San Diego County Municipal Code Art. VI Certified Recyclable Materials Collectors (crmc)

A person may apply to the Director to become a certified recyclable materials collector (CRMC) to receive certification to remove or transport recyclable materials, green materials (excluding wood waste), food waste, and pallets subject to conditions of this article VI. The certification will be valid for a period of two (2) years after the date it is issued by the Director. The expiration date of the certificate will be automatically extended for two (2) additional years after the expiration date of the certificate, unless the Director determines that the CRMC is not substantially complying with the CRMC requirements of this chapter, or unless the Director provides sixty (60) days' notice to the CRMC of its intent not to extend the expiration date of the certificate.

(a) A certificate may not be transferred, sold, leased, or assigned, in whole or in part, to another person without the prior written approval of the Director. Approval may be obtained by filing an application with the Director on a form prescribed by the Director. The Director shall maintain a current list of CRMCs on the Department of Public Works' website.

(b) A CRMC shall comply with the following limitations related to the collection of recyclable materials and organic materials:

(1) The amount of recyclable materials and organic materials collected within the unincorporated area of the County by a CRMC may not exceed 1,000 tons per year with the exception that the weight of pallets shall be excluded from the 1,000 ton-per-year limit and are not subject to any annual tonnage limit. For the purposes of this subsection, the annual tonnage of recyclable materials and organic materials collected in the County by the CRMC, its parent company, and all affiliates shall be combined.

(2) Organic materials collected by the CRMC shall be limited to green materials (excluding wood waste), food waste, and pallets for the purposes of this article VI.

(3) The recyclable materials and organic materials collected shall not contain greater than ten percent (10%) by volume of solid waste (assessed separately for each material type).

(4) The CRMC shall achieve an annual ninety percent (90%) diversion rate of the recyclable materials and organic materials collected. The CRMC shall certify their diversion rate in their annual reporting under section 68.565.

(c) A CRMC shall indemnify 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 CRMC certificate granted pursuant to this chapter.

(d) A CRMC shall obtain and keep in effect the insurance coverage and limits required by its CRMC certificate and if not specified in the certificate in such form and amount as may be required by County Risk Management. A CRMC shall file with the Director a copy of each insurance policy or certificate of insurance evidencing a policy prior to the Director approving a CRMC. 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.

(e) A CRMC shall conduct all activities in compliance with all applicable federal, State, and local laws, regulations, ordinances, and requirements and shall be responsible for obtaining all applicable permits, licenses, certifications, and registrations.

(f) The general conditions specified in section 68.540 for NEFA collectors are applicable for CRMCs.

(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) Acceptable facilities.

(1) A CRMC shall deliver recyclable materials collected in the unincorporated County to a recycling facility for the purpose of recycling the materials.

(2) A CRMC shall deliver green materials and food waste collected in the unincorporated County to a facility or operation or for location for a use identified in 14 CCR section 18983.1(b), which includes, but is not limited to the following: (i) a recycling center (such as a chip and grind facility) pursuant to 14 CCR section 17402.5(d) or 14 CCR section 17402.5(c); (ii) a compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), small composting activities that would otherwise be excluded from the compost material handling operation or facility definition pursuant to 14 CCR section 17855(a)(4), or a community composting facility; (iii) in-vessel digestion operation or facility as listed in 14 CCR section 17896.5 or activities that would otherwise not be subject to the in-vessel digestion requirements pursuant to 14 section 17896.6; (iv) biomass conversion operation or facility as defined in section 40106 of the PRC; (v) used as a soil amendment for erosion control, revegetation, slope stabilization, or landscaping at a landfill in compliance with 14 CCR section 18983.1(b); (vi) used in land applications in compliance with 14 CCR section 18983.1(b); (vii) lawful use as animal feed in compliance with 14 CCR section 18983.1(b); or, (viii) other operations or facilities approved by the State in accordance with 14 CCR section 18983.1(c). Notwithstanding the foregoing, the allowable facilities, operations, and uses of green materials and food waste shall be defined as in 14 CCR section 18983.1(b).

(3) A CRMC shall deliver pallets to a facility for the purpose of reuse and salvage or to a facility processing that recovers source separated organic waste.

(4) Recyclable materials and organic materials collected by the CRMC in the unincorporated area of the County shall not be delivered to a landfill for disposal or other sites for disposal and shall not be used as alternative daily cover or alternative intermediate cover as defined in 27 CCR section 20690 and 20700, respectively.

(b) Equipment and vehicles. All vehicles and equipment shall comply with the requirements of 14 CCR sections 17341 through 17345 and shall be kept in a clean and well-maintained condition.

(c) Containers. A CRMC shall comply with container storage requirements of section 68.521. All CRMC-provided containers shall be clearly identified as recyclable materials or organic materials containers, shall display the name and phone number of the CRMC to whom the container belongs. A CRMC shall place a label or provide imprinted text or graphic images on each new container indicating the primary materials accepted and the primary materials that are prohibited container contaminants in that container, or as otherwise required by 14 CCR section 18984.8. CRMC shall achieve compliance with the container labeling requirements in accordance with the following timeline: fifty percent (50%) of all containers by December 31, 2021 and one hundred percent (100%) of all containers by June 30, 2022. Container colors shall comply with CRMC certificate requirements.

(d) Customer education. For customers in the densely-populated areas, CRMC shall provide educational information to its customers in accordance with CRMC certificate requirements.

(e) Contamination monitoring. In the densely-populated areas, CRMC shall conduct contamination monitoring of its customers' containers to identify prohibited container contaminants in accordance with CRMC certificate requirements.

(f) Rates for service. A CRMC shall provide services at no cost to its customers or shall charge its customers for service at rates it determines.

(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8060 (N.S.), effective 5-28-92; 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 person applying for certification as a CRMC with the County shall file an application on the form provided by the Director. As part of the application process the applicant shall submit to a background investigation conducted by the Sheriff's department. The Director shall review the completed application and may request other County departments as the Director deems necessary to review and comment on the application. The application shall not be considered complete until the applicant provides all information required by this chapter or which the Director requests.

(b) All CRMC applications shall include:

(1) The applicant's name, mailing address, email address, and phone number.

(2) Name, mailing address, email address, and telephone number of an individual contact for the applicant.

(3) If the applicant is not an individual, the name and address of each partner, owner, officer, and trustee of the entity, whichever is applicable, and each person's percentage of ownership or interest. Publicly-held corporations shall supply proof of corporate entity, the names of each local officer, and each location where the corporation maintains an office in San Diego County.

(4) Identification of the type(s) of materials the CRMC is seeking approval to collect and identification of the facilities, operations, or uses CRMC proposes to use to comply with section 68.561(a).

(5) A description of each truck and piece of equipment, including the model, year, license plate number, and vehicle identification number, that the applicant owns or is under the applicant's control for the collection or transportation of recyclable materials and organic materials that the applicant will use to provide service. The applicant shall also provide with the description of the trucks and equipment, a statement under penalty of perjury as to the mechanical condition of each truck and piece of equipment and whether at the time of the application the truck or piece of equipment meets the standards required by 14 CCR sections 17341 to 17345 and this chapter.

(6) Facts demonstrating that: (A) the applicant owns or has access to suitable facilities for keeping vehicles and equipment clean and in good repair; and, (B) the applicant's storage yard and maintenance facilities will be located in an area zoned for the use.

(7) A statement of the applicant's qualifications and experience in collecting or transporting discarded materials.

(8) Acknowledgement of the applicant's agreement to defend, indemnify, and hold harmless, County and its directors, officers, agents, and employees from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to County's directors, officers, agents, or employees which arise from, or are connected with, or are caused or claimed to be caused by acts or omissions of the applicant, or its directors, officers, agents, or employees, in the performance of the recyclable materials and organic materials collection services, and all costs and expenses of investigating and defending against same; provided, however, that the applicant's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the County, its directors, officers, agents, or employees;

(9) Without limiting the indemnification obligation above, the applicant's agreement to obtain and maintain in full force and effect throughout the term of the CRMC certificate, and any extensions or modifications thereof, insurance coverage which meets or exceeds the requirements established by this chapter or the Director.

(10) Proof of the applicant's insurance that complies with the County's minimum requirements.

(11) A written statement certifying that the applicant has reviewed and will comply with the requirements of this chapter and in the CRMC certificate.

(12) Application fee payment for CRMC applicant, if an application fee is required by the Director.

(13) Any additional information the Director determines is necessary to evaluate and process the application.

(c) The County will accept applications for CRMCs on an on-going basis commencing on May 15, 2021.

(Added by Ord. No. 8060 (N.S.), effective 5-28-92; 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. 9666 (N.S.), effective 8-14-04; 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) The Director may issue a CRMC certificate to an applicant if the Director finds that the applicant meets the requirements of this chapter and that it is in the public interest to approve the application. The Director may approve the application in whole or in part.

(b) If the Director rejects an application, in whole or in part, the applicant may appeal the Director's decision to the County Appellate Hearing Board as provided in section 68.540.

(c) On appeal, the County Appellate Hearing Board may sustain the Director's decision or overrule the decision and direct the Director to issue a CRMC certificate to the applicant. The County Appellate Hearing Board may also require that the CRMC be subject to specific conditions.

(Added by Ord. No. 8060 (N.S.), effective 5-28-92; 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) The Director may suspend or revoke a CRMC certificate if a CRMC has violated the provisions in the certificate or any applicable law or regulations subject to the procedures set forth in section 68.540. In such case, CRMC has the right to request a hearing in accordance with section 68.540.

(b) If the Director determines that a CRMC's conduct warrants suspension or revocation of a CRMC certificate, as provided in subsection (a) above, the Director shall serve a written notice on the CRMC personally, or by certified or registered mail at the last address provided by the CRMC. 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 CRMC as shown on the CRMC's most-recently executed CRMC certificate, whether or not the CRMC actually receives the notice on the attempted delivery date. The CRMC shall cease operations within 10 days after the CRMC receives the notice unless the Director has reinstated the CRMC certificate or the CRMC has requested a hearing before the County Appellate Hearing Board. In the case of an appeal, the CRMC 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.

(c) A request for a hearing to contest the suspension or revocation of a CRMC certificate shall be made in writing to the Clerk of the Board within ten (10) days after the CRMC receives the notice described in subsection (b). 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. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) CRMCs shall submit an annual report by February 15 of each year, beginning February 15, 2022, to the Director, on a form or using a format prescribed by the Director. Annual reports shall include the following information for each residential and commercial premises serviced within the unincorporated areas of the county for the period of January 1 through December 31 of the immediately preceding 12-month period. At the Director's option, Director may increase the reporting frequency to require submittal of quarterly reports rather than annual reports for some or all of the information listed below.

(1) The name of the person(s) responsible for recyclable materials and/or organic materials management at the premises serviced;

(2) The name and address of the premises serviced;

(3) The volume in cubic yards or gallons, measured by the size of the applicable containers in use at the premises, of recyclable materials and organic materials (listed separately by material type) collected per week from the premises;

(4) The frequency of recyclable materials and organic materials collection service provided to the premises;

(5) The total annual amount of recyclable materials and organic materials, measured in tons and listed separately by material type, collected by CRMC;

(6) For recyclable materials, the names and addresses of the recycling facilities to which the recyclable materials collected were delivered for recycling;

(7) For green materials, and food waste, the names and addresses of the facilities, operations, or uses to which the green materials, and food waste collected were delivered for processing or use;

(8) For pallets, the names and addresses of the reuse or salvage facilities or operations to which pallets collected were delivered for the purpose of reuse or salvage, or the names and addresses of the facilities to which pallets collected were delivered for the purpose of processing;

(9) For food waste collected and delivered for composting or final processing to a site other than a processing facility or composting operation, a letter of acknowledgement from the site property owner providing their acceptance of the food waste for composting or final processing;

(10) For compostable plastics or compostable plastic bags, if accepted in the organic materials containers, annually submit written notification from the processing facility or composting operation confirming said facility has and will continue to have the capabilities to process and recover compostable plastics;

(11) For food waste, the tons of food waste delivered to each processing facility, composting operation, or site per month for each month in the reporting period, where tons shall be calculated if not readily available by converting cubic yards or gallons of food waste to tons using a density factor provided by the Director;

(12) Statement certifying the diversion rate for all materials collected by the CRMC; and,

(13) Additional information as required 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)

In approving the terms of any certificate, the Director may prescribe any additional terms, conditions, rules, regulations, restrictions, and limitations not specifically mentioned in this chapter that the Director determines are in the public interest.

(Added 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. 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)