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:
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.
means household furniture, tree and brush limbs larger than two inches in diameter, tree stumps and intact dead trees.
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.
means the City of Roseville, a municipal corporation.
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.
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.
means and includes any project located in the city which consists of one or more of the following:
Demolition of a building or structure;
Demolition of a portion of a building or structure where a demolition permit is required;
Construction, addition, renovation or alteration of a single residential, commercial, industrial, or institutional building or structure of greater than 2,000 square feet;
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.
means the environmental utilities department of the City of Roseville, unless otherwise specified.
mean:
Masonry building materials generally used in construction, including, but not limited to, asphalt, concrete, rock, stone and brick;
Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted;
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;
Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences;
Roofing materials including wood shingles, as well as asphalt, stone and slate based roofing material;
Salvageable materials includes all salvageable materials and structures, including, but not limited to, wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances.
means the director of environmental utilities, or authorized representative.
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.
means a person or entity holding a nonexclusive franchise hauler permit issued pursuant to this chapter.
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.
means all tree and plant trimmings, grass cuttings, plants, weeds, leaves, branches, and other similar materials other than bulky waste or garbage.
means any waste that is defined as hazardous waste under Section 40141 of the California Public Resources Code, as amended from time to time.
means the form approved by the department, as amended from time to time, for the monthly reporting of refuse hauled, disposed and/or diverted in accordance with the provisions of this chapter.
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.
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. |
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.
means garbage, rubbish, C&D waste or all of these.
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.
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.
means material separated at the point of generation from mixed solid waste that contains less than:
Ten percent of total weight in contaminating solid waste that is not a recyclable commodity, such as paper, glass, metal or wood; and
Thirty percent of total weight in contaminating solid waste that is not an inert; and
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. |
means the materials recovery facility located at 3195 Athens Avenue, Lincoln, California, 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.
(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.
No grading, building or demolition permit shall be issued by the building division for a covered project until the department has approved a Construction, Renovation and/or Demolition Waste Recycling Plan (the “Plan”) for the covered project. The Plan shall be submitted to the department for approval, in a format prescribed by the director, as a component of the construction, building, renovation or demolition process. The Plan shall contain a reasonably accurate estimate of the tonnage or other specified units of C&D waste expected to be generated by the covered project and shall identify the refuse haulers and/or recyclers to be used for the disposal of C&D waste.
B.
During the term of the covered project, the project applicant shall recycle or divert the required percentage of C&D waste, in accordance with the approved Plan and any procedures established by the director, and shall keep complete and accurate records thereof, including the weight of the C&D waste diverted.
C.
Failure to comply with the requirements of this section, including, but not limited to, the requirements of the approved Plan and/or the obligation to keep complete and accurate records, may be grounds for issuance of a “stop work” order in addition to other remedies provided in this chapter and under state law.
(Ord. 6501 § 2, 2022)
A.
Within 30 days following the completion of the demolition phase of a covered project, and within 30 days following the completion of the construction phase of a covered project, the project applicant shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy or final approval, submit a recycling report to the department, to demonstrate completion of compliance with the requirements of this section.
B.
The report provided pursuant to this section 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. The building division will not issue a certificate of occupancy unless the director or his or her designee first determines that the covered project complied with the Plan.
(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.
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.
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)