Oakdale Municipal Code § 26-9 Solid Waste Collections Service Exclusive and Compulsory

[Ord. No. 412, § 5; Ord. No. 423, § 1; Ord. No. 631, § 1; Ord. No. 654, § 3; Ord. No. 1059, § 4.]

All dwellings, apartment houses and places of business in which solid waste is created, produced or accumulates within the city shall be required to use the solid waste collection service of the city's contractor and to pay the charges therefor, except as provided in section 26-9.2 of this article. It shall be unlawful for any person, firm or corporation, except as otherwise provided in this article, to collect or gather solid waste within the city.

Notwithstanding any provision of this chapter any producer of industrial waste presently using a contract waste hauler other than the city franchisee may continue to use a contract waste hauler other than the city franchisee.

[Ord. No. 846, § 2; Ord. No. 1059, § 5.]

In the event an alternate contractor hauls and removes solid waste from any industrial plant as provided for in section 26-9 above, each such alternate contractor shall pay a franchise fee for the privilege of such hauling in the amount of fifteen percent of the gross charges by such contractor to the industrial plant. Said amount shall be paid to the director of finance of the City of Oakdale monthly, and at the same time such contractor shall furnish to the director of finance such information and files and records to enable the City of Oakdale to determine that the proper fee is being paid to the City of Oakdale.

[Ord. No. 1059, § 6.]

(a) Any person may remove or may cause to be removed from premises occupied by that person or under their control, such solid waste as is created or produced on such premises in excess of the regular solid waste collection made by city's contract hauler if the following conditions have been complied with: subsections (b) (1) and (2) below:

(b) Any person may remove or may cause to be removed from premises occupied by that person or under their control, all solid waste created or produced on such premises and becomes a non-customer of the city's contractor if all of the following conditions have been met:

(1) Such removal shall be made only by the owner or occupant personally, or by employees of such owner or occupant.

(2) All vehicles used in carrying out such removal shall be owned by or under the exclusive control of the owner or occupant, and such vehicle and activities shall meet all the requirements of this chapter and all other laws and ordinances of the State of California and the city relating to solid waste disposal.

(3) Persons removing solid waste in excess of normal annual residential volume (defined herein as three thousand pounds per year) shall comply with the following additional requirements:

a. No waste shall be permitted to leak, blow, litter or fall from any vehicle engaged in such removal.

b. All removal shall be done safely and quietly with due regard to the property of others.

c. No person shall remove solid waste from any location within two hundred feet of a public or private elementary, junior high, or high school, where such school is shown on an official map of the city, as designated by the public works and transportation director, as said map shall be periodically updated, during the forty-five minutes before the commencement of the regular school day and forty-five minutes following the conclusion of the regular school day, where such locations are accessible to and used by children as routes to or from school.

d. Persons engaged in solid waste removal pursuant to these requirements shall be responsible for any damage in excess of normal wear and tear to the city's driving surfaces, whether or not paved, resulting from the illegal weight of, or any leakage or spillage of oils, fluids or solids by vehicles used in such solid waste removal.

e. Vehicles used shall comply with CHP and D.O.T. regulations, and shall be thoroughly washed and disinfected inside the collection body following each use.

f. No driver shall operate a vehicle as in paragraph e above, without a valid and appropriate driver's license.

g. All vehicles as in paragraph e above shall be clearly identified with the name and local telephone number of its operator affixed thereto.

h. Solid waste shall be disposed of at a permitted transfer facility or a solid waste disposal facility, including landfills and transformation facilities, permitted by the California Integrated Waste Management Board (CIWMB).

i. If the city establishes a yard waste collection program, yard waste shall be separated from solid waste and recyclables and taken to a permitted composting facility or such other locations as directed by the public works and transportation director.

j. All recyclable materials shall be separated from other solid waste and shall be recycled at a permitted recycling facility.

k. Insurance requirements as specified from time to time by the city's risk manager shall be complied with.

(4) A cash security deposit shall be deposited with the city in an amount set from time to time by council resolution to ensure prompt removal of solid waste in the event it is not removed from the premises on a regular weekly basis by a noncustomer owner or person in control of the premises. The security deposit shall be made for each separate residential property or business location owned or controlled by a noncustomer, based on the frequency and volume of past collection. Events requiring city to use a noncustomer's deposit for solid waste removal shall be treated as a public nuisance subject to immediate abatement and charged to such noncustomer. Conduct requiring city to expend noncustomer deposit monies shall constitute a misdemeanor.

(5) Persons engaged in solid waste removal shall procure and retain a receipt from a permitted solid waste facility for each week they remain a noncustomer and collection and display all such receipts for the preceding one-quarter calendar year upon reasonable request by appropriate city authority. Failure to show proof of solid waste disposal for each week that a person is a noncustomer shall constitute a public health and safety risk sufficient to permit city to administratively require such person to become a customer.

(c) Any producer of industrial solid waste, or their employees, may transport the same upon or through any street or public place of the city for disposal at a permitted disposal facility or site.

(d) It shall be unlawful for any person acting as an employee of a producer of industrial solid waste to collect or transport such industrial solid waste from more than one industrial producer thereof.

(e) Any person engaged in the business of gardening or tree summing, or building demolition, or construction work, including both yards and buildings interiors, is authorized to remove and dispose of yard waste, rubbish or salvageable waste produced as an incident to such business, including the use of any contract waste hauler.