A. It is
unlawful for any person to contract for or provide solid waste collection
services in the City or to contract for or provide single-family residential,
multifamily residential, commercial, or industrial solid waste collection
services, whether permanent or temporary, unless the person holds
a franchise from the City.
B. The
terms and conditions of any franchise agreement between the City and
a franchisee, in conjunction with this chapter, govern the work of
the franchisee. Said franchise agreement may contain terms and conditions
which are more restrictive than those of this chapter.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. General.
1. Each
collector must conduct its operations so as to cause the least possible
obstruction and inconvenience to public traffic or disruption to the
peace and quiet.
2. After
collection, a collector must replace each container upright in the
same location where it was found. Collectors must remove any solid
waste or litter that is spilled or deposited on the ground as a result
of any activities of the collector.
3. Each collector must comply with the noise regulations in Chapter
5.04 and in no event emit any noise within 500 feet of occupied residential property that exceeds 75 decibels when measured at a distance of 25 feet.
4. Each
collector must perform all work in a manner that provides safety to
the public and meets or exceeds all applicable occupational safety
and health standards, rules, regulations and orders established by
the State.
5. No
vehicle or equipment used in collections may be stored on any public
street or other public property in the City. All such vehicles and
equipment, if kept within the boundaries of the City, must be kept
on property of the proper zoning within a building or fenced yard
at all times when not in use.
6. No
collector is permitted to transfer waste materials from one vehicle
to another on any public street unless such transfer is essential
to the operation and is approved by the Director, or is necessitated
by mechanical failure or accidental damage.
7. Each
collector must maintain an office and telephone at a fixed location
and have some person at the office to answer inquiries and receive
complaints at all times during the hours between 8:00 a.m. and 5:00
p.m., Monday through Friday, except holidays. The telephone number
must be toll-free and be listed in a Citywide directory in the name
under which it conducts business in the City.
8. A
collector must maintain any containers it provides in a clean condition
and may charge appropriate fees or any agreed upon rate for this service.
9. Each
collector operating in the City must make recycling containers and
services available to their customers. A franchisee has the responsibility
for all recyclables and organic waste collection services from single-family
residential premises within the City. For multifamily, commercial
and industrial generators, collectors must develop, in cooperation
with each generator, an individual recycling plan suitable for each
such generator.
B. Residential.
1. Each
collector must perform collections from each residential premises
served by the collector not less than once every seven days or as
approved by the Director.
2. Residential
collections must be made only between the hours of 7:00 a.m. and 7:00
p.m. Monday through Saturday. Hours and days of collection are subject
to change by the City Council.
3. When
the collection day falls on a holiday, the collector must collect
on the holiday, or collect one day prior to or one day after the holiday.
4. If
requested by a residential householder, a collector must provide special
collection of solid waste at such times and at such rates as may be
agreed upon by the collector and the person requesting the service.
If no agreement is reached, such special collections, charges and
times will be determined by the Director.
5. If
a residential collector ceases to provide services to any resident,
the residential collector must provide seven days written notice of
termination to the customer. This notice must also include the name
and telephone number of the City's residential franchisee.
C. Commercial/Industrial.
1. Each
collector must provide collections from commercial/industrial premises
on a schedule which is agreed upon between the commercial/industrial
business owner and the collector. In no event may the collection schedule
permit the accumulation of garbage on the premises for more than seven
days or the accumulation of solid waste in quantities detrimental
to public health or safety.
2. All
collections from multifamily residential property or within 500 feet
of occupied residential property must be made between the hours of
7:00 a.m. and 7:00 p.m., Monday through Saturday. Hours and days of
collection are subject to change by the City Council.
3. Collectors
must collect and dispose of all solid waste, organic waste, and recyclable
material presented for collection at each commercial/industrial premises
in conformity with the provisions of this chapter. Any such collection
or disposal must be in accordance with all applicable laws and any
controlling franchise agreement between the City and a franchisee.
All solid waste, organic waste, and recyclable material collected
by a collector is the property of the collector.
4. A
collector who provides any container or other equipment used for the
storage of commercial or industrial solid waste must place and maintain
on the outside of such container or other equipment the collector's
name or firm name and telephone number in legible letters and numerals
not less than four inches high and in a color contrasting with the
container's color. A collector must provide containers on casters
and/or with locks upon request by the commercial or industrial business
owner or the Director.
5. A business that has its own recycling or resource recovery program for recyclable materials generated by such business may be excluded from utilizing a franchised or permitted collector provided that the business complies with Section
9.02.250 of this chapter and provided that the business reports its recycling tonnage to the City in accordance with Section
9.02.350.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. No residential
or industrial collector is permitted to operate in the City without
a franchise agreement or a valid commercial permit from the Director.
B. A collector must obtain or renew the permit required by subsection
A annually by submitting an application and all requested information related thereto no later than October 31 of the year preceding the permit period, which begins January 1 and ends December 31.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
The City Council may from time to time review and, by resolution,
establish rates to be charged to customers by a franchisee. No franchisee
or permittee is permitted to charge any rate except the rate established
by the City Council.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. Each
collector must remit fees to the City in amounts determined by resolution
of the City Council and set forth in franchise and/or permit agreements
required of all collectors.
B. The
City may increase or decrease collector fees to any amount, if, in
the sole discretion of the City, it is necessary to defray City waste
management costs.
C. A franchisee
must pay franchise and permit fees quarterly, not later than 20 calendar
days after the end of each quarter ending on March 31, June 30, September
30, and December 31. If the 20th calendar day falls on a weekend or
holiday, the quarterly remittance is due on the next working day.
D. Each
remittance required by this section must be accompanied by a report
setting forth the basis and calculations used for computing the amount
due. The figures used in the report must agree with the collector's
general books of account. The collector's books of account must
be made available to the City upon demand for the purposes of auditing
quarterly and annual reports. Audits will take place at the collector's
administrative facility. If the figures used in the report disagree
with the collector's general books of account, the collector
is liable for all audit costs, including City staff charges. If the
figures used in the report agree with the collector's general
books of account, the City will pay the costs of the audit.
E. If a
collector fails to remit fees as required by this section, the collector
must pay a penalty in the amount established by the City Council.
After the 30th day following the due date, failure to remit the required
payments to the City, or failure to make books of account available
to the City on demand, whether by willful act or omission, or willful
falsification of the figures used to determine permit fee remittances
to the City, may result in the termination or revocation of the franchise
or permit.
(Ord. 562 § 3, 2019; Ord. 575 § 2, 2021)
A franchise or permit issued pursuant to this chapter must not
be transferred, delegated, sublet, subcontracted to or assigned without
the advance approval of the City Council. This restriction includes
the transfer of ownership or the majority of the ownership or control
of the franchisee or permittee or transfer of a majority of the franchisee's
or permittee's stock to another person.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. Compliance
with Statutes, Ordinances and Regulations.
1. Collectors
must provide collections in accordance with standards for similar
sized cities in southern California. Collectors must comply with all
current statutes, ordinances, and requirements of all government entities,
relating to the collector's performance pursuant to this chapter,
including, but not limited to, the laws governing transfer, storage
or disposal of hazardous waste, as well as the requirements of the
California Integrated Waste Management Board (CIWMB). CIWMB requirements
include, but are not limited to, source reduction and recycling.
2. Collectors
are responsible for the payment of fines, surcharges and fees levied
by the County of San Diego for any violations of the San Diego County
Code of Regulatory Ordinances.
B. Insurance.
Collectors must at all times maintain in full force and effect insurance
in the types and amounts approved by the City. Prior to commencing
collections, collectors must deliver to the City copies of all required
insurance policies.
C. Performance
Bond. Prior to beginning collections, collectors must provide, and
at all times during the provision of collection services maintain,
a faithful performance surety bond in a form and amount approved by
the Director to secure the full and faithful performance of the terms,
obligations and agreements on the part of the collector.
D. Failure to Provide or Cancellation of Insurance Policies or Performance Bond. The City may terminate any permit or franchise issued pursuant to this chapter in accordance with the provisions of the permit or franchise or Chapter
1.08 if the collector fails to provide or maintain insurance policies or performance bonds required by this chapter. If a permit or franchise is terminated pursuant to this section, the collector is liable to the City for any and all monetary damages suffered by the City arising out of the termination.
E. Indemnification.
1. Collectors
must indemnify and hold the City harmless from and against any and
all loss, damages, liability, claims, suits, costs and expenses, fines,
charges or penalties whatsoever, including reasonable attorney's
fees, regardless of the merit or outcome of any such claim or suit,
arising from or in any manner related to the services or work provided
under this chapter.
2. Collectors must indemnify, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor in interest from and against all claims, damages, including, but not limited to, special and consequential damages, natural resource damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses, including, but not limited to, attorneys' and expert witness fees and costs arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan, regardless of whether undertaken due to governmental action, and concerning any hazardous substance or hazardous waste at any place where the collector stores or disposes of solid or hazardous waste pursuant to Section
9.02.110. The foregoing indemnity is intended to operate as an agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607(e), and California
Health and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify the City from liability.
3. Permittees
must sign an affidavit supplied by the City affirming the indemnifications
described in this section prior to the City's approval of any
permit.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. All
solid waste, recyclables or organic waste becomes the property of
the collector upon placement by the customer for collection.
B. On 30
days' written notice, the City has the right to direct a franchisee
to deliver any solid waste, recyclables or organic waste it collects
to a legal disposal facility designated by the City.
C. A franchisee
may not enter into any agreement for the sale or disposal of any material,
whether or not recyclable, for more than 30 days, without the written
consent of the City.
D. Notwithstanding the provisions of subsection
A of this section, the City has the option of assuming ownership of solid waste, recyclables or organic waste collected by a collector pursuant to this chapter by providing collectors with 30 days' notice of the City's assumption of ownership.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. A collector
must print or paint the collector's name, telephone number and
vehicle identification number at least six inches in height on both
sides of every vehicle used for collections.
B. At the
option of the collector or at the request of the City, a collector
may display removable sign panels that advertise special solid waste
programs, provided that such special advertising panels are not used
cumulatively more than 180 days out of each calendar year.
C. Collectors
must ensure that each vehicle used for collections satisfies the following
requirements:
1. Is
equipped with a watertight collection material body that has close
fitting metal covers.
2. Is
constructed and used so that no solid waste, oil, grease, or other
substances blow, fall, or leak out.
3. Is
equipped with a broom, shovel and appropriate fire extinguisher at
all times. If any solid waste, oil, grease or other substance drops
or is spilled during the collector's operations, the collector
must immediately clean it up. A collector must pay all expenses incurred
by the City if the City cleans up the collector's operations.
4. Is
inspected by the California Highway Patrol annually, and maintains
certificates for the inspections on file annually with the City.
5. Is
kept clean and sanitary, in good repair and uniformly painted to the
satisfaction of the Director.
6. Is
available to the San Diego County Health Department for inspection
at any time, if requested.
7. Is
equipped with high intensity fog lamps, consisting of two red tail
lamps in addition to the standard tail lamps, if the vehicle is 80
inches or wider. Each collector must use the fog lamps when visibility
is less than 50 feet.
8. Is
equipped with an audible backup warning device.
D. Collectors
must operate and maintain all collection and transportation equipment
in compliance with all applicable Federal, State and local laws and
with the following requirements:
1. All
equipment must be maintained at all times in a manner to prevent unnecessary
noise during operation.
2. All
vehicles and equipment must be maintained in a safe and operable condition
and collectors must maintain accurate records of repair, including
the date, mileage, nature of repair, and the signature of a maintenance
supervisor verifying that the repair has been properly performed.
3. No
vehicle used for collection may be loaded in excess of the manufacturer's
gross vehicle weight rating or in excess of the maximum weight specified
by the California
Vehicle Code, whichever is less. Evidence of the
gross vehicle weight rating must be maintained in or upon every vehicle.
E. Collector
Vehicle and Equipment Standards Violations. If the Director gives
notification to a collector that any of the collector's equipment
is not in compliance with the standards of this chapter, the collector
must immediately remove such equipment from service and must not use
that equipment in the City until it has been inspected and approved
by the Director. The collector must maintain its regular collection
schedule regardless of such action.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. Collectors
must hire employees without regard to race, religion, color, national
origin, sex, or any other nonmerit factor as delineated by the Equal
Employment Opportunity Act.
B. Collectors
must ensure that any employee providing collections services fulfills
the following requirements:
1. Presents
a neat appearance, which may include a uniform approved by the City;
2. Acts
courteously at all times;
3. Carries
collector-issued identification approved by the City;
4. If
driving a vehicle, is trained and qualified in the operation of collection
vehicles, and has a valid license of the appropriate class issued
by the California Department of Motor Vehicles.
C. Collectors
must provide suitable operational and safety training for all employees
who use or operate vehicles or equipment and who are directly involved
in collections services. Collectors must train their employees involved
in collections to identify, and not to collect, hazardous, biohazardous,
or biomedical waste.
(Ord. 562 § 3, 2019; Ord. 595 §, 2021 2)
A. Franchisees
and Permittees. All franchisees and permittees must provide reports
to the City regarding the franchisee's or permittee's
operations containing information sufficient for the City to report
its progress to the State regarding the implementation of City's
SRRE and HHWE pursuant to the California
Public Resources Code. At
a minimum, franchisees and permittees must provide the following reports:
1. Quarterly
Program Reports. Quarterly program reports are due within 20 calendar
days after the end of each quarter ending on March 31, June 30, September
30, and December 31. If the 20th calendar day falls on a weekend or
holiday, the report is due on the next working day. At a minimum,
the quarterly program report must indicate, by residential, commercial,
and roll-off categories:
a. The number of customers receiving services, and the types of services;
b. The total tons of refuse collected and the manner in which it was
disposed;
c. The total recyclables and organic waste weights, and the respective
weights of recyclables collected by material;
d. The types and weights of recyclable materials collected and disposed
of due to contamination;
e. Residential recycling program monthly set-out rates on each collection
route;
f. Discussion of public education activities and their impacts on program
participation and recovered volumes;
g. Detailed data and analysis of changes or modifications to collection
and processing activities; and
h. Other information deemed necessary by the City to determine the effectiveness
and the progress of the overall waste management program.
2. Annual
Program Reports. Annual program reports are due on or before January
31 following the end of each calendar year of operations. At a minimum,
the annual program report must include:
a. All report items identified in subsection (A)(1) of this section
presented in an annual summary format;
b. An updated list of all vehicles used in waste management services
in the City including the make, type, year, license number, and ownership;
c. The names, titles and addresses of the owners, officers, directors
and major stockholders holding five percent or more stock of the firm;
d. The names and titles of all supervisory personnel used in providing
waste management services in the City;
e. A description of all cases of public and private property damage
and personal injury that have occurred while providing waste management
services in the past year, including a copy of the accident or incident
report filed with the company or with the appropriate authorities;
and
f. A description of any violations of applicable laws and their dispositions.
3. Failure
by a franchisee or permittee to provide the reports required under
this chapter, or any other information required by the City, allows
the City, at a minimum, to employ a qualified consultant to prepare
such reports, and to hold the franchisee or permittee liable for payment
of the costs therefor.
4. The
failure, refusal, or neglect of a franchisee or permittee to file
any of the reports required by this chapter, or the inclusion of any
materially false or misleading statement or representation in such
a report, may result in the termination of the franchise agreement
or permit, and the imposition of liquidated damages, including assessments
against the performance bond.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. Notice.
If any permittee performance does not conform to the standards, laws,
ordinances and requirements set forth in the permit or this chapter,
the City may advise the permittee in writing of such deficiencies.
The City may, in such written instrument, set a reasonable time within
which correction of all such deficiencies is to be made. Unless otherwise
specified, a reasonable time for correction is 60 days from the receipt
by the permittee of such notice.
B. Hearing. If the deficiencies noted in subsection
A of this section are not corrected in accordance with the written notice, the Director may set a hearing on the revocation or suspension of the permit in accordance with the procedures set forth in Section
1.14.030. The Director must provide at least 14 days' notice of the hearing by any means set forth in Section
1.08.030. The hearing will address the existence of the deficiencies in the written notice provided pursuant to subsection
A and whether those deficiencies have been remedied. The Director will determine whether or not the permittee's permit should be revoked or suspended. In the event of revocation or suspension of a permit, the Director will notify the permittee in writing of the reasons by any means set forth in Section
1.08.030.
C. Cessation of Operations. A permittee must cease collection operations within five days after receiving a notice described in subsection
B.
D. Appeals. A permittee may appeal a decision to revoke or suspend a permit under this section following procedures set forth in Chapter
1.14.
E. Interim
Suspension. The Director, without a hearing, may suspend a permit
for not more than 60 days, if the Director determines that the continued
operation by a permittee will constitute a threat to the public health,
safety, or general welfare. If a permittee's permit is suspended
pursuant to this section, the permittee must immediately cease all
collection operations in the City.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. If any
permittee fails to provide collection services in accordance with
this chapter, the Director may assess liquidated damages in an amount
established by resolution of the City Council, and if no amount has
been established, in an amount not to exceed $5,000.00 per day, for
each calendar day that the permittee fails to provide service in accordance
with this chapter.
B. The permittee must pay any liquidated damages assessed by the Director within 10 days after they are assessed or appeal the assessment in accordance with Chapter
1.14.
C. If the permittee does not pay the liquidated damages within 10 days after assessment after confirmation of the assessments through the appeal process in Chapter
1.14, the City may withdraw the amount of liquidated damages from the security fund established by the performance bond required by Section
9.02.330, collect the liquidated damages through the courts, order the termination of the permit granted by this section, or any combination of these remedies.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. The
City may suspend or revoke a franchise agreement in accordance with
the terms of that agreement.
B. Notwithstanding subsection
A, the City may pursue any remedies set forth in this chapter or in a franchise agreement for a franchisee's violations of this chapter.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)