San Fernando Municipal Code Art. V Exclusions

No provision of this chapter shall prevent residential householders from collecting and disposing of occasional loads of solid waste generated in or on their residential premises, or from composting green waste, or from selling or disposing of recyclables generated in or on their residential premises. No residential householder, however, shall employ or engage any solid waste enterprise, other than the authorized collector, to haul or transport such materials to a transfer station or disposal site.

(Ord. No. 1536, § 3, 10-21-2002)

No provisions of this chapter shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of grass cuttings, prunings, and similar material not containing other solid waste when incidental to providing such gardening, tree trimming, or similar services.

(Ord. No. 1536, § 3, 10-21-2002)

(a) Source separated recyclables.

(1) No provision of this chapter shall prevent a commercial/industrial business owner from selling to a buyer (whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce, for a monetary or other valuable consideration), or from donating to a charitable organization, any source separated recyclables, including without limitation, any saleable scrap, discard, reject, by-product, ferrous or non-ferrous metal, worn-out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a commercial/industrial premises or business, and no longer useful to such commercial/industrial business. source separated recyclables within the meaning of this section shall mean recyclables separated on the commercial/industrial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste, and having a market value. No such materials may be transported for disposition to a disposal site or transfer station.

(2) No provision of this chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce, and which is not engaged in the business of collecting solid waste or providing solid waste collection services for a fee or other charge or consideration, from buying any materials referenced in this subsection (a) for a monetary or other valuable consideration, and removing and transporting such materials to a destination for marketing (but not for disposition in a disposal site or transfer station. No such buyer shall buy or transport such materials without prior authorization from the city, as required by this Code, whether in the form of a business license, a business permit, or a collection permit.

(b) In-house recycling programs. Nothing in this chapter shall prevent a commercial/industrial business which has its own recycling or resource recovery program for recyclables generated by such business and not utilizing a solid waste enterprise which provides collection services for a fee, service charge, or other consideration, from continuing such recycling or resource recovery program, and the recyclables included in such program are excepted from any collection agreement entered into by the city.

(c) Renovation, rebuilding, repairs. No provision of this chapter shall prevent a commercial/industrial business owner from arranging for any worn, spent, or defective equipment, or part thereof, used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such commercial/industrial business owner. Nor shall any provision of this chapter prevent any person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing such equipment or part thereof, from transporting the same from or returning it to the commercial/industrial business, or from removing, transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract.

(d) Occasional loads of solid waste. No provision of this chapter shall prevent commercial/industrial business owners from collecting and disposing of occasional loads of solid waste generated in or on their commercial/industrial premises. No commercial/industrial business owner, however, shall employ or engage any solid waste enterprise, other than the authorized collector, to haul or transport such materials to a transfer station or disposal site.

(Ord. No. 1536, § 3, 10-21-2002)

No provision of this chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or construction and demolition waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract. If a subcontractor is to be engaged to remove such construction and demolition waste, the subcontractor must be a collector.

(Ord. No. 1536, § 3, 10-21-2002)

No provision of this chapter shall prevent any person engaged in the business of destroying or disposing of secret, confidential, or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating, or other means, as a part of such document destruction or disposal service.

(Ord. No. 1536, § 3, 10-21-2002)

In addition to the authority granted by sections 70-51 and 70-53(d), nothing in this chapter shall prevent a commercial/industrial business owner or residential householder from, on a regular basis, collecting and disposing of solid waste generated in or on their premises, in lieu of availing themselves of the services of the authorized collector. No residential householder or commercial/industrial business owner shall employ or engage any solid waste enterprise, other than an authorized collector, to haul or transport such materials to a transfer station or disposal site. any residential householder or commercial/industrial business owner who, pursuant to this section seeks to on a regular basis collect and dispose of solid waste generated in or on their premises, must first obtain a self-haul permit from the city, and must comply with procedures for self-hauling to be adopted by the city council by resolution.

(Ord. No. 1536, § 3, 10-21-2002)

In all cases where the right to an exclusion pursuant to sections 70-51 through 70-56 of this chapter is exercised, disposal (to the extent permitted by the applicable exclusion) shall be made at a disposal or processing facility, which meets all applicable regulatory requirements. Disposal by a person exempted under this chapter shall not relieve such person from any obligation or liability imposed by this chapter or any other city ordinance, resolution, rule or regulation for the payment of the minimum solid waste and recyclables collection fees, if any, except as set forth in the next sentence. notwithstanding the foregoing, the following shall be exempt from the payment of the rate for standard residential collection service: (a) any person with a valid self-haul permit obtained pursuant to section 70-56 who does not use the solid waste and recyclables collection services offered by the authorized collector; and (b) any owner of vacant property who does not use the solid waste and recyclables collection services offered by the authorized collector, for the period of time the property is vacant.

(Ord. No. 1536, § 3, 10-21-2002)