Rancho Palos Verdes Municipal Code Art. II Solid Waste Collectors

A. Franchisees shall keep separate solid waste, recyclable materials, and organic materials that have been segregated into separate containers by customers and generators.

B. Every franchisee shall offer to its customers all solid waste, recyclable material and organic waste hauling services contemplated in this chapter that are applicable to the customer and shall provide the appropriate containers.

C. Franchisees shall ensure that solid waste is delivered to a disposal site that is designed and constructed in accordance with 23 CCR 2530 et seq. Any such disposal site shall have valid and current permits from all necessary governmental agencies for it to operate as a Class III sanitary landfill and must be in full regulatory compliance.

D. Franchisees shall ensure that segregated recyclable materials are delivered to an appropriately licensed recycling facility and that segregated organic materials are delivered to an appropriately licensed organics processing facility, except that a container that contains unacceptable levels of contamination may be delivered for solid waste disposal. In this event, the franchisee shall keep records of the following: the occurrence; the date of the occurrence; and the account name, primary contact, phone number, billing address, and service address for the solid waste customer at which the container is located. Such records shall be provided to the city upon request.

E. Franchisees shall conduct their operations with the least possible obstruction and inconvenience to public traffic or disruption to the peace and quiet of the area within which collections are made. Noise emitting from any collection shall not exceed 75 decibels when measured at a distance of 25 feet.

F. Within five days of request by the city, franchisees shall provide progress reports providing the following information, at a minimum:

1. The total number of solid waste customers to whom the franchisee currently provides solid waste, recyclable materials, and organic materials collection service within the city's boundaries;

2. For each solid waste customer, the account name, identifying number, primary contact, phone number, billing address, and service address;

3. Information on the type of collection service provided, such as solid waste, recyclable materials, or organic materials services;

4. The weekly volume and type of collection service provided, including the number, type, and size of containers serviced and the days of service for each container;

5. The name and location of the solid waste or recycling facilities where materials are delivered for processing;

6. A list of accounts not in compliance with this chapter, including whether they have waivers or exemptions based on the waivers and exemptions in section 8.20.380 (Waivers and exemptions);

7. Records of containers of recyclable or organic materials that had to be disposed of with garbage because of contamination;

8. Copies of all public education and notices.

G. The franchisee shall maintain all records required by this chapter for three years.

(Ord. No. 658, § 4(8.20.180), 3-15-2022)

The prohibitions in this article shall not apply to any person or entity collecting recyclable material sold or donated to it by the person or entity that generated such recyclable material. This exclusion shall not apply if the waste generator of the recyclable material is required to pay the franchisee of the recyclable materials any monetary or non-monetary consideration relating in any way, directly or indirectly, to the collection, transportation, transfer, or processing of the recyclable material, or for the lease or use of containers.

(Ord. No. 658, § 4(8.20.190), 3-15-2022)

The city council may, by resolution or an approved collection agreement, place a limit on the rates franchisees may charge for the collection of solid waste, recyclable material or organic waste. No franchisee shall charge any rate or fee which is greater than the maximum rate permitted by the city council.

Every solid waste customer shall pay the rates for collection services rendered pursuant to this chapter. The occupant of the premises, if different from the owner, shall be primarily responsible for payment of all such fees and charges. Should the occupant fail to pay all such fees and charges so that they become delinquent, then the owner of such premises shall become responsible for the payment of all such fees and charges, including any delinquency.

(Ord. No. 658, § 4(8.20.200), 3-15-2022)

A. The city council may award an exclusive or nonexclusive collection agreement for the collection and disposal of solid waste, recyclable materials and/or organic waste from residential premises, commercial, and special event premises in the city to any franchisee.

B. No person may collect solid waste, recyclable materials and/or organic waste in the city without having first obtained a business license from the city pursuant to chapter 5.04 (Business Licenses), and any other permit required by any public agency.

(Ord. No. 658, § 4(8.20.210), 3-15-2022)

A. No person may operate any vehicle for the collection of solid waste, recyclable materials or organic waste in the city unless a tag has been affixed to the vehicle indicating that the owner of the vehicle has a valid collection agreement and valid business license, and that the license tax for such vehicle has been paid. The nature, design, and placement of such tags shall be as specified by the administrator. Tags may not be transferred from one vehicle to another without the written approval of the administrator.

B. Any franchisee's vehicle utilized for collection, transportation, or disposal in the city shall comply with the following standards:

1. Each vehicle shall be equipped with watertight bodies fitted with close-fitting metal covers and used so that no solid waste, oil, grease, or other substance will blow, fall, or leak out of the vehicle.

2. A broom and shovel shall be carried on each vehicle at all times, and any waste that spills during collection shall be immediately cleaned up.

3. Each vehicle shall comply with all applicable statutes, laws, or ordinances of any applicable public agency regulations.

4. Each vehicle must be under ten years of age unless otherwise specifically authorized in writing by the administrator. The city may adjust this requirement downward in its collection agreements with franchisees.

5. Routine motor carrier inspections by the California Highway Patrol will be required annually on each vehicle, and certificates of proof of inspection shall be filed with the administrator. Vehicles must be determined to be in compliance with applicable motor carrier safety-related statutes and regulations. Brakes shall be inspected quarterly and proof of inspection shall be filed with the administrator.

6. All vehicles shall at all times be kept clean and sanitary, in good repair, and well and uniformly painted to the satisfaction of the administrator.

7. The franchisee's name and its telephone number shall be printed in legible letters not less than five inches in height on both sides and rear of all the franchisee's vehicles used in the city.

8. All vehicles must meet AQMD air quality standards or operate on alternative low emissions fuel.

C. Franchisees must immediately notify the city in the event of any spill of hydraulic fluid on city streets.

D. Franchisees must immediately notify law enforcement in the event of any traffic accident.

E. Violations. In addition to the penalty provisions provided for in section 8.20.460 (Violations; penalty), should the administrator give notification at any time to a franchisee that any of such franchisee's vehicles is not in compliance with the standards of this chapter, such vehicle shall forthwith be removed from service by the franchisee and the permit tag removed. The vehicle shall not again be utilized in the city nor shall the permit tag be replaced until the vehicle has been inspected and approved by the administrator. The franchisee shall maintain its regular collection schedule regardless of such action.

(Ord. No. 658, § 4(8.20.220), 3-15-2022)

Any city-authorized franchisee shall indemnify, defend and hold harmless the city, and obtain insurance as specified in their collection agreement.

(Ord. No. 658, § 4(8.20.230), 3-15-2022)

Any city-authorized franchisee shall obtain workers' compensation insurance as specified in their collection agreement.

(Ord. No. 658, § 4(8.20.240), 3-15-2022)

Any city-authorized franchisee shall comply with the terms of this chapter, and all such other requirements as specified in their collection agreement, which collection agreement requirements may be more specific than the terms of this chapter.

(Ord. No. 658, § 4(8.20.250), 3-15-2022)

The franchisee shall maintain an office at some fixed location and shall maintain a telephone at the office. Franchisees shall at all times during the hours between 8:00 a.m. and 5:00 p.m. of each weekday, and between 9:00 a.m. and 12:00 noon on Saturday (if collecting solid waste in the city on that day) have some person at the office to answer inquiries and receive complaints. The telephone number shall be a toll-free number. The franchisee shall provide to the administrator an emergency telephone number that can be reached 24 hours a day.

The franchisee shall maintain at its office a written log of all complaints received. The log shall contain the date of complaint, the complainant's name, address, and telephone number, the nature of the complaint, the action taken or the reason for nonaction, and the date such action was taken. All inquiries and complaints shall be promptly answered and dealt with to the satisfaction of the administrator. The log of complaints and other records pertaining to solid waste, recyclable material or organic waste collection and disposal shall be open to inspection by the city at all reasonable times. Franchisees shall maintain the complaint log for at least three years.

(Ord. No. 658, § 4(8.20.260), 3-15-2022)

Each franchisee shall collect and dispose of all solid waste, recyclable materials and/or organic waste placed for collection in compliance with this chapter from each solid waste customer premises at least once during each calendar week, and not more than six days shall elapse between one collection and the next unless the regular day of collection falls on a holiday. Routes of collection shall be so arranged that collection from any premises will be made on the same day of each week. Each franchisee shall possess a sufficient number of vehicles, including spares, to maintain the collection schedule at all times. Franchisees shall optimize their routes so as to reduce wear and tear on city streets.

A. When the collection day falls on January 1, Memorial Day, July Fourth, Labor Day, Thanksgiving Day or December 25, the residential franchisee shall elect one of the following options:

1. Collect on the holiday;

2. Collect one day prior to or one day after the holiday, provided that regular collection can be maintained on the regularly scheduled days the remainder of the week.

B. No collection or delivery/removal of containers shall be made between the hours of 6:00 p.m. and 7:00 a.m. Monday through Friday, or between the hours of 6:00 p.m. and 8:00 a.m. on Saturday, or at any time on Sunday.

C. The city shall have the right to approve in advance any variances from the hours of collection.

(Ord. No. 658, § 4(8.20.270), 3-15-2022)

A. Every franchisee shall attempt to improve its methods of collection, storage, handling, processing, and disposal of solid waste, recyclable materials and/or organic waste in order to maximize diversion of wastes deposited in landfills.

B. All solid waste, recyclable materials and/or organic waste placed for collection at any customer premises or at any location designated by the city for the collection of solid waste shall be and become the property of the city or its franchisees.

(Ord. No. 658, § 4(8.20.280), 3-15-2022)