Santa Clarita Municipal Code Part 4 Solid Waste Franchises, Fees, And Facilities

A. Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code, Section 41900 et seq., the City may levy fees upon solid waste enterprises and solid waste service recipients for planning, developing and administering (1) any program regarding solid waste, household hazardous waste, recyclable materials and/or organic waste, including related collection, transfer, disposal, processing, auditing, and planning activities; and (2) any program for responding to releases and spills of solid wastes which have the characteristics of hazardous substances. Such fees may include charges for the use of disposal facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans, and implementing SB 1383 requirements. The City may collect such fees by such means as the Council may elect.

B. The City Council, by resolution, may waive fees for recyclable solid waste haulers and for collectors of green wastes who transport such green waste to a compostable materials handling facility or a green material composting facility, as defined in 14 CCR Section 17852, or other site permitted (or exempt from permitting) by the California Integrated Waste Management Board in accordance with all governing laws and regulations, and who report all such deliveries to the City.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.300)

A. The City Council may award exclusive, partially exclusive, or nonexclusive solid waste franchises for collection of solid wastes, including but not limited to garbage, recyclable materials, construction and demolition materials and/or organic waste from all or a portion of residential and commercial premises in the City, unless otherwise delegated by City Council resolution to the City Manager. Any such solid waste franchises shall be in the form of a written agreement, granted by the City Council by written resolution. The City Council may determine as well if and when franchises will be issued for any particular category of solid waste and may establish the process for application for such franchises by resolution. Where a franchise agreement is silent on an issue, the provisions of this chapter shall govern. Where a franchise agreement predates the effective date of the ordinance codified in this chapter, the provisions of the franchise agreement shall govern over any inconsistent provisions contained in this chapter.

B. A solid waste franchise may be granted on such terms and conditions as the City Council in its sole discretion shall establish as matters of local concern. At a minimum, a solid waste franchise shall name the solid waste enterprise, and shall provide that:

1. The franchisee shall comply with the provisions of this chapter including those in Section 15.44.420;

2. The franchisee shall be required to protect, defend, indemnify, and hold the City harmless from liability, including but not limited to liability under the Resource Conservation and Recovery Act of 1976 ("RCRA") (42 U.S.C. Section 6901 et seq.), the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act ("HSAA"), California Health and Safety Code Section 25300 et seq., and all future amendments to any of them, as they may be amended, and all regulations implementing these acts and all applicable laws governing universal wastes. The City may require that such obligation be secured by a guarantee;

3. The franchisee shall be required to cooperate with the City in solid waste disposal characterization studies or other waste stream audits and to submit information required by the City to meet the reporting requirements of AB 939, SB 1383 or any other law or regulation, and to implement measures consistent with the City's Source Reduction and Recycling Element and SB 1383 requirements in order for the City to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended, including but not limited to Public Resources Code Section 41780(a)(2);

4. The City Council may place a limit on rates for solid waste services, including maximum rates by category, such as single-family, multifamily and commercial;

5. The franchisee may be required to pay a franchise fee to the City for the privilege of conducting a private enterprise over City rights-of-way; and

6. The franchisee may identify up to two (2) DBAs under which it may operate in the City pursuant to the franchise agreement. If a franchisee wishes to operate in the City under more than two (2) DBAs, it must apply for and be granted, at the City's discretion as provided under this chapter, a separate franchise agreement.

C. In deciding whether to grant a franchise, the City Council may consider, among other factors, those listed in Section 15.44.435 and a solid waste enterprise's past adherence to City codes, ordinances, franchise agreements, etc. Any applicant who previously had a franchise revoked shall be debarred from applying for another franchise for a period of three (3) years.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.305)

A. No person shall construct or operate a solid waste management facility, including but not limited to a materials recovery facility, solid waste transfer or processing station, composting facility, a buyback or drop-off center, disposal facility or a recycling center without first satisfying all City requirements for land use, environmental and other approvals. Persons operating a materials recovery or a solid waste transfer or processing facility in the City shall divert the maximum feasible amount of recyclable solid wastes from landfilling. Inert wastes, as defined in Public Resources Code Section 41821(3)(a)(1), shall be removed from the solid waste stream and not disposed of in a solid waste landfill.

B. Requirements for Facility Operators and Community Composting Operations.

1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon request from City or designee, provide within sixty (60) days information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.

2. Community composting operators shall, upon request from City or designee, provide within sixty (60) days information to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.310)

A. The person in charge of day-to-day activities of any commercial premises or residential premises required by this chapter to have solid waste collection or self-hauling shall be liable for the fees and charges for such collection, and/or subject to self-haul requirements in accordance with this chapter.

B. To protect public health, safety, and well-being and to control the spread of vectors, the person responsible for day-to-day operation of each residential premises or commercial premises in the City at which solid waste is generated or accumulated shall make arrangements for collection, recycling, and disposal of garbage, organic waste and recyclable materials generated or accumulated on those premises in accordance with the requirements of this chapter, or shall obtain a self-haul permit in accordance with Part 3 of this chapter. The fees and charges (plus any interest or penalties) shall be due and payable on the date stated on the bill. Bills will include a due date, and will not state "payable upon receipt." The person(s) responsible for day-to-day operation of each premises in the City at which garbage, organic waste and recyclable materials subject to this chapter are generated or accumulated, and which are not self-hauled, shall be liable for the payment of all charges (plus any interest or penalties) for solid waste services, including any recycling charges.

C. If solid waste and recycling and organics service fees and charges (and any applicable interest or penalties) are not paid within thirty (30) days of the date payment was due, garbage, recycling and organics service may be discontinued and collection of the unpaid amount may be undertaken by any lawful means available to the City or to a solid waste enterprise providing solid waste services. The City may, but is under no obligation to, assist solid waste enterprises in the collection of payment.

D. Upon receipt of written notice from the person responsible for day-to-day operation of a premises in the City to discontinue garbage, organic waste and recyclable materials collection services because the person in charge of day-to-day operations is self-hauling, or because the premises are vacant, the solid waste enterprise providing solid waste service shall refund any advance collection fees.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.315)

A. Each solid waste enterprise furnishing solid waste (which includes garbage and/or organic waste and/or recyclable materials) handling services (i.e., the collection and disposal of solid waste, including garbage, recyclable materials and organic waste) to any residential or commercial premises within the City, shall comply with all requirements set forth in this chapter, including but not limited to compliance with the requirements of AB 341, AB 939, AB 1826, SB 1383, CERCLA, RCRA, and the laws governing universal wastes. These requirements include, but are not limited to, all requirements that the City Council may impose. All City requirements shall be established or modified by City Council ordinance or resolution.

B. Each solid waste enterprise claiming a right to continue to provide solid waste handling services in the City of Santa Clarita pursuant to Public Resources Code Section 49520 et seq. or other law (collectively, "continuation rights"), before exercising such rights, shall notify the City (Attention: City Clerk, copies to City Manager and City Attorney) in writing that it claims continuation rights, stating all facts supporting that claim. A solid waste enterprise claiming continuation rights shall adhere to the same standards (including but not limited to indemnification, insurance, diversion rates, and other service levels), shall charge comparable rates for service and shall pay the same fee as those franchise fees required by the City of other solid waste enterprises with an exclusive solid waste franchise. In accordance with Public Resources Code Section 49521(b), "rates that are comparable to those established by the local agency" shall vary no more than five percent (5%) above or below those maximum rates set in any exclusive solid waste franchise entered into by the City. If a solid waste enterprise claiming a right to continue to provide solid waste handling services in the City pursuant to Public Resources Code Section 49520 et seq. or other law fails to (1) adhere to the same material standards; (2) charge comparable rates for service; or (3) pay franchise fees required by the City of other solid waste enterprises with an exclusive solid waste franchise as provided in the municipal code, such solid waste enterprise shall forfeit whatever, if any, continuation rights it may have had. The following standards are deemed by the City to be material: all insurance, bonding, and indemnification requirements, rates of service, diversion requirements, franchise fee payment, and all service standards set in an exclusive solid waste franchise entered into by the City.

C. Each solid waste enterprise furnishing garbage, recyclable materials or organic waste collection service within the City shall meet the following requirements and standards in connection with collection of organic waste and recyclable materials:

1. Through written notice or written report to the City annually identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated organic waste.

2. Transport source separated recyclable materials to a facility that recycles those materials and transport source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

3. Obtain approval from the City to haul organic waste, which can be through a franchise agreement with the franchised collector, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.

D. The collection of garbage, recyclable materials and organic waste shall be performed by the franchised collector selected by the City in a manner and frequency which protects public health and safety.

E. A franchised collector shall carry, convey or haul solid waste on or along the streets, alleys, highways or waterways of the City in conveyances, containers or receptacles that will not permit any matter to sift through or fall upon the streets, alleys, highways or waterways. Solid waste conveyed in other than a container or receptacle with a close-fitting lid shall be protected with covers to prevent the solid waste from being blown or spilled onto the streets, alleys, highways, waterways or adjacent lands.

F. The City's franchised hauler shall implement a commercial organics recycling program that consists of education, outreach and monitoring of businesses that is designed to divert organic materials from businesses.

G. Up to four (4) times per year, provide reports to the City and member on commercial business account information and service levels in a form to be specified by the City. Assist in the dissemination of SB 1383 educational materials to single-family and commercial business accounts.

H. At least annually and during new staff on-boarding, train franchised hauler's customer service representatives and account managers/recycling coordinators serving organic waste generators in Santa Clarita on the generator requirements set forth in this chapter, SB 1383 regulations as they may be revised from time to time, and on resources available to assist in compliance. Training may be in a virtual or in-person format.

I. Where a franchised hauler provides garbage container collection service, notify single-family and commercial business accounts that (1) they must also be subscribed to recycling container collection service and organic container collection service to comply with this chapter, except if an applicable waiver has been granted for the account, if an applicable waiver application has been submitted and is under review for the account, or if the account is a self-hauler, and (2) that the franchised hauler will inform the City if the account fails to subscribe to a required collection service offered by the franchised hauler.

J. Provide quarterly reports to the City identifying single-family and commercial accounts that are subscribed to garbage container collection service but that are not subscribed to recycling container and/or organic container collection service. If a franchised hauler providing garbage container collection service does not offer recycling container collection service and/or compost container collection service to its garbage container collection service customers, the requirements of subsections (D) and (E) of this section shall not apply with respect to those customers and the type(s) of service that is not offered.

K. Conduct or comply with container contamination minimization efforts such as route reviews or waste evaluations. Inform generators when container contamination is observed by the franchised hauler.

L. If requested by the enforcement agency, assist generators with verification of physical space constraints when generator submits an application for a physical space waiver.

M. Provide commercial business accounts with interactive assistance such as employee training, in a virtual or in-person format, when recycling container collection service or organics container collection service is added, or upon request.

N. Any person or entity, other than a person which has obtained a self-haul permit, or a solid waste enterprise which has obtained a franchise from the City, that engages in the collection of residential or commercial solid waste or which places a container for the accumulation of solid waste in the City for compensation shall be guilty of a misdemeanor punishable as provided in the Santa Clarita Municipal Code. Each day in which a person or entity engages in the collection of residential or commercial solid waste in the City or places a container for the accumulation of solid waste, or permits a solid waste container to remain in the City without holding a franchise issued by the City, shall be a separate offense and constitutes a nuisance. See also Section 15.44.830. This subsection does not apply to a licensed contractor self-hauling construction and demolition materials from commercial or residential premises within the scope of the contractor's license and no self-haul permit shall be required for such activities in accordance with Section 15.44.310.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.320)

A. Any solid waste franchise issued or recognized under this chapter or continuation hauler rights, is subject to revocation or suspension for cause, as further described in subsection (B) of this section and the terms of the franchise agreement.

B. No solid waste enterprise which engages in any act or conduct which falls in any one (1) or more of the following may collect solid waste in the City:

1. Operating the solid waste enterprise in a manner contrary to the public health, safety, well-being, peace, welfare, morals, or which is found to constitute a public nuisance;

2. Violating any regulation of the California Integrated Waste Management Board, the California Department of Toxic Substances Control, the California Air Resources Board, or any of their respective successor agencies, a local enforcement agency, this municipal code, or any material condition of a solid waste franchise affecting public health and safety in the City;

3. Violating any federal or State law in which the solid waste franchisee or any of its officers, directors, or employees are found guilty of any crime related to the performance of the franchise agreement, of any crime related to antitrust activities, illegal transport, or disposal of hazardous or toxic materials, or bribery of public officials;

4. Engaging in fraud or deceit upon the City, made or makes or uses any false, fictitious or fraudulent statements or representations, or practiced any fraud or deceit or made any false, fictitious or fraudulent statements or representations in connection with the issuance or renewal of the solid waste franchise;

5. Becoming insolvent, unable or unwilling to pay its debts, including payment of fees due to the City, or having a receiver or trustee appointed to take over and conduct the business of the solid waste franchisee whether in a receivership, reorganization, or bankruptcy proceeding;

6. Failing to provide or maintain in full force and effect the workers' compensation, liability, and indemnification coverages or cash bond as required;

7. Violating any order or ruling of any regulatory body with respect to solid waste handled or collected within the City, except that such order or ruling may be contested by appropriate proceedings conducted in good faith, in which case no violation shall be deemed to have occurred until a final decision adverse to the solid waste enterprise is entered; or

8. For any solid waste enterprise claiming a right to continue to provide solid waste services in the City of Santa Clarita pursuant to Public Resources Code Section 49520 et seq. or other law, failing to adhere to the same material standards required by the City of other solid waste enterprises with a solid waste franchise.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.325)

A. If the City Manager determines that (1) the continuing performance of a solid waste enterprise in the City may not be in conformity with reasonable industry standards applicable in Los Angeles County or provided under the California Integrated Waste Management Act, including, but not limited to, requirements for implementing diversion, source reduction, recycling of organic and nonorganic materials and composting of organic materials or any other applicable federal, State, or local law or regulation, including but not limited to the laws governing transfer, storage or disposal of solid and hazardous waste, including but not limited to the regulations of the Department of Toxic Substances Control governing collection and handling of universal wastes and the diversion rates required of the City by Public Resources Code Section 41780(a)(2), or this chapter; or (2) a franchisee is in default of the terms of its franchise, the City Manager shall advise the solid waste enterprise in writing of such suspected deficiencies. In any written notification of deficiencies, the City Manager shall set a reasonable time within which the solid waste enterprise is to correct the deficiencies and respond. Unless otherwise specified, a reasonable time for response and correction of deficiencies shall be thirty (30) days from the receipt of such written notice by the solid waste enterprise.

B. At the expiration of the time set for response from the solid waste enterprise, the City Manager shall review the record, including any written response from the solid waste enterprise to the notice of deficiencies, and take either of the following actions: (1) resolve the matter in favor of the solid waste enterprise; or (2) order remedial action to cure any breach. In either event, the City Manager shall inform the solid waste enterprise in writing of the decision. A decision or order of the City Manager shall be final and conclusive unless the solid waste enterprise files a written notice of appeal to the City Council with the City Clerk (with copy to the City Manager and City Attorney) within twenty (20) days of mailing of the decision. A notice of appeal to the City Council shall state the legal basis and all legal and factual contentions of the solid waste enterprise and shall include all evidence, including affidavits, documents, photographs, CDs, DVDs, and videotapes. A notice of appeal to the City Council shall not be accepted by the Clerk for filing unless accompanied by a notice of appeal filing fee in an amount to be set by City Council resolution.

C. Within sixty (60) business days of receipt by the City Clerk of a notice of appeal to the City Council, the City Council shall set the matter for a public hearing. The City Clerk shall give written notice of the time and place of the hearing, as well as publish such notice as required for public hearings. At the hearing, the City Council shall consider the administrative record, including the notice of deficiency, the solid waste enterprise's response, the City Manager's written decision, and the solid waste enterprise's notice of appeal to the City Council. The City Council shall also give the solid waste enterprise, or its representatives and any other interested person, a reasonable opportunity to be heard. The proceedings before the Council shall be an informal administrative hearing and the rules of evidence, as generally applied in judicial proceedings, shall not be applicable.

D. Based on the administrative record, the Council shall determine by resolution whether the City Manager's decision should be upheld. A tie vote of the City Council shall be regarded as upholding the City Manager's decision. If, based upon the record, the City Council determines that the solid waste enterprise is in breach of any material provision of any applicable federal, State, or local statute or regulation, or other cause for termination of the solid waste franchise, or decides to order the solid waste enterprise to cease operations in the City, the City Council, in the exercise of its sole discretion, may order remedial actions to cure the breach, or terminate forthwith the solid waste franchise or order operations in the City to cease. The decision of the City Council shall be final and conclusive.

E. The prevailing party in any administrative proceeding, including any judicial appeal of same, shall be entitled to payment of its costs and expenses, including reasonable attorneys' fees, by the nonprevailing party.

F. Nothing in this chapter shall preclude the City from exercising any other remedy, including criminal prosecution or seeking equitable relief.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.330)

A solid waste franchise or other form of City-granted solid waste collection authorization shall not be transferable, except as follows:

A. A solid waste franchise shall not be transferred, sold, sublet or assigned, nor shall any of the rights or privileges therein be leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of the solid waste enterprise or by operation of law without the prior consent of the City expressed by written resolution. For purposes of this section, any sale, dissolution, merger, consolidation, or other reorganization of the solid waste enterprise or the sale or other transfer of an accumulative ten percent (10%) or more of the voting stock of a corporate solid waste enterprise by any person, or group of persons acting in concert, who already own less than fifty percent (50%) of the voting stock of the solid waste enterprise shall be deemed a change in control. Any attempt of the solid waste enterprise to assign the solid waste franchise without the prior written consent of the City shall be void.

B. An application for a transfer of a solid waste franchise shall be made in a manner prescribed by the City Manager. The application shall include a franchise transfer application fee, in an amount to be set by the City by resolution of the City Council, to cover the anticipated cost of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to analyze adequately the application, in order to reimburse the City for such direct and indirect expenses. In addition, the solid waste franchisee shall reimburse the City for all reasonable consultants', attorneys' and staff costs not covered by the franchise transfer application fee, whether or not the City approves the application for transfer. The City's request for reimbursement shall be supported with evidence of the expenses and costs incurred. The solid waste enterprise and the applicant for transfer shall be jointly and severally liable for the payment of any reasonable consultants', attorneys' and staff costs not covered by the franchise transfer application fee.

C. The applicant for a transfer of a solid waste franchise shall have the burden of demonstrating that it has the operational and financial ability to meet all obligations of the solid waste franchise.

D. The City shall not be required to give its consent to a transfer of a solid waste franchise. As a condition to giving its consent to a transfer of a solid waste franchise, the City may require the execution of an amendment to the franchise, imposing such conditions as the City, in the exercise of its discretion, may require. The City may also require the payment of a portion of gross revenues to the City.

E. Notwithstanding the above, the holder of a solid waste franchise shall be entitled to pledge, encumber, or grant any security interest in the solid waste franchise; provided, that the holder shall first notify and obtain City consent to such transaction, subject to the following conditions:

1. Any consent so granted shall not be deemed a consent to the exercise by such pledge, encumbrancer, or secured party of any rights of the holder under the solid waste franchise, permit, franchise, or other authorization unless so noted by the City;

2. Any consent so granted shall not be deemed consent to any subsequent transfer or assignment. Any subsequent transfer or assignment shall be deemed an assignment of the solid waste franchise, permit, or other authorization within the meaning of this section and shall be void without the prior written consent of the City expressed by resolution; and the pledge, encumbrancer, or secured party shall execute and deliver to the City a written instrument, in a form satisfactory to the City Attorney, expressing agreement to be bound by the provisions of the solid waste franchise, permit, franchise or other authorization;

3. A change in DBA (a solid waste enterprise "doing business as") is considered a transfer, and requires prior consent of the City. See Section 15.44.405(B)(6) and subsection (A) of this section. If one (1) franchisee acquires another franchisee, that acquisition shall be handled in the following two (2) ways: (a) if the acquiring franchisee is to merge the acquired franchisee's solid waste enterprise with the acquiring franchisee's operations, the acquired franchisee's franchise is deemed terminated; or (b) if the acquiring franchisee elects to maintain the acquired franchise as a separate entity, it will be deemed a transfer subject to the terms of this section.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.335)