San Ramon Municipal Code Art. 3 Authorized Collectors

(Ord. No. 499, § 1, 02/25/2020; Ord. No. 512, § 1 (part), 01/11/2022)

A. Authorized Collector(s) providing residential, commercial, or industrial Organic Materials Collection Services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Materials: 1. Through written notice to the City annually on or before January 1, 2022, identify the facilities to which they will transport Organic Materials including facilities for source separated Recyclable Materials and source separated Organic Materials. 2. Transport source separated Recyclable Materials and source separated Organic Materials to a facility, operation, activity, or property that recovers Organic Materials as defined in 14 CCR, Division 7, Chapter 12, Article 2. 3. Obtain approval from the City to haul organic materials, unless transporting source separated Organic Materials to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and the requirements set forth in B6- 31 through B8-36. (Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022

This Chapter provides for the granting of non-exclusive franchises for Commercial Recycling Transporters. It is the intent of this Chapter to regulate the Collection, transportation, Diversion and Disposal of C&D Debris, Commercial Recyclable Materials, and Commercial Organic Materials. A collector who has been granted a Commercial Recycling Transporter Franchise by the City is thereby an Authorized Collector of Commercial Recyclable Materials, Commercial Organic Materials and C&D Debris. (Ord. No. 499, § 1, 02/25/2020; Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022

A. Commercial Recycling Transporter Franchises are non-exclusive and do not confer any exclusive rights or guarantee the franchisee any customers or establish any collection districts within the City of San Ramon. B. Franchised Commercial Recycling Transporters may collect source-separated Commercial Recyclable Materials for recycling, and transport such materials to a recycling facility provided that both the Commercial Recycling Transporter and the recycling facility have obtained any and all necessary franchises and permits required by this Chapter or by any other regulatory agency having jurisdiction. C. Franchised Commercial Recycling Transporters may collect source-separated Commercial Organic Materials for composting, and transport such materials to a composting facility provided that

City of San Ramon, CA | Municipal Code 144

both the Commercial Recycling Transporter and the composting facility have obtained any and all necessary permits required by this Chapter or by any other regulatory agency having jurisdiction. D. Franchised Commercial Recycling Transporters may collect C&D Debris for recycling, and transport such materials to a recycling facility provided that both the Commercial Recycling Transporter and the recycling facility have obtained any and all necessary permits required by this Chapter or by any other regulatory agency having jurisdiction. E. Franchised Commercial Recycling Transporters may collect C&D Debris for Disposal, and transport such materials to a transfer or Disposal facility provided that: 1. both the Commercial Recycling Transporter and the transfer or Disposal facility have obtained any and all necessary permits required by this Chapter or by any other regulatory agency having jurisdiction; and 2. the Commercial Recycling Transporter must have complied with the Diversion requirements established by the Director pursuant to the C&D Program Guidelines. The Director may establish and enforce different Diversion requirements for the different material types collected and transported pursuant to this Chapter. F. Franchised Commercial Recycling Transporters may only collect C&D Debris from Projects that have been issued a building permit or Demolition permit from the City. G. Franchised Commercial Recycling Transporters are not required to provide all of the transportation services (Commercial Recyclable Materials, Commercial Organic Materials, and C&D Debris) allowed under this Chapter, and the Director may issue franchise agreements to individual franchisees which specify and limit the number and type of such services that they can provide. H. Franchised Commercial Recycling Transporters must adhere to the Commercial Recycling Transporter permit guidelines, the C&D Program Guidelines, and to any other applicable federal, state, or local laws and regulations. (Ord. No. 499, § 1, 02/25/2020; Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022

A. No person shall collect, transport or convey, or cause or permit to be transported or conveyed, any Commercial Recyclable Materials, Commercial Organic Materials, or C&D Debris unless the transporter has been issued a valid Commercial Recycling Transporter Franchise, except for an owner or occupant of any property may remove Discarded Materials from the property that they own or occupy, and materials that do not require an Authorized Collector per section B6-7 of this Chapter. B. Persons in violation of these requirements shall be guilty of an infraction and may be cited with an administrative citation issued pursuant to TITLE A of this code. C. The City may remove and impound any debris box or collection container located within the City right-of-way that is owned by a non-Authorized Collector. The City may assess a fee (as determined by the City Council) to return an impounded debris box or collection container to its owner. After sixty (60) days the City may dispose of an unclaimed impounded debris box or collection container and/or Dispose of the material therein. The City may charge the owner of debris box or collection container for the City's costs. D. The City may issue a franchise agreement that allows an Authorized Collector for Solid Waste, Residential Organic Materials, and Residential Recyclable Materials to also collect Commercial Organic Materials, Commercial Recyclable Materials, and C&D Debris. (Ord. No. 499, § 1, 02/25/2020; Ord. No. 512, § 1 (part), 01/11/2022)

City of San Ramon, CA | Municipal Code 145

Effective on: 2/10/2022

(Ord. No. 499, § 1, 02/25/2020; Ord. No. 512, § 1 (part), 01/11/2022; Ord. No. 533, § 3, 09/23/2025)

Effective on: 10/23/2025

A. All applications for non-exclusive Commercial Recycling Transporter Franchises shall be submitted by the applicant in a form specified by the Director. B. All applicants shall pay an application fee to the City in an amount established by the City Council. The City Council may establish separate application fee rates for first-time applicants and for current franchise holders applying to renew an existing franchise. (Ord. No. 499, § 1, 02/25/2020; Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022

A. The Director is authorized to grant a Commercial Recycling Transporter Franchise to any qualified applicant. A Commercial Recycling Transporter Franchise shall become effective upon issuance by the Director. B. Any grant of a Commercial Recycling Transporter Franchise by the Director may be subject to such terms, conditions, rules, regulations, restrictions, and limitations as the Director or his or her designee deems necessary to protect the public health, safety or welfare and consistent with this Chapter. C. The Director may deny an application for a Commercial Recycling Transporter Franchise if the Director finds that the application fails to meet the requirements of this Chapter and/or the Director finds that the issuance of the Commercial Recycling Transporter Franchise would impose an unreasonable risk to the health, safety, or general welfare of the public. If the application is denied, the Director shall inform the applicant in writing which shall be mailed to the applicant's address shown on the application. (Ord. No. 499, § 1, 02/25/2020; Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022

Each Commercial Recycling Transporter Franchise issued under this Chapter shall automatically renew every twelve (12) months subject to the terms in the franchise agreement and guidelines promulgated by the Director, and payment of the renewal fee. (Ord. No. 499, § 1, 02/25/2020; Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022

A. A Commercial Recycling Transporter Franchise may be suspended or terminated by the Director for cause as provided in this Chapter. B. The Director shall have the right to terminate any franchise granted pursuant to this Chapter if the Director finds that the Commercial Recycling Transporter has failed to comply with the provisions of this Chapter, the Commercial Recycling Transporter Franchise guidelines or the C&D Program Guidelines.

City of San Ramon, CA | Municipal Code 146

C. Any Commercial Recycling Transporter Franchise granted pursuant to this Chapter shall be automatically suspended whenever the Commercial Recycling Transporter fails to keep in full force and affect any applicable licenses or franchises required by federal, state or local law. The suspension shall remain in effect until the Commercial Recycling Transporter provides documentation satisfactory to the Director verifying that the reason for the suspension no longer exists. D. The Director may suspend any Commercial Recycling Transporter Franchise granted under this Chapter if the Commercial Recycling Transporter fails to submit timely reports and/or franchise fees as described in the franchise agreement. The suspension shall remain in effect until the proper reports and fees have been submitted to the satisfaction of the Director, or upon reversal or modification of the suspension following a successful appeal by the Commercial Recycling Transporter pursuant to this Chapter. E. In the event the Commercial Recycling Transporter Franchise granted under this Chapter is suspended, the Commercial Recycling Transporter shall have no right or authority to engage in Commercial Recyclable Materials, Commercial Organic Materials, or C&D Debris collection, transportation, recycling or Disposal operations in the City during the period of suspension. F. In the event the Commercial Recycling Transporter Franchise granted under this Chapter is terminated, the Commercial Recycling Transporter shall have no right or authority to engage in Commercial Recyclable Material, Commercial Organic Materials, or C&D Debris collection, transportation, recycling or Disposal operations in the City unless and until a subsequent Commercial Recycling Transporter franchise is granted to the Commercial Recycling Transporter. G. In the event any Commercial Recycling Transporter Franchise granted under this Chapter is terminated for cause, then within the time period specified by the Director, the Commercial Recycling Transporter shall: 1. Remove all of the Commercial Recycling Transporter's collection containers from all service locations where services have been provided pursuant to such Commercial Recycling Transporter Franchise; and 2. Properly Dispose of or Divert any and all materials in the containers at the time of removal. H. If the Commercial Recycling Transporter fails to remove any collection container or to properly Dispose of or Divert any materials in any container within the time specified by the Director, the City may remove the container and/or Dispose of the material therein, and may charge the Commercial Recycling Transporter for the City's costs. The Commercial Recycling Transporter shall pay to the City all of the costs incurred by the City in such removal and/or Disposal within thirty (30) days of the date of the City's invoice for such costs. (Ord. No. 499, § 1, 02/25/2020; Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022

A. Vehicle requirements. Every vehicle and container used by a Commercial Recycling Transporter to collect and transport Commercial Recyclable Materials, Commercial Organic Materials or C&D Debris pursuant to this Chapter shall be identified by the Commercial Recycling Transporter’s business name and local business telephone number in lettering not less than two and one-half inches high and, where required by the Director, a vehicle identification number. B. Container requirements. 1. The body of every container used or provided by a Commercial Recycling Transporter to collect Commercial Recyclable Materials within the City must be blue in color. 2. The body of every container used or provided by a Commercial Recycling Transporter to collect Commercial Organic Materials within the City must be green in color. City of San Ramon, CA | Municipal Code 147

3. The container color requirement does not apply to roll-off containers such as debris boxes or roll-off compactors. 4. Every container used or provided by a Commercial Recycling Transporter to collect and transport Commercial Recyclable Materials, Commercial Organic Materials, or C&D Debris must be labeled to indicate which materials can and cannot be placed in the containers using a City-approved label format that complies with SB 1383 and all applicable State regulations. 5. The Director may at his or her sole discretion remove any debris box or collection container within the City right-of-way that is owned by a Commercial Recycling Transporter (whether authorized or unauthorized) if the Director determines that the removal of the debris box or container is in the interest of the public health, safety and welfare.

C. Acceptable Recyclable Materials. A Commercial Recycling Transporter who collects “single- stream” Mixed Recyclable Materials must accept from his or her customers within City limits the types of Mixed Recyclable Materials as described in their Commercial Recycling Transporter Franchise Agreement. (Ord. No. 499, § 1, 02/25/2020; Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022

A. Any person aggrieved by or dissatisfied with any decision or determination of the Director made pursuant to this Chapter shall have a right of appeal from that decision to the City manager, whose decision shall be final. B. The failure to file and prosecute all appeals available pursuant to the provisions provided herein shall be deemed a failure to exhaust administrative remedies, and shall act as a complete bar to any legal proceeding challenging the subject decision or determination. (Ord. No. 499, § 1, 02/25/2020; Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022

B6-29 through B6-30. - Reserved.

(Ord. No. 499, § 1, 02/25/2020; Ord. No. 512, § 1 (part), 01/11/2022)

Effective on: 2/10/2022