For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
"Collection"
means the act of collecting solid waste at the place of waste
generation by an approved collection agent (public or private); "collection"
is distinguished from "removal."
"Collection vehicle equipment"
means any vehicle or equipment used in the collection of
residential solid waste or commercial or industrial solid wastes.
"Commercial customers"
means a customer receiving solid waste collection service
where such customer is principally engaged in retailing of goods or
services and not defined as industrial or residential.
"Commercial generator"
means multifamily residential or a commercial business, which
generates solid waste, recyclables, organic waste or compostable materials
and may be amended from time to time, which is incorporated herein
by reference.
"Commercial solid waste"
means solid waste generated by or originating from stores;
business offices; commercial warehouses; hospitals; education, health
care, military and correctional institutions; multiple-family dwelling
units of four or more units; and government offices. "Commercial solid
waste" does include solid waste such as building materials; packaging
and rubble resulting from construction, remodeling, repair and demolition
operations on pavements, houses, commercial buildings, and other structures.
"Compost"
shall be defined as set forth in California Public Resources
Code Section 40116, as may be amended from time to time, which is
incorporated herein by reference.
"Contaminated container"
means a container, regardless of color, that contains incorrect
materials or prohibited contaminants and may be amended from time
to time, which is incorporated herein by reference.
"Contract"
means the written agreement conveying the performance of
the work including, but not limited to, the formal agreement and special
provision, affidavits, and certificates of equal opportunity employment,
certificate of worker's compensation insurance, the proposal, contract
specifications, and performance bond.
"Contractor"
means the individual, partnership, corporation, joint venture
or other legal entity entering into a contract with the city to provide
residential, commercial and partial industrial solid waste collection
services. When modified by the phrase "as constituted," it means the
partnership, corporation or other legal entity as organized and existing,
with the same majority shareholders, as determined at the time of
the execution of a contract between the contractor and the city.
"Disposal site"
means the place, location, tract of land area or premises
in use, intended to be used or which has been used for the landfill
or other disposal of solid wastes.
"Food distributor"
means a company that distributes food to entities, including,
but not limited to, supermarkets and grocery stores.
"Food recovery"
means actions to collect and distribute food for human consumption
that otherwise would be disposed.
"Food recovery organization"
means an entity that engages in the collection or receipt
of edible food from commercial edible food generators and distributes
that edible food to the public for food recovery either directly or
through other entities including:
2.
A nonprofit charitable organization; and
3.
A nonprofit charitable temporary food facility.
"Green waste"
refers to material that can be broken down into, or otherwise
become part of, usable compost in a safe and timely manner (including
food scraps, food-soiled paper, and compostable plastics) and may
be amended from time to time, which is incorporated herein by reference.
"Grocery store"
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments.
"Hazardous waste"
shall be defined as set forth in California Public Resources
Code Section 40141, as may be amended from time to time, which is
incorporated herein by reference.
"Industrial solid waste"
means solid waste originating from mechanized manufacturing
facilities, factories, refineries and publicly operated treatment
works.
"Industrial solid waste license"
means a person or business entity who/which seeks and obtains
a license for the removal and handling of industrial solid waste.
"Large event"
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than 2,000 individuals
per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking
lot, golf course, street system, or other open space when being used
for an event.
"Large venue"
means a permanent venue facility that annually seats or serves
an average of more than 2,000 individuals within the grounds of the
facility per day of operation of the venue facility. For purposes
of this chapter and implementation of, a venue facility includes,
but is not limited to, a public, nonprofit, or privately owned or
operated stadium, amphitheater, arena, hall, amusement park, conference
or civic center, zoo, aquarium, airport, racetrack, horse track, performing
arts center, fairground, museum, theater, or other public attraction
facility.
"Local education agency"
means a school district, charter school, or county office
of education that is not subject to the control of city regulations
related to solid waste.
"Organic waste"
refers to waste containing material originated from living
organisms and their metabolic waste products (including, but not limited
to, food, green waste, landscape waste, organic textiles and carpets,
lumber, and paper products) and may be amended from time to time,
which is incorporated herein by reference.
"Recyclable"
means material which has been retrieved or diverted from
disposal or transformation for the purpose of recycling, composting
or salvage. This definition shall include, but not be limited to,
corrugated cardboard, newspaper, phone books, junk mail, magazines,
ferrous metals, nonferrous metals, recyclable glass (including redemption
glass), mixed metals, nonrecyclable glass, aluminum (including redemption
aluminum), and PET (No. 1) and HDPE (No. 2) plastic.
"Recycle"
shall be defined as set forth in California Public Resources
Code Section 40180, as may be amended from time to time, which is
incorporated herein by reference.
"Recycling"
means the process by which salvaged materials become a usable
product.
"Removal"
means the act of taking solid wastes or refuse from the place
of waste generation either by an approved collection agent or by a
person in control of the premises.
"Residential customer"
means all residences within the city limits, including single-family
and multi-family dwellings of no more than three units.
"Residential generator"
means single-family residential, which generates solid waste,
recyclables, organic waste or compostable materials and may be amended
from time to time, which is incorporated herein by reference.
"Residential solid waste"
means solid waste originating from all residences within
the city limits, including single-family and multifamily dwellings
of no more than three units.
"Salvage"
means the controlled removal of material from the solid waste
stream for recycling, Composting or transformation.
"Solid waste"
shall be defined as set forth in California Public Resources
Code Section 40191, as may be amended from time to time, which is
incorporated by this reference.
"Solid waste facility"
shall be defined as set forth in California Public Resources
Code Section 40194, as may be amended from time to time, which is
incorporated herein by this reference.
"Source separated single recyclable"
shall be defined as recyclable material that is segregated
by the generator for the purpose of recycling into one of the following
categories: newspaper; mixed paper; glass; metals; plastics; wood;
beverage containers; concrete; soil; and such other categories as
may be designated in rules promulgated by the public works director.
"Source separate"
means the process of removing recyclable materials, green
waste and organics waste from solid waste, prior to collection, into
separate containers that are separately designated for recyclables,
green waste or solid waste and may be amended from time to time, which
is incorporated herein by reference.
"Subcontractor"
means the individual, partnership, or corporation, or other
legal entity entering into a contract with the contractor to perform
a portion of the work.
"Supermarket"
means a full-line, self-service retail store with gross annual
sales of two million dollars ($2,000,000.00), or more, and which sells
a line of dry grocery, canned goods, or nonfood items and some perishable
items.
"Tier two commercial edible food generator"
means a commercial edible food generator that is one or more
of the following:
1.
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
2.
Hotel with an on-site food facility and 200 or more rooms.
3.
Health facility with an on-site food facility and 100 or more
beds.
6.
A state agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
7.
A local education agency facility with an on-site food facility.
"Tipping fee"
means the charges assessed to unload solid waste at a solid
waste facility.
"Transfer station/resource recovery facility"
means those facilities utilized to receive solid wastes,
temporarily store, separate, convert or otherwise process the materials
in the solid wastes or to transfer the solid wastes directly from
smaller to larger vehicles for transport to their final place of disposition.
"Wholesale food vendor"
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination.
"Yard waste"
means waste generated from the maintenance or alteration
of public, residential, or commercial landscapes, including, but not
limited to, grass, vine clippings, leaves, tree trimmings, prunings,
brush, weeds, and limbs and branches that shall fit within the cart
designated for yard waste with the lid closed. Yard waste shall not
include dirt, rocks, dead animals, or inorganic material.
(Prior code § 50.01; Ord. 99-172 § 1; Ord.
21-427 § 1; Ord. 22-435 § 1)
A. Residential.
Residential customers shall be provided with three color-coded carts
which shall designate which cart is being used for with type of solid
waste: blue shall be for recyclables; green shall be for yard waste;
and brown shall be for residential solid waste.
1. Residential
customers may select a container size for residential solid waste,
excluding recyclables and yard waste, from the following industry
classification sizes: 30 gallon, 60 gallon, or 90 gallon. Selection
of container size may be made only once per billing period and shall
be effective the entire billing period. In the event that a residential
customer desires to change the designation of the container, said
residential customer shall notify the contractor no later than the
fifteenth of the month preceding the month when the change in container
size shall be effective.
2. The
monthly fee shall be no higher than that permitted by resolution,
as adopted herein and shall be dependent on the size of the container
specified by the customer for residential solid waste. No other containers
shall be collected or utilized. Additional service in excess of the
selected level of service shall be available at an extra cost to the
customer.
3. Residential
customers shall place carts on the edge of the pavement, off the sidewalk.
Any animals shall be restrained. Ashes must be cold and bagged, and
animal droppings must be bagged in a nonpermeable material. Failure
to meet any of these conditions shall constitute cause for the contractor's
refusal to perform collection services. The contractor shall, after
collection, return carts to the location from which they were collected.
4. Containers
shall not be placed at the curb or in the alley earlier than 24 hours
prior to collection day, and shall be removed within 24 hours after
collection.
B. Commercial
and Industrial. Commercial and industrial customers shall place solid
waste in a location on their premises that is readily accessible to
the contractor's/licensee's collection vehicles and that has received
the contractor's/licensee's prior approval as conforming to its specifications
and requirements for solid waste container facilities. The contractor
or licensee shall make such specifications and requirements available
upon request by a customer. Failure to place containers in an approved
location shall constitute cause for the contractor's refusal to perform
solid waste services.
C. Temporary
Service Interruption.
1. When
the premises of a business, private dwelling, or residence is scheduled
to be unoccupied for a period of not less than one month nor no more
than two months, solid waste collection may be temporarily discontinued
by completion and filing of a "request for interruption of solid waste
service" form, available from the department of public works.
2. The
"request for interruption of solid waste service" form shall be completed
by the person requesting temporary interruption of service and shall
be placed on file with the department of public works and the contractors
with which the city has contracted for solid waste collection and
transportation services. The request for interruption of solid waste
service form shall be provided to contractor no later than the fifteenth
of the month preceding the month when the interruption of service
is to occur.
(Prior code § 50.02; Ord. 99-172 § 1; Ord.
18-384 § 1)
Residential customers shall maintain solid waste containers
in a safe and sanitary condition and in good repair free from sharp
or rough edges, jagged surfaces or other hazards likely to cause injury.
In the event the contractor provides such containers, residential
customers shall be responsible for maintaining such containers in
a clean and sanitary condition and securing them from loss. In the
event of loss, residential customers may be required to reimburse
the contractor for the cost of the lost cart(s). The contractor or
licensee shall be responsible for keeping them in good repair. It
shall be the responsibility of commercial and industrial customers
to maintain solid waste containers in a clean and sanitary condition,
and the contractor shall be responsible for keeping them in good repair.
All residential and commercial solid waste containers shall be tightly
covered.
(Prior code § 50.03; Ord. 99-172 § 1)
A. Each
owner of a multiple-family dwelling unit of four or more units shall
at all times provide and keep within such dwelling place, apartment
or flat, or on the lot on which the dwelling place is situated and
easily accessible for solid waste collecting, one of the following
types of solid waste service:
1. Residential
Account. Each account shall be billed individually by contractor.
Each unit shall be provided with one small brown cart. Blue recycling
carts shall be placed randomly through the park/village.
2. Commercial
Account. A single, large dumpster (either roll-off or front loader)
shall be maintained in each park. Contractor shall provide one large
recycling cart per 20 units.
B. Such
cart shall be of such construction as to comply with the health laws
of the city and state. Nothing herein shall prohibit or prevent the
contractor from furnishing suitable carts (at no cost to the party
or parties to whom service is provided).
C. At the
customer's request, where suitable storage area and access are available,
the contractor may provide one or more mechanically-loaded metal or
plastic solid waste carts suitable for the quantity of solid waste
generated by the customer during the customer's schedule collection
interval.
(Prior code § 50.04; Ord. 99-172 § 1)
No person shall deposit in any container used for solid waste
any explosive or highly flammable, radioactive, toxic or other hazardous
material or substance as defined by state and/or federal law. However,
special arrangements may be made with the contractor or licensed hazardous
waste hauler for removal of such hazardous material. The contractor
is under no obligation to remove hazardous waste.
(Prior code § 50.05; Ord. 99-172 § 1)
It is unlawful for any person to burn or bury within the city
any solid waste, or to place or deposit upon any street, alley, place
or vacant lot any of the materials included in the definition of the
word "solid waste."
(Prior code § 50.06; Ord. 99-172 § 1)
A. It is
unlawful for any person to throw into or deposit upon any public street,
highway or grounds, or in any gutter or ditch, or upon any private
premises, or anywhere except in such places as may be designated for
such purposes by the city, any glass, broken wares, dirt, rubbish,
solid waste or filth, nor shall any rubbish, solid waste or filth
be allowed to remain upon any private premises.
B. Any
solid waste, dirt, rubbish, soot, ashes, cinders or filth of every
kind in any house, cellar, yard or any other place, which the city
or other legally authorized health office (for the health of the city)
deems necessary to be removed, shall be carried away therefrom by
and at the expense of the owner or occupant of such house, or any
place where the same may be found and removed beyond the corporate
limits, or to such place as may be designated by the city or other
legally authorized health officer.
(Prior code § 50.07; Ord. 99-172 § 1)
A. Except
for those industrial customers who may use the services of a properly
approved industrial solid waste licensee, every person owning or occupying
residential, commercial or industrial premises within the city limits
shall utilize the solid waste collection and transportation services
of the contractors with which the city has contracted, and shall pay
the fees for those services as set by the contractor, unless otherwise
provided. Each owner or occupier of residential, commercial or industrial
property not otherwise serviced by an industrial licensee shall directly
arrange with the city for the provision of services. The city may
cause to be removed, at the expense of the owner or occupier of any
premises, any solid waste not collected due to the failure or refusal
of the owner or occupier of the premises to arrange or pay for the
contractor's services.
B. Notwithstanding
the foregoing, any person may remove or may cause to be removed from
premises occupied by that person or under their control, such solid
waste as is created or produced on such premises if this section has
been or will be complied with.
1. Only
the owner or occupant, or the employees of such owner or occupant,
shall make such removal.
2. All
vehicles used in carrying out such removal shall be owned by or under
the exclusive control of the owner or occupant, and such vehicles
and activities shall meet all the requirements of this chapter and
all other laws and ordinances of the state of California and the city
relating to solid waste disposal.
3. The
following additional requirements shall also apply:
a. No waste shall be permitted to leak, blow, litter or fall from any
vehicle engaged in such removal.
b. All removal shall be done safely and quietly with due regard to the
property of others.
c. No person shall remove solid waste from any location within 200 feet
of a public or private elementary, junior high, or high school, where
such school is shown on an official map of the city, as designated
by the public works director, as the map shall be periodically updated,
during the 45 minutes before the commencement of the regular school
day and 45 minutes following the conclusion of the regular school
day, where such locations are accessible to and used by children as
routes to or from school.
d. Persons engaged in solid waste removal pursuant to these requirements
shall be responsible for any damage in excess of normal wear and tear
to the city's driving surfaces, whether or not paved, resulting from
the illegal weight of, or any leakage or spillage of oils, fluids
or solids by vehicles used in such solid waste removal.
e. Vehicles used shall comply with CHP and D.O.T. regulations, and shall
be thoroughly washed and disinfected inside the collection body following
each use.
f. No driver shall operate a vehicle as in subsection
(B)(3)(e) of this section, without a valid and appropriate driver's license.
g. All vehicles as in subsection
(B)(3)(e) of this section shall be clearly identified with the name and local telephone number of its operator affixed thereto.
h. Garbage shall be disposed of at a permitted transfer facility. If
disposed of outside of San Joaquin County, the county where disposal
occurs shall have an export agreement with the city.
i. Yard waste shall be separated from garbage/recyclables and taken
to a permitted composting facility or such other locations as directed
by the public works director.
j. Recyclables shall be separated from other solid waste and shall be
recycled at a permitted recycling facility.
k. Insurance requirements as specified from time to time by the city's
risk manager shall be Complied with.
l. A cash security deposit shall be deposited with the city in an amount
set from time to time by council resolution, to ensure prompt removal
of solid waste in the event it is not removed from the premises on
a regular weekly basis by a noncustomer owner or person in control
of the premises. The security deposit shall be made for each separate
residential property or business location owned or controlled by a
noncustomer, based on the frequency and volume of past collection.
Events requiring city to use a noncustomer's deposit for solid waste
removal shall be treated as a public nuisance subject to immediate
abatement and charged to such noncustomer. Conduct requiring city
to expend noncustomer deposit moneys shall constitute a misdemeanor.
m. Persons engaged in solid waste removal shall procure and retain a
receipt from a permitted solid waste facility for each week they remain
a noncustomer of a collector and display all such receipts for the
preceding one-quarter calendar year upon reasonable request by appropriate
city authority. Failure to show proof of solid waste disposal for
each week that a person is a noncustomer shall constitute a public
health and safety risk sufficient to permit city to administratively
require such person to become a customer.
n. Any producer of industrial garbage or swill, or their employees,
may transport the same upon or through any street or public place
of the city for disposal at a permitted disposal facility or site.
o. It shall be unlawful for any person acting as an employee or a producer
of industrial garbage or swill to collect or transport such industrial
garbage or swill from more than one industrial producer thereof.
p. Any person engaged in the business of gardening or tree trimming,
or building demolition, or construction cleanup work, including both
yards and building interiors, is authorized to remove and dispose
of yard waste, rubbish or salvageable waste produced as an incident
to such business.
(Prior code § 50.20; Ord. 99-172 § 1; Ord.
01-191 § 32A)
The city has the exclusive right and duty to collect and transport
solid waste or provide for the collection and transportation thereof
within the city limits under such terms and conditions as it deems
necessary for the public health, safety and well-being, and it may
contract for the provision of those services.
(Prior code § 50.21; Ord. 99-172 § 1)
A. Contractor
shall provide solid waste collection and transportation services to
all residential, commercial and/or industrial customers within the
area specified in their contract, except as specified herein with
respect to industrial customers. The residential and commercial contractor
shall also be responsible for collection and transportation services
for buildings owned or leased by the city and for city-owned parks.
Contractor shall not be required to service oversized, overweight
or unsafe containers, or to remove hazardous waste or other types
of waste where it is unsafe to do so.
B. It shall
be the sole right and responsibility of the contractor to determine
whether a container is unsafe to remove. If such a determination is
made, the contractor shall give written notification to the customer,
and the customer shall have 48 hours in which to correct the unsafe
condition to the contractor's satisfaction. After correction, the
contractor shall be responsible for prompt removal of the customer's
solid waste.
(Prior code § 50.22; Ord. 99-172 § 1)
Except as otherwise provided in this chapter with respect to
industrial collection, at any time there is a contract in force between
the city and any contractor, it shall be unlawful for any person other
than the contractor to collect or transport solid waste within the
city limits.
(Prior code § 50.23; Ord. 99-172 § 1)
No contract entered into pursuant to this chapter shall be assigned
without prior consent of the city.
(Prior code § 50.24; Ord. 99-172 § 1)
It is unlawful and an infraction for any person, other than
the collector authorized by the city or by the contract to collect
solid waste at that location, to remove or collect recyclable or salvageable
materials placed by any person in a bag or container labeled for the
use in connection with the recycling program operated by such collector,
or to remove or collect recyclable or salvageable materials found
at any commercial, industrial or city-owned or leased facility within
the city. This section shall not apply to residential, commercial
or industrial customers who contract for the removal of their recyclable
or salvageable materials.
(Prior code § 50.25; Ord. 99-172 § 1)
A. License
Fee. The license fee for engaging in the business of collection of
industrial solid waste shall be the sum of $2,500 per year or fraction
thereof; payable in advance. In addition to the annual fee, the city
shall collect from the licensee an amount equivalent to 11% of the
gross receipts collected from the furnishing of such industrial solid
waste removal services within the city. The contractor who provides
residential and commercial service shall not be required to pay the
annual license fee required by this section, but shall be required
to pay the 11% fee on gross receipts.
B. Business
License. An industrial solid waste licensee shall not be required
to obtain a business license.
C. Applications
for License. Applications for licenses shall be submitted in writing
to the city clerk on a form provided by the city. Each application
shall contain the information including the following:
1. Name
and Address of Applicant. If the applicant is a firm or partnership,
names of all owners and partners of all classes, limited and general,
shall be listed. If the applicant is a corporation, the names and
titles of each of the officers and directors shall be listed, and
in addition, the names of all stockholders owning, holding or controlling
five percent or more of corporate stock shall be listed.
2. Names
and Addresses of Customers. Names and addresses of customers proposed
to be served shall need to be listed. A signed statement requesting
service from such industrial customer shall accompany the application
and be in an approved form. In the event the licensee desires to serve
additional customers other than those specified in the application
for a license, a signed statement requesting such service shall be
obtained from such customer and filed with the city clerk prior to
the commencement of such service.
3. Number,
Kind and Capacity of Vehicles. The number, kind and capacity of the
vehicles and other equipment to be used for industrial solid waste
shall be listed.
4. Financial
Statement. The applicant shall provide proof of financial ability
to provide service contemplated by the application.
5. Type
of Service. The type of industrial solid waste removal service that
is proposed shall be described.
D. Council
Action. Upon receipt of an application for a license hereunder, the
council may grant the requested license if it determines the following:
1. That
it meets the requirements of applicable provisions of this code and
regulations adopted pursuant thereto;
2. That
the applicant has paid all fees and charges, and has demonstrated
its ability to provide the service in a safe and reliable manner consistent
with the preservation and advancement of the public health, safety
and well-being of the city;
3. That
it is in the interest and welfare of the customer(s) and the city
that the license be granted.
E. Granting
a License. Every license granted by the council shall cover the following
matters:
1. The
name and address of the person, firm or corporation to whom the license
is issued;
2. The
type of solid waste removal service authorized;
3. The
term for which the license is granted;
4. Such
other conditions as the council may provide.
F. Faithful
Performance Bond by Licensee. Each person granted a license to collect
industrial solid waste shall file with the city clerk a faithful performance
bond or other form of security satisfactory to the city in the amount
of $25,000. The bond or security shall be conditioned upon the faithful
performance of all of the terms and conditions of the license and
these regulations.
G. Transfer
of Licenses. No license granted by the council pursuant to the provisions
of this chapter may be assigned, and no majority interest in any grantee
of license can be sold, transferred, leased, assigned, mortgaged,
pledged, hypothecated or otherwise encumbered or disposed of, in whole
or in part, directly or indirectly, whether voluntarily or by operation
of law, or through any stock transfer, transfer in trust, change in
control, consolidation or merger of any company or corporation without
the prior written consent of the city council, which shall not be
unreasonably withheld.
H. Revocation
of Licenses. Any license granted by the council may be revoked by
the council, if, after conducting a public hearing on the revocation,
the council finds and determines that the person doing business by
virtue of such license has failed to comply with any of the terms
of the license and these regulations, or has failed to render satisfactory
collection services.
I. Insurance
Requirements. No license shall be issued, nor shall any such license
be valid after issuance, unless there is at all times in force and
effect, to provide protection against liability for damages which
may be imposed for the negligence of the licensee or his employees
or agents, a liability insurance policy or policies approved by the
city clerk and issued by an insurance company authorized to do business
in the state.
1. Such
policy or policies shall provide protection against liability of the
licensee for the payment of damages in amounts, at least as follows:
a. In the amount of $500,000 on account of bodily injuries to, or death
of one person;
b. In the amount of one million dollars ($1,000,000.00) against the
total liability of the licensee on account of bodily injuries to,
or death of more than one person as a result of any one accident.
2. A
liability insurance policy shall inure to the benefit of any persons
who shall be injured or who shall sustain damage to property proximately
caused by the negligence of the licensee insured by such policy, his
employees or agents.
3. Satisfactory
evidence that the liability insurance required by this section is
at all times in full force and effect shall be furnished the city
clerk by each licensee required to provide such insurance.
4. The
policy of insurance shall contain a provision against cancellation,
except upon 30 days prior written notice thereof to the city clerk.
5. The
policy shall name the city, its offices and employees as additional
insureds.
J. Removal
Rates. The rates for the removal of industrial solid waste shall be
established by agreement between the licensee and industrial customer.
K. Collection
for Industrial Customers by Contractor. In the event any industrial
customer is not served by a licensee, such service shall be provided
by the contractor or any licensee who has paid the city's license
fee at the discretion of the industrial customer.
L. Billing for Industrial Services. Each licensee shall be responsible for billing its industrial customers on a monthly basis. Within 10 business days after the end of each month, each licensee shall calculate the amount of its gross receipts from industrial customers during the previous month and shall make payment of the fee owed to the city pursuant to subsection
A of this section.
(Prior code § 50.26; Ord. 99-172 § 1)
A. Annual
Financial Report by Contractors and Licensees. Each person granted
a license or who contracts with the city for the removal of solid
waste shall file each year with the city clerk a reviewed financial
statement, which will include a balance sheet and profit and loss
statement prepared by a statelicensed accountant using generally accepted
accounting principles for activities conducted within the limits of
the city. The statement shall be filed on or before the date set forth
in the license for the fiscal or calendar year specified in the license.
B. Records
Required. Every person granted a license or who contracts with the
city for the removal of solid waste shall maintain detailed records
of all receipts and expenditures received or incurred in the operation
of such business, including fees collected for services rendered.
The city, its officers and employees shall be entitled to inspect,
audit and copy such books and records upon notice at all reasonable
times.
C. Compliance
with Source Reduction and Recycling Element of AB 939:
1. Each
person granted a license or who contracts with the city for the removal
of solid waste shall maintain detailed records of all recyclable or
salvage materials obtained or removed in the operation of such business.
The records maintained shall indicate the amount of such materials
collected and their ultimate disposition.
2. The
records required in subdivision (1) above shall be filed on a quarterly
basis with the department of public works on or before January 31st,
April 30th, July 31st and October 15th of each fiscal or calendar
year for which a license is granted by the city. The city, its officers
and employees, shall be entitled to inspect, audit and copy such books
and records at all reasonable times upon notice.
D. Failure
to Comply. The failure to comply with any of the record-keeping requirements
under this chapter shall be grounds for non-renewal for any person
granted a license or for termination of any contract with the city
for the removal of solid waste.
(Prior code § 50.27; Ord. 99-172 § 1)
A. The
contractor shall prepare and deliver bills to all customers in the
city on a monthly basis. The owners of all property within the city
shall be responsible for the payment of all solid waste services;
however, payments may be accepted from the tenant(s) residing upon
such property. Service shall be subject to termination if the bills,
plus any applicable penalties, remain unpaid for a period in excess
of two billing cycles. The contractor shall be obligated to provide
a customer with 14 days' advance written notice of its intent to terminate
service.
B. If a
customer's bills still remain unpaid at the end of the 14 day notification
period, the contractor shall notify the city and appropriate steps
may then be taken by the city to create a lien against the property
for which the services were rendered. Such charge may be added to
and collected with the tax charges or assessments for the current
year, and property may be sold in the same manner as sale of property
pursuant to the laws of the state. Moneys recovered by the city pursuant
to any lien or tax procedure shall be paid to contractor. This division
shall not apply to industrial collection, whether by the franchised
contractor or otherwise.
(Prior code § 50.40; Ord. 99-172 § 1)
A. Charges
for solid waste service shall be as determined by the collector for
each customer class and shall not be subject to city review and mediation.
B. The city shall not engage in rate-making with respect to charges for solid waste collection service, except to set maximum rates as set forth in subsection
C of this section.
C. Inasmuch
as collectors granted exclusive franchise agreements will have no
competition with respect to customers who do not wish to be noncustomers,
the city council reserves the right to set maximum rates that may
be charged for any solid waste collection services offered by collectors
having agreements with the city specifying that the collector has
an exclusive service agreement with respect to such service or services.
No collector may charge differing rates within the same class of solid
waste customer.
(Prior code § 50.41; Ord. 99-172 § 1)
A. Section
41901 of the
Public Resources Code authorizes the city council to
impose a fee to pay for the costs of preparing, adopting and implementing
an integrated solid waste management plan.
B. There
is imposed a three percent fee on the rates and charges collected
by the city's contractor for residential and commercial solid waste
and industrial solid waste haulers licensed by the city.
C. The fee provided for in subsection
B above shall be collected for industrial customers and shall be paid on a monthly basis by industrial solid waste licensees in the same manner as the industrial solid waste removal license fee. The city's contractor shall collect the fee provided for in subsection
B on behalf of the city on a monthly basis.
(Prior code § 50.42; Ord. 99-172 § 1)
A. No person
shall engage in the business of collecting or transporting source
separated single recyclables generated at commercial or industrial
premises in the city without first obtaining a recycling permit from
the public works director authorizing such person to engage in such
business.
B. No person
engaged in the business of collecting or transporting source separated
single recyclables shall commingle such single recyclables with any
other solid waste, whether in the collection or transportation of
the single recyclables, except as permitted in the recycling permit.
C. Any person who engages in the business of collecting or transporting source separated single recyclables without the permit required by this section or who commingles source separated single recyclables with any other solid waste shall be guilty of an infraction, punishable as set forth in Section
1.16.010.
(Prior code § 50.50; Ord. 99-172 § 1)
Any person seeking a permit to engage in the business of collecting
or transporting source separated single recyclables shall file an
application with the public works director for a recycling permit,
on a form provided by the public works department, setting forth the
following information:
A. The
applicant's name, address and telephone number. If the applicant is
a firm or partnership, names of all owners and partners of all classes,
limited and general, shall be listed. If the applicant is a corporation,
the names and titles of each of the officers and directors shall be
listed, and in addition, the names of all stockholders owning, holding
or controlling five percent or more of corporate stock shall be listed;
B. A number,
kind and capacity of all vehicles, including license plate numbers
and vehicle identification numbers, and all other equipment to be
used in connection with the collection or transportation of the source
separated recyclables;
C. Whether
the applicant proposes to collect or transport single recyclables
and, if so, the type or types of source separated single recyclables
proposed to be collected and/or transported;
D. Names
and addresses of customers proposed to be served shall need to be
listed. A signed statement requesting service from such industrial
customer shall accompany the application and be in an approved form.
In the event the licensee desires to serve additional customers other
than those specified in the application for a license, a signed statement
requesting such service shall be obtained from such customer and filed
with the public works director prior to the commencement of such service.
E. No license
shall be issued, nor shall any such license be valid after issuance,
unless there is at all times in force and effect, to provide protection
against liability for damages which may be imposed for the negligence
of the licensee or his employees or agents, a liability insurance
policy or policies approved by the city clerk and issued by an insurance
company authorized to do business in the state.
1. Such
policy or policies shall provide protection against liability of the
licensee for the payment of damages in amounts, at least as follows:
a. In the amount of $500,000 on account of bodily injuries to, or death
of one person,
b. In the amount of one million dollars ($1,000,000.00) against the
total liability of the licensee on account of bodily injuries to,
or death of more than one person as a result of any one accident,
2. A
liability insurance policy shall inure to the benefit of any persons
who shall be injured or who shall sustain damage to property proximately
caused by the negligence of the licensee insured by such policy, his
or her employees or agents,
3. Satisfactory
evidence that the liability insurance required by this section is
at all times in full force and effect shall be furnished to the city
clerk by each licensee required to provide such insurance,
4. The
policy of insurance shall contain a provision against cancellation,
except upon 30 days prior written notice thereof to the city clerk,
5. The
policy shall name the city, its offices and employees as additional
insureds.
(Prior code § 50.51; Ord. 99-172 § 1)
The application for a recycling permit shall be accompanied
by a recycling permit fee as set forth in the schedule of fees adopted
by resolution of the city council.
(Prior code § 50.52; Ord. 99-172 § 1)
A. Within
thirty days after receipt of the application for a recycling permit,
the public works director shall either issue the permit or deny the
application. Any denial of an application for a recycling permit shall
be in writing and shall state the reasons for the denial.
B. Any
recycling permit issued by the public works director shall be subject
to such conditions and requirements as the public works director may
prescribe, including a requirement that the permittee submit periodic
reports on recycling activities to the director.
C. The
public works director shall deny the application for a recycling permit
if the public works director finds:
1. The applicant has not met all of the requirements of Section
8.16.200 and pai
d the permit fee.
2. The
applicant has knowingly made a false statement of fact required to
be revealed in an application for the permit.
3. The
applicant has had a recycling permit revoked within the two years
immediately preceding the date of the application.
4. The
applicant or any of the persons listed in the application has been
convicted of fraud, unfair business practices, or of any violation
of any solid waste handling or disposal law or regulation within the
five years immediately preceding the date of the application.
D. If the public works director denies the application for a recycling permit, the applicant may appeal such denial by filing a written appeal with the public works director pursuant to Section
8.16.250 stating the reasons the applicant believes the director's denial of the application should be reversed.
(Prior code § 50.53; Ord. 99-172 § 1)
A. If a condition of the permit issued pursuant to Section
8.16.220 is that the permittee shall file periodic reports with the city, the permittee shall file such reports on or before the due date specified in the permit.
B. If the
required report is not filed by the due date specified in the permit,
the report shall be deemed delinquent. If the report remains delinquent
for more than 15 days, the permittee shall pay to the city a delinquent
report charge in the amount of $50. If the report remains delinquent
for more than 40 days, the permittee shall pay to the city a delinquent
report charge in the amount of $100. Such delinquent report charge
shall be in addition to any other charges payable by the permittee.
(Prior code § 50.54; Ord. 99-172 § 1)
A. The
public works director or the city council may revoke a recycling permit
issued pursuant to this part upon a finding by the public works director
or the city council, as appropriate, of any of the following:
1. Any condition exists which would be grounds for denial of the permit under Section
8.16.220;
2. The
permittee has violated any condition or requirement of the permit.
B. In any
case where a recycling permit has been revoked, the public works director
shall notify the permittee in writing of the grounds for revocation
and the effective date of the revocation.
(Prior code § 50.55; Ord. 99-172 § 1)
A. If the
public works director or the city council revokes the recycling permit,
the applicant may appeal such revocation by filing a written appeal
with the public works director, stating the reasons the applicant
believes the revocation of the permit should be reversed.
B. The
appeal of the revocation of the recycling permit shall be filed within
10 days of the date of the revocation.
C. Within
10 days of receipt of a timely appeal, the city council shall hold
a hearing on the appeal and shall notify the applicant in writing
of the time and place of the hearing.
D. The
applicant or the applicant's representative may appear at the hearing
and present relevant oral or written evidence in support of the applicant's
appeal.
E. Based
upon the relevant evidence presented to the city council, city council
shall either sustain or reverse the revocation of the recycling permit.
F. The
public works director shall provide written notice of the city council's
decision on appeal to the applicant within 10 days following the close
of the hearing.
(Prior code § 50.56; Ord. 99-172 § 1)
Recycling permits shall be issued for two-year terms beginning
on July 1st and shall be renewable on a two-year basis thereafter.
(Prior code § 50.57; Ord. 99-172 § 1)
A. The
holder of a valid recycling permit issued under this part may have
the permit renewed by the public works director for additional periods
of two years by filing with the public works director an application
for renewal prior to the expiration date of the recycling permit.
B. The
application for renewal shall be accompanied by a permit renewal fee
as set forth in the schedule of fees adopted by resolution of the
city council.
C. If the application for renewal is not filed or the permit renewal fee is not paid within the time specified in subsection
A of this section, the recycling permit shall be deemed invalid as of the expiration date.
(Prior code § 50.58; Ord. 99-172 § 1)
A. This chapter shall not apply to the collection or transportation of source separated single recyclables by a person holding a valid industrial solid waste license issued pursuant to Section
8.16.140.
B. This
chapter shall not apply to the city's contract solid waste hauler
for residential and commercial solid waste.
C. This
chapter shall not apply to the collection or transportation of reusable
materials by a person who provides such materials for reuse without
processing other than sorting and incidental cleaning or minor repair.
(Prior code § 50.59; Ord. 99-172 § 1)
Single-family, multifamily and commercial business generators
shall adhere to the mandatory organic waste disposal reduction and
be subject to the following regulations:
A. Residential and commercial generators must subscribe to a basic level of recycling service that includes at a minimum, the collection of recyclable materials and green waste as stated in Section
8.16.080 of this chapter.
B. Residential
and commercial generators will source separate recyclable materials,
green waste and organic waste from solid waste; using the three bin
system provided by the contractor.
C. The
contractor shall provide educational information to residential and
commercial generators about organic waste recovery requirements and
the proper way to source separate into the three bin system.
D. Commercial
generators must provide adequate instructions to employees, contractors
and volunteers; and post signs containing information on the proper
way to source separate.
E. Contamination
monitoring is primarily done by the contractor. For generators with
a contaminated container, contractor will issue contamination notices;
multiple notices will trigger a more detailed inspection by an auditor
or penalty.
1. If
the contractor first finds a contaminated container, they shall notify
the generator by written notice attached to the contaminated container
and shall provide a copy of the notice to the city.
2. If
the contractor finds a contaminated container a second time, they
shall notify the generator by a written "second notice" attached to
the contaminated container and shall provide a copy of this "second
notice" to the city for possible follow up and enforcement.
3. The
contractor may refuse to empty the container if the contractor finds
a contaminated container a third time. Subject to California Code
of Regulations Title 14, Section 17331, or if determined by the city,
the generator may face potential penalties. If the container is not
emptied, the contractor must leave a tag and send a written notice
to the generator, identifying the incorrect materials and describing
what action must be taken for the materials to be collected; provided,
however, that the contractor may not refuse on this basis to empty
containers from multifamily or commercial properties with multiple
tenants and joint account collection service.
(Ord. 21-427 § 1)
Generators will receive three written "courtesy warning" notices
prior to the enforcement of the first penalty violation listed below:
Residential Generator
|
Commercial Generator
|
---|
1st violation
|
$50.00
|
1st violation
|
$100.00
|
2nd violation
|
$100.00
|
2nd violation
|
$250.00
|
3rd and subsequent violations
|
$250.00
|
3rd and subsequent violations
|
$500.00
|
(Ord. 21-427 § 1)