Torrance Municipal Code Art. 7 Waste Diversion, Recycling and Graffiti

(Amended by O-3789; O-3898; O-3926)

a) Each person, firm, or corporation engaged in the collection of solid waste within the boundary limits of the City of Torrance (hereinafter referred to as "waste hauler") must meet or exceed the City’s requirements of the Source Reduction and Recycling Element (SRRE) with respect to the solid waste it collects within the City, including but not limited to compliance with the requirements set forth in the California Integrated Waste Management Act of 1989 (AB 939), Mandatory Commercial Recycling (AB 341, 2011), Mandatory Commercial Organics Recycling (AB 1826, 2014), Short-Lived Climate Pollutant Reduction Act (SB 1383, 2016), or any source reduction programs including recycling, composting, special waste, education and public information programs instituted by the City. In furtherance of those requirements, each waste hauler must defend, indemnify, and hold harmless the City, the City Council, and all members of boards and commissions against any fines or penalties imposed by the State of California in the event that (1) the goals of AB 939, AB 341, AB 1826, SB 1383 or other applicable legislation are not met by the City with respect to the quantity of the solid waste collected and the percentage of diversion attained by that waste hauler, or (2) that the waste hauler has delayed in providing information which prevents the City from submitting reports in a timely manner required by AB 939, AB 341, AB 1826, SB 1383 or other applicable legislation, or (3) the waste hauler does not put forth a good faith effort in meeting or exceeding the established goals and criteria of AB 939, AB 341, AB 1826, SB 1383 or other applicable legislation as may be amended from time to time, the programs detailed in the City’s SRRE, or other provisions of the Torrance Municipal Code which may cause or result in potential liability being incurred by the City.

b) Each waste hauler must comply with the following solid waste diversion schedule. The City will have the discretion to reduce or amend the provisions of this section should the State of California and/or other legislative body reduce, relax, or amend the requirements of AB 939 and/or those requirements imposed by other applicable legislation:

1. Year 1998 diversion – 30%;

2. Year 1999 diversion – 40%;

3. Year 2000 diversion and continuing diversion – 50%.

c) Each waste hauler must not commingle solid waste collected from outside the City with that collected within the City. In the event such a practice is not practical for that waste hauler, the waste hauler must establish an accounting system subject to the reasonable satisfaction of the City to ensure accurate measurement of solid waste collected outside the City and solid waste collected within the City limits when submitting the quarterly reports required by Section 43.6.040.

d) Should a waste hauler fail to comply with the recycling provisions set forth in this Code, the City reserves the right to require that a solid waste characterization study be performed on the non-complying hauler’s waste stream. Should the City require such a waste characterization study to be performed, it will be performed by an independent firm designated by the City and the expense of such study and any related administrative expenses from the City will be solely borne by the waste hauler. In the event the City makes the determination that an independent waste characterization study is warranted, the City will set and approve any and all procedures and/or minimum specifications relative to the conducting of the study.

e) Each waste hauler must defend, indemnify and hold the City, the City Council, each member thereof and all officers, employees, and agents of the City, and all members of boards and commissions from and against any and all fines, losses, penalties, claims, damages, liabilities or judgments, including attorneys’ fees arising from or attributable to any repair, clean up or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan concerning any hazardous substance in any solid waste collected, sorted, stored or disposed of resulting in a release of a hazardous substance into the environment which may arise as a result of waste collected within the City by the waste hauler. This indemnity is intended to operate as an agreement pursuant to Section 107(3) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., and California Health and Safety Code Section 25364, to defend, protect, hold harmless and indemnify the City from all forms of liability under CERCLA, other statutes or common law for any and all matters addressed in this Section and will be limited to the extent of the City’s liability. This provision will survive the expiration of the period during which collection services are provided. The CERCLA liability provisions required under this Section will be applicable to all solid waste and recyclable materials a waste hauler may dispose of during the period in which collection services are provided. The City will have the discretion to require each waste hauler to pay into a CERCLA indemnification fund to assist in defending the City against CERCLA liability. If so directed, the funds exacted for CERCLA indemnification will be set by resolution of the City Council and will be deposited into a special CERCLA Defense Fund. The Director of Finance is hereby authorized under this Section to establish the appropriate accounting procedures in accordance with the provisions set forth in this Chapter. Funds deposited into this special fund, together with any accrued interest thereon, will be used and applied to protect and indemnify the City against any claims which may arise. The City may from time-to-time loan or advance such funds available in the CERCLA Defense Fund account into other special accounts necessary to protect and defend the City against potential liability. The funds deposited under this Section will remain with the City during the entire period for which liabilities may be incurred. Liability established under this Section will be specific to the quantity of solid waste a waste hauler may have disposed of either in the present or the past at a specified landfill or other depository establishment falling under the context or purviews of CERCLA as may be amended from time to time. Nothing contained within the context of this Section or ordinance will prevent, limit, or otherwise alter the City’s alternatives to the extent allowable by law.

f) Each waste hauler, or any other person, firm, or corporation, who provides containers for solid waste storage at various places of business, industry, or residential units from which they collect, must maintain such solid waste containers free from graffiti. Each solid waste container that shows graffiti must be repainted, cleaned, or replaced within 7 days of the first discovery or reporting of the graffiti.

g) Each waste hauler must provide on-call large item pickup service for each multi-family premises that it serves. The hauler must make a minimum number of large item pickups available to each multi-family premises at no additional charge (i.e., as an included component of its basic service) each year. The minimum number of large item pickups to be provided at no charge is equal to one per quarter and includes up to 20 items at no additional cost. Additional pickups/items may be made subject to an additional charge to be negotiated between the hauler and the customer. Large item pickups must be completed on the next scheduled collection day from when a customer requests such service. There shall be no size or weight restrictions with respect to large items except that the hauler shall not be required to remove any items that may not be safely handled by two persons. Additionally, items in the parkway or alley adjacent to the property address reported by the City must be collected by the hauler within 24 hours.

h) The waste hauler must, at no additional charge, collect, transport, and cause to be recycled all holiday trees from the serviced account during the period beginning on December 26 and ending on the third Saturday in January.

i) Failure to comply with the requirements of this article may constitute grounds for license denial, suspension, or revocation pursuant to Article 9, Chapter 1, Division 3 of this code.