This chapter shall be referred to
as the City of Roseville Refuse Hauling and Recycling Ordinance.
(Ord. 4694 §
3, 2008; Ord. 6501 § 2, 2022)
The city council finds and declares
that:
A. The City of Roseville (city) currently
operates a refuse collection service which provides periodic refuse
collection and solid waste disposal from all residences and businesses
within the city.
B. Lower rates and greater local control result
when periodic refuse collection is a municipal function. It is in
the best interest of the citizens of the city that periodic refuse
collection remains a municipal service, and that no franchises be
granted for such services.
C. Historically, the city has not provided for collection of construction related refuse on an irregular or special basis. Debris from construction, renovation and demolition of buildings (hereinafter “C&D waste” as defined in Section
9.17.020) represents a large portion of the volume of waste being generated in the city, and much of C&D waste is suitable for recycling and reuse. Allowing private collection of such refuse would not adversely affect the city’s regular, periodic refuse collection enterprise.
D. Under California law, as embodied in the
California Integrated Waste Management Act (California Public Resources
Code Section 40000 et seq.), the city is required to prepare, adopt
and implement waste source reduction and recycling elements to reach
landfill diversion goals, and is required to make substantial reductions
in the volume of waste materials going to landfills, under the threat
of penalties. State law further provides that the city may recover
its costs associated with implementing such waste diversion programs.
E. Persons collecting or hauling refuse for
the sole purpose of recycling such refuse provide an important service
to residents of the city by assisting the city in diverting solid
waste from the Western Regional Landfill.
F. Requiring disposal of refuse at the Western
Placer Waste Management Authority Materials Recovery Facility (MRF)
located in Placer County, which is owned, operated and maintained
by the Western Placer Waste Management Authority, a regional governmental
joint powers authority of which the city is a constituent member,
ensures the proper allocation of waste volumes and recycle credits
to the city for all waste generated in the city and disposed of at
the MRF.
G. In order for the city to obtain credit
under state law for such diversion, reports from recyclers are necessary
to document the quantity of refuse which is being recycled.
(Ord. 4694 §
3, 2008; Ord. 6501 § 2, 2022)
For purposes of this chapter the
following definitions apply:
“Building division”
means the building division of the department of development
services of the City of Roseville. The building division issues certificates
of occupancy and permits for commercial and residential construction,
renovation and/or demolition.
“Bulky waste”
means household furniture, tree and brush limbs larger than
two inches in diameter, tree stumps and intact dead trees.
“C&D waste”
means discarded materials generally not considered water
soluble, and nonhazardous in nature, including, but not limited to,
steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard,
wood and lumber from the construction, renovation, demolition or destruction
of a structure as part of a construction, renovation, demolition or
landscaping project, and including rocks, soils, tree remains, green
waste and bulky waste that normally results from land clearing, landscaping
and development operations for a construction, renovation and/or demolition
covered project located in the City of Roseville.
“City”
means the City of Roseville, a municipal corporation.
“Construction, renovation and/or demolition”
means all building, landscaping, remodeling, addition, removal,
demolition or destruction of any facility or structure located in
the city, or any portion thereof, including, but not limited to, any
tenant improvements to an existing facility or structure and including
the use or disposal of designated recyclable and reusable materials.
“Construction, renovation and/or demolition waste recycling
plan”
means a written plan, on a form prescribed by the director
of environmental utilities or representative, and submitted by a covered
project applicant for the purpose of compliance with this chapter,
including the requirement to divert a minimum of 65 percent by weight
diversion requirement.
“Covered project”
means and includes any project located in the city which
consists of one or more of the following:
1.
Demolition of a building or structure;
2.
Demolition of a portion of a building
or structure where a demolition permit is required;
3.
Construction, addition, renovation
or alteration of a single residential, commercial, industrial, or
institutional building or structure of greater than 2,000 square feet;
4.
Construction of a single residential,
commercial, industrial, or institutional building or structure of
less than 2,000 square feet if more than one such building is being
constructed as part of the same development project. Examples include,
but are not limited to, single-family homes built within a subdivision
and multiple structures built on a single parcel of land.
“Department”
means the environmental utilities department of the City
of Roseville, unless otherwise specified.
“Designated recyclable and reusable materials”
mean:
1.
Masonry building materials generally
used in construction, including, but not limited to, asphalt, concrete,
rock, stone and brick;
2.
Wood materials including any and
all dimensional lumber, fencing or construction wood that is not chemically
treated, creosoted, CCA pressure treated, contaminated or painted;
3.
Vegetative materials including trees,
tree parts, shrubs, stumps, logs, brush or any other type of plants
that are cleared from a site for construction, renovation and/or demolition
or other use;
4.
Metals including all metal scrap
such as, but not limited to, pipes, siding, window frames, door frames
and fences;
5.
Roofing materials including wood
shingles, as well as asphalt, stone and slate based roofing material;
6.
Salvageable materials includes all
salvageable materials and structures, including, but not limited to,
wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and
appliances.
“Director”
means the director of environmental utilities, or authorized
representative.
“Divert” or “diversion”
means the setting aside of refuse for the purpose of recycling.
Divert or diversion, for the purposes of this chapter, is achieved
only when refuse is taken to the Western Placer Waste Management Authority
Materials Recovery Facility identified and defined herein, and the
quantities are attributed to the city service area.
“Franchisee”
means a person or entity holding a nonexclusive franchise
hauler permit issued pursuant to this chapter.
“Garbage”
means and includes, but is not specifically limited to, the
following: all putrescible animal and vegetable wastes resulting from
the handling, preparation, cooking and consumption of food, or resulting
from decay or storage of meat, fish, fowl, fruit, or vegetables. It
also includes all household and kitchen waste, paper, rags, cans and
bottles.
“Green waste”
means all tree and plant trimmings, grass cuttings, plants,
weeds, leaves, branches, and other similar materials other than bulky
waste or garbage.
“Person”
means any individual, firm, company, corporation or other
organization acting as principal, agent or officer, servant or employee,
for him or herself or any other individual, firm, company, corporation
or other organization.
“Recyclable material”
means material which has been retrieved or diverted from
disposal or transformation for the purpose of recycling, composting
or salvage.
This definition shall include, but
not be limited to, corrugated cardboard, newspaper, phone books, junk
mail, magazines, ferrous metals, nonferrous metals, recyclable glass
(including redemption glass), mixed metals, nonrecyclable glass, aluminum
(including redemption aluminum), and No. 1 (Polyethylene terephthalate
– PET) and No. 2 (High density polyethylene – HDPE) plastics.
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“Recycler”
means a person who provides collection or removal of recyclables
from a customer’s site and/or who accepts recyclables from the
public for the sole purpose of recycling 100 percent of the refuse
collected or removed.
“Refuse”
means garbage, rubbish, C&D waste or all of these.
“Refuse hauler”
means a person who provides the hauling of refuse from a
site, for disposal and recycling, where the refuse hauler provides
a container, drop box, garbage can or other receptacle for use by
the customer which is either retrieved or emptied by the refuse hauler,
or where the refuse hauler collects or removes refuse from a designated
location on the customer’s site. Where the refuse is hauled
solely for recycling rather than disposal, such person shall not be
considered a refuse hauler.
“Rubbish”
means and includes all waste (other than garbage, green waste,
bulky waste, and C&D waste), including, without limiting the generality
of, the following: paper, cardboard, bedding, rubber tires, rags,
sawdust, sweepings, plaster, brick, window glass, cement, crockery,
shells, metals, metal products, ashes, and all non-organic accumulations
from garden and/or yard areas, not including C&D waste.
“Source separated”
means material separated at the point of generation from
mixed solid waste that contains less than:
1.
Ten percent of total weight in contaminating
solid waste that is not a recyclable commodity, such as paper, glass,
metal or wood; and
2.
Thirty percent of total weight in
contaminating solid waste that is not an inert; and
3.
Shall include no more than one percent
of total weight in putrescible solid waste as part of the contaminating
solid waste.
For purposes of this definition of
“source separated” material, “inert” means
solid waste and recyclables that are source separated and do not contain
hazardous waste (as defined in 22 CCR Section 66261.3 et seq., and
as may be amended from time to time), or soluble pollutants at concentrations
in excess of applicable water quality objectives, none of which solid
waste, recyclables or soluble pollutants contain putrescible wastes,
including concrete (that may have steel reinforcing bar embedded in
the concrete), fully cured asphalt, glass, plastics, fiberglass, asphalt
or fiberglass roofing shingles, brick, slag, ceramics, plaster, clay
and clay products and any other materials determined by CalRecycle
to constitute inerts; further including all materials determined by
the State Water Resources Control Board to constitute inerts, such
as treated industrial wastes, dewatered bentonite-based and drilling
mud; but excluding gravel, rock, soil, sand and similar materials
as they exist in their natural state, whether processed or not, that
have never been used in connection with any structure, development,
grading or other human purpose.
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(Ord. 4694 §
3, 2008; Ord. 5109 § 2, 2012; Ord. 5279 § 5, 2014; Ord. 6501 § 2, 2022)
It is unlawful for any person to operate as a refuse hauler, including a refuse hauler of C&D waste from covered projects referenced in Section
9.17.050, without first obtaining a franchise from the city in accordance with this chapter. The franchise, if granted, shall be nonexclusive. Consistent with the provisions of this chapter, an application for a nonexclusive refuse hauling franchise shall be filed with the director. The application fee shall be in the amount as established by resolution adopted by the city council, as amended from time to time. Notwithstanding the provisions of this section, a person who operates solely as a recycler shall not be required to obtain a franchise for refuse hauling.
(Ord. 4694 §
3, 2008; Ord. 5109 § 2, 2012; Ord. 5800 § 17, 2017; Ord. 6501 § 2, 2022)
A franchise for refuse hauling shall be for a term of two years. In addition to a franchise application fee, each franchise shall be required to pay a franchise fee of six dollars and eighty-eight cents to the city for every ton of refuse collected and disposed of within the city. The franchise fee set forth in this section may be amended from time to time by resolution of the city council. The franchise fee shall be assessed based on the monthly reports required in Section
9.17.080, and shall be paid monthly by the franchisee.
A franchise may be renewed for one or more additional periods aggregating not more than two years, upon the recommendation of the director. Any person holding a franchise for refuse hauling shall obtain, provide and continuously maintain a city business license, and shall obtain, provide and continuously maintain insurance pursuant to city insurance requirements as set forth in Section
9.17.110.
If franchise fees are not paid by
the franchisee at the times required by this section, then in addition
to the franchise fees, the franchisee shall pay a late payment charge
in an amount equal to two percent of the franchise fee that is due,
plus interest equal to one and one-half percent per month of the entire
balance due until paid in full.
(Ord. 4694 §
3, 2008; Ord. 5109 § 2, 2012; Ord. 6501 § 2, 2022; Ord. 6659 § 4, 2023)
A. A covered project shall divert from disposal
not less than 65 percent by weight of the C&D waste generated
from the covered project. All C&D waste shall be disposed of at
the MRF.
B. A covered project shall divert 100 percent
of rock, soil, tree remains, tree, and other vegetative matter debris
shall be diverted from disposal to landfills through recycling, composting,
reuse and/or other diversion programs.
(Ord. 4694 §
3, 2008; Ord. 5109 § 2, 2012; Ord. 6501 § 2, 2022)
A. On a monthly basis, a person holding a
refuse hauling franchise shall complete a monthly waste generation/disposal
and diversion report, and submit that report to the department before
the 15th day of each month setting forth the total tons of refuse
hauled from the city and the total tons of refuse disposed at the
MRF all during the preceding month. The report shall show the types
and tons or other amount of materials recycled, supported by written
documentation of the records of measurement from the MRF. Receipts
and weight tags will be used to verify that which is reported.
B. Unless otherwise specified, all reports
required by this section shall be in a format determined by the director
or his or her designee.
C. If the monthly report required under subsection
A is not filed by the due date, the report shall be deemed delinquent, and the franchisee shall pay to the city a delinquent report charge in the amount of $50.00. If the report remains delinquent for more than 30 days, the franchisee shall pay to the city a delinquent report charge in the amount of $100.00. Such delinquent report charge shall be in addition to any franchise fees or other charges payable by the franchisee for the same period of time.
(Ord. 4694 §
3, 2008; Ord. 5109 § 2, 2012; Ord. 6501 § 2, 2022)
The director shall provide regulations as to the size, construction, and numbering of roll-on or other disposal boxes used by franchisees and may establish other regulations relating to refuse hauling services. Refuse haulers, including a refuse hauler of C&D waste from covered projects referenced in Section
9.17.050, shall be required to obtain an encroachment permit pursuant to Chapter
13.28 prior to placing any disposal box or other material within the public rightof-way.
(Ord. 4694 §
3, 2008; Ord. 6501 § 2, 2022)
Rates for refuse collection services
provided by nonexclusive franchisees shall not be regulated by the
city.
(Ord. 4694 §
3, 2008; Ord. 6501 § 2, 2022)
In addition to a valid city business
license, every person operating as a refuse hauler within the city
shall maintain public liability insurance in the amount of $1,000,000.00
per occurrence, $2,000,000.00 aggregate; and automobile liability
insurance in the amount of $500,000.00 per occurrence and $1,000,000.00
aggregate.
Failure to continuously maintain
any of the foregoing is unlawful and grounds for revocation of the
franchise.
(Ord. 4694 §
3, 2008; Ord. 6501 § 2, 2022)
It is unlawful for any person, whether
or not holding a franchise as a refuse hauler, to provide refuse disposal
services on a regular or periodic basis. Franchises shall be issued
only for temporary refuse hauling prior to issuance of an occupancy
permit or for the collection of C&D waste. Regular ongoing or
periodic refuse collection shall be provided by the city.
(Ord. 4694 §
3, 2008; Ord. 6501 § 2, 2022)
All refuse collected, removed and/or
disposed of by a person holding a nonexclusive refuse hauling franchise
or a recycler of C&D waste from a covered project must be delivered
to the MRF.
All refuse collected, removed and/or
disposed of by a person holding a nonexclusive refuse hauling franchise,
a recycler of C&D waste from a covered project or any other recycler
must be handled so that none of the refuse and/or recyclables drops,
falls or spills upon the ground or in any way constitutes a nuisance.
(Ord. 4694 §
3, 2008; Ord. 6501 § 2, 2022)
A. General. Containers used for storage of solid waste must be designed and constructed to be watertight and prevent the leakage of liquids. All containers shall be painted and must prominently display the current name and telephone number of the franchisee, refuse hauler or recycler. Containers that do not display the current name and telephone number of the franchisee, refuse hauler or recycler will be considered an abandoned container pursuant to Section
9.17.150.
B. Cleaning, Painting and Maintenance. Franchisee,
refuse hauler or recycler shall make reasonable efforts to replace,
clean or repaint all containers as needed so as to present a clean
appearance.
(Ord. 5109 §
3, 2012; Ord. 6501 § 2, 2022)
A. For the purposes of this section, a refuse
or recyclables container shall be considered “abandoned”
or an “abandoned container” under any of the following
circumstances:
1. Upon the nonexclusive franchisee’s failure to remove the container within the time period specified by the director upon termination or revocation of the nonexclusive franchise pursuant to Section
9.17.160(C).
2. Upon the nonexclusive franchisee’s
failure to remove the container within 30 days after the expiration
of the nonexclusive franchise granted to the franchisee.
3. Upon the nonexclusive franchisee’s
failure to dispose of the contents of the container within five days
after the director issues a written notice to franchisee to dispose
of the contents of the container.
4. If the containers, including trash compactors, are located on city property and do not prominently display the current name and phone number of the nonexclusive franchisee, refuse hauler or recycler as required under Section
9.17.140.
B. If the franchisee, refuse hauler or recycler
abandons any container used to provide nonperiodic commercial debris
collection services, the city may remove the container and/or dispose
of the contents of the container.
C. If the city removes a container abandoned
by franchisee, refuse hauler or recycler and/or disposes of the contents
of any container abandoned by franchisee, refuse hauler or recycler,
the city may charge franchisee, refuse hauler or recycler for all
city costs incurred in such removal and disposal. Franchisee, refuse
hauler or recycler shall reimburse the city for such costs within
10 days after issuance of the city’s invoice for such costs.
D. If a container is abandoned in accordance
with this section, the city may do any of the following:
1. Use city resources to move the abandoned
container(s) to the city’s Corporation Yard, located at 2005
Hilltop Circle in Roseville, California.
2. Notify the franchisee, refuse hauler or
recycler by certified letter that the container is being stored at
the city’s Corporation Yard.
3. Require that any and all costs associated
with the relocation of the abandoned container(s) be borne by the
franchisee, refuse hauler or recycler and paid in full to the city
prior to the city’s return of said containers.
4. Dispose of the abandoned containers as
necessary if within 90 days after the city takes possession of the
abandoned container, the franchisee, refuse hauler or recycler does
not reclaim the container and/or pay all relocation costs in full
to the city.
(Ord. 5109 §
3, 2012; Ord. 6501 § 2, 2022)
A. Violation of state or county laws, this
chapter or other provisions of the Roseville Municipal Code relating
to garbage, rubbish, refuse hauling and recycling, collection, the
franchise ordinance granting the individual franchise, or the regulations
promulgated by the director pursuant to this chapter, shall be grounds
for revocation of the franchise.
B. In the event the nonexclusive franchise
is revoked:
1. Franchisee shall have no right or authority
to engage in solid waste collection, transportation or disposal operations
in the city.
2. Franchisee shall remain liable to the city for any and all franchise fees that would otherwise be payable by franchisee, for any and all late payment charges and interest assessed pursuant to Section
9.17.040 of this chapter and for any and all delinquent report charges assessed pursuant to Section
9.17.080 of this chapter.
3. Franchisee shall have a continuing obligation to submit to the city all reports required by Section
9.17.080 of this chapter which relate to solid waste activities performed by franchisee up to and including the date of termination.
C. In the event the nonexclusive franchise is terminated or revoked by the director, franchisee shall remove all of franchisee’s solid waste containers from all of franchisee’s collection service locations and shall properly dispose of all solid waste in such containers. Any solid waste containers belonging to franchisee and not removed within 10 days of the revocation of the franchise shall be considered an abandoned container pursuant to Section
9.17.150.
(Ord. 4694 §
3, 2008; Ord. 5109 § 2, 2012; Ord. 6501 § 2, 2022)
A. Any person aggrieved by or dissatisfied
with any decision or determination of the director relating to the
revocation of a franchise may appeal such action first to the city
manager and then, if applicable, to the city council by filing a written
appeal with the appropriate fee within 10 days from the date of action
by the director or the committee’s/commission’s action.
If the 10th day falls upon a weekend or holiday, the appeal period
shall be extended to the end of the next business day. All appeals
shall be filed with the city clerk’s office. The decision of
the city council on an appeal is final.
B. The failure to file and prosecute all appeals
available pursuant to the provisions provided herein shall be deemed
a failure to exhaust administrative remedies and shall act as a complete
bar to any legal proceeding challenging the subject decision or determination.
(Ord. 5109 §
3, 2012; Ord. 6501 § 2, 2022)
Compliance with this chapter may
be listed as a condition of approval of any project.
(Ord. 4694 §
3, 2008; Ord. 6501 § 2, 2022)
A person holding a nonexclusive refuse
hauling franchise shall not sell, lease, transfer, assign or otherwise
dispose of, either in whole or in part, whether by forced sale, merger,
consolidation, reorganization or otherwise, a refuse hauling franchise
issued pursuant to this chapter without first obtaining the prior
written consent of the director. Any such consent shall be subject
to terms and conditions as may be prescribed by the director. This
restriction includes the transfer of ownership of the franchise, or
a majority of ownership or control of the franchise or a conveyance
of a majority of the franchise’s stock to a new controlling
interest. A franchise shall become void upon the abandonment of the
business as determined by the director.
(Ord. 4694 §
3, 2008; Ord. 6501 § 2, 2022)
Nothing in this chapter shall limit
the right of an individual to donate, sell or otherwise dispose of
recyclables, provided that such disposal is in accordance with the
provisions of this chapter.
(Ord. 4694 §
3, 2008; Ord. 6501 § 2, 2022)
A. Violation of any provision of this chapter
or the regulations adopted pursuant to this chapter is unlawful, and
may be charged as a misdemeanor or infraction in the discretion of
the city attorney.
B. Violation of any provisions of this chapter
or the regulations adopted pursuant to this chapter is declared to
be a public nuisance, which may be abated by appropriate civil action.
C. The remedies provided in this chapter are
cumulative and are in addition to any other remedies provided by law.
(Ord. 4694 §
3, 2008; Ord. 6501 § 2, 2022)
If any provision, clause, sentence
or paragraph of the ordinance codified in this chapter or the application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of the ordinance
codified in this chapter which can be given effect without the invalid
provision or application, and to this end the provisions of the ordinance
codified in this chapter are severable. The city council hereby declares
that it would have adopted the ordinance codified in this chapter
irrespective of the invalidity of any particular portion thereof.
(Ord. 4694 §
3, 2008; Ord. 6501 § 2, 2022)