San Diego County Municipal Code Art. V Non-Exclusive Agreement Conditions

*Note--Article V, TRANSPORTER PERMITS, including §§ 68.540, 68.541, 68.542 and 68.543, repealed by Ord. No. 9269 (N.S.), effective 12-15-00; subsequent Articles VI - X renumbered as V - IX.

A collector operating under a NEFA shall comply with the following conditions:

(a) A collector shall produce all vehicles or other equipment used to collect or transport discarded materials for inspection at a time and place the Director designates.

(b) A collector shall obtain and keep in effect the insurance coverage and limits required by its NEFA. A collector shall file with the Director a copy of each insurance policy or certificate of insurance evidencing a policy prior to the Director approving a NEFA. Each policy shall contain provisions naming the County of San Diego as an additional insured and require that the insurance carrier give the Director notice of cancellation in accordance with the insurance policy provisions.

(c) The Director may suspend or revoke a NEFA when the Director determines the collector has violated any provision of the NEFA, this chapter, any State or federal law, or any rule or regulation promulgated by the Board, State, or federal agency with oversight responsibility, or the Director relating to the collection or transportation of discarded materials.

(d) If the Director determines that a collector's conduct warrants suspension or revocation of a NEFA, as provided in subsection (c) above, the Director shall serve a written notice on the collector personally, or by certified or registered mail at the last address provided by the collector. When the Director serves notice by certified or registered mail, the notice shall be deemed received on the date the United States Postal Service first attempts to deliver the notice at the last address provided by the collector as shown on the collector's most-recently executed NEFA, whether or not the collector actually receives the notice on the attempted delivery date. The collector shall cease operations within 10 days after the collector receives the notice unless the Director has reinstated the agreement or the collector has requested a hearing before the County Appellate Hearing Board. In the case of an appeal, the collector may continue to operate until the County Appellate Hearing Board renders a decision. The County Appellate Hearing Board shall mean and refer to the appellate hearing board or body specified by Section 16.101 et seq. of the County Code.

(e) A request for a hearing to contest the suspension or revocation of a NEFA shall be made in writing to the Clerk of the Board within ten (10) days after the collector receives the notice described in subsection (d). The hearing shall be scheduled within thirty (30) days following the appointment of the hearing officer pursuant to Section 16.103 of the County Code. Written notice of the time, date, and place of the hearing shall be given in accordance with Section 16.103 the County Code. The County Appellate Hearing Board shall render its decision within five (5) days after the close of the hearing in accordance with Section 16.106 of the County Code and its decision shall be final.

(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 9495 (N.S.), effective 9-13-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10253 (N.S.), effective 3-8-13; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) A NEFA shall be issued for an initial term of 10 years. The agreement shall be extended for an additional year on each anniversary date of the agreement, subject to the Director determining that the collector is substantially complying with the agreement, unless otherwise terminated in accordance with the NEFA. This section 68.541(a) shall not apply to NEFAs for C&D Collectors.

(b) A NEFA for C&D collectors shall be issued for an initial term of 3 years, and may be extended, at the County's option, in one or more increments of 3 years.

(c) On the anniversary date of the commencement of the NEFA, and at the request of either party, County and Collector shall meet and confer to revise the terms of the Agreement. If Collector does not agree with revised terms of the Agreement, then Collector may request a hearing before the County Appellate Hearing Board. In the case of an appeal, the Collector may continue to operate until the County Appellate Hearing Board renders a decision. The County Appellate Hearing Board shall mean and refer to the appellate hearing board or body specified by Section 16.101 et seq. of the County Code.

(d) A request for a hearing pursuant to subsection (c) above shall be made in writing to the Clerk of the Board within ten (10) days after the parties meet and confer to discuss revised terms. The hearing shall be scheduled within thirty (30) days following the appointment of the hearing officer pursuant to Section 16.103 of the County Code. Written notice of the time, date, and place of the hearing shall be given in accordance with Section 16.103 of the County Code. The County Appellate Hearing Board shall render its decision within five (5) days after the close of the hearing in accordance with Section 16.106 of the County Code and its decision shall be final.

(Added by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 9495 (N.S.), effective 9-13-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) A collector granted a NEFA pursuant to this chapter shall pay a solid waste management agreement fee to the County during the term of the agreement. The fee shall be assessed from the date on which the NEFA becomes effective or the effective date identified in the resolution establishing the solid waste management agreement fee, whichever is later. The NEFA fee shall be in the amounts and in the manner provided by the Board by resolution. The Board may modify the fee at any time during the term of the NEFA. Fees the County collects pursuant to this section shall be expended by the County for solid waste, recyclable materials, organic waste, construction and demolition debris services and activities in the unincorporated area of the County only and shall not be used by the County for County- wide services or activities. Any fees due by a collector to the County pursuant to this section shall be in addition to any license fee or business tax prescribed by the County for the same period.

(b) The County may bring an action against a collector in any court of competent jurisdiction for a collector's failure to pay the solid waste management agreement fees due the County under this section.

(Added by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Pursuant to PRC section 40059, the Board shall have the power to review and regulate collector's fees, rates, and charges upon a finding that collector is charging unreasonable or excessive fees, rates, or charges, and the Board of Supervisors shall have the right to specify specific customer rate structuring arrangements and/or relationships between various types of customer rates.

(Added by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) A NEFA is transferable subject to the assignment conditions in the NEFA and subject to approval by the Director, which approval shall not be unreasonably withheld.

(b) Whenever there is a change in ownership of any collector, who has entered in a NEFA, that exceeds 10 percent of the stock of the collector, 10 percent of the collector's assets, or an increase or decrease of 10 percent or more in any partner's interest in a collector, the collector shall report the change in writing to the Director within 10 days of the change.

(Added by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 9495 (N.S.), effective 9-13-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

A collector shall indemnify, defend, and hold the County, and County's directors, officers, agents, and employees harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges, or penalties whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under this chapter or under a NEFA granted pursuant to this chapter.

(Added by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(Added by Ord. No. 9445 (N.S.), effective 4-12-02, operative 7-1-01; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10253 (N.S.), effective 3-8-13; repealed by Ord. No. 10729 (N.S.), effective 6-4-21)

(a) A collector shall provide: (1) collection service in the geographic area(s) approved in the collector's NEFA; (2) the type of collection service (single-family, multi-family/ commercial, and/or construction and demolition debris service) approved in the NEFA; and (3) collection services for the types of discarded materials approved in the NEFA.

(b) A collector may modify the geographic area(s) where the collector provides service or modify the type of collection service the collector provides, by making a written request to the Director, and such request shall be subject to approval of the Director and subject to any limitations specified in the NEFA.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10253 (N.S.), effective 3-8-13; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) A collector may refuse service to a customer who fails to pay a valid bill within 60 days of the invoice date or for a substantial refusal to comply with the requirements of this code related to the collection of discarded materials, after giving the customer a reasonable opportunity to comply.

(b) If collector exercises its right to refuse service for customer failure to pay their bill within 60 days, collector shall remove any container(s) provided by collector to such customer that are located in the public right of way and clean the area adjacent to containers if any litter has accumulated. Collector shall not charge customers for removal of containers in these circumstances.

(c) A collector may refuse to provide service to a customer where topography, geographical isolation, or inadequate access constitutes an unreasonable hardship on the collector if the Director agrees the condition constitutes an unreasonable hardship.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) All equipment and vehicles used by collectors to transport or collect discarded materials in the unincorporated area of the County shall comply with the requirements of 14 CCR sections 17341 through 17345. Each vehicle used to collect or transport discarded materials shall carry a shovel, broom, and fire extinguisher and shall be maintained in a clean condition and neatly painted. The name and telephone number of the collector shall be painted in letters at least three inches high on each side and across the back of each vehicle.

(b) All equipment and vehicles used to collect and transport discarded materials shall also be equipped with both of the following:

(1) An audible automatic back-up or other acceptable warning devices prescribed by Vehicle Code section 27000.

(2) A mechanical cover or other device that is adequate to cover and contain discarded materials within the vehicle or piece of equipment. If discarded materials fall from, drop from, or for any other reason unintentionally comes out of a vehicle or piece of equipment after discarded materials were placed in or on the vehicle or equipment, it shall be prima facie evidence that the cover was inadequate.

(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) A collector providing single-family collection service and/or multi-family/commercial collection service pursuant to a NEFA shall comply with all of the following requirements, subject to exceptions to this requirement as identified in section 68.550(a)(5):

(1) In densely-populated areas, collector shall collect solid waste, recyclable materials, and organic materials from customers that voluntarily subscribe to collector's services. Collector shall provide collection services to single-family customers once per week. Collector shall provide collection service to multi-family and commercial customers at a frequency to be agreed on by its customer provided that solid waste and organic materials are collected by collector at least once per week and recyclables materials are collected by collector at least once per week, unless every other week collection authorized by applicable law or regulations and approved by the Director.

(2) In sparsely-populated areas, collector shall collect solid waste, recyclable materials, and organic materials from customers that voluntarily subscribe to collector's services. A collector may collect solid waste from its customers at a frequency as agreed upon by the customer, but not less than once per week, unless every other week collection is authorized by applicable law or regulations and approved by the Director.

(3) In sparsely-populated areas, a collector that offers solid waste collection service is required to offer collection service for designated recyclable materials to its solid waste customers. Collector shall collect recyclable materials from its customers at a frequency as agreed upon by the customer, but not less than every other week. Collector shall provide solid waste and recyclables collection service only to customers that subscribe to this service.

(4) In sparsely-populated areas, a collector that offers solid waste collection service is required to offer collection services for designated organic materials to its multi-family and commercial customers that generate two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the state). Collector is not required to offer to collect organic materials from other customers in the sparsely-populated areas, but may provide these services at its option to customers that subscribe to this service. Collector shall collect organic materials in the sparsely-populated areas at a frequency as agreed upon by the customer, but at least weekly. Collector shall provide organic materials collection services only to customers that subscribe to this service.

(5) Collector is not required to provide a single-family, multi-family, or commercial customer with recyclable materials or organic materials collection services if the customer has secured a waiver from the County pursuant to article VII of this chapter or is exempt pursuant to section 68.570(b).

(6) A collector providing service within a specific geographic area shall provide that service to any customer who requests the service and who agrees to pay the collector's rates with the exception of the collector's right to refuse services pursuant to section 68.547.

(b) At the time a collector begins providing service to a customer and at least every six months thereafter, a collector shall notify its customers about the regulations governing disposal of recyclables, organic waste, solid waste, hazardous waste, and toxic waste. The notice shall mention regulations that have changed since the last notice. Collector shall also send a copy of each six-month notice to the Director when distributing this notice to customers. When a collector begins providing service under a NEFA, the collector shall file a copy of the notice it uses with the Director and whenever it changes the notice it shall provide the Director with a copy of the revised notice. Collector shall comply with all other noticing and public outreach requirements in accordance with the requirements of the NEFA.

(c) Collector shall collect designated C&D recyclable materials at a frequency determined by customer and collector.

(d) Collector shall transport recyclable materials, organic materials, solid waste, C&D, and other discarded materials to facilities approved in accordance with the collector's NEFA.

(e) No collector shall deliver for disposal any designated recyclable materials or any designated organic materials that are source separated by customer or generator.

(f) Collector shall perform all other services required in the NEFA.

(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) A collector shall submit reports to the Director in accordance with the requirements of the NEFA.

(b) A collector shall also provide the Director with quarterly export reports documenting discarded materials transported outside California, as required by 14 CCR sections 18808.8 and 18815.1 through 18815.13, on the reporting schedule specified in the NEFA.

(c) Collectors shall submit monthly, quarterly, semi-annual, and annual reports to the County in accordance with the requirements of the NEFA, using a form or format prescribed by the Director.

(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

The collector is required to comply with performance standards specified in the NEFA. In the event collector fails to comply with the standards, the County may, at its option, assess liquidated damages in accordance with the procedures and amounts, if any, described in the NEFA.

(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

In approving the terms of any NEFA, the Board may prescribe any additional terms, conditions, rules, regulations, restrictions, and limitations not specifically mentioned in this chapter that the Board determines are in the public interest. Approval of an agreement form by the Board shall be deemed to include a determination that each provision in the form is in the public interest.

(Added by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

The Director shall have enforcement authority for this article.

(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)