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Home My WebLink AboutAGENDA REPORT 2010 1103 CC REG ITEM 09ACITY OF MOORPARK. CALIFORNIA ITEM 9.A. City Council Meeting of - '9 C ACTION: !d - BY: MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Jennifer Mellon, Senior Management Analyst DATE: October 15, 2010 (CC meeting of November 3, 2010) SUBJECT: Consider an Ordinance Amending and Restating, in its Entirety, Chapter 8.36, Solid Waste, of Title 8, Health and Safety, of the Moorpark Municipal Code BACKGROUND Moorpark Municipal Code (MMC) Chapter 8.36 addresses Solid Waste accumulations, containers, collection, franchises and disposal. This Chapter of the code was last revised, in part, in 1996 and staff is proposing a full restatement of the Chapter to update and enhance language within the current code as necessary, and add Sections to more thoroughly address recycling, green waste, and diversion; as well as reorganize the Chapter into Articles adding new Articles that address unlawful and prohibited acts; large event and large venue waste management; construction and demolition materials management; self -haul; and enforcement. DISCUSSION City of Moorpark staff reviewed the current MMC, as well as Municipal Codes from other jurisdictions relating to Solid Waste and Recycling, and determined that with the franchise agreement negotiations, diversion goals, and sustainability items being forefront priorities, that the Solid Waste Chapter should be revised and restated. Updated language includes items that specifically relate to diversion as well as more clearly define unauthorized actions, remediation, and enforcement. Below is an outline of the major changes and additions being proposed in the attached draft of Chapter 8.36, Solid Waste, of the MMC. Staff has added language regarding green waste collection and enhanced the language regarding cleanup of solid waste spills, unlawful collection and scavenging as well as added language regarding enforcement and violation of the Chapter. A new Article on Large Event and Large Venue Waste Management has been added with the purpose of reducing waste generated at large events and large venues by requiring a waste management plan which will include diversion reporting and a solid waste fee to be Honorable City Council November 3, 2010 Page 2 charged as part of the venue permitting process for applicants who wish to use parks for large events or sports tournaments. A large event is defined as any event that charges an admission price or an event with more than 2,000 attendees. A new Article on Construction and Demolition (C &D) Material Management has been added with the purpose of requiring covered projects to divert 65% of generated waste, by material type, from the landfill. All covered projects must submit a Construction and Demolition Materials Management Plan (C &DMMP) to the City for review and approval, along with a diversion security deposit. Upon completion of the covered project, and compliance with the C &DMMP diversion requirements the security deposit will be refunded. Finally, a self -haul Article has been added to address the self -haul permit application process and diversion requirements of self - haulers, specifically stating reporting requirements and disposal sites that are authorized by the City if an applicant wishes to self -haul. The City Attorney has reviewed and approved the attached draft Ordinance. FISCAL IMPACT There is some fiscal impact with regards to proposed fees for unauthorized container removal, and self -haul exemptions, and Construction and Demolition Materials Management. There is no expense to the City associated with these Ordinance changes other than staff time required to implement the new Articles and review waste plans and documentation from potential applicants. STAFF RECOMMENDATION Introduce Ordinance No. for the first reading, waive full reading, and schedule second reading and adoption for November 17, 2010. Attachment 1: Draft Ordinance K DRAFT SUBJECT TO REVISION ORDINANCE NO. 2010- 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 MUNICIP CODE RELATIVE TO SOLID WASTE NOW THEREFORE, THE CITY COUNCIL O DOES ORDAIN AS FOLLOWS: Sections: ARTICLE I. GENERAL REGULAT 8.36.000 Purpose ............... 8.36.010 Definitions. 8.36.020 Origin, , 8.36.030 Prov' of servi 8.36.035 Pe authorize 8.36.040 Colle rran 8.36.045 empt1 8.36. to 8. Con ....... OF MOORPARK ............... ............................... 4 ........................... solid waste......... ................ 4 ................ 4 ..............10 ..............11 ..............12 ..............13 .., ..................... .............................13 and pickup locations by City.......... 13 ....................... ............................... 14 and bulky items ............................. ..............14 8.3 . W Recyclable terials'�i recyclable solid waste collection ..................... 14 8.36.0 wast Ilection ............................................... .............................15 8.36.085 stin ........................................................... .............................15 ARTICLE II. SGreen U CONTAINERS ........................................... ............................... 8.36.220 f unauthorized containers — prohibited .... .............................15 8.36.230 of unauthorized containers .......................... .............................16 ARTICLE III: SOLID WASTE FRANCHISES, FEES, EQUIPMENT, COLLECTION, AND COLLECTIONACTIVITIES ......................................................................... ............................... 8.36.320 Solid waste franchise requirements ............................ .............................18 8.36.325 Contents of franchise ................................................. .............................18 8.36.330 Fees ........................................................................... .............................19 8.36.340 Revocation, suspension, or termination of solid waste franchises........... 20 8.36.345 Restrictions on transfer of solid waste franchises ..... ............................... 22 8.36.350 Collection rates ......................................................... ............................... 22 8.36.355 Liability for collection charges and fees .................... ............................... 23 8.36.360 Collection equipment ................................................ ............................... 23 ....15 im 3 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 ........................... 8.36.460 Dumping of solid waste prohibited......... 8.36.470 Commingling of green waste with of 8.36.480 Scavenging .... ............................... 8.36.490 Public nuisance. ARTICLE V. LARGE EVENT AND LARGE VENUE 8.36.500 Purpose ........................ ........................ 8.36.510 Application of section events ar 8.36.520 Waste management pla ts. 8.36.530 Review of waste manage' t pla . 8.36.540 Waste man nt compli a re 8.36.550 Actions ............. ..... 8.36.560 Pen ARTICLE VI CON CTION A EMOLIT M ......... ............................... 24 ......... ............................... 25 ......... ............................... 26 ......... ............................... 26 ......... ............................... 26 .............. ............................... ......... ............................... 26 ......... ............................... 27 ............. ......................... 27 ................ 27 ................ 27 ................ 28 ................ 28 .... I......... 28 .28 28 28 ................ 29 ................ 29 ................ 29 ................ 30 ................ 30 ................ 31 ................... ............................... 31 ATERIAL MANAGEMENT 8.36.600 Purp ......... .a.......... ., ....................... .............................31 8.36.620 overe .............. ,,TM . .......................... .............................31 8.36.6 t pro ....................................... ................................................ 32 8. City ore cts .............................................. .............................32 35 Complia s a ion of approval ..................... ............................... 32 8.3 . Constructi d de ion materials management plan (C &DMMP).... 32 8.36. Calculating ° me and weight of material ............... ............................... 33 8.36.650 construc ' ........................................................ ............................... 33 8.36.655 M rsion security deposits ....................... ............................... 33 8.36.660 C view approval ....................................... ............................... 33 8.36.665 C &D review denial ............................................ ............................... 34 8.36.670 Application for refund and return of diversion security deposits .............. 34 8.36.675 Documentation of construction and demolition material diversion............ 35 8.36.680 Determination of compliance and release of diversion security deposit.. 35 8.36.685 C &DMMP exemptions .............................................. ............................... 36 8.36.690 Appeals ...................................................................... .............................37 8.36.695 Enforcement ............................................................... .............................37 ARTICLE VII: SELF - HAULERS ................................................................. ............................... 8.36.720 Self -haul exemption .................................................. ............................... 37 8.36.730 Self -haul disposal at authorized sites ....................... ............................... 38 8.36.740 Self -haul reporting requirements .............................. ............................... 38 cf 29 31 37 2- 4 8.36.750 Licensed contractors........... ARTICLE VIII: ENFORCEMENT ................... 8.36.820 Enforcement ........................ 8.36.830 Enforcement by designees.. 8.36.850 Violations punishable.......... ......................... ............................... 39 39 .................................... ............................... 39 .................................... ............................... 39 .................................... ............................... 39 -3- 5 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, r Transformation of Recyclables, and related provisions, in order to protect ublic peace, health, safety, and general welfare of the people of the Ci e City has determined that storage, accumulation, Collection and Dispo id Waste, as well as Recyclable Material, is a matter of public concer at i er control of such matters creates a public nuisance, which m d to air p on, fire hazards, illegal dumping, vector breeding and infest , and other pro affecting the health, safety and general welfare, of sidents of the City. apter 8.36 "Solid Waste" is enacted in order to prot blic h , safety and - being, to control the spread of vectors and to limit so pollution, noise, and traffic within the City, and pursuant to ,&e authority icle XI, § 7 of the California Constitution, and the Public Res Code, Ti II, as they may be amended from time to time. 8.36.010 the meanings i that a different shall have the Resour defin imp defi hapte ollowing 'Words and phrases shall have e as fo s, unless it is apparent from the context it d. Wor nd phrases not defined by this section isi 0, Part 1, Chapter 2 of the Public t seq., regulations of the State of California, if o the definitions found in the Resource Conservation 42 U.S.C. §§ 6901, et seq. and the regulations y be amended from time to time. If the word is not the rd shall be as defined elsewhere in the Moorpark is not defined in the Moorpark Municipal Code the word shall be us defin Webster's Unabridged Dictionary, latest edition, most appropriate co "AB 939" ' means the California Integrated Waste Management Act of 1989, (sometimes ferred to as "AB 939 "), codified in part at Public Resources Code, §§ 40000 et seq. as it 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. 4 6 "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. "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 sidential Collection service, one Collection of each residential Solid Wast ainer per week or that level of Collection and Disposal service necessary a for the Collection of Solid Waste generated weekly by each single fa esi as specified in the Franchise agreement. Basic Level of Service ns, with ct to commercial Collection service, that level of Collectio Disposal se necessary to provide Adequate Service. "Bulky Waste" or "Bulky Goods" ns Sola&Vaste that of and /or would not typically be accommodated with re ial Solid Waste Container including, but not limited to, la a and sm sehold appliances, furniture, carpets, mattresses, White Go oversize rd Waste such as tree trunks and large branches if no larger t t (2) i meter and four feet (4) in length, and that the Bulky Goods of a ize ight that can be moved by two persons and ar rded re ises in the City which a Solid Waste Collect to C "C &D" me onstru n and olition. "C &D M als Man ment (C &DMMP) means a completed construction and to s m ement plan form, approved by the City for th osa ian Chapter, submitted by the applicant for anv iec irges" s t , onetary amount permitted to be collected for Solid lection, r s s, and equipment rental and Temporary Bin a Franchis unde residential franchise or commercial franchise under th apter. "Ci ans th of Moorpark, California, a municipal corporation. "City er I ns a person having that title in the employ of the City. "City -spo Project" means a project constructed by the City or a project receiving fi 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 operations of the premises for the Collection of Solid Waste. -5 "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 half (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 th' Chapter). The term "Commercial Premises" is a reference to location, zoni nd use, and not to ownership. "Commercial Solid Waste" means all types o aste, including Green Waste and Recyclable Solid Waste, generated cc ted at Commercial Premises and placed in Commercial Bins. "Composting" means the controlled monitored pro of converting organic waste into compost by decompos— "Construction" means the buildin ny facil r structure y portion thereof including any tenant improvements g facility or structure. "Construction and Demoli ' n Material Material) means the excess or discarded materials, which moved a site during or after the construction, renovation, remode deco ction or demolition of any premise, structure, fence, wall, or ng r fr ndscaping. "Construction a emolitio iv ri Deposit" or "Diversion Security Deposit" m r a le redit i orm acceptable to the City Manager, submi the Ci ursua Section 8.36.655 of this Chapter. "Constru and De ition F " means any City authorized Solid Waste Disposal fa with c ab to accept and Recycle or divert C &D Material. " ea Collection ntainers provided by or accepted by the Fra and ve the City Manager for Collection of Solid Waste, Re ble Solid Waste, and C &D Material from Residential Premi nd Comme Pre S. ` ersion R means the rate set forth in the standardized conversion table oved by the City pursuant to this Chapter for use in estimating th m eight of C &D Material, approved by the State. "Covere t" means any project for which a City building permit is required that con sts 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 part or in whole, 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. s 8 "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 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. "Divert" or "Diversion" means activities whic kbended or eliminate the amount of Solid Waste Material disposed of in a la formation facility. See Public Resources Code Section 40124 as it y from time to time. A "Electronic Waste" see Universal W "Franchise" means the right and p ' arrangements for the Collection of and to c Waste to landfills, Transformation facilities, Waste facilities, as defined in 14 alifomia C may be amended from time to other I facilities and /or (3) to process and lid "Franchise, Commercial" meMp a FNM grants to a Fran his excl granted by the (1) to make Soli ste, (2) to port Solid o materials facilities, Green egulations Section 17852, as Solid Waste management Va ollected within the City. e is under this Chapter that lk&a transport on a regular, recurring basis Solid Uom vremisw. "Franchise mean a fee assessment imposed by the City on a solid waste ente a which h a Soli ste Franchise. "Franchise, 'den ' a F hise issued under this Chapter which grants to F hisee siv ollect and transport Solid Waste from Reside S. anchis an Solid Waste Collector designated as a Franchisee pu t to a Co m I ise or Residential Franchise by the City Council autho the Solid to C ctor to provide Solid Waste services within the City. VE&I oft "Ge Vothforms ny person or other entity which produces Solid Waste. "Greetimes referred to as yard waste or yard trimmings) means a fWaste composed of leaves, grass clippings, brush, branches a 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 four inches (4 ") 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. -7- 9 "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 enco I ing definition. "Industrial Waste" means solid, semi - solid, liqu' gaseous, unwanted or residual materials, not including hazardous or b' able waste, from an industrial operation including wastes produced in a ities from factories, industrial plants, and mining operations. "Impound" or "Impoundment" me a removal storage of a Container, bin, drop -off box or any other tacle. "Inert Waste" shall have the mea ascrib Public Re es Code Section 41821.3(a)(1), as it may be amen o to time. "Integrated Waste Mana ment Se means managing waste by multiple techniques to achieve Waste a source conservation goals. The techniques may include, b limite waste reduction, Reuse, Recycling, Composting, Transform n, Ito Ils, and other means. "Large Event" any e t t admission price, or is operated by a local or wh pplica eeks temporary or periodic use or occupanc r on a lic str publicly owned site or facility or public park within the for a civi ommer recreational or social event attended by more than ous p ns, including workers, per day of operation. It s a facility th annually seats or serves an average of mor n two an 000) individuals per day of operation, including wo such as, b t li to, convention centers, community centers, golf clubs, sement pa recr tonal parks, theaters and concert halls located within th and any er facility or place that is a "venue facility" for purposes of Public rces C Section 42648, as it may be amended from time to time. For pur s s Chapter, a site under common ownership or control that includes m n one Large Venue that is contiguous with other Large Venues in the site 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 Permit currently active and in effect in City. g_ 10 " 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 buil demolition, grading or other similar permit is required. See also "Covered " above. "Recyclable Material" means an item, or it , th s commercial value and that is sold for compensation or donated t entity oth an a Solid Waste collector. Recyclable Materials are commod' ' nd therefore n rt of the waste stream. Recyclable Materials lose their cter as Recyclabl terials upon being disposed of in the waste stream, by be g Solid Wa I subject to this Chapter. "Recyclable Solid Waste" eans a fo olid Waste designated as a Recyclable Solid Waste by the State, or other agency with jurisdiction and which has been separated Was rvice recipient from non - recyclable Solid Waste. "Recycling" me a pro of s ing, cleansing, treating and reconstituting a pro mate that would otherwise be disposed of as S as retur them to economic mainstream in the form of raw m I for ne used o constituted products which meet the quality standards ssa d in marketplace. "Re it see s e . m any change, addition or modification in an existing stru hat req a b g permit or demolition permit but does not include a p t limited to i r p ng work, electrical work, or mechanical work. sidential Pr es" ans all lots or parcels in the City designed or zoned f idential pu ses, excluding premises with multi - family structures of five (5) or units. "Resid S aste" means all types of Solid Waste, including Green Waste and Re a Materials, generated or accumulated at Residential Premises and pla 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. -s- ii "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, etseq., as it 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 Cha ter. "Special Waste" means, but is not limited flammable waste; containerized waste (e.g., a drum, barrel, portable ox, pail, etc.); waste transported in a bulk tanker; Liquid Waste; sewage waste from a pollution control process; residue and debris from the c up spill or release of chemical substances, or commercial products- taminate , waste, residue, debris, and articles from the cleanup of to or facility erly used for generation, storage, treatment, Re or reclamation; d animals; wastewater; explosive substances; radi ve ma s; material ich have been exposed to highly infectious or cont s ses; hazardous materials; and Hazardous Waste. "State" means State of C "Temporary Bin" means o Cont of no less than one and one -half (1.5) cubic yards in capac n ter forty (40) cubic yards in capacity provided by cepted a li nsee or Permittee and approved by the Ci orary on of d Waste, Recyclable Solid Waste, Green an &D rial from Residential Premises and Commercial Pr S. biological "1 includ intensity characte gasification, or eans univerl'al waste electronic devices (UWEDs), nd other Universal Wastes as defined by the to VSubstances Control or a successor agency, empty aerosol cans, fluorescent tubes, high sodium vapor lamps, and any other lamp exhibiting a sous waste, batteries, mercury thermometers, and mercury cont s es. "Waste ment Plan" means a plan for reducing and managing waste for a Larg 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 -10- 12 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 place ,Solid Waste in any Container located on any sidewalk, street, roadway, a r driveway or upon any Commercial or Residential Premises, whether or private other than real property owned or leased by such person nor or cause to be set out for Collection any Solid Waste other than S a riginating on their Commercial or Residential Premises. C. No person shall accumulate or deposit a olid Waste in such a manner that a public nuisance ' ated, including, b t limited to, allowing flies, mosquitoes, rodents, or otherlvwors to bre r inhabit therein. D. Upon placement of Solid Wast a Residential Premises at a designated Collection location, ment o Waste from a Commercial Premises in a Container provid uthori ranchise or Solid Waste Collector for Collection of Solid W , th Wa ecomes the property of the Solid Waste Collects.. 8.36.030 In order to ct p sa and well- being, to control the spread of vectors o lim so I ' n, noise and traffic within the City and Pursu is Resource ode 40059, as it may be amended from time e, or a cce provision or provisions thereto, the City shall have, an eby retains, a ty to issue permits or licenses or enter into agree s, includin clusi permits and agreements, for Solid Waste Collectio ices as p ided by this Chapter and with the terms and conditions imposed b City C cil. The City Council may grant one or more exclusive Solid Waste c ' to one or more solid waste enterprises to make arrangements wi persons in charge of day - to-day operations at Commercial and Residential mises 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. _11_ 13 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 fo or furnish Integrated Waste Management Services relating to Collection, er, processing and Disposal of Solid Waste including but not limited cards, C &D Material, Recyclable Material, Green Waste and Hazardous hin and throughout the City. Such services may be furnished by any o or combination of the following (1) City officers and employees, (2) actors f sed, permitted or licensed by the City, or (3) agreement with a r local agency. 8.36.035 Persons authorized to cdt and traxanort solid A. Except as expressly provid person(s) may Collect or trans Solid W Waste from any location within unless franchised, licensed or permitt as exemption permit from the City. It nla into any agreement fo Collecti r Waste with any pe of a fr ed, Collector. B. T ollection trans tior Waste under the s ion B of this section, no ecyclable Material or Green person(s) is an authorized, :e ctor or has a self -haul any on(s) to permit or enter of Solid Waste or Green ice , or permitted Solid Waste of the following types of Solid exempt from the provisions of C& Material removed from the premises by a licensed con with a o Business Registration and any necessary permits, us,, own emp es roper equipment as an incidental part of a total servi vided by s cont for and abiding by Article VII of the Moorpark Municipa e. Gr Waste generated by an agricultural use on a lot where such use is p suant to applicable provisions of the Moorpark Municipal Code. 3. azardous 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 -12- 1111151l 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, :n' the spread of vectors, the person responsible for thd Residential Premises and each Commercial Premises Waste is generated or accumulated shall either m waste enterprise for the Collection of Solid Waste, obtain an exemption or self -haul permit fro e provided for in Section 8.36.045, below, an to im the Diversion and other goals manda y the C Management Act of 1989, as it may mend Administrative Authority determines that activities at any Residential or mmercial s Collection service as requirChapte , w informing the violation and requir is Chfor day - to-day operations does no bsc se hours of the notice, or an ex do violation of this Cha 8.36.045 E: The per: premise collect a S aste req to sub[ of all rate minimum ift) landfill Disp with applicabl 8.36.050 Fi City. we -being and to prevent a y operation of each the City at which Solid gements with a solid set in this Chapter, or Admini ve Authority, as element ures to reach alifornia In ted Waste om time toe. If the in charge of day - today has failed to subscribe for ritten notice may be sent If the person responsible within seventy -two (72) .36.045, the person is in -toy operations and activities at each for ption from subscribing to Solid Waste this Chapter. This person would be required to obtain er Article VII, and if approved for an exemption, is dministrative Authority identifying the disposition Este, y amount and location, demonstrating that a D %) of the Solid Waste generated was Diverted from nstrating that all material was handled in accordance ination of service levels and pickup locations by 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. -13- 15 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 activi or operations at each Commercial and Residential Premise from Collector. C. Containers must be capable of holdin out spilling, leaking or emitting excessive odors, all Solid Waste which Warily accumulate on the premise between successive Collections. ize ontainers must be consistent with City regulations or the prov' s of the cable Franchise agreement. D. The person responsible f y -to -day activity or rations for each Commercial and Residential ise maintain Waste Containers in a clean, safe and sanitary co n 8.36.070 Placement of corfdMkkw and bu A. No person may PI o to b ced for Collection Solid Waste or any Container containin lid r arlMulky Item, at any place or in any manner othe ecifie t Pranchise agreement. B. Any in Bulky permitt to be placed for Collection adjacent to a st ust be I ced b d but as close to the curbline or the street right -of- ine as ticable ny such Container or Solid Waste permitted to be pl for a t to an alley must be placed on the premise to t erty lin cticable. so y place a Container or Bulky Item adjacent to a stre ey, or pu igh ay before five thirty (5:30) p.m. on the day before the ction day se the ctor. All Containers and Bulky Items permitted to be for Collec mus be placed in a proper Collection location before seven (7: m. on th y of Collection. D. er th ollection of Solid Waste, each Container must be promptly rem er than ten (10:00) p.m. on the day of Collection and returned to a to n the premise where the Container cannot be viewed from the street and that i 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 -14 16 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 - today activity or ope tions at all premises, to sell Recyclable Material owned by that person, or to d Recyclable Material to a charity or any other entity other than a Collector. D. If the seller or donor of Recyclable ays the buyer or the donee any consideration for Collecting, proses Re g, transporting, or Disposing of the Recyclable Material, the tra ion shall a regarded as a sale or donation of Recyclable Material, but arrangemen he disposal of Solid Waste and shall be subject to this C r. Green Waste shall be cut and six (6) inches in diameter b Green Waste shall be placed in Waste. Green Waste shall not be Hazardous Waste. Ngg@g&Lpn sl Waste, nor contami permitted by the ' r a Soli xceed four (4) feet in length for Collection in a Container. for the Collection of Green i forms of Solid Waste or to ith other forms of Solid ribstance, unless specifically of prohibit an individual or entity from as long as the compost pile, compost bin, or i the street and conforms to applicable zoning 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 -15 17 removal pursuant to the process identified 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 f the premises or the property owner, in violation of this Chapter in accord with any applicable law. The notice to remove posted pursuant to this tion shall specify the nature of the violation and shall state that the u d container must be removed within twenty -four (24) hours or b pec date and time as determined by the Administrative Authority o se by ca sis or it may be impounded and held by the City Franchise Waste Colle esponsible for the public or private property location a the container wa used to be placed, and the contents Disposed of, a expe f the owne reof. The posting of a notice to remove shall const c ctive notice to the owner and user of the requirement to re ove the un zed container. B. If the unauthorize er is no oved within twenty -four (24) hours after the notice to remove r by t to and time specified on the notice, the Administrative Auth m t th oundment and storage of the unauthorized c r and i o ontain Solid Waste. The Administrative Aut direct awful osal of an unauthorized container's cont y the ty Fra isee, or any other qualified party as directed by the inistrati Authori the contents consist of putrescible matter, Medical , or W The contents shall be deemed to consist of Was er o e or all of the contents are potentially Recycl . se ere the owne of the unauthorized container, whether acti ne or i ce ' h others, including any affiliate, agent, broker or sub ractor, has ted, pted or arranged for, directly or indirectly, the paym f a fee or of cons ration in any form or amount from the customer in excha or renderi all or any aspect of the service for which the container was suppli a own f the container shall reimburse the City Franchisee for the actual co I ndment, storage and Disposal of the contents of the container. All a due to the City Franchisee for the cost of Impoundment and Disposal mus a 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 -�s 18 Administrative Authority shall provide a written notice to the person responsible for day -to -day activities and 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 tqp container was for a permitted salvage activity not otherwise proscribed by Chapter, the owner shall provide the Administrative Authority with infor n to substantiate that assertion. Said information shall be submitted with a from the owner and shall include, at a minimum, the following: 1. Description of the materials ue depo in the container and an estimate of their value. 2. Address, telephone nu and contact person a facility or facilities with whom the owner has arra for the tents to be essed or recycled, and proof of that arrangement. 3. Evidence that a facility o ies where the contents are destined to be processed or re carries a uisite approvals, permits, or other forms of authorization r i any rnmental agency having jurisdiction, to conduct processing ecy tiviti 4. A de on from c i g service, signed under penalty of perjury, ustom char no fee from the service provider in exch for se e, an at the contents of the container were either donated Id by the tomer t e service provider /owner. 5. dm' uth shall have the right to request such additional ' atio i of receipt of items 1-4 above as may be nec ful termining th validity of the owner's contest. 6. the inistrative Authority determines, in the exercise of rea ble discretio at t ner has supplied evidence sufficient to support it obt all licenses, rmit , nd other required City approval and that it can support contention at it was engaged in a permitted salvage activity involving s aterial a container shall be returned to the owner without any charge for re lo age of same. D. If finer that has been Impounded pursuant to this section is not claimed within irty (30) days after removal and notice to the owner, the container and 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 -17 19 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 administr tive costs which shall be paid by the owner before the container may be retu to the owner. If the container is unclaimed after notice is mailed to the and the expiration of the period set forth in subsection (D) of this s he container and its contents shall be deemed abandoned prope nd be disposed of accordingly. F. The fees required by this s all be establi by Resolution of the City Council. ARTICLE III: SOLID WASTE COLLECTION, AND COLLET 8.36.320 Solid waste franc The City Coun Solid Waste Franchid shall be in the fo three (3) affirma provisions of this effective f the Franc ' t this gffter.- 8.36.E ( A. I A conditions a concern. At c enterprise and 1 Chapter. QUIPMENT, i Xaexclusive, or nonexclusive Any ch Solid Waste Franchises nted by the City Council by at least agreement is silent on an issue, the Franchise agreement predates the nce this Chapter, the provisions of the overn over any inconsistent provisions contained in ;te Franchise may be granted on such terms and cil in its sole discretion shall establish as matters of local a Solid Waste Franchise shall name the solid waste Franchisee shall comply with the provisions of this 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 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 -18- 20 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 tkey may be amended from time to time. 4. The City Council may set maxim Solid Waste services including but not limited to m as single - family residential, multi - family, and comm 5. The Franchisee shall b ;V. charges billed or collected by each FranchisaWr its exceed the maximum schedule of fees an 6. The City shall have services upon the default of a Franchisee of the Franchisee, including a liqu ated dE 7. The Franc all by the City Council. 1 8. The City shall and the Franchisee shqUdj&LequirE B. Each 5ABIRMILL at minimum rates for by category such approved by i Dr le for su fees and s must not Council; Collection at the cost approved commercial recycling Franchise, must 4no nd in such specked and reasonable Franchise agreement. In addition, the term of its Franchise, workers' by law, or have in place a legally ch workers' compensation coverage, ents and endorsement forms as specified by City eest, at all times during the term if its Franchise, Clerk proof of insurance evidencing the existence of all s in such reasonable form as approved by the City D. In g whether to grant a Franchise, the City Council may consider, among o er 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 -19- 21 Wastes and /or Green Waste, 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 Waste haulers and for Collectors of Green Wastes wt Waste to a compostable materials handling facility or facility, as defined in 14 CCR Section 17852, as it time, or other site permitted (or exempt from p with all governing laws and regulations, and City. A. Any S Chapter is subject to in any act or cond categories: the public health to constitute a PL 2.4 Department of T anv of they for Recyclable Solid insport such Green i Waste composting fended from time to State in accordance Ik deliveries to the waste or recognized under this nation for cause if engaging r more of the following manner contrary to or which are found n of the State, the California California Air Resources Board, or a local enforcement agency, the condition of a Franchise affecting n v " "7federal or State law in which the Franchisee or or ployees are found guilty of any crime related to 3nchise agreement, of any crime related to anti -trust or Disposal of hazardous or toxic materials, or bribery 4. gaging in fraud or deceit upon the City, made or makes or uses any false, fict ous 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. -20- 22 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. 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 icable federal, State or local law or regulation, including but not limited to ws governing transfer, storage, or Disposal of Solid Waste and Hazard o te, Universal Wastes, and diversion rates required of the City by P R ces Code Section 41780(a)(2), or this Chapter; or (2) a Franchi is in defa f the terms of its Franchise, the Administrative Authority sh ise the Fran in writing of such suspected deficiencies. In any n notification of encies, the Administrative Authority shall set a re as le time in which t anchisee is to correct the deficiencies and respon n therwise specified in the Franchise, a reasonable time for esponse an ction of deficiencies shall be thirty (30) days from the receipt written n by the Franchisee. C. Response. At the i f the set for response from the Franchisee, the Administrative A rity evie record, including any written response from Franchi t deficiencies, and take either of the followi 1) res matte favor of the Franchisee; or (2) order remedi ion to any ch. In either event, the Administrative Authority shall ' m the Fr hisee i riting of the decision. A decision or order of the Ad rativ sh a final and conclusive unless the Franchise a n 11 ppe ity Council with the City Clerk (with a copy t nag ` d the City orney) within ten (10) days of mailing of the on. Th ce peal to the City Council shall state the legal basis an legal and I c tions of the Franchisee and shall include all evide including, b of li d to, affidavits, documents, photographs, CDs, and DV notice to peal to the City Council shall not be accepted by the City Clerk iling un accompanied by a notice of appeal filing fee in an amount to be y ouncil Resolution. D. Pu aring. Within sixty (60) business days of receipt by the City Clerk of a note 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 21- 23 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 termination of the Franchise, or decides to order the Franchisee to cease operations in the City, t1gWe. City Council in the exercise of its sole discretion, may order remedial actio cure the breach, or terminate forthwith the Franchise or order operation a City to cease. The decision of the City Council shall be final and concl 8.36.345 Restrictions on transfer of soli ste franWftes. A Solid Waste Franchise of the C' not be trans le, except as follows. A. A Franchise may not be ti shall any of the rights or privileges transferred either in whole or, part, equitable, or any right, interest r either by act of the Franchisee consent of the City Council and as fo B. An appli for a s manner prescribed inistra a franchise trans plicati ee in of the City Cou o cover anticipa' direct and indire dmi exi erred, sublet or ned, nor th ased, assigned, sold or nor title thereto, either legal or y there ss to or vest in any person, tion cilWwithout the prior written fran agreement. c ise must be made in a hority. a application must include mount to be established by Resolution cost of all reasonable and customary es including. but not limited to. consultan atto es a ,`necessary to analyze the application and to he for direct a d indirect expenses. In addition, the Fra a must urs City for all reasonable consultants, attorneys' and sta is not cove y t nchise transfer application fee, whether or not the approves t app tion for transfer. The City's demand for reimburs nt shall b upported by evidence of the expenses and costs incurred. Franc a and the applicant for transfer will be jointly and severally liab ayment of any reasonable consultants', attorneys' and staff costs not c y the franchise transfer application fee. C. The plicant 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 -22- 24 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, th Council shall have the power to approve, deny or modify in any respe articular instance the schedule of rates for the Collection of Solid from Commercial or Residential Premises in the City, based upon the es he rate increase to the Franchisee and weather or not said increa i I be det tal or injurious to the affected customers, and shall thereafter esolution ad rate schedule for Collection of Solid Waste. D. The Franchisee may petiti a City cil for an i se in the maximum rate to offset unusual change th nchisee's cos s of doing business, such as revised fe eral, State ounty laws, ordinances or regulations, significant changes osal cha or change of Disposal sites or processing facilities. 8.36.355 Liability A. The p rge of -day a`iities and operations of any Residential and ercial mises required by this Chapter to have Solid Waste Collectio ice or If -haul a ption permit and shall be liable for all applicable fees a ar . .ng uch collection, and /or is subject to self -haul r ; men orda rticle VII of this Chapter. tec lic health, safety, and well -being and to control the spre vectors, er esponsible for day -to -day activities and operations of Residential Co cial Premises in the City at which Solid Waste is gener or accumu d sh make arrangements for Collection, Recycling, and Dis I of that to generated or accumulated on those premises in accordanc the r irements of this Chapter, or shall obtain a self -haul permit in acc Article VII of this Chapter. The fees and charges, plus any interest or p s, shall be due and payable on the date stated on the bill. The person respon able for day -to -day activities and 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 -23- 25 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 t istration of the truck or vehicle, a copy of the permit issued by the City, insurance, and an identification card with the name of an accident or emergency. Each truck shall al five (5) pound fire extinguisher certified by th recharged as needed, but not less than once 3. Be identified with th ch vehicle number displayed in a prominent on. 4. Be made available fo D Administrative Authority at any po' t of o clean, and in good repair at all ti 5. To protect p City's residents, the noise level c compaction process s at a distance of twe of five (5) feet fro B. A oll any residential or City must:, icable, a certificate of n to telephone in case le a ed with a minimum mia S ire Marshal and ally. isee's name Xanve a unique �h at the discretion of the be properly maintained, kept d quiet enjoyment of the during the stationary - weighted decibels (dBA) vehicle and at an elevation vehicles. -d by the Franchisee or Collector to Collection of Solid Waste within the name of the Franchisee or or Collector, and a unique edIW posted with information stating the Container is of Hazardous Waste. Commercial Bins shall have side of the Commercial Bin that states the bin is not to be used for di al zardous Waste. 3. maintained in a manner that protects public health and safety and prevent a 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 identified 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 -24- 26 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, du ped, or disposed into the environment, or which has come to be located outsid authorized container on, at, or in the premises of which the person is arge. This cleanup responsibility includes the cleanup of Solid Was ing Recyclable Solid Waste and Green Waste which has come to b t tside an authorized Container for the Collection of such Solid Was twithstan human or animal interference with a Container, wind, or of turaI forces a hether during storage, Collection, removal, or transfer. purposes of this s n, the term "disposed into the environment" sha Jude, not be Ii to, the abandonment of or discarding of barrels, . e d other closed receptacles of Solid Waste or Liquid Waste of ny kind wh r. C. Each Franchisee or shall n up any Solid Waste spilled or otherwise released or discha a env ` ent during its Collection, removal, or transfer immediately n urre f the spill, release or discharge in a manner ved by t d u ority and is to inform the City verbally of the mm nd wit written report within two (2) hours of the inci ac h chise Collector shall clean up any leaks or spills from their cles and ipment the NPDES permit currently in effect in City. No fluids be . o st drains at any time. All NPDES dry- cleaning fires s om Fre cy hours of collection. N�hourseVen ll S Wa Collection from Residential Premises and Coremises acen o Residential Premises shall be made between the (7 :0 a.m. and six (6:00) p.m., Monday through Friday, and on s speci in subsection D of this section. of ste Collection from Commercial Premises not adjacent to Residential P s shall be made between the hours of six (6:00) a.m. and six (6:00) p.m., M day 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 (Y2) hour before the commencement of the regular school day and one -half (Y2) 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. -25- 27 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 act Residential and Commercial Premise in the City may such things as Bulky Waste, C &D Material, and T a City Franchisee or authorized Collector only. _ 0 8.36.385 Franchisee remedies. Nothing in this Chapter shall be AN5-rrson to limit the City to bring a civil action against shall a conviction for such violation exem by a Franchisee or the City. Allk- 8.36.390 City right of provi In addition to the franchise agreement, or modify each an City Manager asst provisions of this pter ARTI r City empty recognized Collect or i City. requ (r operations at each special Collections of Bin services through right oflAWnchisee or Oviolates this rapter, nor from a civil action brought Mlfih_aptM&nd the provisions of a s t to repeal, amend, add to, hapter d the City, City Council, or ns and policies to implement the D ACTS iblic health, safety, and well- being, no person except a chisee or authorized Collector or self -haul Permittee entity authorized under Article VII of this Chapter shall d Waste or Green Waste from any premises within the 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 -26- 28 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 vectors, no person other than a self -haul Permittee pursu contractor performing work within the scope of that contr with Section 8.36.750 of this Chapter, shall keep Solid Waste, in any Container other than a Container approve City; nor shall any person place Solid Waste in any Con franchised solid waste hauler (except pursuant to ) nor shall any person accumulate Solid Waste consecutive days; nor shall any person keep upon Waste which is offensive, obnoxious, or uYed constitutes a public nuisance and may b provided by law for the abatement of nuis 8.36.430 Removal of solid waste co No person, other than th erson operations at any Commercial o nt may remove or move any Conta placed for storage or Collection wit the person. d to control the spread of ant to this Chapter, or a actors license according Waste, including Green d jjy a Franchisee or the provided by a non - or VII of this chapter); AMOhm than fourteen (14) K pXoing n the City, Solid All of is unlawful, in the or hereafter for day - to-day activities or or a Solid Waste Collector, Woval ere the Container was of the responsible 8.36.435 Col n of s wast disposal. No pers sponsi for day- ay activities or operations at any Commercial or R nti h ollect, enter into an agreement to Collect, a fo ollecti portation or Disposal of Solid Waste, unles or p ns is authorized by the City to operate within the City by s of a li e, hise, contract, permit, operations agreement or oth e. All Soli ste ated, produced or accumulated in or about Resid or Comme I Pre ises in the City shall be Collected at least once per week. person w is the occupant or responsible party of any Residential or Commer remis hall fail or neglect to provide for the Collection of Solid Waste at lea s n as prescribed in this Chapter. Unless otherwise permitted by thi pter, the party responsible for day -to -day operations or activities of any esidential 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, -27- 29 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. Burning of solid waste. No person City, except in technology facility -nay cause or permit the in approved incinerator, or other device for which complies with all applicable permit authorities and provided any such other laws, rules, and regulations. Dumping of solid waste No person shall dump, de discharge, inject, bury, or dispos upon any premises within the City Waste to come to be located upon or permitted Solid WaUjifflotain facility approved for p Waste within the ;ility, conversion ssued and which pollution control &;Qies with all , pump, pour, emit, empty, any Solid or Liquid Waste ermit any Solid or Liquid except in an authorized or permitted Solid Waste waste caLIM40be placed for Collection any accepted designated for the Collection of any other form of Ift one other than the owner of the Recyclable Materials, to remove Recyclable Materials or Recyclable Solid motion in their containers labeled for use in connection with nsored 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 Wastes and Green Waste. -28- 30 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 Recygng to the City. 8.36.510 Application of section to large eve A. Large Events and Large Venue: and shall comply with all provisions of this Chap B. The following Large Events an requirements of this Chapter: 1. All events charging an ss seeks temporary or periodic use or occu y site or facility or public park within the City social event attended by or an ' ' ated to b than two thousand (2,000) in( vi r day o- rge venues. the requirements of subject to the ion pri a or for wh n applicant of lic street, P'Lwly owned commercial, recreational or ded by an average of more n. 2. All venues that u t or s an average of more than two thousand (2,000) individuals p ay o tion, uding but not limited to convention centers, unity t s,. amusement parks, recreational parks, r conc s locate ith the City. C. Th may c ae an Ilect a fee from an operator of a Large E� C1 At 8. 3blished by Resolution of the City > incurred in complying with this quirements. shall develop and submit to the Admin1lWive Authori wast'15 management plan for reducing and Recycling Solid Wa s part of application for a permit. The waste management plan shall includ follow' information: ate of the anticipated amount and type of Solid Waste generated and m I 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. -29- 31 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 here the material will be taken. Recycle weight tickets or receipts mu submitted to the Administrative Authority and the plan must be followe ore the Permittee shall be refunded their event security deposit, in part or i the City. D. All Large Event applicants and Lar en erators shall agree to the following: On or before October 1, , and on fore October 1, annually thereafter, the operator of a Administrative Authority, Franchisees a determine the appropriate waste reducti this Chapter. 8.36.530 Review of waste A. Time for Review. a' rejected no later than thirty (30) b permit is made for a L vent a for a Large Venue. Igor B. An . Thevildmini subject to condit4greasonqz nece and may consult he of the wall& mana elan Ven or any LaM has bee Authority: n r'rements. venue sha eet with the Collectors of the a Venue to aramsdmeet the re ments of page Ian shall be approved or ess er plee application for a for a ement plan is submitted e Authority may approve the plan to meet the standards of this Chapter �r Collectors concerning the viability pliance by Large Events and Large audits may be performed by the City iisee ver compliance with the approved waste plan. nding any r p on of this Chapter, no permit shall be issued for Event or L Ve unless and until the waste management plan proved, b d upon the following findings by the Administrative information required by Section 8.36.520 has been provided. 2. Wplan 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: -30- 32 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 aterials generated at the event or venue and provide contact information a where Solid Waste materials may be donated, Recycled or Compos his information may include, but is not limited to, providing informatio g the operator of the Large Event or Large Venue to the State we an er appropriate web site for information. 8.36.560 Penalties. Any Large Event or Large Venue tified Event or Large Venue not complying with t ac by the Administrative Authority be subje the security deposit submitte eir per compliance the City may also MOIRIMWition generated by the event or venue a ad Diversion goals of the ARTICLE VI. 8.36.600 wa m C &D deft erein, to 7DA type b ight, o Waste, i pliance create a me ism tc for the C &DM established by R CTIM AND Pr this Chapters a Large anagement plan approved ;fund of all or a portion of plication. Based on non- cessing of Solid Waste fie operator to meet the N MATERIAL MANAGEMENT icle is to establish regulations to reduce landfill bound equiring applicants for every Covered Project, as or FaaWle, a minimum of 65 percent (65 %), of material D Merial resulting from that project, including Inert State and local statutory goals and policies, and to ure compliance with said Diversion Requirements. Fees irocess and for the C &DMMP exemption process shall be 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 31- 33 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 ermit, and /or grading permit is not required. - lemksmr B. Any new residential or nonresidential c ction project valued at less than five hundred thousand dollars ($500,000) ity's Building Official; C. Residential or nonresidential alter s v at less than one hundred thousand dollars ($100,000) by the C' Building I. D. Projects for which only a p ing permit, e I permit, or mechanical permit, or any combination t , is required. E. Seismic tie -down projects. G. Installation of swimming pool H. Demolition or cons ction requi rotect public health or safety in an emergency, as defined i Resour ode Section 21060.3, as it may be amended from time to ti I. Other work the Admi rativ rity rmines will not produce a significant amount of - Materia 8.36.630 C All of th 's cons ion, de tion, and renovation projects, except as provided be lo Projects" pur provisi acti ' C &DM for val by the Divers ecurity De limited t rior plu Covered P ts. Ci f 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. public health Section 21060 project. nd of st, shall be considered "Covered this and shall be subject to all applicable rior to the start of any City construction or demolition hal repared by the City designated project manager mist Authority. The City is not required to submit a it for ity sponsored Covered Projects. City projects m g work, electrical work, or mechanical work are not emolition or construction projects required to protect an emergency, as defined in Public Resources Code may be amended from time to time, are not a covered 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 -32- 34 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, type f by t material. D. The estimated weight or residual C &D ials that would be transported for Disposal in a landfill or at a Transformat' cility. E. The estimated weight of Inert Waste, a type, to be removed from the waste stream and not disposed of in a soli ste fill. Each applicant will be provided informatis encouraged to have a salvage audit deconstruction project. The C &DMMP must receive ap roval by 1 issuance of any Building and SafqpkMnft for 8.36.645 Calculating volume In estimating thQMWj&me or the applicant shall on purpose. AF is V'onceming a 31ftge audit and ucted prior to c3Wencing any istrative Authority prior to ad Project. ntified in the C &DMMP, J by the City for this 8.36.650 Dec ruct" In ng t M s for demolition permits involving the remov o xisting struc ure shall consider Deconstruction to the ma ' extent ibl d shall make the materials generated thereby a a for salvag for eing transported for Disposal in a landfill or Trans tion facili econ ruction can be used to meet the Diversion Require provided i accounted for in the C &DMMP. 8.36.655 M iversion security deposits. Each app for a permit for a Covered Project, except the City, shall submit a Construct on and Demolition Diversion Security Deposit along with the C &DMMP. The 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 -33- 35 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 th ree conditions have been met, the Administrative Authority shall mark &DMMP "Approved ", return a copy of the C &DMMP to the applicant, an a Division of Building and Safety that the C &DMMP has been approved. 8.36.665 C&DMMP review denial. If the Administrative Authority de es that the C &DM ils to meet the conditions specified in Section 8.3 then,& Administra Authority shall either: A. Return the C &DM to the ap marked "Denied" including a statement of reasons, and so a Divisio Building and Safety, which shall then hold the project's perm B. Return the C &DMM the nit d "Further Explanation Required ", including a ent of o ti the Division of Building and Safety, which s Id the sperm . If the A ant Bete es dur the course of the project that the estimated tonnag C I t e generated and /or recovered or Disposed om ect i tially different from the C &DMMP, applic it a dendum to t e original C &DMMP. 8.3 0 Applic n refund and return of diversion security ety (9 days after the final project permit sign -off of any CovereEN the plicant shall submit to the Administrative Authority documt applicant has met the Diversion Requirement for the approved apply for a refund of the Diversion Security Deposit. If documentation is of 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. 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 -34- 36 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 a emolition material diversion. Applicants shall make reasonable efforts su t all C &D Material Diverted or delivered to disposal facilities Disposal, measured and recorded using the most accurate metho measurement ilable. To the extent practical, all C &D Materials, an rt Waste to be re d from the waste stream and not disposed of in a waste fill, shall b ighed on scales. Such scales shall be in complianc ate and County regulatory requirements for accuracy an maintenan r C &D Material for which weighing is not practical due t ize or o considerations, a volumetric measurement shall be used. c on of metric measurements to weight, the applicant shall use th tan co ion rates approved by the City for this pu Docu at' o egoing shall consist of photocopies of re t tic to tic and other records from recycling faciliti econst ion c actors, solid waste enterprises and disposal facilitie 8.36.6 80 eter o and release of diversion security dept e Admin ive ority shall review the information submitted under Sec 8.36.670 to to whether the applicant has complied with the C &D as follows: A. Full Comp ce. If the Administrative Authority determines that the applicant h fly co d with the C &DMMP requirements applicable to the project, the n' ve Authority shall cause the full Diversion Security Deposit to be re to the applicant. B. Goo 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 -35- 37 Security Deposit, or a 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 ay authorize a partial refund of the Diversion Security Deposit when the Diver ' equirement has not been met. Any partial refund shall be made i same ratio as the demonstrated amount of diverted C &D Material Waste, respectively, waste bears to sixty -five percent (65 %) by w T maining Diversion Security Deposit non - refunded shall be forfeit the City. E. Withdrawal of Permit Applicat' he Administr Authority may authorize the refund of any Diversion S Deposit of the p application for a Covered Project is withdrawn or ca ed prior ork Comm g. F. Diversion Security Deposits e e City may be used only for payment of Diversion Sec 'ty Deposit ds; costs to administer the program established by this Art' cost of ams to achieve Diversion of C &D Materials from Disposal at t ilities. y �x 8.36.685 C &DMMP mption 43. ' A. Appli Appli r a Cod ed Project experiences or anticipates uniqu umsta s that pplicant believes make it non feasible to comply with Diversi Require t, the Applicant may apply for an exemption at the tha ligant mits the C &DMMP required under this Chap he A sha n the C &DMMP the maximum rate of Divers' ica lieves is fe sible for each material, by weighted per e, and a ircumstances that the Applicant believes make it no sible to co with Diversion Requirement. A review fee for the C &D exemption cess all be established by Resolution of the City Council. B. eting the Administrative Authority. The Administrative Authority sha ie information supplied by the Applicant and may meet with the Appli o discuss possible ways of meeting the Diversion Requirement. Ba d 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. -36- 38 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 Admini conclusive unless the Applicant files a notice the City Clerk (with a copy to the City Mana (10) days of mailing of the decision. Th shall state the legal basis and all legal c and shall include all evidence, including, p photographs, CDs, and DVDs. A notice to accepted by the City Clerk for f ' g unless filing fee in an amount to be est by Re: B. The written appeal si than sixty (60) business days from da C. The final _a made he ARTICLE VII: SELF - HAULERS of appeal ti I contentions shall be final and City Council with rney) within ten City Council Franchisee e City Council shall not be lied by a notice of appeal of the City Council. kthe City Council no more all be in writing, stating ;ion shall be final and Authority may inspect project sites 3tion of any provision of this Article may be e to the City, including, but not limited to an ny civil enforcement action, to recover its attorney's fees court of competent jurisdiction 8.36.720 Self -haul exemption. administrative or and costs from a to have violated 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. -37- 39 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 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 perm must be made on the form provided by the City and submitted to the Administ Authority for review and determination as to eligibility. D. Persons issued a Solid Waste self -hau ay not: (1) dispose of the Solid Waste generated on their premises in th nta f another premises or in any public street or park Container, or t erwise se of their Solid Waste in violation of this Chapter. E. An exemption from Solid service by self -ha rmit or any extension of such an exemption permit s emain for one (1) ndar year or the partial calendar year from January to . Renewals of olid Waste exemption permits must be resubmitt ed an y December 1 for the next calendar year. F. If the Administrativ u determ that the holder of a Solid Waste self -haul permit is not comp or requirements of thj&g6Lapter Permittee to correctAddIIIIINNions days, City may r of day - to-day ac arrangement for for billing tgjkg f 8. o enable occupan Naprem operatiofrom the materials Ventura. or o wi nd' of the exemption permit od o will be given to the +ttee fa o comply within thirty (30) issue a citation to the person in charge fo lation of this section and require the Wa service at the premises and arrange activities or operations. I at authorized sites. Offiffriply with Diversion rates required by AB 939, lid N15ste, including Green Waste, which they, or f which they are in charge of day - to-day activities or ( "self- haulers') may obtain a self -haul exemption permit that person to transport that Solid Waste to a licensed transfer station, or Disposal facility within the County of 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 -38- 40 within the required frequency shall be a basis for revocation of a self -haul exemption permit. 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 wned containers and vehicles, and vehicles capable of transporting said al, by contractor's employee(s). Contractor must abide by Article VI if the fitted project falls within a Covered Project. If contractor does not own the and vehicles, or if the C &D Material is to be transported by a perso oth n the contractor's employees, the self -haul option is not applicabl ARTICLE VIII; ENFORCEMENT 8.36.820 Enforcement. Pursuant to California City Manager's designee(s) is as well as those of California I 374d, and 375; CalifoudehG California Vehicle C time to time. enforcement po the authority to 8.36 or officer, ,and officers. e Sectio .5, the City Manager or the z nforce rovisions of this Chapter Ana a 37 , a, 374.2, 374.3, 374.4, rem s 60855 et seq.; and the 2311 23112, a they may be amended from II be i ddition to the authority granted to law to this m ' ipal code, including, but not limited to, C al violations, when appropriate. designees. iter enforcement authority is given to any City may be exercised by designees of those 8.36.850 . Ieo unishable. Except provided by this Chapter, violations of this Chapter are punishable as se apters 1.10 through 1.16 of the Code. -39- 41