Article I — COLLECTION

The ordinance codified in this chapter shall be known, and may be cited, as the "MSW, recyclable material, and organic waste collection and disposal ordinance."

(Ord. No. 619, §§ 1, 2, 7-12-2022)

The town council finds that the provisions of the California Integrated Waste Management Act of 1989 require the town to develop a comprehensive program to reduce, recycle or otherwise divert the town's MSW, recyclable material, and organic waste stream from landfill disposal by specific amounts on certain dates.

The town council further finds that the public health, safety, and welfare require that an exclusive franchise be awarded to a qualified enterprise for the collection, transportation, recycling, composting, and disposal of all MSW in the town.

The town council also finds that the management of MSW, recyclable material, and organic waste within the town subject to the provisions of this chapter is in accordance with the goals and policies of the town general plan.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

The purpose of this chapter is to:

A.

Establish the standards and procedures for complying with the California Integrated Waste Management Act of 1989, Assembly Bills 341 and 1826, and Senate Bill 1383;

B.

Protect the health, safety and welfare of the general public by establishing appropriate standards governing the collection and disposal of MSW, recyclable material, and organic waste;

C.

Provide for resource conservation which will provide long-term economic, energy and natural resource benefits to society;

D.

Extend the life of the Neal Road Recycling and Waste Facility by diverting as much MSW, recyclable material, and organic waste as possible;

E.

Protect the environment by establishing proper collection and disposal programs.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

"Agreement" means a MSW, recyclable material, and organic waste collection and disposal franchise agreement granted in accordance with the standards established in this chapter.

"Authorized contractor" means a person, company, agency, district, or other entity authorized by the town council to provide service or services to collect MSW, recyclable materials, and/or organic waste from others within the town limits in accordance with the provisions of this chapter.

"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR (e.g. "14 CCR" refers to Title 14 of CCR).

"Collection services" means MSW, recyclable material, and organic waste collected by the authorized contractor pursuant to this chapter.

"Commercial business," "business," or "businesses" means all hotels, motor courts, restaurants, offices or office buildings, stores, warehouses, factories, hospitals, assisted living facilities and all other premises used for functions other than dwelling houses, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family complex that consists of fewer than five (5) units is not a commercial business for purposes of implementing this chapter.

"Compost" or "organic waste" has the same meaning as in 14 CCR Section 17896.2(a)(4) and means those materials that are processed in a controlled biological decomposition process, which are source separated from the municipal MSW stream. Organic waste includes food scraps, food soiled paper products, yard trimmings and wood materials that do not contain hazardous waste.

"Construction and demolition (C&D) debris" includes waste building materials, packaging and rubble resulting from construction, remodeling, repair or demolition operations on pavements, houses, commercial and industrial buildings, and other structures and improvements.

"Container" or "containers" means watertight metal or plastic objects with lids or covers, designed, and used to hold MSW, recyclable materials, organic waste, or cooking oil/grease prior to collection, provided by the town or authorized contractor. Containers include wheeled carts with lids, bins, open-top roll-off boxes, compactors, and oil/grease tanks.

"Contamination" means placing materials in a container that is labeled and intended for storage of another type of material, and which would interfere with the processing of the intended material.

"County" means the County of Butte, a political subdivision of the State of California.

"Designated disposal site" means the disposal facility or site to which franchisee elects or is required to transport MSW collected under the regulatory provisions of this chapter and the agreement for final disposal.

"Enclosure" means a walled structure for the storage of MSW, recyclable materials, and organic waste containers with one or more gates for access.

"Franchise area" means the area within the town limits of the town on the effective date of the ordinance codified in this chapter, including any federal or state enclaves, and any areas annexed to the town or coming under the town's MSW management or planning authority after that date.

"Franchise majeure" means acts of God, fire, landslides, lightning, storms, floods, freezing, earthquakes, epidemics, volcanic eruptions, civil disturbances, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockages, public riots, breakage, explosions or accident to machines, pipelines or materials, governmental restraint, unavailability of a disposal site and any other event which could not with reasonable diligence be controlled or prevented by the party affected by the event.

"Franchisee" means an authorized contractor who has been granted an exclusive franchise to collect MSW within the town pursuant to the provisions of this chapter.

"Franchisor" means the town which grants an exclusive franchise to collect MSW within the town pursuant to the provisions of this chapter.

"Generate" means to bring into existence or create, or to use, maintain, or possess an item, material or product, the result of which such creation, bringing into existence, use, maintenance, or possession is that the item, material, or product first becomes, or is converted, transformed, evolved to, or deemed as MSW, recyclable material, or organic waste. "Generate" shall not mean or include any form of activity, program, service of business by which MSW, recyclable materials, or organic waste are in any manner collected or accumulated from another person, business, entity, or establishment of any kind.

"Generators" means individuals, businesses, and other entities, including the town, that generate MSW, recyclable and organic materials in the franchise area and are customers of franchisee's services hereunder.

"Gross receipts" means all money, cash, fees, revenues, and gross sums received by franchisee in connection with the provision of services under an agreement, minus all sales taxes and excise taxes required by law to be collected by franchisee in connection with the provision of such services. There shall be no deduction from gross receipts for any overhead or costs or expenses of operation, such as, but without limitation to salaries, wages, costs of goods, interest, debt amortization, discount, collection charges, insurance and taxes, except as specifically provided herein; provided, that gross receipts shall not include federal, state, municipal or other taxes or fees collected from generators (regardless of whether the amount thereof is stated to the generator as a separate chart) and paid periodically by franchisee to a governmental agency, accompanied by a tax return or statement. The amount of such taxes or fees shall be shown on the books and records elsewhere herein required to be maintained.

"Hazardous waste" means all MSW defined or characterized as hazardous waste by the Federal Solid Waste Disposal Act, as amended, including the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.) and all future amendments thereto, or regulations promulgated thereunder; all MSW defined or characterized as hazardous waste by the principal agencies of the state (including without limitation the department of health services and the California Integrated Waste Management Board) having jurisdiction over hazardous waste generated by facilities with the state, and pursuant to any applicable state or local law or ordinance, and all future amendments thereto, or regulations promulgated thereunder, including without limitation the California Integrated Solid Waste Management Act of 1989; radioactive wastes; any sewage sludge or other residue from wastewater treatment facilities; those substances or

items which require special or extraordinary handling or disposal due to their hazardous, harmful, toxic or dangerous character or quality; and those substances and items which are not normally disposed of by generally accepted sanitary landfill disposal methods.

"Inspection" means an action or site visit where the town reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of MSW, recyclable material, organic waste, or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

"Multi-family complex" means a residential premises with five (5) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"Municipal MSW" or "MSW" means all fractions of discarded putrescible and non-putrescible solid, semi- solid and liquid wastes, including trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, discarded home and industrial appliances, manure, vegetable or animal solid and semi- MSWs, and other discarded substances or materials. MSW does not include:

A.

Hazardous waste, as defined in the State Public Resources Code Section 40141.

B.

Low-level radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

C.

Untreated medical waste which is regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a MSW landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be MSW shall be regulated pursuant to Division 30 of the State Public Resources Code.

D.

Recyclable materials which have been source or type-separated from other waste material.

"Organic waste" means MSWs containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"Owner" means the legal owner of real property; and as used in this chapter the singular shall include the plural, and shall include an individual, a firm, an association, a corporation, a partnership and the lessees, trustees, agents, employees, servants and representatives of any such owner. Proof of the assessment of any real property, the subject of this chapter, to any person or legal entity on the official assessor's rolls

shall constitute prima facie evidence that such person or legal entity to whom such property is so assessed is the legal owner thereof.

"Recyclable material" means material which otherwise would become or be treated as MSW but which, by means of a process of collecting, sorting, cleansing, treating and reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the marketplace. "Recyclable materials" includes paper, books, magazines, cardboard, box board, plastic, metal, glass, and other similar materials authorized by the town for collection by the authorized contractor.

"State" means the State of California.

"Town" means the Town of Paradise, a municipal corporation, and all the territory lying within the municipal boundaries of the town as presently existing or as such boundaries may be modified during the term.

"Town enforcement officer" means the town manager, or their authorized designee(s) who is/are partially or wholly responsible for enforcing the ordinance. See also "regional or county agency enforcement officer."

"Yard waste" means tree trimmings, grass cuttings, leaves, branches, and similar organic materials, including vineyard clippings, sawdust, wooden chopsticks, and other clean wood items under thirty-six (36) inches.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

The maximum number of franchises to be awarded by the town council shall be one franchise for the collection, transportation, recycling, composting and disposal and waste diversion of MSW within the town boundaries. The granting of the franchise shall be through an agreement between the town as the franchisor and the authorized contractor as a franchisee.

B.

A franchise shall be granted only to persons who possess all permits and licenses necessary to provide MSW, recyclable, and organic material collection services in the county and the town. A franchise may be revoked upon the conviction of a franchisee for a violation of any crime involving moral turpitude or any federal, state, county or local statute relating to the collection, transportation, and disposal of MSW, recyclable material, and organic waste.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

All collection, transportation, recycling, composting, and disposal of MSW, recyclable material, and organic waste by the franchisee shall be conducted in accordance with the most recent town adopted general plan for the town, including but not limited to, the town source reduction and recycling element (SRRE), the town household hazardous waste element (HHWE) and the county/town hazardous waste management plan.

The detailed performance standards and conditions regulating the franchise shall be incorporated in the agreement between the town and the franchisee.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

In order to assist the town in meeting the required reduction of the amount of MSW, recyclable material, and organic waste entering landfills pursuant to the provisions of Section 42901 of the California Public Resources Code in an efficient and cost-effective manner, the franchisee shall undertake and provide such collection, recycling, handling, marketing and/or processing programs or methods as the franchisee reasonably deems most efficient and/or cost-effective, including the use of a materials recovery facility (MRF) and/or curbside recycling, and provided such program or method is capable of achieving at least the fifty (50) percent diversion requirement of Section 42901.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

Ownership and the right to possession of MSW, recyclable material and organic waste, placed in containers, bins or roll-offs, or placed at curbside, shall transfer directly from the customer to the franchisee, by operation of law. Franchisee's arrangements with its customers will provide that, subject to the right of the customer to claim lost property, title and the right to possession, and liability for MSW, recyclable material, and organic waste, whether or not recyclable, which is set out for collection on the regularly scheduled collection day shall pass to franchisee at the time it is set out. Subject to the provisions of this chapter and the franchise agreement, franchisee shall have the right to retain any benefit profit resulting from its right to retain, recycle, compost, dispose of, or use the MSW, recyclable material, organic waste, and construction debris which it collects. MSW, recyclable material, organic waste, and construction debris, or any part thereof which is disposed of at a disposal site or sites (whether landfill, transformation facility, compost facility or material recovery facility) shall become the property of the owner or operator of the disposal site or sites once deposited there by franchisee.

However, franchisor, at its sole option, shall retain the right to require franchisee which transformation facility, compost facility, material recovery facility or landfill shall be used by franchisee to retain, recycle, compost, process and dispose of MSW, recyclable material, organic waste and construction debris generated within the franchise area to assure conformance with the California Integrated Waste Management Action of 1989, AB 341 and 1826, and SB 1383. Nothing herein shall be construed as prohibiting a generator from recycling his, her or its own recyclable material through another program.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

The property owner of any residential, commercial, industrial, quasi-public or other land use in the town shall be responsible for contracting with the franchisee authorized by this chapter for the satisfactory collection and removal of all MSW, recyclable material, and organic waste accumulated on the property.

MSW, recyclable material, and organic waste shall not be allowed to accumulate more than seven (7) consecutive days on a property in order to prevent the creation of a nuisance, a fire hazard, or the propagation or attraction of flies, insects, rodents, or other vectors.

B.

To enable the town to determine if all households are participating in the universal collection program, the franchisee shall provide a list of their customers to the town on a quarterly or semi-annual basis until the town reduces the frequency of list submittal based on most households participating.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

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

(Ord. No. 619, §§ 1, 2, 7-12-2022)

In order to comply with the provisions of the Act and to accurately account for and to report for the amount of MSW, recyclable material, and organic waste collected within the town and disposed according to this chapter, each load of MSW, recyclable material, and organic waste collected by franchisee shall not be commingled with any other MSW, recyclable material, and organic waste collected by the franchisee from any other person or place located outside the town limits.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

Each vehicle used by franchisee shall at all times comply with all applicable provisions of the California Vehicle Code, and shall be inspected, at least once a year, using the "critical item inspection" criteria as approved by the California Highway Patrol. The results of said inspections shall be made available to the town manager upon request.

B.

Each vehicle used for the collection and transportation or transport of MSW, recyclable material, and organic waste shall be maintained in a clean and sanitary condition both inside and out and shall be

washed at least once every seven calendar days.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

Franchisee shall indemnify the town in accordance with the provisions of the franchise agreement.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

Concurrent with the granting of the franchise pursuant to this chapter, the franchisee shall deposit with the town a cash deposit, irrevocable letter of credit, or other such document evidencing an irrevocable cash deposit payable to the town, in the amount of one hundred thousand dollars ($100,000.00), in a form approved by the town attorney, guaranteeing franchisee's faithful performance of the terms of its franchise agreement and shall promptly pay all just claims for any labor skill rendered or equipment or material used in the performance of this chapter. Such cash deposit or letter of credit shall be maintained in effect throughout the duration of the franchise agreement.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

The franchise granted pursuant to this chapter shall not be transferred, sold, sublet or assigned, nor shall any of the rights or privileges herein be hypothecated, 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, except the franchisee, either by act of the franchisee or by operation of law without the prior written consent of the town council expressed by a duly adopted resolution. Any attempt to assign this franchise without the consent of the town council shall be void.

B.

The town may impose conditions of approval on the transfer of an agreement, including but not limited to, conditions requiring acceptance of the provisions of this code, including this chapter, and the agreement. The town shall not be unreasonable in withholding its consent of the transfer.

C.

Town consent is required for any change in the control of the franchisee. "Change in control" means any sale, transfer, or acquisition of the franchisee.

D.

Any change in control of the franchisee occurring without prior town approval shall constitute a material breach of the agreement.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

Beginning with the first full month following the effective date of the ordinance codified in this chapter, the franchisee shall pay to franchisor on a quarterly basis, seven (7) percent of all gross receipts collected by the franchisee as a franchise fee. Other than the fee established for the 2006-2007 fiscal year, this franchise fee shall be computed annually beginning on July 1st of each subsequent fiscal year with payments to the town being made no later than the twentieth (20th) day after any calendar quarter.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

The franchisee shall maintain all records relating to the services provided hereunder, including, but not limited to, customer lists, billing records, customer complaints, accounts payable records, financial audits, maps and the Act compliance records, for a period of not less than three (3) years, or any longer period required by law. The town shall have the right, upon five (5) days' advance written notice, to inspect all records which reasonably relate to the franchisee's compliance with the provisions of this chapter and the agreement. Such records shall be made available to the town at the franchisee's regular place of business, but in no event outside the county.

B.

Should any examination or audit of franchisee's records reveal an underpayment of any fee required pursuant to this chapter or the franchise agreement, the amount of such underpayment shall become due and payable to town not later than fifteen (15) days after written notice of such underpayment is sent to franchisee by the town. Should an underpayment of more than three (3) percent be discovered, the franchisee shall bear the entire cost of an audit of franchise fees.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

Franchisee Rate. On or before May 1, 2007, the franchisee shall provide the services described in this chapter and the franchise agreement in accordance with Exhibit "F" of the franchise agreement.

B.

Modifications and Adjustments. The rates set forth in Exhibit "F" shall remain in effect until adjusted by the town based on Exhibit "E" of the franchise agreement.

C.

All other terms and conditions of rates shall be as set forth in the franchise agreement.

D.

All billing for services provided shall be made by the franchisee; and all charges shall become delinquent sixty (60) days after billing date.

E.

If the bill remains unpaid after the date of delinquency, the franchisee shall be entitled to a delinquency fee; and may discontinue service to the property after a thirty (30) day written notice. However, said delinquency fee shall not be assessed until fifteen (15) days after notification of the delinquency to the property owner and recipient of service. The form and content of the delinquency notice sent by the franchisee shall be approved by the town manager. Franchisee shall simultaneously file with the town manager a formal written notice stating the assessor's parcel number of the parcel to which service was rendered, that such delinquency notice has been sent to such recipient and property owner and the date and address to which notice was sent. Delinquency fees shall be set by the franchise agreement.

F.

Should the bill remain unpaid at the expiration of the sixty (60) days, the franchisee may assign said bill to the town for lien proceedings.

G.

Upon the town's receipt of the assignment from the franchisee and at the convenience of the town (i.e. once per year during the month of May); the town manager shall initiate proceedings complying with Government Code Sections 38790.1 and 25831 to create a lien on the real property to which the waste collection has been rendered.

H.

The lien shall be officially recorded in the county recorder's office. The lien may carry such additional administrative charges as set forth by the resolution of the town council. The owner shall be notified by the town finance department that the delinquency charges and administrative charges are due the town and that said lien has been recorded.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

The franchisee shall designate a "government liaison person" who shall be responsible for working with the town manager or the town manager's designee to resolve consumer complaints.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

Independent Contractor. The franchisee is an independent contractor and not an officer, agent, servant, or employee of the town. The franchisee is solely responsible for the acts and omissions of their officers, agents, employees, contractors, and subcontractors, if any. Nothing in this chapter or in the agreement

shall be construed as creating a partnership or joint venture between town and franchisee. Neither franchisee nor its officers, employees, agents, or subcontractors shall obtain any rights to retirement or other benefits which accrue to town employees.

B.

Pavement Damage. Franchisee shall be responsible for any extraordinary damage to town's driving surfaces resulting from negligence in providing MSW, recyclable material, and organic waste collection and transportation services.

C.

Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees, contractors, or subcontractors of the franchisee to private or public property shall be repaired or replaced.

D.

Right of Entry. The franchisee shall have the right, until receipt of written notice revoking permission to pass is delivered to franchisee, to enter or drive upon any private street, court, place, easement, or other private property for the purpose of providing for the collection, transportation, recycling, composting, and disposal of MSW, recyclable material, organic waste, and construction debris pursuant to this chapter and the franchise agreement.

E.

Prior Agreements and Amendments. This chapter and the franchise agreement are intended to carry out town's obligations to comply with the provisions of the California Integrated Waste Management Act, AB 341 and 1826, and SB 1383 as it from time to time may be amended, and as implemented by regulations of the California Integrated Waste Management Board ("regulations"), as they from time to time may be amended. In the event that the Act or other state or federal laws or regulations are enacted after this chapter has been enacted and the franchise agreement entered into, prevent or preclude compliance with one or more provisions of this chapter and the franchise agreements, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. No other amendment of the franchise agreements shall be valid unless in writing duly executed by the parties.

F.

Service Requirements. Franchisee shall furnish all necessary personnel, labor, equipment, materials, billing, transportation, and related facilities required to perform its services under this chapter and the franchise agreement.

G.

Laws and Licenses. The franchisee shall comply with all federal, state, county and town laws and ordinances, rules and regulations applicable to the performance of services hereunder and shall obtain all licenses and permits necessary to perform the services hereunder and maintain the same in full force and effect.

H.

Nondiscrimination. In performing the services hereunder, each franchisee shall not discriminate against any person on the ground of race, sex, age, creed, color, religion or national origin.

(Ord. No. 619, §§ 1, 2, 7-12-2022)

A.

It is unlawful for any person or generator in the town to do any of the following:

Dispose of or dump MSW, recyclable material, or organic waste on public or private rights-of-way;

Dispose of toxic or hazardous materials in a manner that creates a public health, safety or environmental hazard;

Dispose of dead animals as part of normal collection of MSW, recyclable material, or organic waste;

Utilize MSW, recyclable, and organic containers belonging to other individuals without prior written permission;

Fail to contract with the town's authorized MSW, recyclable material, and organic waste collection franchisee to collect MSW, recyclable material, and organic materials from the generator unless granted an exemption from such required contracted service by action of the town.

Violate any provisions of the town general plan's "household hazardous waste element";

Violate any provision of the town general plan's "source reduction and recycling element";

Pick up recyclable or organic material placed in a town-owned container or curbside by other property owners or tenants for collection by the town's authorized franchised MSW, recyclable material, and organic waste collector;

Place and leave a MSW, recyclable material, or organic waste materials container within the front yard or at curbside or roadway collection point more than twenty-four (24) hours before the day of collection pickup or beyond twenty-four (24) hours after the day of collection pickup.

For anyone other than a person authorized by the property owner to remove or otherwise interfere with recyclable materials which have been placed in a waste disposal container.

B.

Any person or generator violating any of the provisions of this chapter shall be guilty of an infraction with fines pursuant to Government Code Section 36900. Any additional violation of this chapter within one year of the first violation may be prosecuted by the town attorney as a misdemeanor with a fine not exceeding one thousand dollars ($1,000.00) and/or six (6) months in the county jail; and provided, however, the town attorney shall have the discretion to reduce the misdemeanor to an infraction. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.

(Ord. No. 619, §§ 1, 2, 7-12-2022)