Tracy Municipal Code Art. 4 Grant of Franchise—City Rights

(a) The City reserves unto itself the exclusive right to collect, transport, haul, and dispose of or cause to be collected, transported, hauled, and disposed of, all refuse, recyclable materials, organic materials, and construction and demolition debris produced or found within the City. It is unlawful for any person to collect, transport, haul, or dispose of any of the above materials within or from the City except as expressly provided in this Chapter.

(b) The City reserves the right to establish new programs and to place responsibility of implementation on the City, contractor, or a third party.

(c) The City directs any franchised contractor, and any other parties transporting refuse, recyclable materials, organic materials, or construction and demolition debris generated within the City to deliver all such collected material to the Tracy MRF.

(d) The City Council shall have the power to make rules and regulations from time to time governing the transportation of collected materials through the streets.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)

(a) The City shall make and enter into a franchise agreement for the collection, processing, and/or disposal of all residential, commercial, and industrial refuse, recyclable materials, organic materials, and construction and demolition debris provided for collection in the City in accordance with and subject to the terms and conditions of this chapter and other conditions City Council may impose. The contractor and its agents shall have the sole and exclusive right to collect all refuse, recyclable materials, organic materials, and construction and demolition waste for residential, commercial, and industrial properties within the City except as provided in § 5.20.080 or as defined as an exclusion of scope in an operative franchise agreement between the City and contractor.

(b) The contractor shall be responsible for assisting the City in meeting and maintaining the diversion goal requirements of the Act, and in entering into contract with the City to provide such services, acknowledges that diligent contractor services are necessary to meeting and maintaining the diversion goals.

(c) The services provided by the contractor do not constitute a "public work" and are not subject to California Labor Code sections 1720—1901.

(d) Any such contractor shall give a bond payable to the City, in an amount set by resolution of the City Council and in the franchise agreement, for the faithful performance of the duties imposed by this chapter.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)

The rights and privileges herein granted to contractor shall in no way prevent or restrict the City or other parties from any of the following:

(a) The City or private parties from donating or selling a recyclable or salvageable material, including edible food and scrap metal, which has been generated and segregated by such party from other materials to any party of their choice, provided that such sale or donation is a true sale or donation.

(b) Allowing the self-hauling and disposal of discarded materials, including construction and demolition debris, organic material, grass clippings, prunings, and other discarded materials by the generator of the material(s), as long as:

(1) The discarded materials are generated from residential activities on the generator's own property, or are generated directly as a result of the work of specialized and distinct business operations whose primary business is not janitorial, cleaning, waste disposal, or transportation or collection.

(2) Any self-hauling related to a commercial or industrial activity or related to a service provided to a third-party, that:

(i) is done as an integral part of the commercial or industrial activity, or is incidental to the commercial or industrial activity performed by a third-party contractor, and

(ii) conforms with usual practices for such work in other communities that have exclusive refuse collection franchises.

(3) The self-hauling and disposal is done using the generator's, contractor's, or landscaping company's own personnel and vehicles. Self-hauling excludes the use of, or sub- contracting to, independent haulers, third parties, affiliates, or subsidiaries.

(4) A record will be kept by the self-hauler of the amount of organic waste delivered to each disposal facility, operation, activity, and property that processes or recovers organic waste. This record shall be subject to inspection by the City and shall include the following: delivery receipts, weigh tickets, and amount in cubic yards transported. If there are no scales present, weight tickets are not required. Residential organic waste self- haulers are not required to record or report this information.

(c) Delivery of self-haul materials directly to a transfer station, materials recovery facility, or disposal facility in a manner consistent with the TMC and other applicable laws; provided, however, that this provision does not create an exemption from any law requiring payment for collection services, whether those services are utilized or not.

(d) Permitting other entities to haul and dispose of septic tank, sand trap, and grease trap contents.

(e) Providing the collection of refuse in connection with the City's street cleaning service.

(f) Permitting other entities to carry out the City's annual weed abatement program.

(g) Discarded material from the City's tree trimming program, leaf collection, and/or debris collected during clean-up events if conducted by City crews, as may be provided in the franchise agreement.

(h) Provision of any other service that is not specified in this chapter, that normally would be considered to fall within the contractor's services, and that the contractor explicitly waives its right to provide by written notice to the City.

(1) The provisions of this chapter shall not preclude or prohibit the City from utilizing its own forces or any officer or employer thereof, from collecting, removing, and disposing of refuse from the City's facilities; or to preclude or prohibit the State utilizing its own forces; or any governmental subdivision of the State utilizing its own forces; or any employee of either from collecting, removing, and disposing of refuse from the State's or governmental subdivision's facilities, respectively.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)