Montebello Municipal Code Ch. 8.12 Refuse Collection and Disposal

For the purpose of this chapter, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended:

"Assignment" of a franchise issued pursuant to this chapter means:

1. Any sale, exchange or other transfer of a franchise issued pursuant to this chapter;

2. Any sale, exchange or other transfer of substantially all of the franchisee's assets dedicated to service pursuant to this chapter;

3. Any sale, exchange or other transfer of thirty percent or more of the outstanding common stock of or partnership interests in the franchisee or by any parent company or corporation of the franchisee;

4. Any reorganization, consolidation, merger recapitalization, stock issuance or re-issuance, voting trust, pooling franchise, escrow arrangement, liquidation or other transaction to which the franchisee or any parent company or corporation of the franchisee or any of its shareholders is a party which results in a change of ownership or control of thirty percent or more of the value or voting rights in the stock of or partnership interests in the franchisee or of any parent company or corporation of the franchisee; and

5. Any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership.

Assignment does not include the transfer among lineal descendents.

"Bins" means a container, roll-off box, dumpster or other commercial waste receptacle that is acceptable to the city.

"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as set forth in 42 U.S.C. Section 9601 et seq.

"CERCLA liability" means the environmental liability imposed by CERCLA.

"City" means the city of Montebello.

"City manager" means the city manager of the city of Montebello.

"Commercial premises" means all retail, professional, wholesale and industrial facilities, and other commercial enterprises offering goods or services to the public.

"Construction and demolition debris" or "C&D debris" means waste products and recyclables resulting from the construction, remodeling or demolition of building and other structure including, but not limited to, wood, metals, concrete, brick, clay, glass, plastics, dirt, asphalt, cement, lumber, wallboard, roofing material, ceramic tile, plastic pipe, and excluding putrescibles, garbage, and liquid wastes.

"Director of public works" is the staff member in charge of the city's department of public works.

"Disposal" means the ultimate disposal of any solid waste collected by a solid waste hauler whether occurring at a transfer facility, permitted landfill or transformation facility, or after subsequent delivery to a different facility.

"Garbage" means any solid waste which is not a recyclable material or is contaminated and not recyclable.

"Green waste" means any vegetative matter resulting from normal yard and landscaping maintenance free from contamination. Green waste includes plant debris, such as grass clippings, leaves, pruning, weeds, branches, brush, organic food waste, Christmas trees, and other forms of organic waste and must be generated by and at the service unit wherein the green waste is collected from multi-family residents free of green waste contamination.

"Franchise" means a non-exclusive franchise issued by the city to a solid waste hauler for the purpose of collecting solid waste generated upon multiple-family residential, industrial or commercial premises, or C&D debris generated upon any premises within the city.

"Franchisee" means any person who has complied with this chapter by obtaining an non-exclusive franchise from the city and is duly licensed in the city to collect, remove, convey, transport, store, process or dispose of solid waste or C&D debris within the city. For purposes of this chapter, the term "franchisee" shall mean the same as "solid waste hauler."

"Industrial premises" means any premises used for industrial purposes.

"Liquid waste" means waste other than solid waste or semi-solid waste.

"Multiple-family residential premises" means any premises used and zoned for multiple-family residential purposes having four or more units.

"Person" means an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

"Public works manager" means the staff member appointed to this position by the director of public works.

"Putrescibles" means waste which is perishable such as food waste and green waste.

"Recyclables" means those materials which are capable of being recycled and which would otherwise be processed or disposed of as commercial or multi-family waste. These materials include: newspaper; mixed paper, corrugated cardboard, industrial C&D debris, high grade paper, Kraft brown bags and other brown paper bags, paper, paperboard, paper egg cartons, office ledger paper, and telephone books; glass; aluminum; scrap and cast aluminum; scrap metals, tin, steel, bimetal containers; plastic, inerts, wood, green waste, and organics.

"Recycle," "recycling," and "recycled" means 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 material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Recycling" does not include transformation.

"Recycler" means a person, duly licensed and adhering to the requirements of this chapter, who collects, removes, conveys, transports, stores, or processes only recyclables generated within the city, does not charge a fee for the recycling service, and does not transport, store, or process any solid waste.

"Service unit" means a multi-family, commercial or industrial building within the city that subscribes to commercial (non-residential curbside) Solid waste collection services.

"Single-family residential premises" means any single family residential unit or multiple-family residential premises having less than four units (i.e., duplex or tri-plex).

"Shall" means that which is mandatory.

"Solid waste" means all putrescible and non-putrescible solid and semi-solid wastes, including garbage, trash, paper, rubbish, ashes, industrial wastes, abandoned vehicles and any parts thereof, discarded home and industrial appliances, furniture, tires, carpets, mattresses and similar large items, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. "Solid waste" includes recyclables which have not been separated from other refuse. "Solid waste" does not include any of the following wastes:

1. Source-separated recyclable materials and green waste;

2. Construction and demolition debris;

3. Special wastes that cannot be disposed of in Class III landfills; or

4. Hazardous, infectious, radioactive and medical wastes.

"Solid waste hauler" means any person, duly licensed and in receipt of a non-exclusive franchise pursuant to the requirements of this chapter, who collects, removes, conveys, transports, stores, processes or disposes of solid waste or C&D debris within the city. For purposes of this chapter, the term "solid waste hauler" means the same as "franchisee."

"Source reduction" means 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 disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing rate structures with incentives to reduce the amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard, glass, 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.

"Special waste" means waste that poses a chronic toxicity hazard to human health or the environment, requiring special collection, treatment, handling, storage or transfer techniques. Special waste includes but are not limited to flammable waste; waste transported in a bulk tanker; liquid waste; sewage sludge; pollution control process waste; residue and debris from the cleanup of a spill or release of chemical substances, commercial products or any other special wastes; contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of any other special wastes; ash, industrial sludge, asbestos, auto shredder waste, auto bodies, dead animals; manure; waste water, explosive substances; and radioactive substances.

"Third party diversion" means recycling or reuse programs being conducted in businesses in Montebello by parties other than the solid waste hauler. This may include recyclables collected by a recycler, recyclables delivered to a recycling center by employees or other persons not associated with a solid waste hauler. A solid waste hauler may obtain credit for this diversion if, and only if, proper third party documentation is provided to the city. The proper documentation for third party diversion is Part IV 3rd party diversion documentation included with the quarterly report form. The signature of the 3rd party representative is to be a "wet" signature in blue ink only. No other form of documentation is acceptable.

"Uncontrollable circumstances" mean any acts of God, such as landslides, lightning, fires, storms, floods, pestilence, freezing, and earthquakes; explosions, sabotage, civil disturbances, acts of a public enemy, wars, civil insurrection, blockades, riots, eminent domain, condemnation or other taking, or other events of a similar nature, not caused or maintained by the city or franchisee, which event is not reasonably within the control of the party claiming the excuse from its obligations due to such event, to the extent such event has a material adverse effect on the ability of a party to perform its obligations pursuant to this chapter. Events which could have been prevented by reasonable precautions, including compliance with applicable laws, shall not be considered an uncontrollable circumstance. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick out, picketing, or other concerted job action conducted by the franchisee's employees or directed at the franchisee, or a subcontractor, are not considered uncontrollable circumstances.

(Ord. 2267 § 1 (part), 2003)

Any of the following methods, or any of them in combination, may be used to meet the needs of the citizens of the city for the collection and disposition of solid waste, recyclables and C&D debris:

A. The city may use its own forces to collect, carry, convey or transport solid waste, C&D debris, and recyclables from all single-family residential, multiple-family residential, commercial, and industrial premises within the city.

B. The city will enter into a non-exclusive franchise ("franchise") with one or more solid waste haulers, which have met the city's solid waste hauler licensing requirements and are duly licensed and permitted to engage in solid waste hauling as of March 31, 2004, to furnish commercial collection services in the city. The initial term of the franchise shall begin on the effective date of the franchise and end in seven years on March 31, 2011. Annually, commencing on April 1, 2005, and on each April 1st thereafter, the franchise term shall be automatically extended for one year, provided the following: (1) that the franchisee has met and complies with all of the provisions of this chapter and the terms and conditions of the franchise; (2) and the city does not issue a notice of intent to terminate or revoke the franchise; (3) the annual extension is approved by majority vote by the Montebello city council at a regularly scheduled city council meeting; and (4) the city does not receive a written notice from the franchisee declining the extension within twenty works days of said April 1st. If any of the above circumstances exist, the franchise shall be subject to immediate termination by the city.

If either the city or franchisee notifies the other in writing prior to April 1st of any year during the initial or extended term of the franchise that it objects to such an extension, the franchise shall terminate on the last day of the then existing term, or on an earlier date mutually agreed upon by the city and franchisee.

C. The city may issue regulatory, non-exclusive franchises to one or more solid waste hauler, for a fixed period, to collect, take, remove and dispose of solid waste and C&D debris in the city, and may limit eligibility to those persons who had current city business licenses and were permitted by the city to collect solid waste as of March 31, 2004. Any person with whom the city has issued such a license is permitted to convey or transport solid waste or C&D debris upon or through any street, alley or public place in the city, provided it obtains a franchise with the city and operates in accord with the terms of this chapter.

D. The city may issue business licenses to recyclers. Any person with whom the city has issued such a license is permitted to collect and remove recyclables from all multiple-family residential, commercial, and industrial premises within the city, and to carry, convey or transport such recyclables upon or through any street, alley or public place in the city which shall contain no more than ten percent residual waste, in accord with the terms of the franchise and this chapter.

(Ord. 2267 § 1 (part), 2003)

A. No person shall permit the contents of any cesspool, septic tank, water closet, sewer or sewage effluent, excrement, urine, slop water, butcher shop offal, garbage, rubbish, refuse, litter, cans or any dead animal, dead fowl, any greases or oils, or any putrid or offensive animal or vegetable matter or other type of solid waste, to remain or be deposited, or discharged upon the surface of the ground or upon any premises, lot or in any building, basement or in any public street, or into any standing water, stream or excavating or public place. Nothing herein contained shall be deemed to prohibit the depositing of solid waste in any lawfully permitted solid waste disposal facility.

B. No person in possession, charge, or control of any residential, commercial or industrial property within the city, in or from which solid waste, C&D debris, and/or recyclables accumulate or are produced, shall fail to prevent the accumulation of solid waste, C&D debris, and/or recyclables in quantities that are unreasonable or detrimental to the public health or safety.

C. No person shall collect, carry, conveyor transport solid waste, C&D debris, or recyclables, upon or through any street, alley or public place in the city, unless such person is franchised under the terms of this chapter to do so. The following persons shall be exempt from this prohibition:

1. Landscaping and yard maintenance persons who, as a consequence of their business activity, may generate, transport, and dispose of green waste material that they generate.

2. Non-profit organizations collecting recyclable materials for the purposes of fund raising.

3. Building contractors may transport and dispose of C&D debris generated in the course of their business activity using roll-off boxes or bins owned or rented by the contractors.

4. The generator of the solid waste, C&D debris, or recyclables for the purposes of self-hauling the material to a disposal or recycling facility.

D. No person or representative of a business or government office located within the city limits shall contract or arrange for the collection or disposal of solid waste, C&D debris, or recyclables, with any business, firm or person, unless business, firm or such person is franchised under the terms of this chapter to do so, excepting those persons specified in Section 8.12.030(C), herein.

E. No person other than the owner of the premises or a person contracted or otherwise authorized by the owner and duly franchised to do so shall interfere in any manner with any solid waste, C&D debris, and recycling receptacle or remove the contents thereof, or remove any such receptacle from the location where the same was placed or by the owner thereof, or remove the contents from any such receptacle.

F. No person shall haul, carry or transport any solid waste through the city or along or over any public street or public place in the city, except in industry-standard solid waste collection motor vehicles with watertight compartments constructed and maintained so that the contents thereof shall not leak, be odorous or otherwise offensive. No person shall haul, carry or transport any recyclables, or C&D debris through the city or along or over any public street or public place in the city, except in motor vehicles constructed and maintained so that the contents thereof shall not leak, be odorous or otherwise offensive. All motor vehicles shall be so loaded and operated that none of their contents shall fail or spill therefrom, and every vehicle used for such purposes shall be kept in a clean and sanitary condition.

G. Any violation of the provisions of this section is a misdemeanor. Each violation hereof shall constitute a separate and distinct offense. This section shall not apply to employees of the city of Montebello.

(Ord. 2267 § 1 (part), 2003)

Any person collecting or transporting solid waste, recyclables, or C&D debris within the city shall be responsible for arranging for the disposition of any materials collected or transported, and shall arrange for such disposition in accordance with all applicable federal, state and local regulations and laws. The city shall assume no liability that may arise due to the arrangements of persons collecting or transporting solid waste, recyclables, or C&D debris.

(Ord. 2267 § 1 (part), 2003)

A. A person who, as of March 31, 2004, has held a valid city business license and solid waste hauler license for the purpose of collecting solid waste within the city, shall apply to enter into a non-exclusive franchise with the city, and upon the issuance of such franchise in accordance with the provisions of this chapter, shall be authorized to collect, take, remove and dispose of solid waste from all multiple-family residential, commercial, and industrial premises within the city, except as otherwise provided herein.

B. Franchises shall be valid when issued and shall have an initial term of seven years, expiring on March 31, 2011.

C. Those holding franchises shall pay annually the standard city business license fee, and all other applicable fees, in accordance with the city code.

D. Solid waste haulers with valid franchises shall pay a quarterly solid waste program fee pursuant to this chapter in the amount of ten percent of the gross revenues generated by its solid waste and C&D debris collection services provided within the city. Fees for the collection of recyclables should not be included in the gross receipts for purposes of calculation of the solid waste program fee. The calculation of the solid waste program fee shall include all gross receipts for the collection of solid waste and C&D debris and shall exclude fees for the collection of source separated recyclables. Any additional fees which are levied by the solid waste hauler over and above the basic collection fee (i.e. AB 939 fee, city solid waste fee) shall be included in gross receipts for purposes of this calculation.

(Ord. 2267 § 1 (part), 2003)

A. Except as otherwise provided herein, any person may provide recycling services to commercial, industrial and multi-family premises within the city without obtaining a franchise, provided that the person has a valid and current business license issued by the city to do so and complies with the provisions of this chapter.

B. At the sole discretion of the director of public works or his or her designee and upon petition by a recycler, a recycler may be permitted to charge a fee for commercial, industrial or multi-family unit recycling service without obtaining a franchise from the city where it is found that the recycling service is of a unique and desirable nature, that a comparable level of recycling service is not otherwise offered by a solid waste hauler operating in the city, and the economic viability of the unique recycling service is predicated upon charging a fee for such service.

(Ord. 2267 § 1 (part), 2003)

Except as otherwise provided herein, only those persons duly licensed and franchised pursuant to the requirements of this chapter may furnish collection services for C&D debris to any location in the city.

(Ord. 2267 § 1 (part), 2003)

To obtain an non-exclusive franchise ("franchise"), an eligible person must currently hold a solid waste hauler license and must submit, in accordance with Section 8.12.330 of this chapter, an application in accord with the following provisions ("application") by no later than February 15, 2004, at five o'clock Pacific Standard time. Applications submitted after this time and/or grossly incomplete applications will not be accepted or processed.

A. The initial application for a franchise shall be made on forms provided by the city, and accompanied by the standard business franchise fee.

B. Such forms shall require information concerning, but not limited to, the type, capacity, size and range of collection vehicles used in the city; vehicle franchise plates and identification numbers; and the average payload of each type of vehicle accompanied by a certification by the applicant that all information provided is true and accurate, and a description and status of any pending or current civil or criminal litigation against the applicant.

C. The application shall be accompanied by a source reduction and recycling plan (SRRP) which shall include, but not be limited to, the following information by account type as defined by the city manager:

1. Existing conditions;

2. A description of existing source reduction and recycling activities;

3. Planned source reduction and recycling programs;

4. Implementation plans;

5. Materials marketing plan;

6. Support and outreach programs; and

7. Economic incentives.

The SRRP shall be provided in a format to be provided by the city. The SRRP shall be submitted and approved prior to issuance of a franchise. The applicant is eligible to request and receive technical assistance from the city in completing the SRRP, if it has made a good faith effort to develop the documentation first and subject to city staff availability. The "good faith effort" is attained when all of the application requirements have been at least addressed.

D. An application to renew a franchise shall be submitted no less than forty-five days prior to April 1st of each year and consist of the renewal application form, signed franchise, copies of valid insurance certificates, a copy of a valid performance bond or letter of credit in the amount requested by the city, together with documentation setting forth any proposed changes in the city-approved SRRP, changes in collection equipment types and quantities used in the city, status of any pending or current civil or criminal litigation against the applicant, and any other information previously submitted as part of the initial franchise application, accompanied by the standard business franchise fee. Late submittals will not be accepted or processed.

(Ord. 2267 § 1 (part), 2003)

A. Applications for a non exclusive franchise ("franchise") shall be evaluated by the director of public works or his or her designee, for conformity with the requirements of this chapter. The director of public works shall have the authority to grant, grant with conditions, or deny the application. In granting, granting with conditions, or denying an application, the director of public works may take into consideration factors including, but not limited, to the following:

1. The ability of the applicant to comply with the solid waste hauling service requirements of this chapter;

2. The ability of the applicant to comply with the equipment standards enumerated in this chapter;

3. The ability of the applicant to comply with all other applicable city, county, state, and federal laws governing solid waste collection;

4. Accuracy of information submitted;

5. Current or pending litigation against the applicant;

6. Correctness of fees paid, or payment of fees;

7. The adequacy of, and the ability of the applicant to implement the SRRP proposed by the applicant pursuant to this chapter;

8. Completeness of the application;

9. Validity of insurance and performance bonds/ letter of credit.

B. Granting of franchise shall be based on a demonstration that the solid waste hauler currently maintains all required licenses with the city and has paid all fees pursuant to this code, is complying with applicable city requirements of this chapter as well as city, county, state, and federal laws governing solid waste collection, transport and disposal, is meeting all other applicable requirements of this chapter, that any proposed changes to the SRRP have been approved by the city, that the SRRP is being implemented in a good faith manner, and that all submitted information is accurate.

C. The decision of the director of public works to grant, grant with conditions or deny an application shall be subject to an appeal as provided in Section 8.12.230 of this chapter.

D. Before any such franchise is issued or renewed, the solid waste hauler shall execute a non-exclusive franchise agreement as set forth in Section 8.12.080 with the city, agreeing to abide by the terms of this chapter, in a form to be approved by the city attorney. The director of public works is authorized to execute such franchise on behalf of the city.

E. Before any such franchise is issued or renewed, the solid waste hauler shall furnish to city and shall file with the city clerk a performance bond, payable to the city, executed by the franchisee as principal and by a corporate surety authorized to issue surety bonds in the state of California satisfactory to the city as surety, in a form acceptable to the city manager. The principal sum of the bond shall be equal to the gross revenues of the solid waste hauler for the two most recent quarters for which such data are available. Alternatively, the solid waste hauler may deposit a letter of credit or open a certificate of deposit in the name of the city. The performance bond shall remain in force for the duration of time the franchise remains in effect. The premium for the bond shall be paid by the solid waste hauler/franchisee.

F. If a franchise is not renewed by the city, or an application of renewal is denied by the director of public works, it may not be reinstated and shall be terminated immediately, subject to the appeal process set forth in this chapter.

(Ord. 2267 § 1 (part), 2003)

A. All solid waste haulers holding franchises shall:

1. Operate within the guidelines established by the city ("guidelines"). Such guidelines shall include, but will not be limited to, standards for equipment and vehicle maintenance including removal of graffiti, maintaining proper company identification with phone number, maintaining a current valid DMV registration and passing city inspection, use of alternative fuel vehicles, standards for complying with All 939, CERCLA, and any other relevant city, county, state and federal laws, and other guidelines that the city council may deem necessary to impose by city council resolution from time to time.

2. Ensure that all solid waste vehicle drivers have a valid California driver's license appropriate for the vehicle driven; maintain minimum collection frequency for all solid waste accounts in accordance with local and state requirements; ensure noise is kept to the minimum necessary to provide collection services to accounts; and ensure vehicles are appropriately registered by the Department of Motor Vehicles.

3. All vehicles and equipment used in the city by a solid waste hauler, including but not limited to, trucks, trailers, waste containers and service/cleaning vehicles must be maintained in good working order, uniformly painted and cleaned, emit no residual odors, be covered where necessary for odor, pest control and to prevent spillage and each shall include the hauler's name and phone number painted in lettering a minimum of two-inches in height. All collection vehicles registered for use in the city must pass a yearly truck inspection conducted by the city.

4. Work with customer accounts to recycle using pre-collection and post-collection technologies, and to educate customer accounts about recycling and source reduction opportunities.

5. Every solid waste hauler may be required, on a quarterly basis, at the request of the city, to perform one community service project. These can include, but not be limited to: alley clean-ups, bulky-item collections, provide roll-offs (if available) for clean-up projects as requested by the city, or provide assistance with city sponsored special events.

6. At the request of the city, but no more than once quarterly, include in customer account billings, or otherwise ensure timely distribution of, educational/outreach materials as they may be developed by the city. The city shall provide appropriate quantities of materials for distribution by each solid waste hauler/franchisee.

7. Solid waste franchisees may identity for city code enforcement and staff, any alleged unfranchised company or equipment engaged in solid waste hauling operations in the city. The city retains the right to confiscate, or have confiscated, any equipment of any unfranchised company doing business illegally in the city.

8. Achieve a total diversion rate from all multiple-family residential, commercial and industrial premises waste generated by accounts serviced by the franchisee, including but not limited to varieties of paper, plastics, glass, as well as wood, food waste and other green waste, manure, and construction and demolition debris, removed from within city limits, as follows:

a. No less than fifty percent by weight for the aggregate of the four quarters of 2000 and each year thereafter, and no less than forty percent in any calendar quarter.

b. The diversion rate shall be calculated as provided in the revised technical manual prepared by the city manager.

9. Comply with the reporting requirements as set forth in Section 8.12.140, indemnification requirements as set forth in Section 8.12.180, and insurance requirements as set forth in Section 8.12.190, herein.

10. Comply with all other applicable requirements of this chapter.

B. In the event that the California Integrated Waste Management Board issues to the city a temporary extension in the date for compliance with, and/or a temporary reduction in the diversion mandates of Public Resources Code Section 41780 and as amended, the city shall extend similar temporary extension and/or reduction to the solid waste hauler diversion requirements of Section 8.12.100(A)(5) of this chapter.

(Ord. 2267 § 1 (part), 2003)

Every recycler shall:

A. Before any business license is issued or renewed for a recycler, execute an "recycling services agreement" with the city, agreeing to abide by the terms of this chapter, in a form to be approved by the city attorney. The city manager is authorized to execute such agreement on behalf of the city.

B. Supply recycling containers of appropriate type, number and capacity to customer accounts served.

C. Ensure that all vehicle drivers have a valid California driver's license appropriate for the vehicle driven; ensure noise is kept to the minimum necessary to provide collection services to accounts; and ensure vehicles are appropriately registered by the Department of Motor Vehicles, are in good repair and uniformly painted.

D. Cooperate in a timely and good faith manner with solid waste hauling franchisees for the preparation of reports pursuant to Section 8.12.140 hereof.

E. Comply with the reporting requirements of Section 8.12.150, applicable indemnification requirements of Section 8.12.180, and insurance requirements of Section 8.12.190 hereof.

F. Comply with all other relevant requirements of this chapter.

(Ord. 2267 § 1 (part), 2003)

All solid waste haulers providing construction and demolition debris collection services shall to the extent economically feasible, provide construction and demolition waste recycling services to accounts served. All materials, disposed, scavenged or salvaged or in other ways diverted from landfills or solid waste facilities are included in this section.

(Ord. 2267 § 1 (part), 2003)

A. Assignment of franchises issued under the provisions of Section 8.12.090 is prohibited, except as follows:

1. In the case of a company holding a franchise is sold in total, liquidated, to another hauling company who does not have a franchise in the city, and who, in order to operate in the city by transfer of the franchise, must demonstrate to the city that they meet all conditions as outlined in the franchise. In such case, an application must be submitted, all fees paid and the company must obtain a city business license. A new franchise would then be issued to that company and the previous franchise in the name of the sold company would be rescinded or terminated. All requirements of performance must be met by the new company.

B. Any prohibited assignment of any franchise shall immediately be subject to termination.

(Ord. 2267 § 1 (part), 2003)

A. Within forty-five days after the end of each calendar quarter, and commencing as of the second calendar quarter of 2004, each franchisee shall submit, in accordance with Section 8.12.330 of this chapter, a quarterly report, certified by the owner, including all of the following:

1. A statement showing waste collected for disposal and the total revenue received for solid waste and C&D debris collection services from customers located within the city in a format provided by the city. Such statement shall be accompanied by full payment of the required solid waste program fee in the amount of ten percent of the gross revenues generated by its solid waste and C&D debris collection services provided within the city for the reporting quarter.

2. A summary of diversion and disposal activity including tons collected for disposal by account type and total tons recycled for the quarter by account type in a format provided by the city; and calculation of diversion rate achieved using calculation methods provided in a technical manual prepared by the director of public works or his or her designee. Depending on the form provided by the city, information may include a description of the number of accounts serviced by the collector in the city, and for each account type in the city, the number of bins by size and frequency served and total cubic yards. The standard conversion factor to be used for assignment of Montebello waste to multi-jurisdictional loads is .0625 tons per cubic yard for commercial waste and .2 tons per cubic yard for C&D debris.

a. If a franchisee has cause to believe that there is significant third party recycling or source reduction activity occurring at a specific customer account that is not being reflected in the diversion rate calculation, the franchisee may petition, on a case-by-case basis, the consideration, by the director of public works or his or her designee, of this additional third party recycling or source reduction activity in the diversion calculation. Such petition shall be included in the quarterly report, and consist of documentation clearly substantiating the claim for the quarter in which it is being reported. The documentation must be provided in the format approved by the city with an original signature of an account representative. The director of public works or his or her designee shall, at its sole discretion, accept, conditionally accept, or deny the documentation if it is not complete and submitted as instructed. The city may choose to conduct a site visit or phone verification of the third party diversion. Following the results of such action, the director of public works or his or her designee may choose to deny or reverse credit for the third party recycling or reuse as a result of a subsequent audit or verification by the city.

3. Any changes in collection vehicle information as reported in the solid waste hauling franchise application including the type, capacity, size and range of vehicles, vehicle license plate and identification numbers, in a format provided by the city. The party completing the form must sign the form.

4. Any related documents requested by the city. These include but are not limited to reports required in response to state integrated waste management policies, mandates or law.

B. The last quarterly report for a calendar year shall include a calculation of the annual diversion rate achieved for the calendar year and a status report on the implementation of the solid waste hauling franchisee's SRRP developed pursuant to Section 8.12.080 including, but not limited to, any significant changes to existing or planned services, education and outreach programs, materials marketing or economic incentives, and any barriers encountered in providing source reduction and recycling services.

C. Such information shall be provided on quarterly reporting forms provided by the director of public works or his or her designee. Such forms will be transmitted to each franchised solid waste hauler via mail by the end of the calendar quarter for which the report is to be prepared. Each person required reporting pursuant to this section shall bear the cost of preparing and submitting the required reports.

D. If a report for the previous quarter has not been received within forty-five days after the end of each quarter, a report will be considered delinquent. The city will make reasonable effort to notify the franchisee of pending delinquency no later than five business days before the delinquency date. Once determined to be delinquent, the city will send the person required reporting written notice of delinquency. In that event, the person required to report shall pay a non-refundable five hundred-dollar processing fee for each overdue report pursuant to Section 8.12.110.

E. If a report for the previous quarter has not been received within ninety days after the end of each quarter, the report will be considered negligently late. The city will send the person required to report written notice of negligently late status. A negligently late report shall be grounds for franchise revocation.

F. If any report is determined to be negligently late by the director of public works or his or her designee, the solid waste hauling franchise shall be revoked without further action by the city. In such cases, the franchisee shall immediately notify all its accounts within the city and cease all collections activity in the city within ten days of the mailing date of the notice of revocation pursuant to Section 8.12.210 of this chapter. The franchisee may continue to sell their accounts beyond the ten day period until all accounts have been reassigned.

(Ord. 2267 § 1 (part), 2003)

A. Within forty-five days after the end of each calendar quarter, and commencing as of the second calendar quarter of 2004, each recycler licensed pursuant to Section 8.12.060 shall submit to the city a quarterly report, certified by the owner and in a form provided by the city, the following information:

1. The total number of accounts served in the city by account type, and the material types and the quantity, by weight, recycled by account type;

2. A statement of the recycling facilities used by the recycler, including the address, contacts name and phone number;

3. Any related documents requested by the city. These include but are not limited to reports required in response to state integrated waste management policies, mandates or law.

B. Such information shall be provided on quarterly reporting forms provided by the director of public works or his or her designee. Such forms will be transmitted to each licensed recycler via mail by the end of the calendar quarter for which the report is to be prepared. Each person required reporting pursuant to this section shall bear the cost of preparing and submitting the required reports.

C. If a report for the previous quarter has not been received within forty-five days after the end of each quarter, a report will be considered delinquent. The city will make reasonable effort to notify the franchisee of pending delinquency no later than five business days before the delinquency date. Once determined to be delinquent, the city will send the person required to report written notice of delinquency. In that event, the person required to report shall pay a non-refundable five hundred dollars processing fee for each overdue report.

D. If a report for the previous quarter has not been received within ninety days after the end of each quarter, the report will be considered negligently late. The city will send the person required to report written notice of negligently late status.

E. If any report is determined to be negligently late by the city manager, the city shall revoke the business franchise without further action. In such cases, the franchisee shall immediately notify all its accounts within the city and cease all collection activity in the city within ten days of the mailing date of the notice of revocation pursuant to Section 8.12.210.

(Ord. 2267 § 1 (part), 2003)

A. All franchisees governed by this chapter shall screen, at the point of collection, all loads of solid waste, recyclables, and C&D debris, using appropriate means of inspection, to eliminate, where practicable, the transportation of known or suspected hazardous wastes. Hazardous waste found at the point of collection shall not be collected and the collector shall immediately notify the generator and the city fire prevention bureau.

B. In the event that any hazardous waste or suspected hazardous waste is commingled with the collection material, the franchisee shall take immediate and appropriate action to contain and isolate the load and the collector shall immediately notify the generator and the city fire prevention bureau.

C. If, in the judgment of the collector, the material presents an imminent threat to public health or safety, the collector shall also immediately call 911 for emergency response.

(Ord. 2267 § 1 (part), 2003)

A. The city has the right at all reasonable times to inspect the financial, customer, collection, disposal, and recycling records pertaining to the city of any person franchised under the terms of this chapter. Each such person shall make available to the city upon request and in a timely manner general ledgers, route invoices, route sheets and other records related to, customers, service levels, routes, and fees maintained by the franchisee. All information obtained and documents reviewed shall be kept confidential and will not be provided to any party other than the city employees and the city consultant. City auditors shall sign a confidentiality agreement.

B. Upon receipt of the quarterly reports required by Sections 8.12.140 and 8.12.150 of this chapter, the director of public works or his or her designee shall conduct a preliminary review of the report. Based on the results of the review, the director of public works may conduct a more detailed audit of the report and of the person required to report. Such an audit may include a field investigation which may include personnel interviews, field inspections of facilities, equipment and vehicles, records, and waste surveys of selected accounts. The person required to report shall cooperate by making personnel available for interviews, and by making facilities, equipment and vehicles available for inspection.

C. The director of public works or his or her designee may retain the services of an outside consultant to conduct an audit. Each person required to report shall make available to the city's consultant upon request and in a timely manner documentation for all reported information including weight tickets and receipts, recycling receipts, general ledgers, route slips and all financial and other records related to waste tonnage's, recyclables, and fees maintained by the franchisee as requested. Failure to provide the documentation requested by the auditor shall constitute a failure to pass the audit.

D. If the results of the audit disclose that the person required to report knowingly submitted false information or materially failed to implement the SRRP, or the supporting documentation thus to substantively confirm what was reported by the person required to report or willful (without a reasonable explanation) underpayment by such person of two percent or more of any amount due the city, the person required to report will be responsible for the full cost of the audit, and the franchise may also be subject to revocation.

E. The city has the right to recompute in accordance with this chapter, any and all amounts paid under this chapter or pursuant to any franchise granted hereunder. No acceptance of any payment is to be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable under this chapter or for the performance of any obligation relating hereto. The person required to report shall pay interest to the city at the rate of ten percent per annum for all under payments of any amount. The city reserves the right to apply this section retroactively for two past consecutive quarters after performing an audit of those quarters.

(Ord. 2267 § 1 (part), 2003)

A. All franchisees governed by this chapter shall indemnify, defend, and hold harmless city, its officers, officials, employees, volunteers, agents and assigns (indemnities) from and against any and all damages (whether special, general or punitive), loss, liability, fines, penalties, forfeitures, claims, demands, actions, proceedings or suits (whether administrative or judicial), in law or in equity, of every kind and description, (including, but not limited to, injury to and death of any person and damage to property, strict liability, product liability, or for contribution or indemnity claimed by third parties) arising or resulting from or in any way connected with: (i) the operation of the franchisee, its agents, employees, contractors, and/or subcontractors, in performing or failing to perform services pursuant to this chapter; (ii) the failure of the franchisee, its agents, employees, contractors and/or subcontractors to comply in all respects with applicable laws, ordinances and regulations, and/or applicable permits and franchises; (iii) the acts of franchisee, its officers, employees, agents, contractors and/or subcontractors in performing services pursuant to this chapter for which strict liability is imposed by law; and (iv) the processing, marketing, and end use of recyclable materials, green waste, or C&D debris. The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities' negligence.

B. All solid waste hauling franchisees governed by this chapter shall indemnify, defend with counsel acceptable to the city, protect and hold harmless the city, its officers, officials, employees, agents, assigns and any successor or successors to the city's interest from and against all claims, damages (including but not limited to special, consequential, natural resources and punitive damages) injuries, response mediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties attorney's fees for the adverse party and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the forgoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the city or its officers, officials, employees, agents, assigns, or contractors arising from or attributable to franchisees acts or omissions including but not limited to any repair, cleanup, disposal 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 the franchisee transports, stores or disposes of solid waste. The foregoing indemnity is also intended to operate as a franchise pursuant to Section 107(e) of CERCLA, 42 V.S.C. Section 9607(c) and California Health and Safety Code Section 25364, to defend, insure, protect, hold harmless and indemnify the city from liability.

In the event the city is penalized under any such statute, each solid waste hauler shall indemnify the city in proportion to the amount of waste collected and deposited at the subject landfill(s) and specific to the multiple-family residential, commercial and industrial sectors.

C. Each solid waste franchisee shall indemnify, defend, with counsel acceptable to the city, and hold harmless city, its officers, officials, employees, volunteers, agents and assigns (indemnities) from and against any and all damage (whether special, general or punitive), loss, liability, fines, penalties, forfeitures, claims, demands, actions, proceedings or suits (whether administrative or judicial), in law or in equity, of every kind and description, (including, but not limited to, injury to and death of any person and damage to property, strict liability, or for contribution or indemnity claimed by third parties) arising or resulting from the failure of city to comply with the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time (AB 939). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities' negligence. The forgoing indemnity will be provided in proportion to the amount of commercial, industrial and multiple-family residential solid waste collected by each solid waste hauler not meeting the diversion requirements of this chapter and the extent of the solid waste haulers failure to meet the diversion requirements of this chapter during the time period for which the loss; liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage occurred.

(Ord. 2267 § 1 (part), 2003)

Each franchisee governed under this chapter shall, at its sole expense, obtain and maintain insurance policies for comprehensive general liability, commercial automobile liability, and workers' compensation, in form, content and limit of coverage as set forth below. Except for workers' compensation, the city and its elected and appointed officials, employees, and agents shall be named as additional insured. All such policies of insurance shall be issued by an insurer admitted in the state of California and having a minimum rating of B+ or higher in the most recent edition of Best's Key Rating Guide. Prior to issuance of any franchise under this chapter, and at all times a franchise is held by the franchisee, the franchisee shall maintain on file with the city evidence in writing that all of the policies required by this section are in effect and in the required amounts. All certificates of insurance shall be accompanied by the applicable endorsements of the specific insurance policy. All policies of insurance, and if applicable, all certificates to self-insurance, shall be subject to the approval of the city's risk manager and city attorney. The city manager shall be notified in writing thirty days in advance of policy cancellation. If any policy of insurance or certificate to self-insure specified in this section is not maintained in full force and effect by the franchisee, the city in its sole discretion may either suspend or revoke the solid waste franchise.

A. All franchisees shall obtain and maintain a policy or policies of comprehensive general liability insurance providing coverage for any personal injury, death, loss or damage resulting from the wrongful or negligent act of the franchisee including, but not limited to, products and completed operations, with minimum limits of one million dollars per occurrence, combined single limit. If the comprehensive general liability insurance policy includes a general aggregate limit, that limit shall be at least two million dollars.

B. All franchisees shall obtain and maintain a policy or policies of commercial automobile liability insurance providing comprehensive vehicle liability coverage including, but not limited to, bodily injury, personal injury, uninsured motorist, medical payments, collision and property damage with a combined single limit of one million dollars per occurrence. In lieu of the above-stated requirements, franchisees may submit the city a certificate to self-insure for comprehensive vehicle liability issued by the appropriate state regulatory agency. Any such certificate shall be subject to the approval of the city's risk manager and the city attorney.

C. All franchisees shall obtain and maintain a policy of workers' compensation insurance in accordance with the state workers' compensation laws, and an employer's liability insurance policy with minimum limits of one million dollars per accident. In lieu of the above-stated requirements, contractor may submit to the city a certificate to self-insure issued by the California Director of Industrial Relations.

(Ord. 2267 § 1 (part), 2003)

A. It shall be the duty of the franchisee to meet the requirements under this chapter. In the event that a franchisee fails to perform, the city may assess an administrative fine against franchisee. The schedule of administrative fines is attached in Exhibit A herein and incorporated by this reference.

B. Procedure for Review of Administrative Fines. The director of public works or his or her designee may assess administrative fines pursuant to this chapter on a quarterly basis. At the end of each quarter, the director of public works or his or her designee shall issue a written notice to the franchisee ("notice of assessment") of the administrative fines assessed and the basis for each assessment.

C. The assessment shall become final unless, within ten calendar days of the date of the notice of assessment, franchisee provides a written request for a meeting with the director of public works or his or her designee to present evidence that the assessment should not be made.

D. The director of public works or his or her designee shall schedule a meeting with the franchisee as soon as reasonably possible after timely receipt of franchisee's request. The director of public works or his or her designee shall review franchisee's evidence and render a decision sustaining or reversing the administrative charges as soon as reasonably possible after the meeting.

E. In the event that the director of public works or his or her designee sustains the decision to impose administrative charges, the charges shall be paid within ten days of receipt of the letter which informs the franchisee of the director of public works or designee's decision. Failure to pay the fees within ten days shall constitute grounds for franchise revocation. As stated in Section 8.12.210, the determination of revocation will be made by the director of public works.

(Ord. 2267 § 1 (part), 2003)

The following grounds shall constitute a basis for the revocation of a franchise issued pursuant to this chapter:

A. When the continuance of the operation of any franchisee would be contrary to the Public Health and Safety Code peace, welfare or morals, or would be found to constitute a public nuisance.

B. When the director of public works has reasonable grounds to believe that the solid waste hauling franchisee has failed to achieve the diversion requirements specified in Section 8.12.100(A)(5) of this chapter, or as such requirements may be temporarily reduced pursuant to Section 8.12.100(B) of this chapter, two calendar quarters in any consecutive four-year period.

C. When the director of public works has reasonable grounds to believe that a report pursuant to Sections 8.12.140 and 8.12.150 is negligently late, or that the franchisee has knowingly submitted materially false information, materially failed to implement its SRRP, or failed to pay or willfully underpaid any of the fees or administrative fines required in this chapter.

D. Failure to indemnify the city or failure to comply with the insurance requirements of Sections 8.12.180 and 8.12.190.

E. Failure to maintain a performance bond in the required form and amount pursuant to Section 8.12.080.

F. When the director of public works has reasonable grounds to believe that any franchisee materially breached any provision of this chapter or code.

G. Any other good and sufficient cause as determined by the city manager.

H. Failure to attain a rating of satisfactory outcome in two consecutive quarterly report audits.

I. Failure to implement corrections as directed by the city following an audit.

(Ord. 2267 § 1 (part), 2003)

Any franchise issued under this chapter is subject to revocation in the manner and procedure provided in this section.

A. Revocation proceedings shall be instituted upon a written complaint received by the solid waste hauler from the city of Montebello or the city's representative. Complaints against any franchisee seeking a revocation of the franchise shall set forth one or more of the grounds for revocation, except that a written report of the sheriff or any officer or employee of the city disclosing a breach of law by the franchisee or his agents or employees shall be deemed a complaint within the meaning of this section.

B. The director of public works shall revoke any franchise issued pursuant to this chapter he or she finds that any of the grounds for revocation exist as stated in Section 8.12.210. The revocation shall become effective ten days after the mailing of written notice thereof to the franchisee by the director of public works, together with a copy of the complaint. Such notice shall state the grounds for revocation.

C. Any franchisee whose franchise is revoked will be ineligible for reinstatement unless the matter is appealed timely to the city manager and such appeal has been upheld.

(Ord. 2267 § 1 (part), 2003)

A Franchisee who has been notified that their franchise has been revoked shall have the right to an appeal hearing before the city manager. The franchisee must request such an appeal no later than ten days from receipt of the revocation letter. The decision of the city manager shall be final, and no further action of the city council is required.

(Ord. 2267 § 1 (part), 2003)

If franchisee fails or refuses to perform any of its obligations hereunder; the city notifies the franchisee that a specific failure or refusal has occurred which will, unless corrected, in its opinion, give the city a right to terminate the franchise in accordance with this chapter; and the franchisee does not correct such breach within twenty days of receiving the city's notice thereof; provided that if such breach is not capable of cure within said twenty days, the franchisee shall promptly provide the city written notice explaining why the franchisee believes it needs additional time to effectuate a cure together with a schedule, whereupon the director of public works, in its sole discretion, may accept the franchisees schedule of cure; make a written demand that the franchisee cure the default within an alternative time period set by the city, or terminate the franchise at the end of the twenty day period;

A. Criminal Activity. The occurrence of any criminal activity related to franchisee's ability to perform in accordance with their franchise.

B. Failure to Comply With Franchise Requirements. The franchisee thus to meet the diversion goals and any other requirements as set forth in Section 8.12.100.

C. Failure to Pass a Quarterly Report Audit. The franchisee this to have a "satisfactory outcome" audit rating in two or more audits.

D. Failure to Provide Performance Bond, etc. The franchisee fails to provide insurance, performance bond or letter of credit or other failure as described in Section 8.12.210.

E. Sale, Transfer, Assignment. The franchisee transfers or assigns its stock, assets and/or the franchise without city approval;

F. Seizure, Attachment. Any service asset is seized, attached, or levied upon (other than a pre-judgment attachment) so as to substantially impair the franchisee's ability to timely and fully perform services, and which cannot be released, bonded, or otherwise lifted within forty-eight hours, excepting weekends and holidays;

G. Insolvency, Bankruptcy, Liquidation. The franchisee files a voluntary claim for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or shall consent to the appointment of or taking of possession by a receiver, liquidation, assignee (other than as a part of a transfer of service assets no longer used to provide services or backup services), trustee (other than as security of an obligation under a deed of trust), custodian, sequestrator, or administrator (or similar official) of the franchisee for any part of the franchisee's operating assets or any substantial part of the franchisee's property, or shall make any general assignment for the benefit of the franchisee's creditors, or shall fail generally to pay the franchisee's debts as they become due or shall take any action in furtherance of any of the foregoing;

A court having jurisdiction enters a decree or order for relief in respect of the franchise, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or the franchisee consents to or fails to oppose any such proceeding, or any such court enters a decree or order appointing a receiver, liquidation, assignee, custodian, trustee, sequestrator, or administrator (or similar official) of the franchisee or for any part of the franchisee's operating equipment or assets, or orders the conclusion or liquidation of the affairs of the franchisee.

(Ord. 2267 § 1 (part), 2003)

It is expressly understood that all solid waste, recyclables, and C&D debris collected pursuant to this chapter becomes the property of the person contracted or otherwise designated by the generator of the material to serve such location at the time the material is set out for collection.

Nothing in this chapter shall limit the right of an individual person, organization, or other entity to donate, sell, or otherwise dispose of recyclables which are the property of such individual person, organization, or other entity, provided that any such disposal does not violate any provisions of the chapter, or applicable state or federal law. For such purposes, generators of recyclable materials may carry, convey or transport recyclables upon and through any street, alley or public place in the city.

Nothing in this chapter precludes the city from using regular full-time employees to enforce the section. This authority is in addition to the authority granted to police and code enforcement officers.

Nothing in this chapter shall be deemed to limit the right of the person permitted by this chapter to collect recyclables to bring a civil action against any person who violates the provisions of this section, nor shall a conviction for such violation exempt any person from a civil action brought by such person.

(Ord. 2267 § 1 (part), 2003)

Solid waste receptacles shall be provided to each multiple-family residential, commercial and industrial premises located in the city. Recycling receptacles may be provided to multiple-family residential, commercial and industrial premises located in the city. All receptacles must be in accordance with the provisions hereof.

A. Solid waste and recycling receptacles for multiple-family residential premises which utilize curbside or alley collection services shall be of industry-standard type, of durable material and not weigh more than twenty pounds empty, nor more than seventy-five pounds loaded.

B. Solid waste and recycling receptacles for multiple-family residential premises which do not utilize curbside or alley collection services provided by the city and for commercial and industrial premises shall be industry-standard metal bins clearly marked with name and telephone number of the franchisee providing the service and clearly indicate materials to be stored in the container for collection. All bins must be watertight, have tight fitting lids, prevent the leakage of liquids, and be appropriate for the intended usage.

C. Other types of receptacles for multiple-family residential premises not using curbside or alley collection services may be utilized upon approval by the city if the city finds that the use of bins would constitute a hardship due to topographic features, lack of available space, or other good and sufficient cause, and upon compliance with other applicable provisions of this chapter.

D. All solid waste receptacles shall utilize tight fitting lids in accordance with industry standards.

(Ord. 2267 § 1 (part), 2003)

Solid waste and recycling receptacles shall be kept at all times upon private premises out of sight from the street, except when placed at designated locations for collection.

A. For all multiple-family residential premises which are served by an alley, solid waste and recycling receptacles shall be placed for collection on the premises, not to exceed five feet of the right-of-way line of such alley.

B. For all multiple-family residential premises which are served from the curb, solid waste and recycling receptacles shall be placed within the parkway, or within five feet of the curb or the edge of the pavement.

C. Bin-type solid waste and recycling receptacles shall not be placed, for collection or any other purpose, adjacent to any street or alley right-of-way. Such receptacles shall be located on private property, not in excess of one hundred feet from a street or alley.

(Ord. 2267 § 1 (part), 2003)

The owners or tenants of multiple-family residential premises which utilize curbside or alley collection services, shall comply with the following requirements:

A. Tree, shrub and vine trimmings larger than ten inches in diameter shall be cut into lengths of not more than four feet, and tied securely in bundles not exceeding twelve inches in diameter.

B. Crating shall be broken and bundled into lengths not exceeding four feet, and securely tied in bundles not exceeding twelve inches in diameter.

C. Cardboard containers and papers to be disposed of shall either be placed in a receptacle, or flattened and securely tied in bundles, not exceeding fifty pounds in weight.

(Ord. 2267 § 1 (part), 2003)

A. The charges for multiple-family residential, commercial or industrial services provided pursuant to this chapter shall be established by service agreement between the owner or his agent and a franchisee permitted by this chapter to do so. The charges shall be charged, billed and collected in the manner fixed in the service agreement.

(Ord. 2267 § 1 (part), 2003)

A. In consideration for the grant of the franchise, all franchisees must pay a franchise fee to the city in the amount prescribed by resolution of the city council in addition to other business license or other city fees. Such franchise fee shall not exceed the estimated reasonable costs of processing, evaluating, issuing and administering the franchise agreements, monitoring and auditing the performance of solid waste haulers, and enforcing the provisions of this chapter, including the costs of administering the program. The franchise fee may be a fixed amount for each franchisee, based on tonnage hauled, number of collection vehicles used by each franchisee in the city, or on any other basis the city council determines to be fair and reasonable.

B. The solid waste program tee is hereby fixed in the amount of ten percent of the gross revenues generated by its solid waste and C&D debris collection services provided within the city for the reporting quarter, and may be modified by resolution of the city council. Such fee shall not exceed the estimated reasonable costs of the city's solid waste reduction and recycling program including, but not limited to: developing and supporting the implementation of waste diversion programs, administration providing technical assistance to haulers and waste generators, conducting waste audits, preparing and supporting the implementation of public education and outreach programs, and studying and reporting concerning solid waste reduction and recycling. Any solid waste program fee funds remaining alter payment of current costs shall be a reserve against the city's potential liabilities, including CERCLA liability, arising out of the disposal of solid waste. The solid waste program fee may be a fixed amount for each franchisee, based on tonnage hauled, based upon gross revenues of the franchisee, or on any other basis the city council determines to be fair and reasonable.

(Ord. 2267 § 1 (part), 2003)

The provisions of this chapter shall not be deemed or construed to prevent any person who is the owner of any lot within the city zoned for single-family residential use, which is used for multiple-family, commercial, or industrial uses to arrange for the removal of his own solid waste, recyclables, green waste or C&D debris by agreement with a franchisee permitted by this chapter to do so, provided that if such owner does not file a letter prior to July 1, 2004, and July 1st thereafter in succeeding fiscal years, in the form prescribed by the director of finance, with the officer, such owner shall be responsible for the charges imposed by this chapter, and such charges are non-refundable, whether or not the city's services are actually utilized by such owner.

(Ord. 2267 § 1 (part), 2003)

A. Upon the request of any person furnishing any report, application, or other document required by this chapter, the city shall not make available for inspection by the public any portion of the report, application, or other document that contains a trade secret, as defined in subdivision (d) of Section 3426.1 of the California Civil Code, in accord with subsections C and D of this section.

B. Any person furnishing information, as described in subsection 8.12.320(A), to the city pursuant to this chapter shall, at the time of submission, identify all information which the person believes is a trade secret, by stamping that portion of the report, application, or other document with the words "trade secret" in red ink. Any information not identified by the person as a trade secret shall be made available to the public, unless exempted from disclosure by another provision of law.

C. With regard to information that has been identified as a trade secret pursuant to subsection 8.12.320(b), the city, upon its own initiative, or upon receipt of a request for public information, shall determine whether any or all of the information has been properly identified as a trade secret.

1. If the city determines that the information is not a trade secret, the city shall notify the person who furnished the information by certified mail at the address of that person shown in city records.

2. The person who furnished the information shall have thirty days from the date of receipt of the notice required by subsection 8.12.320(C)(1) to provide the city with a complete justification and statement of the grounds on which the trade secret privilege is claimed. The justification and statement shall be submitted to the city by certified mail.

3. The city shall determine whether the information is protected as a trade secret within fifteen days from the date of receipt of the justification and statement or, if no justification and statement is filed, within forty-five days from the date of the notice required by subsection 8.12.320(C)(1). The city shall notify the person who furnished the information and any party who has requested the information of that determination by certified mail. If the city has determined that the information is not protected as a trade secret, this final notice shall also specify a date, not sooner than fifteen days from the date of the date of mailing of the final notice, when the information shall be available to the public.

4. Should any person bring action against the city claiming that any information furnished pursuant to this section was improperly designated and determined to be a trade secret, the person furnishing such information shall indemnify and defend the city in such action.

D. Except as provided in subsection 8.12.320(C), the city may release information submitted and designated as a trade secret only to other following public agencies for enforcement proceedings involving the person furnishing the information or for use in making reports.

E. For the purpose of implementing this section, the disclosure of information shall be consistent with Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the California Government Code.

(Ord. 2267 § 1 (part), 2003)

Quarterly reports, notices, and other submittals required of the franchisee and by this chapter shall be transmitted via certified mail to the following address:

Public Works Manager

City of Montebello

311 S. Greenwood

Montebello, CA 90640

(Ord. 2267 § 1 (part), 2003)

A. A franchisee or the city may be excused from performing their obligations pursuant to this chapter in the event they are prevented from so performing by uncontrollable circumstances, as defined in Section 8.12.010, beyond the control of, and not the fault of, the party claiming excuse from performance.

B. A franchisee claiming excuse from performance shall, within two days after the franchisee has notice of such cause, give the city notice of the facts constituting such cause, efforts undertaken by the franchisee to attempt to perform its obligations under this chapter, the proposed timelines for such performance, and asserting its claim to excuse under this section. The director of public works or his or her designee shall consider such notice from the franchisee, and at the director of public works or designee's sole discretion, approve, conditionally approve, or deny such notice.

(Ord. 2267 § 1 (part), 2003)

Commercial Solid Waste Ordinance Exhibit A