A. 
The City Council pursuant to Section 40059 of the California Public Resources Code does determine that collection and processing of recyclable material shall be provided within the City through issuance of permits and a nonexclusive franchise, in accordance with the terms of this chapter. The City Council pursuant to Section 40059 of the California Public Resources Code does determine that collection and processing of construction and demolition debris shall be provided within the City through issuance of permits in accordance with the terms of this chapter.
B. 
No person may collect or process recyclable material within the City unless the person has either entered into an agreement with the City, has been issued a permit pursuant to this article, or is exempt from this article pursuant to Section 7.04.250. No person other than the City's solid waste franchisee may collect or process construction and demolition debris within the City unless the person has been issued a permit pursuant to this article, or is exempt from this article pursuant to Section 7.04.250.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001)
The City Manager shall have the authority and the duty to issue permits for the collection and processing of recyclable material as provided for in this Article IV. The City Manager shall also have the authority and the duty to issue permits for the collection and processing of construction and demolition debris as provided for in this Article IV.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001)
The City Manager shall issue permits pursuant to this chapter only to persons meeting the criteria of this Article ]IV. Each permit shall terminate without further notice not later than one year from date of issuance.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001)
A. 
Required Information. The applicant shall provide the City Manager the following information:
1. 
Name and description of the applicant;
2. 
Permanent home and business address and full address of the applicant;
3. 
Trade and firm name;
4. 
If a joint venture, a partnership or limited partnership, the names of all partners, and the names of the officers, and their percentage of participation and their permanent addresses;
5. 
If a corporation, the names and permanent addresses of shareholders who own greater than a ten percent ownership in the corporation and their percentage ownership and all officers;
6. 
The name and location of the disposal site where the applicant intends to legally dispose of residue;
7. 
The name and location of the MRF;
8. 
For persons applying for a permit for the collection and processing of recyclables, facts showing that the applicant is qualified to render recyclable material collection service, and for persons applying for a permit for the collection and processing of construction and demolition debris, facts showing that the applicant is qualified to render construction and demolition debris collection service;
9. 
That the applicant owns or has under control in good mechanical condition, sufficient equipment to conduct adequately the business of recyclable material collection or construction and demolition debris collection, as appropriate, and that the applicant owns or has access to suitable facilities for maintaining the equipment in a clean and sanitary condition;
10. 
That the vehicles and equipment conform to all applicable provisions of this chapter, State and local laws and regulations; and
11. 
Such other facts or information as the City Manager may require.
B. 
Indemnification by Permittee. As a condition of the permit, permittee shall appear and defend all actions against the City arising out of the exercise of said permit, and shall indemnify and save the City, its officers, employees and agents harmless of and from 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 and all solid waste in any disposal site whether to the U. S. Government, State of California, or any other public or private person, firm, or agency.
C. 
Liability and Workers' Compensation Insurance. The permittee must furnish the City with proof of comprehensive general liability insurance with limits not less than one million dollars combined each occurrence and aggregate; and workers' compensation insurance covering all employees of the permittee. Copies of such policies, or certificates evidencing such policies, shall be filed with the City Manager. The policy shall name the City of Union City, by endorsement, as an additional insured on all such policies. All policies shall contain a provision requiring a thirty-day notice to be given to the City prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the Council. The amount of workers' compensation insurance shall comply with the limits required by the State of California.
D. 
Compliance With Motor Vehicle Code. The permittee's trucks must comply with the regulations as set forth in the California Motor Vehicle Code, all other applicable California codes, and this chapter.
E. 
Compliance With Local, State and Federal Laws and Regulations. The permittee agrees by acceptance of a permit 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, processing and disposal of recyclable material and construction and demolition debris, as appropriate. The permittee shall also comply with all other ordinances and regulations of the City and applicable laws and regulations of the County of Alameda and State of California, and shall obtain and keep in force all required permits and business licenses.
F. 
Additional Prerequisites. The Council may require certain additional prerequisites to the issuance of a permit and such terms and conditions, regulating the activities of the permittee, as the Council may deem necessary or proper and may, from time to time, amend this chapter which amendments shall be binding upon any permittee as of the effective date of such amendment.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001)
The City Manager shall investigate the information required by Section 7.04.180 of this chapter and verify that the permittee is capable of complying with the provisions of this chapter and the rules and regulations of the City. The City Manager shall notify the City Council of the findings prior to approval or denial of the permit.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001)
A. 
The permittee shall not assign its rights or delegate or otherwise transfer its obligations pursuant to this Article IV in whole or in part to any other person without the prior written consent of the City. Any such assignment made without the consent of the City shall be void and the attempted assignment shall result in the revocation of the permittee's permit.
For purposes of this section, "assignment" shall include, but not be limited to: (1) a sale, exchange or other transfer of substantially all of permittee's assets dedicated to service under this chapter to a third party; (2) a sale, exchange or other transfer of ten percent or more of the outstanding common stock of permittee; (3) 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% or more of the value or voting rights in the stock of permittee; and (4) 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. 
If permittee requests City's consideration of and consent to an assignment, City may deny or approve such request in its complete discretion. No request by permittee for consent to an assignment need be considered by City unless and until permittee has met the following requirements:
1. 
Permittee shall undertake to pay City its reasonable expenses for attorney's fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment; and
2. 
Permittee shall furnish City with satisfactory proof: (a) that the proposed assignee has a sufficient number of years of experience on a scale equal to or exceeding the scale of operations conducted by permittee under this Article IV; (b) that in the last five years, the proposed assignee has not suffered any citations or other censure from any Federal, State or local agency having jurisdiction over its operations due to any significant failure to comply with Federal, State or local waste management laws and that the assignee has provided the City with a complete list of such citations and censures; (c) that the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; (d) that the proposed assignee conducts its activities in accordance with sound waste management practices in full compliance with all Federal, State and local laws regulating the collection and disposal of solid waste, including hazardous waste as identified in Title 22 of the California Code of Regulations; and (e) of any other information required by City to ensure the proposed assignee can fulfill the terms of this chapter in a timely, safe and effective manner.
Under no circumstances shall any proposed assignment be considered by City if permittee is in default at any time during the period of consideration.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001)
Permittee shall submit to the City an annual statement of operations in a form prescribed by the City and before the end of each year, its request for a permit renewal. Such annual statement shall, at a minimum, include the permittee statement of the amount of recyclable material and construction and demolition debris collected in the City by type, customers serviced and amounts paid to customers.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001)
Prior to issuance or renewal of the permit, permittee shall pay to City such fees as shall be set by resolution of the City Council.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001)
A. 
Collection of Solid Waste, Yard Waste or Mixed Waste Prohibited. Permittees operating under a permit for the collection and processing of recyclables shall not collect solid waste, yard waste, or mixed waste containing solid waste and/or yard waste and/or recyclable materials. Permittees operating under a permit for the collection and processing of recyclables shall only collect recyclable materials from such occupants of residential, commercial or industrial premises with whom it has an agreement, who separate the recyclable materials from solid waste and place such recyclable materials at a designated location for collection by the permittee. Permittees operating under a permit for the collection and processing of recyclables shall only collect those recyclable materials for which it has compensated the waste generator.
B. 
Charges for Services. Permittees operating under a permit for the collection and processing of recyclables shall not charge, nor shall permittee receive, value from the waste generator for the permittee's services.
C. 
Construction and Demolition Debris Permittee Collection of Solid Waste, Yard Waste or Mixed Waste Prohibited. Permittees operating under a permit for the collection and processing of construction and demolition debris shall not collect other solid waste, yard waste, recyclables, or mixed waste containing solid waste and/or yard waste and/or recyclable materials. Permittees operating under a permit for the collection and processing of construction and demolition debris shall only collect construction and demolition debris that has been separated from other solid waste and placed at a designated location for collection. Permittees operating under a permit for the collection and processing of construction and demolition debris shall only collect from a premises such construction and demolition debris as the permittee has by agreement with the occupant or the occupant's contractor or other designee received authorization to collect.
D. 
Construction and Demolition Debris Permittee Charges for Services. Permittees operating under a permit for the collection and processing of construction and demolition debris may charge and receive value from the waste generators for their services.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001)
A. 
Conditions for Revocation. A permit may be revoked, at the option of the Council, in the event there is a change of ownership or management control of any kind or nature of the operating company, unless approval therefor has been obtained in writing from the Council; or it is determined by the City Manager, after reasonable notice to the permittee, that the permittee has not complied with either the provisions of this chapter or all other applicable statutes, ordinances, rules and regulations.
The City Manager shall notify the permittee in writing of noncompliance and shall order compliance within thirty days.
B. 
Hearing for Noncompliance. If noncompliance is not corrected within said thirty-day period, the Council, after a hearing, shall be empowered to cancel the permit or take such other action as the Council shall determine.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001)
A. 
The following persons are exempted from the provisions of this article:
1. 
The City;
2. 
A nonprofit organization if it collects recyclable material, other than those set out for collection;
3. 
Commercial business owners, if they deliver for recycling, source separated recyclable material;
4. 
A person who has entered into a franchise agreement with the City for collection of recyclable material, not contaminated by solid waste, for recycling. If this is the case, all regulations in Article II of this chapter shall apply in addition to any requirements contained in the franchise agreement; and
5. 
A person who is delivering recyclable material for recycling under the California Container Recycling Litter Reduction Act (Public Resource Code Section 14500 et seq.).
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001)