Richmond Municipal Code Ch. 9.19 Franchises for Solid Waste Transfer/Processing Facilities

(a) Authority. This chapter shall be entitled "Franchises for Solid Waste Transfer/Processing Facilities," and is enacted pursuant to the authority granted by the City's Charter, Public Resources Code Section 40059 and other applicable state and federal laws and regulations.

(b) Other Laws and Regulations. Compliance with this chapter does not waive or excuse compliance with all other applicable provisions of this Municipal Code, City ordinances, and state or federal laws and regulations.

As used in this chapter, the following words shall have the meanings set forth in this chapter:

Solid Waste. "Solid waste" shall have the same meaning as is set forth in Section 9.20.010 of this code.

Solid Waste Facility. "Solid waste facility" means a solid waste transfer/processing station.

Solid Waste Transfer/Processing Station. "Solid waste transfer/processing station" means a facility utilized to receive solid wastes, to temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport. "Solid waste transport/processing station" does not include any of the following:

(1) A facility, whose principal function is to receive, store, separate, convert, or otherwise process in accordance with state minimum standards, manure;

(2) A facility, whose principal function is to receive, store, convert, or otherwise process recyclable materials and solid wastes which have already been separated for reuse and are not intended for disposal;

(3) The operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business in accordance with land use approvals and health regulations.

(a) Requirement. No person, partnership, firm, corporation or public entity shall establish, operate or carry on the business of a solid waste transfer/processing facility in the City unless the City, by and through the action of the City Council and at the City's sole option, either: (1) grants an exclusive or nonexclusive franchise for operation of the facility; or (2) the City Council has entered into a franchise agreement with such partnership, firm, corporation or public entity to establish, operate or carry on the business of a solid waste transfer/processing facility.

(b) Contents of Franchise Agreement. A franchise agreement approved pursuant to this chapter shall, among other things, contain rules and regulations for the protection of the public health, safety and welfare.

(c) Franchise Fees. Except as provided under subsection (d) of this section, any franchise fees assessed by the City resulting from the City's grant of a franchise or entering into a binding franchise agreement pursuant to this chapter shall be the sole and only fees and charges that may be assessed by the City regarding the solid waste transfer/processing facility. Except as specifically provided under subsection (d) of this section, no other fees or charges or excises of any kind shall be assessed or levied, including without limitation any host fees or mitigation fees, however derived.

(d) Host Community Mitigation Fee. The City and the County of Contra Costa may jointly impose a host community mitigation fee (mitigation fee) to mitigate the general impacts of the existence and operation of a solid waste transfer/processing facility and its related activities for impacts in the area(s) affected by the existence and operation of such a facility. This mitigation fee shall be jointly administered by the City and the County pursuant to a written memorandum of understanding between the City and the County.

(a) Solid Waste Transfer/Processing Facility. The provisions of this chapter shall not apply to any solid waste transfer/processing facility currently operating under a land use permit issued by the City prior to the effective date of the ordinance codified in this chapter, or to any interim solid waste transfer/processing station which may be approved for use after the effective date of the ordinance codified in this chapter, for a period not to exceed two (2) years. The exception provided by this section shall cease upon the City's authorization and approval of a franchise agreement for a permanent solid waste transfer/processing facility pursuant to this chapter.

(b) Existing Solid Waste Facility. The provisions of this chapter shall not apply to any solid waste disposal facility or any resource recovery and processing facilities currently operating under a land use permit issued by the City prior to the effective date of the ordinance codified in this chapter. This includes any later amendments or modifications of a land use permit issued prior to the effective date of the ordinance codified in this chapter.

(a) Responsibility for Enforcement. Primary responsibility for enforcement of this chapter shall be with the City Manager or his or her designee.

(b) Penalties. Any person, firm, partnership, corporation or public entity which knowingly violates the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished pursuant to the provisions of Section 1.04.110 of the Richmond Municipal Code.

(c) Injunctive Relief—Civil Penalty for Code Violations.

(1) In addition to all other remedies and penalties available pursuant to this chapter, under other sections of this Code or under other laws, any violation of this Code or any ordinance of the City of Richmond may be enforced by injunctive relief issued by the Superior Court upon a suit brought by the City. In any such action, civil penalties may also be sought by the City, as specified in subsection (2) of this section.

(2) Any person, firm, partnership or entity who violates or fails to comply with the requirements of this chapter for a franchise or contract is liable for a civil penalty not to exceed one thousand dollars ($1,000) per day, or portion thereof, that such violation or failure to comply occurs.

(3) The City Attorney is authorized to bring a civil action in any court of competent jurisdiction to seek injunctive relief and recover the civil penalties authorized by this section.

(Source: Ordinance No. 7-04 N.S.)