No person may deliver a roll-off box, bin, or other solid waste container within the city, or collect solid waste from a customer within the city, prior to city approval and issuance of that person's solid waste collection permit, unless otherwise exempted under this chapter. Green waste and recyclables are included in the definition of solid waste and collectors of such materials, not otherwise exempted per this chapter, must obtain permits.
(Ord. 21-06 § 1, 2021)
A. 
A permit shall become effective when an application has been approved by the city, and upon the applicant's satisfying all of the requirements and conditions set forth in both this article and the permit.
B. 
Prior to performing any services provided under the permit, the permittee must provide to the city a completed solid waste and recyclables collection permit application, along with all information and documentation requested within the application and receive city's approval.
C. 
Permit applicants may obtain an application from the city clerk. Applications for such permits shall include, but not be limited to, the following information and documentation:
1. 
Name and title of the applicant.
2. 
Business address and telephone number of the applicant.
3. 
Address where all vehicles and operating equipment used within the city will be stored.
4. 
For waste disposal or other waste-related services provided by applicant during the five-year period preceding the date of the application, a complete listing and explanation of any criminal convictions against the applicant and key employees of the applicant's local operating division that would provide service in the city.
5. 
A list of all affiliated companies whose names might appear on collection vehicles to be used within the city.
6. 
Verification of insurance required under Section 8.12.280.
7. 
Any other relevant information or documentation deemed necessary by the city manager or city manager's designee.
(Ord. 21-06 § 1, 2021)
A. 
In determining whether to approve a permit, the city shall take into consideration all components of the completed application, including, but not limited to:
1. 
The ability of the applicant to meet all terms listed in the permit application and this code;
2. 
Applicant's past compliance with this code and permit requirements;
3. 
Any history of civil or criminal convictions, accidents or safety violations that make the award of a permit detrimental to the public's health, safety and welfare; and
4. 
The completeness, accuracy, and validity of the application.
B. 
The city shall also have the authority to verify independently all statements made and implied in the application. The city may also request clarification from the applicant of any or all elements of the submitted application.
C. 
After review of the permit application, the city may deny the issuance of a solid waste and recyclables collection permit based on information disclosed in the permit application. Denial of a permit may be based on an incomplete application, failure to demonstrate qualifications or financial responsibility necessary to comply with the requirements of this chapter, failure to supply required reports, failure to accurately report the origin of waste collected to the city or the disposal site, failure to pay fees to the city in a timely manner, or previous violations of any provision of this chapter. Upon denial, the city shall provide the applicant written notification of the reasons therefore and shall include the effective date of such denial.
(Ord. 21-06 § 1, 2021)
The solid waste permit shall be valid for 12 months, with up to an additional 12 month extension permitted at the city's option. A permit may be revoked for noncompliance with any requirement under this chapter. The city may, upon 90 day advance written notice to the permittee prior to permit expiration, exercise the extension option. If such extension notice is provided by the city, the permit will automatically renew monthly, up to a maximum of 24 months unless the city gives permittee a 30 day written notice of termination.
(Ord. 21-06 § 1, 2021)
A. 
Summary Suspension of Permit. It is unlawful for a permittee to collect solid waste in the city during such time as the permit of the said permittee is suspended. The city shall have authority to summarily suspend a permit issued pursuant to this article whenever the permittee fails to comply with the terms and conditions of the permit or violates any provision of this chapter or other city ordinance. The city shall notify the permittee in writing of such summary suspension, which notice shall also advise the permittee of the time and place of a hearing before the city council to consider the termination of the permit pursuant to subsection B below. The hearing before the city council shall be held not less than 10 nor more than 30 days from the date of such notice.
B. 
Council Hearing on Revocation of Permit.
1. 
Any permit issued or granted pursuant to the provisions of this article may be revoked after a public hearing before the city council. It is unlawful for any solid waste collector to operate under a permit that has been revoked or suspended. A permit may be revoked under the following circumstances:
a. 
Where it has been determined that the permittee has violated or has failed to comply with any of the terms or conditions of the permit, including failing to file a complete, timely and accurate quarterly report;
b. 
Where it has been determined that the permittee has violated or has failed to comply with any ordinances, resolutions, or regulations of the city, or of state or federal law, applicable to collection and disposal of solid waste;
c. 
Where it has been determined that the permit was granted pursuant to false or fraudulent information contained in the application;
d. 
Where it has been determined that preservation of public health, safety, and welfare require revocation of the permit.
2. 
The city may initiate a proceeding to revoke a permit by written notice delivered to the permittee, setting forth the reasons for the proposed revocation. The notice shall also indicate the time and place of a hearing before the city council, which shall be scheduled not less than 10 or more than 30 days from the date of such notice.
3. 
At such hearing, the permittee may present evidence in writing and through testimony of its employees and others relevant to the proposed termination. During such hearing, the city council may demand from the applicant such additional information as the city council may deem relevant and necessary. Any hearing may be continued or adjourned to a stated time and place without the giving of further notice. At the conclusion of the hearing, the city council may revoke a permit upon the adoption of a resolution which sets forth in writing the findings relied on to conclude that the permit shall be revoked. The resolution revoking the permit shall set forth the notice required by Code of Civil Procedure Section 1094.6. The city council's decision shall be final.
4. 
The city, without a hearing, may suspend a permit for not more than 60 days, if the city manager or city manager's designee finds that continued operation by the permittee will constitute a threat to public health, safety, or general welfare.
C. 
Waiver of Hearing. Failure of permittee to respond to a notice to appear for a hearing before the board is a waiver of the right to a hearing and action may be taken without the permittee being present.
D. 
Confiscation of Solid Waste Permit Items. The city may take possession of any badge, card, permit, or license, issued under the provisions of this chapter, upon expiration, revocation, cancellation, or suspension thereof, or which is fictitious or which has been unlawfully or erroneously issued.
E. 
Transfer of Solid Waste Permit. A permit issued under this chapter shall not be transferred, delegated, or assigned without prior written city approval. No permittee shall sell, assign, hypothecate, relinquish, surrender or transfer interest in a permit to any person or solid waste collector or allow another person or entity to use the permit in any act for which a permit is required without the prior written consent of the city. The restriction includes the transfer of ownership or the majority of ownership or control of the permittee, or a transfer of a majority of the permittee's stock to another person.
(Ord. 21-06 § 1, 2021)
A. 
Scope of Solid Waste Permit. A solid waste permit issued pursuant to this article shall authorize only the following activities:
1. 
Collection of source separated recyclable solid waste; provided that transformation, mixed waste processing, or other collection or processing methods that do not require prior separation of recyclable solid waste from the waste generated by the waste generator prior to collection by the permittee shall not be considered the collection of recyclable solid waste.
2. 
Temporary collection services, such as solid waste collection from specific projects such as yard clean-up, remodeling, construction, or demolition, as more fully defined under the definitions of "temporary collection service" and "temporary collection containers."
B. 
Notice for Non-Collection. When any solid waste is left on premises by the permittee, the permittee shall at that time leave a red tag indicating the reasons for refusing to collect the solid waste and giving reference to the city ordinance which provides permittee grounds for such refusal. The tag shall carry the permittee's business or firm name and telephone number and shall be securely fastened to the container or the article refused. Permittee shall keep a record of such notices including the addresses of all premises where it is necessary to leave such notices.
C. 
Property rights of Solid Waste Collected. All solid waste collected in accordance with the provisions of this chapter shall be and become the property of the permittee from and after the time of collection thereof.
D. 
Customer Contracting. All customer agreements must contain clauses that automatically terminate such customer agreements in the event that the permittee's permit to collect is revoked or not renewed.
E. 
Other permit provisions. The city council may modify permit requirements from time to time by resolution.
(Ord. 21-06 § 1, 2021)
Permittees shall submit the following fees within 30 days of the end of the preceding quarter, for quarters ending March 31, June 30, September 30, and December 31, accompanied with the quarterly reports detailed in Section 8.12.300:
A. 
Permit Fee. Permittee will submit five percent of the gross receipts collected for all solid waste services provided in the city during the preceding calendar quarter ending March 31, June 30, September 30 and December 31.
B. 
AB 939 Fee. In addition to the permit fee, permittee will submit ten percent of gross receipts collected for all solid waste services provided in the city during the preceding calendar quarter ending March 31, June 30, September 30, and December 31, if the permittee does not divert a minimum of 60% of the material it collects. A permittee that does not divert 60% of the waste it collects may have the opportunity to demonstrate that it took all reasonable actions to divert the maximum amount of solid waste it collected and that 60% diversion was not possible due to the unique characteristics of the loads collected. The city, in its sole discretion, shall determine if the AB 939 fee shall be waived.
C. 
Late Fees. Permittee shall pay to the city a service charge, in an amount equal to 10% of any amount due to the city after due date has passed. Permittee shall pay an additional 10% service charge on any unpaid balance for each additional 30 day period the fees remain unpaid.
(Ord. 21-06 § 1, 2021)
Permittees must divert a minimum of 75% of the solid waste that the permittee collects within the city each calendar year. Fees paid by permittees are reduced relative to the level of waste diversion achieved by each permittee. To count as waste diversion for the purpose of this chapter, the permittee must provide documentation of delivery to a recycling facility and documentation as to the quantity of the delivered waste that was diverted. Failure to meet this requirement over one calendar quarter is grounds to deny issuance of, suspend and/or revoke a solid waste collection permit. A permittee that does not divert 75% of the waste it collects may have the opportunity to demonstrate that it took all reasonable actions to divert the maximum amount of solid waste it collected and that 75% diversion was not possible due to the unique characteristics of the loads collected. The city, in its sole discretion, may determine whether such permit will be continued or renewed. Diversion rates under 50% during one calendar quarter will result in the automatic revocation of the permit.
If, in the future, the California Department of Resources Recycling and Recovery passes legislation through the State Senate or the State Assembly, requiring that cities divert more than 75% of the solid waste, each permittee shall be required to meet the new state requirements.
(Ord. 21-06 § 1, 2021)
A. 
Each solid waste permittee shall, during the term of any solid waste permit, maintain in full force and effect, and shall furnish the city with a policy or certificate of insurance in an amount determined as appropriate by the city for:
1. 
Comprehensive general liability;
2. 
Automobile liability; and
3. 
Workers' compensation and employers' liability.
B. 
Evidence of insurance shall be provided on city forms or approved substitutes. The insurance policy or policies shall be issued by an admitted insurance company with a Best Key Rating of A VII, or as otherwise acceptable to the city. The above limits shall be subject to approval of and to annual review by the city for the purpose of reasonably adjusting to current insurance conditions and requirements.
C. 
Such insurance shall be primary and not excess, shall be procured from an insurer authorized to do business in the state, and shall not be cancelled or modified without first giving to the city 30 days' prior written notice.
D. 
All such insurance shall remain in effect, uninterrupted, through the term of the permit. Applicants and permittees shall provide the city with certificates of insurance annually with the solid waste and recyclables collection permit application.
E. 
All such insurance shall name the city as an additional insured in a separate endorsement.
(Ord. 21-06 § 1, 2021)
Each quarter, permittees are required to submit reports on city-provided reporting forms. Reports shall be submitted both electronically and on paper within 30 days of the end of the preceding quarter, for quarters ending March 31, June 30, September 30, and December 31. Reports shall contain the following data:
A. 
The tonnage and/or volume of waste collected according to each category (refuse, recyclables, green waste) and according to how much was disposed versus diverted from landfilling;
B. 
The location, site, and/or facility where such said waste has been disposed, delivered or diverted;
C. 
Gross receipts from all solid waste and recycling services provided in the city;
D. 
Other information required by law or deemed necessary by the city.
(Ord. 21-06 § 1, 2021)
The city or city's designee may audit the permittee's books and records for the purposes of verifying the correct payment of all city fees and confirming the accurate reporting of tonnage recycled and disposed, and other information. Each permittee shall make records available to the city or to agents of the city during normal business hours at the permittee's local office upon one business day notice from the city. Should the audit of the permittee's books and records show more than a $1,000 discrepancy between fees paid and fees due for a one-year period, the permittee shall reimburse the city for the cost of the audit. The city has the option to review a period less than a year and annualize the results. Over or under-paid fees shall be remitted within 30 days of the finalization of the review, or of discovery if determination is made outside of a review by the city.
(Ord. 21-06 § 1, 2021)
A. 
General. The permit shall require the permittee to defend, with counsel to be agreed upon by both parties, indemnify, and hold harmless, the city and its agents, officers, servants, and employees from and against any and all claims, demands, damages, liabilities, costs, or expenses for any damages or injuries to any person or property, including, but not limited to, injury to the permittee's or city's employees, agents or officers which arise from, are connected with, or are caused or claimed to be caused by, the permittee, or its agents, officers, or employees, in the issuance of the permit, or in performing the services permitted by the permit, and all costs and expenses of investigating and defending against same; provided, however, that the permittee's duty to indemnify and hold harmless shall not include any claims or liability arising from the negligence of the city, its agents, officers, or employees, determined by a court of competent jurisdiction.
B. 
Hazardous Waste Indemnity. Permittees are required to indemnify, defend, with counsel to be agreed upon by both parties, protect and hold harmless the city, its officers, employees, agents, assigns, and any successor or successors to the city's interest from and against all claims, actual damages, (including, but not limited to, special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the city or its officers, employees, or agents arising from or attributable to any repair, cleanup, or detoxification, or preparation and implementation of any removal, remedial, response, closure, or other plan (regardless of whether undertaken due to government action) concerning any hazardous wastes at any disposal or processing facility where solid waste is or has been transported, transferred, processed, stored, disposed of, or has otherwise come to be located by the permittee or permittee's activities pursuant to the permit resulting in a release of any hazardous waste into the environment. Without limiting the substance of the indemnification, the foregoing indemnity is intended to operate as an agreement pursuant to 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), also known as "Superfund," 42 U.S.C. Section 9607(e), and California Health and Safety Code Section 25364, to defend, protect, hold harmless, and indemnify the city from all forms of liability under CERCLA, other applicable statutes or common law for any and all matters addressed in this provision.
(Ord. 21-06 § 1, 2021)