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 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 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 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 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 within the
previous 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)
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 a central office
within the County, or within the metropolitan area immediately adjacent
to the County, 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.
(SCC 1672 § 3, 2021; SCC
1720 § 1, 2023)
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 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 year from the date of approval and shall be
subject to annual renewal. All certification applications, including
renewals, 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 more frequent 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 shall 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)
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)
The Director may establish specific forms, processes, and standards for certifying material recovery facilities in addition to those set forth in Section
6.20.365.
(SCC 1672 § 3, 2021; SCC
1720 § 1, 2023)
The Director may establish specific forms, processes, and standards for certifying organic material facilities in addition to those set forth in Section
6.20.365.
(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)