Part 7

• A. Any person or entity reported to be in violation of an exclusive franchise agreement will be advised in writing by the city to cease such activities immediately but no later than five business days from which the city's notice is dated. If such person or entity continues to violate any part of this provision after notification by the city, such person or entity will be fined up to one thousand dollars for each violation. Each separate day, or any portion thereof, during which any violation of this chapter occurs or continues shall constitute a separate offense.

• B. The city reserves the right to impound any vehicle, solid waste or recycling bin or container that is found to be in violation of this code or any other applicable legislative requirements of the code. In addition, the franchised collector is authorized to impound recycling bins or containers found to be in violation of this code, or any other applicable legislative requirements of the code. Every vehicle, container or bin within the city is subject to impound in accordance with the provisions in this code. Vehicles, bins or containers, located within the city limits shall be required to display a city-issued decal for proper identification and recognition of permitted solid waste entities authorized to operate in the city. The following terms and conditions shall apply when a vehicle, bin or container is to be impounded in the city.

  1. Once the city receives a report of an unauthorized vehicle, bin or container, the city or the franchised collector will send out a notice, as described in subsection A of this section, and will initiate hauling orders on the third business day after the date of such notice. This notice requirement is not applicable where the registered owner of the vehicle, bin or container cannot be identified.

  2. If a vehicle, bin or container is seized from a solid waste enterprise, person or business, the city or franchised collector shall give notice to the registered owner, if identified, within three business days, by first-class mail. The registered owner will be given three business days to remove its vehicle, bin or container before any fines are imposed. Failure to notify the legal owner within three working days shall prohibit the city from charging more than fifteen calendar days' impoundment fine when a registered owner redeems the impounded vehicle, bin or container. This notice requirement is not applicable where the registered owner of the vehicle, bin or container cannot be identified. All vehicles, bins or containers will be towed or transported to a location determined by the city for storage.

  3. No vehicle, bin or container shall be released pursuant to this section except upon presentation of written authorization of the city. Written authorization from the city shall be provided once the fines and costs have been paid. The amount of fines and will be determined by resolution of the city council. Prior to releasing the vehicle, bin or container, the registered owner must pay all costs related to impounding, towing, transporting or storing the vehicle, bin or container. The registered owner or his or her agent is responsible for all towing, transportation and storage charges related to the impoundment and any administrative charges authorized under this code. Once all fines and costs have been paid, the vehicle, bin or container shall immediately be returned to the registered owner.

  4. The city shall release a vehicle, bin or container to the registered owner or his or her agent, without payment of any fines under any of the following circumstances:

     • a. When the vehicle, bin or container is stolen;

     • b. When the vehicle, bin or container is subject to bailment and is driven and or placed at a location by an unlicensed employee of the business establishment, including a parking service or repair garage.

  5. After the expiration of six weeks from the date of the initial impound, the city may treat the vehicle, bin or container as lost or abandoned property.

  6. For purposes of this chapter, costs shall include, but not be limited to, towing transportation costs, disposal of contents, storage, and administrative and ancillary costs.

• (Ord. 2096 § 1, 2-25-2002; Ord. 2194 § 1, 5-24-2005)

• A. Every occupant of a commercial or industrial property desiring to provide removal of solid waste or recycling materials created by their own activity shall first obtain and maintain in full force and effect a self-hauler permit and shall provide solid waste and recycling material removal service in accordance with said self-hauler permit and this code.

• B. Application for self-hauler permits shall be made to the business license division and shall be accompanied by a nonrefundable fee of five hundred dollars a copy of an insurance certificate for the vehicle transporting such solid waste or recycling materials and a copy of the applicant's business license.

• C. The business license division shall issue the permit upon determining that the applicant is able to transport all solid waste and recycling materials in a safe and sanitary manner and in accordance with all the provisions of this chapter.

• D. Such permit shall be effective for one year from the date of its issue.

• E. If the applicant is denied by the business license division, the applicant shall be provided with a full statement of reasons for the denial.

• F. A permit may be revoked by the business license division for any violation of the code or the law.

• G. A denial or revocation may be appealed to the department of public works whose decision shall be final. Such appeal shall be filed with the city clerk within ten days after the receipt of the business license division's written notice of denial or revocation.

• H. All solid waste and recycling material removal pursuant to a valid self-hauler's permit shall be accomplished by the permit holder or the holder's own employees using the permittee's own equipment.

• I. All solid waste and recycling materials removed pursuant to a self-hauler's permit shall be deposited only at authorized and licensed solid waste disposal sites.

• J. Every holder of a self-hauler permit shall submit legible copies of landfill receipts to the business license division on or before the tenth day of every third month, commencing the third full month after a self-hauler permit has been issued. (Ord. 2097 § 1, 5-13-2002)

Part 8.

Recycling Of Commercial Solid Waste And Organic Waste

For the purposes of this part, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:

• A. "Business" means (i) a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or (ii) a multifamily residential dwelling.

• B. "Commercial solid waste" means all types of solid wastes generated by stores, offices and other commercial sources, excluding residences, and excluding industrial wastes.

• C. "Organic waste" means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.

• D. "Self-haul" means to act as a self-hauler.

• E. "Self-hauler" or "self-hauling" means a business that hauls its own waste rather than contracting for that service.

• F. "Waste generator" means (i) a business (other than a multifamily residential dwelling) operating in the city of South Gate that generates more than four cubic yards of commercial solid waste per week, and (ii) a multifamily residential dwelling of five units or more.

• (Ord. 2021-08-CC § 2, 7-27-2021)

• A. A business that is a waste generator shall arrange for recycling services consistent with this section by taking at least one of the following actions:

  1. Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements (which must comply with the requirements of this chapter) for the pickup of recyclable materials. A waste generator that elects to self-haul shall obtain a selfhauling permit from the city and shall otherwise comply with the requirements of Section 13.100.420.

  2. Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.

• B. A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section.

• (Ord. 2021-08-CC § 2, 7-27-2021)

1. Statutory Reference: Public Resources Code §§ 42649.1 and 42649.8.

2. Statutory Reference: Public Resources Code § 42649.2.

3. Statutory Reference: Public Resources Code § 42649.81.

• A. A business that is a waste generator shall arrange for recycling services specifically for organic waste consistent with this section. The requirements of this section shall be in addition to, and not instead of, the requirements of Section 13.100.440.

• B. A business that is a waste generator shall take at least one of the following actions:

  1. Source separate organic waste from other waste and subscribe to a basic level of organic waste recycling service that includes collection and recycling of organic waste.

  2. Recycle its organic waste on site or self-haul its own organic waste for recycling. A waste generator that elects to self-haul shall obtain a self-hauling permit from the city and shall otherwise comply with the requirements of Section 13.100.420.

  3. Subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste.

  4. Make other arrangements consistent with any of the following: (a) a franchise granted by the city; (b) a contract, license, or permit to collect solid waste previously granted by the city; or (c) the existing right of a business to sell or donate its recyclable organic waste materials.

• C. A business that is a property owner may require a lessee or tenant of that property to source separate their organic waste to aid in compliance with this section.

• D. A business generating organic waste which is subject to this section shall arrange for the recycling services required by this section in a manner that is consistent with the requirements of this part.

• E. The contract or work agreement between a business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this part. The "gardener's exclusion" set forth in Section 13.100.180 is not intended to, and shall not, limit the applicability of this subsection.

• F. A business that is a multifamily dwelling is not required to arrange for the organic waste recycling services specified in subsection B of this section for food waste that is generated by the business.

• (Ord. 2021-08-CC § 2, 7-27-2021)

• A. The city may charge and collect a fee from a business that is a waste generator in order to recover the city's costs incurred in any or all of the following: (i) enforcing Section 13.100.440; (ii) creating, implementing, revising, replacing or administering the commercial solid waste recycling program which the city is obligated to implement pursuant to Public Resources Code Section 42649.3; and (iii) otherwise complying with the requirements of Chapter 12.8 (Recycling of Commercial Solid Waste) of Part 1 (Integrated Waste Management) of Division 30 (Waste Management) of California's Public Resources Code.

• B. In addition to the fee authorized by subsection A of this section, the city may also charge

4. Statutory Reference: Public Resources Code §§ 42649.6 and 42649.85.

and collect a fee from a business that is a waste generator in order to recover the city's costs incurred in any or all of the following: (i) enforcing Section 13.100.450; (ii) creating, implementing, revising, replacing or administering the organic waste recycling program which the city is obligated to implement pursuant to Public Resources Code Section 42649.82; and (iii) otherwise complying with the requirements of Chapter 12.9 (Recycling of Organic Waste) of Part 1 (Integrated Waste Management) of Division 30 (Waste Management) of California's Public Resources Code.

(Ord. 2021-08-CC § 2, 7-27-2021)

• A. Each business that is a waste generator must, by March 15th of each year, report to the city (on forms approved by the city) information regarding that business's compliance with Sections 13.100.440 and 13.100.450. That report shall include information as to (i) how commercial solid waste and organic waste are being recycled; (ii) the types of commercial solid waste and organic waste being recycled; (iii) the yearly total amount, in pounds or tons, of commercial solid waste and organic waste being recycled; and (iv) any other information reasonably requested by the city relative to the business's compliance with Sections 13.100.440 and 13.100.450.

• B. Any business that has not submitted the report required under subsection A of this section by March 15th may be issued a warning by the city.

• C. Any business that has not submitted the report required under subsection A of this section by April 1st may be issued a citation by the city. The citation will require payment by the business of a fine in an amount to be determined by the city.

• D. Subsequent failures by a business to comply with the requirements of subsection A of this section may subject the business to additional fines and penalties, at such times and in such amounts as the city deems necessary to enforce compliance with the provisions of this part.

• E. In addition to the remedies set forth in subsections C and D of this section, the city shall have the right to take other actions which the city deems necessary to enforce a business's compliance with the provisions of this part, including without limitation (i) revoking the business's self-hauling permit, if any, and/or (ii) enrolling the business in any commercial solid waste recycling program and/or any organic waste recycling program operated by the city or by a waste hauler franchised by the city.

• (Ord. 2021-08-CC § 2, 7-27-2021)

5. Statutory Reference: Public Resources Code §§ 42649.3(e) and 42649.82(e)(1).