Tustin Municipal Code Part 2 Contracts for Handling of Municipal Solid Waste and Divertable Materials

a. At the General Municipal Elections in November 2006, the voters approved Initiative Ordinance No. 2006-01, which authorizes the City Council to issue competitively bid contracts as follows: "The Council may enter into contracts for the collection and disposal of solid waste material, and may establish such rules for the regulation thereof as it may from time to time deem best and necessary. The terms, as set forth in Part 4 [now this Part 2], shall be the minimum terms of any contract approved by the City Council. At least every ten (10) years City contracts for the collection and disposal of solid waste and for the collection of recyclable material shall be competitively bid according to rules and regulations adopted by the City Council and designed to secure the best level of services at the lowest price practicable. This requirement shall apply upon the termination of each City contract for the collection and disposal of solid waste material that is in effect as of the effective date of this Section. The City Council in its sole discretion may extend any contract or franchise in existence on the effective date of this Section for a period of up to three (3) years, to accommodate the completion and implementation of the competitive process required in this Section and/or to ensure a seamless transition between providers as may be necessary or desirable, subject to such conditions as the City Council determines are reasonable or appropriate."

b. Each contracted hauler providing services within the City shall obtain and maintain all appropriate licenses and all forms of authorization or contract as may be required by the City Council. Each Contracted Hauler shall comply with all applicable Federal, State, and local laws, regulations, and requirements governing collection, transportation, storage, processing and end uses of municipal solid waste and divertable materials.

c. No Person shall construct or operate a municipal solid waste or divertable materials management enterprise or facility including, but not limited to, a material recovery facility, landfill, composting facility, or buy-back recycling center, or collect any form of municipal solid waste in the City, without first satisfying all applicable City requirements for land use approval, contracts, permits, and any other approvals required under any local, State or Federal law.

(Ord. No. 1519, Sec. 2, 12-7-21)

No Person may deliver a roll-off box, bin, cart, or other municipal solid waste or divertable materials container within the City, or collect municipal solid waste or divertable materials placed in such containers from a customer within the City, prior to City approval and issuance of that person's solid waste collection contract, unless otherwise exempted under this Chapter.

(Ord. No. 1519, Sec. 2, 12-7-21)

The municipal solid waste and divertable materials collection contract will govern requirements for the contracted hauler for services covered by the contract. Where the contract is silent, the applicable requirements of this Chapter shall apply. To provide services not covered by the contract, the contracted hauler must submit a proposal to the City for approval and meet all requirements of this Chapter.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. Written notice. Except for contracted hauler and except for any person described in subsections b., c., d., e., f., g., h. and i. of this Section, it is unlawful for any person to engage in municipal solid waste handling services within the City, and all persons currently engaging in municipal solid waste handling services within the City shall cease such operations immediately upon receiving written notice from the City.

b. Actual municipal solid waste and divertable materials generators. The actual producers of municipal solid waste and divertable materials and the owners of property upon which municipal solid waste and divertable materials has accumulated may personally engage in municipal solid waste and divertable materials handling services, but only as to the municipal solid waste and divertable materials which they have actually produced or which has accumulated on their own property, and provided that they comply with the provisions of this Chapter and with any other governing laws. Except in accordance with subsection c. and subsection d. below, actual producers and property owners shall not allow any other person, except the City's Contracted Hauler, to collect the municipal solid waste which they have produced, which has accumulated on their property, or which they otherwise own or control.

c. Construction contractors. The actual producers of C&D debris and the owners of property upon which C&D debris has accumulated may engage the contractor who produced all or a part of said C&D debris to perform sorting, collection, transportation, and processing services for all or part of the C&D debris generated during the construction project; provided, that all such contractors comply with the provisions of this Chapter and with any other governing laws. Said actual producers and property owners shall not allow any other person, except for the City's Contracted Hauler or the contractor described in this subsection, to perform sorting, collection, transportation and processing services for the C&D debris which they have produced, which has accumulated on their property, or which they otherwise own or control.

d. Gardeners and landscapers. Gardeners or landscapers may transport yard trimmings or municipal solid waste generated by their work, only if transported by their own employees in the gardener or landscaper's own vehicles to permitted facilities.

e. Cleanup services. Any person whose primary business is the cleanup of municipal solid waste, yard trimming, discarded furniture, appliances and other non-hazardous household goods on the property of another and who, incidental to such business:

(1) Hauls only the yard trimmings, discarded furniture, appliances and/or other non-hazardous household goods which said cleanup service gathers, loads and transports and no municipal solid waste;

(2) Performs cleanup services such as removing junk from businesses, garages, and residential properties, but does not remove municipal solid waste, divertable materials or C&D debris from construction and demolition sites;

(3) Uses a vehicle owned or operated by the cleanup service to haul the municipal solid waste, yard trimmings, discarded furniture, appliances and/or other non-hazardous household goods which said cleanup service gather, loads, and transports, and

(4) Does not provide or use a bin, roll-off box or other container, whether or not such bin, roll-off box, or container is left at the cleanup site, to accomplish the cleanup, collection, or transportation of the municipal solid waste, yard trimmings, discarded furniture, appliance and/or other non-hazardous household goods, may transport such materials in accordance with this subsection without a municipal solid waste and divertable materials collection contract issued by the City.

f. Nonprofit charities. Nonprofit organizations or charities periodically accepting donations of recyclable materials may collect and transport the recyclable materials, provided that the organization transports the recyclable materials to a recycling facility and that organization's volunteers, interns, workers and employees comply with the provisions of this Chapter and with all other governing laws.

g. Transport only. Any person may haul municipal solid waste and divertable materials generated and collected in other jurisdictions over City streets provided they comply with the provisions of this Chapter and with any other governing laws, and provided further that they do not engage in any handling services for municipal solid waste or divertable materials generated within the City.

h. Emergencies. In the event of an emergency, including, but not limited to, the breakdown of equipment or other unforeseen or unpreventable circumstances, or where in the judgment of the City the particular situation justifies such action, the City may issue limited or temporary contracts to any person to perform handling services for municipal solid waste and divertable materials, subject to reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon; provided that such fees and charges received from or paid to any person under this subsection for any period exceeding fifteen (15) days in duration shall be approved by the City Council.

i. Recyclers/food scrap diversion for food creation or animal feed. Persons purchasing or accepting donations of recyclable materials shall not be required to become a contracted hauler. Persons purchasing, collecting for a fee, or accepting donations of food scraps for the creation of edible food or animal feed shall not be required to become a contracted hauler provided such persons provide, upon City request, documentation that the food scraps are being utilized for the purpose(s) stated.

(Ord. No. 1519, Sec. 2, 12-7-21)