Ventura Municipal Code Art. 3 Recyclable Material Collection Permits

A. The city council pursuant to Section 40059 of the California Public Resources Code does hereby determine that collection and processing of recyclable materials may be provided within the city through issuance of permits, in accordance with the terms of this article.

B. The city council may also permit the collection and processing of recyclable materials under a franchise agreement, as allowable by state law. If such agreement is entered into, no permit under this article is required.

C. No person may collect or process recyclable materials within the city unless the person has either entered into a franchise agreement with the city pursuant to Article 2 of this chapter, has been issued a permit pursuant to this article, or is exempt from this article pursuant to Section 6.500.320. (Code 1971, § 4340)

The following persons are exempted from the provisions of this article:

A. The city;

B. A nonprofit organization, if it collects recyclable materials such as, but not limited to, aluminum, newspaper, glass, plastic (HDPE/PET), metal cans, or other paper and cardboard;

C. Commercial business owners, if they deliver for recycling, source separated recyclable materials;

D. A person who has entered into a franchise agreement with the city for collection of recyclable materials, not contaminated by solid waste for recycling; and

E. A person who is delivering recyclable materials for recycling under the California Container Recycling Litter Reduction Act (Public Resources Code Section 14500 et seq.). (Code 1971, § 4341)

The director of public works shall issue permits for the collection and processing of recyclable materials as provided for in this article. Each permit shall terminate without further notice one year from date of issuance, unless revoked pursuant to Section 6.500.3100. No permit for the collection and processing of recyclable materials shall be issued unless the applicant satisfies all of the requirements of this article. (Code 1971, § 4342)

Before obtaining a permit under the provisions of this article, the applicant shall provide the director of public works the following information:

A. Name of the applicant;

B. Business address and telephone number of the applicant;

C. The name and location of the processing facility where the applicant intends to legally process recyclable materials; and

D. The name and telephone number of person within applicant’s organization who is responsible for responding to inquiries and complaints. (Code 1971, § 4343)

Before obtaining a permit under the provisions of this article, the applicant, as a condition to the permit, shall post with the city clerk a bond in an amount as set from time to time by city administrative regulation. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this chapter and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. The bond shall be issued by an insurer admitted to transact surety insurance in the state of California, and shall be subject to the approval of the city attorney. (Code 1971, § 4344)

Before obtaining a permit under the provisions of this article, the applicant shall agree to indemnify and save the city, its officers, employees, volunteers and agents harmless of and from any and all claims, demands, actions, or causes of actions of every kind and description resulting directly or indirectly, arising out of, or in any way connected with the exercise of the permit, including, but not by way of limitation, any act or omission of any officer, employee, or agent of permittee, and further specifically including any and all liability of the city arising from permittee’s arranging for or disposing of any waste in any disposal site whether to the U.S. Government, state of California, or any other public or private person, firm, or agency. (Code 1971, § 4345)

A. Before obtaining a permit under the provisions of this article, the applicant shall procure and maintain for the term of the permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the collection and processing of recyclable materials within the city by the applicant, their agents, representatives, employees or subcontractors.

B. Coverage shall be at least as broad as:

1. Insurance services office commercial general liability coverage (occurrence form CG 0001).

2. Insurance services office form number CA 0001 (Ed. 1/87) covering automobile liability, code 1 (any auto).

3. Workers’ compensation insurance as required by the state of California and employer’s liability insurance.

C. The limits of coverage shall be no less than:

1. General liability: an amount per occurrence for bodily injury, personal injury and property damage as set from time to time by city administrative regulation. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile liability: an amount per accident for bodily injury and property damage as set from time to time by city administrative regulation.

3. Employer’s liability: an amount per accident for bodily injury or disease as set from time to time by city administrative regulation.

D. Any deductibles or self-insured retentions must be declared to and approved by the city. At the option of the city, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the city, its officers, officials, employees and volunteers; or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administrating and defense expenses.

E. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The city of San Buenaventura, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the applicant; products and completed operations of the applicant; premises owned, occupied or used by the applicant; or automobiles owned, leased, hired or borrowed by the applicant. The coverage shall contain no special limitations on the scope of protection afforded to the city of San Buenaventura, its officers, officials, employees, agents or volunteers.

2. For any claims related to this project, the applicant’s insurance coverage shall be primary insurance as respects the city of San Buenaventura, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the city of San Buenaventura, its officers, officials, employees, agents or volunteers shall be excess of the applicant’s insurance and shall not contribute with it.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the city of San Buenaventura, its officers, officials, employees, agents or volunteers.

4. The applicant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after 30 days’ prior written notice by certified mail, return receipt requested, has been given to the city of San Buenaventura.

F. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.

G. The applicant shall furnish the city with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the city before work commences.

H. The applicant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. (Code 1971, § 4346)

Before obtaining a permit under the provisions of this article, the applicant shall agree to perform the terms of the permit in such a manner so as to comply with all valid and applicable local, state, and federal laws and regulations pertaining to the collection, storage, transportation, and processing of recyclable materials. The applicant shall also agree to comply with all other ordinances and regulations of the city and applicable laws and regulations of the county of Ventura, state of California, and United States of America, and shall obtain and keep in force all required permits and business licenses. (Code 1971, § 4347)

Prior to issuance or renewal of the permit, the applicant or permittee shall pay to city such fees as shall be set from time to time by resolution of the city council. (Code 1971, § 4348)

A. Assignment or Transfer of Permit.

1. A permit issued under this article may not be transferred or assigned. Any such transfer or assignment shall be void and the attempted assignment shall result in the automatic termination of the permittee’s permit.

2. For purposes of this section, “transfer” or “assignment” shall include, but not be limited to (a) a sale, exchange or other transfer of substantially all of permittee’s assets dedicated to service under this chapter to a third party; (b) a sale, exchange, or other transfer of 10 percent or more of the outstanding common stock of permittee; (c) any reorganization, consolidation, merger, recapitalization, stock issuance or reissuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which permittee or any of its shareholders is a party which results in a change of ownership or control of 10 percent or more of the value or voting rights in the stock of permittee; and (d) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership.

For purposes of this section, the term “proposed assignee” shall refer to the proposed transferee(s) or other successor(s) in interest pursuant to the assignment.

B. Permit Renewal. Permittee shall submit to the city an annual statement of operations in a form prescribed by the city with its request for a permit renewal. Such annual statement shall, at a minimum, include the recyclable materials collected by the permittee in the city by type, quantities of each type, customers serviced, and amounts paid to customers by type.

C. Prohibitions.

1. Permittee shall not collect solid waste, including black container waste, food waste, or green waste, nor shall permittee collect mixed waste containing black container waste and/or food waste and/or green waste and/or recyclable materials. Permittee shall only collect those recyclable materials from such occupants of premises that it has an agreement with, and which occupant separates the recyclable materials from its solid waste and places such source separated recyclable materials at a designated collection location for collection by the permittee.

2. Permittee shall not charge, nor shall permittee receive, value from the waste generator for the permittee’s services.

D. Revocation.

1. A permit may be revoked by the city council, in the event that the permittee has not complied with either the provisions of this chapter or all other applicable statutes, ordinances, rules and regulations.

The director of public works shall notify the permittee in writing of noncompliance and shall order compliance within 30 days.

2. If noncompliance is not corrected within 30 days of the written notice of noncompliance pursuant to this section, the director of public works may revoke the permit or take such other action as determined to be necessary. (Code 1971, § 4349; Ord. No. 2021-012, § 3, 11-8-21)