As used in this chapter:
"Authorized recycling agent"
means any waste collector, including but not limited to any municipal collection service, private refuse hauler, private recycling enterprise, private commercial entity or private nonprofit corporation or association, recognized by the city of La Cañada Flintridge by its waste collector permit as having authority to collect recyclable materials within the city.
"City manager"
means the city manager of the city of La Cañada Flintridge and any other person designated by the city manager to perform the functions set forth in this chapter.
"Commercial entity"
means any business, including, without limitation, any retail outlet, financial establishment, commercial warehouse, manufacturing facility, professional office, hotel or motel, hospital or other health care facility, and any private nonprofit organization, including, without limitation, any church or club.
"Composting"
means the process of controlling biological decomposition of organic wastes that have been deliberately separated from the solid waste stream for the purpose of creating a reusable product.
"Composting center, station or facility"
means any facility whose principal function is to receive and to process green and/or organic waste through composting.
"Designated collection location"
means the place where an authorized recycling agent has been permitted by or contracted with the city to pick up recyclable materials. The location will customarily be, but is not limited to, the curbside of a residential neighborhood or the service alley, or trash pick-up location, of a commercial entity.
"Disposal site"
means the place, location, tract of land, area or premises in use, or intended to be used, for the landfill disposal of solid waste.
"Green waste"
means noncontaminated material composed of organic matter or plant matter which is the result of seasonal variations or landscape and gardening activities. Green waste includes, without limitation, grass clippings, shrubbery, leaves, tree trimmings, branches, flowers, plant stalks, garden prunings, and other plant material. Green waste does not include items such as food, fruits and vegetables, dirt or rocks, sod, stumps or logs, pet waste, yucca leaves, palm fronds or other fibrous materials, recyclables or trash.
"Institutional entity"
means and includes any governmental agency, including city, county, state and/or federal, public or private school, library, college or university, utility, special district and/or public nonprofit or not-for-profit organizations.
"Multiresidential complex"
means any residential building, boardinghouse, apartment building, condominium complex, stock cooperative complex or flats consisting of more than two independent dwelling units. Multiresidential complex does not include motel, hotel or automobile court.
"Permit"
means a waste collector permit issued pursuant to this chapter.
"Person"
means any individual, firm, partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, syndicate, the United States, this state, any country, city or county municipality, district, or other political subdivision of the state or any other group combination acting as a unit.
"Recyclable materials or recyclables"
means material having an economic value in the secondary material market, including, but not limited to aluminum and bi-metal cans, newspapers, glass containers and plastics. The city manager may expand the definition to include green wastes, paper, cardboard, used motor oil, ferrous metal, textiles or other materials upon 30 day written notice to the waste collectors and/or authorized recycling agents.
"Recycling"
means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation, defined as incineration, pyrolysis, distillation, gasification or biological conversion other than composting.
"Recycling center, station or facility"
includes facilities whose principal function is to receive, store, convert, separate and/or transfer recyclable materials for processing.
"Scavenging"
means the unauthorized collection, removal of, or possession of recyclable materials intended for collection by an authorized recycling agent.
"Segregated recyclables from other waste materials"
shall be defined as the placement of recyclable materials in designated recycling containers or any other container visibly marked with the word "recycle" or any other such word, words or wording which reasonably conveys the intent that the container is being used for the specific purpose of holding recyclable materials; or the binding of recyclable materials separately from the other waste materials; or the physical separation of recyclable materials from other waste materials.
"Single-family residence"
means a residence or multiple residence consisting of two units or less.
"Solid waste"
means all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, recyclable material, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, sewage sludge and other discarded solid and semisolid wastes. "Solid waste" does not include hazardous waste, as defined in Public Resources Code Section 40141 or low level radioactive waste regulated under Chapter 7.6 of Division 20 of the Health and Safety Code, or medical waste, not disposed of at a solid waste facility, regulated under Chapter 6.1 of Division 20 of the Health and Safety Code.
"Solid waste facility"
means and includes a disposal facility, disposal site and/or solid waste transfer/processing station.
"Solid waste management"
means a planned program for effectively controlling the generation, storage, collection, transportation, processing and refuse conversion or disposal of solid wastes in a safe, sanitary, aesthetically acceptable, environmentally sound and economical manner. It includes all administrative, financial, environmental, legal and planning functions as well as the operational aspects of solid waste handling, disposal and resource recovery systems necessary to achieve established objectives.
"Transfer/processing station or station"
means facilities utilized to receive solid wastes; temporarily store, separate, convert or otherwise process solid wastes; and/or transfer the solid wastes directly from smaller to larger vehicles for transport.
"Waste collection vehicle"
means any truck, trailer, semi-trailer, conveyance or vehicle used by a waste collector to collect, haul or transport solid waste across public highways.
"Waste collector"
means any person operating one or more waste collection vehicles for the purpose of collecting, transporting, conveying, hauling and/or disposing of any solid waste.
(Ord. 215 § 2, 1992; Ord. 301 § 1, 2000)
A. 
No waste collector shall operate within the city of La Cañada Flintridge without a valid waste collector permit issued pursuant to this chapter and clearly displayed in the front window of every waste collection vehicle operating within the city of La Cañada Flintridge.
B. 
Application for a waste collector permit shall be made on a form provided by the city, accompanied by an application fee in an amount established by resolution of the city council. The information provided in the application shall be certified by the applicant as being true and accurate. The city manager may require additional information as authorized by law.
C. 
Upon its receipt, the city manager shall examine each application for conformity with the requirements of this chapter. If it is found to conform to the requirements of this chapter, the application shall be accepted and approved and such approval shall be so noted upon the face of the application. If the city manager determines that the application does not conform to the requirements of this chapter, the application shall be rejected and the applicant shall be notified of the grounds for the rejection.
D. 
Each waste collector shall remit a solid waste management fee in an amount equal to ten percent of its gross receipts generated by solid waste collection, transfer or disposal from customers within the city of La Cañada Flintridge, to the city clerk on a quarterly basis. Payments for the preceding calendar quarter will be due on April 15th, July 15th, October 15th and January 15th of each calendar year. The first payment shall be due on April 1, 1992 for the calendar quarter beginning January 1, 1992. The city manager may waive the solid waste management fee in instances where the waste collector documents that at least 50% of the solid waste it collects is recycled in a manner consistent with the city's source reduction and recycling element and mandates set forth by the state of California. Unless waived by the city manager, the failure of a waste collector to submit the solid waste management fee on or before the dates stipulated in this section shall constitute just cause for revocation of the waste collector permit.
E. 
All applicants and/or permittees shall notify the city manager of any change in the information provided in the application including, but not limited to, changes in routing and/or changes in services offered that are initiated by the waste collector. Notice shall be given not less than 30 days prior to the date the change is effective and shall be given on a form provided by the city.
F. 
The city manager may deny a waste collector permit when he or she or she determines that the proposed waste collection operation is not consistent with either the city's or the county's solid waste management plan, or cannot conform to state standards, or to any provision of this chapter.
G. 
Upon denial of a permit, the city manager shall give written notice of the denial to the applicant and any other person who has requested in writing that such notice be given. The applicant shall have the right to appeal any decision of the city manager to the city council by filing with the city manager within ten days of any such decision a written appeal specifying the decision complained of and the reasons for the appeal. The decision of the city council shall be final.
H. 
A waste collector permit shall be valid from the date of issuance until January 1st of the subsequent year. It shall be renewable thereafter for periods of one year at a time. Applications for renewal shall be submitted by December 1st preceding the year applied for and shall be approved following confirmation by the city manager that all requirements of this chapter have been fulfilled.
I. 
If a waste collector permit has been revoked or not renewed, it may be reinstated by application. Such an application shall be made in the manner specified in this chapter and shall be handled in the same manner as an application for a new permit. However, nothing in this chapter is intended to preclude the city from considering the revocation or nonrenewal and grounds therefor in reviewing the application. The waste collector must be able to demonstrate that the reasons for permit revocation or nonrenewal have been rectified.
(Ord. 215 § 2, 1992)
A. 
Before a waste collector permit may be issued, proof must be submitted to the city manager to establish that the waste collector has adequate financial resources and experience to properly conduct the operation(s) authorized. Information required shall include, but not be limited to, the filing of a twenty-five thousand dollar ($25,000.00) performance bond or equivalent security to remain in effect for the term of the permit; and evidence submitted to the city that the waste collector has experience sufficient to meet the needs of waste collection activities.
B. 
Before any permit is issued, evidence of liability insurance shall be provided in such form as is approved by the city attorney. Such insurance shall name the city, its officers, employees and representatives and citizens as an additional named insured against liability arising from activities under the permit, with the limits of not less than one million dollars ($1,000,000.00) for bodily injuries, including accidental death to any person and subject to the same limit for each person in an amount not less than one million dollars ($1,000,000.00) on account of any one occurrence, and an amount of not less than one million dollars ($1,000,000.00) for property damage on account of any one occurrence. The policy shall provide for and the certificate of insurance shall indicate that a 30 day prior written notice of any cancellation shall be provided to the city.
C. 
Each waste collector operating within the city shall provide the city with evidence that it has workers' compensation insurance in the amounts required by law; and shall certify that he or she is in compliance with SB 198 (Title 8 of the California Code of Regulations Section 3203).
D. 
Before a waste collector permit shall be issued, a report must be submitted to the city manager that indicates the type(s) of services provided, rates, route schedules, description of standard type service, holiday schedules and other related information required by the city.
E. 
Every waste collector shall maintain a telephone for the purpose of responding to inquiries and for the receipt of complaints. The waste collector's telephone number shall be listed in the telephone directory in the firm's name. There shall be a person or a personal answering service or recording service available for the receipt of telephone calls between eight a.m. and five p.m., Monday through Friday, holidays excepted. The waste collector shall maintain a written record of complaints received and the written record of each complaint shall be retained for at least 90 days. The record shall contain the date of complaint, the complainant's name, address and telephone number, the nature of complaint, and the date of action and the action taken pursuant thereto or the reason for nonaction. The record of complaints and other records pertaining to solid waste collection and disposal shall be open to the inspection of the city at all reasonable times. In the event the waste collector maintains no office, the location of the record of complaints and other records of the waste collector shall be made known to the city. All inquiries and complaints and other records of the waste collector shall be made known to the city.
F. 
The city manager may waive one or more of the requirements of this section for an applicant for a waste collector permit when the waste collector is an institutional entity and/or provides service for limited locations and/or types of solid waste, if the city manager determines such requirement(s) would effectuate an unnecessary hardship on the applicant and are not required to preserve the public health, safety and welfare. In such a situation, the city manager may impose additional or different conditions on the applicant to effectuate the purpose of this chapter.
(Ord. 215 § 2, 1992)
The city manager may require that waste collection services be provided on certain streets and/or in certain sections of the city on specific days of the week by giving 30 days' written notice to all affected waste collectors.
(Ord. 215 § 2, 1992)
A. 
The required waste collection services described herein only prescribe a minimum level of service, and do not preclude a waste collector from providing a higher level of service.
B. 
Collection of recyclables shall occur on the same day and during the same hours specified for solid waste collection, unless otherwise approved by the city manager.
C. 
Waste collectors shall not roughly handle or in any way break, damage or cause to be broken or damaged any container.
D. 
Waste collectors shall not collect solid waste or recyclables within a residential area between the hours of eight p.m. of one day and six a.m. of the following day. Commercial and institutional waste collectors may provide collection services at any time; provided, however, that for commercial or institutional waste collection within 500 feet of residential areas, collection shall be limited to the times specified in this subsection for residential waste collection. The city manager may waive such time limitations upon written application of a waste collector when such waiver is necessitated by conditions beyond the control of the waste collector.
E. 
Each waste collector shall mail to each of its customers at least once a year a notice specifying recommended container size and the telephone number(s) at which the waste collector may be reached.
F. 
If a waste collector does not collect the contents from a customer's container which has been placed in the location agreed upon for collection, the waste collector shall affix a notice to the container with an explanation of the reason(s) why the contents were not collected and the telephone number of the waste collector.
G. 
The city manager may require waste collectors to provide a public awareness program for their customers, including, but not limited to, literature and other information designed to promote public participation and awareness of the need and benefits for solid waste management programs and of the availability of services provided by the waste collector. Such public awareness programs may be required up to twice each calendar year and must be approved by the city manager.
(Ord. 215 § 2, 1992)
A. 
On or before April 1, 2000, all waste collectors that provide waste collection service to one or more single-family residences in the city shall implement a manual green waste collection and recycling program as described herein. Manual green waste collection services shall be provided to all single-family residences in the city from which a waste collector collects solid waste. Waste collectors shall provide each residence with labels for placement on the resident's containers identifying the container for green waste collection. Waste collectors shall provide all labor and equipment required to conduct the manual green waste collection and recycling program, except for the provision of containers for the green waste.
B. 
On or before March 1, 2000, for current waste collectors, and within 30 days for new waste collectors, each waste collector shall submit to city a draft public education package which shall include a draft brochure and a draft newspaper ad for placement in at least two local newspapers. City will provide waste collector with comments on the draft public education package within 15 working days. Waste collectors shall produce the final brochure and deliver it to residents, and prepare the final newspaper ads and submit them to the local papers. Said ads shall run a minimum of two times during the first 30 days of the green waste collection and recycling program. Said ads shall be a minimum of one-sixteenth of a newspaper page in size.
C. 
Waste collectors shall record the cost, productivity, tons collected, person hours, number of stops, number of participating homes, number of routes, and all other data on the manual green waste collection program in a format approved by city and shall submit said data on the fifteenth day of each quarter beginning in June 2000. City may request any and all additional information from waste collectors as needed by city and its consultants to evaluate the productivity and cost of the green waste collection program and to report data to state and federal agencies as required by law. City may, in its sole discretion, conduct efficiency and/or time and motion field studies of the green waste collection program at any time and for any duration. City may request, and waste collectors shall supply data more frequently than quarterly should city so request.
D. 
All green waste collected by waste collectors shall be delivered to a facility for recycling, mulching, composting or use as alternative daily cover (as defined in state regulations). If it becomes known that a green waste processing facility utilized by one or more waste collectors is not recycling, mulching or composting the green waste collected in city, or is out of compliance with local, state or federal operating permits, laws or regulations, or is processing and/or using green waste in such a way that the green waste collected from within city will not count as solid waste diverted for purposes of AB 939, and any other applicable state or federal law, city reserves the right to direct waste collectors to deliver the green waste to another processing facility.
E. 
All single-family residences shall participate in the green waste collection and recycling program by separating all green waste into a container with a label supplied by the waste collector, uncontaminated by solid waste unacceptable under the green waste program. No person shall mix green waste with other forms of solid waste nor shall any person contaminate green waste with any other substances. Containers shall be of suitable strength and durability, should be watertight, tight seamed, with a lid or cover. Plastic bags, paper bags and cardboard containers shall not be used for disposal of green waste. If a single-family residence sets out green waste in violation of this section, the waste collector shall issue a warning to the residence, along with a green waste brochure and two labels. After three warnings, any person violating this subsection shall be guilty of an infraction punishable as set forth in Section 9.12.120 of this code. The waste collector shall report to the city all warnings issued to single-family residences on a semimonthly basis.
F. 
The maximum fee to be paid by single-family residences to waste collectors for providing and making available a manual green waste collection and recycling program may be as set forth in a city council resolution.
(Ord. 301 § 2, 2000)
A. 
If solid waste will be disposed of as a result of building activities, the building permit applicant shall be responsible for ensuring that all waste is disposed of by a waste collector possessing a valid waste collector permit. As evidence, the building permit applicant must provide the city with the name, address and phone number of the waste collector before a building permit is issued. The building permit applicant may not change waste collectors to be utilized on any job without notifying the city in writing five days prior to such change.
B. 
This section does not apply to a property owner who hauls waste generated as a result of building activities he or she performs him or herself, except that the property owner must report the quantity of waste, type of waste, and the location to which the waste was delivered to the city.
(Ord. 215 § 2, 1992)
A. 
Waste collectors shall prepare monthly service collection reports. The report shall include information on the total number of customers served by regular solid waste collection; total tonnage of solid waste collected; number of single-family residences, multiresidential complexes and commercial and institutional entities participating in recycling and/or green waste programs; tonnage of total recyclables collected; tonnage of each individual type of recyclable material and green waste collected, identified separately by single-family residence, multiresidential complex, commercial and institutional categories; total operation costs; revenues derived from the sale of recyclable and green waste; destination and/or disposal site locations of all recyclable, green waste and all solid waste; and any other pertinent information as identified in any waste collector agreement or permit issued by the city. All such reports are to be submitted to the city on a monthly basis on forms provided by the city, and must be received by the city no later than 15 days after the end of the month being reported.
B. 
Failure of a waste collector to comply with the requirements of this section shall constitute a cause for the city manager to revoke or not to renew the waste collector permit issued by the city.
C. 
The city reserves the right to conduct an audit that verities the waste collector's financial records. This audit shall be performed by auditors selected by the city and whose fees and costs shall be paid by the city. The city shall have the right to inspect the financial records of the waste collector relating to this section during business hours at the waste collector's place of business, but such inspection shall not be so conducted as to unreasonably interfere with the waste collector's necessary use of its financial records.
(Ord. 215 § 2, 1992)
A. 
All solid waste collected or transported upon or along any public highway in the city of La Cañada Flintridge shall be disposed of at a solid waste facility where such waste can legally be accepted; provided, however, that waste collectors shall sell, give or otherwise transfer recyclable materials to a recycling center, station or facility, and shall sell, give or otherwise transfer green waste to a composting center, station or facility or to a landfill permitted to accept green wastes. In no event shall any waste collector dispose of any recyclable material(s) in a disposal site unless otherwise approved by the city manager.
B. 
The city may stipulate the recycling center, station or facility, or the solid waste facility to be utilized by any waste collector.
(Ord. 215 § 2, 1992)
A. 
The city, in issuing or reviewing any waste collector permit or in connection with any action relating thereto or with any authorized enforcement activity, may investigate the operation of any waste collector operating within its jurisdiction. The city may require that any person who is, or proposes to become, a waste collector shall furnish, upon penalty of perjury, such technical or monitoring program reports or other reports as the city may specify. In such an investigation, the city may inspect the facilities, equipment or vehicles used for storage, collection, transportation, processing or disposal of solid waste or recyclables, as necessary to ensure compliance with this chapter.
B. 
All waste collectors shall have each waste collection vehicle inspected as per the requirements of the California Highway Patrol. The city manager shall have the authority to require additional inspections as he or she deems necessary to insure that the public health, safety and welfare are adequately protected. All costs of such inspections shall be the responsibility of the waste collector.
(Ord. 215 § 2, 1992)
A. 
All ownership and title rights to recyclable materials shall be vested in the city once such recyclable materials have been placed at the designated collection location by the resident, institutional or commercial entity. All ownership and title rights to recyclable materials shall be transferred to the authorized recycling agent(s) at the time that the authorized recycling agent(s) remove the material from the designated collection location unless otherwise stipulated in writing by the city manager.
B. 
Scavenging is prohibited in the city. No person, other than the authorized recycling agent, shall remove recyclable materials which have been segregated from other waste materials and placed at the designated collection location for the purposes of collection and recycling. Unless otherwise authorized by the city in writing, recyclable materials may not be removed from such location by anyone other than an authorized recycling agent(s).
C. 
Nothing in this chapter shall limit the right of any person to donate, sell or otherwise dispose of his or her own recyclable materials.
(Ord. 215 § 2, 1992)
A. 
No person shall place any recyclable or solid waste, or any waste container, at any place of collection before five p.m. of the day preceding the scheduled collection of said waste, or leave any such container at the place of collection after eight p.m. on the day of actual collection, or more than two hours after actual collection, whichever is later.
B. 
Waste collectors shall replace all containers where found, in an upright position. Containers or lids shall not be deposited in the roadway by any person unless no ground or other position located within ten feet of said roadway, but located out of the roadway, exists upon which such containers may practically be placed; provided, however, that containers so placed in the roadway are placed as far from the centerline as is physically possible; and provided, further, that no bin or other container capable of holding three cubic yards or more of solid waste may be placed in the roadway for more than four hours in any one day.
(Ord. 215 § 2, 1992)
A. 
No person shall place any solid waste on any private property without the written permission of the property owner.
B. 
No person shall place any solid waste on any public property without the written permission of the city manager.
(Ord. 215 § 2, 1992)
A. 
Any waste collector not in possession of a valid permit shall be guilty of a misdemeanor.
B. 
Violations of Sections 9.12.100 and 9.12.110 shall be punishable as follows:
1. 
Any person violating any of the provision of such sections not more than once in any 12 month period shall be deemed guilty of an infraction punishable by a fine not to exceed $100.
2. 
Any person having been found guilty of violating the provisions of such sections who, within a period of 12 months, commits a second violation of the same provisions of such section, shall be guilty of an infraction punishable by a fine not to exceed $200.
3. 
Any person having been found guilty of violating the provisions of such section who, within a period of 12 months, commits a third or more violation(s) of the same provisions of such section, shall be guilty of an infraction punishable by a fine not to exceed $500 for each such occurrence.
C. 
Violations of Section 9.12.115 shall be punishable as a misdemeanor.
(Ord. 215 § 2, 1992)