Thousand Oaks Municipal Code Art. 6 Contractor and Permittee Responsibilities

(a) Residential Solid Waste, Organic Waste, and Recyclable Materials Collection Service. As directed by City Manager or designee, residential Exclusive Franchise Contractor shall collect and dispose of all Solid Waste and collect and process source-separated Organic Waste and Recyclable Materials generated at residential premises within the City and placed for collection, not less than once per week, as scheduled, unless another collection program is approved by the City Manager or designee. Exclusive Franchise Contractor may collect Solid Waste, Organic Waste, and Recyclable Materials from residential premises only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, subject to review by the City Manager or designee. Collection Containers shall be returned by Contractor to the collection point upright with lids properly secured. Residential Service Recipients may make arrangements with Exclusive Franchise Contractor to collect excess material and bulky waste; extra charges may apply to this service as approved by resolution of the City Council. White goods and ferrous metals shall be separated at the time of collection so as not to become mixed with other Solid Waste to be landfilled. Collected white goods shall be recycled to the maximum extent feasible and Contractor shall comply with all provisions of the Franchise Agreement. Special charges may apply to this service, as found in the fee schedule approved by City Council.

(b) Commercial Solid Waste materials collection service. Exclusive Franchise Contractor shall collect and dispose of Solid Waste generated at Commercial Premises within the City and placed in a Collection Container for collection from one to six (6) times per week as scheduled with each Commercial Service Recipient. Exclusive Franchise Contractor may collect Solid Waste from Commercial Premises between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, except for Holidays, subject to review by the City Manager or designee.

(c) Commercial Recyclable Materials and Organic Material collection and processing service. Exclusive Franchise Contractor shall collect and process those source-separated Recyclable Materials and Organic Waste materials generated at Commercial Premises within the City which are placed in a Collection Container for collection as scheduled with each Commercial Service Recipient. Exclusive Franchise Contractor may collect Recyclable Materials and Organic Materials from Commercial Premises between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, except for Holidays, subject to review by the City Manager or designee. Exclusive Franchise Contractor must provide and maintain its Commercial Recycling and Organic Waste Collection Service in a manner designed to ensure that all Recyclable Materials and Organic Waste collected are diverted from the landfill in accordance with AB 939, AB 1826, AB 1594, and SB 1383, and any subsequent or other Applicable Law. Commercial Contractors must ensure that the Recyclable Materials and Organic Waste collected are not disposed of in a landfill, except for residue resulting from processing. Exclusive Franchise Contractor will notify Commercial Service Recipients of the requirements to comply with the laws. Exclusive Franchise Contractor must provide the necessary volume of Collection Service to Commercial Service Units in order to be in full compliance with the law.

(d) Limited Franchise Collection Service. Temporary Bin and Roll-off service shall be provided by a Limited Franchise. Limited Franchise Contractor is entitled to place Bins and Drop Box containers and collect Solid Waste, Organic Waste, and Recyclable Materials on a temporary service basis at the premises within the City from which such Solid Waste, Organic Waste, and Recyclable Materials originate. Land clearing, Construction and Demolition projects, and residential or commercial short-term construction, vegetation clearing, tree removal, event and cleanup projects would be typical types of such temporary service. Construction and Demolition projects with an active City building and/or grading permit may be serviced continually until construction activities have been completed and/or a certificate of occupancy has been issued by the City. Other temporary service shall be provided for a maximum of 30 consecutive days per calendar year per account location. All concrete, asphalt, construction materials, dirt, Green Waste, Wood Waste, and other Organic and Recyclable Materials shall be diverted to the maximum extent possible in accordance with AB 939, AB 341, AB 1826, AB 1594, SB 1383, and any subsequent or other Applicable Law.

(e) Commercial Recycling Permit Collection Service. Subject to Permit conditions, Commercial Recycling Permittee may collect and process source-separated Organic Waste and Recyclable Materials that are generated at Commercial Premises within the City. Collection shall occur between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, subject to review by the City Manager or designee. Permittee must ensure that all Organic Waste and Recyclable Materials collected are diverted from the landfill in compliance with AB 939, AB 341, AB 1826, AB 1594, and SB 1383, and any subsequent or other Applicable Law. Permittee must ensure that all Organic Waste and/or Recyclable Materials collected are not disposed of in a landfill, except for any non-recyclable residue resulting from processing.

(f) Special collection provisions. Special collection provisions shall be as follows:

(1) Unless otherwise agreed to, the Contractor shall not be required to collect material in excess of the weekly limit of two 96-gallon carts of Garbage for residential premises, medical or infectious waste, liquid waste, hot ashes, dead animals, abandoned vehicles, explosive substances, radioactive materials, or any material defined by Federal, State, or local law as hazardous waste.

When materials referred to in subsection (f)(1) above are not collected, Contractor shall place a tag on the Collection Container which shall state the reason for refusal to collect such materials, giving references to the Code or to the section of rules and regulations which has been violated and which gives grounds for refusal.

Contractor shall keep a record listing the address of the waste identified in subsection (f)(1), and this record shall be submitted to the City Manager or designee as part of the annual report.

(2) Animal waste. Animal waste, with the exception of domestic pet waste, shall not be placed in containers for regular collection and disposal, but shall be removed by special arrangement with the Franchise hauler at the Service Recipient's expense, in accordance with all Federal, State and local laws and regulations. For purposes of this section, horses, non-domesticated animals, and livestock are not considered pets.

(g) Cleanup of illegal dumping. Each Contractor holding an Exclusive Franchise shall respond to all calls from the City Manager or designee regarding spilled or illegally dumped waste, including bulky materials, during regular work hours and, in emergencies, at night, and on weekends in accordance with the terms of the Exclusive Franchise Agreement. Contractor shall collect and deliver such waste to the appropriate disposal or processing site. In such cases, Contractor may seek reimbursement from the City as determined by the Exclusive Franchise Agreement.

(h) Collection/spillage. Contractor and/or Permittee shall exercise all reasonable care and diligence in collecting Solid Waste, Organic Waste, and Recyclable Materials to prevent spilling, scattering or dropping such waste and materials and shall immediately, at the time of occurrence, cleanup any spillage whether or not Contractor or Permittee has caused the litter. Contractor shall discuss instances of repeated spillage not caused by the Contractor directly with the responsible Service Recipient and will report such instances to the City Manager or designee. The City Manager or designee will attempt to rectify such situations with the Service Recipient if Contractor has already attempted to do so without success.

(i) Supervision of Contractors by City. The City Manager or designee shall supervise the collection and disposal of Solid Waste and collection and processing of Organic Waste and Recyclable Materials by Contractor as follows:

(1) The City Manager or designee, within the terms and conditions of this Chapter or any agreement entered into pursuant to the provisions of this Chapter, may establish the days and hours within which collection services may occur and may change the same from time to time. When such days and hours are established or changed, Contractor shall give 30 days written notice thereof to all affected residential and/or commercial and industrial Service Recipients.

(2) In all cases where the City Manager or designee shall find that practical difficulty exists in complying with the requirements of this Chapter as to the placement of Solid Waste for collection by the Contractor, the City Manager or designee shall designate where such Solid Waste shall be placed or kept for collection by the Contractor and the conditions under which shall be collected.

(3) The City Manager or designee, with City Council approval, shall make such rules, not inconsistent with the provisions of this Chapter or the agreements or permits between the City and Contractor, as may be necessary, reasonable and proper to affect the expedient, economical and efficient collection and disposal of Solid Waste and collection and processing of Organic Waste and Recyclable Materials by Contractor.

(Ord. 1688-NS, eff. December 17, 2021)

(a) General. As directed by the City Manager or designee, Contractor shall provide Residential and Commercial Service Recipients Collection Containers of sufficient number and capacity for the collection, removal and disposal of Solid Waste, Organic Waste, and Recyclable Materials. Collection Containers shall be water-tight, constructed of a material of suitable strength and durability, shall be tight-seamed, shall incorporate appropriate labelling and use of recycled content to the maximum extent possible, and shall comply with the requirements of AB 939, AB 341, AB 1826, AB 1594, SB 1016, SB 1383, and any other applicable law.

(b) Commercial Collection Containers. Contractor shall provide Collection Containers to occupants of Commercial Premises which are constructed of metal or heavy plastic, watertight and of sufficient strength to prevent the container from being broken under ordinary conditions of use and possess a fly-tight lid (Bins and Carts only) constructed of metal or heavy plastic, so as to minimize the intrusion of rainwater and minimize odor. Collection Containers shall be constructed of noncombustible material and provided with a noncombustible metal or plastic lid and approved by the Fire Department or its representative as providing adequate protection against fire hazard. At request of the Service Recipient, Contractor shall provide a container locking mechanism at rates established by the City Council.

(c) Collection Containers placed on private property shall not require a City Encroachment Permit as described in the City's Municipal Code. Collection Containers placed in the public right-of-way shall require an Encroachment Permit and be restricted to the following:

(1) Collection Containers may only be placed where vehicles can legally park.

(2) Placement is restricted to any location on the street right-of-way that has a slope less than seven percent (7%).

(3) Collection Containers shall be identified by Contractor's name and phone number on at least two (2) sides. Identification shall be visible from the street in letters a minimum of two inches (2") in height.

(4) Collection Containers shall be adequately reflectorized with a minimum of ten square inches of plastic or reflective sheeting on each corner at a height between 15" and 60 inches from the ground.

(5) Collection Containers shall only be placed at locations permissible by this Chapter and with approval of the Service Recipient requesting said service.

(6) Collection Containers shall be left in residential areas no more than 30 consecutive days per calendar year at a single location unless a time extension is granted by City Manager or designee, or unless it is for the purpose of a Construction and Demolition project with an active City building and/or grading permit in which case it may be left until construction activities have been completed and/or a certificate of occupancy has been issued by the City.

(d) Maintenance. Contractor shall maintain all Collection Containers on a regular basis so as to be functional and present a clean appearance. Within five (5) work days of being notified of the existence of graffiti, Contractor shall arrange for removal, weekends and Holidays excepted.

(e) Commercial Container replacement. Exclusive Franchise Contractor shall repair or replace, at no additional cost to Service Recipient, damaged Commercial Collection Containers, and/or Waste Enclosures including gates which are damaged as a result of service provided by Contractor for regular Solid Waste service. Exclusive Franchise Contractor shall remove and/or replace within five (5) work days of written notice from the City Manager or designee, weekends and Holidays excepted, any Collection Container which has been determined to be unsatisfactory for service by the City Manager or designee, at no cost to the Service Recipient. If such removal is not accomplished within five (5) work days of written notice, weekends and Holidays excepted, the Contractor further agrees the City Manager or designee may remove and dispose of said Collection Container and the cost of same shall be reimbursed to the City by the Contractor, less any salvage value received.

(f) Signage. All Collection Containers shall be labeled with adequate signage describing acceptable materials and the unacceptability of hazardous waste and contaminants (in the case of Recycling and Organics Collection Containers). Container size, color, design and construction content shall be approved by the City Manager or designee and shall comply with the requirements of AB 341, SB 1383, and any other Applicable Law.

(Ord. 1688-NS, eff. December 17, 2021)

(a) Organic Waste and Recyclable Materials processing. Contractor shall process, broker, or deliver Organic Waste and/or Recyclable Materials to a legally permitted processing facility at Contractor's expense, and in a manner satisfactory to the City and in accordance with all Federal, State, and local laws and regulations. Contractor shall not dispose of any material collected from residential, commercial, or industrial Service Recipients in a landfill which it has agreed to recycle or compost, without advance written notice to and approval from the City Manager or designee.

(b) Disposal. Contractor shall arrange for, and dispose of, collected Solid Waste at a City-approved disposal site in a manner satisfactory to the City and in accordance with all Federal, State and local laws and regulations at the contractor's expense. The City shall not be liable for the disposal of the collected waste.

(c) Burial or dumping. Except as otherwise expressly allowed by this Chapter, it is unlawful for any person to bury or dump Solid Waste or Recyclable Materials within the City at any time, or dump Organic Waste within the City.

(d) Transfer. Nothing in this Chapter shall be construed to prevent the transfer of Solid Waste, Organic Waste, or Recyclable Materials within the City limits from collection to transfer vehicles, provided such operation shall not be conducted in the public right-of-way or in violation of any federal, state or local law or regulation.

(Ord. 1688-NS, eff. December 17, 2021)

(a) General. The following general requirements shall be met by the Contractor:

(1) Contractor shall maintain all of its properties, facilities, and equipment used in providing service under this Chapter in a safe, neat, clean and operable condition at all times. Facilities and office equipment shall be appropriate for effective and timely data management and efficient service operation.

(2) All solid waste collection operations shall be conducted as quietly as possible and shall not exceed 75 decibels at a distance of 25' feet from the vehicle, measured at an elevation of five feet (5') above the ground level and shall conform to applicable Federal, State, and local regulations.

(b) Specifications and restrictions on collection vehicles. Contractor shall have available on collection days sufficient back-up vehicles for each type of collection vehicle used (i.e., rear-end load, side load, front-end load, or roll-off) to respond to service complaints and emergencies.

The following requirements and restrictions shall apply to collection vehicles:

(1) The transportation of all Solid Waste, Organic Waste, and Recyclable Materials shall be in a leak-proof and fly-proof Collection Container or in leak-proof vehicle bodies or compartments fitted with sliding or hinged covers which shall be kept closed at all times, except one cover at a time may be open during loading.

(2) All loaded Roll-Off containers shall have a minimum covering of a clean tarpaulin which shall be securely placed over the entire load and tied down during transportation.

(3) All trucks or vehicles used for service in the City shall be painted the colors as approved by the City Manager or designee. Contractor's name, telephone number and unique vehicle identification number shall be located on each side and the rear of each collection vehicle and shall be a minimum of four inches (4") in height and in a contrasting color with the background to highlight the information to the public, unless other identification methods are approved by City Manager or designee.

(4) Each vehicle to be used within the City shall be inspected annually or at will, as designated by the City Manager or designee, and shall conform to all provisions of the California Vehicle Code, City of Thousand Oaks Municipal Code and be in satisfactory mechanical and presentable condition free of noxious odors. Contractor shall keep on record and have available for City review, evidence of vehicle inspections conducted. The City Manager or designee's decision as to the serviceability of each vehicle shall be final.

(5) All vehicles used for transporting Solid Waste, Organic Waste, and Recyclable Materials shall not exceed the allowable legal load limits.

(6) All vehicles used for collecting or transporting Solid Waste, Organic Waste, and Recyclable Materials shall be equipped with an audible warning device that is activated when the vehicle is backing up.

(7) The City Manager or designee shall require the Contractor to remove from service or repair those vehicles that do not comply with these specifications.

(c) Use of vehicles. The following shall apply to the use of vehicles for Solid Waste, Organic Waste, and Recyclable Materials collection:

(1) No person shall leave trucks loaded with Solid Waste, Organic Waste, and Recyclable Materials parked for more than a 24-hour period on the City streets.

(2) Each vehicle of the Contractor shall at all times have in the cab the registration of the truck, a five (5) pound fire extinguisher certified by the California State Fire Marshal, a certificate of insurance card and an identification card with the name of whom to contact in case of an accident. Each vehicle shall also be equipped with two-way radio unless an exception is made in writing by the City Manager or designee.

(3) Contractor shall inspect each vehicle daily to ensure all equipment is operating properly. Vehicles that are not operating properly shall be taken out of service until they are repaired and do operate properly. The City Manager or designee's decision as to the serviceability of each vehicle shall be final.

(4) Contractor shall perform all maintenance functions in accordance with the manufacturer's specifications and schedule.

(5) Contractor shall keep accurate records of all vehicle maintenance, according to date and mileage, and shall make such records available to the City Manager or designee upon request.

(6) Contractor shall furnish the City Manager or designee a written inventory of all vehicles, including collection vehicles, used in providing service, and shall update the inventory annually.

(7) If required by State law, California Highway Patrol inspection reports shall be provided for each collection vehicle on an annual basis and shall be submitted with the annual report.

(8) Contractor shall clean all vehicles inside and out at least once each week when in use or when necessary at the discretion of the City Manager or designee.

(Ord. 1688-NS, eff. December 17, 2021)

Contractor shall employ only competent, qualified, sober and drug-free personnel who can effectively communicate and serve the public in a courteous, professional, helpful, and impartial manner.

(a) Nondiscrimination. Contractor shall hire and promote with equal opportunity to all without regard to sex, sexual orientation, age, race, color, religious creed, national origin, ancestry, political affiliation, marital status, disability, or other non-merit factors.

Contractor shall operate in accordance with the Immigration Reform Act of 1986 and verify that once an employment offer has been made, that each employee has written proof of his/her right to work in the United States. A copy of the employee's State of California driver license and social security card must be submitted to the Contractor prior to employment and shall be kept on file for the duration of the person's employment and for two (2) years thereafter.

(b) Americans with Disabilities Act. Contractor shall comply with all provisions of Title 24 of Americans with Disabilities Act (ADA) prohibiting employment discrimination against qualified individuals with disabilities.

(c) Licenses. Any employee driving Contractor's vehicles shall, at all times, have in his or her possession a valid and legally appropriate vehicle operator's license issued by the State of California.

(d) Training. Contractor shall comply with all Federal, State and local regulations relating to the training and the documentation of training of personnel who operate vehicles or other equipment. Contractor shall train its collection employees to identify, and not to collect hazardous waste or infectious waste that is placed in Solid Waste Collection Containers.

(e) Uniforms. Contractor holding an Exclusive Franchise shall require each employee to wear clean uniforms bearing the Contractor's name when engaged in collection service on public streets. Contractor's employees who normally come into direct contact with the public, including drivers, must bear some means of individual photographic identification such as a name tag or identification card. Contractor shall be responsible for maintaining uniforms in a clean, neat and well-mended appearance.

(f) Supervision. Contractor shall designate at least one qualified employee as supervisor of field operations within the City. The field supervisor will conduct regular field investigation of collection operations, including responding to complaints. Contractor shall also provide an alternate contact when the field supervisor is absent.

(g) Identification. Contractor shall provide collection employees with company identification materials which shall be available to the public upon request. The City may, at its option, require fingerprinting of the Contractor's employees whose service will cause them to enter onto or work in close proximity to private property.

(h) Gratuities. Contractor's employees may not accept gratuities of any kind.

(Ord. 1688-NS, eff. December 17, 2021)

(a) Office location. Exclusive Franchise Contractor shall provide a local office within Ventura County, or as approved by the City Manager or designee.

(b) Telephone service. Exclusive Franchise Contractor shall maintain a toll-free telephone service for the entire City. A 24-hour emergency number shall be made available to City Manager or designee.

(c) Prompt response. Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all Service Recipients complaints. Contractor shall respond to all complaints from Service Recipients within 24 hours, weekends and Holidays excluded.

(d) Complaint log. Contractor shall maintain a log of all complaints received in a format approved by the City Manager or designee. The log shall include, but is not limited to, the date, time, address of premises, description of complaint and method of resolution. Contractor shall submit a quarterly summary of such log to the City Manager or designee in a City-approved format.

(e) Complaint reimbursement. Contractor shall reimburse the City for all labor and materials expended by the City if the City is required to assist in resolving complaints from Service Recipients concerning Contractor service. In such cases, the City shall invoice Contractor for such costs, indicating the name and address of the Service Recipient, nature of complaint, amount of time spent, hourly rates for employees involved, and materials required to resolve the complaint.

(Ord. 1688-NS, eff. December 17, 2021)

(a) Contractor shall keep and preserve during the term of the Franchise or Permit, full, complete and accurate records which shall be subject to review and reproduction by the City Manager or designee.

(b) Contractor shall make available to the City Manager or designee for examination the records maintained pursuant to this section as may be necessary to assist the City in meeting its obligations under AB 939, AB 1826, SB 1383, and any subsequent applicable laws.

(c) The City Manager or designee shall have the right to audit, inspect or review the specific documents or records required pursuant to this Chapter, or any other similar records or reports of Contractor which it shall deem, at its sole discretion, necessary to evaluate annual reports, rate review applications, and contractor's performance review.

(Ord. 1688-NS, eff. December 17, 2021)

Contractor shall be responsible to carry out its duties imposed by law, agreement and/or permit, to notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and local emergency response providers, and, if appropriate, the National Response Center, of reportable quantities of abandoned hazardous waste, found or observed by Contractor's officer's agents or employees anywhere within the City, including, but not limited to, on, in, under or about City property, and other publicly and privately owned properties. Contractor will also immediately notify the City Manager or designee of each incident or occurrence and under or pursuant to any Federal, State, or local laws to protect, hold harmless and indemnify the City and their respective appointed and elected officers, employees, volunteers, and agents.

(Ord. 1688-NS, eff. December 17, 2021)

(a) Contractor shall strictly observe and protect the rights of privacy of Service Recipient. Information identifying individual Service Recipients, or the composition or contents of a Service Recipient's refuse or recyclables materials container shall not be revealed to any person, governmental or private agency or company, unless upon the authority of a court of law, by statute, or upon written authorization of the Service Recipient. This provision shall not be construed to preclude Contractor from providing such data to City for compliance monitoring or tracking purposes, waste data analysis, service transition, or from preparing, participating in, or assisting in the preparation of waste characterization studies, waste stream analyses or other reporting which may be required by State law or as otherwise requested by the City Manager or designee.

(b) Contractor shall not market or distribute lists containing any or all the following information: name, address, telephone number, or email addresses of Service Recipients.

(c) The rights accorded Service Recipients pursuant to this Chapter shall be in addition to any other privacy rights accorded Service Recipients pursuant to Federal, State or local law.

(Ord. 1688-NS, eff. December 17, 2021)

If Contractor's employees or subcontractors cause any injury, damage or loss to City property, including but not limited to City streets or curbs, excluding normal wear and tear, Contractor shall be liable and must reimburse City for City's cost of repairing or replacing such injury, damage or loss. Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such injury, damage or loss. With the prior written approval of City, Contractor may repair the damage at Contractor's sole cost and expense. Any injury, damage or loss to private property caused by the negligent or willful acts or omissions of Contractor to private property must be repaired or replaced by Contractor at Contractor's sole expense. Disputes between Contractor and its Service Recipients or private property owners as to damage to private property are civil matters and complaints of damage will be referred to Contractor as a matter within its sole responsibility.

(Ord. 1688-NS, eff. December 17, 2021)