HomeMy WebLinkAboutAGENDA REPORT 2010 1117 CC REG ITEM 11A ITEM 11.A.
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ACTION: ORDINANCE NO. 394
NANCE OF THE CITY COUNCIL OF THE
MOORPARK, CALIFORNIA AMENDING
AND RESTATING IN ITS ENTIRETY CHAPTER 8.36
OF TITLE 8 OF THE MOORPARK MUNICIPAL CODE
RELATIVE TO SOLID WASTE
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
"Chapter 8.36
SOLID WASTE
Sections:
Article I. General Regulations
8.36.000 Purpose.
8.36.010 Definitions.
8.36.020 Origin, storage, and ownership of solid waste.
8.36.030 Provisions of service.
8.36.035 Persons authorized to collect and transport solid waste.
8.36.040 Collection arrangements required.
8.36.045 Exemption from collection requirements.
8.36.050 Final determination of service levels and pickup locations by City.
8.36.070 Placement of containers and bulky items.
8.36.075 Recyclable materials and recyclable solid waste collection.
8.36.080 Green waste collection.
8.36.085 Composting.
Article II. Unauthorized Containers
8.36.220 Placement of unauthorized containers—prohibited.
8.36.230 Removal of unauthorized containers.
8.36.320 Solid waste franchise requirements.
8.36.325 Contents of franchise.
8.36.330 Fees.
8.36.340 Revocation, suspension, or termination of solid waste franchises.
8.36.345 Restrictions on transfer of solid waste franchises.
8.36.350 Collection rates.
8.36.355 Liability for collection charges and fees.
8.36.360 Collection equipment.
8.36.365 Clean up of solid waste spills.
8.36.370 Frequency and hours of collection.
8.36.380 Special collection.
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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 other forms of waste prohibited.
8.36.480 Scavenging.
8.36.490 Public nuisance.
Article V. Large Event and Large Venue Waste Management
8.36.500 Purpose.
8.36.510 Application of section to large events and large venues.
8.36.520 Waste management plan requirements.
8.36.530 Review of waste management plan.
8.36.540 Waste management compliance reporting.
8.36.550 Actions by the city.
8.36.560 Penalties.
Article VI. Construction and Demolition Materials Management
8.36.600 Purpose.
8.36.620 Covered projects.
8.36.625 Exempt projects.
8.36.630 City sponsored projects.
8.36.635 Compliance as a condition of approval.
8.36.640 Construction and demolition materials management plan (C&DMMP).
8.36.645 Calculating volume and weight of material.
8.36.650 Deconstruction.
8.36.655 C&DMMP diversion security deposits.
8.36.660 C&DMMP review approval.
8.36.665 C&DMMP review denial.
8.36.670 Application for refund and return of diversion security deposits.
8.36.675 Documentation of construction and demolition material diversion.
8.36.680 Determination of compliance and release of diversion security deposit.
8.36.685 C&DMMP exemptions.
8.36.690 Appeals.
8.36.695 Enforcement.
Article VII: Self-Haulers
8.36.720 Self-haul exemption.
8.36.730 Self-haul disposal at authorized sites.
8.36.740 Self-haul reporting requirements.
8.36.750 Licensed contractors.
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Article VIII: Enforcement
8.36.820 Enforcement.
8.36.830 Enforcement by designees.
8.36.850 Violations punishable.
Article I. General Regulations
8.36.000 Purpose.
The purpose of this chapter is to provide a uniform procedure, regulation
and control for the collection and transportation of solid waste, discards, and
recyclable commodities to a city designated disposal site, and to provide for the
regulation and control of the collection and diversion of solid waste from disposal
at landfills through recycling, composting, or transformation of recyclables, and
related provisions, in order to protect the public peace, health, safety, and
general welfare of the people of the city. The city has determined that storage,
accumulation, collection and disposal of solid waste, as well as recyclable
material, is a matter of public concern in that improper control of such matters
creates a public nuisance, which may lead to air pollution, fire hazards, illegal
dumping, vector breeding and infestation, and other problems affecting the
health, safety and general welfare, of the residents of the city. Chapter 8.36
"Solid Waste" is enacted in order to protect public health, safety and well-being, to
control the spread of vectors and to limit sources of air pollution, noise, and traffic
within the city, and pursuant to the authority of Article XI, § 7 of the California
Constitution, and the Public Resources Code, Title VIII, as they may be amended
from time to time.
8.36.010 Definitions.
For the purposes of this chapter the following words and phrases shall have
the meanings respectively defined as follows, unless it is apparent from the context
that a different meaning is intended. Words and phrases not defined by this section
shall have the meaning defined in Division 30, Part 1, Chapter 2 of the Public
Resources Code, §§ 40000, et seq., and the regulations of the State of California, if
defined therein, and if not, to the definitions found in the Resource Conservation
and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901, et seq. and the regulations
implementing RCRA, as they may be amended from time to time. If the word is not
defined within this chapter, the word shall be as defined elsewhere in the Moorpark
Municipal Code; if the word is not defined in the Moorpark Municipal Code the word
shall be used as defined in Webster's Unabridged Dictionary, latest edition, most
appropriate context.
"AB 939" or"Act" means the California Integrated Waste Management Act of
1989, (sometimes referred to as "AB 939"), codified in part at Public Resources
Code, §§ 40000 et seq. as they may be amended from time to time.
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"Adequate Service" means the combination of the number of collections,
number of containers, and the size of containers necessary so as not to cause the
accumulation of solid waste to a level that exceeds the lowest top edge of the
container and disallows the container lid to completely shut or causes the
accumulation of solid waste outside of collection containers.
"Administrative Authority" means the city manager or person designated by
the city manager to administer the provisions of this chapter.
"Agreement" means the franchise agreement between the city and
franchisee for the collection, recycling, processing and disposal of solid waste and
construction and demolition material from residential and commercial premises in
the city.
"Applicant" means any individual, firm, limited liability company,
association, partnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity whatsoever who applies
to the city for a permit, as defined in this chapter, and who is, therefore,
responsible for meeting the requirements of this chapter.
"Basic Level of Service" means, with respect to residential collection service,
one collection of each residential solid waste container per week or that level of
collection and disposal service necessary to provide for the collection of solid waste
generated weekly by each single family residence as specified in the franchise
agreement. Basic level of service means, with respect to commercial collection
service, that level of collection and disposal service necessary to provide adequate
service.
"Bulky Waste" or "Bulky Goods" means solid waste that cannot and/or would
not typically be accommodated within a residential solid waste container including,
but not limited to, large and small household appliances, furniture, carpets,
mattresses, white goods, tires, oversized yard waste such as tree trunks and large
branches if no larger than two feet (2) in diameter and four feet (4') in length, and
that the bulky goods do not exceed size or weight that can be moved by two
persons and are discarded from residential premises in the city which a solid waste
collector has agreed to collect.
"C&D" means construction and demolition.
"C&D Materials Management Plan" (C&DMMP) means a completed
construction and demolition materials management plan form, approved by the
city for the purpose of compliance with this chapter, submitted by the applicant
for any covered project.
"Charges" means the monetary amount permitted to be collected for solid
waste collection, related services, and equipment rental and temporary bin service
by a franchisee under a residential franchise or commercial franchise under this
chapter.
"City" means the city of Moorpark, California, a municipal corporation.
"City Manager" means a person having that title in the employ of the city.
"City-sponsored Project" means a project constructed by the city or a
project receiving fifty percent or more of its financing from the city.
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"Civic Solid Waste Containers" means city-owned receptacles located in
public areas for disposal of solid waste generated by the public.
"Code" means the city of Moorpark Municipal Code.
"Collection" means the act of collecting solid waste at or near the place of
generation or accumulation, by a solid waste collector which has made
arrangements with the person in charge of day-to-day activities or operations of the
premises for the collection of solid waste.
"Collector" means, depending upon the context in which used, either the city,
another local agency, or an authorized franchisee, permittee, or licensee who
collects solid waste.
"Commercial Bin" means a bin provided by a franchisee, between one and
one 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 this chapter). The term
"Commercial Premises" is a reference to location, zoning, and use, and not to
ownership.
"Commercial Solid Waste" means all types of solid waste, including green
waste and recyclable solid waste, generated or accumulated at commercial
premises and placed in commercial bins.
"Composting" means the controlled and monitored process of converting
organic waste into compost by decomposition.
"Construction" means the building of any facility or structure or any portion
thereof including any tenant improvements to an existing facility or structure.
"Construction and Demolition Material" (C&D material) means the excess
or discarded materials, which are removed from a site during or after the
construction, renovation, remodeling, repair, deconstruction or demolition of any
premise, structure, fence, wall, or paving project or from landscaping.
"Construction and Demolition Diversion Security Deposit" or "Diversion
Security Deposit" means cash or a letter of credit in a form acceptable to the city
manager, submitted to the city pursuant to Section 8.36.655 of this chapter.
"Construction and Demolition Facility" means any city authorized solid waste
disposal facility with the specific ability to accept and recycle or divert C&D material.
"Container" means all collection containers provided by or accepted by the
franchisee and approved by the city manager for collection of solid waste,
recyclable solid waste, green waste, and C&D material from residential premises
and commercial premises.
"Conversion Rate" means the rate set forth in the standardized
conversion rate table approved by the city pursuant to this chapter for use in
estimating the volume or weight of C&D material, approved by the state.
"Covered Project" means any project for which a city building permit is
required that consists of demolition work regardless of cost, or any new
construction project valued over $500,000 or any renovation/tenant improvement
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project valued over $100,000, and all city sponsored demolition, construction, or
renovation projects regardless of cost.
"Deconstruction" means the careful disassembling of facilities, buildings or
structures, whether in whole or in part, whether interior or exterior, in order to
salvage as much material as possible.
"Demolition" means the decimating, razing, ruining, tearing down or
wrecking of any facility, structure, wall, fence, pavement or building, whether in
whole or in part, whether interior or exterior.
"Disposal" means the management of refuse through landfill deposit or
transformation at solid waste facilities permitted under applicable law.
"Diversion Requirement" means the diversion of at least sixty-five percent
(65%) of the total construction and demolition material generated by a covered
project, including inert waste and that construction and demolition material is
removed from the solid waste stream and not disposed of in a solid waste landfill,
unless the applicant has been granted an exemption pursuant to Section
8.36.685, in which case the diversion requirement shall be the maximum feasible
diversion rate established by the administrative authority in relation to the project.
"Divert" or "Diversion" means activities which reduce or eliminate the
amount of solid waste material disposed of in a landfill or transformation facility.
See Public Resources Code Section 40124 as it may be amended from time to
time.
"Electronic Waste" see "Universal Waste".
"Franchise" means the right and privilege granted by the city: (1) to make
arrangements for the collection of and to collect solid waste, (2) to transport solid
waste to landfills, transformation facilities, compostable materials facilities, green
waste facilities, as defined in Title 14 California Code of Regulations Section 17852,
as it may be amended from time to time, or other licensed solid waste management
facilities, and/or (3) to process and recycle solid waste collected within the city.
"Franchise, Commercial" means a franchise issued under this chapter that
grants to a franchisee the exclusive right to collect and transport on a regular,
recurring basis solid waste from commercial premises.
"Franchise Fee" means the fee or assessment imposed by the city on a solid
waste enterprise which holds a solid waste franchise.
"Franchise, Residential" means a franchise issued under this chapter which
grants to franchisee the exclusive right to collect and transport solid waste from
residential premises.
"Franchisee" means a solid waste collector designated as a franchisee
pursuant to a commercial franchise or residential franchise by the city council
authorizing the solid waste collector to provide solid waste services within the city.
"Generator" means any person or other entity which produces solid waste.
"Green Waste" (sometimes referred to as yard waste or yard trimmings)
means a form of solid waste composed of leaves, grass clippings, brush,
branches and other forms of organic matter generated from landscapes and
gardens, separated from other forms of solid waste, and scrap lumber. "Green
Waste" also includes holiday trees including, but not limited to, un-flocked, bare
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holiday trees and bushes. "Green Waste" does not include stumps or branches
exceeding six inches (6") in diameter or four feet (4) in length or scrap lumber
which does not fit into a green waste container, nor does it include highly
invasive plant material such as yucca, cactus, bamboo; palm fronds; succulents;
treated or painted lumber; and other materials that are not suitable for
composting.
"Hazardous Waste" means any waste materials or mixture of wastes defined
as a "Hazardous Substance" or "Hazardous Waste" pursuant to the Resource
Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the
Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA"), 42 U.S.C. §§ 9601 et seq., or the Carpenter-Presley-Tanner
Hazardous Substance Account Act, ("HSAA"), California Health and Safety Code
§§ 25300, et seq., as they may be amended from time to time, or as defined by the
state. If there is conflict in the definitions employed by two or more agencies having
jurisdiction over hazardous waste or solid waste, the term "Hazardous Waste" will
be construed to have the broader, more encompassing definition.
"Industrial Waste" means solid, semi-solid, liquid or gaseous, unwanted or
residual materials, not including hazardous or biodegradable waste, from an
industrial operation including wastes produced in large quantities from factories,
industrial plants, and mining operations.
"Impound" or "Impoundment" means the removal and storage of a
container, bin, drop-off box or any other receptacle.
"Inert Waste" shall have the meaning ascribed by Public Resources Code
Section 41821.3(a)(1), as it may be amended from time to time.
"Integrated Waste Management Services" means managing waste by
multiple techniques to achieve solid waste and resource conservation goals. The
techniques may include, but are not limited to, waste reduction, reuse, recycling,
composting, transformation, disposal to landfills, and other means.
"Large Event" means any event that charges an admission price, or is
operated by a local agency, or for which an applicant seeks temporary or periodic
use or occupancy in or on a public street, publicly owned site or facility or public
park within the city for a civic, commercial, recreational or social event attended
by more than two thousand (2,000) persons, including workers, per day of
operation.
"Large Venue" means a facility that annually seats or serves an average of
more than two thousand (2,000) individuals per day of operation, including
workers, such as, but not limited to, convention centers, community centers, golf
clubs, amusement parks, recreational parks, theaters and concert halls located
within the city and any other facility or place that is a "Venue Facility" for
purposes of Public Resources Code Section 42648, as it may be amended from
time to time. For purposes of this chapter, a site under common ownership or
control that includes more than one large venue that is contiguous with other
large venues in the site is a single large venue.
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"Liquid Waste" means liquid material, including but not limited to, oil,
harmful solvents, antifreeze, and paints, as well as liquid that may reside in
solid waste or green waste and seep from said material.
"Medical Waste" means waste capable of producing an infection or
pertaining or characterized by the presence of pathogens, includes but is not limited
to syringes, needles, lancets, vials, soiled medical clothing or sheets.
"NPDES" means National Pollutant Discharge Elimination System Permit
currently active and in effect in the city.
"Permittee" means a person or an entity that is issued a self-haul
exemption permit under this chapter.
"Post-consumer Material" as defined in Public Contract Code Section
12200(b), as it may be amended from time to time, means a finished material
which would have been disposed of as a solid waste, having completed its life
cycle as a consumer item, and does not include manufacturing wastes. Post-
consumer material is generally any product that was bought by the consumer,
used, and then recycled into another product.
"Processing" means the reduction, separation, recovery, conversion or
recycling of solid waste.
"Project" means any activity for which a building, demolition, grading or
other similar permit is required. See also "Covered Project", above.
"Recyclable Material" means an item, or items, that has commercial value
and that is sold for compensation or donated to an entity other than a solid waste
collector. Recyclable materials are commodities and therefore not part of the waste
stream. Recyclable materials lose their character as recyclable materials upon
being disposed of in the waste stream, thereby becoming solid waste subject to this
chapter.
"Recyclable Solid Waste" means a form of solid waste designated as a
recyclable solid waste by the city, the state, or any other agency with jurisdiction
and which has been separated by a solid waste service recipient from non-
recyclable solid waste.
"Recycling" means the process of collecting, sorting, cleansing, treating
and reconstituting or otherwise processing materials that would otherwise be
disposed of as solid waste, and returning them to economic mainstream in the
form of raw material for new, reused or reconstituted products which meet the
quality standards necessary to be used in the marketplace.
"Refuse" see "Solid Waste".
"Renovation" means any change, addition or modification in an existing
structure that requires a building permit or demolition permit but does not include
a project limited to interior plumbing work, electrical work, or mechanical work.
"Residential Premises" means all lots or parcels in the city designed or
zoned for residential purposes, excluding premises with multi-family structures of
five (5) or more units.
"Residential Solid Waste" means all types of solid waste, including green
waste and recyclable materials, generated or accumulated at residential premises
and placed in residential containers for accumulation and collection.
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"Reuse" means further or repeated use of C&D materials, inert waste, or
other solid waste therefore diverting the material from disposal in a landfill.
Reuse includes the use, in the same or similar form as it was produced, of a
material that might otherwise be discarded.
"Salvage" means the controlled removal of C&D material from a permitted
construction or demolition site for the purposes of recycling, reuse, or temporary
storage for later recycling or reuse.
"Solid Waste" means all putrescible and non-putrescible solid, and semisolid
wastes, including but not limited to garbage, trash, refuse, paper, rubbish, ash,
C&D material, discarded home and industrial appliances, manure, vegetable or
animal solid or semi-solid wastes, and other discarded solid or semi-solid wastes,
and has the meaning ascribed to it by the California Public Resources Code §§
40000, etseq., as they may be amended from time to time. Recyclable material is
considered solid waste for purposes of this chapter if it is disposed of in the solid
waste stream and not separated out as recyclable material. The term "Refuse" shall
be synonymous with the term "Solid Waste" in this chapter.
"Special Waste" means, but is not limited to, flammable waste;
containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.); waste
transported in a bulk tanker; liquid waste; sewage sludge; waste from a pollution
control process; residue and debris from the cleanup of a spill or release of
chemical substances, or commercial products; contaminated soil, waste, residue,
debris, and articles from the cleanup of a site or facility formerly used for
generation, storage, treatment, recycling or reclamation; dead animals;
wastewater; explosive substances; radioactive materials; materials which have
been exposed to highly infectious or contagious diseases; hazardous materials;
and hazardous waste.
"State" means State of California.
"Temporary Bin" means a collection container of no less than one and
one-half (1.5) cubic yards in capacity and no greater than forty (40) cubic yards in
capacity provided by or accepted by a franchisee, licensee or permittee and
approved by the city for temporary collection of solid waste, recyclable solid waste,
green waste, and C&D material from residential premises and commercial
premises.
"Transformation" means incineration, pyrolysis, distillation, gasification, or
biological conversion other than composting.
"Universal Waste" means universal waste electronic devices (UWEDs),
cathode ray tubes (CRTs) and other universal wastes as defined by the
California Department of Toxic Substances Control or a successor agency,
including but not limited to non-empty aerosol cans, fluorescent tubes, high
intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a
characteristic of a hazardous waste, batteries, mercury thermometers, and
mercury containing switches.
"Waste Management Plan" means a plan for reducing and managing
waste for a large event or large venue, submitted to the administrative authority
for review in compliance with this chapter.
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"White Goods" means discarded household appliances that have been
historically, but may or may not be, enameled, such as refrigerators, freezers,
stoves, washer/dryers, dishwashers, water heaters, and other similar items.
8.36.020 Origin, storage, and ownership of solid waste.
A. No person may store, accumulate, or maintain any solid waste on
any commercial or residential premises, unless such solid waste was generated
by a lawful use located on such premises. The storage and accumulation of solid
waste on any premises permitted under this code may be temporary only, and
only at such locations as are permitted by this code. Except as expressly
provided in this chapter, solid waste must be stored in a container in accordance
with this chapter, must be kept free of all hazardous materials and special
wastes, and must be placed for collection at the next regularly scheduled
collection date for the premises, following the generation and accumulation of
such solid waste or otherwise removed lawfully from the premises prior to the
next regularly scheduled collection date for the premises.
B. No person may place, or cause to be placed, solid waste in any
container located on any sidewalk, street, roadway, alley or driveway or upon any
commercial or residential premises, whether public or private other than real
property owned or leased by such person nor set out or cause to be set out for
collection any solid waste other than solid waste originating on their commercial
or residential premises.
C. No person shall accumulate keep or deposit any solid waste in
such a manner that a public nuisance is created, including, but not limited to,
allowing flies, mosquitoes, rodents, or any other vectors to breed or inhabit
therein.
D. Upon placement of solid waste from a residential premises at a
designated collection location, or placement of solid waste from a commercial
premises in a container provided by an authorized franchise or solid waste collector
for collection of solid waste, the solid waste becomes the property of the solid
waste collector.
8.36.030 Provisions of service.
In order to protect public health, safety and well-being, to control the spread
of vectors, and to limit sources of air pollution, noise and traffic within the city and
pursuant to California Public Resource Code 40059, as it may be amended from
time to time, or any successor provision or provisions thereto, the city shall have,
and hereby retains, the authority to issue permits or licenses or enter into
agreements, including exclusive permits and agreements, for solid waste collection
services as provided by this chapter and with the terms and conditions imposed by
the city council. The city council may grant one or more exclusive solid waste
franchises to one or more solid waste enterprises to make arrangements with the
persons in charge of day-to-day activities or operations at commercial and
residential premises in the city for the collection, transfer, recycling, composting and
disposal of solid waste within and throughout the city.
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A. Manner, time and frequency of collection. A solid waste enterprise
which arranges for the collection of solid wastes shall make arrangements with its
customers specifying the manner in which integrated waste management services
are to be provided, subject to the terms of its solid waste franchise, as well as to the
city's exercise of its police powers to protect public health, safety and well-being
and to limit the spread of vectors and limit sources of noise and air pollution within
the city by prohibiting the collection of solid waste between certain hours and on
certain holidays.
B. Categories. In order to carry out its duties to plan for the
management of vehicular traffic and mitigate adverse air quality effects, the city
council may determine solid waste management collection categories, including but
not limited to, e.g., residential, multifamily residential, commercial, industrial, C&D,
temporary bin and roll-off box, special event, large event, electronic waste,
universal waste, medical waste, and household hazardous waste, recyclable
material, green waste, and others and may make or impose solid waste franchise,
license, contract or permit requirements which vary for such categories.
C. The city shall have the ability to provide for or furnish integrated
waste management services relating to collection, transfer, processing and disposal
of solid waste including but not limited to discards, C&D material, recyclable
material, green waste and hazardous waste within and throughout the city. Such
services may be furnished by any one of or any combination of the following (1) city
officers and employees, (2) contractors franchised, permitted or licensed by the city,
or (3) agreement with another local agency.
8.36.035 Persons authorized to collect and transport solid waste.
A. Except as expressly provided in subsection B of this section, no
person(s) may collect or transport solid waste, recyclable material or green waste
from any location within the city unless such person(s) is an authorized, franchised,
licensed or permitted solid waste collector or has a self-haul exemption permit from
the city. It is unlawful for any person(s) to permit or enter into any agreement for
the collection or transportation of solid waste or green waste with any person who is
not a franchised, licensed, or permitted solid waste collector.
B. The collection and transportation of the following types of solid waste
under the circumstances indicated are exempt from the provisions of subsection A
of this section.
1. C&D material removed from the premises by a licensed
contractor with a valid Moorpark business registration and any necessary permits,
using their own employees and proper equipment as an incidental part of a total
service provided by said contractor and abiding by Article VII of the Moorpark
Municipal Code.
2. Green waste generated by an agricultural use on a lot where
such use is permitted pursuant to applicable provisions of the Moorpark Municipal
Code.
3. Hazardous waste or medical waste.
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4. Recyclable materials generated on a commercial or residential
premises that are separated or caused to be separated from solid waste by the
responsible person for such premise, and sold or donated by said person.
5. Solid waste removed by a city officer, employee, or agent in
the course of official duty.
6. Waste that is the by-product of sewage treatment.
7. Green waste removed from the premises by gardening,
landscaping, or tree trimming licensed enterprise with a valid Moorpark business
registration and any necessary permits performing work within the scope of
performed work permitted by their license.
C. All solid waste collected in the city under subsection B of this section
must be transported to a materials handling, recovery, transfer, or disposal facility,
or other site permitted by the state in accordance with all applicable laws and
regulations or reused.
8.36.040 Collection arrangements required.
In order to protect the public health, safety, and well-being and to prevent
the spread of vectors, the person responsible for the day-to-day activities or
operations of each residential premises and each commercial premises within the
city at which solid waste is generated or accumulated shall either make
arrangements with a solid waste enterprise for the collection of solid waste, as set
forth in this chapter, or obtain an exemption or self-haul permit from the
administrative authority, as provided for in Section 8.36.045, below, and then to
implement measures to reach the diversion and other goals mandated by the
California Integrated Waste Management Act of 1989, as it may be amended from
time to time. If the administrative authority determines that the person in charge of
day-to-day activities or operations at any residential or commercial premises has
failed to subscribe for collection service as required by this chapter, a written notice
may be sent informing the violation and requirements of this chapter. If the person
responsible for day-to-day activities or operations does not subscribe to service
within seventy-two (72) hours of the notice, or obtain an exemption per Section
8.36.045, the person is in violation of this chapter.
8.36.045 Exemption from collection requirements.
The person responsible for day-to-day activities or operations at each
premise may apply to the city for an exemption from subscribing to solid waste
collection service pursuant to this chapter. This person would be required to obtain
a solid waste self-haul permit per Article VII, and if approved for an exemption, is
required to submit reports to the administrative authority identifying the disposition
of all generated solid waste, by amount and location, demonstrating that a minimum
of fifty percent (50%) of the solid waste generated was diverted from landfill
disposal, and demonstrating that all material was handled in accordance with
applicable law.
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8.36.050 Final determination of service levels and pickup locations by
City.
The administrative authority may make the final determination as to
where containers shall be located for collection and storage, and the proper service
level, including number and size of containers and frequency of solid waste
collection. Prior to, or absent alternative direction from the administrative authority,
customers and solid waste enterprises may select service levels and container
locations.
8.36.060 Containers.
A. Each collector must provide and maintain containers for the
temporary storage and disposal of solid waste for both commercial and
residential customers of the collector pursuant to the terms this chapter and any
franchise.
B. Containers must be constructed of metal, plastic, or other material
approved by the city manager and residential containers must possess a fire
resistant lid, which shall be utilized at all times. All bins must be rented or
purchased by the person responsible for day-to-day activities or operations at
each commercial and residential premise from collector.
C. Containers must be capable of holding without spilling, leaking or
emitting excessive odors, all solid waste which would ordinarily accumulate on
the premise between successive collections. The size of containers must be
consistent with city regulations or the provisions of the applicable franchise
agreement.
D. The person responsible for day-to-day activities or operations for
each commercial and residential premise must maintain solid waste containers in
a clean, safe and sanitary condition.
8.36.070 Placement of containers and bulky items.
A. No person may place or cause to be placed for collection solid
waste or any container containing solid waste or any bulky Item, at any place or
in any manner other than specified in this chapter or franchise agreement.
B. Any container or bulky Item permitted to be placed for collection
adjacent to a street must be placed behind but as close to the curbline or the
street right-of-way line as practicable. Any such container or solid waste
permitted to be placed for collection adjacent to an alley must be placed on the
premise as close to the property line as practicable.
C. No person may place a container or bulky item adjacent to a street,
alley, or public right-of-way before five-thirty (5:30) p.m. on the day before the
collection day set by the collector. All containers and bulky items permitted to be
placed for collection must be placed in a proper collection location before seven
(7:00) a.m. on the day of collection.
D. After the collection of solid waste, each container must be promptly
removed no later than ten (10:00) p.m. on the day of collection and returned to a
location on the premise where the container cannot be viewed from the street
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and that is screened from public view. No container shall be stored on a premise
side yard that abuts any public street or in any premise front yard.
E. No container shall be placed on any public right-of-way other than
on collection days without an encroachment permit having been obtained from
the city pursuant to the code.
8.36.075 Recyclable materials and recyclable solid waste collection.
A. Upon placement of recyclable materials and/or recyclable solid waste
from a residential premises at a designated collection location, or placement of
recyclable materials and/or recyclable solid waste in a container provided by a solid
waste collector for collection of recyclable materials and/or solid waste at a
commercial premises, the recyclable materials become the property of the solid
waste collector by operation of state law. See Public Resources Code Section
41950(c) as it may be amended from time to time.
B. The recycling or disposal of any recyclable material which has
become part of the solid waste stream by having been discarded shall be in
accordance with the provisions of this chapter.
C. Except as provided below, nothing in this chapter shall limit the right
of any person responsible for the day-to-day activities or operations at all premises,
to sell recyclable material owned by that person, or to donate recyclable material to
a charity or any other entity other than a collector.
D. If the person responsible for day-to-day activities or operations sells
or donates recyclable material pays the buyer or the donee any consideration for
collecting, processing, recycling, transporting, or disposing of the recyclable
material, the transaction shall not be regarded as a sale or donation of recyclable
material, but as an arrangement for the disposal of solid waste and shall be subject
to this chapter.
8.36.080 Green waste collection.
Green waste shall be cut into pieces not to exceed four (4) feet in length
and six (6") inches in diameter before being placed out for collection in a container.
Green waste shall be placed in containers designated for the collection of green
waste. Green waste shall not be contaminated with other forms of solid waste or
hazardous waste. No person shall mix green waste with other forms of solid waste,
nor contaminate green waste with any other substance, unless specifically
permitted by the city or a solid waste franchisee.
8.36.085 Composting.
The provisions of this chapter do not prohibit an individual or entity from
composting green waste material as long as the compost pile, compost bin, or
compost container is not visible from the street and conforms to applicable zoning
and state regulations.
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Article It. Unauthorized Containers
8.36.220 Placement of unauthorized containers — prohibited.
No person other than an authorized solid waste collector shall place an
unauthorized container for the accumulation of solid waste on any public right-of-
way or at any premises within the city or collect any solid waste from any premises
or permit or suffer a solid waste container to remain in any place within the city that
has not been placed by an authorized solid waste collector. Each day any person
other than an authorized solid waste collector shall collect any solid waste from any
premises or place an unauthorized container for the accumulation of solid waste at
any premises within the city, or permit or suffer a solid waste container that is
unauthorized to remain in any place within the city shall constitute a separate
offense and shall be a nuisance and shall be subject to removal pursuant to the
process 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 of the premises or the
property owner, in violation of this chapter in accordance with any applicable law.
The notice to remove posted pursuant to this subsection shall specify the nature
of the violation and shall state that the unauthorized container must be removed
within twenty-four (24) hours or by a specific date and time as determined by the
administrative authority on a case by case basis or it may be impounded and
held by the city franchise solid waste collector responsible for the public or
private property location where the container was caused to be placed, and the
contents disposed of, at the expense of the owner thereof. The posting of a
notice to remove shall constitute constructive notice to the owner and user of the
requirement to remove the unauthorized container.
B. If the unauthorized container is not removed within twenty-four (24)
hours after the notice to remove is posted or by the date and time specified on
the notice, the administrative authority may direct the impoundment and storage
of the unauthorized container and its contents if they contain solid waste. The
administrative authority may direct the lawful disposal of an unauthorized
container's contents by the city franchisee, or any other qualified party as
directed by the administrative authority, if the contents consist of putrescible
matter, medical waste, or hazardous waste. The contents shall be deemed to
consist of solid waste, whether or not some or all of the contents are potentially
recyclable. In all cases where the owner of the unauthorized container, whether
acting alone or in concert with others, including any affiliate, agent, broker or
subcontractor, has solicited, accepted or arranged for, directly or indirectly, the
payment of a fee or other consideration in any form or amount from the customer
in exchange for rendering all or any aspect of the service for which the container
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was supplied, the owner of the container shall reimburse the city franchisee for
the actual cost of impoundment, storage and disposal of the contents of the
container. All amounts due to the city franchisee for the cost of impoundment and
disposal must be paid before the container may be returned to the owner. Such
amounts shall constitute a civil debt owed by the owner to the city franchisee,
and the owner shall be liable to the city franchisee in an action brought by the city
franchisee for the recovery of such amounts. If the identity of the owner of the
container is known or can be ascertained by an inspection of the container, the
administrative authority shall provide a written notice to the owner at the last
known address of the owner based upon a review of public record advising the
owner that the container has been impounded and the location where the
container will be stored, if the identity of the owner of the container is not known
and cannot be ascertained by an inspection of the container, the administrative
authority shall provide a written notice to the person responsible for day-to-day
activities or operations at the premise where the container is located. If it cannot
be determined that the container is associated with a premise, the container itself
shall be posted with a notice.
C. The owner of the container may contest the administrative
authority's claim that the container was illegally placed or left standing by giving
written notice to the administrative authority within ten (10) calendar days of
receipt of written notification from the city that the container was impounded.
Where the owner asserts that the placement or use of the container was for a
permitted salvage activity not otherwise proscribed by this chapter, the owner
shall provide the administrative authority with information to substantiate that
assertion. Said information shall be submitted with the notice from the owner
and shall include, at a minimum, the following:
1. Description of the materials of value deposited in the
container and an estimate of their value.
2. Address, telephone number and contact person of the facility
or facilities with whom the owner has arranged for the contents to be processed
or recycled, and proof of that arrangement.
3. Evidence that the facility or facilities where the contents are
destined to be processed or recycled carries all requisite approvals, permits, or
other forms of authorization required by any governmental agency having
jurisdiction, to conduct processing or recycling activities.
4. A declaration from the customer receiving service, signed
under penalty of perjury, that the customer was charged no fee from the service
provider in exchange for service, and that the contents of the container were
either donated or sold by the customer to the service provider/owner.
5. The administrative authority shall have the right to request
such additional information within thirty (30) days of receipt of items 1-4 above as
may be necessary or useful in determining the validity of the owner's contest.
6. If the administrative authority determines, in the exercise of
reasonable discretion, that the owner has supplied evidence sufficient to support
it obtained all licenses, permits, and other required city approval and that it can
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support its contention that it was engaged in a permitted salvage activity
involving sold materials, the container shall be returned to the owner without any
charge for removal or storage of same.
D. If a container that has been impounded pursuant to this section is
not claimed within thirty (30) days after removal and notice to the owner, the
container and its contents shall be deemed abandoned property and may be
disposed of accordingly. Where the contents present imminent threat to public
health and safety or consist of putrescible matter, medical waste or hazardous
waste, as determined by the administrative authority, the waste may be
processed or disposed of without awaiting the expiration of the thirty (30) day
claim period.
E. After an unauthorized container has once been removed by the city
pursuant to this article, the owner thereof shall be deemed to have actual notice
of the provisions of this article, including the prohibition against the placement of
unauthorized containers. In the event of a subsequent placement of a container
owned by the same owner, or an affiliate of the owner, that is in violation of this
chapter, the administrative authority may immediately, without the posting of a
notice to remove pursuant to subsection A of this section, direct the
impoundment of the unauthorized container and shall, in such case, give notice
to the owner to claim the container pursuant to subsection B of this section. In
such event, the owner shall, subject to the provisions of subsection C of this
section, be responsible to reimburse the city and city franchisee for the actual
cost of such removal, storage and disposal, and administrative costs which shall
be paid by the owner before the container may be returned to the owner. If the
container is unclaimed after notice is mailed to the owner and the expiration of
the period set forth in subsection D of this section, the container and its contents
shall be deemed abandoned property and may be disposed of accordingly.
F. The fees required by this section shall be established by resolution of
the city council.
Article III: Solid Waste Franchises, Fees, Equipment, Collection, and
Collection Activities
8.36.320 Solid waste franchise requirements.
The city council may award exclusive, partially exclusive, or nonexclusive
solid waste franchises per Section 8.36.030. Any such solid waste franchises shall
be in the form of a written agreement, granted by the city council by at least three
(3) affirmative votes. Where a franchise agreement is silent on an issue, the
provisions of this chapter shall govern. Where a franchise agreement predates the
effective date of the ordinance codified in this chapter, the provisions of the
franchise agreement shall govern over any inconsistent provisions contained in this
chapter.
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8.36.325 Contents of franchise.
A. A solid waste franchise may be granted on such terms and conditions
as the city council in its sole discretion shall establish as matters of local concern.
At a minimum, a solid waste franchise shall name the solid waste enterprise and
shall provide:
1. The franchisee shall comply with the provisions of this chapter.
2. The franchisee shall be required to protect, defend, indemnify,
and hold the city harmless from liability, including but not limited to liability under the
Resource Conservation and Recovery Act of 1983 ("RCRA"), 42 U.S.C. Section
6901 et seq.), AB 939, the Comprehensive Environmental Response,
Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., or the
Carpenter-Presley-Tanner Hazardous Substance Account Act ("HSAA"), California
Health and Safety Code Section 25300 et seq., and all future amendments to any
of them, as they may be amended from time to time, and all regulations
implementing these acts and all applicable laws governing universal wastes. The
city may require that such obligation be secured by a guarantee.
3. The franchisee shall be required to cooperate with the city in
solid waste disposal characterization studies or other waste stream audits and to
submit other information required by the city to meet the reporting requirements of
AB 939, or any other law or regulation, and to implement measures consistent with
the city's reduction and recycling objectives in order for the city to reach the
diversion and other goals mandated by the state, including but not limited to the Act
and Public Resources Code Section 41780(a)(2) as they may be amended from
time to time.
4. The city council may set maximum and/or minimum rates for
solid waste services including but not limited to maximum rates by category such as
single-family residential, multi-family, and commercial.
5. The franchisee shall be required to collect all fees and charges
billed or collected by each franchisee for its franchised services must not exceed
the maximum schedule of fees and charges approved by the city council.
6. The city shall have the right to provide for substitute collection
services upon the default of a franchise under a franchise agreement at the cost of
the franchisee, including a liquidated damages provision.
7. The franchisee shall restrict assignment except as approved
by the city council.
8. The city shall have the right to mandate commercial recycling
and the franchisee shall be required to facilitate its implementation.
B. Each franchisee, at all times during the term of its franchise, must
maintain liability insurance with companies and in such specified and reasonable
amounts and coverage's as required by the franchise agreement. In addition, each
such franchisee must maintain during the term of its franchise, workers'
compensation insurance coverage as required by law, or have in place a legally
approved qualified self-insurance plan for such workers' compensation coverage,
and any other insurance requirements and endorsement forms as specified by city
and required by the franchise agreement.
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C. Each franchisee must, at all times during the term if its franchise,
maintain on file with the city clerk proof of insurance evidencing the existence of all
required insurance coverage in such reasonable form as approved by the city
attorney.
D. In deciding whether to grant a franchise, the city council may
consider, among other factors, those listed in Section 8.36.325 and a solid waste
enterprises past adherence to city codes, ordinances, franchise agreements, etc.
Any applicant who previously had a franchise revoked shall be debarred from
applying for another franchise for a period of three (3) years.
8.36.330 Fees.
A. Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources
Code, Section 41900 et seq., the city may levy fees upon solid waste enterprises
and solid waste service recipients for planning, developing and administering (1)
any program regarding solid waste, household hazardous waste, recyclable solid
wastes and/or green waste, including related collection, transfer, disposal,
processing, auditing, and planning activities; and (2) any program for responding to
releases and spills of solid wastes which have the characteristics of hazardous
substances. Such fees may include charges for the use of disposal facilities and
may include costs of preparing and implementing source reduction and recycling
elements, household hazardous waste elements and integrated waste
management plans. The city may collect such fees by such means as the city
council may elect.
B. The city council, by resolution, may waive fees for recyclable solid
waste haulers and for collectors of green wastes who transport such green waste to
a compostable materials handling facility or a green waste composting facility, as
defined in Title 14 CCR Section 17852, as it may be amended from time to time, or
other site permitted (or exempt from permitting) by the state in accordance with all
governing laws and regulations, and who report all such deliveries to the city.
8.36.340 Revocation, suspension, or termination of solid waste
franchises.
A. Any solid waste franchise issued or recognized under this chapter
is subject to revocation, suspension, or termination for cause if engaging in any
act or conduct which falls in any one (1) or more of the following categories:
1. Operating the solid waste enterprise in a manner contrary to
the public health, safety, well-being, peace, welfare, morals, or which are found
to constitute a public nuisance.
2. Violating any regulation of the state, the California
Department of Toxic Substances Control, the California Air Resources Board, or
any of their respective successor agencies, a local enforcement agency, the
Moorpark Municipal Code, or any material condition of a franchise affecting
public health and safety in the city.
3. Violating any federal or state law in which the franchisee or
any of its officers, directors, or employees are found guilty of any crime related to
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the performance of the franchise agreement, of any crime related to anti-trust
activities, illegal transport, or disposal of hazardous or toxic materials, or bribery
of public officials.
4. Engaging in fraud or deceit upon the city, made or makes or
uses any false, fictitious or fraudulent statements or representations, or practiced
any fraud or deceit or made any false, fictitious statements or representations in
connection with the issuance or renewal of the franchise.
5. Becoming insolvent, unable or unwilling to pay its debts,
including payment of fees due to the city, or having a receiver or trustee
appointed to take over and conduct the business of the franchisee whether in a
receivership, reorganization, or bankruptcy proceeding.
6. Failing to provide or maintain in full force and effect the
workers compensation, liability, and indemnification coverage or cash bond or
other guarantee as required.
7. Violating any order or ruling of any regulatory body with
respect to solid waste handled or collected within the city, except that such order
or ruling may be contested by appropriate proceedings conducted in good faith,
in which case no violation shall be deemed to have occurred until a final decision
adverse to the solid waste enterprise is entered.
B. Investigation. If the administrative authority determines that (1) the
continuing performance of a franchise in the city may not be in conformity with
reasonable industry standards applicable in Ventura County or provided under
the "Act', including, but not limited to, requirements for implementing diversion,
source reduction and recycling, or any other applicable federal, state or local law
or regulation, including but not limited to the laws governing transfer, storage, or
disposal of solid waste and hazardous waste, universal wastes, and diversion
rates required of the city by Public Resources Code Section 41780(a)(2) as it
may be amended from time to time, or this chapter; or (2) a franchisee is in
default of the terms of its franchise, the administrative authority shall advise the
franchisee in writing of such suspected deficiencies. In any written notification of
deficiencies, the administrative authority shall set a reasonable time within which
the franchisee is to correct the deficiencies and respond. Unless otherwise
specified in the franchise, a reasonable time for response and correction of
deficiencies shall be thirty (30) days from the receipt of such written notice by the
franchisee.
C. Response. At the expiration of the time set for response from the
franchisee, the administrative authority shall review the record, including any
written response from the franchisee to the notice of deficiencies, and take either
of the following actions: (1) resolve the matter in favor of the franchisee; or (2)
order remedial action to cure any breach. In either event, the administrative
authority shall inform the franchisee in writing of the decision. A decision or order
of the administrative authority shall be final and conclusive unless the franchisee
files a notice of appeal to the city council with the city clerk (with a copy to the city
manager and the city attorney) within ten (10) days of mailing of the decision.
The notice of appeal to the city council shall state the legal basis and all legal
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and factual contentions of the franchisee and shall include all evidence,
including, but not limited to, affidavits, documents, photographs, CDs, and DVDs.
A notice to appeal to the city council shall not be accepted by the city clerk for
filing unless accompanied by a notice of appeal filing fee in an amount to be set
by city council resolution.
D. Public Hearing. Within sixty (60) business days of receipt by the
city clerk of a notice to appeal to the city council, the city council shall set the
matter for a public hearing. The city clerk shall give written notice of the time and
place of the hearing, as well as publish such notice as required for public
hearings. At the hearing, the city council shall consider the administrative record,
including the notice of deficiency, the franchisee's response, the administrative
authority's written decision, and the franchisee's notice of appeal to the city
council. The city council shall also give the franchisee, or its representatives and
any other interested person a reasonable opportunity to be heard. The
proceedings before the council shall be an informal administrative hearing and
the rules of evidence, as generally applied in judicial proceedings, shall not be
applicable.
E. Determination. Based on the administrative record, the city council
shall determine by resolution whether the administrative authority's decision
should be upheld. A tie vote of the city council shall be regarded as upholding
the administrative authority's decision. If, based upon the record, the city council
determines that the franchisee is in breach of any material provision of the
franchise, or other cause for termination of the franchise, or decides to order the
franchisee to cease operations in the city, the city council in the exercise of its
sole discretion, may order remedial actions to cure the breach, or terminate
forthwith the franchise or order operations in the city to cease. The decision of
the city council shall be final and conclusive.
8.36.345 Restrictions on transfer of solid waste franchises.
A solid waste franchise of the city will not be transferable, except as
follows.
A. A franchise may not be transferred, sold, sublet or assigned, nor
shall any of the rights or privileges therein be leased, assigned, sold or
transferred either in whole or in part, nor shall title thereto, either legal or
equitable, or any right, interest or property therein, pass to or vest in any person,
either by act of the franchisee or by operation of law without the prior written
consent of the city council and as set forth in the franchise agreement.
B. An application for a transfer of a franchise must be made in a
manner prescribed by the administrative authority. The application must include
a franchise transfer application fee in an amount to be established by resolution
of the city council, to cover the anticipated cost of all reasonable and customary
direct and indirect administrative expenses including, but not limited to,
consultants and attorneys' fees and costs, necessary to analyze the application
and to reimburse the city for direct and indirect expenses. In addition, the
franchisee must reimburse the city for all reasonable consultants, attorneys' and
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staff costs not covered by the franchise transfer application fee, whether or not
the city approves the application for transfer. The city's demand for
reimbursement shall be supported by evidence of the expenses and costs
incurred. The franchisee and the applicant for transfer will be jointly and
severally liable for the payment of any reasonable consultants', attorneys' and
staff costs not covered by the franchise transfer application fee.
C. The applicant for a transfer of a franchise will have the burden of
demonstrating that it has the operational and financial ability to meet all
obligations of the franchise.
D. The city may withhold its consent to a transfer of the franchise and
may require amendment of any franchise as a condition of approval of the
transfer of any franchise.
8.36.350 Collection rates.
A. The maximum rates to be charged to customers for collection of
solid waste from residential and commercial premises shall be as prescribed and
set forth in the rate schedule to be established by resolution of the city council.
B. At a noticed public hearing, the city council may establish, by
resolution, a ceiling on the amounts of charges a franchisee may charge for solid
waste collection in addition to any required fees. Except as provided in
subsection D, or as otherwise provided in a franchise agreement the city council
will consider adjustments to the maximum permitted charges once per calendar
year. The maximum rates may not be increased without prior written approval of
the city council by resolution.
C. At the conclusion of the public hearing, the city council shall have
the power to approve, deny or modify in any respect or particular instance the
schedule of rates for the collection of solid waste from commercial or residential
premises in the city, based upon the fairness of the rate increase to the
franchisee and whether or not said increase will be detrimental or injurious to the
affected customers, and shall thereafter, by resolution adopt a rate schedule for
collection of solid waste.
D. The franchisee may petition the city council for an increase in the
maximum rate to offset unusual changes in the franchisee's costs of doing
business, such as revised federal, state or county laws, ordinances or
regulations, significant changes in disposal charges, or change of disposal sites
or processing facilities.
8.36.355 Liability for collection charges and fees.
A. The person in charge of day-to-day activities or operations of any
residential and commercial premises is required by this chapter to have solid
waste collection service or a self-haul exemption permit and shall be liable for all
applicable fees and charges pertaining to such collection, and/or is subject to
self-haul requirements in accordance with Article VII of this chapter.
B. To protect public health, safety, and well-being and to control the
spread of vectors, the person responsible for day-to-day activities or operations
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of each residential and commercial premises in the city at which solid waste is
generated or accumulated shall make arrangements for collection, recycling, and
disposal of that waste generated or accumulated on those premises in
accordance with the requirements of this chapter, or shall obtain a self-haul
permit in accordance with Article VII of this chapter. The fees and charges, plus
any interest or penalties, shall be due and payable on the date stated on the bill.
The person responsible for day-to-day activities or operations of each premise in
the city at which solid waste subject to this chapter is generated or accumulated,
and which is not self-hauled, shall be liable for payment of all charges for solid
waste services, including any interest or penalties, or any recycling charges.
8.36.360 Collection equipment.
A. Any truck or vehicle used for collection and/or transportation of solid
waste, hazardous waste, or medical waste under the provisions of this chapter shall
be required to adhere to the standards set forth below and, if applicable, detailed
further within the franchise agreement:
1. Be completely enclosed with a non-absorbent, close-fitting
cover while transporting such waste in or through the city. "Completely enclosed
with a non-absorbent, close-fitting cover" means that the waste will not be visible
from the street, shall contain offensive odors, and shall prevent any waste from
spilling, dropping, leaking, or blowing off of or out of any solid waste truck or vehicle
and become deposited along the public right-of-way during collection or
transportation.
2. At all times have in the cab thereof the registration of the truck
or vehicle, a copy of the permit issued by the city, if applicable, a certificate of
insurance, and an identification card with the name of a person to telephone in case
of an accident or emergency. Each truck shall also be equipped with a minimum
five (5) pound fire extinguisher certified by the California State Fire Marshal and
recharged as needed, but not less than once annually.
3. Be identified with the franchisee's name and have a unique
vehicle number displayed in a prominent location.
4. Be made available for inspection at the discretion of the
administrative authority at any point of operation and be properly maintained, kept
clean, and in good repair at all times.
5. To protect public health, safety, and quiet enjoyment of the
city's residents, the noise level for collection vehicles during the stationary
compaction process shall not exceed seventy-five (75) A-weighted decibels (dBA)
at a distance of twenty-five (25) feet from the collection vehicle and at an elevation
of five (5) feet from the horizontal base of such vehicles.
B. Any collection container provided by the franchisee or collector to any
residential or commercial customer for the collection of solid waste within the city
must:
1. Be labeled clearly with the name of the franchisee or collector,
the telephone number of the franchisee or collector, and a unique identifier.
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2. Be marked or posted with information stating the container is
not to be used for disposal of hazardous waste. Commercial bins shall have
conspicuous notices on each side of the commercial bin that states the bin is not to
be used for disposal of hazardous waste.
3. Be maintained in a manner that protects public health and
safety and prevents the spread of vectors.
4. Be maintained free from any exterior paint or markings,
commonly referred to as "graffiti" or "tagging" and upon notification by the
administrative authority of any such markings on a container 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 immediately,
or arrange for the immediate clean up, of any solid waste or liquid waste released,
spilled or dumped into the environment during collection, handling, or transport
within the city by such person or any vehicle fluid spill from collector's vehicles.
B. Until solid waste has been picked up by a franchisee or collector, or is
self-hauled, the person in charge of the day-to-day activities or operations of each
residential and commercial premises in the city shall be responsible for the cleanup
of any and all solid waste generated, deposited, released, spilled, leaked, pumped,
poured, emitted, emptied, discharged, injected, dumped, or disposed into the
environment, or which has come to be located outside an authorized container on,
at, or in the premises of which the person is in charge. This cleanup responsibility
includes the cleanup of solid waste, including recyclable solid waste and green
waste which has come to be located outside an authorized container for the
collection of such solid waste, notwithstanding human or animal interference with a
container, wind, or other natural forces and whether during storage, collection,
removal, or transfer. For purposes of this section, the term "disposed into the
environment" shall include, but not be limited to, the abandonment of or discarding
of barrels, containers, and other closed receptacles of solid waste or liquid waste of
any kind whatsoever.
C. Each franchisee or collector shall clean up any solid waste spilled or
otherwise released or discharged into the environment during its collection,
removal, or transfer immediately upon the occurrence of the spill, release or
discharge in a manner approved by the administrative authority and is to inform the
city verbally of the occurrence immediately and with a written report within two (2)
hours of the incident. Each franchisee or collector shall clean up any leaks or
spills from their vehicles and equipment per the NPDES permit currently in effect
in city. No fluids shall be washed into storm drains at any time. All NPDES dry-
cleaning measures shall be complied with.
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8.36.370 Frequency and hours of collection.
A. All solid waste collection from residential premises and commercial
premises adjacent to residential premises shall be made between the hours of
seven (7:00) a.m. and six (6:00) p.m., Monday through Friday, and on Saturday's
as specified in subsection D of this section.
B. All solid waste collection from commercial premises not adjacent to
residential premises shall be made between the hours of six (6:00) a.m. and six
(6:00) p.m., Monday through Friday and between the hours of eight (8:00) a.m.
and three (3:00) p.m. on Saturdays. At no time is collection allowed on Sundays
except as specified in subsection D of this section.
C. No residential or commercial solid waste collector shall collect or
transport solid waste within two hundred (200) feet of a public or private
elementary, middle or high school during the one-half (1/2) hour before the
commencement of the regular school day and one-half (1/2) hour following the
conclusion of the regular school day. It shall be the responsibility of the collector
or drop box transporter to ascertain the various starting and ending times for
schools within the city.
D. Whenever a holiday recognized by the city or any approved
disposal site falls upon a regularly scheduled collection day, the solid waste
scheduled for collection that day, and for the remainder of the week, may be
picked up one day later than scheduled following specified guidelines in
subsections A through C of this section. Commercial collection scheduled for
Saturdays may be picked up on Sunday between the hours of ten (10:00) a.m.
and three (3:00) p.m.
8.36.380 Special collection.
The person responsible for the day-to-day activities or operations at each
residential and commercial premise in the city may order special collections of
such things as bulky waste, C&D material, and temporary bin services through a
city franchisee or authorized collector only.
8.36.385 Franchisee remedies.
Nothing in this chapter shall be deemed to limit the right of a franchisee or
the city to bring a civil action against any person who violates this chapter, nor shall
a conviction for such violation exempt any person from a civil action brought by a
franchisee or the city.
8.36.390 City right of provision modification.
In addition to the requirements of this chapter and the provisions of a
franchise agreement, the city specifically retains the right to repeal, amend, add to,
or modify each and every provision of this chapter and the city, city council, or city
manager may issue written regulations and policies to implement the provisions of
this chapter.
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Article IV: Unlawful and Prohibited Acts
8.36.420 Unlawful collection.
A. To protect public health, safety, and well-being, no person except a
city employee or a franchisee or authorized collector or self-haul permittee
recognized by the city, or entity authorized under Article VII of this chapter shall
collect or remove any solid waste or green waste from any premises within the city.
B. No person except a city employee or a franchisee or authorized
collector or self-haul permittee recognized by the city, or entity authorized under
Article VII of this chapter, shall place a container owned by the franchisee, collector,
or contractor for the accumulation of solid waste at any premises within the city or
collect any solid waste from any premises or permit or suffer a solid waste
container to remain in any place within the city that has not been placed by an
authorized solid waste collector. Each day any person other than a franchisee,
collector or entity as described above shall collect any solid waste from any
premises or place a container for the accumulation of solid waste at any premises
within the city, or permit or suffer a solid waste container to remain in any place
within the city shall constitute a separate offense and shall be a nuisance.
8.36.425 Use of containers required.
To protect public health, safety, and well-being and to control the spread of
vectors, no person other than a self-haul permittee pursuant to this chapter, or a
contractor performing work within the scope of that contractors license according
with Section 8.36.750 of this chapter, shall keep solid waste, including green waste,
in any container other than a container approved by a franchisee or the city; nor
shall any person place solid waste in any container provided by a non-franchised
solid waste hauler (except pursuant to Articles VI or VII of this chapter); nor shall
any person accumulate solid waste for more than fourteen (14) consecutive days;
nor shall any person keep upon any premises in the city, solid waste which is
offensive, obnoxious, or unsanitary. All of the foregoing is unlawful, constitutes a
public nuisance and may be abated in the manner now or hereafter provided by law
for the abatement of nuisances.
8.36.430 Removal of solid waste containers.
No person, other than the person responsible for day-to-day activities or
operations at any commercial or residential premises or a solid waste collector,
may remove or move any container from the location where the container was
placed for storage or collection without the prior written approval of the responsible
person.
8.36.435 Collection of solid waste - disposal.
No person responsible for day-to-day activities or operations at any
commercial or residential premises shall collect, enter into an agreement to
collect, or provide for the collection, transportation or disposal of solid waste,
unless such person or persons is authorized by the city to operate within the city
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by means of a license, franchise, contract, permit, operations agreement or
otherwise. All solid waste created, produced or accumulated in or about
residential or commercial premises in the city.shall be collected at least once per
week. No person who is the occupant or responsible party of any residential or
commercial premises shall fail or neglect to provide for the collection of solid
waste at least as often as prescribed in this chapter. Unless otherwise permitted
by this chapter, the party responsible for day-to-day activities or operations of
any residential or commercial premises shall subscribe to or arrange for
collection of solid waste from such premises by the franchisee. The franchisee
shall dispose of solid waste collected pursuant to this chapter and the agreement
in a manner satisfactory to the city and in accordance with all federal, state and
local laws and regulations.
8.36.440 Use of container of another.
To protect public health, safety, and well-being and to prevent the
contamination of solid waste, including recyclable solid waste and green waste, no
person shall place solid waste in, or otherwise use the solid waste container,
including a recyclable solid waste, green waste, or other waste container, of
another, without the prior written permission of such other person.
8.36.445 Use of civic solid waste containers.
To protect public health, safety, and well being, no person shall place or
deposit residential or commercial solid waste, industrial waste, special waste,
medical waste, electronic waste, universal waste or other hazardous waste in any
civic solid waste container.
8.36.450 Burning of solid waste.
No person may cause or permit the burning of any solid waste within the
city, except in an approved incinerator, transformation facility, conversion
technology facility or other device for which a permit has been issued and which
complies with all applicable permit and other regulations of air pollution control
authorities and provided any such act of burning in all respects complies with all
other laws, rules, and regulations.
8.36.460 Dumping of solid waste prohibited.
No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty,
discharge, inject, bury, or dispose into the environment any solid or liquid waste
upon any premises within the city, or to cause, suffer, or permit any solid or liquid
waste to come to be located upon any premises in the city, except in an authorized
or permitted solid waste container or at an authorized or permitted solid waste
facility approved for that type of waste.
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8.36.470 Commingling of green waste with other forms of waste
prohibited.
No person may place or cause to be placed for collection any accepted
green waste in any container designated for the collection of any other form of solid
waste or recyclable material.
8.36.480 Scavenging.
It is unlawful for anyone other than the owner of the recyclable materials,
or recyclable solid waste, to remove recyclable materials or recyclable solid
waste placed for collection in their containers labeled for use in connection with a
recycling program sponsored by the city or authorized franchise or collector.
8.36.490 Public nuisance.
To protect public health, safety, and well-being and to prevent the spread of
vectors, it is unlawful and a public nuisance for any person or entity to violate any
term of this chapter. For these same reasons, it is a public nuisance for any person
or entity to occupy, inhabit, maintain, or to be in day-to-day control of any premises
within the city which generates solid waste for which arrangements have not been
made with a franchisee or authorized collector, or without obtaining a self-haul
permit from the city; for regular collection and removal of solid waste, including
recyclable solid waste and green waste.
Article V. Large Event and Large Venue Waste Management
8.36.500 Purpose.
The purpose of this article is to reduce solid waste from large events and
large venues by requiring those who hold large events and operate large venues
to develop and implement waste management plans to reduce solid waste
placed in landfills and to report diversion and recycling to the city.
8.36.510 Application of section to large events and large venues.
A. Large events and large venues shall meet the requirements of and
shall comply with all provisions of this chapter.
B. The following large events and large venues are subject to the
requirements of this chapter:
1. All events charging an admission price or for which an applicant
seeks temporary or periodic use or occupancy of a public street, publicly owned
site or facility or public park within the city for a civic, commercial, recreational or
social event attended by or anticipated to be attended by an average of more
than two thousand (2,000) individuals per day of operation.
2. All venues that annually seat or serve an average of more than
two thousand (2,000) individuals per day of operation, including but not limited to
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convention centers, community centers, golf clubs, amusement parks,
recreational parks, theaters and concert halls located with the city.
C. The city may charge and collect a fee from an operator of a large
event or large venue in an amount to be established by resolution of the city
council to recover the city's estimated costs incurred in complying with this
article.
8.36.520 Waste management plan requirements.
A. All large event applicants shall develop and submit to the
administrative authority a waste management plan for reducing and recycling
solid waste as part of the application for a permit. The waste management plan
shall include the following information:
1. An estimate of the anticipated amount and type of solid waste
generated and material disposed and diverted from the event.
2. Proposed actions to reduce, reuse, and recycle the amount of
solid waste generated from the event.
3. Arrangements for separation, collection and diversion from
landfills of reusable and recyclable materials.
B. All large venues shall develop and submit to the administrative
authority a waste management plan on an annual basis on or before January 1 of
each year. The waste management plan shall include the following:
1. An estimate of the amount and type of waste generated and
material disposed and diverted from the venue.
2. The existing solid waste reduction, reuse and recycling
programs that the operator of the large venue utilizes.
C. All large event applicants and large event operators shall agree to
use city contracted franchisees or collectors for removal of solid waste, which
may exclude recyclables per prior written approval by the administrative
authority, from the events and venues. Applicants must identify the following
information on their waste management plan, including but not limited to, their
plans to remove recyclables using their own staff or volunteers, type of material
being removed, amount of material being removed, and where the material will
be taken. Recycle weight tickets or receipts must be submitted to the
administrative authority and the plan must be followed before the applicant shall
be refunded their event security deposit, in part or in full, by the city.
D. All large event applicants and large venue operators shall agree to
the following: On or before October 1, 2011, and on or before October 1,
annually thereafter, the operator of a large venue shall meet with the
administrative authority, franchisees and/or collectors of the large venue to
determine the appropriate waste reduction programs to meet the requirements of
this chapter.
8.36.530 Review of waste management plan.
A. Time for Review. A waste management plan shall be approved or
rejected no later than thirty (30) business days after a complete application for a
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permit is made for a large event and or a waste management plan is submitted
for a large venue.
B. Approval. The administrative authority may approve the plan
subject to conditions reasonably necessary to meet the standards of this chapter
and may consult with the city's franchisee or collectors concerning the viability of
the waste management plan and compliance by large events and large venues
with diversion requirements. Waste audits may be performed by the city or
franchisee to verify compliance with the approved waste plan. Notwithstanding
any other provision of this chapter, no permit shall be issued for any large event
or large venue unless and until the waste management plan has been approved,
based upon the following findings by the administrative authority:
1. All of the information required by Section 8.36.520 has been
provided.
2. The plan establishes a mechanism to ensure that the diversion
requirement will be met.
C. Rejection. If the administrative authority rejects the waste
management plan, the grounds for rejection shall be clearly stated in writing.
8.36.540 Waste management compliance reporting.
A. Within thirty (30) days of the date(s) of the event(s) or monthly for
large venues, the large event or large venue operator shall provide a written
report to the administrative authority containing the following documentation:
1. A listing of waste reduction, reuse, recycling and diversion
programs implemented for the event or venue.
2. The type and weight of materials diverted and disposed at the
event or venue with appropriate supporting documentation.
8.36.550 Actions by the city.
When issuing a permit to an operator of a large event or large venue, the
administrative authority shall provide information to the operator that can be
implemented to reduce, reuse and recycle solid waste materials generated at the
event or venue and provide contact information about where solid waste
materials may be donated, recycled or composted. This information may include,
but is not limited to, providing information directing the operator of the large event
or large venue to the state web site or any other appropriate web site for
information.
8.36.560 Penalties.
Any large event or large venue identified under this chapter as a large
event or large venue not complying with the waste management plan approved
by the administrative authority may be subject to non-refund of all or a portion of
the security deposit submitted with their permit application. Based on non-
compliance the city may also require additional processing of solid waste
generated by the event or venue at an additional cost to the operator to meet the
diversion goals of the city.
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Article VI. Construction and Demolition Materials Management
8.36.600 Purpose.
The purpose of this article is to establish regulations to reduce landfill bound
waste from C&D projects by requiring applicants for every covered project, as
defined herein, to divert, or recycle, a minimum of 65 percent (65%), of material
type by weight, of the C&D material resulting from that project, including inert
waste, in compliance with state and local statutory goals and policies, and to create
a mechanism to secure compliance with said diversion requirements. Fees for the
C&DMMP review process and for the C&DMMP exemption process shall be
established by resolution of the city council.
8.36.620 Covered projects.
Except as otherwise provided in this code, each applicant for a permit
required by this code for a covered project shall also complete and submit a
construction and demolition materials management plan (C&DMMP) to the
administrative authority unless the project is an exempt project, as defined in
Section 8.36.625.
No permit for a covered project shall be issued by the Division of Building
and Safety unless the applicant for the permit has submitted a C&DMMP that has
been reviewed and approved by the administrative authority, or the project is an
exempt project as defined in Section 8.36.625. Review of applications for permits
for covered projects by the Division of Building and Safety may be concurrent with
the review of the C&DMMP by the administrative authority but the permit shall not
be issued until the C&DMMP has been approved.
8.36.625 Exempt projects.
No C&DMMP or diversion security deposit shall be required for any of the
following:
A. Work for which a building permit, demolition permit, and/or grading
permit is not required.
B. Any new residential or nonresidential construction project valued at
less than five hundred thousand dollars ($500,000) by the city's building official.
C. Residential or nonresidential alterations valued at less than one
hundred thousand dollars ($100,000) by the city's building official.
D. Projects for which only a plumbing permit, electrical permit, or
mechanical permit, or any combination thereof, is required.
E. Seismic tie-down projects.
G. Installation of swimming pools or spas.
H. Demolition or construction required to protect public health or safety
in an emergency, as defined in Public Resources Code Section 21060.3, as it
may be amended from time to time.
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I. Other work the administrative authority determines will not produce
a significant amount of C&D material.
8.36.630 City sponsored projects.
All of the city's construction, demolition, and renovation projects, except as
provided below, and regardless of cost, shall be considered "covered projects"
for the purposes of this chapter and shall be subject to all applicable provisions of
this chapter. Prior to the start of any city construction or demolition activity, a
C&DMMP shall be prepared by the city designated project manager for approval
by the administrative authority. The city is not required to submit a diversion
security deposit for city sponsored covered projects. City projects limited to
interior plumbing work, electrical work, or mechanical work are not covered
projects. City demolition or construction projects required to protect public health
or safety in an emergency, as defined in Public Resources Code Section
21060.3, as it may be amended from time to time, are not a covered project.
8.36.635 Compliance as a condition of approval.
Compliance with this chapter shall be included as a condition of approval
of any permit issued for a covered project.
8.36.640 Construction and demolition materials management plan
(C&DMMP).
Each applicant applying for a permit for any covered project shall complete
and submit to the administrative authority a C&DMMP, on a C&DMMP form
approved by the city manager for this purpose. The completed C&DMMP, at a
minimum, must indicate all the following:
A. The estimated weight of total project C&D materials, by material type,
that will be generated.
B. The maximum weight of all C&D materials, by material type, that are
feasible to divert, considering cost, energy consumption and delays, via reuse or
recycling efforts.
C. The vendor or facility that the applicant proposes to use to collect,
divert, market, reuse, or receive the C&D materials, by type of material.
D. The estimated weight or residual C&D materials that would be
transported for disposal in a landfill or at a transformation facility.
E. The estimated weight of inert waste, by waste type, to be removed
from the waste stream and not disposed of in a solid waste landfill.
Each applicant will be provided information concerning a salvage audit and
encouraged to have a salvage audit conducted prior to commencing any
deconstruction project.
The C&DMMP must receive approval by the administrative authority prior to
issuance of any building and safety permit for the covered project.
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8.36.645 Calculating volume and weight of material.
In estimating the volume or weight of materials identified in the C&DMMP,
the applicant shall use the conversion rates approved by the city for this purpose.
8.36.650 Deconstruction.
In preparing the C&DMMP, applicants for demolition permits involving the
removal of all or part of an existing structure shall consider deconstruction to the
maximum extent feasible, and shall make the materials generated thereby
available for salvage prior to being transported for disposal in a landfill or
transformation facility. Deconstruction can be used to meet the diversion
requirement provided it is accounted for in the C&DMMP.
8.36.655 C&DMMP diversion security deposits.
Each applicant for a permit for a covered project, except the city, shall
submit a construction and demolition diversion security deposit along with the
C&DMMP. The amount of the diversion security deposit shall be established by
resolution of the city council. The administrative authority may waive the
diversion security deposit if the diversion security deposit required pursuant to
this section would be fifty dollars ($50.00) or less.
8.36.660 C&DMMP review approval.
Notwithstanding any other provisions of this code, no building or
demolition permit shall be issued for any covered project unless and until the
administrative authority has approved the C&DMMP. The administrative authority
shall only approve a C&DMMP if it is determined that all of the following
conditions have been met:
A. The C&DMMP provides all of the information required in Section
8.36.640.
B. The C&DMMP indicates that the diversion requirement will be met.
C. The applicant has submitted an appropriate diversion security
deposit in compliance with Section 8.36.655.
If the administrative authority determines that these three conditions have
been met, the administrative authority shall mark the C&DMMP "Approved",
return a copy of the C&DMMP to the applicant, and notify the Division of Building
and Safety that the C&DMMP has been approved.
8.36.665 C&DMMP review denial.
If the administrative authority determines that the C&DMMP fails to meet
the conditions specified in Section 8.36.640, then the administrative authority
shall either:
A. Return the C&DMMP to the applicant marked "Denied" including a
statement of reasons, and so notify the Division of Building and Safety, which
shall then hold the project's permit.
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B. Return the C&DMMP to the applicant marked "Further Explanation
Required", including a statement of reasons, and so notify the Division of Building
and Safety, which shall then hold the project's permit.
If the applicant determines during the course of the project that the
estimated tonnage of C&D material to be generated and/or recovered or
disposed of from the project is substantially different from the C&DMMP,
applicant shall submit an addendum to the original C&DMMP.
8.36.670 Application for refund and return of diversion security
deposits.
Within ninety (90) days after the final project permit sign-off of any covered
project, the applicant shall submit to the administrative authority documentation
that the applicant has met the diversion requirement for the approved project and
apply for a refund of the diversion security deposit. If documentation is not
received by the administrative authority as required by applicant, then applicant
forfeits the diversion security deposit. Applicant shall provide the following
documentation:
A. The dates on which grading, building, paving, demolition, and/or
construction actually commenced and were completed.
B. Receipts and/or gate tickets from the vendor(s) or facility(ies) which
collected or received each type of C&D material showing the actual weight of
each type of material, or in the case of commingled C&D materials the aggregate
weight of the materials and the amount that was disposed, or in the case of Inert
Waste, documentation proving removal from the solid waste stream and non-
disposal in a solid waste landfill.
C. Documentation proving material salvaged or reused in current
project.
D. A copy of the previously approved C&DMMP for the project adding
the actual volume or weight of each material diverted and not disposed of in a
solid waste landfill.
E. Any additional information the applicant believes is relevant to
determining its efforts to comply in good faith with this article.
8.36.675 Documentation of construction and demolition material
diversion.
Applicants shall make reasonable efforts to ensure that all C&D material
diverted or delivered to disposal facilities for disposal, are measured and
recorded using the most accurate method of measurement available. To the
extent practical, all C&D materials, and inert waste to be removed from the waste
stream and not disposed of in a solid waste landfill, shall be weighed on scales.
Such scales shall be in compliance with all state and county regulatory
requirements for accuracy and maintenance. For C&D material for which
weighing is not practical due to small size or other considerations, a volumetric
measurement shall be used. For conversion of volumetric measurements to
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weight, the applicant shall use the standardized conversion rates approved by
the city for this purpose. Documentation of the foregoing shall consist of
photocopies of receipts, weight tickets, gate tickets, and other records from
recycling facilities, deconstruction contractors, solid waste enterprises and
disposal facilities.
8.36.680 Determination of compliance and release of diversion security
deposit.
The administrative authority shall review the information submitted under
Section 8.36.670 to determine whether the applicant has complied with the
C&DMMP as follows:
A. Full compliance. If the administrative authority determines that the
applicant has fully complied with the C&DMMP requirements applicable to the
project, the administrative authority shall cause the full diversion security deposit
to be released to the applicant.
B. Good faith effort to comply. If the administrative authority
determines that the C&DMMP has not been complied with, the administrative
authority may determine whether the applicant made a good faith effort to comply
with this article. In making this determination, the administrative authority shall
consider the availability of markets for the C&D materials transported for disposal
in a landfill or transformation facility, the size of the project, and documented
efforts of the applicant to divert C&D materials and remove inert waste from the
waste stream. If the administrative authority determines that the applicant has
made a good faith effort to comply with this chapter, the administrative authority
shall approve the release of the diversion security deposit, or a portion thereof, to
the applicant. Any portion of the diversion security deposit not released to the
applicant shall be forfeited to the city.
C Failure to comply. If the administrative authority determines that the
applicant has not made a good faith effort to comply with this article, or if the
applicant failed to submit the documentation required in Section 8.36.670, within
the required time period, then the diversion security deposit shall be retained by
the city for purposes of promoting recycling within the city.
D. Partial refund. The administrative authority may authorize a partial
refund of the diversion security deposit when the diversion requirement has not
been met. Any partial refund shall be made in the same ratio as the
demonstrated amount of diverted C&D material and inert waste, respectively,
waste bears to sixty-five percent (65%) by weight. The remaining diversion
security deposit non-refunded shall be forfeited to the city.
E. Withdrawal of permit application. The administrative authority may
authorize the refund of any diversion security deposit of the permit application for
a covered project is withdrawn or cancelled prior to work commencing.
Diversion security deposits retained by the city may be used only for
payment of diversion security deposit refunds; costs to administer the program
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established by this article; and cost of programs to achieve diversion of C&D
materials from disposal at disposal facilities.
8.36.685 C&DMMP exemptions.
A. Application. If an applicant for a covered project experiences or
anticipates unique circumstances that the applicant believes make it non feasible
to comply with the diversion requirement, the applicant may apply for an
exemption at the time that the applicant submits the C&DMMP required under
this chapter. The applicant shall indicate on the C&DMMP the maximum rate of
diversion the applicant believes is feasible for each material, by weighted
percentage, and the specific circumstances that the applicant believes make it
non feasible to comply with the diversion requirement. A review fee for the
C&DMMP exemption process shall be established by resolution of the city
council.
B. Meeting with the administrative authority. The administrative
authority shall review the information supplied by the applicant and may meet
with the applicant to discuss possible ways of meeting the diversion requirement.
Based on the information supplied by the applicant, the administrative authority
shall determine whether it is possible for the applicant to meet the diversion
requirement.
C. Granting of exemption. If the administrative authority determines
that it is not feasible for the applicant to meet the diversion requirement, the
administrative authority shall determine the maximum feasible diversion rate for
each material and shall indicate this rate on the C&DMMP submitted by the
applicant. The administrative authority shall return a copy of the C&DMMP to the
applicant marked "approved for partial exemption" and shall notify the Division of
Building and Safety that the C&DMMP has been approved.
D. Denial of exemption. If the administrative authority determines that
it is possible for the applicant to meet the diversion requirement, the
administrative authority shall deny the application for exemption and inform the
applicant in writing of the denial and reasons for the denial. The applicant shall
have thirty days after the receipt of notification to resubmit a C&DMMP form in
full compliance with this article. If the applicant fails to resubmit the C&DMMP, or
if the resubmitted C&DMMP does not comply with this article, the administrative
authority shall deny the C&DMMP and the Division of Building and Safety shall
not issue a permit for that project.
8.36.690 Appeals.
A. A decision or order of the administrative authority shall be final and
conclusive unless the applicant files a notice of appeal to the city council with the
city clerk (with a copy to the city manager and the city attorney) within ten (10)
days of mailing of the decision. The notice of appeal to the city council shall
state the legal basis and all legal and factual contentions of the franchisee and
shall include all evidence, including, but not limited to, affidavits, documents,
photographs, CDs, and DVDs. A notice to appeal to the city council shall not be
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accepted by the city clerk for filing unless accompanied by a notice of appeal
filing fee in an amount to be established by resolution of the city council.
B. The written appeal shall be considered by the city council no more
than sixty (60) business days from the date of the filing.
C. The final ruling made by the city council, shall be in writing, stating
the legal and factual basis for the decision. The decision shall be final and
conclusive.
8.36.695 Enforcement.
A. Inspection. The administrative authority may inspect project sites
for compliance with this article.
B. Civil action. Violation of any provision of this article may be
enforced by any means available to the city, including, but not limited to, an
action for injunctive relief. In any civil enforcement action, administrative or
judicial, the city shall be entitled to recover its attorney's fees and costs from a
person who is determined by a court of competent jurisdiction to have violated
this article.
Article VII: Self-Haulers
8.36.720 Self-haul exemption.
A. To enable the city to comply with required diversion requirements,
any person responsible for day-to-day activities or operations of any residential or
commercial premises disposing of solid waste, or green waste, which they have
generated ("self-haulers") must obtain a self-haul exemption permit from the city
authorizing that person to transport that solid waste to a licensed materials recovery
facility, transfer station or disposal facility.
B. Before collecting or transporting solid waste, including green waste,
each person responsible for day-to-day activities or operations of any residential or
commercial premises requesting to self-haul shall obtain a self-haul exemption
permit from the city. The self-haul exemption permit must be renewed on an
annual basis and all applicants must pay an exemption fee to offset the expense to
the city for processing, handling, and performing the required work associated with
the solid waste self-haul exemption permit process. The exemption fee shall be
established by resolution of the city council.
C. An application for a self-haul exemption permit must be made on the
form provided by the city and submitted to the administrative authority for review
and determination as to eligibility.
D. Persons issued a solid waste self-haul permit may not: (1) dispose of
the solid waste generated on their premises in the container of another premises or
in any public street or park container, or (2) otherwise dispose of their solid waste in
violation of this chapter.
E. An exemption from solid waste service by self-haul permit or any
extension of such an exemption permit shall remain valid for one (1) calendar year
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or the partial calendar year from January to December. Renewals of solid waste
exemption permits must be resubmitted annually by December 1, for the next
calendar year.
F. If the administrative authority determines that the holder of a solid
waste self-haul permit is not complying with the conditions of the exemption permit
or requirements of this chapter or code, written notice will be given to the permittee
to correct the violations. If permittee fails to comply within thirty (30) days, city may
revoke the self-haul permit, issue a citation to the person in charge of day-to-day
activities or operations for violation of this section and require the arrangement for
the provision of solid waste service at the premises and arrange for billing to the
person in charge of day-to-day activities or operations.
8.36.730 Self-haul disposal at authorized sites.
To enable the city to comply with diversion rates required by AI3939,
persons disposing of solid waste, including green waste, which they, or occupants
of a premises of which they are in charge of day-to-day activities or operations,
have generated ("self-haulers") may obtain a self-haul exemption permit from the
city authorizing that person to transport that solid waste to a licensed materials
recovery facility, transfer station, or disposal facility within the County of Ventura.
8.36.740 Self-haul reporting requirements.
Each person with a valid self-haul exemption permit shall submit reports to
the city, in a format and at a frequency determined by the administrative authority.
Required report information shall include, but is not limited to, the type, quantity,
volume, weight, and disposal facility destination of the solid waste collected in the
city, and gate tickets or receipts to substantiate its disposal and recycling reports.
Reports are due within ten (10) business days of month-end, in a format prescribed
by the city manager. Failure to submit required self-haul permit reports to the city
within the required frequency shall be a basis for revocation of a self-haul
exemption permit.
8.36.750 Licensed contractors.
Licensed contractors, with a valid city of Moorpark business registration,
performing work within the scope of their licenses, to which the removal of C&D
material is incidental, within the city may remove and recycle or otherwise dispose
of C&D material that is generated without obtaining a self-haul exemption permit,
provided that the C&D material is transported in contractor-owned containers and
vehicles, and vehicles capable of transporting said material, by contractor's
employee(s). Contractor must abide by Article VI if the permitted project falls within
a covered project. If contractor does not own the containers and vehicles, or if the
C&D material is to be transported by a person(s) other than the contractor's
employees, the self-haul option is not applicable.
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Article VIII: Enforcement
8.36.820 Enforcement.
Pursuant to Cal'rfomia Penal Code Section 836.5, the city manager or the
city manager's designee(s) is authorized to enforce the provisions of this chapter as
well as those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4,
374d, and 375; California Government Code Sections 60855 et seq.; and the
California Vehicle Code Sections 23111 and 23112, as they may be amended from
time to time. This authority shall be in addition to the authority granted to law
enforcement personnel pursuant to this municipal code, including, but not limited to,
the authority to seize bins as evidence of criminal violations, when appropriate.
8.36.830 Enforcement by designees.
Wherever in this chapter enforcement authority is given to any city employee
or officer, such authority may be exercised by designees of those employees and
officers.
8.36.850 Violations punishable.
Except as otherwise provided by this chapter, violations of this chapter are
punishable as set out in Chapters 1.10 through 1.16 of the Code."
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