Poway Municipal Code Art. VI Exclusions

A. The franchise granted to franchisee shall be exclusive except as to the following categories of solid waste, recyclables, yard waste and other compostables listed in this section. The granting of a franchise shall not preclude the categories of solid waste, recyclables, yard waste and other compostables listed below from being delivered to or collected or transported self-hauled by others; provided, that nothing is intended to or shall be construed to excuse any person from obtaining any authorization from the City which is otherwise required by law:

1. Manure, yard waste and other compostables removed from a premises by a manure removal, gardening, landscaping or tree trimming contractor as an incidental part of total service offered by that contractor rather than as a hauling service;

2. Household hazardous waste and hazardous waste;

3. Auto parts and bodies;

4. Medical waste (as defined in the California Waste Management Act) which shall be handled in the manner prescribed by the County Health Officer and in accordance with the California Health and Safety Code;

5. Solid waste exempted pursuant to PMC § 8.68.030(C);

6. Solid waste collected to prevent its entry into the stormwater conveyance system and the waters of the State, through contracts for services or through the use of City forces.

B. Those utilizing a service that provides self-hauling must ensure the haulers abide by the following requirements:

1. Self-haulers shall source separate all recyclable materials and organic waste (materials that City otherwise requires generators to separate for collection in the City’s organics and recycling collection program) generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

2. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

3. Self-haulers that are commercial businesses (including multifamily self-haulers) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the City. The records shall include the following information:

a. Delivery receipts and weight tickets from the entity accepting the waste;

b. The amount of material in cubic yards or tons transported by the generator to each entity;

c. If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

4. Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection (B)(3) of this section to the City, starting no later than January 1, 2022, and annually thereafter.

5. Additionally, owners of facilities, operations, and activities that receive and recover organic waste from haulers, including but not limited to compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. community composting operators, upon city request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days.

(Ord. 496 § 2, 1998; Ord. 659 § 29, 2007; Ord. 849 § 9, 2021)

The provisions of this chapter shall not preclude residential or commercial occupants or owners from disposing of recyclable materials through other recycling methods, provided that such residential or commercial occupants shall nonetheless pay the recycling service fee of franchisee. The provisions of this chapter shall not preclude or prohibit the City or any officer or employee thereof or any public entity delegated the ability to do so by the City from itself collecting, removing, disposing or diverting of solid waste, recyclables, yard waste, and other compostables in the regular course of their respective duties as such officers or employees; notwithstanding, the City shall be responsible for reporting all such diversion.

(Ord. 448 § 2, 1995)

If, at any time during the effective period of an exclusive franchise agreement, a customer of the franchisee requests from the franchisee a collection service that is not defined in the franchise agreement as a special pickup service which the franchisee cannot render within two full working days from the date of the customer’s initial request for service, the Director of Public Works reserves the right to direct such customer to seek such service from another provider who can provide such collection service pursuant to a special permit issued by the City for such collection services.

(Ord. 448 § 2, 1995; Ord. 659 § 30, 2007)

If, at any time during the effective period of an exclusive franchise agreement, a commercial customer of the franchisee requests a specialized collection and recycling service that the franchisee is not equipped or licensed to provide, or for which the franchisee has not subcontracted to provide, the Director of Public Works reserves the right to allow another provider to provide such collection service pursuant to special permit issued by the City for such collection services, until such time as the franchisee is equipped and licensed to provide such service, or until such time as the franchisee has subcontracted with a suitably licensed provider to provide such service.

(Ord. 448 § 2, 1995; Ord. 659 § 31, 2007)

In emergencies such as work stoppages, the breakdown of equipment, a natural disaster, or other unforeseen or unpreventable circumstances, or when in the judgment of the City Manager the preservation of the public health and safety justifies such action, the City Manager may issue a special permit to one or more persons other than the franchisee to perform any of the services covered by this chapter, subject to such reasonable fees, charges and conditions as the City Manager shall establish. Such fees, charges, and conditions in effect under this section for any period exceeding 15 days duration shall be approved by the City Council.

(Ord. 448 § 2, 1995)