It is unlawful for any person to engage in the business of collecting, transporting or disposing commercial solid waste, accumulated or generated in the unincorporated areas of the County, or to engage in the business of soliciting accounts or invoicing customers for commercial solid waste service in the unincorporated areas of the County unless:
A. 
A franchise has first been granted pursuant to the provisions of this chapter and such franchise is in full force and effect and a written franchise agreement therefor has been executed between such person and the County; or
B. 
The commercial solid waste is generated and hauled by the same person.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
The Board may grant to a qualified applicant a non-exclusive franchise to engage in the business of collecting, transporting or disposing of commercial solid waste kept, accumulated or generated in the unincorporated areas of the County.
B. 
The Board may grant a franchise to an applicant conditioned on compliance with this chapter. Any grant of a franchise by the Board may be subject to such terms, conditions, rules, regulations, restrictions, and limitations, as the Board deems necessary to protect the public health, safety, or welfare.
C. 
The Board hereby delegates to the Director the authority to negotiate franchise agreements, establish minimum standards for recyclable material and organic material collection programs in such agreements, and execute and administer such agreements following Board approval. The Board further empowers the Director to grant and execute provisional franchises of up to 90 days in order to avoid delays in the Board's franchise approval process.
D. 
The initial term of a County franchise will be up to one year. Thereafter, the Director is authorized to extend the agreement term for additional two-year terms, provided that the franchisee is in good standing.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
All franchises granted to persons pursuant to this article shall be nonexclusive to allow franchisees to compete with each other for commercial waste material service accounts. No provisions of this article shall be deemed to require restricting the number of franchises to one or any particular number, and no provision of this article shall be deemed to require the Board to grant any franchise if the Board finds or determines that the grant of any such franchise does not serve the public interest.
B. 
All franchises shall be subject to the terms and conditions specified in this chapter, any applicable rule or regulation promulgated pursuant to Section 6.20.035, the franchise agreement, and all other applicable Federal, State and local statutes, ordinances, laws and regulations.
C. 
In granting any franchise, the Board may prescribe such other additional terms and conditions, not in conflict with this chapter, as in the judgment of the Board to be in the public interest.
D. 
Each franchisee shall provide commercial waste material collection, removal, recycling, and/or transportation services consistent with the provisions of this chapter, any applicable rule or regulation promulgated pursuant to Section 6.20.035, the terms and conditions of the franchise agreement, and any applicable Federal, State, or local statute, ordinance, rule or regulation.
E. 
Each franchisee shall provide services without undue interruptions caused by mechanical failures or other inadequacies of equipment and shall utilize equipment in quantities and of an age and quality adequate for the provisions of reliable service and to provide preventive and repair maintenance of such equipment sufficient to ensure reliability.
F. 
Any franchise granted pursuant to this article is a privilege to be held in trust by the original franchisee. A franchisee shall not sell, lease, transfer, assign or otherwise dispose of, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy, reorganization under bankruptcy laws or otherwise, a franchise issued pursuant to this article without the prior consent of the Director.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
In addition to all other rights reserved to the County under this chapter, the following shall apply:
A. 
There is hereby reserved to the County every right and power, and the exercise thereof, which is reserved or authorized by any provision of any lawful ordinance or resolution of the County.
B. 
Neither the granting of any franchise nor any provision of any franchise shall constitute a waiver of or a bar to the exercise of any governmental right or power of the County.
C. 
The franchisee shall have no recourse whatsoever against the County, its officials, officers, employees or agents, their officials, officers, employees, or agents for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any franchised waste hauler franchise issued under this chapter or because of the enforcement of this chapter.
D. 
There is hereby expressly reserved to the County the authority to amend any section of this chapter so as to require additional or greater standards on the part of the franchisee.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
Franchisees shall provide collection service in containers, bins, carts or roll off bins for solid waste, recyclable materials, and organic materials sufficient to accommodate the quantity and types of solid waste, recyclable materials, and organic materials to all customers who have not obtained an exemption to franchiseeprovided recyclable material or organic material collection service from the County.
B. 
Franchisees shall provide recyclable material collection and organic material collection services to each of its generators unless that customer has obtained an exemption, or an approved alternative service activity, or unless that customer is explicitly exempted by California law.
C. 
Franchisees shall provide containers, bins, carts and roll off bins for solid waste, recyclable materials and organic materials that are capable of installing secure locks and/or other suitable features to prevent scavenging of waste materials.
D. 
Franchisees shall provide a written service agreement to any new generator and obtain that customer's signature before the franchisee begins to collect the customer's solid waste. This provision does not restrict the franchisee from commencing recyclable material and organic material collection in compliance with this chapter.
E. 
Franchisees shall conduct all of its activities in accordance with this chapter, all applicable State, Federal, and local statutes, ordinances, laws, and regulations, and best management practices as determined by DWMR. Vehicles, equipment, and containers shall be kept in a clean and well-maintained condition.
F. 
Franchisee shall collect waste materials only during such hours permitted, in any area designated as such, by the Director and/or in the franchise agreement.
G. 
Franchisees shall, upon request, provide the Director with a copy of any customer service agreement used within the unincorporated areas of the County and, in the circumstance that the customer service agreement is between the franchisee and a broker, the franchisee shall also provide contact information for the commercial generator and/or responsible person.
H. 
Each franchisee shall keep record of waste generator contact information and service level for each waste material and report such information to DWMR in a manner prescribed by the Director. Brokers are not generators and generator contact information must include a responsible person.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
Every franchisee shall ensure at all times that containers are clearly identified with the name, or recognizable corporate or company logo, and phone number of the franchisee that is legible from a distance of 50 feet. Containers shall identify the type or types of waste material for which they are intended to be used, and such identification shall comply with the coloring and labeling required by Sections 18984.7 and 18984.8 of Title 14 of the CCR, according to the timeframes established in those regulations. Containers shall also be kept free of graffiti.
B. 
Violations of the conditions of this section, which conditions are material terms of the franchise agreement and constitute franchisee contractual obligations, may constitute a material breach of the franchise agreement and subject the franchisee to payment of liquidated damages as provided in the agreement.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
It shall be unlawful for any franchisee to do any of the following:
A. 
To operate or have an interest in a solid waste disposal site, other than a transfer/processing facility, within the County;
B. 
To enter into a billing, invoicing, subcontracting, or brokering agreement for the purpose of providing commercial solid waste collection services in the County with an operator of a solid waste disposal site located within the County, its principal employees, or affiliated companies.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
All applications for franchises pursuant to this article shall be in writing, including electronic writing; shall be filed with the Director; and shall be accompanied by an application processing fee which shall be set by Board resolution.
B. 
The Director shall develop forms, processes, and standards for issuance of County franchises. Such standards shall be based on the requirements of this article and shall include, but are not limited to, the following:
1. 
Corporate and personal names of the party applying for a franchise, including phone numbers, email addresses, and physical addresses, including operational and mailing addresses requested; company or corporate structure and affiliations and pertinent contact information.
2. 
Executive, operational, and financial management personnel and their responsibilities and contact information.
3. 
Attestations of conformity with GAAP; obligation to insurance and indemnification requirements of all County contractual partners including franchisees; and commitment to the compliance with the requirements of this chapter, including timely submittal of fees and reports.
4. 
A complete listing and explanation of any civil or criminal rulings or judgments in excess of $5,000, or convictions against applicant, any of applicant's partners, major stockholders, corporate directors or parent or subsidiary companies. Applicants that are subject to the periodic reporting requirements of Section 13(a) of the Federal Securities Exchange Act, may, in lieu of the information required by this subsection, submit the information reported pursuant to 17 CFR Sections 229.103 (Legal proceedings) and 229.403 (Security ownership of certain beneficial owners and management) on the most recent form 10-K filed by the applicant with the Securities and Exchange Commission.
5. 
Description of all facilities and equipment intended for use in the collection of waste material in the County.
6. 
Submittal of a refundable cash deposit to the County of $500 multiplied by the number of vehicles identified in the franchise application. The deposit shall be refunded 12 months after the effective date of the franchise agreement pursuant to compliance with franchise requirements.
7. 
A diversion plan satisfactory to the Director demonstrating compliance with diversion mandates in Section 6.20.285 of this chapter.
8. 
An application for Sheriff's clearance. The Director shall consider the results and recommendation from the Sheriff's review and investigation.
9. 
Demonstration of insurance coverage and indemnification required by the abovementioned forms, processes, and standards and equivalent or greater than what is required by County standards for professional contractors.
10. 
Such additional information as may be reasonably requested by the Director.
C. 
The franchise application must be signed by the individual applying, or by an authorized representative of the partnership, corporation, or other entity applying for the franchise. Scanned or electronic signatures are acceptable.
D. 
Outstanding debts to the County or any public agency or joint powers authority of which the County is a participating agency shall be paid in full before a franchise will be granted.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
Applicants may submit their completed application for a franchise, as provided in Section 6.20.245, to the Director for review and consideration at any time.
B. 
The Director shall review such submittals and either recommend to the Board approval and award of such franchise, or notify applicant of incompleteness or denial of the application, within thirty (30) days of receiving an application.
1. 
A Director's notification of incompleteness or denial shall be in writing and include specific reasons why the application was deemed incomplete or denied.
C. 
In reviewing an application for a franchise, the Director shall take into consideration all components of the application, including, but not limited to:
1. 
The ability of the applicant to meet all terms of the franchise agreement;
2. 
Any history of civil or criminal convictions that may compromise the public's interests should a franchise to the applicant be awarded; and
3. 
The completeness, accuracy, and validity of the application. The Director may independently verify any and all statements made and implied in the application, including conducting an on-site interview and inspection of the applicant's records and recordkeeping methods. The Director may also request clarification from applicant of any or all elements of the submitted application.
D. 
An applicant has thirty (30) days from the date of a notice of incompleteness to complete the application as provided in the notice. Failure to submit a complete application within thirty (30) days from the date of this notice shall result in its automatic rejection, with no further action necessary on the part of the County. Any application submitted after thirty (30) days of the date of the notice of incompleteness shall be treated as a new application for a franchise as provided in this article and must be accompanied by the processing fee required by Section 6.20.245 above.
E. 
The Director may refuse to accept any franchise application from any applicant who has had an application for a County franchise denied or whose prior franchise was terminated within the previous twelve (12) months.
F. 
Appeals concerning denial of an award of a franchise shall be conducted in the manner described in Sections 6.20.755 through 6.20.760.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023; SCC 1761, 8/5/2025)
A franchise shall become effective only after the applicant and the Director execute a written agreement.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
The Board may terminate any franchise granted pursuant to this article if the Board, after a public hearing following not less than 30 days' written notice to the franchisee, finds that:
1. 
The franchisee has failed to comply with, or to do anything required of the franchisee by provisions of this chapter or of the franchise agreement; or
2. 
Any provision of this chapter becomes or is declared to be invalid and the Board expressly finds that such provision constitutes a material consideration to the grant or continuation of such franchise.
B. 
Any franchise granted pursuant to this article shall immediately be suspended whenever the franchisee fails to keep in full force and effect the insurance requirements enumerated in the franchise agreement or any applicable licenses or permits required by Federal, State or local law. The suspension shall remain in effect until the franchisee provides documentation satisfactory to the Director verifying that the reason for the suspension specified above no longer exists.
C. 
The Director may suspend any franchise granted under this article if the franchisee fails to submit timely reports as described in Section 6.20.275. The Director shall give 15 days' written notice before suspending the franchise due to failure to submit timely reports. The suspension shall remain in effect for the period specified in the Director's notice unless the suspension is reversed or modified by the Director.
D. 
In the event the franchise granted pursuant to this article is suspended, the franchisee shall have no right or authority to engage in commercial waste material collection, transportation or disposal operations in the County during the period of suspension.
E. 
In the event the franchise granted pursuant to this article is terminated, the franchisee shall have no right or authority to engage in commercial waste material collection, transportation or disposal operations in the unincorporated areas of the County unless and until a new franchise is granted to the franchisee pursuant to this article. Nothing herein shall require the County to grant any subsequent franchise to the franchisee.
F. 
In the event any franchise granted pursuant to this article is terminated, then within 30 days the franchisee shall:
1. 
Remove all of the franchisee's, and any subcontractor's, waste material containers from all service locations where services have been provided pursuant to such franchise; and
2. 
Properly dispose of any and all waste materials in the containers at the time of removal; and
3. 
Pay to the County any and all outstanding fees due and/or debts, including, but not limited to, franchise fees and delinquent charges.
G. 
If the franchisee fails to remove any waste material container or to properly dispose of any waste material in any container within the 30 day period provided in subsection F above, the County may remove the container and/or dispose of the solid waste therein and charge the franchisee for the County's costs. The franchisee shall pay to the County all costs incurred by the County in such removal and/or disposal within 10 days of receipt of the County's invoice for such costs.
H. 
Notwithstanding any other provisions of the franchise agreement and this chapter, franchisee may relinquish or otherwise terminate its County franchise with 30 days' written notice to the Director.
I. 
Appeals concerning the termination or suspension of a franchise shall be conducted in the manner described in Sections 6.20.755 through 6.20.760.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
Each person engaging in the business of collecting, transporting or disposing of commercial solid waste kept, accumulated or generated in the unincorporated area of County shall pay a franchise fee to the County. The Board shall set the franchise fee by resolution.
B. 
Franchise fees shall be payable on a monthly basis, and shall be due and payable on the first day of the second month immediately following the month in which collection services were provided. Each payment shall be calculated in accordance with the provisions of this article.
C. 
The required franchise fee shall be paid to the County as described in the franchise agreement.
D. 
No statement filed under this article shall be conclusive as to the matters set forth in such statement, nor shall the filing of such statement preclude the County from collecting by appropriate action the sum that is actually due and payable.
E. 
The payment of franchise fees to the County pursuant to this article shall be in addition to any license fee or business tax prescribed by any local jurisdictions for the same period.
F. 
If franchise fees are not paid by the franchisee at the times required by this article and the franchise agreement, then in addition to the franchise fees, the franchisee shall pay a late payment fee. The late payment fee and any accruable interest, shall be established by Board resolution. The Director may charge and collect the delinquent franchise fees and any and all late payment fees, including accrued interest, from any financial guarantee mechanism required by Section 6.20.245(B)(6) of this chapter.
G. 
Franchise fees shall be payable monthly on all gross collection revenues collected by a franchisee from its customers served within the County. The franchise fee shall be calculated based on gross collection revenues prior to franchisee imposing the franchise fee on its customers. For purposes of this section, gross collection revenues include revenue from the collection of source-separated recyclable material and/or organic material, if that material was disposed instead of recycled for any reason.
H. 
The County may require that each franchisee pay a minimum annual franchise fee. The Board shall set this minimum franchise fee amount by resolution, which amount may be amended by the Board from time to time. Any franchisee whose total gross collection revenues do not result in a payment of a franchise fee in an amount equal to or greater than the minimum franchise fee set for that fiscal year (July 1 -June 30) may be charged the difference between the franchise fee calculated on its annual gross revenues and the minimum franchise fee.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
Gross receipts from the collection of source-separated recyclable material and source-separated organic material may be excluded from gross collection revenues for the purposes of calculating franchise fees, provided those revenues are only from source-separated recyclable materials and source-separated organic materials and are collected and characterized by weight in a manner satisfactory to the Director.
B. 
Gross receipts from the collection of solid waste from any public agency with the County are not subject to franchise fees.
C. 
Source-separated materials that were collected and subsequently landfilled for any reason are subject to franchise fees. Franchisees must notify the County of the landfilling of source-separated materials, including identifying the generator of those source-separated materials.
D. 
Disputes over whether gross receipts from the collection of source-separated materials should be excluded from the calculation of franchise fees shall be resolved by the Director.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
The franchise fees and revenues collected pursuant to this article shall be deposited into the Solid Waste Enterprise Fund to meet the purpose set forth in this chapter.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
The franchisee shall file with the Director reports of the quantities of commercial waste material collected, transported, sorted, diverted, and/or disposed. Such report shall be in such form, including electronic form, and detail by waste material type as required by the Director. Unless otherwise specified in this section, reports shall be submitted quarterly. The reports shall include the following information:
1. 
The commercial solid waste tonnage, C&D debris tonnage, recyclable material tonnage, organic material tonnage, and medical waste tonnage collected during the previous quarter within the unincorporated areas of the County that was disposed or diverted and the location of the facilities where such waste material was disposed or diverted. Franchisees may use information supplied by disposal and diversion facilities to meet this requirement.
2. 
The individual name and service address of all waste generators the franchisee serves in the unincorporated areas of the County and the level and frequency of services those customers subscribe to for permanent solid waste, recyclable material, and organic material service.
3. 
A list of waste generators that are not in compliance with recyclable material collection or organic material collection requirements.
4. 
The progress in implementing the franchisee's diversion plan and achieving the diversion performance requirements set forth in Section 6.20.290 of this chapter.
5. 
Franchisees delivering material to solid waste facilities owned or operated by the County shall submit information pursuant to Section 6.20.350 for all tons delivered to such facility in addition to the required information as noted in subsections (A)(1) through (4) above.
6. 
All other information required to be submitted by the franchisee to the County for compliance with Article 7 (beginning with Section 18988.1) of Chapter 12 of Division 7 of Title 14 and Article 13 (beginning with Section 18994.1) of Chapter 12 of Division 7 of Title 14 of the CCR, as determined by the Director.
B. 
If the quarterly reports required under subsection A above are not filed by the due date specified in the franchise agreement, or are inaccurate, the report shall be deemed late/inaccurate, and the franchisee shall pay to the County a late/inaccurate report fee for each day it is late/inaccurate until the report is received by the County. Such late/inaccurate report fee shall be in addition to any franchise fees or other charges payable by the franchisee for the same period of time. The late/inaccurate report fee shall be set by Board resolution.
C. 
Payment of monthly franchisee fees shall be accompanied by a report provided by the Director, verified by the person making the payment, or a duly authorized representative of the person, showing the calculation of the franchise fee payable in such form and detail as the Director may require and such other information as the Director may decide is material to a determination of the amount due.
D. 
Any franchisee's failure to file the reports required by this chapter shall constitute cause for termination or suspension of its franchise pursuant to Section 6.20.260.
E. 
The Director shall provide and establish guidelines, forms and other appropriate material to assist franchisees in preparing the reports required by this chapter.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
No franchisee shall, by contract, subcontract, or otherwise, share with another franchisee any office space associated with operations authorized under a franchise.
B. 
No franchisee shall, by contract, subcontract, express understanding or otherwise, cooperate with another franchisee to divide, segregate, or apportion any territory within the unincorporated area of the County for the purpose of restricting competition within a particular territory.
C. 
No franchisee shall, directly or indirectly, enter into any contract, subcontract, express understanding or other transaction with another franchisee for the purpose of fixing customer rates or charges or otherwise maintaining rates or charges at a particular level.
D. 
No franchisee or any director, officer, partner, joint venture partner, sole proprietor or corporate owner thereof, shall be a controlling shareholder, joint venture partner, sole proprietor, employees, or owner of any interest in another franchisee. No franchisee which is owned in whole or in part by a corporation shall be effectively controlled by a person or entity by virtue of that person or entity's ownership of shares in the corporation, if that same person or entity otherwise controls another franchisee. The sole remedy for violation of the provisions of this subsection D shall be termination of the franchise pursuant to Section 6.20.260 or County's refusal to accept or renew a franchise application, at the County's option.
E. 
Each franchisee shall provide to the Director such information as the Director determines is reasonably necessary to facilitate effective administration of the franchise under the provisions of this chapter.
F. 
Notwithstanding any other provisions of this chapter, it shall be allowable for a franchisee having an interest in a materials recovery facility to provide a reporting service, a solid waste processing service, and/or a recycling service to another franchisee consistent with the framework for MRF services and reporting required by this chapter.
G. 
Any franchisee shall immediately cease collecting solid waste and remove any solid waste containers from the premises of a waste generator that has had solid waste collection services discontinued by another franchisee pursuant to the provisions of Section 6.20.772(B)(4) upon notification from the Director that such discontinuation has been ordered.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
Each franchise applicant shall submit a diversion plan to the County with its application.
B. 
Annually thereafter, each franchisee shall submit a diversion plan on the due dates set forth by the Director.
C. 
The diversion plan shall include a description of the methods the franchisee intends to use, the facilities the franchise applicant/franchisee intends to utilize, and the customer education and outreach efforts the franchisee intends to implement to satisfy its diversion requirements. The Director shall establish guidelines, forms and other appropriate material to assist franchise applicants/franchisees in preparing the diversion plan required by this section.
D. 
Within 30 days from the date of receipt of a diversion plan, the County shall determine whether the diversion plan complies with the requirements of this section and, based on that determination, shall approve or disapprove the diversion plan. If the County fails to approve or disapprove the diversion plan within such 30 day period, the County shall be deemed to have approved the diversion plan.
E. 
If the Director disapproves a diversion plan, the County shall issue a written notice of deficiency to the franchise applicant/franchisee that identifies the specific reasons for disapproval and recommendations on how to correct the identified deficiencies. Within 30 days of receipt of the notice of deficiency, the franchise applicant/franchisee shall submit a revised diversion plan that corrects the deficiencies identified in the notice. Failure to submit a revised diversion plan pursuant to the notice of deficiency will result in the franchise application being denied or the franchise being suspended.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
Each franchisee shall divert at a rate or rates, measured as a percentage, of commercial waste material the franchisee collects within the unincorporated areas of the County. The diversion rate or rates, and the waste materials utilized to calculate those rate or rates shall be established by Board resolution. Penalties for failing to achieve the required diversion rate or rates are specified in Section 6.20.777 of this chapter.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
Any franchisee, or any person engaged in collecting and recycling organic material, pursuant to Sections 18988.1, 18988.4, and 18995 of Title 14 of the CCR, shall:
A. 
Collect organic material in compliance with Section 18988.2; and
B. 
Keep records of collection of organic material in compliance with Section 18984.4; and
C. 
Conduct route reviews, waste evaluations, and container contamination evaluations, and keep records of those reviews or evaluations, in compliance Sections 18984.5 and 18984.6 of Title 14 of the CCR; and
D. 
Provide those records, or a summary report of such records, on a form made available by the Director, within 30 days of such request by the Director or as defined in the franchise agreement.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
Notwithstanding the requirements of Section 6.20.290 hereof, franchisees shall not be required to divert treated medical waste and such waste shall not be included in determining a franchisee's compliance with the diversion requirements set forth in Section 6.20.290.
B. 
No treated medical waste from commercial solid waste generators shall be delivered by a franchisee to a materials recovery facility for the purpose of recycling.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
Each franchisee shall at all times maintain accurate and complete accounts of all revenues and income arising out of its operations under the franchise granted pursuant to this article; all waste material collected, transported, diverted, and/or disposed; the source of such waste material; the final destination of such waste, material, and all current customer service agreements held. Franchisee's books, accounts, and records, including customer service agreements and documentation concerning the proper calculation of franchise fees, reasonably necessary for the enforcement of this chapter shall be made available for inspection, examination and audit during normal business hours by authorized officers, employees and agents of the County. The Director shall give written notice at least seven days prior to any inspection, audit, or examination of these records.
B. 
Each franchisee shall establish and maintain internal controls consistent with GAAP and be able to demonstrate compliance with County reporting requirements as set forth in this article. Such internal controls shall include, but are not limited to, measures to record, document and/or make available to the Director:
1. 
Weights and/or volumes of all waste material collected in the unincorporated areas of the County from the franchisee's service accounts, detailed by each customer's location or locations.
2. 
Collection truck driver's logs and/or routing sheets, indicating the collection vehicle license plate number, driver's full name, service date, collection locations with container sizes, and the name and location of the disposal and/or recycling facilities where collected materials were disposed of or recycled.
3. 
A list of all customer accounts in the unincorporated areas of the County with customer service and billing addresses and contact information for the reporting period.
4. 
A summary and copies of all the invoices related to waste material collection within the unincorporated areas of the County.
5. 
A summary and copies of all weight tickets issued by the disposal and/or recycling facilities for all waste materials collected in the unincorporated areas of the County for the reporting period. The weight tickets must have the franchisee's company name or other adequate identifier printed legibly on it.
6. 
A report linking weight tickets to the franchisee's service locations, including job sites, and customer's invoice numbers.
C. 
Where the Director determines that an audit is necessary, the Director may require that a franchisee be responsible for reimbursement of costs incurred by the County, including any consultant services, to perform audits of accounts of all franchisee books, accounts, customer service agreements and records related to operations under the franchise granted pursuant to this article.
D. 
Each franchisee must provide a designated audit contact, along with that contact's current mailing address, telephone number, and email address. Any changes to the designated audit contact (including mailing address, telephone number, or email address) must be provided to the County within 30 days of any such change.
1. 
All information provided to the County by the franchisee during an audit shall be certified by the designated audit contact as accurate and up to date.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
Each franchisee shall permanently display in a prominent place on the exterior of each truck utilized in the collection, removal or transportation of commercial solid waste under its franchise a sign containing such information as is required by EMD regulations adopted pursuant to Section 17344 of Title 14 of the CCR.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
Every franchisee shall at all times maintain an office where an agent or representative of the franchisee can be reached by telephone and email during regular business hours, Mondays through Fridays, legal holidays excepted. The franchisee's fleet of vehicles used for service operations must be located within the County or within the metropolitan area immediately adjacent to the County.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023; SCC 1761, 8/5/2025)
Each franchisee must agree to indemnify, defend, and hold harmless the County as provided in the franchise agreement.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
Each franchisee shall maintain, at its own expense, required insurance coverages, as provided in the franchise agreement.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
In addition to compliance with Section 6.20.165 of this chapter, all vehicles and other equipment used in the collection and subsequent transportation, and disposal of commercial solid waste in the unincorporated area of the County shall be inspected as often as the Director deems necessary and at such times and places as shall be designated by the Director. No vehicle shall be used in the collection and subsequent transportation, and/or disposal of commercial solid waste within the unincorporated areas of the County unless it carries a current, unrevoked tag or decal issued by the County authorizing such activity. The Director shall provide for each vehicle operated by franchisee, a durable tag or decal upon completion of a satisfactory vehicle inspection. Such tag or decal shall be securely fastened and maintained by the franchisee on each vehicle so as to be clearly visible. The Director may suspend the tag or decal of any vehicle that fails to meet the requirements of this section, and such vehicle shall not be used for the collection and subsequent transportation or disposal of refuse until the tag or decal has been reinstated by the Director. In the event any vehicle fails to meet the requirements of this section, or in the event any vehicle becomes temporarily or permanently inoperable or unavailable. The franchisee must notify DWMR of any changes to its vehicles or tags.
B. 
The franchisee shall be responsible for all inspection costs incurred by County under this section and any other inspections or vehicle approvals, certifications, permits or authorizations required to insure compliance with this chapter.
C. 
The bodies of vehicles used in the collection, removal or transportation of commercial solid waste in the County shall have beds of metal or other impervious material which can be cleaned, and shall otherwise be of a type approved by EMD as provided in Section 6.20.165.
D. 
EMD shall be authorized to issue administrative regulations pertaining to specifications for vehicles and containers, the cleansing and disinfection thereof, and other sanitary measures in connection therewith.
E. 
The franchisee must be the registered owner, as defined by Vehicle Code Section 505, of all vehicles used in the collection, removal, or transportation of commercial solid waste in the unincorporated areas of the County under their franchised operations.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
The Director shall establish minimum standards for franchisee customer service agreements, which will be set forth within the franchise agreement.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
All franchisees or self-haulers of waste materials shall provide information on the amount and jurisdiction of origin of all waste materials collected and delivered to a LEA-permitted solid waste facility in the County to the operator of that facility. If a load of waste materials includes material from multiple jurisdictions of origin, the franchisee shall provide the percentage of tonnage originating from each jurisdiction. If actual tons collected by jurisdiction are not directly available, a franchisee may provide an estimate of the percentage of tonnage from each jurisdiction using customer data including bin size and frequency of collection.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
The operator of any LEA-regulated solid waste facility in the County shall file with the Director a quarterly report of the quantities and type of waste material delivered to solid waste facilities owned or operated by the County. Such report shall be in such form, including electronic form, as required by the Director.
B. 
The Director shall provide and establish guidelines, forms and other appropriate material to assist facilities in preparing the reports required by this article.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
The Director may develop forms, processes, and standards, including minimum recycling standards, for certifying diversion facilities, including, but not limited to, single-stream recyclable material recovery facilities, C&D sorting facilities, and organic material processing facilities. Such standards shall be based on extraction and marketing of recyclable material.
B. 
To be certified, the facility must submit an application for certification to the County on forms provided by the Director.
C. 
The Director is authorized to certify a diversion facility whose application demonstrates a history of regulatory compliance and a technical competence to effectively sort, extract, and/or market recyclable material from the waste material stream anticipated to be delivered. The Director shall review the application and either certify the diversion facility or notify the applicant of incompleteness or denial of the application within sixty (60) days of receipt. A Director's notification of incompleteness shall be in writing and include specific reason(s) why the application was deemed incomplete or denied. Appeals concerning denial of a certification application shall be conducted in the manner described in Sections 6.20.755 through 6.20.760.
D. 
Certification will be valid for one (1) year from the date of approval and may be re-evaluated from time to time at the Director's discretion. All certification applications must be accompanied by a processing fee which the Board shall set by resolution and which may be amended from time to time.
E. 
The operator of a certified diversion facility shall file with the Director a quarterly report, on forms provided by the County, of all material delivered, the jurisdiction of origin of all material, the hauler and source of such material, and the amounts and types of material sorted and/or recycled. The report shall be in such form, including electronic form, and detail as required by the Director. The report shall also contain any other information or data as the Director determines is necessary to effectively administer this chapter. The quarterly report shall be used to calculate a recovery percentage which franchisees shall, or others may, use to calculate their own diversion percentages. Recovery percentages shall be calculated for waste material processes clearly identified by the Director within the certified diversion facility, not necessarily for the entirety of waste material activities occurring at the certified diversion facility.
F. 
Certified diversion facilities shall be subject to inspections by the Director, on a monthly or as needed basis, to ensure ongoing compliance with the terms of certification. These inspections shall be unannounced. Each certified diversion facility operator shall at all times maintain accurate and complete accounts of all waste material delivered and the hauler and source of such waste material. The operator's books, accounts and records reasonably necessary for the enforcement of this chapter shall be made available for inspection, examination, and audit during normal business hours by authorized officers, employees and agents of the County.
1. 
Where the Director determines that an audit is necessary, the operator of a certified diversion facility may be responsible for reimbursement of costs incurred by the County, including any consultant services, to perform audits of accounts of all waste material delivered, including the hauler and source of such waste material disposed or recycled.
2. 
If, following an audit, a facility's recovery percentage is discovered to have been reported inaccurately pursuant to subsection E above, the Director shall take the following actions:
a. 
Following the first instance, the Director shall provide a written notice to operator requiring correction of the calculation methods utilized in the quarterly report. Operator shall submit said correction within the time period set forth in the notice.
b. 
Following the second instance, the tonnage shortfall shall be subtracted from the subsequent quarterly recycling percentage.
c. 
Following the third instance, the Director may, in addition to pursuing subsection (F)(2)(b) above, suspend the certification as provided in Section 6.20.380.
d. 
Following the fourth instance, the Director shall revoke the certification as provided in Section 6.20.380.
G. 
All certifications granted pursuant to this part shall be nonexclusive. No provision of this article shall be deemed to require restricting the number of certified facilities or to require the Director to grant any certification if the Director finds or determines that the grant of any such certification is not in the public interest.
H. 
Each certified facility shall provide services without undue interruption caused by mechanical failures or other inadequacies of equipment, and shall utilize equipment in quantities and of an age and quality adequate for the provision of reliable service and achievement of the minimum diversion standards established by this chapter.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023; SCC 1761, 8/5/2025)
A. 
The Director shall establish specific forms, processes, and standards, including minimum recycling standards for materials that must be extracted from mixed C&D debris by the facility's sorting protocols, for certifying C&D sorting facilities.
B. 
A certified C&D sorting facility shall, in addition to complying with Section 6.20.365 above, conduct a continuous survey of incoming loads of C&D debris to determine whether the load was generated at a covered project as described in Section 6.20.620. A minimum percentage of loads from projects identified as covered by Sections 4.408.5 and 5.408.5 of Title 24 of the CCR or Article 6 of this chapter, must be subjected to the facility's sorting protocols.
C. 
The Director shall maintain, and make available to the public upon request, a list of all certified C&D sorting facilities and their specific recycling percentage performance.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)
A. 
The Director may suspend any certification granted pursuant to this article if the Director finds that the operator has failed to comply with, or to do anything required by this chapter, any applicable rule or regulation promulgated pursuant to Section 6.20.035, and any applicable Federal, State, or local statute, ordinance, rule or regulation.
B. 
The suspension shall remain in effect until the certified facility provides documentation satisfactory to the Director, verifying that the reason for suspension specified above no longer exists.
C. 
The Director may revoke any certification upon the facility's second suspension within any 12 month period.
D. 
The Director shall immediately suspend any certification granted pursuant to this particle whenever the certified facility:
1. 
Fails to keep in full force and effect the insurance required by the certification; or
2. 
Fails to keep in full force and effect any applicable licenses or permits required by Federal, State or local law; or
3. 
Repeatedly fails to correct inaccurate reporting of its recovery percentages as provided in Section 6.20.365(F) above.
E. 
Notices of suspension or revocation of certification shall be sent to the operator by certified mail and shall state the reason or reasons for suspension or revocation.
F. 
Appeals concerning suspension or revocation of a certification shall be conducted in the manner described in Sections 6.20.755 through 6.20.760.
(SCC 1672 § 3, 2021; SCC 1720 § 1, 2023)