HomeMy WebLinkAboutORD 394 2010 1117ORDINANCE NO. 394
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA AMENDING AND RESTATING
IN ITS ENTIRETY CHAPTER 8.36 OF TITLE 8 OF THE
MOORPARK MUNICIPAL CODE RELATIVE TO SOLID
WASTE
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.36, Solid Waste, of Title 8, Health and Safety, of the
Moorpark Municipal Code is hereby amended and restated in its entirety to read shown in
Exhibit A.
SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of
this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 3. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall, within fifteen (15) days after
the passage and adoption thereof, cause the same to be published once in the Moorpark
Star a newspaper of general circulation, as defined in Section 6008 of the Government
Code, for the City of Moorpark, and which is hereby designated for that purpose.
PASSED AND ADOPTED this 17th day of November, 2010.
ATTEST:
Maureen Benson, City Clerk
Exhibit A: Chapter 8.36 Solid Waste
(Jani e S. Parvin, Mayor
Ordinance No. 394
Page 2
EXHIBIT A
"Chapter 8.36
SOLID WASTE
Sections:
Article I. General Regulations
8.36.000
Purpose.
8.36.010
Definitions.
8.36.020
Origin, storage, and ownership of solid waste.
8.36.030
Provisions of service.
8.36.035
Persons authorized to collect and transport solid waste.
8.36.040
Collection arrangements required.
8.36.045
Exemption from collection requirements.
8.36.050
Final determination of service levels and pickup locations by City.
8.36.070
Placement of containers and bulky items.
8.36.075
Recyclable materials and recyclable solid waste collection.
8.36.080
Green waste collection.
8.36.085
Composting.
Article II. Unauthorized Containers
8.36.220
Placement of unauthorized containers — prohibited.
8.36.230
Removal of unauthorized containers.
8.36.320
Solid waste franchise requirements.
8.36.325
Contents of franchise.
8.36.330
Fees.
8.36.340
Revocation, suspension, or termination of solid waste franchises.
8.36.345
Restrictions on transfer of solid waste franchises.
8.36.350
Collection rates.
8.36.355
Liability for collection charges and fees.
8.36.360
Collection equipment.
8.36.365
Clean up of solid waste spills.
8.36.370
Frequency and hours of collection.
8.36.380
Special collection.
8.36.385
Franchisee remedies.
8.36.390
City right of provision modification.
Article IV: Unlawful and Prohibited Acts
8.36.420
Unlawful collection.
8.36.425
Use of containers required.
8.36.430
Removal of solid waste containers.
8.36.435
Collection of solid waste - disposal.
8.36.440
Use of container of another.
8.36.445
Use of civic solid waste containers.
8.36.450
Burning of solid waste.
Ordinance No. 394
Page 3
8.36.460
Dumping of solid waste prohibited.
8.36.470
Commingling of green waste with other forms of waste prohibited.
8.36.480
Scavenging.
8.36.490
Public nuisance.
Article V. Large Event and Large Venue Waste Management
8.36.500
Purpose.
8.36.510
Application of section to large events and large venues.
8.36.520
Waste management plan requirements.
8.36.530
Review of waste management plan.
8.36.540
Waste management compliance reporting.
8.36.550
Actions by the city.
8.36.560
Penalties.
Article VI. Construction
and Demolition Materials Management
8.36.600
Purpose.
8.36.620
Covered projects.
8.36.625
Exempt projects.
8.36.630
City sponsored projects.
8.36.635
Compliance as a condition of approval.
8.36.640
Construction and demolition materials management plan (C &DMMP).
8.36.645
Calculating volume and weight of material.
8.36.650
Deconstruction.
8.36.655
C &DMMP diversion security deposits.
8.36.660
C &DMMP review approval.
8.36.665
C &DMMP review denial.
8.36.670
Application for refund and return of diversion security deposits.
8.36.675
Documentation of construction and demolition material diversion.
8.36.680
Determination of compliance and release of diversion security deposit.
8.36.685
C &DMMP exemptions.
8.36.690
Appeals.
8.36.695
Enforcement.
Article VII: Self - Haulers
8.36.720
Self -haul exemption.
8.36.730
Self -haul disposal at authorized sites.
8.36.740
Self -haul reporting requirements.
8.36.750
Licensed contractors.
Article VIII: Enforcement
8.36.820
Enforcement.
8.36.830
Enforcement by designees.
8.36.850
Violations punishable.
Ordinance No. 394
Page 4
Article I. General Regulations
8.36.000 Purpose.
The purpose of this chapter is to provide a uniform procedure, regulation and
control for the collection and transportation of solid waste, discards, and recyclable
commodities to a city designated disposal site, and to provide for the regulation and
control of the collection and diversion of solid waste from disposal at landfills through
recycling, composting, or transformation of recyclables, and related provisions, in order
to protect the public peace, health, safety, and general welfare of the people of the city.
The city has determined that storage, accumulation, collection and disposal of solid
waste, as well as recyclable material, is a matter of public concern in that improper
control of such matters creates a public nuisance, which may lead to air pollution, fire
hazards, illegal dumping, vector breeding and infestation, and other problems affecting
the health, safety and general welfare, of the residents of the city. Chapter 8.36 "Solid
Waste" is enacted in order to protect public health, safety and well- being, to control the
spread of vectors and to limit sources of air pollution, noise, and traffic within the city, and
pursuant to the authority of Article XI, § 7 of the California Constitution, and the Public
Resources Code, Title VIII, as they may be amended from time to time.
8.36.010 Definitions.
For the purposes of this chapter the following words and phrases shall have the
meanings respectively defined as follows, unless it is apparent from the context that a
different meaning is intended. Words and phrases not defined by this section shall have
the meaning defined in Division 30, Part 1, Chapter 2 of the Public Resources Code, §§
40000, et seq., and the regulations of the State of California, if defined therein, and if not,
to the definitions found in the Resource Conservation and Recovery Act ( "RCRA "), 42
U.S.C. §§ 6901, et seq. and the regulations implementing RCRA, as they may be
amended from time to time. If the word is not defined within this chapter, the word shall be
as defined elsewhere in the Moorpark Municipal Code; if the word is not defined in the
Moorpark Municipal Code the word shall be used as defined in Webster's Unabridged
Dictionary, latest edition, most appropriate context.
"AB 939" or "Act" means the California Integrated Waste Management Act of 1989,
(sometimes referred to as "AB 939 "), codified in part at Public Resources Code, §§ 40000
et seq. as they may be amended from time to time.
"Adequate Service" means the combination of the number of collections, number of
containers, and the size of containers necessary so as not to cause the accumulation of
solid waste to a level that exceeds the lowest top edge of the container and disallows the
container lid to completely shut or causes the accumulation of solid waste outside of
collection containers.
"Administrative Authority" means the city manager or person designated by the city
manager to administer the provisions of this chapter.
"Agreement" means the franchise agreement between the city and franchisee for
the collection, recycling, processing and disposal of solid waste and construction and
demolition material from residential and commercial premises in the city.
Ordinance No. 394
Page 5
"Applicant" means any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality, industry, public or
private corporation, or any other entity whatsoever who applies to the city for a permit,
as defined in this chapter, and who is, therefore, responsible for meeting the
requirements of this chapter.
"Basic Level of Service" means, with respect to residential collection service, one
collection of each residential solid waste container per week or that level of collection and
disposal service necessary to provide for the collection of solid waste generated weekly by
each single family residence as specified in the franchise agreement. Basic level of
service means, with respect to commercial collection service, that level of collection and
disposal service necessary to provide adequate service.
"Bulky Waste" or "Bulky Goods" means solid waste that cannot and /or would not
typically be accommodated within a residential solid waste container including, but not
limited to, large and small household appliances, furniture, carpets, mattresses, white
goods, tires, oversized yard waste such as tree trunks and large branches if no larger than
two feet (2') in diameter and four feet (4') in length, and that the bulky goods do not exceed
size or weight that can be moved by two persons and are discarded from residential
premises in the city which a solid waste collector has agreed to collect.
"C &D" means construction and demolition.
"C &D Materials Management Plan" (C &DMMP) means a completed construction
and demolition materials management plan form, approved by the city for the purpose
of compliance with this chapter, submitted by the applicant for any covered project.
"Charges" means the monetary amount permitted to be collected for solid waste
collection, related services, and equipment rental and temporary bin service by a
franchisee under a residential franchise or commercial franchise under this chapter.
"City" means the city of Moorpark, California, a municipal corporation.
"City Manager" means a person having that title in the employ of the city.
"City- sponsored Project" means a project constructed by the city or a project
receiving fifty percent or more of its financing from the city.
"Civic Solid Waste Containers" means city -owned receptacles located in public
areas for disposal of solid waste generated by the public.
"Code" means the city of Moorpark Municipal Code.
"Collection" means the act of collecting solid waste at or near the place of
generation or accumulation, by a solid waste collector which has made arrangements with
the person in charge of day -to -day activities or operations of the premises for the collection
of solid waste.
"Collector" means, depending upon the context in which used, either the city,
another local agency, or an authorized franchisee, permittee, or licensee who collects solid
waste.
,'Commercial Bin" means a bin provided by a franchisee, between one and one haft
(1.5) and forty (40) cubic yards in capacity, designed for the ongoing accumulation and
collection of solid waste, and placed by a franchisee at a commercial premises.
"Commercial Premises" means all lots or portions of a lot in any zone of the city,
other than residential premises (as identified in this chapter). The term "Commercial
Premises" is a reference to location, zoning, and use, and not to ownership.
Ordinance No. 394
Page 6
"Commercial Solid Waste" means all types of solid waste, including green waste
and recyclable solid waste, generated or accumulated at commercial premises and placed
in commercial bins.
"Composting" means the controlled and monitored process of converting organic
waste into compost by decomposition.
"Construction" means the building of any facility or structure or any portion
thereof including any tenant improvements to an existing facility or structure.
"Construction and Demolition Material" (C &D material) means the excess or
discarded materials, which are removed from a site during or after the construction,
renovation, remodeling, repair, deconstruction or demolition of any premise, structure,
fence, wall, or paving project or from landscaping.
"Construction and Demolition Diversion Security Deposit" or "Diversion Security
Deposit" means cash or a letter of credit in a form acceptable to the city manager,
submitted to the city pursuant to Section 8.36.655 of this chapter.
"Construction and Demolition Facility" means any city authorized solid waste
disposal facility with the specific ability to accept and recycle or divert C &D material.
"Container" means all collection containers provided by or accepted by the
franchisee and approved by the city manager for collection of solid waste, recyclable solid
waste, green waste, and C &D material from residential premises and commercial
premises.
"Conversion Rate" means the rate set forth in the standardized conversion rate
table approved by the city pursuant to this chapter for use in estimating the volume or
weight of C &D material, approved by the state.
"Covered Project" means any project for which a city building permit is required
that consists of demolition work regardless of cost, or any new construction project
valued over $500,000 or any renovation /tenant improvement project valued over
$100,000, and all city sponsored demolition, construction, or renovation projects
regardless of cost.
"Deconstruction" means the careful disassembling of facilities, buildings or
structures, whether in whole or in part, whether interior or exterior, in order to salvage
as much material as possible.
"Demolition" means the decimating, razing, ruining, tearing down or wrecking of
any facility, structure, wall, fence, pavement or building, whether in whole or in part,
whether interior or exterior.
"Disposal" means the management of refuse through landfill deposit or
transformation at solid waste facilities permitted under applicable law.
"Diversion Requirement" means the diversion of at least sixty -five percent (65 %)
of the total construction and demolition material generated by a covered project,
including inert waste and that construction and demolition material is removed from the
solid waste stream and not disposed of in a solid waste landfill, unless the applicant has
been granted an exemption pursuant to Section 8.36.685, in which case the diversion
requirement shall be the maximum feasible diversion rate established by the
administrative authority in relation to the project.
Ordinance No. 394
Page 7
"Divert" or "Diversion" means activities which reduce or eliminate the amount of
solid waste material disposed of in a landfill or transformation facility. See Public
Resources Code Section 40124 as it may be amended from time to time.
"Electronic Waste" see "Universal Waste ".
"Franchise" means the right and privilege granted by the city: (1) to make
arrangements for the collection of and to collect solid waste, (2) to transport solid waste to
landfills, transformation facilities, compostable materials facilities, green waste facilities, as
defined in Title 14 California Code of Regulations Section 17852, as it may be amended
from time to time, or other licensed solid waste management facilities, and /or (3) to
process and recycle solid waste collected within the city.
"Franchise, Commercial" means a franchise issued under this chapter that grants to
a franchisee the exclusive right to collect and transport on a regular, recurring basis solid
waste from commercial premises.
"Franchise Fee" means the fee or assessment imposed by the city on a solid waste
enterprise which holds a solid waste franchise.
"Franchise, Residential" means a franchise issued under this chapter which grants
to franchisee the exclusive right to collect and transport solid waste from residential
premises.
"Franchisee" means a solid waste collector designated as a franchisee pursuant to
a commercial franchise or residential franchise by the city council authorizing the solid
waste collector to provide solid waste services within the city.
"Generator" means any person or other entity which produces solid waste.
"Green Waste" (sometimes referred to as yard waste or yard trimmings) means a
form of solid waste composed of leaves, grass clippings, brush, branches and other
forms of organic matter generated from landscapes and gardens, separated from other
forms of solid waste, and scrap lumber. "Green Waste" also includes holiday trees
including, but not limited to, un- flocked, bare holiday trees and bushes. "Green Waste"
does not include stumps or branches exceeding six inches (6 ") in diameter or four feet
(4') in length or scrap lumber which does not fit into a green waste container, nor does it
include highly invasive plant material such as yucca, cactus, bamboo; palm fronds;
succulents; treated or painted lumber; and other materials that are not suitable for
composting.
"Hazardous Waste" means any waste materials or mixture of wastes defined as a
"Hazardous Substance" or "Hazardous Waste" pursuant to the Resource Conservation
and Recovery Act ( "RCRA "), 42 U.S.C. §§ 6901 et seq., the Comprehensive
Environmental Response, Compensation and Liability Act ( "CERCLA "), 42 U.S.C. §§ 9601
et seq., or the Carpenter - Presley- Tanner Hazardous Substance Account Act, ( "HSAA" ),
California Health and Safety Code §§ 25300, et seq., as they may be amended from time
to time, or as defined by the state. If there is conflict in the definitions employed by two or
more agencies having jurisdiction over hazardous waste or solid waste, the term
"Hazardous Waste" will be construed to have the broader, more encompassing definition.
"Industrial Waste" means solid, semi - solid, liquid or gaseous, unwanted or residual
materials, not including hazardous or biodegradable waste, from an industrial operation
including wastes produced in large quantities from factories, industrial plants, and mining
operations.
Ordinance No. 394
Page 8
"Impound" or "Impoundment' means the removal and storage of a container, bin,
drop -off box or any other receptacle.
"Inert Waste" shall have the meaning ascribed by Public Resources Code
Section 41821.3(a)(1), as it may be amended from time to time.
"Integrated Waste Management Services" means managing waste by multiple
techniques to achieve solid waste and resource conservation goals. The techniques
may include, but are not limited to, waste reduction, reuse, recycling, composting,
transformation, disposal to landfills, and other means.
"Large Event" means any event that charges an admission price, or is operated
by a local agency, or for which an applicant seeks temporary or periodic use or
occupancy in or on a public street, publicly owned site or facility or public park within the
city for a civic, commercial, recreational or social event attended by more than two
thousand (2,000) persons, including workers, per day of operation.
"Large Venue" means a facility that annually seats or serves an average of more
than two thousand (2,000) individuals per day of operation, including workers, such as,
but not limited to, convention centers, community centers, golf clubs, amusement parks,
recreational parks, theaters and concert halls located within the city and any other
facility or place that is a "Venue Facility" for purposes of Public Resources Code Section
42648, as it may be amended from time to time. For purposes of this chapter, a site
under common ownership or control that includes more than one large venue that is
contiguous with other large venues in the site is a single large venue.
"Liquid Waste" means liquid material, including but not limited to, oil, harmful
solvents, antifreeze, and paints, as well as liquid that may reside in solid waste or
green waste and seep from said material.
"Medical Waste" means waste capable of producing an infection or pertaining or
characterized by the presence of pathogens, includes but is not limited to syringes,
needles, lancets, vials, soiled medical clothing or sheets.
"NPDES" means National Pollutant Discharge Elimination System Permit currently
active and in effect in the city.
"Permittee" means a person or an entity that is issued a self -haul exemption
permit under this chapter.
"Post- consumer Material" as defined in Public Contract Code Section 12200(b),
as it may be amended from time to time, means a finished material which would have
been disposed of as a solid waste, having completed its life cycle as a consumer item,
and does not include manufacturing wastes. Post - consumer material is generally any
product that was bought by the consumer, used, and then recycled into another product.
"Processing" means the reduction, separation, recovery, conversion or recycling of
solid waste.
"Project' means any activity for which a building, demolition, grading or other
similar permit is required. See also "Covered Project', above.
"Recyclable Material" means an item, or items, that has commercial value and that
is sold for compensation or donated to an entity other than a solid waste collector.
Recyclable materials are commodities and therefore not part of the waste stream.
Recyclable materials lose their character as recyclable materials upon being disposed of in
the waste stream, thereby becoming solid waste subject to this chapter.
Ordinance No. 394
Page 9
"Recyclable Solid Waste" means a form of solid waste designated as a recyclable
solid waste by the city, the state, or any other agency with jurisdiction and which has been
separated by a solid waste service recipient from non - recyclable solid waste.
"Recycling" means the process of collecting, sorting, cleansing, treating and
reconstituting or otherwise processing materials that would otherwise be disposed of as
solid waste, and returning them to economic mainstream in the form of raw material for
new, reused or reconstituted products which meet the quality standards necessary to be
used in the marketplace.
"Refuse" see "Solid Waste ".
"Renovation" means any change, addition or modification in an existing structure
that requires a building permit or demolition permit but does not include a project limited
to interior plumbing work, electrical work, or mechanical work.
"Residential Premises" means all lots or parcels in the city designed or zoned for
residential purposes, excluding premises with multi - family structures of five (5) or more
units.
"Residential Solid Waste" means all types of solid waste, including green waste and
recyclable materials, generated or accumulated at residential premises and placed in
residential containers for accumulation and collection.
"Reuse" means further or repeated use of C &D materials, inert waste, or other
solid waste therefore diverting the material from disposal in a landfill. Reuse includes
the use, in the same or similar form as it was produced, of a material that might
otherwise be discarded.
"Salvage" means the controlled removal of C &D material from a permitted
construction or demolition site for the purposes of recycling, reuse, or temporary storage
for later recycling or reuse.
"Solid Waste" means all putrescible and non - putrescible solid, and semisolid
wastes, including but not limited to garbage, trash, refuse, paper, rubbish, ash, C &D
material, discarded home and industrial appliances, manure, vegetable or animal solid or
semi -solid wastes, and other discarded solid or semi -solid wastes, and has the meaning
ascribed to it by the California Public Resources Code §§ 40000, et.seq., as they may be
amended from time to time. Recyclable material is considered solid waste for purposes of
this chapter if it is disposed of in the solid waste stream and not separated out as
recyclable material. The term "Refuse" shall be synonymous with the term "Solid Waste" in
this chapter.
"Special Waste" means, but is not limited to, flammable waste; containerized
waste (e.g., a drum, barrel, portable tank, box, pail, etc.); waste transported in a bulk
tanker; liquid waste; sewage sludge; waste from a pollution control process; residue and
debris from the cleanup of a spill or release of chemical substances, or commercial
products; contaminated soil, waste, residue, debris, and articles from the cleanup of a
site or facility formerly used for generation, storage, treatment, recycling or reclamation;
dead animals; wastewater; explosive substances; radioactive materials; materials which
have been exposed to highly infectious or contagious diseases; hazardous materials;
and hazardous waste.
"State" means State of California.
Ordinance No. 394
Page 10
"Temporary Bin" means a collection container of no less than one and one -half
(1.5) cubic yards in capacity and no greater than forty (40) cubic yards in capacity
provided by or accepted by a franchisee, licensee or permittee and approved by the city
for temporary collection of solid waste, recyclable solid waste, green waste, and C &D
material from residential premises and commercial premises.
"Transformation" means incineration, pyrolysis, distillation, gasification, or biological
conversion other than composting.
"Universal Waste" means universal waste electronic devices (UWEDs), cathode
ray tubes (CRTs) and other universal wastes as defined by the California Department of
Toxic Substances Control or a successor agency, including but not limited to non -empty
aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps,
and any other lamp exhibiting a characteristic of a hazardous waste, batteries, mercury
thermometers, and mercury containing switches.
"Waste Management Plan" means a plan for reducing and managing waste for a
large event or large venue, submitted to the administrative authority for review in
compliance with this chapter.
"White Goods" means discarded household appliances that have been
historically, but may or may not be, enameled, such as refrigerators, freezers, stoves,
washer /dryers, dishwashers, water heaters, and other similar items.
8.36.020 Origin, storage, and ownership of solid waste.
A. No person may store, accumulate, or maintain any solid waste on any
commercial or residential premises, unless such solid waste was generated by a lawful
use located on such premises. The storage and accumulation of solid waste on any
premises permitted under this code may be temporary only, and only at such locations
as are permitted by this code. Except as expressly provided in this chapter, solid waste
must be stored in a container in accordance with this chapter, must be kept free of all
hazardous materials and special wastes, and must be placed for collection at the next
regularly scheduled collection date for the premises, following the generation and
accumulation of such solid waste or otherwise removed lawfully from the premises prior
to the next regularly scheduled collection date for the premises.
B. No person may place, or cause to be placed, solid waste in any container
located on any sidewalk, street, roadway, alley or driveway or upon any commercial or
residential premises, whether public or private other than real property owned or leased
by such person nor set out or cause to be set out for collection any solid waste other
than solid waste originating on their commercial or residential premises.
C. No person shall accumulate keep or deposit any solid waste in such a
manner that a public nuisance is created, including, but not limited to, allowing flies,
mosquitoes, rodents, or any other vectors to breed or inhabit therein.
D. Upon placement of solid waste from a residential premises at a designated
collection location, or placement of solid waste from a commercial premises in a container
provided by an authorized franchise or solid waste collector for collection of solid waste,
the solid waste becomes the property of the solid waste collector.
Ordinance No. 394
Page 11
8.36.030 Provisions of service.
In order to protect public health, safety and well- being, to control the spread of
vectors, and to limit sources of air pollution, noise and traffic within the city and pursuant to
California Public Resource Code 40059, as it may be amended from time to time, or any
successor provision or provisions thereto, the city shall have, and hereby retains, the
authority to issue permits or licenses or enter into agreements, including exclusive permits
and agreements, for solid waste collection services as provided by this chapter and with
the terms and conditions imposed by the city council. The city council may grant one or
more exclusive solid waste franchises to one or more solid waste enterprises to make
arrangements with the persons in charge of day -to -day activities or operations at
commercial and residential premises in the city for the collection, transfer, recycling,
composting and disposal of solid waste within and throughout the city.
A. Manner, time and frequency of collection. A solid waste enterprise which
arranges for the collection of solid wastes shall make arrangements with its customers
specifying the manner in which integrated waste management services are to be provided,
subject to the terms of its solid waste franchise, as well as to the city's exercise of its police
powers to protect public health, safety and well -being and to limit the spread of vectors
and limit sources of noise and air pollution within the city by prohibiting the collection of
solid waste between certain hours and on certain holidays.
B. Categories. In order to carry out its duties to plan for the management of
vehicular traffic and mitigate adverse air quality effects, the city council may determine
solid waste management collection categories, including but not limited to, e.g., residential,
multifamily residential, commercial, industrial, C &D, temporary bin and roll -off box, special
event, large event, electronic waste, universal waste, medical waste, and household
hazardous waste, recyclable material, green waste, and others and may make or impose
solid waste franchise, license, contract or permit requirements which vary for such
categories.
C. The city shall have the ability to provide for or furnish integrated waste
management services relating to collection, transfer, processing and disposal of solid
waste including but not limited to discards, C &D material, recyclable material, green waste
and hazardous waste within and throughout the city. Such services may be furnished by
any one of or any combination of the following (1) city officers and employees, (2)
contractors franchised, permitted or licensed by the city, or (3) agreement with another
local agency.
8.36.035 Persons authorized to collect and transport solid waste.
A. Except as expressly provided in subsection B of this section, no person(s)
may collect or transport solid waste, recyclable material or green waste from any location
within the city unless such person(s) is an authorized, franchised, licensed or permitted
solid waste collector or has a self -haul exemption permit from the city. It is unlawful for
any person(s) to permit or enter into any agreement for the collection or transportation of
solid waste or green waste with any person who is not a franchised, licensed, or permitted
solid waste collector.
B. The collection and transportation of the following types of solid waste under
the circumstances indicated are exempt from the provisions of subsection A of this section.
Ordinance No. 394
Page 12
1. C &D material removed from the premises by a licensed contractor
with a valid Moorpark business registration and any necessary permits, using their own
employees and proper equipment as an incidental part of a total service provided by said
contractor and abiding by Article VII of the Moorpark Municipal Code.
2. Green waste generated by an agricultural use on a lot where such
use is permitted pursuant to applicable provisions of the Moorpark Municipal Code.
3. Hazardous waste or medical waste.
4. Recyclable materials generated on a commercial or residential
premises that are separated or caused to be separated from solid waste by the
responsible person for such premise, and sold or donated by said person.
5. Solid waste removed by a city officer, employee, or agent in the
course of official duty.
6. Waste that is the by- product of sewage treatment.
7. Green waste removed from the premises by gardening, landscaping,
or tree trimming licensed enterprise with a valid Moorpark business registration and any
necessary permits performing work within the scope of performed work permitted by their
license.
C. All solid waste collected in the city under subsection B of this section must
be transported to a materials handling, recovery, transfer, or disposal facility, or other site
permitted by the state in accordance with all applicable laws and regulations or reused.
8.36.040 Collection arrangements required.
In order to protect the public health, safety, and well -being and to prevent the
spread of vectors, the person responsible for the day -to -day activities or operations of
each residential premises and each commercial premises within the city at which solid
waste is generated or accumulated shall either make arrangements with a solid waste
enterprise for the collection of solid waste, as set forth in this chapter, or obtain an
exemption or self -haul permit from the administrative authority, as provided for in Section
8.36.045, below, and then to implement measures to reach the diversion and other goals
mandated by the California Integrated Waste Management Act of 1989, as it may be
amended from time to time. If the administrative authority determines that the person in
charge of day - to-day activities or operations at any residential or commercial premises has
failed to subscribe for collection service as required by this chapter, a written notice may
be sent informing the violation and requirements of this chapter. If the person responsible
for day -to -day activities or operations does not subscribe to service within seventy-two (72)
hours of the notice, or obtain an exemption per Section 8.36.045, the person is in violation
of this chapter.
8.36.045 Exemption from collection requirements.
The person responsible for day -to -day activities or operations at each premise may
apply to the city for an exemption from subscribing to solid waste collection service
pursuant to this chapter. This person would be required to obtain a solid waste self -haul
permit per Article VII, and if approved for an exemption, is required to submit reports to the
administrative authority identifying the disposition of all generated solid waste, by amount
and location, demonstrating that a minimum of fifty percent (50 %) of the solid waste
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generated was diverted from landfill disposal, and demonstrating that all material was
handled in accordance with applicable law.
8.36.050 Final determination of service levels and pickup locations by City.
The administrative authority may make the final determination as to where
containers shall be located for collection and storage, and the proper service level,
including number and size of containers and frequency of solid waste collection. Prior to,
or absent alternative direction from the administrative authority, customers and solid waste
enterprises may select service levels and container locations.
8.36.060 Containers.
A. Each collector must provide and maintain containers for the temporary
storage and disposal of solid waste for both commercial and residential customers of
the collector pursuant to the terms this chapter and any franchise.
B. Containers must be constructed of metal, plastic, or other material
approved by the city manager and residential containers must possess a fire resistant
lid, which shall be utilized at all times. All bins must be rented or purchased by the
person responsible for day -to -day activities or operations at each commercial and
residential premise from collector.
C. Containers must be capable of holding without spilling, leaking or emitting
excessive odors, all solid waste which would ordinarily accumulate on the premise
between successive collections. The size of containers must be consistent with city
regulations or the provisions of the applicable franchise agreement.
D. The person responsible for day -to -day activities or operations for each
commercial and residential premise must maintain solid waste containers in a clean,
safe and sanitary condition.
8.36.070 Placement of containers and bulky items.
A. No person may place or cause to be placed for collection solid waste or
any container containing solid waste or any bulky Item, at any place or in any manner
other than specified in this chapter or franchise agreement.
B. Any container or bulky Item permitted to be placed for collection adjacent
to a street must be placed behind but as close to the curbline or the street right -of -way
line as practicable. Any such container or solid waste permitted to be placed for
collection adjacent to an alley must be placed on the premise as close to the property
line as practicable.
C. No person may place a container or bulky item adjacent to a street, alley,
or public right -of -way before five -thirty (5:30) p.m. on the day before the collection day
set by the collector. All containers and bulky items permitted to be placed for collection
must be placed in a proper collection location before seven (7:00) a.m. on the day of
collection.
D. After the collection of solid waste, each container must be promptly
removed no later than ten (10:00) p.m. on the day of collection and returned to a
location on the premise where the container cannot be viewed from the street and that
Ordinance No. 394
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is screened from public view. No container shall be stored on a premise side yard that
abuts any public street or in any premise front yard.
E. No container shall be placed on any public right -of -way other than on
collection days without an encroachment permit having been obtained from the city
pursuant to the code.
8.36.075 Recyclable materials and recyclable solid waste collection.
A. Upon placement of recyclable materials and /or recyclable solid waste from a
residential premises at a designated collection location, or placement of recyclable
materials and /or recyclable solid waste in a container provided by a solid waste collector
for collection of recyclable materials and /or solid waste at a commercial premises, the
recyclable materials become the property of the solid waste collector by operation of state
law. See Public Resources Code Section 41950(c) as it may be amended from time to
time.
B. The recycling or disposal of any recyclable material which has become part
of the solid waste stream by having been discarded shall be in accordance with the
provisions of this chapter.
C. Except as provided below, nothing in this chapter shall limit the right of any
person responsible for the day -to -day activities or operations at all premises, to sell
recyclable material owned by that person, or to donate recyclable material to a charity or
any other entity other than a collector.
D. If the person responsible for day -to -day activities or operations sells or
donates recyclable material pays the buyer or the donee any consideration for collecting,
processing, recycling, transporting, or disposing of the recyclable material, the transaction
shall not be regarded as a sale or donation of recyclable material, but as an arrangement
for the disposal of solid waste and shall be subject to this chapter.
8.36.080 Green waste collection.
Green waste shall be cut into pieces not to exceed four (4') feet in length and six
(6 ") inches in diameter before being placed out for collection in a container. Green waste
shall be placed in containers designated for the collection of green waste. Green waste
shall not be contaminated with other forms of solid waste or hazardous waste. No person
shall mix green waste with other forms of solid waste, nor contaminate green waste with
any other substance, unless specifically permitted by the city or a solid waste franchisee.
8.36.085 Composting.
The provisions of this chapter do not prohibit an individual or entity from composting
green waste material as long as the compost pile, compost bin, or compost container is
not visible from the street and conforms to applicable zoning and state regulations.
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Article II. Unauthorized Containers
8.36.220 Placement of unauthorized containers — prohibited.
No person other than an authorized solid waste collector shall place an
unauthorized container for the accumulation of solid waste on any public right -of -way or at
any premises within the city or collect any solid waste from any premises or permit or
suffer a solid waste container to remain in any place within the city that has not been
placed by an authorized solid waste collector. Each day any person other than an
authorized solid waste collector shall collect any solid waste from any premises or place
an unauthorized container for the accumulation of solid waste at any premises within the
city, or permit or suffer a solid waste container that is unauthorized to remain in any place
within the city shall constitute a separate offense and shall be a nuisance and shall be
subject to removal pursuant to the process identif ied below and enforcement as stipulated
in the code.
8.36.230 Removal of unauthorized containers.
A. The administrative authority may cause the posting of a notice to remove,
as described below, to be affixed in a conspicuous place on any unauthorized container
placed on any public right -of -way or public or private property within the city, and on
private property upon receiving permission from the person in charge of day -to -day
activities or operations of the premises or the property owner, in violation of this chapter
in accordance with any applicable law. The notice to remove posted pursuant to this
subsection shall specify the nature of the violation and shall state that the unauthorized
container must be removed within twenty -four (24) hours or by a specific date and time
as determined by the administrative authority on a case by case basis or it may be
impounded and held by the city franchise solid waste collector responsible for the public
or private property location where the container was caused to be placed, and the
contents disposed of, at the expense of the owner thereof. The posting of a notice to
remove shall constitute constructive notice to the owner and user of the requirement to
remove the unauthorized container.
B. If the unauthorized container is not removed within twenty -four (24) hours
after the notice to remove is posted or by the date and time specified on the notice, the
administrative authority may direct the impoundment and storage of the unauthorized
container and its contents if they contain solid waste. The administrative authority may
direct the lawful disposal of an unauthorized container's contents by the city franchisee,
or any other qualified party as directed by the administrative authority, if the contents
consist of putrescible matter, medical waste, or hazardous waste. The contents shall be
deemed to consist of solid waste, whether or not some or all of the contents are
potentially recyclable. In all cases where the owner of the unauthorized container,
whether acting alone or in concert with others, including any affiliate, agent, broker or
subcontractor, has solicited, accepted or arranged for, directly or indirectly, the payment
of a fee or other consideration in any form or amount from the customer in exchange for
rendering all or any aspect of the service for which the container was supplied, the
owner of the container shall reimburse the city franchisee for the actual cost of
impoundment, storage and disposal of the contents of the container. All amounts due to
Ordinance No. 394
Page 16
the city franchisee for the cost of impoundment and disposal must be paid before the
container may be returned to the owner. Such amounts shall constitute a civil debt owed
by the owner to the city franchisee, and the owner shall be liable to the city franchisee in
an action brought by the city franchisee for the recovery of such amounts. If the identity
of the owner of the container is known or can be ascertained by an inspection of the
container, the administrative authority shall provide a written notice to the owner at the
last known address of the owner based upon a review of public record advising the
owner that the container has been impounded and the location where the container will
be stored, if the identity of the owner of the container is not known and cannot be
ascertained by an inspection of the container, the administrative authority shall provide
a written notice to the person responsible for day -to -day activities or operations at the
premise where the container is located. If it cannot be determined that the container is
associated with a premise, the container itself shall be posted with a notice.
C. The owner of the container may contest the administrative authority's
claim that the container was illegally placed or left standing by giving written notice to
the administrative authority within ten (10) calendar days of receipt of written notification
from the city that the container was impounded. Where the owner asserts that the
placement or use of the container was for a permitted salvage activity not otherwise
proscribed by this chapter, the owner shall provide the administrative authority with
information to substantiate that assertion. Said information shall be submitted with the
notice from the owner and shall include, at a minimum, the following:
1. Description of the materials of value deposited in the container and
an estimate of their value.
2. Address, telephone number and contact person of the facility or
facilities with whom the owner has arranged for the contents to be processed or
recycled, and proof of that arrangement.
3. Evidence that the facility or facilities where the contents are
destined to be processed or recycled carries all requisite approvals, permits, or other
forms of authorization required by any governmental agency having jurisdiction, to
conduct processing or recycling activities.
4. A declaration from the customer receiving service, signed under
penalty of perjury, that the customer was charged no fee from the service provider in
exchange for service, and that the contents of the container were either donated or sold
by the customer to the service provider /owner.
5. The administrative authority shall have the right to request such
additional information within thirty (30) days of receipt of items 1 -4 above as may be
necessary or useful in determining the validity of the owner's contest.
6. If the administrative authority determines, in the exercise of
reasonable discretion, that the owner has supplied evidence sufficient to support it
obtained all licenses, permits, and other required city approval and that it can support its
contention that it was engaged in a permitted salvage activity involving sold materials,
the container shall be returned to the owner without any charge for removal or storage
of same.
D. If a container that has been impounded pursuant to this section is not
claimed within thirty (30) days after removal and notice to the owner, the container and
Ordinance No. 394
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its contents shall be deemed abandoned property and may be disposed of accordingly.
Where the contents present imminent threat to public health and safety or consist of
putrescible matter, medical waste or hazardous waste, as determined by the
administrative authority, the waste may be processed or disposed of without awaiting
the expiration of the thirty (30) day claim period.
E. After an unauthorized container has once been removed by the city
pursuant to this article, the owner thereof shall be deemed to have actual notice of the
provisions of this article, including the prohibition against the placement of unauthorized
containers. In the event of a subsequent placement of a container owned by the same
owner, or an affiliate of the owner, that is in violation of this chapter, the administrative
authority may immediately, without the posting of a notice to remove pursuant to
subsection A of this section, direct the impoundment of the unauthorized container and
shall, in such case, give notice to the owner to claim the container pursuant to
subsection B of this section. In such event, the owner shall, subject to the provisions of
subsection C of this section, be responsible to reimburse the city and city franchisee for
the actual cost of such removal, storage and disposal, and administrative costs which
shall be paid by the owner before the container may be returned to the owner. If the
container is unclaimed after notice is mailed to the owner and the expiration of the
period set forth in subsection D of this section, the container and its contents shall be
deemed abandoned property and may be disposed of accordingly.
F. The fees required by this section shall be established by resolution of the
city council.
Article III: Solid Waste Franchises, Fees, Equipment, Collection, and Collection
Activities
8.36.320 Solid waste franchise requirements.
The city council may award exclusive, partially exclusive, or nonexclusive solid
waste franchises per Section 8.36.030. Any such solid waste franchises shall be in the
form of a written agreement, granted by the city council by at least three (3) affirmative
votes. Where a franchise agreement is silent on an issue, the provisions of this chapter
shall govern. Where a franchise agreement predates the effective date of the ordinance
codified in this chapter, the provisions of the franchise agreement shall govern over any
inconsistent provisions contained in this chapter.
8.36.325 Contents of franchise.
A. A solid waste franchise may be granted on such terms and conditions as the
city council in its sole discretion shall establish as matters of local concern. At a minimum,
a solid waste franchise shall name the solid waste enterprise and shall provide:
1. The franchisee shall comply with the provisions of this chapter.
2. The franchisee shall be required to protect, defend, indemnify, and
hold the city harmless from liability, including but not limited to liability under the Resource
Conservation and Recovery Act of 1983 ( "RCRA "), 42 U.S.C. Section 6901 et seq.), AB
939, the Comprehensive Environmental Response, Compensation and Liability Act
( "CERCLA "), 42 U.S.C. Section 9601 et seq., or the Carpenter - Presley- Tanner Hazardous
Ordinance No. 394
Page 18
Substance Account Act ( "HSAA "), California Health and Safety Code Section 25300 et
seq., and all future amendments to any of them, as they may be amended from time to
time, and all regulations implementing these acts and all applicable laws governing
universal wastes. The city may require that such obligation be secured by a guarantee.
3. The franchisee shall be required to cooperate with the city in solid
waste disposal characterization studies or other waste stream audits and to submit other
information required by the city to meet the reporting requirements of AB 939, or any other
law or regulation, and to implement measures consistent with the city's reduction and
recycling objectives in order for the city to reach the diversion and other goals mandated
by the state, including but not limited to the Act and Public Resources Code Section
41780(a)(2) as they may be amended from time to time.
4. The city council may set maximum and /or minimum rates for solid
waste services including but not limited to maximum rates by category such as single -
family residential, multi- family, and commercial.
5. The franchisee shall be required to collect all fees and charges billed
or collected by each franchisee for its franchised services must not exceed the maximum
schedule of fees and charges approved by the city council.
6. The city shall have the right to provide for substitute collection
services upon the default of a franchise under a franchise agreement at the cost of the
franchisee, including a liquidated damages provision.
7. The franchisee shall restrict assignment except as approved by the
city council.
8. The city shall have the right to mandate commercial recycling and the
franchisee shall be required to facilitate its implementation.
B. Each franchisee, at all times during the term of its franchise, must maintain
liability insurance with companies and in such specified and reasonable amounts and
coverage's as required by the franchise agreement. In addition, each such franchisee
must maintain during the term of its franchise, workers' compensation insurance coverage
as required by law, or have in place a legally approved qualified self- insurance plan for
such workers' compensation coverage, and any other insurance requirements and
endorsement forms as specified by city and required by the franchise agreement.
C. Each franchisee must, at all times during the term if its franchise, maintain
on file with the city clerk proof of insurance evidencing the existence of all required
insurance coverage in such reasonable form as approved by the city attorney.
D. In deciding whether to grant a franchise, the city council may consider,
among other factors, those listed in Section 8.36.325 and a solid waste enterprises past
adherence to city codes, ordinances, franchise agreements, etc. Any applicant who
previously had a franchise revoked shall be debarred from applying for another franchise
for a period of three (3) years.
8.36.330 Fees.
A. Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code,
Section 41900 et seq., the city may levy fees upon solid waste enterprises and solid waste
service recipients for planning, developing and administering (1) any program regarding
solid waste, household hazardous waste, recyclable solid wastes and /or green waste,
Ordinance No. 394
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including related collection, transfer, disposal, processing, auditing, and planning activities;
and (2) any program for responding to releases and spills of solid wastes which have the
characteristics of hazardous substances. Such fees may include charges for the use of
disposal facilities and may include costs of preparing and implementing source reduction
and recycling elements, household hazardous waste elements and integrated waste
management plans. The city may collect such fees by such means as the city council may
elect.
B. The city council, by resolution, may waive fees for recyclable solid waste
haulers and for collectors of green wastes who transport such green waste to a
compostable materials handling facility or a green waste composting facility, as defined in
Title 14 CCR Section 17852, as it may be amended from time to time, or other site
permitted (or exempt from permitting) by the state in accordance with all governing laws
and regulations, and who report all such deliveries to the city.
8.36.340 Revocation, suspension, or termination of solid waste franchises.
A. Any solid waste franchise issued or recognized under this chapter is
subject to revocation, suspension, or termination for cause if engaging in any act or
conduct which falls in any one (1) or more of the following categories:
1. Operating the solid waste enterprise in a manner contrary to the
public health, safety, well- being, peace, welfare, morals, or which are found to constitute
a public nuisance.
2. Violating any regulation of the state, the California Department of
Toxic Substances Control, the California Air Resources Board, or any of their respective
successor agencies, a local enforcement agency, the Moorpark Municipal Code, or any
material condition of a franchise affecting public health and safety in the city.
3. Violating any federal or state law in which the franchisee or any of
its officers, directors, or employees are found guilty of any crime related to the
performance of the franchise agreement, of any crime related to anti -trust activities,
illegal transport, or disposal of hazardous or toxic materials, or bribery of public officials.
4. Engaging in fraud or deceit upon the city, made or makes or uses
any false, fictitious or fraudulent statements or representations, or practiced any fraud or
deceit or made any false, fictitious statements or representations in connection with the
issuance or renewal of the franchise.
5. Becoming insolvent, unable or unwilling to pay its debts, including
payment of fees due to the city, or having a receiver or trustee appointed to take over
and conduct the business of the franchisee whether in a receivership, reorganization, or
bankruptcy proceeding.
6. Failing to provide or maintain in full force and effect the workers
compensation, liability, and indemnification coverage or cash bond or other guarantee
as required.
7. Violating any order or ruling of any regulatory body with respect to
solid waste handled or collected within the city, except that such order or ruling may be
contested by appropriate proceedings conducted in good faith, in which case no
violation shall be deemed to have occurred until a final decision adverse to the solid
waste enterprise is entered.
Ordinance No. 394
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B. Investigation. If the administrative authority determines that (1) the
continuing performance of a franchise in the city may not be in conformity with
reasonable industry standards applicable in Ventura County or provided under the "Act ",
including, but not limited to, requirements for implementing diversion, source reduction
and recycling, or any other applicable federal, state or local law or regulation, including
but not limited to the laws governing transfer, storage, or disposal of solid waste and
hazardous waste, universal wastes, and diversion rates required of the city by Public
Resources Code Section 41780(a)(2) as it may be amended from time to time, or this
chapter; or (2) a franchisee is in default of the terms of its franchise, the administrative
authority shall advise the franchisee in writing of such suspected deficiencies. In any
written notification of deficiencies, the administrative authority shall set a reasonable
time within which the franchisee is to correct the deficiencies and respond. Unless
otherwise specified in the franchise, a reasonable time for response and correction of
deficiencies shall be thirty (30) days from the receipt of such written notice by the
franchisee.
C. Response. At the expiration of the time set for response from the
franchisee, the administrative authority shall review the record, including any written
response from the franchisee to the notice of deficiencies, and take either of the
following actions: (1) resolve the matter in favor of the franchisee; or (2) order remedial
action to cure any breach. In either event, the administrative authority shall inform the
franchisee in writing of the decision. A decision or order of the administrative authority
shall be final and conclusive unless the franchisee files a notice of appeal to the city
council with the city clerk (with a copy to the city manager and the city attorney) within
ten (10) days of mailing of the decision. The notice of appeal to the city council shall
state the legal basis and all legal and factual contentions of the franchisee and shall
include all evidence, including, but not limited to, affidavits, documents, photographs,
CDs, and DVDs. A notice to appeal to the city council shall not be accepted by the city
clerk for filing unless accompanied by a notice of appeal filing fee in an amount to be set
by city council resolution.
D. Public Hearing. Within sixty (60) business days of receipt by the city clerk
of a notice to appeal to the city council, the city council shall set the matter for a public
hearing. The city clerk shall give written notice of the time and place of the hearing, as
well as publish such notice as required for public hearings. At the hearing, the city
council shall consider the administrative record, including the notice of deficiency, the
franchisee's response, the administrative authority's written decision, and the
franchisee's notice of appeal to the city council. The city council shall also give the
franchisee, or its representatives and any other interested person a reasonable
opportunity to be heard. The proceedings before the council shall be an informal
administrative hearing and the rules of evidence, as generally applied in judicial
proceedings, shall not be applicable.
E. Determination. Based on the administrative record, the city council shall
determine by resolution whether the administrative authority's decision should be
upheld. A tie vote of the city council shall be regarded as upholding the administrative
authority's decision. If, based upon the record, the city council determines that the
franchisee is in breach of any material provision of the franchise, or other cause for
Ordinance No. 394
Page 21
termination of the franchise, or decides to order the franchisee to cease operations in
the city, the city council in the exercise of its sole discretion, may order remedial actions
to cure the breach, or terminate forthwith the franchise or order operations in the city to
cease. The decision of the city council shall be final and conclusive.
8.36.345 Restrictions on transfer of solid waste franchises.
A solid waste franchise of the city will not be transferable, except as follows.
A. A franchise may not be transferred, sold, sublet or assigned, nor shall any
of the rights or privileges therein be leased, assigned, sold or transferred either in whole
or in part, nor shall title thereto, either legal or equitable, or any right, interest or property
therein, pass to or vest in any person, either by act of the franchisee or by operation of
law without the prior written consent of the city council and as set forth in the franchise
agreement.
B. An application for a transfer of a franchise must be made in a manner
prescribed by the administrative authority. The application must include a franchise
transfer application fee in an amount to be established by resolution of the city council,
to cover the anticipated cost of all reasonable and customary direct and indirect
administrative expenses including, but not limited to, consultants and attorneys' fees
and costs, necessary to analyze the application and to reimburse the city for direct and
indirect expenses. In addition, the franchisee must reimburse the city for all reasonable
consultants, attorneys' and staff costs not covered by the franchise transfer application
fee, whether or not the city approves the application for transfer. The city's demand for
reimbursement shall be supported by evidence of the expenses and costs incurred.
The franchisee and the applicant for transfer will be jointly and severally liable for the
payment of any reasonable consultants', attorneys' and staff costs not covered by the
franchise transfer application fee.
C. The applicant for a transfer of a franchise will have the burden of
demonstrating that it has the operational and financial ability to meet all obligations of
the franchise.
D. The city may withhold its consent to a transfer of the franchise and may
require amendment of any franchise as a condition of approval of the transfer of any
franchise.
8.36.350 Collection rates.
A. The maximum rates to be charged to customers for collection of solid
waste from residential and commercial premises shall be as prescribed and set forth in
the rate schedule to be established by resolution of the city council.
B. At a noticed public hearing, the city council may establish, by resolution, a
ceiling on the amounts of charges a franchisee may charge for solid waste collection in
addition to any required fees. Except as provided in subsection D, or as otherwise
provided in a franchise agreement the city council will consider adjustments to the
maximum permitted charges once per calendar year. The maximum rates may not be
increased without prior written approval of the city council by resolution.
C. At the conclusion of the public hearing, the city council shall have the
power to approve, deny or modify in any respect or particular instance the schedule of
Ordinance No. 394
Page 22
rates for the collection of solid waste from commercial or residential premises in the city,
based upon the fairness of the rate increase to the franchisee and whether or not said
increase will be detrimental or injurious to the affected customers, and shall thereafter,
by resolution adopt a rate schedule for collection of solid waste.
D. The franchisee may petition the city council for an increase in the
maximum rate to offset unusual changes in the franchisee's costs of doing business,
such as revised federal, state or county laws, ordinances or regulations, significant
changes in disposal charges, or change of disposal sites or processing facilities.
8.36.355 Liability for collection charges and fees.
A. The person in charge of day -to -day activities or operations of any
residential and commercial premises is required by this chapter to have solid waste
collection service or a self -haul exemption permit and shall be liable for all applicable
fees and charges pertaining to such collection, and /or is subject to self -haul
requirements in accordance with Article VII of this chapter.
B. To protect public health, safety, and well -being and to control the spread
of vectors, the person responsible for day -to -day activities or operations of each
residential and commercial premises in the city at which solid waste is generated or
accumulated shall make arrangements for collection, recycling, and disposal of that
waste generated or accumulated on those premises in accordance with the
requirements of this chapter, or shall obtain a self -haul permit in accordance with Article
VII of this chapter. The fees and charges, plus any interest or penalties, shall be due
and payable on the date stated on the bill. The person responsible for day -to -day
activities or operations of each premise in the city at which solid waste subject to this
chapter is generated or accumulated, and which is not self - hauled, shall be liable for
payment of all charges for solid waste services, including any interest or penalties, or
any recycling charges.
8.36.360 Collection equipment.
A. Any truck or vehicle used for collection and /or transportation of solid waste,
hazardous waste, or medical waste under the provisions of this chapter shall be required
to adhere to the standards set forth below and, if applicable, detailed further within the
franchise agreement:
1. Be completely enclosed with a non - absorbent, close - fitting cover
while transporting such waste in or through the city. "Completely enclosed with a non-
absorbent, close - fitting cover" means that the waste will not be visible from the street, shall
contain offensive odors, and shall prevent any waste from spilling, dropping, leaking, or
blowing off of or out of any solid waste truck or vehicle and become deposited along the
public right -of -way during collection or transportation.
2. At all times have in the cab thereof the registration of the truck or
vehicle, a copy of the permit issued by the city, if applicable, a certificate of insurance, and
an identification card with the name of a person to telephone in case of an accident or
emergency. Each truck shall also be equipped with a minimum five (5) pound fire
extinguisher certified by the California State Fire Marshal and recharged as needed, but
not less than once annually.
Ordinance No. 394
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3. Be identified with the franchisee's name and have a unique vehicle
number displayed in a prominent location.
4. Be made available for inspection at the discretion of the
administrative authority at any point of operation and be properly maintained, kept clean,
and in good repair at all times.
5. To protect public health, safety, and quiet enjoyment of the city's
residents, the noise level for collection vehicles during the stationary compaction process
shall not exceed seventy -five (75) A- weighted decibels (dBA) at a distance of twenty -five
(25) feet from the collection vehicle and at an elevation of five (5) feet from the horizontal
base of such vehicles.
B. Any collection container provided by the franchisee or collector to any
residential or commercial customer for the collection of solid waste within the city must:
1. Be labeled clearly with the name of the franchisee or collector, the
telephone number of the franchisee or collector, and a unique identifier.
2. Be marked or posted with information stating the container is not to
be used for disposal of hazardous waste. Commercial bins shall have conspicuous
notices on each side of the commercial bin that states the bin is not to be used for disposal
of hazardous waste.
3. Be maintained in a manner that protects public health and safety and
prevents the spread of vectors.
4. Be maintained free from any exterior paint or markings, commonly
referred to as "graffiti" or "tagging" and upon notification by the administrative authority of
any such markings on a container identif ied by address or unique identifier, such markings
must be removed or painted over within twenty -four (24) hours from notification.
8.36.365 Clean up of solid waste spills.
A. Any person or entity handling and transporting solid waste, including
recyclable solid waste and green waste, within the city must clean up immediately, or
arrange for the immediate clean up, of any solid waste or liquid waste released, spilled or
dumped into the environment during collection, handling, or transport within the city by
such person or any vehicle fluid spill from collector's vehicles.
B. Until solid waste has been picked up by a franchisee or collector, or is self -
hauled, the person in charge of the day -to -day activities or operations of each residential
and commercial premises in the city shall be responsible for the cleanup of any and all
solid waste generated, deposited, released, spilled, leaked, pumped, poured, emitted,
emptied, discharged, injected, dumped, or disposed into the environment, or which has
come to be located outside an authorized container on, at, or in the premises of which the
person is in charge. This cleanup responsibility includes the cleanup of solid waste,
including recyclable solid waste and green waste which has come to be located outside an
authorized container for the collection of such solid waste, notwithstanding human or
animal interference with a container, wind, or other natural forces and whether during
storage, collection, removal, or transfer. For purposes of this section, the term "disposed
into the environment" shall include, but not be limited to, the abandonment of or discarding
of barrels, containers, and other closed receptacles of solid waste or liquid waste of any
kind whatsoever.
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C. Each franchisee or collector shall clean up any solid waste spilled or
otherwise released or discharged into the environment during its collection, removal, or
transfer immediately upon the occurrence of the spill, release or discharge in a manner
approved by the administrative authority and is to inform the city verbally of the occurrence
immediately and with a written report within two (2) hours of the incident. Each franchisee
or collector shall clean up any leaks or spills from their vehicles and equipment per the
NPDES permit currently in effect in city. No fluids shall be washed into storm drains at
any time. All NPDES dry- cleaning measures shall be complied with.
8.36.370 Frequency and hours of collection.
A. All solid waste collection from residential premises and commercial
premises adjacent to residential premises shall be made between the hours of seven
(7:00) a.m. and six (6:00) p.m., Monday through Friday, and on Saturday's as specified
in subsection D of this section.
B. All solid waste collection from commercial premises not adjacent to
residential premises shall be made between the hours of six (6:00) a.m. and six (6:00)
p.m., Monday through Friday and between the hours of eight (8:00) a.m. and three
(3:00) p.m. on Saturdays. At no time is collection allowed on Sundays except as
specified in subsection D of this section.
C. No residential or commercial solid waste collector shall collect or transport
solid waste within two hundred (200) feet of a public or private elementary, middle or
high school during the one -half (1/2) hour before the commencement of the regular
school day and one -half (1/2) hour following the conclusion of the regular school day. It
shall be the responsibility of the collector or drop box transporter to ascertain the
various starting and ending times for schools within the city.
D. Whenever a holiday recognized by the city or any approved disposal site
falls upon a regularly scheduled collection day, the solid waste scheduled for collection
that day, and for the remainder of the week, may be picked up one day later than
scheduled following specified guidelines in subsections A through C of this section.
Commercial collection scheduled for Saturdays may be picked up on Sunday between
the hours of ten (10:00) a.m. and three (3:00) p.m.
8.36.380 Special collection.
The person responsible for the day -to -day activities or operations at each
residential and commercial premise in the city may order special collections of such
things as bulky waste, C &D material, and temporary bin services through a city
franchisee or authorized collector only.
8.36.385 Franchisee remedies.
Nothing in this chapter shall be deemed to limit the right of a franchisee or the city
to bring a civil action against any person who violates this chapter, nor shall a conviction
for such violation exempt any person from a civil action brought by a franchisee or the city.
Ordinance No. 394
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8.36.390 City right of provision modification.
In addition to the requirements of this chapter and the provisions of a franchise
agreement, the city specifically retains the right to repeal, amend, add to, or modify each
and every provision of this chapter and the city, city council, or city manager may issue
written regulations and policies to implement the provisions of this chapter.
Article IV: Unlawful and Prohibited Acts
8.36.420 Unlawful collection.
A. To protect public health, safety, and well- being, no person except a city
employee or a franchisee or authorized collector or self -haul permittee recognized by the
city, or entity authorized under Article VII of this chapter shall collect or remove any solid
waste or green waste from any premises within the city.
B. No person except a city employee or a franchisee or authorized collector or
self -haul permittee recognized by the city, or entity authorized under Article VII of this
chapter, shall place a container owned by the franchisee, collector, or contractor for the
accumulation of solid waste at any premises within the city or collect any solid waste from
any premises or permit or suffer a solid waste container to remain in any place within the
city that has not been placed by an authorized solid waste collector. Each day any person
other than a franchisee, collector or entity as described above shall collect any solid waste
from any premises or place a container for the accumulation of solid waste at any
premises within the city, or permit or suffer a solid waste container to remain in any place
within the city shall constitute a separate offense and shall be a nuisance.
8.36.425 Use of containers required.
To protect public health, safety, and well -being and to control the spread of vectors,
no person other than a self -haul permittee pursuant to this chapter, or a contractor
performing work within the scope of that contractors license according with Section
8.36.750 of this chapter, shall keep solid waste, including green waste, in any container
other than a container approved by a franchisee or the city; nor shall any person place
solid waste in any container provided by a non - franchised solid waste hauler (except
pursuant to Articles VI or VII of this chapter); nor shall any person accumulate solid waste
for more than fourteen (14) consecutive days; nor shall any person keep upon any
premises in the city, solid waste which is offensive, obnoxious, or unsanitary. All of the
foregoing is unlawful, constitutes a public nuisance and may be abated in the manner now
or hereafter provided by law for the abatement of nuisances.
8.36.430 Removal of solid waste containers.
No person, other than the person responsible for day -to -day activities or operations
at any commercial or residential premises or a solid waste collector, may remove or move
any container from the location where the container was placed for storage or collection
without the prior written approval of the responsible person.
Ordinance No. 394
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8.36.435 Collection of solid waste - disposal.
No person responsible for day -to -day activities or operations at any commercial
or residential premises shall collect, enter into an agreement to collect, or provide for
the collection, transportation or disposal of solid waste, unless such person or persons
is authorized by the city to operate within the city by means of a license, franchise,
contract, permit, operations agreement or otherwise. All solid waste created, produced
or accumulated in or about residential or commercial premises in the city shall be
collected at least once per week. No person who is the occupant or responsible party of
any residential or commercial premises shall fail or neglect to provide for the collection
of solid waste at least as often as prescribed in this chapter. Unless otherwise
permitted by this chapter, the party responsible for day -to -day activities or operations of
any residential or commercial premises shall subscribe to or arrange for collection of
solid waste from such premises by the franchisee. The franchisee shall dispose of solid
waste collected pursuant to this chapter and the agreement in a manner satisfactory to
the city and in accordance with all federal, state and local laws and regulations.
8.36.440 Use of container of another.
To protect public health, safety, and well -being and to prevent the contamination of
solid waste, including recyclable solid waste and green waste, no person shall place solid
waste in, or otherwise use the solid waste container, including a recyclable solid waste,
green waste, or other waste container, of another, without the prior written permission of
such other person.
8.36.445 Use of civic solid waste containers.
To protect public health, safety, and well being, no person shall place or deposit
residential or commercial solid waste, industrial waste, special waste, medical waste,
electronic waste, universal waste or other hazardous waste in any civic solid waste
container.
8.36.450 Burning of solid waste.
No person may cause or permit the burning of any solid waste within the city,
except in an approved incinerator, transformation facility, conversion technology facility or
other device for which a permit has been issued and which complies with all applicable
permit and other regulations of air pollution control authorities and provided any such act
of burning in all respects complies with all other laws, rules, and regulations.
8.36.460 Dumping of solid waste prohibited.
No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty,
discharge, inject, bury, or dispose into the environment any solid or liquid waste upon any
premises within the city, or to cause, suffer, or permit any solid or liquid waste to come to
be located upon any premises in the city, except in an authorized or permitted solid waste
container or at an authorized or permitted solid waste facility approved for that type of
waste.
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8.36.470 Commingling of green waste with other forms of waste prohibited.
No person may place or cause to be placed for collection any accepted green
waste in any container designated for the collection of any other form of solid waste or
recyclable material.
8.36.480 Scavenging.
It is unlawful for anyone other than the owner of the recyclable materials, or
recyclable solid waste, to remove recyclable materials or recyclable solid waste placed
for collection in their containers labeled for use in connection with a recycling program
sponsored by the city or authorized franchise or collector.
8.36.490 Public nuisance.
To protect public health, safety, and well -being and to prevent the spread of
vectors, it is unlawful and a public nuisance for any person or entity to violate any term of
this chapter. For these same reasons, it is a public nuisance for any person or entity to
occupy, inhabit, maintain, or to be in day -to -day control of any premises within the city
which generates solid waste for which arrangements have not been made with a
franchisee or authorized collector, or without obtaining a self -haul permit from the city; for
regular collection and removal of solid waste, including recyclable solid waste and green
waste.
Article V. Large Event and Large Venue Waste Management
8.36.500 Purpose.
The purpose of this article is to reduce solid waste from large events and large
venues by requiring those who hold large events and operate large venues to develop
and implement waste management plans to reduce solid waste placed in landfills and to
report diversion and recycling to the city.
8.36.510 Application of section to large events and large venues.
A. Large events and large venues shall meet the requirements of and shall
comply with all provisions of this chapter.
B. The following large events and large venues are subject to the
requirements of this chapter:
1. All events charging an admission price or for which an applicant seeks
temporary or periodic use or occupancy of a public street, publicly owned site or facility
or public park within the city for a civic, commercial, recreational or social event
attended by or anticipated to be attended by an average of more than two thousand
(2,000) individuals per day of operation.
2. All venues that annually seat or serve an average of more than two
thousand (2,000) individuals per day of operation, including but not limited to convention
centers, community centers, golf clubs, amusement parks, recreational parks, theaters
and concert halls located with the city.
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C. The city may charge and collect a fee from an operator of a large event or
large venue in an amount to be established by resolution of the city council to recover
the city's estimated costs incurred in complying with this article.
8.36.520 Waste management plan requirements.
A. All large event applicants shall develop and submit to the administrative
authority a waste management plan for reducing and recycling solid waste as part of the
application for a permit. The waste management plan shall include the following
information:
1. An estimate of the anticipated amount and type of solid waste
generated and material disposed and diverted from the event.
2. Proposed actions to reduce, reuse, and recycle the amount of solid
waste generated from the event.
3. Arrangements for separation, collection and diversion from landfills of
reusable and recyclable materials.
B. All large venues shall develop and submit to the administrative authority a
waste management plan on an annual basis on or before January 1 of each year. The
waste management plan shall include the following:
1. An estimate of the amount and type of waste generated and material
disposed and diverted from the venue.
2. The existing solid waste reduction, reuse and recycling programs that
the operator of the large venue utilizes.
C. All large event applicants and large event operators shall agree to use city
contracted franchisees or collectors for removal of solid waste, which may exclude
recyclables per prior written approval by the administrative authority, from the events
and venues. Applicants must identify the following information on their waste
management plan, including but not limited to, their plans to remove recyclables using
their own staff or volunteers, type of material being removed, amount of material being
removed, and where the material will be taken. Recycle weight tickets or receipts must
be submitted to the administrative authority and the plan must be followed before the
applicant shall be refunded their event security deposit, in part or in full, by the city.
D. All large event applicants and large venue operators shall agree to the
following: On or before October 1, 2011, and on or before October 1, annually
thereafter, the operator of a large venue shall meet with the administrative authority,
franchisees and /or collectors of the large venue to determine the appropriate waste
reduction programs to meet the requirements of this chapter.
8.36.530 Review of waste management plan.
A. Time for Review. A waste management plan shall be approved or
rejected no later than thirty (30) business days after a complete application for a permit
is made for a large event and or a waste management plan is submitted for a large
venue.
B. Approval. The administrative authority may approve the plan subject to
conditions reasonably necessary to meet the standards of this chapter and may consult
with the city's franchisee or collectors concerning the viability of the waste management
Ordinance No. 394
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plan and compliance by large events and large venues with diversion requirements.
Waste audits may be performed by the city or franchisee to verify compliance with the
approved waste plan. Notwithstanding any other provision of this chapter, no permit
shall be issued for any large event or large venue unless and until the waste
management plan has been approved, based upon the following findings by the
administrative authority:
1. All of the information required by Section 8.36.520 has been provided.
2. The plan establishes a mechanism to ensure that the diversion
requirement will be met.
C. Rejection. If the administrative authority rejects the waste management
plan, the grounds for rejection shall be clearly stated in writing.
8.36.540 Waste management compliance reporting.
A. Within thirty (30) days of the date(s) of the event(s) or monthly for large
venues, the large event or large venue operator shall provide a written report to the
administrative authority containing the following documentation:
1. A listing of waste reduction, reuse, recycling and diversion programs
implemented for the event or venue.
2. The type and weight of materials diverted and disposed at the event or
venue with appropriate supporting documentation.
8.36.550 Actions by the city.
When issuing a permit to an operator of a large event or large venue, the
administrative authority shall provide information to the operator that can be
implemented to reduce, reuse and recycle solid waste materials generated at the event
or venue and provide contact information about where solid waste materials may be
donated, recycled or composted. This information may include, but is not limited to,
providing information directing the operator of the large event or large venue to the state
web site or any other appropriate web site for information.
8.36.560 Penalties.
Any large event or large venue identified under this chapter as a large event or
large venue not complying with the waste management plan approved by the
administrative authority may be subject to non - refund of all or a portion of the security
deposit submitted with their permit application. Based on non - compliance the city may
also require additional processing of solid waste generated by the event or venue at an
additional cost to the operator to meet the diversion goals of the city.
Article VI. Construction and Demolition Materials Management
8.36.600 Purpose.
The purpose of this article is to establish regulations to reduce landfill bound waste
from C &D projects by requiring applicants for every covered project, as defined herein, to
divert, or recycle, a minimum of 65 percent (65 %), of material type by weight, of the C &D
material resulting from that project, including inert waste, in compliance with state and local
Ordinance No. 394
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statutory goals and policies, and to create a mechanism to secure compliance with said
diversion requirements. Fees for the C &DMMP review process and for the C &DMMP
exemption process shall be established by resolution of the city council.
8.36.620 Covered projects.
Except as otherwise provided in this code, each applicant for a permit required by
this code for a covered project shall also complete and submit a construction and
demolition materials management plan (C &DMMP) to the administrative authority unless
the project is an exempt project, as defined in Section 8.36.625.
No permit for a covered project shall be issued by the Division of Building and
Safety unless the applicant for the permit has submitted a C &DMMP that has been
reviewed and approved by the administrative authority, or the project is an exempt project
as defined in Section 8.36.625. Review of applications for permits for covered projects by
the Division of Building and Safety may be concurrent with the review of the C &DMMP by
the administrative authority but the permit shall not be issued until the C &DMMP has been
approved.
8.36.625 Exempt projects.
No C &DMMP or diversion security deposit shall be required for any of the
following:
A. Work for which a building permit, demolition permit, and /or grading permit
is not required.
B. Any new residential or nonresidential construction project valued at less
than five hundred thousand dollars ($500,000) by the city's building official.
C. Residential or nonresidential alterations valued at less than one hundred
thousand dollars ($100,000) by the city's building official.
D. Projects for which only a plumbing permit, electrical permit, or mechanical
permit, or any combination thereof, is required.
E. Seismic tie -down projects.
G. Installation of swimming pools or spas.
H. Demolition or construction required to protect public health or safety in an
emergency, as defined in Public Resources Code Section 21060.3, as it may be
amended from time to time.
I. Other work the administrative authority determines will not produce a
significant amount of C &D material.
8.36.630 City sponsored projects.
All of the city's construction, demolition, and renovation projects, except as
provided below, and regardless of cost, shall be considered "covered projects" for the
purposes of this chapter and shall be subject to all applicable provisions of this chapter.
Prior to the start of any city construction or demolition activity, a C &DMMP shall be
prepared by the city designated project manager for approval by the administrative
authority. The city is not required to submit a diversion security deposit for city
sponsored covered projects. City projects limited to interior plumbing work, electrical
work, or mechanical work are not covered projects. City demolition or construction
Ordinance No. 394
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projects required to protect public health or safety in an emergency, as defined in Public
Resources Code Section 21060.3, as it may be amended from time to time, are not a
covered project.
8.36.635 Compliance as a condition of approval.
Compliance with this chapter shall be included as a condition of approval of any
permit issued for a covered project.
8.36.640 Construction and demolition materials management plan (C &DMMP).
Each applicant applying for a permit for any covered project shall complete and
submit to the administrative authority a C &DMMP, on a C &DMMP form approved by the
city manager for this purpose. The completed C &DMMP, at a minimum, must indicate all
the following:
A. The estimated weight of total project C &D materials, by material type, that
will be generated.
B. The maximum weight of all C &D materials, by material type, that are feasible
to divert, considering cost, energy consumption and delays, via reuse or recycling efforts.
C. The vendor or facility that the applicant proposes to use to collect, divert,
market, reuse, or receive the C &D materials, by type of material.
D. The estimated weight or residual C &D materials that would be transported
for disposal in a landfill or at a transformation facility.
E. The estimated weight of inert waste, by waste type, to be removed from the
waste stream and not disposed of in a solid waste landfill.
Each applicant will be provided information concerning a salvage audit and encouraged
to have a salvage audit conducted prior to commencing any deconstruction project.
The C &DMMP must receive approval by the administrative authority prior to issuance of
any building and safety permit for the covered project.
8.36.645 Calculating volume and weight of material.
In estimating the volume or weight of materials identified in the C &DMMP, the
applicant shall use the conversion rates approved by the city for this purpose.
8.36.650 Deconstruction.
In preparing the C &DMMP, applicants for demolition permits involving the
removal of all or part of an existing structure shall consider deconstruction to the
maximum extent feasible, and shall make the materials generated thereby available for
salvage prior to being transported for disposal in a landfill or transformation facility.
Deconstruction can be used to meet the diversion requirement provided it is accounted
for in the C &DMMP.
8.36.655 C &DMMP diversion security deposits.
Each applicant for a permit for a covered project, except the city, shall submit a
construction and demolition diversion security deposit along with the C &DMMP. The
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amount of the diversion security deposit shall be established by resolution of the city
council. The administrative authority may waive the diversion security deposit if the
diversion security deposit required pursuant to this section would be fifty dollars
($50.00) or less.
8.36.660 C &DMMP review approval.
Notwithstanding any other provisions of this code, no building or demolition
permit shall be issued for any covered project unless and until the administrative
authority has approved the C &DMMP. The administrative authority shall only approve a
C &DMMP if it is determined that all of the following conditions have been met:
A. The C &DMMP provides all of the information required in Section 8.36.640.
B. The C &DMMP indicates that the diversion requirement will be met.
C. The applicant has submitted an appropriate diversion security deposit in
compliance with Section 8.36.655.
If the administrative authority determines that these three conditions have been
met, the administrative authority shall mark the C &DMMP "Approved ", return a copy of
the C &DMMP to the applicant, and notify the Division of Building and Safety that the
C &DMMP has been approved.
8.36.665 C &DMMP review denial.
If the administrative authority determines that the C &DMMP fails to meet the
conditions specified in Section 8.36.640, then the administrative authority shall either:
A. Return the C &DMMP to the applicant marked "Denied" including a
statement of reasons, and so notify the Division of Building and Safety, which shall then
hold the project's permit.
B. Return the C &DMMP to the applicant marked "Further Explanation
Required ", including a statement of reasons, and so notify the Division of Building and
Safety, which shall then hold the project's permit.
If the applicant determines during the course of the project that the estimated
tonnage of C &D material to be generated and /or recovered or disposed of from the
project is substantially different from the C &DMMP, applicant shall submit an addendum
to the original C &DMMP.
8.36.670 Application for refund and return of diversion security deposits.
Within ninety (90) days after the final project permit sign -off of any covered
project, the applicant shall submit to the administrative authority documentation that the
applicant has met the diversion requirement for the approved project and apply for a
refund of the diversion security deposit. If documentation is not received by the
administrative authority as required by applicant, then applicant forfeits the diversion
security deposit. Applicant shall provide the following documentation:
A. The dates on which grading, building, paving, demolition, and /or
construction actually commenced and were completed.
Ordinance No. 394
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B. Receipts and /or gate tickets from the vendor(s) or facility(ies) which
collected or received each type of C &D material showing the actual weight of each type
of material, or in the case of commingled C &D materials the aggregate weight of the
materials and the amount that was disposed, or in the case of Inert Waste,
documentation proving removal from the solid waste stream and non - disposal in a solid
waste landfill.
C. Documentation proving material salvaged or reused in current project.
D. A copy of the previously approved C &DMMP for the project adding the
actual volume or weight of each material diverted and not disposed of in a solid waste
landfill.
E. Any additional information the applicant believes is relevant to determining
its efforts to comply in good faith with this article.
8.36.675 Documentation of construction and demolition material diversion.
Applicants shall make reasonable efforts to ensure that all C &D material diverted
or delivered to disposal facilities for disposal, are measured and recorded using the
most accurate method of measurement available. To the extent practical, all C &D
materials, and inert waste to be removed from the waste stream and not disposed of in
a solid waste landfill, shall be weighed on scales. Such scales shall be in compliance
with all state and county regulatory requirements for accuracy and maintenance. For
C &D material for which weighing is not practical due to small size or other
considerations, a volumetric measurement shall be used. For conversion of volumetric
measurements to weight, the applicant shall use the standardized conversion rates
approved by the city for this purpose. Documentation of the foregoing shall consist of
photocopies of receipts, weight tickets, gate tickets, and other records from recycling
facilities, deconstruction contractors, solid waste enterprises and disposal facilities.
8.36.680 Determination of compliance and release of diversion security
deposit.
The administrative authority shall review the information submitted under Section
8.36.670 to determine whether the applicant has complied with the C &DMMP as
follows:
A. Full compliance. If the administrative authority determines that the
applicant has fully complied with the C &DMMP requirements applicable to the project,
the administrative authority shall cause the full diversion security deposit to be released
to the applicant.
B. Good faith effort to comply. If the administrative authority determines that
the C &DMMP has not been complied with, the administrative authority may determine
whether the applicant made a good faith effort to comply with this article. In making this
determination, the administrative authority shall consider the availability of markets for
the C &D materials transported for disposal in a landfill or transformation facility, the size
of the project, and documented efforts of the applicant to divert C &D materials and
remove inert waste from the waste stream. If the administrative authority determines
that the applicant has made a good faith effort to comply with this chapter, the
administrative authority shall approve the release of the diversion security deposit, or a
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portion thereof, to the applicant. Any portion of the diversion security deposit not
released to the applicant shall be forfeited to the city.
C Failure to comply. If the administrative authority determines that the
applicant has not made a good faith effort to comply with this article, or if the applicant
failed to submit the documentation required in Section 8.36.670, within the required time
period, then the diversion security deposit shall be retained by the city for purposes of
promoting recycling within the city.
D. Partial refund. The administrative authority may authorize a partial refund
of the diversion security deposit when the diversion requirement has not been met. Any
partial refund shall be made in the same ratio as the demonstrated amount of diverted
C &D material and inert waste, respectively, waste bears to sixty -five percent (65 %) by
weight. The remaining diversion security deposit non - refunded shall be forfeited to the
city.
E. Withdrawal of permit application. The administrative authority may
authorize the refund of any diversion security deposit of the permit application for a
covered project is withdrawn or cancelled prior to work commencing.
Diversion security deposits retained by the city may be used only for payment of
diversion security deposit refunds; costs to administer the program established by this
article; and cost of programs to achieve diversion of C &D materials from disposal at
disposal facilities.
8.36.685 C &DMMP exemptions.
A. Application. If an applicant for a covered project experiences or anticipates
unique circumstances that the applicant believes make it non feasible to comply with the
diversion requirement, the applicant may apply for an exemption at the time that the
applicant submits the C &DMMP required under this chapter. The applicant shall
indicate on the C &DMMP the maximum rate of diversion the applicant believes is
feasible for each material, by weighted percentage, and the specific circumstances that
the applicant believes make it non feasible to comply with the diversion requirement. A
review fee for the C &DMMP exemption process shall be established by resolution of the
city council.
B. Meeting with the administrative authority. The administrative authority
shall review the information supplied by the applicant and may meet with the applicant
to discuss possible ways of meeting the diversion requirement. Based on the
information supplied by the applicant, the administrative authority shall determine
whether it is possible for the applicant to meet the diversion requirement.
C. Granting of exemption. If the administrative authority determines that it is
not feasible for the applicant to meet the diversion requirement, the administrative
authority shall determine the maximum feasible diversion rate for each material and
shall indicate this rate on the C &DMMP submitted by the applicant. The administrative
authority shall return a copy of the C &DMMP to the applicant marked "approved for
partial exemption" and shall notify the Division of Building and Safety that the C &DMMP
has been approved.
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D. Denial of exemption. If the administrative authority determines that it is
possible for the applicant to meet the diversion requirement, the administrative authority
shall deny the application for exemption and inform the applicant in writing of the denial
and reasons for the denial. The applicant shall have thirty days after the receipt of
notification to resubmit a C &DMMP form in full compliance with this article. If the
applicant fails to resubmit the C &DMMP, or if the resubmitted C &DMMP does not
comply with this article, the administrative authority shall deny the C &DMMP and the
Division of Building and Safety shall not issue a permit for that project.
8.36.690 Appeals.
A. A decision or order of the administrative authority shall be final and
conclusive unless the applicant files a notice of appeal to the city council with the city
clerk (with a copy to the city manager and the city attorney) within ten (10) days of
mailing of the decision. The notice of appeal to the city council shall state the legal
basis and all legal and factual contentions of the franchisee and shall include all
evidence, including, but not limited to, affidavits, documents, photographs, CDs, and
DVDs. A notice to appeal to the city council shall not be accepted by the city clerk for
filing unless accompanied by a notice of appeal filing fee in an amount to be established
by resolution of the city council.
B. The written appeal shall be considered by the city council no more than
sixty (60) business days from the date of the filing.
C. The final ruling made by the city council, shall be in writing, stating the
legal and factual basis for the decision. The decision shall be final and conclusive.
8.36.695 Enforcement.
A. Inspection. The administrative authority may inspect project sites for
compliance with this article.
B. Civil action. Violation of any provision of this article may be enforced by
any means available to the city, including, but not limited to, an action for injunctive
relief. In any civil enforcement action, administrative or judicial, the city shall be entitled
to recover its attorney's fees and costs from a person who is determined by a court of
competent jurisdiction to have violated this article.
Article VII: Self - Haulers
8.36.720 Self -haul exemption.
A. To enable the city to comply with required diversion requirements, any
person responsible for day -to -day activities or operations of any residential or commercial
premises disposing of solid waste, or green waste, which they have generated ("self -
haulers") must obtain a self -haul exemption permit from the city authorizing that person to
transport that solid waste to a licensed materials recovery facility, transfer station or
disposal facility.
B. Before collecting or transporting solid waste, including green waste, each
person responsible for day -to -day activities or operations of any residential or commercial
Ordinance No. 394
Page 36
premises requesting to self -haul shall obtain a self -haul exemption permit from the city.
The self -haul exemption permit must be renewed on an annual basis and all applicants
must pay an exemption fee to offset the expense to the city for processing, handling, and
performing the required work associated with the solid waste self -haul exemption permit
process. The exemption fee shall be established by resolution of the city council.
C. An application for a self -haul exemption permit must be made on the form
provided by the city and submitted to the administrative authority for review and
determination as to eligibility.
D. Persons issued a solid waste self -haul permit may not: (1) dispose of the
solid waste generated on their premises in the container of another premises or in any
public street or park container, or (2) otherwise dispose of their solid waste in violation of
this chapter.
E. An exemption from solid waste service by self -haul permit or any extension
of such an exemption permit shall remain valid for one (1) calendar year or the partial
calendar year from January to December. Renewals of solid waste exemption permits
must be resubmitted annually by December 1, for the next calendar year.
F. If the administrative authority determines that the holder of a solid waste
self -haul permit is not complying with the conditions of the exemption permit or
requirements of this chapter or code, written notice will be given to the permittee to correct
the violations. If permittee fails to comply within thirty (30) days, city may revoke the self -
haul permit, issue a citation to the person in charge of day -to -day activities or operations
for violation of this section and require the arrangement for the provision of solid waste
service at the premises and arrange for billing to the person in charge of day -to -day
activities or operations.
8.36.730 Self -haul disposal at authorized sites.
To enable the city to comply with diversion rates required by A13939, persons
disposing of solid waste, including green waste, which they, or occupants of a premises of
which they are in charge of day -to -day activities or operations, have generated ("self -
haulers") may obtain a self -haul exemption permit from the city authorizing that person to
transport that solid waste to a licensed materials recovery facility, transfer station, or
disposal facility within the County of Ventura.
8.36.740 Self -haul reporting requirements.
Each person with a valid self -haul exemption permit shall submit reports to the city,
in a format and at a frequency determined by the administrative authority. Required report
information shall include, but is not limited to, the type, quantity, volume, weight, and
disposal facility destination of the solid waste collected in the city, and gate tickets or
receipts to substantiate its disposal and recycling reports. Reports are due within ten (10)
business days of month -end, in a format prescribed by the city manager. Failure to submit
required self -haul permit reports to the city within the required frequency shall be a basis
for revocation of a self -haul exemption permit.
Ordinance No. 394
Page 37
8.36.750 Licensed contractors.
Licensed contractors, with a valid city of Moorpark business registration, performing
work within the scope of their licenses, to which the removal of C &D material is incidental,
within the city may remove and recycle or otherwise dispose of C &D material that is
generated without obtaining a self -haul exemption permit, provided that the C &D material
is transported in contractor -owned containers and vehicles, and vehicles capable of
transporting said material, by contractor's employee(s). Contractor must abide by Article
VI if the permitted project falls within a covered project. If contractor does not own the
containers and vehicles, or if the C &D material is to be transported by a person(s) other
than the contractor's employees, the self -haul option is not applicable.
Article VIII: Enforcement
8.36.820 Enforcement.
Pursuant to California Penal Code Section 836.5, the city manager or the city
manager's designee(s) is authorized to enforce the provisions of this chapter as well as
those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, and 375;
California Government Code Sections 60855 et seq.; and the California Vehicle Code
Sections 23111 and 23112, as they may be amended from time to time. This authority
shall be in addition to the authority granted to law enforcement personnel pursuant to this
municipal code, including, but not limited to, the authority to seize bins as evidence of
criminal violations, when appropriate.
8.36.830 Enforcement by designees.
Wherever in this chapter enforcement authority is given to any city employee or
officer, such authority may be exercised by designees of those employees and officers.
8.36.850 Violations punishable.
Except as otherwise provided by this chapter, violations of this chapter are
punishable as set out in Chapters 1.10 through 1.16 of the Code."
-End-
Ordinance No. 394
Page 38
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Ordinance No. 394 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
17th day of November, 2010, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 1 st day of December, 2010.
Maureen Benson, City Clerk
(seal)