Moorpark Municipal Code Art. III Solid Waste Franchises, Fees, Equipment, Collection, and Collection…

The city council may award exclusive, partially exclusive, or nonexclusive solid waste franchises per Section 8.36.030 of this chapter. Any such solid waste franchises shall be in the form of a written agreement, granted by the city council by at least three affirmative votes. Where a franchise agreement is silent on an issue, the provisions of this chapter shall govern. Where a franchise agreement predates the effective date of the ordinance codified in this chapter, the provisions of the franchise agreement shall govern over any inconsistent provisions contained in this chapter.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

A. A solid waste franchise may be granted on such terms and conditions as the city council in its sole discretion shall establish as matters of local concern. At a minimum, a solid waste franchise shall name the solid waste enterprise and shall provide:

1. The franchisee shall comply with the provisions of this chapter.

2. The franchisee shall be required to protect, defend, indemnify, and hold the city harmless from liability, including, but not limited to, liability under the Resource Conservation and Recovery Act of 1983 ("RCRA"), 42 U.S.C. Section 6901 et seq.), AB 939, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act ("HSAA"), California Health and Safety Code Section 25300 et seq., and all future amendments to any of them, as they may be amended from time to time, and all regulations implementing these acts and all applicable laws governing universal wastes. The city may require that such obligation be secured by a guarantee.

3. The franchisee shall be required to cooperate with the city in solid waste disposal characterization studies or other waste stream audits and to submit other information required by the city to meet the reporting requirements of AB 939, or any other law or regulation including the SB 1383 Regulations, and to implement measures consistent with the city's reduction and recycling objectives in order for the city to reach the diversion and other goals mandated by the state, including, but not limited to, the Act, the SB 1383 Regulations, and Public Resources Code Section 41780(a)(2) as they may be amended from time to time.

4. The city council may set maximum and/or minimum rates for solid waste services, including, but not limited to, maximum rates by category such as single-family residential, multifamily, and commercial.

5. The franchisee shall be required to collect all fees and charges billed or collected by each franchisee for its franchised services and must not exceed the maximum schedule of fees and charges approved by the city council.

6. The city shall have the right to provide for substitute collection services upon the default of a franchise under a franchise agreement at the cost of the franchisee, including a liquidated damages provision.

7. The franchisee shall restrict assignment except as approved by the city council.

8. The city shall have the right to mandate commercial recycling and organics recycling and the franchisee shall be required to facilitate its implementation.

B. Each franchisee, at all times during the term of its franchise, must maintain liability insurance with companies and in such specified and reasonable amounts and coverage's as required by the franchise agreement. In addition, each such franchisee must maintain during the term of its franchise, workers' compensation insurance coverage as required by law, or have in place a legally approved qualified self-insurance plan for such workers' compensation coverage, and any other insurance requirements and endorsement forms as specified by city and required by the franchise agreement.

C. Each franchisee must, at all times during the term if its franchise, maintain on file with the city clerk proof of insurance evidencing the existence of all required insurance coverage in such reasonable form as approved by the city attorney.

D. In deciding whether to grant a franchise, the city council may consider, among other factors, those listed in this section and a solid waste enterprises past adherence to city codes, ordinances, franchise agreements, etc. Any applicant who previously had a franchise revoked shall be debarred from applying for another franchise for a period of three years.

(Ord. 394 § 1, 2010; Ord. 478 § 7, 2020; Ord. 495 § 1, 2021)

A. Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code, Section 41900 et seq., the city may levy fees upon solid waste enterprises and solid waste service recipients for planning, developing and administering: (1) any program regarding solid waste, household hazardous waste, recyclable solid wastes and/or green waste, and/or organic waste, including related collection, transfer, disposal, processing, auditing, and planning activities; and (2) any program for responding to releases and spills of solid wastes which have the characteristics of hazardous substances. Such fees may include charges for the use of disposal facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The city may collect such fees by such means as the city council may elect.

B. The city council, by resolution, may waive fees for recyclable solid waste haulers and for collectors of green wastes who transport such green waste to a compostable materials handling facility or a green waste composting facility, as defined in Title 14 CCR Section 17852, as it may be amended from time to time, or other site permitted (or exempt from permitting) by the state in accordance with all governing laws and regulations, and who report all such deliveries to the city.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

A. Any solid waste franchise issued or recognized under this chapter is subject to revocation, suspension, or termination for cause if engaging in any act or conduct which falls in any one or more of the following categories:

1. Operating the solid waste enterprise in a manner contrary to the public health, safety, well-being, peace, welfare, morals, or which are found to constitute a public nuisance;

2. Violating any regulation of the state, the California Department of Toxic Substances Control, the California Air Resources Board, or any of their respective successor agencies, a regulatory agency, a local enforcement agency, the Moorpark Municipal Code, or any material condition of a franchise affecting public health and safety in the city;

3. Violating any federal or state law in which the franchisee or any of its officers, directors, or employees are found guilty of any crime related to the performance of the franchise agreement, of any crime related to anti-trust activities, illegal transport, or disposal of hazardous or toxic materials, or bribery of public officials.

4. Engaging in fraud or deceit upon the city, made or makes or uses any false, fictitious or fraudulent statements or representations, or practiced any fraud or deceit or made any false, fictitious statements or representations in connection with the issuance or renewal of the franchise;

5. Becoming insolvent, unable or unwilling to pay its debts, including payment of fees due to the city, or having a receiver or trustee appointed to take over and conduct the business of the franchisee whether in a receivership, reorganization, or bankruptcy proceeding;

6. Failing to provide or maintain in full force and effect the workers compensation, liability, and indemnification coverage or cash bond or other guarantee as required;

7. Violating any order or ruling of any regulatory body with respect to solid waste handled or 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 solid waste enterprise is entered.

B. Investigation. If the administrative authority determines that: (1) the continuing performance of a franchise in the city may not be in conformity with reasonable industry standards applicable in Ventura County or provided under the "act," including, but not limited to, requirements for implementing diversion, source reduction and recycling, or any other applicable federal, state or local law or regulation, including, but not limited to, the laws governing transfer, storage, or disposal of solid waste and hazardous waste, universal wastes, and diversion rates required of the city by Public Resources Code Section 41780(a)(2) as it may be amended from time to time, or this chapter; or (2) a franchisee is in default of the terms of its franchise, the administrative authority shall advise the franchisee in writing of such suspected deficiencies. In any written notification of deficiencies, the administrative authority shall set a reasonable time within which the franchisee is to correct the deficiencies and respond. Unless otherwise specified in the franchise, a reasonable time for response and correction of deficiencies shall be 30 days from the receipt of such written notice by the franchisee.

C. Response. At the expiration of the time set for response from the franchisee, the administrative authority shall review the record, including any written response from the franchisee to the notice of deficiencies, and take either of the following actions: (1) resolve the matter in favor of the franchisee; or (2) order remedial action to cure any breach. In either event, the administrative authority shall inform the franchisee in writing of the decision. A decision or order of the administrative authority shall be final and conclusive unless the franchisee files a notice of appeal to the city council with the city clerk (with a copy to the city manager and the city attorney) within 10 days of mailing of the decision. The notice of appeal to the city council shall state the legal basis and all legal and factual contentions of the franchisee and shall include all evidence, including, but not limited to, affidavits, documents, photographs, electronic messaging, digital images, digital audio recordings, CDs, and DVDs. A notice to appeal to the city council shall not be accepted by the city clerk for filing unless accompanied by a notice of appeal filing fee in an amount to be set by city council resolution.

D. Public Hearing. Within 60 business days of receipt by the city clerk of a notice to appeal to the city council, the city council shall set the matter for a public hearing. The city clerk shall give written notice of the time and place of the hearing, as well as publish such notice as required for public hearings. At the hearing, the city council shall consider the administrative record, including the notice of deficiency, the franchisee's response, the administrative authority's written decision, and the franchisee's notice of appeal to the city council. The city council shall also give the franchisee, or its representatives and any other interested person a reasonable opportunity to be heard. The proceedings before the council shall be an informal administrative hearing and the rules of evidence, as generally applied in judicial proceedings, shall not be applicable.

E. Determination. Based on the administrative record, the city council shall determine by resolution whether the administrative authority's decision should be upheld. A tie vote of the city council shall be regarded as upholding the administrative authority's decision. If, based upon the record, the city council determines that the franchisee is in breach of any material provision of the franchise, or other cause for termination of the franchise, or decides to order the franchisee to cease operations in the city, the city council in the exercise of its sole discretion, may order remedial actions to cure the breach, or terminate forthwith the franchise or order operations in the city to cease. The decision of the city council shall be final and conclusive.

(Ord. 394 § 1, 2010; Ord. 478 §§ 8, 9, 2020; Ord. 495 § 1, 2021)

A solid waste franchise of the city will not be transferable, except as follows:

A. A franchise may not be transferred, sold, sublet or assigned, nor shall any of the rights or privileges therein be leased, assigned, sold or transferred either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of the franchisee or by operation of law without the prior written consent of the city council and as set forth in the franchise agreement.

B. An application for a transfer of a franchise must be made in a manner prescribed by the administrative authority. The application must include a franchise transfer application fee in an amount to be established by resolution of the city council, to cover the anticipated cost of all reasonable and customary direct and indirect administrative expenses, including, but not limited to, consultants' and attorneys' fees and costs, necessary to analyze the application and to reimburse the city for direct and indirect expenses. In addition, the franchisee must reimburse the city for all reasonable consultants, attorneys' and staff costs not covered by the franchise transfer application fee, whether or not the city approves the application for transfer. The city's demand for reimbursement shall be supported by evidence of the expenses and costs incurred. The franchisee and the applicant for transfer will be jointly and severally liable for the payment of any reasonable consultants', attorneys' and staff costs not covered by the franchise transfer application fee.

C. The applicant for a transfer of a franchise will have the burden of demonstrating that it has the operational and financial ability to meet all obligations of the franchise.

D. The city may withhold its consent to a transfer of the franchise and may require amendment of any franchise as a condition of approval of the transfer of any franchise.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

A. The maximum rates to be charged to customers for collection of solid waste from residential and commercial premises shall be as prescribed and set forth in the rate schedule to be established by resolution of the city council.

B. The city council may establish, by resolution, a ceiling on the amounts of charges a franchisee may charge for solid waste collection in addition to any required fees. Except as provided in subsection D below, or as otherwise provided in a franchise agreement the city council will consider adjustments to the maximum permitted charges once per calendar year. The maximum rates may not be increased without prior written approval of the city council by resolution.

C. The city council shall have the power to approve, deny or modify in any respect or particular instance the schedule of rates for the collection of solid waste from commercial or residential premises in the city, based upon the fairness of the rate increase to the franchisee and whether or not said increase will be detrimental or injurious to the affected customers, and shall thereafter, by resolution adopt a rate schedule for collection of solid waste.

D. The franchisee may petition the city council for an increase in the maximum rate to offset unusual changes in the franchisee's costs of doing business, such as revised federal, state or county laws, ordinances or regulations, significant changes in disposal charges, or change of disposal sites or processing facilities.

(Ord. 394 § 1, 2010; Ord. 478 § 10, 2020; Ord. 495 § 1, 2021)

A. The person in charge of day-to-day activities or operations of any residential and commercial premises is required by this chapter to have solid waste collection service or a self-haul exemption permit and shall be liable for all applicable fees and charges pertaining to such collection, and/or is subject to self-haul requirements in accordance with Article VII of this chapter.

B. To protect public health, safety, and well-being and to control the spread of vectors, the person responsible for day-to-day activities or operations of each residential and commercial premises in the city at which solid waste is generated or accumulated shall make arrangements for collection, recycling, and disposal of that waste generated or accumulated on those premises in accordance with the requirements of this chapter, or shall obtain a self-haul permit in accordance with Article VII of this chapter. The fees and charges, plus any interest or penalties, shall be due and payable on the date stated on the bill. The person responsible for day-to-day activities or operations of each premises in the city at which solid waste subject to this chapter is generated or accumulated, and which is not self-hauled, shall be liable for payment of all charges for solid waste services, including any interest or penalties, or any recycling charges.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

A. Any truck or vehicle used for collection and/or transportation of solid waste, hazardous waste, or medical waste under the provisions of this chapter shall be required to adhere to the standards set forth below and, if applicable, detailed further within the franchise agreement:

1. Be completely enclosed with a non-absorbent, close-fitting cover while transporting such waste in or through the city. "Completely enclosed with a non-absorbent, close-fitting cover" means that the waste will not be visible from the street, shall contain offensive odors, and shall prevent any waste from spilling, dropping, leaking, or blowing off of or out of any solid waste truck or vehicle and become deposited along the public right-of-way during collection or transportation;

2. At all times have in the cab thereof the registration of the truck or vehicle, a copy of the permit issued by the city, if applicable, a certificate of insurance, and an identification card with the name of a person to telephone in case of an accident or emergency. Each truck shall also be equipped with a minimum five pound fire extinguisher certified by the California State fire marshal and recharged as needed, but not less than once annually.

3. Be identified with the franchisee's name and have a unique vehicle number displayed in a prominent location;

4. Be made available for inspection at the discretion of the administrative authority at any point of operation and be properly maintained, kept clean, and in good repair at all times;

5. To protect public health, safety, and quiet enjoyment of the city's residents, the noise level for collection vehicles during the stationary compaction process shall not exceed 75 A-weighted decibels (dBA) at a distance of 25 feet from the collection vehicle and at an elevation of five feet from the horizontal base of such vehicles.

B. Any collection container provided by the franchisee or collector to any residential or commercial customer for the collection of solid waste within the city must:

1. Be labeled clearly with the name of the franchisee or collector, the telephone number of the franchisee or collector, and a unique identifier;

2. Be marked or posted with information stating the container is not to be used for disposal of hazardous waste. Commercial bins shall have conspicuous notices on each side of the commercial bin that states the bin is not to be used for disposal of hazardous waste;

3. Be maintained in a manner that protects public health and safety and prevents the spread of vectors;

4. Be maintained free from any exterior paint or markings, commonly referred to as "graffiti" or "tagging" and upon notification by the administrative authority of any such markings on a container identified by address or unique identifier, such markings must be removed or painted over within 24 hours from notification.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

A. Any person or entity handling and transporting solid waste, including recyclable solid waste, and organic waste, within the city must clean up immediately, or arrange for the immediate clean up, of any solid waste or liquid waste released, spilled or dumped into the environment during collection, handling, or transport within the city by such person or any vehicle fluid spill from collector's vehicles.

B. Until solid waste has been picked up by a franchisee or collector, or is self-hauled, the person in charge of the day-to-day activities or operations of each residential and commercial premises in the city shall be responsible for the cleanup of any and all solid waste generated, deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped, or disposed into the environment, or which has come to be located outside an authorized container on, at, or in the premises of which the person is in charge. This cleanup responsibility includes the cleanup of solid waste, including recyclable solid waste, and organic waste which has come to be located outside an authorized container for the collection of such solid waste, notwithstanding human or animal interference with a container, wind, or other natural forces and whether during storage, collection, removal, or transfer. For purposes of this section, the term "disposed into the environment" shall include, but not be limited to, the abandonment of or discarding of barrels, containers, and other closed receptacles of solid waste or liquid waste of any kind whatsoever.

C. Each franchisee or collector shall clean up any solid waste spilled or otherwise released or discharged into the environment during its collection, removal, or transfer immediately upon the occurrence of the spill, release or discharge in a manner approved by the administrative authority and is to inform the city verbally of the occurrence immediately and with a written report within two hours of the incident. Each franchisee or collector shall clean up any leaks or spills from their vehicles and equipment per the NPDES permit currently in effect in city. No fluids shall be washed into storm drains at any time. All NPDES dry-cleaning measures shall be complied with.

(Ord. 394 § 1, 2010; Ord. 478 § 11, 2020; Ord. 495 § 1, 2021)

A. All solid waste collection from residential premises and commercial premises adjacent to residential premises shall be made between the hours of seven (7:00) a.m. and six (6:00) p.m., Monday through Friday, and on Saturday as specified in subsection D of this section, or as set forth in the franchise agreement.

B. All solid waste collection from commercial premises not adjacent to residential premises shall be made between the hours of six (6:00) a.m. and six (6:00) p.m., Monday through Friday and between the hours of eight (8:00) a.m. and three (3:00) p.m. on Saturday, or as set forth in the franchise agreement. At no time is collection allowed on Sunday except as specified in subsection D of this section, or as set forth in the franchise agreement.

C. No residential or commercial solid waste collector shall collect or transport solid waste within 200 feet of a public or private elementary, middle or high school during the one-half (½) hour before the commencement of the regular school day and one-half (½) hour following the conclusion of the regular school day. It shall be the responsibility of the collector or drop box transporter to ascertain the various starting and ending times for schools within the city.

D. Whenever a holiday recognized by the city or any approved disposal site falls upon a regularly scheduled collection day, the solid waste scheduled for collection that day, and for the remainder of the week, may be picked up one day later than scheduled following specified guidelines in subsections A through C of this section. Commercial collection scheduled for Saturday may be picked up on Sunday between the hours of ten (10:00) a.m. and three (3:00) p.m.

(Ord. 394 § 1, 2010; Ord. 478 § 12, 2020; Ord. 495 § 1, 2021)

The person responsible for the day-to-day activities or operations at each residential and commercial premises in the city may order special collections of such things as bulky waste, C&D material, and temporary bin services through a city franchisee or authorized collector only.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

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

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

In addition to the requirements of this chapter and the provisions of a franchise agreement, the city specifically retains the right to repeal, amend, add to, or modify each and every provision of this chapter and the city, city council, or city manager may issue written regulations and policies to implement the provisions of this chapter.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)