Richmond Municipal Code Ch. 9.21 Collection of Recyclables

(a) The purpose of this chapter is to regulate the collection of recyclables within the City of Richmond.

(b) The City Council of the City of Richmond finds that the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.) (hereinafter referred to as "AB 939") requires municipalities to accurately account for the wastes (the "waste stream") generated within their boundaries and the amount of materials diverted from said waste stream.

(c) The City Council of the City of Richmond also finds that the diversion of wastes by the collectors of recyclables is an area which needs regulation in order to accurately develop an accounting of the diversion obtained by the City of Richmond for AB 939 purposes.

(d) In an effort to account for the wastes generated within the City of Richmond and the amount of recyclables diverted from said wastes, the City of Richmond proposes to regulate the collection of recyclables within the City of Richmond, subject to the exclusive franchise agreement between the City of Richmond and Richmond Sanitary Services, Inc., by imposing a permit requirement upon those who collect said recyclables.

(Ord. No. 20-10 N.S., § 3, 6-15-2010)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section unless the context specifically indicates otherwise:

"City Manager" means the City Manager of the City of Richmond or said City Manager's designee.

"Collection" or "collecting" means and includes the collecting, gathering, accumulating or obtaining of recyclables for transport, processing or reconstitution.

"Person" shall mean and include any individual, firm, corporation, association, club, partnership, or any other organization.

"Processing" means and includes collecting, sorting, cleansing, treating, processing, or reconstituting a recyclable material so that said material may be returned to the economic system in a form of raw material for new, reused, or reconstituted products.

"Recyclables" mean those materials which are subject to being collected, sorted, cleansed, treated, processed, and reconstituted so that what would otherwise become solid waste is capable of becoming material which is returned to the economic system as a resource in a form of raw material for new, reused, or reconstituted products. Recyclables includes newspaper and magazines, paper and cardboard, tin and aluminum cans, glass, plastics recyclable in the City of Richmond, demolition and construction wastes, and green waste.

(Ord. No. 20-10 N.S., § 3, 6-15-2010)

It shall be unlawful for any person to collect any recyclables within the City of Richmond unless said person obtains a permit for the collection of recyclables from the City Manager. This permit requirement applies to both those who collect and transport recyclables and those who collect and process recyclables.

(Ord. No. 20-10 N.S., § 3, 6-15-2010)

(a) An applicant for a permit issued pursuant to this chapter, or an applicant for renewal of such a permit, shall file with the City Manager a sworn application in writing, on a form to be furnished by the City.

(b) If the applicant is in the business of collecting and transporting recyclables, the applicant shall provide all information requested by the City Manager in order for the application to be deemed complete. At a minimum, the applicant's application must indicate the following:

(1) The name, address and telephone number of the applicant;

(2) The type, kind and make of each vehicle to be used by the applicant in the collection and transportation of recyclables;

(3) Whether such vehicle is so constructed as to prevent unintended loss of contents;

(4) The type and kind of cover used for covering the vehicle's contents;

(5) Each and every destination where all or part of the contents may be left or unloaded;

(6) The method, manner and frequency of cleaning such equipment;

(7) A statement that the applicant will not attempt to assign or transfer such permit and that the applicant agrees to comply with all requirements of this chapter;

(8) The description of the materials to be transported;

(9) A detailed report which identifies the recyclables collected by the applicant in the City of Richmond for the immediately preceding year and which lists the quantities and types of recyclables collected, the origination of the recyclables and the destination of the recyclables; and

(10) A statement that, if any of the information in the application changes in any material respect, the applicant will notify the City Manager in writing of any change or changes and will file a new application if so required by the City Manager.

(c) If the applicant is in the business of collecting and processing recyclables, the applicant shall provide all information requested by the City Manager in order for the application to be deemed complete. At a minimum, the application shall include the following:

(1) The name, address and telephone number of the applicant and the facility where the processing of the recyclables will occur;

(2) The type or types of materials to be recycled;

(3) The source or sources from which such materials are to be obtained;

(4) The manner of transportation of such material from the generator to the processing facility;

(5) A statement that the applicant will not attempt to assign such permit, and that the applicant agrees to comply with all requirements of this chapter, now in force or as hereafter amended;

(6) A detailed report which identifies the recyclables collected and processed by the applicant for the immediately preceding year and which lists the quantities and types of recyclables processed, the origination of the recyclables, the destination of the recycled materials, and the disposition of any extraneous waste material that may be derived from the processing of the recyclables; and

(7) A statement that, if any of the information in the application changes in any material respect, the applicant will notify the City Manager in writing of the change or changes and will file a new application if required by the City Manager.

(d) There shall be no fee for the permit issued pursuant to this chapter.

(Ord. No. 20-10 N.S., § 3, 6-15-2010)

(a) The City Manager shall conduct an appropriate investigation of the applicant to determine whether the permit may be issued.

(b) If the applicant is in the business of collecting and transporting recyclables, the City Manager shall inspect the vehicles to be used in transporting said materials to determine if said vehicles comply with the information set forth in the application.

(c) If the applicant is in the business of collecting and processing recyclables, the City Manager shall inspect the processing facility to determine if said facility complies with the information set forth in the application.

(Ord. No. 20-10 N.S., § 3, 6-15-2010)

The City Manager shall issue a permit unless the City Manager finds any one or more of the following:

(a) The applicant has had a similar permit previously revoked or denied for good cause within the immediately preceding year;

(b) The applicant has knowingly made a false or misleading statement of a material fact or has made an omission of a material fact in the application for a permit;

(c) The applicant fails or refuses to provide clear evidence of his or her identity, or any other information required by the City Manager to complete the investigation; or

(d) The applicant fails to provide reports of recyclables collected that are required by the application and this chapter.

(Ord. No. 20-10 N.S., § 3, 6-15-2010)

All permits issued pursuant to this chapter shall be in the form prescribed by the City Manager.

(Ord. No. 20-10 N.S., § 3, 6-15-2010)

All permits issued pursuant to this chapter shall expire one year after the date of issuance; provided, however, that such permits may be renewed by the City Manager for additional periods of one year upon the permittee's submission of an application for renewal to the City Manager. Such renewal application, in completed form, must be received by the City Manager, no later than forty-five days prior to the expiration of the current permit.

(Ord. No. 20-10 N.S., § 3, 6-15-2010)

The assignment or attempt to assign any permit issued pursuant to this chapter is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void.

(Ord. No. 20-10 N.S., § 3, 6-15-2010)

A permit may be revoked for the violation of any of the requirements contained in this chapter. Any circumstances constituting grounds for denial of an application, as set forth in Section 9.21.060, shall also constitute grounds for revocation.

(Ord. No. 20-10 N.S., § 3, 6-15-2010)

(a) Any person whose application for a permit under this chapter has been denied, or whose permit has been revoked pursuant to the provisions of this chapter, shall have the right to a hearing before the City Manager, or the City Manager's designee, prior to final denial or prior to revocation.

(b) The City Manager shall give the applicant or permittee written notice of his or her decision to deny the application or to revoke the permit. The notice shall set forth the ground or grounds for the City Manager' decision to deny the application or to revoke the permit and shall inform the applicant or permittee that he or she has ten days from the date of receipt of the notice to file a written request for a hearing.

(c) Within ten days of the written notice by the City Manager of his or her decision to deny the application or revoke the permit, the applicant or permittee may appeal by submitting a request to the City Manager for a hearing before the City Manager, or the City Manager's designee. Such request must be made in writing and must set forth the specific grounds for the appeal. If the applicant or permittee files a timely hearing request, the City Manager, or the City Manager's designee, shall set a time and place for the hearing. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues, to be represented by counsel and to confront and cross-examine any witnesses against them. The decision of the City Manager, or the City Manager's designee, whether to deny the application or revoke the permit shall be in writing and shall be the final administrative decision.

(d) If no timely appeal is taken, the application may be denied or the permit revoked by decision of the City Manager and such decision shall be final. If a timely appeal request is made by a permittee, the permit shall remain in force and effect until a decision on appeal has been made by the City Manager, or the City Manager's designee.

(Ord. No. 20-10 N.S., § 3, 6-15-2010)

The provisions of this chapter shall not apply to the person or entity which generates recyclables and, subsequently, transports said materials to a processing facility or processes said materials at the site where the recyclables are generated.

(Ord. No. 20-10 N.S., § 3, 6-15-2010)

(a) Any person who violates any part of this chapter shall be guilty of a misdemeanor.

(b) In lieu of the criminal penalties set forth above, the City may petition the superior court for injunctive relief.

(c) In addition to the criminal and civil sanctions set forth above, any person who violates any part of this chapter shall be liable for the civil penalties provided by Section 1.04.150 of this Municipal Code.

(Ord. No. 20-10 N.S., § 3, 6-15-2010)

(Source: Ordinance No. 2-92 N.S.)