Each franchise collector shall be entirely independent of every other franchise collector. Franchise holders shall be independent as to ownership, operational capability, and financial support. Prior to the granting of a franchise, and on July 1 of each year after the grant, each franchise collector shall file a statement of ownership, operational capability, and financial support and shall verify the same as being true and correct under the penalty of perjury. The statement shall be in such form as may be prescribed therefor by the department.
(Ord. CS 1315 §1, 2022)
A. 
Within their franchise area, the franchise collector shall have the exclusive right to perform discarded materials service, in accordance with this chapter, subject to the limitations described in subsection B of this section and except where otherwise precluded by applicable law. However, as provided by Sections 9.09.080 through 9.09.100 and 9.10.080 through 9.10.100, other persons may be issued permits which can be exercised in a franchise area.
B. 
The award of a franchise to a franchise collector shall not preclude the categories of discarded materials listed in subsections (B)(1) through (B)(11) below from being delivered to and collected and transported by others, provided that nothing in this section is intended to or shall be construed to excuse any person from obtaining an authorization from the county which is otherwise required by this county code or applicable law. The county may permit other persons besides the contractor to collect any and all types of materials excluded from the scope of its franchise, as set forth below, without seeking or obtaining approval of franchise collector:
1. 
Self-Hauled Materials. A generator may transport discarded materials generated in or on their own premises by themselves or their employees and with their own vehicle and equipment to a processing or disposal facility in accordance with Section 9.04.050.
2. 
Donated or Sold Materials. Collection and transport of recyclable materials and organic materials other than edible food which are source separated from solid waste at any premises by the generator and that: (a) generator sells or donates to any other persons, including youth, civic, or charitable organizations, provided that there is no net payment made by the generator to such other person; or (b) have value equal to or more than the cost of collection.
3. 
Edible Food. A person, such as a person from a food recovery organization or food recovery service, that removes edible food from a generator and transports edible food for the purpose of human consumption regardless of whether generator donates, sells, or pays a fee to the food recovery organization or food recovery service for such service.
4. 
Food Scraps. Food scraps that are separated by the generator and used by the generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by generator or hauled by another party.
5. 
Beverage Containers. Containers delivered for recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq., California Public Resources Code.
6. 
Materials Removed by Customer's Contractor as Incidental Part of Services. Recyclable materials, organic materials, solid waste, construction and demolition debris (C&D), and bulky items removed from a premises by a contractor (e.g., gardener, landscaper, tree-trimming service, construction contractor, residential clean-out service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service.
7. 
On-Site or Community Composting. Organic materials composted or otherwise legally managed at the site where it is generated (e.g., backyard composting, on-site anaerobic digestion), or at a community composting site.
8. 
Animal, Grease Waste, and Used Cooking Oil. Animal waste and remains from slaughterhouse or butcher shops, grease, or used cooking oil.
9. 
Sewage Treatment By-Product. By-products of sewage treatment, including sludge, sludge ash, grit, and screenings.
10. 
Excluded Waste. Excluded waste regardless of its source.
11. 
Materials Generated by State Facilities. Materials generated by state facilities located in the county, including, but not limited to, any public school district, provided that the generator has arranged services with other persons or has arranged services with the contractor through a separate agreement.
C. 
Franchise collectors acknowledge and agree that the city may permit other persons besides the contractor to collect any and all types of materials excluded from the scope of its franchise, as set forth above, without seeking or obtaining approval of franchise collector.
(Ord. CS 1315 §1, 2022)
A. 
The franchise collector acknowledges the county's commitment for delivery of solid waste to specified facilities and the county's right to direct material for disposal as capacity allows.
B. 
In a mandatory collection service area, franchise collectors shall transport all discarded materials collected in its service area to an approved facility as designated by the department to process or dispose of each discarded material type, in accordance with the requirements of Chapter 9.04.
C. 
In an exempt collection service area, franchise collectors shall transport all discarded materials collected in its service area to a disposal facility or other approved facility as designated by the department.
(Ord. CS 1315 §1, 2022)
The board may, by resolution, establish discarded materials franchise areas in the unincorporated area of the county. The board shall specify in all franchises the collection area within which the franchise collector may provide discarded materials service within the county. No franchise collector shall at any time collect, transport, or use discarded materials in the county outside the limits or the area fixed in the franchise agreement unless expressly permitted by the county. The intent of this provision is that services as required by Chapters 9.02 through 9.12 and the franchise regulations shall be performed in the franchise area by the franchise collector. The area so specified in any franchise may be modified at any time should the board find such modification necessary for the efficient administration of Chapters 9.02 through 9.12 and in the public interest; or, in response to changes in applicable law. In the event of such a modification, the holder of a franchise shall be given a ninety-day written notice thereof before the modification shall become effective.
(Ord. CS 1315 §1, 2022)
A franchise collector shall provide discarded materials service to all premises situated within the franchise area specified in its franchise agreement and in accordance with the service requirements of Chapters 9.02 through 9.12. A franchise collector shall not be required to service oversize, overweight or unsafe containers, or containers meeting criteria otherwise specified by the department. In the event that a customer has failed to pay the charges for such discarded materials service for a period of thirty days after the due date of the charges, the franchise collector may seek remedies permitted by the department, in accordance with a process determined by the department.
(Ord. CS 1315 §1, 2022)
During each calendar year, all franchise collectors shall offer each residential customer within their franchise area two bulky item collection service opportunities at no additional cost to the customer. Materials eligible for bulky item collection must be generated at the same premises where the collection occurs. Bulky item collection services shall be performed in the manner described below or as otherwise approved by the department.
A. 
Residents shall schedule their bulky item collection with their appropriate franchise collector a minimum of two weeks prior to the date of collection.
B. 
Residents may place any number of acceptable bulky items out on their scheduled collection day granted the total dimension of all the material does not exceed six feet long by six feet wide by six feet high.
C. 
Items placed for collection shall be placed at the front of residential premises at the edge of the nearest county- or state-maintained road, no earlier than six p.m. on the day prior to the scheduled collection day. Items placed for collection shall in no way impede traffic or block mailboxes, driveways, or sidewalks and shall be at least three feet from any discarded materials container.
D. 
Unacceptable items, as determined by the county, shall not be placed for collection. Unacceptable items include, but are not limited to, tires, automobile parts, hazardous materials, chemicals, toxic materials, liquids, paints, solvents, plate glass, TVs, computer monitors, concrete, asphalt, fencing, construction debris, demolition debris, wood, garden waste, tree stumps, items associated with business, dead animals, fluorescent light tubes, sod, glass, mirrors, or household materials accepted in the county's one-, two-, or three-container collection service.
(Ord. CS 1315 §1, 2022)
A. 
Charges to residential and commercial customers of a franchise collector for discarded materials service shall be determined by the board. The charges may be revised by the board from time to time after a public hearing hereon and a determination by the board that a change is in the public interest.
B. 
The department may authorize a customer to receive reduced service for a reduced charge, provided that service is provided at a level that meets or exceeds the minimum service level requirements of the county code and applicable law. The board may, but shall not be obligated to, establish other criteria at a later date for reduction in charges for customers, such as income-based reductions.
(Ord. CS 1315 §1, 2022)
All charges or fees for service by a franchise collector shall be uniform within the franchise collector's franchise area for the same services as fixed and approved by the board. Any customer contending that they have been required to pay an unreasonable charge for any service, or has in any manner been subject to an overcharge, may file a written complaint with the department. Such complaint shall set forth the facts of such alleged overcharge and the department shall notify the franchise collector of the complaint and shall investigate the matter of the complaint and shall determine the charge.
(Ord. CS 1315 §1, 2022)
The franchise collector shall pay an annual fee in a sum determined by the board payable each year on the first day of July. In addition to the annual fee, the franchise collector shall pay a franchise fee quarterly to the county based on a percentage of the gross revenues realized from services required to be furnished by Chapters 9.02 through 9.12 or other reasonable basis. The franchise fee may be revised by the board from time to time after a public hearing thereon and a determination by the board that a change is in the public interest.
(Ord. CS 1315 §1, 2022)
A. 
Generators shall not place prohibited container contaminants in a collection container.
B. 
A franchise collector providing two-container service or three-container service, shall, at its sole expense, conduct route reviews of containers for prohibited container contaminants in a manner that is approved by the department and complies with the minimum requirements of 14 CCR Section 18984.5. The franchise collector shall develop a specific route review methodology and schedule to accomplish the above container inspection requirements and such methodology shall comply with the requirements of 14 CCR Section 18984.5(b). Franchise collector shall submit its proposed route review methodology for the coming year to the department no later than January 15 of each year describing its proposed methodology for the calendar year and schedule for performance of each route's annual review. The department, or its designee, shall review the proposed methodology for approval. Franchise collectors may commence with the proposed methodology upon approval. Alternatively, the department retains the right to create and prescribe the route review methodology. The department may request, and franchise collector shall accept, modifications to the schedule to permit observation of the route reviews by the department or its designee.
C. 
Upon identification of prohibited container contaminants in a customer's container during the route review, franchise collector shall follow the contamination response and noticing protocol specified in Section 9.08.230.
(Ord. CS 1315 §1, 2022)
A. 
Upon identification of prohibited container contaminants in a collection container, the franchise collector shall collect the container and provide a courtesy collection notice as provided in subsection B, or shall provide customer a noncompliance notice as provided in subsection C. The format, content, and manner of distribution of courtesy collection notices and of noncompliance notices shall be approved by the department and shall, at a minimum, comply with the requirements of 14 CCR Section 18984.5(b). Franchise collectors shall also notify the customer of any penalties that may be assessed for continued violations as provided in subsection E.
B. 
Prior to October 1, 2022, franchise collectors shall, for the first and second instances of identified prohibited container contaminants within any consecutive three-month time period, provide courtesy collections to the customers and leave a courtesy collection notice to the customer in accordance with subsection A.
Beginning October 1, 2022 and thereafter, franchise collectors shall, for the first instance of identified prohibited container contaminants within any consecutive three-month time period, provide a courtesy collection to the customers and leave a courtesy collection notice to the customer in accordance with subsection A.
C. 
For any subsequent instances of identified prohibited container contaminants within the same three-month time period for which courtesy collections were provided in accordance with subsection B, the franchise collector may choose to not collect the contaminated container and shall issue a noncompliance notification to the customer in accordance with subsection A. Franchise collectors shall transport collected materials to the appropriate approved facility as provided in subsection D. The franchise collector shall notify the department of any instances of noncollection due to the presence of prohibited container contaminants.
D. 
For any instance in which a franchise collector collects a container with prohibited container contaminants in a three-container system, the franchise collector shall collect the contaminated recyclable materials and/or organic materials container and either transport the material to the appropriate approved facility for processing, or collect the contaminated materials with the solid waste and transport the contaminated materials to the approved disposal facility. A courtesy collection of contaminated recyclable materials or organic materials where the materials are sent to the approved disposal facility in accordance with this subsection may be made with a solid waste collection vehicle, provided that the contaminants may safely and lawfully be collected as solid waste. For any instance in which a franchise collector collects a container with prohibited container contaminants in a two-container system, the franchise collector shall collect the material from containers designated for source separated collection and transport the material to the appropriate approved facility for processing that discarded material type, or may instead collect the contaminated source separated material container with the mixed waste and transport to the approved facility for processing or disposing of mixed waste.
E. 
Should a customer continue to remain noncompliant after a franchise collector has followed the procedures described in subsection C, the franchise collector shall notify the department and the department shall determine the appropriate action to ensure compliance with applicable law. If requested by the department, the franchise collector shall assist with steps such as, but not limited to, delivering further notices, conducting follow-up visits, assessing county-approved fees, or assisting the county in assessing county-approved fees.
(Ord. CS 1315 §1, 2022)
A franchise collector shall record in writing whenever the franchise collector has refused to pick up a container because the container is unavailable for collection, blocked, overloaded, contains excluded waste, is not a franchise collector or county provided container, the container has been tipped over and the contents scattered in a manner that prevents collection of the materials, or due to other criteria determined by the department. Such records shall be made available to the department upon request. A franchise collector shall notify the department when they observe or are notified of any violations of Chapters 9.02 through 9.12. Collection issues related to prohibited container contaminants shall be handled in accordance with Section 9.08.230.
(Ord. CS 1315 §1, 2022)
Whenever a franchise collector refuses to collect discarded materials due to violations or is providing a warning to the customer, the franchise collector shall place a tag on the container explaining the violation or reason for noncollection, any penalties that may be incurred for continuing violations, and other education or information as determined and approved by the department. Whenever an authorized representative of the department observes a violation of this chapter, they shall inform the owner or occupant responsible for the violation, and provide notice of the illegal condition in writing. The notice shall have a copy of the penalties set forth in Chapters 9.02 through 9.12 printed upon it, as applicable, and shall inform the owner or occupant of the action necessary to correct the illegal condition. The owner or occupant shall, within seven days, correct the illegal condition. Collection issues related to prohibited container contaminants shall be handled in accordance with Section 9.08.230.
(Ord. CS 1315 §1, 2022)
In the event of suspension or revocation of a franchise, the county shall have the right forthwith to take possession of, or assume the contractual rights to all trucks and other equipment of the franchise collector for the purpose of providing discarded materials service and performing all other duties which the franchise collector is obligated to perform. The county shall have the right to retain possession of such trucks and equipment until other suitable trucks and equipment can be purchased or otherwise acquired by the county, or its designee, for such purpose. The county shall pay the franchise collector a reasonable rental for the use of such trucks and equipment.
(Ord. CS 1315 §1, 2022)
In the event the discarded materials service of a franchise collector is interrupted by a labor dispute and scheduled collections are discontinued for more than seventy-two hours, the county shall have the right to forthwith take temporary possession of, or assume the contractual rights to, all facilities and equipment of the franchise collector for the purpose of continuing the service which the franchise collector has agreed to provide in order to preserve and protect the public health and safety. The county shall have the right to retain possession of such facilities and equipment and to render the required service, until the franchise collector can demonstrate to the satisfaction of the county that required services can be resumed by the franchise collector, provided that such temporary assumption of the franchise collector's obligations under this franchise shall not be continued by the county for more than one hundred twenty days from the date such operations were undertaken. Should the franchise collector fail to demonstrate to the satisfaction of the county that required services can be resumed by the franchise collector prior to the expiration of the aforementioned one hundred twenty days, the rights and privileges granted to the franchise collector may be forfeited and the franchise granted under this chapter may be revoked.
(Ord. CS 1315 §1, 2022)
During any period in which the county has temporarily assumed the obligations of the franchise collector under this chapter, the county shall be entitled to the gross revenue attributable to operations during such period and shall pay therefrom only those costs and expenses, including a reasonable rental for use of trucks and equipment, applicable or allocable to the period. The excess, if any, of revenue over applicable or allocable costs and expenses during such period shall be deposited in the treasury to the county to the credit of the general fund. Final adjustment and allocation of gross revenue, costs and expenses to the period during which the county temporarily assumed the obligations of the franchise collector shall be determined by an audit, by a certified public accountant, or licensed public accountant, and prepared in report form with their unqualified opinion annexed thereto.
(Ord. CS 1315 §1, 2022)
Employees of the franchise collector may be employed by the county during any period in which the county temporarily assumes the obligations of the franchise collector under the franchise, provided that the rate of compensation to be paid the employees, or any other employees, shall be the rate or rates in effect at the time the franchise collector's service was interrupted by the labor dispute, and the terms and conditions of employment shall be the same as provided by the franchise collector.
(Ord. CS 1315 §1, 2022)
Franchise collectors shall comply with the requirements of, and duties imposed by, Sections 1072 and 1075 of the California Labor Code regarding offers of employment to any displaced employees resulting from a change in service provider, if any, resulting from its franchise agreement or upon the expiration of their franchise agreement with the county.
(Ord. CS 1315 §1, 2022)
Each franchise collector granted a franchise pursuant to the provisions of this chapter shall maintain detailed customer contact and account data, customer service, accounting, billing, statistical, operational, programmatic, and other records, and associated documentation, related to its performance as shall be necessary to provide detailed and accurate reports to the county, and to demonstrate compliance with the county code, its franchise agreement with the county, and applicable law. Unless otherwise specified by the department, franchise collectors shall retain all required records and data for the term of its franchise agreement with the county, plus five years after the expiration or earlier termination of the agreement. The franchise collector's records shall be stored in one central location, physical or electronic, that can be readily accessed by the franchise collector. Upon request, any such records shall be retrieved in a timely manner, not to exceed five working days of a request by the department and made available to the department, or its designee; including any record or documentation that the county, in its sole discretion, may deem necessary for the county to fulfill obligations under applicable law, including, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, SB 1383, and other current or future applicable law, as amended.
The county, its officers and employees, or designee shall be entitled to inspect, audit, and copy such books and records upon reasonable notice during normal business hours.
(Ord. CS 1315 §1, 2022)
A. 
Annual Financial Report. Annually, on October 31, franchise collectors shall provide the department with three copies of an audited financial statement for the fiscal year having ended on June 30. The audited financial statement shall be prepared by a certified public accountant or licensed public accountant. The accountant shall be entirely independent of the franchise collector, and shall have no financial interest whatsoever in the business of the franchise collector. The department shall specify the form and detail of the annual audited financial statement. In the event of failure to provide any such report, the department may employ a qualified accountant or the county auditor to prepare the report, and the franchise collector in such case, shall be liable for the pay, costs, and other expenses of the accountant or county auditor.
B. 
Other Reporting. Franchise collectors shall provide reports or documents as the department reasonably determines to be required for the administration of its franchise agreement, compliance with the county code, or compliance with other applicable law, including, but not limited to, activities delegated to the franchise collector that are necessary for the county's compliance with the SB 1383 regulations. Franchise collectors shall submit reports to the department in a manner and format specified by the department. The department shall provide franchise collectors with a written notice of the specific required report content and submittal requirements, which may be amended periodically in the sole discretion of the department.
C. 
Required Forms. Annually, or as required by the department, franchise collectors shall provide to the department a notarized management representation affidavit and non-collusion affidavit for the upcoming calendar year. Each affidavit shall be composed and in a format as determined by the department. Such affidavits shall be submitted to the department by October 31 with the reports submitted under this section, unless otherwise specified by the department.
(Ord. CS 1315 §1, 2022)
A. 
All collections shall be made with vehicles, containers, and other equipment of a design approved by the department. All collections shall be made as quietly as possible and noise abatement shall be a consideration of vehicle and equipment inspections and approval. All trucks of a franchise collector shall be clean, sanitary, and well painted. Those vehicles transporting organic materials, mixed waste, or solid waste shall be disinfected immediately after being used.
B. 
Vehicles shall meet on-road heavy duty vehicle emissions requirements and comply with all applicable law relating to the franchise collector's vehicles. Franchise collectors shall review the potential viability for alternative fueling options for the collector's fleet on an on-going basis throughout the term of its franchise agreement, such as the procurement of renewable natural gas to support the county's fulfillment of its annual recovered organic waste product procurement target in accordance with 14 CCR Section 18993.1. Franchise collectors shall maintain records of the amount of renewable natural gas purchased, if any, and shall report this information if required by the department under Section 9.08.330.
(Ord. CS 1315 §1, 2022)
A. 
The franchise collector shall have the truck identification number and franchised collection company's name printed or stenciled, in letters at least four inches in height, in a prominent place on both exterior sides of each vehicle used for discarded materials service.
B. 
Containers shall have the franchised collection company's name printed or stenciled, in letters at least two inches in height, in a prominent place. All printing or stenciling must be clearly legible. Additionally, on and after January 1, 2022, all new containers shall comply with the labeling requirements set forth in 14 CCR Section 18984.8. Franchise collectors shall provide all customers with collection containers that comply with the container color requirements specified in 14 CCR Section 18982 and 14 CCR, Division 7, Chapter 12, Article 3, in accordance with the timeline specified in 14 CCR Section 18984.7. Franchise collectors shall obtain the department's written approval of container material, design, colors, labeling, and other specifications before acquisition, painting, labeling, or distribution of containers occurs.
(Ord. CS 1315 §1, 2022)
A franchise collector shall not use a firm name containing the words "county" or "Stanislaus" or other words implying county ownership. The franchise collector shall establish and maintain an office where service may be applied for and complaints made. Such office shall be equipped with a listed telephone to which calls from county residents may be placed without payment of toll charge, and shall have a sufficient number of office personnel to handle all service calls without delay between the hours of eight a.m. and five p.m. of each day, except Saturdays, Sundays, and holidays, during which a voicemail system shall be available. Any employee or subcontractor of the franchise collector shall at all times maintain a professional and courteous disposition when interacting with customers. Franchise collectors shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all customer service requests and complaints.
(Ord. CS 1315 §1, 2022)
A franchise collector shall supply the department with the name of the owner or occupant of each premises served, the address of the property, current maps and schedules of collection routes, and any other information requested by the department for administration of the franchise agreement or compliance with applicable law.
(Ord. CS 1315 §1, 2022)
A. 
A franchise collector shall supply every occupant of premises served under its franchise with public education and outreach materials, as specified in this section. Public education materials shall include, at a minimum: printed information stating the amounts and service levels of discarded materials which will be collected, rates, regulations affecting collections, days of collections and holiday information, complaint procedures, and the information required by 14 CCR 18985.1(a). Notwithstanding this section, franchise collectors providing one-container service in mandatory collection service areas are not required to include the source separation information required under 14 CCR Section 1895.1(a)(1) in the education materials provided to customers receiving one-container collection service, but shall include information indicating that mixed waste is processed at a high diversion organic waste processing facility. The department retains the right to modify the list of required education content, and shall notify the franchise collector of such modification requests in a timely manner.
B. 
Franchise collectors shall, at a minimum, provide public education materials in accordance with this section on an annual basis, as well as when service is initiated and in advance of any changes of collection days, rates, regulations, or applicable law affecting discarded materials service. Education materials provided by the franchise collector shall comply with the language requirements set forth in 14 CCR 18985.1(e), which may be further defined by the department.
C. 
Franchise collectors shall maintain a publicly accessible website or webpage that is specific to the services provided in the county. Such website shall include, at a minimum, information on the topics listed above in subsection A. Upon request from the department, the franchise collectors shall include links to applicable county webpages, or designee webpages, for further information regarding topics described in this section. If directed by the department, inclusion of such external links may be used in addition to, or in lieu of, franchise collector-created website content required by this subsection.
D. 
Franchise collectors shall obtain approval from the department on all franchise collector-provided educational, advertising, promotional, or service-related materials or messaging used within its franchise area before publication, distribution, or release. Franchise collectors shall cooperate and coordinate with the department, or its designees, on public education activities to minimize duplicative, inconsistent, or inappropriately timed education campaigns.
(Ord. CS 1315 §1, 2022)
A. 
Within mandatory collection service areas the property owner, or by special arrangement with the department, the occupant, shall be required to contract and pay for collection services.
B. 
Franchise collectors may bill the property owner, or by special arrangement with the department, the occupant within mandatory collection service areas, and property owners or occupants within exempt collection service areas, and collect service charges in accordance with the rates adopted by the board for collection service.
C. 
Franchise collectors may assess one and one-half percent per month late charge on collection service balances still unpaid thirty days after the completion of services rendered for that billing period only when compliance with the following conditions can be demonstrated:
1. 
All customers must be informed of the penalty provision above at least thirty days before such charge is imposed;
2. 
Customers who are delinquent, but who have not received prior notice of the delinquency penalty, must be notified of the penalty and given thirty days from the date of notice to submit payment before any penalty is applied;
3. 
The penalty may only be applied to the outstanding balance each month, and no penalty may exceed one and one-half percent of the outstanding balance in any one month or eighteen percent of the original delinquent balance in any one twelve-month period.
D. 
Appropriate penalties for nonpayment may be granted by the board should the county perform the billing services.
(Ord. CS 1315 §1, 2022)