Article VII

• A. Except as otherwise provided in this chapter, all solid waste collected from residential or commercial/industrial premises for a fee, service charge, or other consideration, shall be collected by a solid waste enterprise under the provisions of an exclusive contract awarded by the City Council (authorized collector).

• B. No person, firm, corporation or solid waste enterprise, other than those referenced in subsection A of this section above, shall negotiate or contract for, undertake to receive, collect or transport solid waste from within the City for a fee, service charge or other consideration, except as specifically provided in this chapter.

• C. Except as otherwise provided in this chapter, each residential owner and commercial/ industrial business owner shall utilize the services of the authorized collector for the collection of solid waste from the residential or commercial/industrial premises held or occupied by such owner and shall pay for such services the fees approved by the City Council. No residential or commercial/industrial business owner shall enter into an agreement for solid waste handling services with any person, firm or corporation other than the authorized collector, except as otherwise provided in this chapter.

• D. Nothing in this chapter shall prevent a commercial/industrial business which has its own recycling or resource recovery program for recyclables generated by such business and not utilizing a solid waste enterprise which provides collection services for a fee, service charge, or other consideration, from continuing such recycling or resource recovery program, and the recyclables included in such program are excepted from the exclusive contract between the City and the authorized collector.

(Prior code § 14-4.24; Ord. 1450 § 1, 1996; Ord. 1483 § 6, 1998; Ord. 21-1722 § 2)

Any person who deposits or causes to be deposited any solid waste or recyclables on the public right-of-way or on private property within public view, except in a container provided as specified in this chapter, shall immediately clean up, contain, collect and remove same. (Prior code § 14-4.25; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

No person shall transfer solid waste or recyclables from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the City Manager, or is necessary owing to mechanical failure or accidental damage to a vehicle.

(Prior code § 14-4.26; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

No person other than the authorized collector shall remove or tamper with, or remove any solid waste or recyclable material from, any solid waste container or recyclables container, other than the owner or occupant of the property served by such bin, receptacle or recyclable container, or

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City of Norwalk, CA

NORWALK CODE

§ 8.48.310

§ 8.48.340

an authorized employee of the City. (Prior code § 14-4.27; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

• A. No cardboard box or paper or plastic bag may be used as a container for solid waste or recyclables. Except as expressly authorized by this chapter, no person other than an authorized collector may place a container for the collection of solid waste or recyclables within the City. Any container placed in violation of this section is hereby declared to be a nuisance, and is subject to abatement pursuant to applicable provisions of this Code.

• B. The City shall notify, in writing, any person who violates subsection A of this section that the prompt and permanent removal of such container from the place or premises is required. The City shall deliver such written notice by posting a copy of the notice prominently upon the container. If the container is identified with the name and telephone number of the solid waste enterprise servicing it, the City shall also endeavor to contact the enterprise by telephone. Failure to notify the owner telephonically shall not invalidate the notice. The City may impound or cause to be impounded any such container if the same is not permanently removed from the place or premises within the time set forth in the notice, which time shall be not less than 24 hours after posting of the notice, or not less than six business hours after telephonic notification, if any. For purposes of this section, business hours shall mean the hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday. Any person who violates this section shall be liable to the City for all fines and charges levied in connection with the collection, transportation, storage and handling of such container by the City. The container impounded by the City shall be retrieved by the owner or his or her representative immediately after all applicable fines and charges have been paid. The City Manager may delegate to the City's Collector the authority to impound unauthorized containers and to collect the fines and charges levied by the City.

• C. Upon posting of a written notice of violation upon the unauthorized container, the customer using the unauthorized container shall immediately cease placing solid waste and recyclable materials therein.

• (Ord. 1539 § 2, 2003; Ord. 21-1722 § 2)

• A. No collection within the City shall be made between the hours of 7:00 p.m. and 6:00 a.m. Monday through Saturday or at any time on Sunday.

• B. No delivery or removal of containers by a collector may be made between the hours of 8:00 p.m. and 6:00 a.m. the next day.

• C. The City Manager may waive the requirements of this section when necessitated by conditions beyond the control of the collector.

(Prior code § 14-4.28; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

Every collector shall, at all times, comply with City policies and programs with regard to solid waste recovery, reduction of solid waste and recycling of solid waste. (Prior code § 14-4.29; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.48.340

§ 8.48.380

At such time as the solid waste or recyclables are placed for collection at the usual place of collection, the solid waste or recyclables are the property of the collector. (Prior code § 14-4.30; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

• A. It is unlawful at any time for any person, including collectors, to burn any solid waste or recyclables within the City.

• B. It is unlawful at any time for any person, including collectors, to bury or dump any solid waste or recyclables within the City.

(Prior code § 14-4.31; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

The Collector's Manager shall supervise the collection, transportation and disposition of solid waste and/or recyclables.

(Prior code § 14-4.32; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

No person authorized to collect or transport solid waste or recyclables shall enter on private property beyond the extent necessary to collect the solid waste or recyclables, properly placed for collection.

(Prior code § 14-4.33; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

• A. Each collector shall provide the City with quarterly tonnage reports which include the following:

  1. Total amount of solid waste removed from the City for each month in the reporting period;

  2. The name address and telephone number of each solid waste disposal and/or recycling facility used by the collector during the reporting period;

  3. Copies of waste disposal facility weight tickets/invoices which indicate the net amount of all waste disposed, transferred and/or recycled during each month of the reporting period;

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

  5. The complaint log described in Section 8.48.430(B).

• B. Each report shall be signed by an officer of the collector. If the collector has more than one collection route, it shall submit a separate report for each collection route. Each report shall be submitted to the City on the last working day of the month following the quarterly reporting period. Reports must be received by the City Manager by 5:00 p.m.

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City of Norwalk, CA

NORWALK CODE

§ 8.48.380

§ 8.48.430

(Prior code § 14-4.34; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

Every collector shall furnish an annual report to the City detailing the quantity and nature of all solid waste or recyclables removed from the City. Reports shall be delivered to the City on or before July 31st of each year, for the immediately preceding period of July 1st through June 30th period. This report shall also include permitted waste disposal facilities where the collector has disposed and/or transferred all solid waste removed from the City. This report is to also include a compilation of quarterly tonnage reports and/or copies of tipping receipts, The report shall include a customer service identification list which identifies the name and address of each customer receiving collection and/or recycling service from the collector. This requirement may be waived on an annual basis by the City Manager upon written request of the collector. (Prior code § 14-4.35; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

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

(Prior code § 14-4.36; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

Each collector shall furnish the City a policy or certificate of comprehensive general and automobile liability insurance insuring the collector against bodily injury, property damage and automobile liability in the sum of four million dollars ($4,000,000.00) combined single limits. A greater amount may be required in the collector agreement. The insurance shall provide that the coverage is primary and that any insurance maintained by the City shall be excess insurance, shall be procured from an insurer authorized to do business in the State of California, shall name the City and its officers, employees and agents as additional insureds and shall not be canceled or modified without first giving to City 30 days' prior written notice. (Prior code § 14-4.37; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

Any collector or person who collects, transports or disposes of solid waste or recyclables within the City shall indemnify, defend and hold harmless the City and its officers, employees and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties and reasonable attorneys fees, that the City shall incur or suffer, which arise, result from or relate to the collection, transportation or disposal of solid waste or recyclables by that person. Nothing set forth in this section shall expand or modify the scope of contractor's liability as provided in the collector agreement or modify the terms and conditions of a collector agreement between the City and a collector.

(Prior code § 14-4.38; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

• A. Any collector with a collector agreement shall maintain an office at some fixed location

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.48.430

§ 8.48.430

and shall maintain a telephone at the office, listed in the current telephone directory in the firm name by which it conducts business in the City, and shall at all times during the hours between 8:00 a.m. and 5:00 p.m. of each weekday and between 8:00 a.m. and 12:00 noon on Saturday, have an employee or agent at that office to answer inquiries and receive complaints. The telephone number shall be a toll-free number from all portions of the City.

• B. The collector shall maintain at the office a written log of all complaints/inquiries received. Such log shall contain the date of inquiry/complaint, the callers name, address and telephone number, the nature of the complaint/inquiry, the action taken or the reason for nonaction, and the date such action was taken. All inquiries and complaints shall be promptly answered or responded to and/or dealt with to the satisfaction of the City. Such log of complaints and other records pertaining to solid waste and recyclable collection and disposal shall be open to the inspection of the City at all reasonable times and shall be maintained for a period of one year. Compliance with the requirements of this section are conditions to any permit or collector agreement which is awarded by the City.

• (Prior code § 14-4.39; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.48.440

§ 8.48.480