Ridgecrest Municipal Code § 7-383 Fees

No person shall operate a trash collection service upon a public street of the city without first securing a franchise as required by this article.

(Code 1980, § 3-5.701)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Community composting means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

Trash collection franchise means the authorization granted under this article to operate a trash collection service upon the streets of the city.

Trash collection service means the collection of trash, garbage, debris and other wastes by trucks or other vehicles traveling along an assigned route.

(Code 1980, § 3-5.702; Ord. No. 22-01, § 2, 3-2-2022)

(a) Pursuant to this article, the city may grant an exclusive trash collection franchise for trash collection service within all or any portion of the city. The city may grant an exclusive franchise for solid waste handling upon a determination that the public health, safety and well-being are thereby served. The franchise shall be granted by ordinance pursuant to the process set forth in this article.

(b) When an exclusive franchise agreement for the collection of waste is in effect, no person, other than employees of the franchisee may collect, haul or transport solid waste within the city, except as set forth below.

(c) The city may regulate, by ordinance, all aspects of the refuse service, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges, fees, and nature, location, and extent of providing such services.

(d) The approved franchisee shall:

(1) Provide written notice to the city annually or on or before July 1 of each year, identify the facilities to which they will transport discarded materials, including facilities for source separated recyclable materials, source separated organic materials, and solid waste unless otherwise stated in the franchise agreement, contract, permit, or license, or other authorization with the city.

(2) Transport source separated recyclable materials to a facility that recovers those materials; and transport source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste.

(3) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting.

(4) Be authorized to collect recyclable materials, organic materials, and/or solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, entered into with city.

(e) The exclusive right of any franchisee to collect refuse, recyclable materials, or organic materials is subject to the following exclusions:

(1) Gardeners and landscapers. The collection, transportation and disposal by a gardener or landscaper of yard wastes which are generated as an incidental part of providing gardening, landscape maintenance services, provided that the gardener or landscaper is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing of the yard waste, and utilizes only his own employees and equipment to collect, transport and dispose of same.

(2) Contractors and remodelers. The collection, transportation and disposal by a construction contractor, holding a contractor's license issued by the state, of inert materials or demolition waste from remodeling or construction jobs which are generated as an incidental part of providing such remodeling or construction services, provided that the construction contractor is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing of the inert materials or demolition waste, and utilizes only his own employees and equipment to collect, transport and dispose of same.

(3) Limitations and exclusions. Any additional limitations and exclusions as set forth in the written franchise agreement.

(f) This section shall not limit the collection or hauling of waste to a landfill, transfer facility or recycle facility by a private party who is the business owner, self-hauler, home owner, residential property owner or residential tenant.

(g) No person shall interfere with the collection or disposal of solid waste, by a person authorized by license, franchise or contract to collect and dispose of same.

(h) No person other than the franchisee, or an agent or employee thereof, shall tamper or meddle with, or remove items from, a container or receptacle placed for collection of solid waste by the city or the franchisee.

(i) It shall be unlawful for any person to solicit, accept, engage or otherwise utilize solid waste handling service for paid consideration by a person not authorized to provide such service.

(j) No person other than the franchisee shall offer to handle solid waste or handle solid waste on behalf of another in exchange for compensation in any form or amount.

(Code 1980, § 3-5.703; Ord. No. 09-02, § 2; Ord. No. 11-04, § 4; Ord. No. 22-01, § 2, 3-2-2022)

Any grantee of a trash collection franchise shall pay to the city a franchise fee as set by the city.

(Code 1980, § 3-5.703; Ord. No. 95-08, § 2; Ord. No. 11-04, § 5)

(a) Owners of facilities, operations, and activities located in the city's boundaries that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon city's 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. Entities contacted by the city shall respond within 60 days.

(b) Community composting operators with operations located in the city's boundaries, upon city's 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.

(c) Owners of facilities, operations, and activities located in the city's boundaries that receive recyclable materials, organic materials, and/or solid waste shall provide to the city on a quarterly basis, copies of all reports they are required to submit to CalRecycle, including at minimum, those required by AB 901 and SB 1383.

(Ord. No. 22-01, § 2, 3-2-2022)