Title 9

Chapter 9.08

San Jose Zoning Code · 2026-06 edition · ingested 2026-07-07 · San Jose

WASTE MATTER

Parts:

  • 1 Purpose and Definitions

  • 9 Receiving Station Use Permit

Part 1

PURPOSE AND DEFINITIONS

Sections:

  • 9.08.010 Purpose of chapter provisions. 9.08.015 Authorized recycling contractor.

  • 9.08.020 Cannery waste.

  • 9.08.030 Commercial and industrial premises.

  • 9.08.040 Composting.

  • 9.08.050 Delinquent.

  • 9.08.060 Demolition materials collector. 9.08.065 Designated recycling collection location.

  • 9.08.070 Director of neighborhood preservation.

  • 9.08.080 Dwelling. 9.08.090 Garbage. 9.08.100 Garbage collector. 9.08.110 Garbage collection service.

  • 9.08.120 Hazardous waste.

  • 9.08.125 Hauled waste.

  • 9.08.130 Multiple-unit dwelling. 9.08.140 Occupancy, occupied.

  • 9.08.150 Occupant.

  • 9.08.160 Owner.

  • 9.08.170 Premises.

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§ 9.08.010

9.08.180 Producer.

  • 9.08.185 Recyclable waste material; recycling.

  • 9.08.190 Refuse.

  • 9.08.200 Residential premises.

9.08.040 Composting.

"Composting," as used in this chapter, shall mean and include any process in which waste organic matter decomposes in a controlled environment.

(Prior code § 9.08.035; Ords. 19783, 20657.)

  • 9.08.210 Rubbish.

  • 9.08.220 Rubbish collector.

  • 9.08.230 Single-unit dwelling.

  • 9.08.240 Stable matter.

  • 9.08.250 Swill.

  • 9.08.260 Swill collector.

  • 9.08.270 Tenant.

  • 9.08.280 Unit of refuse.

9.08.050 Delinquent.

"Delinquent," as used in this chapter, means and includes a failure of the recipient of garbage collection service, or of the owner, to pay the garbage collector for such garbage collection service by the end of the service period during which garbage collection service has been rendered or may be available.

(Prior code §§ 5301.27, 9.08.040; Ord. 20657.)

9.08.010 Purpose of chapter provisions.

This Chapter 9.08 is determined and declared to be a health, sanitary, and safety measure necessary for the promotion, protection, and preservation of the health, safety, and general welfare of the people of the City of San José. (Prior code § 5301.1; Ord. 20657.)

9.08.015 Authorized recycling contractor.

"Authorized recycling contractor," as used in this chapter, means a person, firm, partnership, corporation or other entity authorized under and by virtue of a contract with the city to collect recyclable waste material in the city. (Ord. 22054.)

9.08.020 Cannery waste.

"Cannery waste," as used in this chapter, means and includes refuse generated by bulk food processors, such as, but not limited to, canneries and frozen food processors.

(Prior code § 5301.8; Ord. 20657.)

9.08.030 Commercial and industrial premises.

"Commercial and industrial premises," as used in this chapter, means and includes all premises except residential premises. (Prior code § 5.301.20; Ord. 20657.)

9.08.060 Demolition materials collector.

"Demolition materials collector," as used in this chapter, means and includes any person who engages in the business of collecting, transporting and/or disposing of demolished building materials or residue remaining after the demolition of any structure and the grading of the land after said demolition.

(Prior code §§ 5301.12, 9.08.050; Ord. 20657.)

9.08.065 Designated recycling collection location.

"Designated recycling collection location," as used in this chapter, means:

  • A. Any container designated by posted signs, marked or labeled as a container for recyclable waste material;

  • B. Any place designated in a contract between the city and an authorized recycling contractor from which the authorized recycling contractor has contracted to collect uncontainerized recyclable waste material.

  • (Ords. 22054, 23923.)

9.08.070 Director of neighborhood preservation.

"Director of neighborhood preservation," as used in this chapter, means and includes the direc-

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§ 9.08.130

tor of neighborhood preservation and/or his duly authorized agents and/or representatives, hereinafter referred to in this chapter as "director." (Prior code §§ 5301.21, 9.08.060; Ord. 20657.)

9.08.080 Dwelling.

"Dwelling," as used in this chapter, means and includes a residence, flat, apartment, or facility used for housing one or more persons. (Prior code §§ 5301.14, 9.08.070; Ord. 20657.)

9.08.090 Garbage.

The word "garbage," as used in this chapter, means and includes any and all dead animals of less than ten pounds in weight, except those slaughtered for human consumption; every accumulation of waste, animal, vegetable and/or other matter that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter, including, but not by way of limitation, used tin cans and other food containers; and all putrefactive or easily decomposable waste, animal or vegetable matter which is likely to attract flies or rodents.

The word "garbage," as used in this chapter, also means and includes mixtures of the waste matter previously listed in this section and any waste matter hereinafter included in the definitions of "swill" or "rubbish" or "stable matter," provided that such mixtures do include a significant amount of waste matter previously defined as "garbage." The significance of the portion of garbage to any other waste matter shall be conclusively determined by the director. Said determination shall be based on a consideration of the amounts of waste matter involved, the purposes of this chapter, and the preservation of the public health, safety and general welfare.

(Prior code §§ 5301.3, 9.08.080; Ord. 20657.)

9.08.100 Garbage collector.

"Garbage collector," as used in this chapter, shall mean and include any person who is autho-

rized by the collection agreement existing between him and the city, in accordance with the provisions of Part 6 of this chapter, to collect, transport and/or dispose of any garbage or of any rubbish and/or stable matter mixed with garbage produced, kept and accumulated in the city, in accordance with the provisions of Part 3 of this chapter.

(Prior code §§ 5301.11, 9.08.090; Ord. 20657.)

9.08.110 Garbage collection service.

"Garbage collection service," as used in this chapter, means and includes the availability of collection, transportation, and/or disposal of garbage, and/or rubbish and/or stable matter mixed with garbage, by an authorized garbage collector as defined in Section 9.08.100 of this chapter. (Prior code §§ 5301.26, 9.08.100; Ord. 20657.)

9.08.120 Hazardous waste.

"Hazardous waste," as used in this chapter, means and includes any and all toxic or poisonous, corrosive, irritating or sensitizing, radioactive, biologically infectious, explosive or flammable waste materials.

(Prior code §§ 5301.7, 9.08.110; Ord. 20657.)

9.08.125 Hauled waste.

"Hauled waste," as used in this chapter, means non-manufacturing waste such as wastewater collected from portable toilets, septic tanks, cesspools, seepage pits, or other private disposal systems. "Hauled waste" does not include commercial and industrial processing waste, waste from a ground water test, or water from a construction operation or process.

(Ord. 29277.)

9.08.130 Multiple-unit dwelling.

"Multiple-unit dwelling," as used in this chapter, means and includes any premises, other than a single-unit dwelling, used for residential purposes, irrespective of whether residence therein is transient, temporary or permanent

(Prior code §§ 5301.18, 9.08.120; Ord. 20657.)

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§ 9.08.140

9.08.140 Occupancy, occupied.

A premises is "occupied" when a person or persons take or hold possession of the premises for permanent or temporary use. For the purpose of determining whether a premises was occupied during periods when refuse collection service was made available to such premises, a premises shall be presumed to have been so occupied unless evidence is presented that gas, electric, telephone and water utility services were not being provided to such premises during such periods. Such presumption shall be rebutted only by utility records showing that the premises were then unoccupied. (Prior code §§ 5301.22, 9.08.130; Ord. 20657.)

9.08.150 Occupant.

"Occupant," as used in this chapter, means and includes any person or persons occupying a premises.

(Prior code §§ 5301.23, 9.08.140; Ord. 20657.)

but not limited to, newspapers, glass and metal cans, which are separated from other garbage or refuse for the purpose of recycling.

  • B. "Recycling," as used in this chapter, means the process of collecting and turning used products into new products by reprocessing or remanufacturing them.

  • (Ord. 22054)

9.08.190 Refuse.

"Refuse," as used in this chapter, means and includes any and all garbage, swill, rubbish, and stable matter.

(Prior code §§ 5301.2, 9.08.180; Ord. 20657.)

9.08.200 Residential premises.

"Residential premises," as used in this chapter, means and includes single-unit dwellings and multiple-unit dwellings.

(Prior code §§ 5301.19, 9.08.190; Ord. 20657.)

9.08.210 Rubbish.

9.08.160 Owner.

"Owner," as used in this chapter, shall mean the person, organization or corporation holding the legal title to the real property constituting the premises to which refuse service is provided. (Prior code §§ 5301.15, 9.08.150; Ord. 20657.)

9.08.170 Premises.

"Premises," as used in this chapter, means and includes any land, building and/or structure or portion thereof in the city where any refuse is produced, kept, deposited, placed or accumulated. (Prior code §§ 5301.13, 9.08.160; Ord. 20657.)

9.08.180 Producer.

"Producer," as used in this chapter, means and includes any person, firm or entity that generates refuse.

(Prior code §§ 5301.24, 9.08.170; Ord. 20657.)

9.08.185 Recyclable waste material; recycling.

  • A. "Recyclable waste material," as used in this chapter, means discarded materials such as,

"Rubbish," as used in this chapter, means and includes all waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, earth, rock, used, demolished or discarded building materials, and other waste material not included in the definitions of "garbage," "swill" or "stable matter" set forth in this part.

(Prior code §§ 5301.15, 9.08.200; Ord. 20657.)

9.08.220 Rubbish collector.

"Rubbish collector" as used in this chapter, means and includes any person authorized to collect rubbish in the city pursuant to a franchise granted in accordance with the provisions of Part 8 of this chapter. (Ord. 23509.)

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§ 9.08.280

9.08.230 Single-unit dwelling.

Each "single-unit dwelling," as used in this chapter, means premises used for or designated as a single-family residential dwelling; each part of a (a) condominium project; (b) duplex; (c) townhouse project or (d) mobile home park, in all cases and in which there is separate or individual garbage collection service.

(Prior code §§ 5301.17, 9.08.220; Ord. 20657.)

9.08.240 Stable matter.

"Stable matter," as used in this chapter, means and includes all manure and other waste matter normally accumulated in and about stables or any animal, livestock or poultry enclosures resulting from the keeping of animals, poultry or livestock. (Prior code §§ 5301.6, 9.08.230; Ord. 20657.)

9.08.250 Swill.

"Swill," as used in this chapter, means and includes any animal or vegetable waste resulting from the handling, packing, canning, cooking, preparing or processing of food, which:

  • A. Is fit for consumption by, and may lawfully be fed to animals, or which will be made fit by heat or other treatment for consumption by animals and may thereafter be lawfully fed to animals; and

  • B. Has been segregated from other refuse and kept and accumulated in separate containers by the producer thereof for the purpose of feeding it or having it fed to animals;

C. Is actually and lawfully fed to animals. (Prior code §§ 5301.4, 9.08.240; Ord. 20657.)

9.08.260 Swill collector.

9.08.270 Tenant.

"Tenant," as used in this chapter, means and includes any person or persons, other than the owner, occupying or in possession of a premises. (Prior code § 5301.16; Ord. 20657.)

9.08.280 Unit of refuse.

"Unit of refuse," as used in this chapter, means and includes the refuse contained in one container as authorized in Section 9.08.510 of this chapter. (Prior code §§ 5301.25, 9.08.260; Ord. 20657.)

Part 9

RECEIVING STATION USE PERMIT

Sections:

  • 9.08.1450 Purpose of Part 9 provisions.

  • 9.08.1460 Regulations and procedures - Director of environmental services authority.

  • 9.08.1470 Regulations or procedures - Noncompliance unlawful.

  • 9.08.1480 Permit - Required.

  • 9.08.1490 Permit - Application - Issuance conditions.

  • 9.08.1500 Permit - Nonassignable.

  • 9.08.1510 Faithful performance bond requirements.

  • 9.08.1520 Bond not exclusive remedy.

  • 9.08.1530 Insurance requirements.

  • 9.08.1540 Hauling vehicles - Identification requirements.

  • 9.08.1545 Presentation of permit requirement.

  • 9.08.1550 Wastes originating outside certain area prohibited.

  • 9.08.1560 Source certification.

"Swill collector," as used in this chapter, means and includes any person who possesses a valid swill collector's license issued in accordance with the provisions of Part 7 of this chapter. (Prior code §§ 5301.9, 9.08.250; Ord. 20657.)

  • 9.08.1570 Monitoring wastes.

  • 9.08.1580 Prohibited discharges.

  • 9.08.1590 Sludge and certain solids prohibited.

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§ 9.08.1450

9.08.1600 Charges and fees for delivery and discharge.

  • 9.08.1610 Record of deliveries and billing of charges.

  • 9.08.1620 Charges - Payment time - Delinquent when.

  • 9.08.1630 Permit - Suspension or revocation conditions.

  • 9.08.1640 Hearing - Decision by director of environmental services.

9.08.1450 Purpose of Part 9 provisions.

The purpose of this Part 9 and of the receiving station service fees and charges prescribed hereunder is to regulate the discharge of hauled waste into receiving station facilities at the San José/Santa Clara Water Pollution Control Plant, and to derive revenue which shall be used only for the acquisition, construction, reconstruction, maintenance and operation of the San José/Santa Clara Water Pollution Control Plant receiving station and the sewage treatment plant facilities.

(Prior code § 5309.1; Ords. 18919, 29277.)

9.08.1460 Regulations and procedures - Director of environmental services authority.

The city's director of environmental services is authorized to adopt rules, regulations and procedures relating to the operation of the receiving station to establish a schedule of service and to provide a safe, efficient and sanitary use of the receiving station facilities, and to implement the provisions of this Part 9. The director may deny or suspend the use of receiving station facilities to any person who fails to comply with such rules, regulations and procedures.

(Prior code § 5309.16; Ords. 18919, 29277.)

9.08.1470 Regulations or procedures - Noncompliance unlawful.

It shall be unlawful for any person to fail to comply with any written rule, regulation or procedure adopted by city's director of environmental services pursuant to this Part 9 which relates to the

delivery or discharge of hauled waste into receiving station facilities of the San José-Santa Clara Water Pollution Control Plant.

(Prior code § 5309.17; Ords. 18919, 29277.)

9.08.1480 Permit - Required.

No person shall deliver or discharge hauled waste into the San José/Santa Clara Water Pollution Control Plant receiving station facilities provided for such delivery and discharge, unless such person has a valid receiving station use permit (hereinafter in this chapter termed "Permit") issued by the city pursuant to the provisions of this part. (Prior code § 5309.2; Ords. 18919, 29277.)

9.08.1490 Permit - Application - Issuance conditions.

No person shall be issued a permit under this part to use the receiving station facilities to deliver and discharge hauled waste unless such person has filed with and furnished to the director of environmental services:

  • A. A completed receiving station use permit application on a form provided by the director;

  • B. Payment of the receiving station use permit application fee and/or annual permit maintenance fee as set forth in the schedule of fees adopted by resolution of the city council;

  • C. A valid business license issued by the city pursuant to the provisions of Chapter 4.76 of the San José Municipal Code;

  • D. The cash deposit or valid corporate surety bond in compliance with Section 9.08.1510;

  • E. The insurance policies and/or certificates in compliance with Section 9.08.1530;

  • F. Copy of a valid registration with the Santa Clara County health department under California Health and Safety Code sections 111740 et seq., authorizing such person to engage in the business of disposing of hauled waste; and

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§ 9.08.1545

  • G. A list of drivers for each vehicle and their valid California drivers license numbers.

  • (Prior code § 5309.3; Ords. 18919, 29277.)

9.08.1500 Permit - Nonassignable.

A permit issued under this chapter is personal to the applicant to whom it is issued and is not subject to transfer or assignment. (Prior code § 5309.4; Ords. 18919, 29277.)

9.08.1510 Faithful performance bond requirements.

  • A. No person shall deliver or discharge hauled waste into the San José/Santa Clara Water Pollution Control Plant receiving station facilities unless such person has provided a faithful performance bond in the amount specified by the director of environmental services payable to the City of San José naming the city as obligee and issued by a surety company or companies acceptable to city and in a form approved by the city attorney, which surety bond or bonds may be renewed or replaced annually, at his or her sole cost and expense, and shall be kept in full force and effect during the term of the permit to insure faithful performance of all the requirements under this part. In lieu of such surety bond or bonds, such person may deposit with the city a cash deposit, in the amount specified by the director of environmental services, as security for faithful performance as required by this part.

  • B. The condition of the bond shall be that the amount thereof shall be paid to the city if permittee engages in any of the acts that could lead to suspension or revocation of the permit pursuant to Section 15.14.1630A.

  • C. Upon payment of any sum to city of the cash deposit or under such faithful performance bond, the permittee shall immediately furnish and file with city such cash deposit or surety bonds as may again be required by the director of environmental services.

  • D. No interest shall be paid by city to permittee on any cash deposit or surety bond.

  • (Prior code § 5309.5; Ords. 18919, 29277.)

9.08.1520 Bond not exclusive remedy.

The remedies providing for satisfaction of the obligations set forth in Section 9.08.1510 are cumulative and not exclusive, and are in addition to any other remedies to which the city may be lawfully entitled. Each person shall remain personally liable for any obligation or liability incurred in operations subject to regulation under this Part 9 to the extent that the cash deposit or corporate surety bond proceeds are insufficient to satisfy the same. (Prior code § 5309.6; Ords. 18919, 29277.)

9.08.1530 Insurance requirements.

  • A. No person shall deliver or discharge hauled waste into the San José/Santa Clara Water Pollution Control Plant receiving station facilities unless such person, at his or her sole cost and expense, have and maintains in full force and effect the insurance policies, endorsements, certificates and/or binders required by the risk manager for the city.

  • B. The director of environmental services shall file with the city clerk all certificates and insurance policies received under this part.

  • (Prior code § 5309.7; Ords. 18919, 29277.)

9.08.1540 Hauling vehicles - Identification requirements.

Access to and use of receiving station facilities shall be granted only to vehicles bearing, in fourinch-high letters on both sides of the hauling vehicle, the name and address of the holder of a valid permit issued under this Part 9 and the vehicle load capacity.

(Prior code § 5309.18; Ords. 18919, 29277.)

9.08.1545 Presentation of permit requirement.

Access to and use of the San José/Santa Clara Water Pollution Control Plant receiving station facilities shall be granted only to a person with a valid receiving station use permit, issued under this part, in the vehicle when he or she seeks to deliver or discharge into the receiving station facilities. (Ord. 29277.)

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§ 9.08.1550

9.08.1550 Wastes originating outside certain area prohibited.

No person shall deliver or discharge into the receiving station facilities hauled waste collected from any property outside the Ultimate Tributary Area. For the purpose of administering this section, the "Ultimate Tributary Area" is defined as follows: All of the county of Santa Clara except those areas within the incorporated cities of Palo Alto, Mountain View, Sunnyvale, Los Altos, Los Altos Hills, Monte Vista, Gilroy and Morgan Hill. (Prior code § 5309.9; Ords. 18919, 29277.)

9.08.1560 Source certification.

  • A. No person shall be permitted to deliver or discharge hauled waste at the receiving station without presenting to the San José/Santa Clara Water Pollution Control Plant personnel prior to such delivery or discharge, written certification of the information required by this section in a form approved by the Santa Clara County Department of Environmental Health.

  • B. The written certification shall include the following:

    1. Name of the permittee;

    2. Address of the permittee;

    3. Vehicle license number of the vehicle hauling the hauled waste;

    4. Vehicle windshield sticker number issued by the Santa Clara County department of environmental health for vehicles that haul hauled waste;

    5. Date of discharge of hauled waste to the San José/Santa Clara Water Pollution Control Plant receiving facilities;

    6. Driver name and signature of the vehicle hauling the hauled waste;

    7. A log of the following information for each property that received hauled waste collection services:

    • d. Telephone number of the property owner or occupant of the property;

    • e. The specific source of the hauled waste including, but not limited to, septic tanks and portable toilets; and

    • f. Volume of hauled waste collected from the property.

  1. Total volume of hauled waste collected from all properties that received hauled waste collection services.

  2. Other information as may be required by the Santa Clara County Department of Environmental Health.

(Prior code § 5309.10; Ords. 18919, 29277.)

9.08.1570 Monitoring wastes.

  • A. The city shall have the right by and through its officers, employees or other persons engaged by the city to do so, to take such samples of hauled waste delivered by any person into the receiving station facilities as the city in its sole discretion may deem appropriate to obtain a representative sample of each delivery's contents. Such sample may be taken prior to, during or after any such delivery and discharge. Without being limited thereto, results of analyses made of such samples at the San José/Santa Clara Water Pollution Control Plant laboratory may be used to determine permittee's conformance with the requirements of this Part 9. By acceptance of the permit issued under this part, permittee consents and agrees that such samples may be so taken and used.

  • B. In the event the city determines that any such delivery contains substances not permitted to be delivered or discharged under this part, the permittee shall forthwith comply with the city's order or direction that they not be so delivered or discharged.

(Prior code § 5309.13; Ords. 18919, 29277.)

  • a. Collection date;

  • b. Name of the property owner or occupant of the property including any facility name, if applicable;

  • c. Property address;

9.08.1580 Prohibited discharges.

No person shall deliver or discharge into the receiving station facilities any industrial waste (as defined in Section 15.14.315 of this Code), nor any

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§ 9.08.1620

substances whose discharge into the city's sanitary sewer system is prohibited under the provisions of Part 3 of Chapter 15.14 of this Code, notwithstanding that they may constitute hauled waste. (Prior code § 5309.11; Ords. 18919, 29277.)

9.08.1590 Sludge and certain solids prohibited.

No person shall deliver or discharge into the receiving station facilities any sludge, biosolids or other solids from sewage treatment plants or water treatment plants, either from within or from outside the Ultimate Tributary Area (as defined in Section 9.08.1550 of this Code.)

(Prior code § 5309.12; Ords. 18919, 29277.)

9.08.1600 Charges and fees for delivery and discharge.

  • A. Unless and until otherwise provided by the city council by ordinance or resolution, the following charges and fees are fixed, determined and shall be required to be paid for the delivery and discharge of the hauled waste into the San José-Santa Clara Water Pollution Control Plant receiving station facilities:

    1. For each load collected from a property located within the geographical limits of any sewage services agency tributary to the San José-Santa Clara Water Pollution Control Plant and delivered to the receiving station, the charge of seven dollars and fifty cents plus $0.005 per gallon. Such tributary sewage service agencies are: the cities of San José, Santa Clara, Campbell, Los Gatos, Monte Sereno, Saratoga, Cupertino and Milpitas; and County Sanitation Districts No. 2, No. 3; Burbank Sanitary District; Cupertino Sanitation District; and West Valley Sanitation District;

    2. For each load collected from a property located outside the geographical limits of any sewage services agency tributary to the San José-Santa Clara Water Pollution Control Plant, but within the geographical limits of the ultimate tributary

area (as defined in Section 9.08.1550 of this Code) and delivered to the receiving station the charge of fifteen dollars plus $0.01 per gallon.

  • B. The $0.005 per gallon and the $0.01 per gallon charges shall be determined as follows: on the actual number of gallons contained in the load for vehicles equipped with a suitable sight glass or gauge; and on the total load capacity of the vehicle's storage facility for vehicles not equipped with a suitable sight glass or gauge.

  • C. Mixed loads including hauled waste from both inside and outside the geographical limits of cities and sewage services agencies tributary to the San José-Santa Clara Water Pollution Control Plant shall be charged at a higher rate, that is, fifteen dollars plus $0.01 per gallon.

  • (Prior code § 5309.8; Ords. 18919, 29277.)

9.08.1610 Record of deliveries and billing of charges.

A record of deliveries of the hauled waste shall be made at the time of each delivery to the receiving station and shall be signed by or on behalf of the permittee. Within fifteen days after the close of each calendar month, the director of environmental services shall collect the delivery records and prepare and mail an invoice to each permittee for fees and charges incurred by such permittee during such calendar month.

(Prior code § 5309.14; Ords. 18919, 29277.)

9.08.1620 Charges - Payment time - Delinquent when.

Fees and charges for the hauled waste delivered and discharged into the receiving station facilities under this Part 9 shall be paid by the permittee at the office of the director of finance, City Hall, San José, California, or at such other place as said director may provide. Such fees and charges are immediately due and payable upon the deposit of an invoice therefor in the United States mail; they are delinquent if payment is not received by the

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§ 9.08.1620

director of finance on or before the thirtieth day immediately following the date when due and payable.

(Prior code § 5309.15; Ords. 18919, 29277.)

9.08.1630 Permit - Suspension or revocation conditions.

  • A. The director of environmental services or his or her authorized deputy may, upon reasonable notice and hearing, suspend or revoke any permit issued under this Part 9 if he or she finds and determines that any person:

    1. Has submitted a permit application that is false in any material respect; or

    2. Has failed to maintain in full force and effect the cash deposit, corporate surety bonds, or insurance required under this part 9; or

    3. Has personally or through any employee or other person engaged to do so, delivered or discharged any substances other than hauled waste into the receiving station facilities or has delivered or discharged therein any substances prohibited from discharge into the city's sanitary sewer system under the provisions of Part 3 of Chapter 15.14 of the San José Municipal Code (herein "Prohibited Substances"); or

    4. Has disposed of any waste, including hauled waste, in an unlawful manner anywhere within the service area; or

    5. Has violated any state, county or city law or regulation regarding the hauling of waste, including hauled waste; or

    6. Has failed to maintain a valid registration for disposition of hauled waste under California Health and Safety Code Sections 117400-117450; California Food and Agricultural Code Sections 1921019216, 19310-19317; and California Vehicle Code Sections 2460-2478, where required to dispose of hauled waste under this Part 9; or

    7. Has failed to conform to any provision of this Part 9, or any permit issued hereunder; or

    8. Has failed to pay, before delinquency, any fee or charge due under this Part 9.

  • B. If the director of environmental services determines by reason of emergency circumstances that the immediate preservation of the public health and safety requires that such permit be suspended immediately and without prior hearing, he or she may do so; provided, however, that he or she shall make a written finding as to the emergency circumstances which justify such immediate action, and forthwith give to permittee written notice thereof of the time, not exceeding fifteen days, when the director will conduct a hearing to determine whether such suspension shall be continued and/or the permit shall be revoked.

  • C. Notice of any proceeding hereunder shall be served personally upon the permittee or by registered mail addressed to permittee at his or her place of business shown upon permit records with the city, or to such other address of permittee as may be known to the director of environmental services.

(Prior code § 5309.19; Ords. 18919, 29277.)

9.08.1640 Hearing - Decision by director of environmental services.

After any hearing required under this Part 9, the director of environmental services shall make a written decision setting forth his or her findings and his or her action thereon. A copy of the decision shall be served upon permittee in the manner provided for notice of hearings; the decision is final in ten days after service.

(Prior code § 5309.20; Ords. 18919, 29277.)