Wildomar Municipal Code Art. IV Self-Hauling

Self-haul permits are available only to single-family premises because commercial premises generate larger volumes of solid waste. It would pose an unwarranted threat to the public health, safety and welfare if the person in charge of a commercial premises attempted to self-haul the solid waste on their premises because it is more difficult to transport large volumes of solid waste in a manner that is safe and sanitary. The difficultly posed by self-hauling larger volumes of solid waste could lead to increased illegal dumping and burning, failure to segregate gray container waste, non-organic recyclables, and organic waste, and the accumulation of solid waste at a premises for more than one week.

(Ord. 93 § 1, 2014; Ord. 206 § 2, 2021)

A. Permit Required. The person in charge of a single-family premises may apply for and obtain a permit to self-haul, and shall not self-haul without a valid self-haul permit issued pursuant to this section. Every person in charge of a single-family premises who desires to self-haul in lieu of making arrangements with the appropriate solid waste franchisee for solid waste handling services shall obtain a self-haul permit from the City's Public Works Director or his or her designee prior to commencing self-hauling.

B. Term. A permit to self-haul shall be good for one calendar year, or such part of the calendar year that is remaining after the issuance of the permit. All self-haul permits shall expire on December 31, and may be renewed annually. Application for a renewal permit must be filed at least 60 days prior to the expiration date of the permit to allow adequate time for processing, inspection and verifications required to issue the permit.

C. Issuance of Permit. An applicant for a self-haul permit shall submit a completed application, on a form approved by the City's Public Works Director, to the Public Works Department. The Public Works Director or his or her designee shall determine whether the application is complete within five working days of the receipt of the application. If the Director or his/her designee finds the application incomplete, the applicant shall be given a list of further information needed to complete the application. After it is determined that an application for a self-haul permit is complete, the applicant shall produce the items listed in subdivisions 1 through 7 below. The Director of Public Works or his/her designee shall issue a self-haul permit within five working days of the production of all of the required items.

1. The applicant produces for inspection the vehicle the applicant intends to use for self-hauling, and the vehicle meets the following standards:

a. The vehicle is capable of safely hauling a minimum of 32 gallons (4.3 cubic feet) of gray container waste, non-organic recyclables, and organic waste in a safe and sanitary manner so that such matter will not spill;

b. If the vehicle is not fully enclosed, the applicant produces a tarp or other material that is demonstrated to completely secure the materials being self-hauled.

2. The applicant produces evidence that he or she owns or leases the vehicle produced for inspection or has a written agreement to use the vehicle for self-hauling with the vehicle's owner or lessor;

3. The applicant produces evidence that he or she has a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the State of California;

4. The applicant provides the City with a certificate of automobile insurance for the vehicle;

5. The vehicle is operational and meets all applicable Vehicle Code standards;

6. The applicant provides the City with proof that the applicant has containers for the storage of gray container waste, non-organic recyclables, and organic waste on the applicant's premises before the materials are hauled to a disposal facility; and

7. The applicant pays the fee for a self-haul permit authorized by resolution of the City Council. The fee shall reflect the City's reasonable costs of issuing and monitoring compliance with the permit. Permits issued between January 1 and March 31 shall pay 100% of the permit fee; permits issued between April 1 and June 30 shall pay 75% of the permit fee; permits issued between July 1 and September 30 shall pay 50% of the permit fee; permits issued between October 1 and December 31 shall pay 25% of the permit fee.

D. Appeal of Denial. An applicant whose application for a self-haul permit has been denied may appeal that decision. An appeal may be filed within five days of the date the applicant was notified of the denial. Appeals shall be heard by the City Manager. The decision of the City Manager is final.

E. Operational Standards.

1. Self-haul permittees must dispose of solid waste weekly at a licensed or permitted landfill or disposal facility and shall procure and retain weekly receipts from such landfill or other disposal facility. Receipts shall be submitted to the City monthly. Failure to show proof of solid waste disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit the City to revoke the permittees' self haul permit.

2. Authorized self-haulers shall source separate all non-organic recyclable materials and organic waste generated on-site from other solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

3. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

4. Self-haul permittees must notify the City of any change in the vehicle being used to haul solid waste by the permittee. Permittees must bring the new vehicle in for an inspection and demonstrate compliance with subdivisions 1 through 5 of subsection C of this section before the new vehicle is used to haul any solid waste under the permit.

5. Self-haul permittees must keep on file with the City copies of the current automobile insurance and registration for the vehicle used to self-haul and the permittee's current California driver's license. Permittees must provide proof to City of renewed automobile insurance, vehicle registration, and California driver's license within five days of expiration of respective document.

6. Failure to show proof of disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit City to revoke the permittees' self-haul permit.

7. Self-haul permittees are liable for any damages and clean-up costs resulting from any solid waste spills during the course of the permittee's self hauling activity.

F. Revocation of Permit. The self-haul permit shall be subject to revocation if the permittee violates any provision of this chapter. A notice of revocation shall be mailed to the permittee informing them that their self-haul permit is being revoked, identifying the violations of this chapter that have occurred, and informing the permittee that he or she has the right to dispute the revocation by an appeal to the City Manager. An appeal of a revocation must be filed within five calendar days of the mailing of notice of the revocation. A revocation appeal hearing will be scheduled within five days of the date the City receives the request for an appeal. The City Manager will issue a decision on the appeal within five days of the hearing and provide the permittee written notice of the decision. The decision of the City Manager on the appeal shall be final. A person whose self-haul permit has been revoked pursuant to this section may not obtain another self-haul permit for one year from the date of the revocation.

(Ord. 93 § 1, 2014; Ord. 206 § 2, 2021)

Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code, Section 41900 et seq., the City may impose fees on persons with a self-haul permit in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan, including the costs of preparing, adopting and implementing the City's required source reduction and recycling element, household hazardous waste element, and nondisposal facility element, and the costs of setting and collecting the fees.

(Ord. 93 § 1, 2014; Ord. 206 § 2, 2021)