A.
All unscheduled residential and commercial solid waste handling services shall be provided by a solid waste service provider pursuant to a nonexclusive permit issued by the City that is consistent with the terms and conditions of this chapter and any applicable Federal, State, and local laws and regulations, and any rules, regulations and resolutions of the City.
B.
The nonexclusive permit shall be granted on such terms and conditions as the City shall establish in its sole discretion.
C.
A solid waste service provider authorized to provide regular solid waste services pursuant to this chapter shall be entitled to provide unscheduled solid waste services provided the solid waste service provider complies with all the terms and conditions of this section.
D.
Applicants for a permit to provide unscheduled solid waste handling services shall file with the Public Works Department a verified application in writing on a form furnished by the Public Works Department which shall include the following information:
1.
Full name of applicant;
2.
Permanent home and business address of the applicant;
3.
Trade and firm name;
4.
If a joint venture, partnership or limited partnership, the names of all joint ventures or general partners, their percentage of participation and permanent addresses. If a corporation, the names and permanent business addresses of all the directors and officers, and if a corporation with out-of-the-area headquarters, the name and permanent address of the local manager;
5.
Facts showing applicant has arranged for the recycling of at least 65% of all waste collected. The applicant must also state which solid waste handling facilities will be used for waste collected under this permit;
6.
The location of the authorized solid waste facility;
7.
Facts showing that the applicant owns or has under his or her control, in good mechanical condition, sufficient equipment to adequately conduct unscheduled solid waste handling services. The Director may require additional information to be provided by the applicant as required by this chapter.
E.
Upon receipt of a completed application for a permit to provide unscheduled solid waste handling services, the Director shall determine if the applicant meets all the requirements of this chapter and all applicable State and Federal laws and regulations.
1.
A decision to issue or not to issue the permit shall be made by the Director within 30 days from the receipt of a complete application.
2.
If the Director determines that an applicant for unscheduled solid waste handling services does not meet the requirements of this chapter, or if the Director recommends the suspension, amendment or revocation of a permit pursuant to subsection F of this section, the applicant shall have the right to a hearing before the City. A request for a hearing before the City Council shall be made by the applicant in writing to the City Clerk within 15 calendar days after the period provided in subsection (E)(1) of this section has passed or within 15 days after the date of notification of the proposed suspension, amendment, or revocation. Upon receipt of the written request for a hearing, the City Clerk shall set the matter for a hearing not more than 60 days following the receipt of the written request, and shall give written notice of the time, date, and place of the hearing to the applicant and the Director. At the hearing, the applicant shall have the burden of proof to show that the applicant meets the requirements of this chapter and applicable State and Federal laws and regulations and that a permit for unscheduled solid waste collection should be issued. The City Council shall render its decision in writing within 15 days after the close of the hearing. The decision of the City Council shall be final.
F.
The Director shall notify the solid waste service provider in writing of his or her decision to recommend to the City Council the suspension, amendment, or revocation of a permit. After the hearing in subsection E of this section, any permit may be suspended, amended, or revoked by the Council for cause, including, but not limited to, any or all of the following:
1.
A violation of any term or condition of the permit;
2.
Having obtained the permit by misrepresentation or failing to disclose fully all relevant facts;
3.
A change in any condition that requires either a temporary or permanent modification, reduction, or elimination of the permitted unscheduled solid waste handling service to bring it into compliance with the requirements of this chapter;
4.
A finding that the operations of the solid waste service provider pose a substantial threat to public health or the environment.
G.
A person issued a permit pursuant to this section shall be required to pay a fee in an amount as may be determined by the City. The amount of the fee shall not exceed an amount reasonably necessary to recover the cost of administering this chapter or the cost of enforcing the provisions of this chapter or any rule or regulation promulgated pursuant to this chapter.
H.
The term of a permit to provide unscheduled solid waste handling services shall be for a period up to five years from the date the permit is issued.
I.
Upon the written request by a solid waste service provider prior to the expiration of a permit, such permit may be renewed by the Public Works Director if the Public Works Director finds from the facts that the solid waste service provider has, during the period of the unexpired permit, operated in conformity with the provisions of this chapter, all applicable laws, and the regulations of the Public Works Department, and that the solid waste service provider is capable of continuing operations in conformity with the provisions of this chapter, all applicable laws, and the regulations of the Public Works Department. If the Public Works Director does not renew the permit, the solid waste service provider shall have the right to a hearing pursuant to subsection (E)(2) of this section.
J.
To satisfy the minimum requirement of recycling 50% of all collected waste, the permit holder shall deliver proof of compliance. This proof shall consist of an annual written summary and copies of related tipping fees receipts from the previous calendar year by March 31 of the following year.
K.
The minimum recycling requirement required by this chapter shall not apply to the following:
1.
Any person engaged in the business of landscaping, gardening, or tree trimming;
2.
Any person engaged in the business of removing and disposing of shrubbery, grass, tree trimmings, garage cleanouts, agricultural debris, or other nonputrescible solid waste, provided such persons haul less than 100 tons per month;
3.
Any person engaged in the business of disposing of hazardous or special wastes, authorizing or licensed to engage in such business in the City or State of California;
4.
Any person removing and disposing of shrubbery, grass, tree trimmings, garage cleanouts, agricultural debris, or other solid waste from any residential property owned or occupied by the person;
5.
Any person engaged in farming or agricultural operations which produce agricultural solid waste, or any person engaged in the business of servicing such operations;
6.
Municipalities or public agencies;
7.
A licensed building contractor hauling demolition and construction wastes as an incidental part of a total service offered by that contractor.
L.
A solid waste service provider providing unscheduled solid waste handling services shall comply with the requirements of this chapter at all times during the term of the permit.
(Ord. 13-02 § 2; Ord. 22-01 § 6)