Chapter 8.26

SOLID WASTE FRANCHISE REGULATIONS

• A. It is hereby declared and determined that the business of collecting and subsequently transporting, transferring, disposing and/or recycling of residential and commercial solid waste generated, kept or accumulated within the incorporated limits of the City of Plymouth affects the health, safety, public welfare and quality of life of the inhabitants of the City. The City further declares that the business of collecting and disposing of residential and commercial solid waste is a public service and should be regulated by the City to ensure reliability and adequacy of service. The use of any public street or public property in connection with such business is of great concern to the City and should be regulated by the City. Therefore, it is the purpose of this chapter, to provide such regulation.

• B. It is the further purpose of this chapter to regulate such business in order to ensure its orderly operation and to minimize the adverse effects it may have on the local environment. It is also the purpose of this chapter, aside and apart from regulation, to require compensation for the value of the franchise issued by the City.

• C. It is the further purpose of this chapter to provide for the uniform regulation of residential and commercial solid waste collection, removal and transportation within the geographical area of the City.

• D. The City hereby elects to have the grant of franchises governed by this chapter, and any ordinances amendatory thereof, and these provisions shall constitute the exclusive procedure applicable to the granting of franchises for the conduct of the business of collecting, transporting or disposing of residential and commercial solid waste.

• (Ord. 2014-05 § 1)

Unless the context otherwise requires, the definitions set forth in this section shall govern the interpretation of this chapter.

"City" means the City of Plymouth.

"City Clerk" means the City Clerk of the City of Plymouth.

"City Council" means the City Council of the City of Plymouth.

"City Engineer" means the Engineer of the City of Plymouth.

"City limits" means the territorial jurisdiction of the City of Plymouth.

"City Manager" means the City Manager of the City of Plymouth, or designee.

"Collection" means the act of picking up and removing solid waste or recyclable material at the place of waste generation.

"Commercial hauler" means any person who loads, collects, hauls, or transports commercial solid waste for a fee by use of any means, including, but not limited to, a dumpster truck; rolloff truck; a side-load, front-load, or rear-load garbage truck; or a trailer. "Commercial hauler" includes a commercial franchisee.

"Commercial solid waste" means all solid waste, as defined in this chapter, that is generated by and at commercial and industrial sources, multifamily residential property, and construction and demolition activities that is collected by a commercial hauler.

"Construction and demolition debris" means used or discarded materials resulting from construction, renovation, remodeling, repair or demolition operations on any pavement, house, commercial building, or other structure and such other materials as may be removed during the normal cleanup process of such construction, renovation, remodeling, repair, or demolition operations. This includes mixed construction and demolition debris and source separated recyclable construction and demolition material.

"Franchise" or "commercial franchise" means a commercial and/or residential solid waste and recyclables collection franchise issued under the provisions of this chapter to a commercial hauler within the City.

"Franchisee" means a person or entity holding a franchise issued pursuant to this chapter.

"Garbage" means putrescible animal or vegetable matter, and containers used for storage. "Garbage" includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs. "Garbage" does not include source separated recyclables or green yard waste.

"Generator" means an individual, firm, limited liability company, association, partnership, industry, public or private corporation, or any other entity whatsoever that originates, generates, or produces solid waste.

"Green waste" means compostable material, including, but not limited to, grass, weeds, pine needles, tree trimmings, plants, shrubbery, prunings and such other similar materials which are generated in the maintenance of yards, gardens, or landscaping, and which are separated by the generator from other solid waste materials for the purpose of recycling or composting.

"Law enforcement" means the Amador County Sheriff's Department or the agency which provides law enforcement to the City.

"Materials recovery facility" or "MRF" means any facility designed, operated, and legally permitted for the purpose of receiving, sorting, processing, storing, or preparing recyclable materials for sale and which has obtained, and maintains valid permit(s) to accept, process or store recyclable materials. This definition shall apply only within the framework of materials recovery facility services and reporting of this chapter.

"Multifamily residential property" means five or more individual living units located on a single parcel of land and any mobile home park located within the City.

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

"Recyclable material" or "recyclables" means materials that have been separated from the solid waste stream prior to disposal for the purpose of returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace, and that are not put in a landfill.

"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. "Recycling" does not include transformation as defined in Public Resources Code Section 40201 regarding "transformation" or biological transformation.

"Recycling facilities" means those facilities or operations that receive, process, and transfer to market recyclable materials that have been source separated from the solid waste stream.

"Removal" means the act of taking solid wastes or recyclable materials from the place of generation.

"Residential dwelling unit" means an individual living unit in a single-family dwelling, condominium, townhouse, mobile home, duplex (two units), triplex (three units), fourplex (four units) or building of four or less total individual living units intended for, or capable of being utilized for, residential living other than a hotel or motel.

"Residential solid waste" means all solid waste, as defined in this chapter, that is generated by and at a residential dwelling unit.

"Rubbish" means nonputrescible solid wastes such as ashes, paper, cardboard, tin cans, yard waste, wood, glass, bedding, crockery, plastics, rubber by-products and litter.

"Solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semi-solid wastes. "Solid waste" does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section25800) of Division 20 of the Health and Safety Code, or medical waste. "Solid waste" does not include recyclable materials set out for separate collection for the purposes of recycling, and that are not put in a landfill.

"Source separate" or "source separated" means the process of removing recyclable materials from solid waste for the purpose of recycling.

"Treated medical waste" means medical waste as defined in subsection (a) of Health and Safety Code Section 25123.5.

(Ord. 2014-05 § 1)

• A. The City Council may and is hereby empowered to grant to a qualified applicant an exclusive or a nonexclusive franchise to engage in the business of collecting, transporting or disposing of commercial solid waste and designated recyclable materials kept, accumulated or generated in the City, or to delegate the authority, by resolution, to the City Manager to grant the franchise.

• B. The City Council may and is hereby empowered to grant to a qualified applicant an exclusive or a nonexclusive residential franchise to engage in the business of collecting, transporting or disposing of residential solid waste and recyclable materials kept, accumulated or generated in the City, or to delegate the authority, by resolution, to the City Manager to grant the franchise.

• C. The City Council may grant a commercial franchise or a residential franchise to an applicant based on compliance with this chapter. Any grant of a commercial franchise or a residential franchise by the City Council may be subject to such terms, conditions, rules, regulations, restrictions, and limitations as the City Council deems necessary to protect the public health, safety, or welfare.

• D. The City Council hereby empowers and grants to the City Manager the authority to administer and negotiate nonsubstantive changes to commercial franchise and residential franchise agreements. The City Council may delegate authority by resolution to the City Manager to administer, negotiate and execute franchise agreements.

• (Ord. 2014-05 § 1)

• A. All commercial franchises and residential franchises shall be subject to the terms and conditions specified in this chapter, in the franchise agreement and in all other applicable Federal, State and local laws and regulations.

• B. In granting any commercial or residential franchise, the City Council may prescribe such other additional terms and conditions, not in conflict with this chapter, as in the judgment of the City Council are in the public interest.

• C. Each franchisee shall provide residential or commercial solid waste collection, removal, recycling, and transportation services consistent with the provisions of this chapter, the terms and conditions of the franchise issued to the franchisee, and any applicable Federal, State, or local statute, ordinance, rule or regulation.

• D. Each franchisee shall provide services without undue interruptions caused by mechanical failures or other inadequacies of equipment and shall utilize equipment in quantities and of an age and quality adequate for the provisions of reliable service and to provide preventive and repair maintenance of such equipment sufficient to ensure reliability.

• (Ord. 2014-05 § 1)

• A. All applications for commercial or residential franchises pursuant to this chapter shall be in writing and shall be filed with the City Manager.

• B. Each application for a commercial or residential franchise from a company that has never held a commercial or residential franchise in the City shall be submitted by the applicant on a form provided by the City Manager. The application shall include all attachments required by the City Manager. At a minimum, the application shall contain the following information:

  1. Identification.

     • a. The name and address of the applicant.

     • b. Business address and telephone number of the applicant.

     • c. Address where all vehicles and operating equipment used within the City will be kept.

     • d. If the applicant is a partnership, the applicant shall include the name and address of each partner, general, limited or otherwise, owning more than 10% ownership in the partnership and their percentage of ownership.

     • e. If the applicant is a corporation, the application shall state the names and addresses of the corporation's directors, date and place of incorporation, main offices, major stockholders and associates, and the names and addresses of the parent and subsidiary companies.

  • f. If the applicant is an affiliate or a franchised operation of another corporation, the applicant shall list the names and addresses of the parent or subsidiary companies, together with a description of their business interests and/or ownership.

  • g. If the applicant is a joint venture or other combination of persons and corporations, identify separately the names and addresses of each member of the joint venture or combined effort, together with their percentage interest.

2. Business Operations. The names of the executive, operational and financial managers to be used in connection with the solid waste collection services, together with documentation that such persons and the applicant have sufficient experience in solid waste handling to perform solid waste collection services in the City.

   • a. Attestation that books and accounts of all revenue and income arising out of the applicant's operations will be kept in a manner that conforms to generally accepted accounting principles.

   • b. A statement that the applicant shall obtain insurance prior to commencing business subject to the franchise agreement.

   • c. A statement that the applicant shall maintain and report on a timely basis all operational information and data elements reasonably required by the City to comply with its reporting requirements such as those established under the California Integrated Waste Management Act, as amended (AB 939), and as defined in the franchise agreement.

• d. A complete listing and explanation of any civil or criminal rulings or judgments in excess of $5,000, or criminal convictions against applicant, any of applicant's partners, major stockholders, corporate directors or parent or subsidiary companies, occurring within the last five years. Applicants that are subject to the periodic reporting requirements of Section 13(a) of the Securities Exchange Act may, in lieu of the information required by this subsection, submit the information reported pursuant to 17 CFR 229.103 (Legal proceedings) and 229.403 (Security ownership of certain beneficial owners and management) on the most recent form 10-K filed by the applicant with the Securities and Exchange Commission.

3. Facilities and Equipment.

   • a. A description of all vehicles and equipment that the applicant owns, has control of, or intends to acquire for the collection, transportation, or disposal of commercial waste in the City and which are subject to the provisions of the franchise agreement. A statement as to whether said vehicles and equipment are self-unloading and equipped with audible automatic back-up warning devices. The minimum vehicle description for existing vehicles shall include Vehicle Identification Number (VIN) and license plate number.

   • b. Evidence demonstrating that the applicant owns or will have access to suitable facilities for keeping vehicles and equipment clean and in good repair, and that the applicant owns or will have access to reasonable office and billing facilities.

     • c. Evidence demonstrating that the applicant owns or will have the legally enforceable right to use at least two collection vehicles, the bodies of which are closed, leak-resistant, and constructed for the purpose of solid waste collection, transportation, and disposal. In the alternative, for the purposes of this provision, an applicant may demonstrate by the evidence that they service and transport open-top roll-off boxes for the collection, transportation, and disposal of nonputrescible waste and/or roll-off compaction boxes which are closed, leakresistant, and are constructed for the purpose of solid waste collection, transportation, and disposal.

     • d. Evidence and or statements that the applicant has adequate arrangements with a legal landfill for all disposal required pursuant to collection in the City.

   4. Financial Resources. Applicant shall provide proof satisfactory to the City Manager that the applicant has adequate financial resources to conduct commercial solid waste collection services.

   5. Diversion Plans. Each franchisee shall submit a diversion plan with its franchise application. The diversion plan shall provide a detailed description of how the franchisee intends to divert recyclable materials from commercial solid waste in order to assist the City in meeting its California Integrated Waste Management Act (AB 939) reporting requirements.

   6. Other.

• a. Any other evidence that demonstrates that the applicant is able to render collection and subsequent transportation and/or disposal services in accordance with applicable Federal, State and local statutes.

  • b. A statement whether the applicant is applying for an exclusive or a nonexclusive franchise.

  • c. Such additional information as may be reasonably requested by the City Manager.

  • d. During the application or proposal period and during the full term of any franchise, all information contained in the franchise application shall be kept up to date by the applicant who shall file a new verified statement within 48 hours of any change indicating in detail the nature of any change in the information.

• C. Each application for a commercial or residential franchise from a company holding a valid, current commercial or residential franchise with the City which is set to expire shall be submitted by the applicant on a form provided by the City Manager. The application shall include all attachments required by the City Manager.

• D. The application shall be signed by the person applying for the commercial or residential solid waste and recyclables collection franchise or, in the case of a partnership or corporation, by a person authorized to bind the partnership or corporation.

• (Ord. 2014-05 § 1)

• A. The City Council may award franchises for the collection of commercial and residential solid waste within the City to applicants meeting all of the qualifications of this chapter.

• B. Applicants may submit their completed application for a commercial or residential franchise to the City Manager for review and consideration at any time. The City Manager shall review such submittals and either make a recommendation to the City Council to award such franchise or notify applicant of denial within 60 days of receiving a completed application.

• C. The City Manager shall take into consideration all components of the completed application, including, but not limited to:

  1. The ability of the applicant to meet all terms of the agreement;

  2. Any history of civil or criminal convictions that may compromise the public's interests; and

  3. The completeness, accuracy, and validity of the application.

The City Manager shall also have the authority to verify independently any and all statements made and implied in the application. The City Manager may also request clarification from applicant of any or all elements of the submitted application.

• D. After the 60 day review period, the City Manager shall either:

  1. Deny an award and notify the applicant in writing of the reasons why the award was denied; or

  2. Recommend to the City Council that a franchise be awarded.

• E. Upon concurrence with a positive recommendation, the City Council may award the franchise or delegate authority to the City Manager to award the franchise within a reasonable period of time.

• (Ord. 2014-05 § 1)

• A. Within 30 days of written notification of award denial or within 60 days of the City Manager's failure to act on the commercial or residential franchise application, the applicant has the right to meet with the City Manager to review the items cited in the written notice and provide any additional evidence to support an award. Within 15 days of such meeting, the City Manager will make a final, written determination of the application, based on the reviews of additional evidence, together with the original application. City Manager will send a copy of all final, written determinations, including reasons for denial, if any, to both applicant and the City Council.

• B. Applicant may, within 10 days after receiving the City Manager's final denial, request a hearing before the City Council by submitting to the City Clerk a written petition for an appeal hearing. If an appeal hearing is requested, the City Clerk shall set the matter for hearing at the next regularly scheduled City Council meeting or any later date as agreed upon by the applicant and City Clerk. At such hearing, applicant may present evidence in writing and through testimony of its employees and others relevant to the application. During such appeal hearing, the City Council may demand from the applicant such additional information as the City Council may deem relevant and necessary. Standard rules of evidence shall not be in effect at such appeal hearing, and the applicant shall have the burden of proof to show facts demonstrating that the applicant does in fact meet the requirements of this chapter. Any hearing may be continued or adjourned to a stated time and place without the giving of further notice. The City Council shall provide applicant with a written explanation of its determination on the application within 30 days of such hearing. The City Council's decision shall be final.

• C. If the term of an applicant's existing franchise expires while the application is under City review the City Council or the City Manager may administratively extend the term for such period of time as is required to complete the appeal process.

• (Ord. 2014-05 § 1)

A commercial or residential franchise shall become effective only once the City Council has approved such franchise via ordinance or resolution, or designated the authority to do so; the applicant and the City have signed a written franchise agreement; and upon applicant's satisfying all of the requirements and conditions set forth in both this chapter and the franchise agreement. (Ord. 2014-05 § 1)

• A. Each person engaging in the business of collecting, transporting or disposing of commercial or residential solid waste and recyclables kept, accumulated or generated in the City shall pay a franchise fee to the City The City Council shall set the franchise fee by resolution, or shall delegate the authority to set the franchise fee to the City Manager. The franchise fee shall be detailed in the franchise agreement.

• B. The payment of franchise fees to the City pursuant to this section shall be in addition to any license fee or business tax prescribed by any local jurisdictions, including the City, for the same period.

• C. Commercial and residential solid waste franchise fees shall be payable on all gross collection revenues by a franchisee from its commercial or residential solid waste collection customers located within the City. The franchise fee shall be calculated based on gross collection revenues prior to franchisee imposing the franchise fee on its customers. Franchisees shall also pay franchise fees on revenues received from local, Federal and State government entities within the City.

• (Ord. 2014-05 § 1)

The City or a franchisee may collect fees from customers for solid waste collection services established pursuant to this chapter, and such terms shall be established in the franchise agreement. The City may collect delinquent fees, or may grant such authority to a franchisee, which includes the ability to collect such fees by way of special assessment on the parcel and a lien on the property via the tax roll, pursuant to Government Code Sections 38790.l and 25831, following proper notice and a hearing.

(Ord. 2014-05 § 1)

Franchisees shall supply customers with water-tight containers for solid waste and suitable containers for recyclable materials. The containers shall have tightly fitted covers and shall not leak or permit the escape of odors. Containers shall be clearly identified with the name of the franchisee.

(Ord. 2014-05 § 1)

The following restrictions shall be applicable to franchisees:

• A. No franchisee, by contract, express understanding or indirectly, shall, in cooperation with another franchisee, divide, segregate or apportion any territory within the City for the purpose of restricting competition within a particular territory.

• B. No franchisee shall, directly or indirectly, enter into any contract, express understanding or other transaction with another franchisee for the purpose of fixing customer rates or charges or otherwise maintaining rates or charges at a particular level.

• C. No franchisee or any director, officer, partner, joint venturer, sole proprietor or corporate owner thereof shall be a controlling shareholder of, be a partner, joint venturer or sole proprietor, owner, have any other interest in or be employed by another franchisee. No franchisee which is owned in whole or in part by a corporation shall be effectively controlled by a person or entity by virtue of that person or entity's ownership of shares in the corporation, if the same person or entity otherwise controls another franchisee. The sole remedy for violation of the provisions of this subsection shall be revocation or refusal to renew a franchise.

• D. Each franchisee shall provide to the City Manager such information as the City Manager determines is reasonably necessary to facilitate effective administration of the franchise under the provisions of this chapter.

• (Ord. 2014-05 § 1)

• A. Commercial franchisees shall not be required to divert treated medical waste.

• B. No treated medical waste from commercial or residential solid waste generators shall be delivered by a franchisee to a materials recovery facility for the purpose of recycling.

• (Ord. 2014-05 § 1)

Except as otherwise expressly provided, the provisions of this chapter shall be administered and enforced within the City by the City Manager or other staff and enforcement officials designated by the City Manager.

(Ord. 2014-05 § 1)

Any operation or activity contrary to the provisions of this chapter or a franchise agreement, including the terms and conditions of any franchise, is unlawful and shall constitute a public nuisance. The City Manager is authorized to commence actions or proceedings in the name of the City to abate and enjoin any such operation or activity. (Ord. 2014-05 § 1)

It is unlawful for any franchisee to dump any solid waste upon, or permit the same to fall upon, any property, road or highway other than the areas designated by this chapter for the disposal or dumping of solid waste.

(Ord. 2014-05 § 1)

All trucks and containers used in the collection, removal, transportation or storage of commercial solid waste in the City may be subject to inspection by the City Engineer or City Manager for the purpose of determining whether or not the trucks and containers comply with California Code of Regulations, Title 14, Sections 17341 through 17345, this chapter, and the franchise agreement. (Ord. 2014-05 § 1)

In addition to all other rights reserved to the City under this chapter, the following shall apply:

• A. There is hereby reserved to the City every right and power, and the exercise thereof, which is reserved or authorized by any provision of any lawful ordinance or resolution of the City, whether enacted before or after the effective date of the ordinance codified in this chapter.

• B. Neither the granting of any franchise nor any provision of any franchise shall constitute a waiver of or a bar to the exercise of any governmental right or power of the City.

• (Ord. 2014-05 § 1)

All enforcement remedies set forth in Title 20 of this Code shall be applicable to this chapter. (Ord. 2014-05 § 1)

CHAPTER 8.27 EDIBLE FOOD RECOVERY