Tustin Municipal Code Part 4 Contracted Hauler Operations

a. Contracted hauler shall maintain an office at a fixed place and shall maintain a telephone at the office listed in the current telephone directory in the name under which it conducts business in the City, and shall at all times between the hours of 8:00 a.m. and 5:00 p.m. weekdays and between 8:00 a.m. and 12:00 p.m. on Saturdays, have an employee or agent at the office to receive service request, complaints and inquiries. Each office shall be staffed with a knowledgeable Person, trained to respond to customer questions and complaints. An emergency telephone shall be provided to the City for use outside normal business hours.

b. The protection of the public health, safety, and welfare require that service complaints be acted on promptly and that a record be maintained in order to permit the City and its contracted hauler to identify potential public health and safety problems. During office hours, contracted hauler shall record all complaints, including the date, time, complainant's name and address if the complainant is willing to give this information, and date, and manner of resolution of the complaint. This information shall be maintained for the term of the collection contract, or longer if indicated in the contract. The record of service complaints shall be made available for review by representatives of the City during the contracted hauler's office hours.

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

a. Contracted hauler shall inspect municipal solid waste and divertable materials placed for collection in their respective bins and containers, and shall reject for collection any municipal solid waste and divertable material observed to be contaminated with hazardous waste. Contracted hauler, as applicable, shall promptly notify the city and all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control, local emergency response providers and the National Response Center of reportable quantities of hazardous waste found or observed in municipal solid waste or divertable materials anywhere within the City. In addition to other required notifications, if the contracted hauler observes any substances which it or its employees reasonably believe or suspect to contain hazardous waste unlawfully disposed of or released on any City property, including storm drains, streets or other public rights-of-way, the contracted hauler, as applicable, shall immediately notify the Director of Public Works or their designee.

b. Contracted hauler shall maintain records showing the types and quantities, if any, of hazardous waste found in municipal solid waste and in divertable materials and which was inadvertently collected from service recipients within the City, but diverted from landfilling.

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

a. Employees. All field employees of the contracted hauler shall wear nametags to enable identification while providing public service.

b. Contracted Hauler's vehicles.

1. Vehicle standards. To protect public health, safety and welfare, any truck used for the collection or transportation of municipal solid waste and divertable materials within the City shall be leak-proof and equipped with a close-fitting cover that shall be affixed in a manner that will prevent spilling, dropping or blowing of any municipal solid waste or divertable materials, oil, grease or other substance upon the public right-of-way during collection or transportation. No person shall park, or cause to be parked within the City any vehicle containing solid waste unless the vehicle is free from odor and in a sanitary condition. Contracted hauler shall comply with all regulations promulgated by all agencies with jurisdiction over the safe, sanitary operation of all of their equipment.

2. Displays. Vehicles shall display the name of the contracted hauler in prominent letters so that the vehicle may be easily identified as belonging to that contracted hauler. If a contracted hauler uses a vehicle displaying the name of an affiliated company, the affiliated company's name must be indicated on the collection contract, or be approved in advance in writing by the Director of Public Works or designee. Improperly identified vehicles may be treated as belonging to non-permitted haulers.

3. Noise levels. To protect the public health, safety and quiet enjoyment of the residents of the City, the noise level for the collection vehicles during the stationary compaction process shall not exceed seventy-five (75) decibels (dB) at a distance of twenty-five (25) feet from the collection vehicle and at an elevation of five (5) feet from the horizontal base place of such vehicles. A contracted hauler shall submit to City, upon City's request, a certificate of vehicle noise level testing by an independent testing entity of a representative sample of all vehicles.

4. Damage to streets. Contracted hauler shall not damage public or private streets over which their respective collection equipment may be operated and shall obtain all required approvals for operation of its respective collection vehicles on private streets.

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

a. Contracted hauler shall maintain its containers within the City in a manner to protect public health and safety and prevent the spread of vectors.

b. All bins shall be steam-cleaned or replaced in accordance with the requirements of the collection contract.

c. Contract hauler shall remove from its containers (including carts, bins and roll-off boxes), any exterior paint or markings commonly referred to as "graffiti" or "tagging" within forty-eight (48) hours of either notification by City or customer or the contract hauler's last servicing of the container, whichever is sooner.

d. The City has the authority to require the contracted hauler to replace promptly any container which, in the City's reasonable discretion, is not in a clean, painted, or serviceable condition.

e. Contracted hauler shall post each container with a notice that the container is not to be used for the disposal of hazardous waste.

f. All containers in City, excluding contracted hauler's residential carts, must carry a label with the contracted hauler's name and phone number. Letters must be at least three (3) inches high.

g. All containers for yard trimmings/food scraps and recyclable materials must carry labels identifying which materials are to be placed in each container. Contracted hauler is responsible for designing and producing such labels and replacing labels when they become worn.

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