South El Monte Municipal Code Art. 2 Annual Solid Waste Collection Permits

No person shall collect and/or dispose of solid waste or recyclables in the city without having first been issued a franchise pursuant to Article 3 of this chapter, or an annual solid waste collection permit pursuant to this article. Such permit shall be in addition to any business license or permit otherwise required by the city. No permit issued by any other local governmental agency authorizing collection of solid waste or recyclable materials shall be valid in the city. Collectors performing solid waste and/or recyclables collection on the effective date of this chapter may continue to operate only until the right to do so is terminated or revoked, or until the expiration of the notice provided to them in compliance with Public Resources Code Sections 49520 and 49521 or any extension of that time period approved by the city, and only if such entities have obtained all applicable licenses and permits from the city. Except for the provisions of Article 3 all such permittees shall comply with the requirements of this chapter.

(Ord. 948 §1, 1994)

Applications shall include, but not be limited to:

A. Name and home address of applicant;

B. Business address, and addresses where all vehicles will be stored;

C. Form of organization such as proprietorship, partnership, joint venture or corporation, and the names and home addresses of owners and officers and their percentage of ownership, if greater than five percent;

D. A description of each vehicle and other equipment that the applicant owns or has under its control, including the age and mechanical condition of each vehicle, a statement as to whether the vehicle is self-loading, leakproof, meets the requirements contained in Article 5 of this chapter, the service in which each vehicle shall be placed and evidence that the applicant owns or has the right to the use of the vehicles;

E. A statement of applicant's experience and a list of other jurisdictions where applicant operates;

F. Any additional facts which demonstrate that the applicant is able, at all times, to comply with city laws and to provide service in a safe and efficient manner and to render workmanlike and efficient service;

G. A copy of applicant's current financial statement;

H. A list of clients which the collector will service in the city and a map of the collector's service area;

I. The classification of property to be serviced by the applicant and the classification of solid waste and recyclables to be collected by the applicant;

J. Proposed collection rates to be charged by applicant;

K. A statement as to whether the applicant has been convicted of any felony or misdemeanor, the nature of the offense, and the punishment or penalty assessed therefore, exclusive of traffic violations not constituting a felony;

L. Detailed information regarding recycling services offered to clients and a listing of clients currently receiving recyclable collection service;

M. Requested tipping receipts, weight tickets/invoices and supporting documentation;

N. Any other information requested by the city manager.

(Ord. 948 §1, 1994)

Each permittee shall pay a yearly fee in an amount determined by resolution of the city council.

(Ord. 948 §1, 1994)

Any permit issued under this chapter shall be for a term or not more than one year and shall expire June 30th of each year.

(Ord. 948 §1, 1994)

A permit issued under this chapter shall not be transferred, delegated or assigned. No permittee shall sell, assign, hypothecate, relinquish, surrender or transfer its interest in a permit to any person or collector or allow another person or entity to use its permit in any act for which a permit is required without the prior written consent of the city council. The restriction includes the transfer of ownership or the majority of ownership or control of the permittee, or a transfer of a majority of the permittee's stock to another person.

(Ord. 948 §1, 1994)

After review of the permit application, the city manager may deny the issuance of an annual collection permit based on information disclosed in the permit application. Denial of an annual permit may be based on an incomplete application, failure to demonstrate qualifications or financial responsibility necessary to comply with the requirements of this chapter, failure to supply required reports, or previous violations of any provisions of this chapter. Upon denial, the city manager shall provide the collector written notification of the reasons therefore and shall include the effective date of such denial. Written notification of denial shall be delivered in person or certified first class mail to the collector.

(Ord. 948 §1, 1994)

After a hearing as provided for in this chapter, the city manager may revoke or suspend any permit if the collector has violated a provision of this chapter or of the permit agreement or any other applicable law, ordinance or regulation of any public agency. It is unlawful for any collector to operate under a permit which has been revoked or suspended.

(Ord. 948 §1, 1994)

The city manager, without a hearing, may suspend a permit for not more than sixty days, if the city manager finds that continued operation by the permittee will constitute a threat to the public health, safety or general welfare.

(Ord. 948 §1, 1994)

The city manager, or agent, shall serve a notice of the hearing of revocation of permit on the permittee or collector by first class mail no less than fifteen days prior to such hearing.

(Ord. 948 §1, 1994)

In the event of the revocation of a permit, the city manager shall notify the permittee or collector in writing of the reasons therefor. Such notification may be made in person or by registered/certified mail. The notice of ruling shall include, without limitation, the effective date of any revocation of a permit to collect solid waste.

(Ord. 948 §1, 1994)

A collector may appeal the revocation or denial of a permit, provided written notice is received by the city clerk of South El Monte within fifteen calendar days after notice by the city manager of revocation or denial or any notice of ruling from the city manager advising of the revocation or denial of a permit. Written notice sent to the city clerk requesting an appeal shall address specific reasons why an appeal should be granted and shall address the issues brought forth in the notice of ruling.

(Ord. 948 §1, 1994)

The city council may either affirm the action of the city manager, refer the matter back to the city manager for further consideration, or set the matter for hearing before itself. If the council sets the matter for hearing, and a hearing has been conducted, the council may uphold the decision of the city manager to revoke, deny or suspend a permit, award a permit, refer the matter back to the city manager for further review or issue a conditional or probationary permit. If the council sets the matter for hearing, it shall base its action upon the standards delineated in Sections 13.12.090 and 13.12.100. Notice of such hearing shall be sent to the collector not less than fifteen days prior to the hearing.

(Ord. 948 §1, 1994)

A. Upon revocation or denial of a permit by the city manager or council on appeal, the collector shall cease operations in the city within the period of time determined by the city manager or council on appeal but in no event shall the collector operate for more than forty-five days after notice of revocation or denial.

B. The collector shall provide each of its customers written notification of termination of service within ten days of revocation or denial of permit. Such notice shall have attached a listing of all eligible permitted collectors in the city.

(Ord. 948 §1, 1994)