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 edible food generator"
includes a tier one or a tier two commercial edible food generator as defined in this section.
"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.
"Edible food"
means food intended for human consumption.
"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:
1. 
A food bank;
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 customer"
means a customer receiving industrial solid waste collection service.
"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 one commercial edible food generator"
means a commercial edible food generator that is one or more of the following:
1. 
Supermarket.
2. 
Grocery store with a total facility size equal to or greater than 10,000 square feet.
3. 
Food service provider.
4. 
Food distributor.
5. 
Wholesale food vendor.
"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.
4. 
Large venue.
5. 
Large event.
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.
"Transformation"
shall be as defined in California Public Resources Code Section 40201, as may be amended from time to time, which is incorporated herein by reference.
"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)
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 paid 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)
A. 
Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.
B. 
Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. 
Commercial edible food generators shall comply with the following requirements:
1. 
Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. 
Contract or enter into a written agreement with food recovery organizations or food recovery service for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. 
Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. 
Allow the San Joaquin County Environmental Health Department, or the city's designated enforcement entity or designated third party enforcement entity to access the premises and review records.
5. 
Keep records that include the following information:
a. 
A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement.
b. 
A copy of all contracts or written agreements.
c. 
A record of the following information for each of those food recovery services or food recovery organizations:
1. 
The name, address, and contact information of the food recovery service or food recovery organization.
2. 
The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
3. 
The established frequency that food will be collected or self-hauled.
4. 
The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
D. 
The city may adopt a fee by resolution to charge commercial edible food generators for the San Joaquin County Environmental Health Department's time to implement inspection, record keeping, and enforcement provisions for commercial edible food generators.
E. 
Requirements for Food Recovery Organizations and Services.
1. 
Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement shall maintain the following records:
a. 
The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
b. 
The quantity in pounds of edible food collected from each commercial edible food generator per month.
c. 
The quantity in pounds of edible food transported to each food recovery organization per month.
d. 
The name, address, and contact information for each food recovery organization for which the food recovery service transports edible food for food recovery.
2. 
Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement shall maintain the following records:
a. 
The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
b. 
The quantity in pounds of edible food received from each commercial edible food generator per month.
c. 
The name, address, and contact information for each food recovery service from which the organization receives edible food for food recovery.
F. 
Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food shall report to the city it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with no later than March 1, July 1, and September 1 annually.
G. 
In order to support edible food recovery capacity planning assessments or other studies, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.
H. 
The city may adopt a fee by resolution to charge food recovery services and food recovery organizations operating in the city for the San Joaquin County Environmental Health Department's time to implement inspection, record keeping, and enforcement provisions for food recovery services and food recovery organizations operating in the city.
I. 
The city or its designee may, from time to time, inspect all premises within the city to determine compliance with and to enforce the provisions of this chapter.
J. 
City representatives and/or its designees are authorized to conduct inspections and investigations, commercial edible food generators, food recovery services, and food recovery organizations, subject to applicable laws.
K. 
The regulated entity shall provide or arrange for access during all inspections and shall cooperate with the city's employee or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of edible food recovery activities, records, or any other requirement described herein.
L. 
City representative, and/or its designees are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
M. 
Beginning January 1, 2022 and through December 31, 2023, the city or its designee will conduct inspections and compliance reviews, to determine compliance with the SB 1383 regulations, and if the city determines that a tier one commercial edible food generator, food recovery organization, food recovery service, or other generator is not in compliance, it shall provide educational materials describing its obligations under this chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to penalties starting on January 1, 2024.
(Ord. 22-435 § 1)