pursuant to federal or state law.

(T) Adverse information. The collector shall provide the city two copies of all reports, or other material adversely affecting the collector's permit issued pursuant to this chapter, submitted by the collector to the Environmental Protection Agency, the California Integrated Waste Management Board or any other federal or state agency unless otherwise prohibited by law. Copies shall be submitted to the city simultaneously with the collector's filing of such matters with said agencies. The collector's routine correspondence to said agencies need not be automatically submitted to the city, but shall be made available to the city upon written request, as provided in this section and below.

(1) The collector shall submit to the city copies of all pleadings, applications, notifications, communications and documents of any kind submitted by the collector to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other government bodies relating specifically to the collector's performance of services pursuant to the provisions of this chapter. Any confidential data exempt from public disclosure shall be retained in confidence by the city and its authorized agents and shall not be made available for public inspection.

(2) The collector shall submit to the city such other information or reports in such forms and at such times as the city may reasonably request or require.

(3) All reports and records required under this or any section of this chapter shall be furnished at the sole expense of the collector.

(U) Assignment. The collector shall not assign any portion of the rights and privileges granted under the collector permit without written consent of the city.

(V) Subcontracting. The collector shall not engage any subcontractors for collection of solid waste, green waste or recyclables without prior written consent of the city.

(`83 Code, § 8.10.070) (Ord. 2000-26 § 1, 2000)

(A) (1) Collector's failure, refusal or neglect to prepare and file any of the reports required by this chapter, or refusal to provide required information to the city, or the inclusion of any materially false or misleading statement or representation by the collector in such reports shall be deemed a violation of the terms of the permit, and shall constitute cause for the Solid Waste Program Administrator to revoke or not renew the solid waste and recyclables collection permit issued by the city. The collector shall also be subject to fines and all legal remedies, which are otherwise available to the city. In addition to the revocation or non-renewal of a collector permit, a penalty for late permit fees shall be applied in accordance with a schedule set forth by resolution of the City Council. Reports and/or permit fees that are submitted to the Solid Waste Program Administrator after 30 calendar days following the end of the previous reporting quarter will result in an automatic collector permit review by the Solid Waste Program Administrator. The collector permit review shall include, but not be limited to:

(a) The number of times the collector has submitted quarterly reports after the 30-day deadline in the last 12 months and the relative degree of the delinquent submissions (e.g. 10 days late, 20 days late, and the like);

(b) The number of times the collector has submitted quarterly permit fees after the 30-day deadline in the last 12 months and the relative degree of the delinquent submission (e.g. 10 days late, 20 days late, and the like);

(c) The responsiveness of the collector to written requests from the city to submit quarterly reports and/or permit fees that are past due;

(d) Any other file information or documentation that may reflect on the collector's willingness and/or ability to fulfill the permit requirements as prescribed by this chapter.

(2) Upon consideration of these and any other factors deemed pertinent, the Solid Waste Administrator shall continue the collector permit term in force, continue the collector permit term in force with conditions, or revoke the collector permit pursuant to § 8.10.120.

(B) (1) A collector whose permit is revoked or not renewed by the Solid Waste Program Administrator may appeal the decision to the City Manager by filing a written appeal and request for hearing in the City Clerk's Office within 14 calendar days of the date of the written notification of denial; provided, however, that if the 14 days expires on a date City Hall is not open for business, then the appeal period shall be extended to the next business day. Failure to file a timely appeal precludes the collector's option to file an appeal. Upon the filing of a timely appeal, the City Manager shall schedule an administrative hearing on the permit revocation or non-renewal. Notice of the time, date and place of the administrative hearing shall be mailed to the collector at least ten days prior to the date of the hearing. The collector shall have the option of presenting his/her case in writing by the hearing date or presenting his/her case in person. At the hearing the City Manager shall consider:

(a) The Solid Waste Program Administrator's reasons for revoking the permit;

(b) The applicant's response to the Solid Waste Program Administrator's reasons for the permit revocation;

(c) Any other information deemed pertinent to the appeal decision.

(2) The City Manager shall give the collector and/or its representatives and any other interested persons, a reasonable opportunity to be heard. The administrative hearing shall be informal and the rules of evidence generally applied in judicial proceedings shall not be applicable. Within 30 days after the date of the administrative hearing, the City Manager, in consultation with the City Attorney, shall render a decision. The City Manager may affirm, modify, or reverse with or without conditions the action of the Solid Waste Program Administrator. The decision of the City Manager shall be made in writing, shall be supported by findings and shall be final.

(C) Upon revocation or non-renewal of a collector's permit, the collector shall cease to provide solid waste collection services in the city within 30 days of the date of the notice of revocation, non-renewal or appeal decision, whichever is applicable. The collector shall be required to submit the quarterly report and permit fees due to the city through the last day of operations in the city.

(`83 Code, § 8.10.080) (Ord. 2000-26 § 1, 2000)

The City Manager, acting by and through a duly authorized officer, employee, agent or independent contractor selected by the city, shall have the right at all reasonable times and upon reasonable advance notice, to review and to audit all financial and other records relating to waste tonnages, recyclables, and permit fees maintained by the collector which pertain to solid waste and recyclables collection services authorized under this permit to verify accuracy of all records and reports made to the city. The City Manager shall establish written procedures for such proceedings, including the standards under which the collector shall be responsible for the cost of the audit.

(`83 Code, § 8.10.090) (Ord. 2000-26 § 1, 2000)

Should the city desire to conduct waste studies on recycling and diversion practices in the commercial/industrial sector, either directly or through the services of a consultant, the collector shall cooperate fully with the city and/or the city's consultant in providing information deemed necessary by the city to conduct the waste studies.

(`83 Code, § 8.10.100) (Ord. 2000-26 § 1, 2000)

No collector shall increase its rates to provide solid waste and recyclables collection services to any commercial/industrial customer during any 12-month period by an amount exceeding the greater of 5% or the percentage increase in the current Consumer Price Index (CPI), per year. Should an uncontrollable circumstance necessitate a rate increase of more than 5%, or the percent of any CPI increase in any one year, then any commercial/industrial customer shall have the right to discontinue service with the collector without penalty, and enter into a service agreement with another permitted collector. Prior to any increase in rates, the collector shall provide the commercial/industrial customer with 30 days' prior written notice of the amount of the prospective rate increase. Should a commercial/industrial customer request a change in the level of service provided, the collector shall have the authority to adjust its rates accordingly.

(`83 Code, § 8.10.110) (Ord. 2000-26 § 1, 2000)

(A) (1) Any permit issued under the provisions of this chapter is subject to revocation or non-renewal for cause. In addition to the grounds provided elsewhere in this chapter, the following shall constitute a basis for the revocation or non-renewal of a collector permit:

(a) When the continuance of the operations of the collector under such permit shall be contrary to the public health, safety or well-being, or shall be found to constitute a public nuisance;

(b) If the holder of the permit commits material violation or multiple violations of any federal or state law, regulations of the California Integrated Waste Management Board or its successor, a local law enforcement agency, this code, or any other condition of the permit;

(c) If the holder of the permit practices, or attempts to practice any fraud or deceit upon the city or any customer, or makes or uses any false, fictitious or fraudulent statements or representations in connection with the issuance or renewal of the permit with its reporting requirements;

(d) If the holder of the permit becomes insolvent, unable or unwilling to pay its debts, or a receiver/trustee is appointed to take over and conduct the business of the permit holder whether in a receivership, reorganization or bankruptcy proceeding;

(e) If the holder of the permit commits a material violation or multiple violations of any order or ruling of any regulatory body with respect to solid waste and recyclables collected within the city, except that such order or ruling may be contested by appropriate proceedings conducted in good faith, in which case no violation shall be deemed to have occurred until a final decision adverse to the holder is entered.

(2) Unless otherwise noted in this chapter, the Solid Waste Program Administrator shall provide 30 days' written notice to the collector of the revocation or non-renewal of the solid waste and recyclables collection permit.

(B) (1) A collector whose permit is revoked or not renewed by the Solid Waste Program Administrator may appeal the decision to the City Manager by filing a written appeal and request for hearing in the City Clerk's Office within 14 calendar days of the date of the written notification of denial; provided, however, that if the 14 days expires on a date City Hall is not open for business, then the appeal period shall be extended to the next business day. Failure to file a timely appeal precludes the collector's option to file an appeal. Upon the filing of a timely appeal, the City Manager shall schedule an administrative hearing on the permit revocation or non-renewal. Notice of the time, date and place of the administrative hearing shall be mailed to the collector at least ten days prior to the date of the hearing. The collector shall have the option of presenting his/her case in writing by the hearing date or presenting his/her case in person. At the hearing the City Manager shall consider:

(a) The Solid Waste Program Administrator's reasons for revoking or not renewing the permit;

(b) The applicant's response to the Solid Waste Program Administrator's reasons for the permit revocation or non-renewal;

(c) Any other information deemed pertinent to the appeal decision.

(2) The City Manager shall give the collector and/or its representatives and any other interested persons, a reasonable opportunity to be heard. The administrative hearing shall be informal and the rules of evidence generally applied in judicial proceedings shall not be applicable. Within 30 days after the date of the administrative hearing, the City Manager, in consultation with the City Attorney, shall render a decision. The City Manager may affirm, modify, or reverse with or without conditions, the action of the Solid Waste Program Administrator. The decision of the City Manager shall be made in writing, shall be supported by findings and shall be final.

(C) Upon revocation or non-renewal of a collector's permit, the collector shall cease to provide solid waste collection services in the city within 30 days of the date of the notice of revocation, non-renewal or appeal decision, whichever is applicable. The collector shall be required to submit the quarterly report and permit fees due to the city through the last day of operations in the city.

(`83 Code, § 8.10.120) (Ord. 2000-26 § 1, 2000)

No person other than the commercial/industrial customer where a solid waste or recyclables container is placed for collection, or the authorized collector, or an owner or employee of either, shall tamper with or remove materials from such container. Nothing in this section shall prevent a permitted recycler from collecting recyclables only from his or her container placed for collection as authorized by the commercial/industrial customer.

(`83 Code, § 8.10.130) (Ord. 2000-26 § 1, 2000; Ord. 2011-07, § 4, 2012)

It is expressly understood that all solid waste, green waste and recyclables collected from commercial/industrial customers shall become the property of the collector upon collection.

(`83 Code, § 8.10.150) (Ord. 2000-26 § 1, 2000; Ord. 2011-07, § 4, 2012)

(A) Any person wishing to engage in the collection of recyclables only, from commercial/industrial customers in the city shall submit an application for a recycler permit on a form provided by the city. The information provided in the application shall be certified under penalty of perjury by the applicant as being true and correct. The Solid Waste Program Administrator may require additional information as authorized by law. In order for the materials to be deemed recyclables only, the following conditions must be met:

(1) The recyclables must be segregated from, and not mixed with solid waste; and

(2) The recycler shall not request or receive any consideration or payment, including a consulting fee, from the person from whom the recyclables are collected, for collecting, processing or transporting such recyclables.

(B) An application fee in an amount set forth by City Council resolution must accompany the application form for the application to be deemed complete.

(C) Completed applications shall be approved and a recycler permit issued, subject to the provisions set forth in this chapter. The recycler permit shall be valid from the date of issuance through December 31 of the same year.

(D) Applications for recycler permit renewals shall be filed with the Solid Waste Program Administrator by December 1 of the preceding year applied for, and shall be approved, approved with conditions, or denied based on the recycler's compliance with the requirements of this chapter, including the recycler permit application criteria.

(E) Each person issued a recycler permit shall submit a quarterly report on a form provided by the city or in a format acceptable to the city, which reflects the recyclables collection activities for the reporting month. The contents of this form will be prescribed by the Solid Waste Program Administrator, and shall contain information sufficient to determine compliance with the goals, schedules, and requirements of the Act, the city's Source Reduction and Recycling Element adopted pursuant to the Act, and the requirements of this chapter. The form is due to the Solid Waste Program Administrator no later than 30 days after the end of the preceding reporting month.

(`83 Code, § 8.10.160) (Ord. 2000-26 § 1, 2000; Ord. 2011-07, § 4, 2012)

The City Manager is hereby empowered and directed to administer the provisions of this chapter, subject to the rules and regulations as may from time to time be established by the City Council.

(`83 Code, § 8.10.170) (Ord. 2000-26 § 1, 2000; Ord. 2011-07, § 4, 2012)