ORD 450ORDINANCE NO. 450
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING
CHAPTERS 6.04 AND 6.05 OF TITLE 6, OF THE LA
QUINTA MUNICIPAL CODE RELATED TO THE
COLLECTION, TRANSPORTATION AND DISPOSAL OF
SOLID WASTE AND RECYCLABLE MATERIALS IN THE
CITY
WHEREAS, the City Council of the City of La Quinta is committed to
protecting the public health, safety, and welfare of the community, and to meet
these goals it is necessary for the City Council to adopt measures, from time to
time, to meet threats to the public health, safety, and welfare; and
WHEREAS, the City Council has granted an exclusive franchise for solid
waste handling services within City (the "Agreement") to a solid waste enterprise
(the "Contractor"), and finds the uniform collection and disposal of solid waste in a
manner consistent with the terms of the Agreement to be in furtherance of the
public health, welfare, and efficient administration of municipal waste
management; and
WHEREAS, the City finds it necessary to amend its current ordinances
related to the collection and disposal of solid waste and recyclable materials in
order to maintain uniformity between local regulations, State laws governing solid
waste disposal and recycling, and the Agreement; and
WHEREAS, the City desires to enable residential and commercial property
owners to "self haul" waste generated on said properties in.lieu of contracting for
solid waste handling services with Contractor; and
WHEREAS, in order to protect the public health, safety and efficient
administration of municipal waste hauling, it is necessary for the City to oversee
and regulate the frequency and quality of self hauling activities within the City's
jurisdiction;
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. RE -TITLING OF AND AMENDMENT TO MUNICIPAL CODE
TITLE 6, CHAPTER 6.04: Chapter 6.04 of Title 6 of the La Quinta Municipal Code
is hereby re -titled to read "Solid Waste Collection and Disposal" and is hereby
amended in its entirety to read as set forth on the attached Exhibit A.
Ordinance No. 450
Municipal Code Chapter 6
Sections 6.04 & 6.05
Adopted: January 15, 2008
Page 2
SECTION 2. RE -TITLING OF AND AMENDMENT TO MUNICIPAL CODE
TITLE 6, CHAPTER 6.05: Chapter 6.05 of Title 6 of the La Quinta Municipal Code
is hereby re -titled to read "Reserved" and is hereby amended in its entirety such
that its entire content is deleted from the Municipal Code.
SECTION 3. PUBLIC WELFARE: Based on the recitals in this Ordinance and
the information in the staff report, the City finds and determines that this
Ordinance will not create conditions that are materially detrimental to the public
health, safety or general welfare, and rather, the adoption of this Ordinance will
contribute to the general health, safety and welfare of the community.
SECTION 4. SEVERABILITY: If any section, subsection, subdivision,
paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason,
held to be unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part thereof. The City Council herby
declares that it would have adopted this Ordinance and each section, subsection,
subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of
the fact that one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases be declared unconstitutional or invalid or effective. To this end
the provisions of this Ordinance are declared to be severable.
SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after adoption.
SECTION 6. POSTING: The City Clerk shall cause this Ordinance to be posted
in at least three public places designated by resolution of the City Council, shall
certify to the adoption and posting of this Ordinance, and shall cause this Ordinance
and its certification, together with proof of posting to be entered into the BOOK of
ORDINANCES of the City of La Quinta.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 151h day of January, 2008, by the following vote:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No. 450
Municipal Code Chapter 6
Sections 6.04 & 6.05
Adopted: January 15, 2008
Page 3
DON ADO PH, yor
City of La Quinta, California
ATTEST:
VERONICA J.xONTECINO; CMC, City Clerk
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
A.KAT ERIN N N, City Att-olney
City of La Quin alifornia
Ordinance No. 450
Municipal Code Chapter 6
Sections 6.04 & 6.05
Adopted: January 15, 2008
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA 1
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
450 which was introduced at a regular meeting on the 181h day of December,
2007, and was adopted at a regular meeting held on the 15`h day of January,
2008, not being less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-115.
VERONICA J. M TECINO, CMC, C
City of La Quieffa, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on lJ6frlu�t✓� 5g
pursuant to Council Resolution.
CIVIC, City Clerk
City of La Quinta, California
ORDINANCE NO. 450
EXHIBIT A
06.04.010 Definitions.
The words and phrases contained in this Chapter shall have the meaning commonly
associated with them unless special meaning is ascribed to them by the California
Public Resources Code or the California Code of Regulations (as either may be
amended from time to time) in which case such meaning shall apply; except that
the following words shall, for the purpose of this Chapter, be defined as follows:
(a) "AB 939" shall mean that State legislation commonly known as the
California Integrated Waste Management Act (Stats. 1989, Chapter 1095, as
amended) as codified in Public Resources Code section 49000, et seq.
(b) "Bins" shall mean a metal container, commonly referred to as dumpsters,
including compactors and any similar such devices, with a capacity of under ten
(10) cubic yards.
(c) "Cart" means a plastic container provided by a Franchisee for Collection,
with a hinged lid and wheels serviced by an automated or semi -automated process,
as opposed to a manual process of lifting and dumping.
(d) "City" means the City of La Quinta.
(e) "City Manager" means the City Manager of the City or his duly -authorized
representative or designee.
(f) "Collect" or "Collection" or "Collecting" shall mean to take physical
possession of, transport, and remove solid waste from a premises.
(g) "Commercial Premises" means premises upon which business activity is
conducted, including but not limited to retail sales, services, wholesale operations,
manufacturing and industrial operations, but excluding residential premises upon
which business activities are conducted when such activities are permitted under
applicable zoning regulations and are not the primary use of the property.
Notwithstanding any provision to the contrary herein, for purposes of this Chapter,
premises upon. which hotels and motels are operated, and premises upon which
four or more dwelling units exist, shall be deemed to be Commercial Premises.
(h) "Container" means any and all types of solid waste receptacles, including
Carts, Bins, rolloff boxes and receptacles, provided to customers or utilized by Self
Haulers.
(i) "Food Preparation Establishments" means any restaurant, and any other
business, that sells, serves, distributes or manufactures food products such that it
generates food -based solid waste in excess of two (2) cubic yards per week.
(j) "Franchisee" means a person, persons, firm or corporation that has been
issued a franchise by City to provide solid waste handling services within the City.
W "Hazardous Waste" means all substances defined as hazardous waste,
acutely hazardous waste, or extremely hazardous waste by the State of California
in Health and Safety Code sections 25110.02, 25115 and 25117, or in the future
amendments to or re -codifications of such statutes, or identified and listed as
hazardous waste by the US Environmental Protection Agency (EPA) pursuant to the
Federal Resource Conservation and Recovery Act (42 U.S.C. §6901, et seq.), all
future amendments thereto, and all rules and regulations promulgated thereunder.
(1) "Multi -Family Dwelling" means either (i) any building or lot containing four
(4) or more dwelling units; or (ii) any building or lot containing two (2) or more
dwelling units which Franchisee determines (and City agrees) must receive solid
waste handling services through the use of shared Bins, since they are not
reasonably able to receive individualized solid waste handling services through the
use of Carts or customer -provided Containers. Any ambiguity as to whether a
customer's premises qualifies as a single-family dwelling or Multi -Family Dwelling
shall be resolved by the City Manager whose decision shall be final.
(m) "Premises" shall mean any land, building and/or structure within the City
limits where solid waste is generated or accumulated.
in) "Person" means any individual, firm, corporation, association, group or other
entity.
(o) "Recycle" or "Recycling" means the process of Collecting, sorting, cleaning,
treating and reconstituting materials that would otherwise become solid waste and
returning these materials to the economic mainstream in the form of raw materials
for new, reused or reconstituted products which meet the quality standards used in
the marketplace.
(p) "Recyclable Material" means that solid waste capable of being recycled,
including but not limited to glass, newsprint, newspaper, aluminum, cardboard,
certain plastics or metal.
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829255 03 aI2a7/07 Ordinance No. 450 Page 2
(q) "Residential Premises" shall mean all Premises upon which Dwelling Units
exist. Notwithstanding any provision to the contrary herein, for purposes of this
Chapter, Premises upon which hotels and motels are operated, and Premises upon
which four (4) or more Dwelling Units exist, shall be deemed to be Commercial
Premises.
(r) "Rolloff Box" means Containers of ten (10) cubic yards or larger, including
compactors.
(s) "Self Hauler" means any Person or entity that, pursuant to Section
10.04.090 of this Chapter, provides for the Collection, transportation and disposal
of solid waste generated by his/her/its own Premises.
(t) "Solid Waste" shall mean and include all discarded putrescible and non-
putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse,
rubbish, construction waste, industrial waste, commercial Solid Waste, and any
other discarded solid, semisolid and liquid waste permitted to be disposed of at a
Class III landfill and which are included within the definition of "Nonhazardous Solid
Waste" set forth in the California Code of Regulations, as it may be amended from
time to time. Solid Waste does not include Hazardous Waste (Class 1), low-level
radioactive waste, untreated medical waste, or Special Wastes as defined herein.
(u) "Special Wastes" shall mean wastes other than Solid Waste, including
sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil,
Hazardous Waste, animal body parts, explosive substances, radioactive materials,
acids, solvents and other materials which may not be disposed of at a Class III
landfill or which require special handling.
(w) "Yard Waste" means all leaves, grass cuttings and shrubs that accompany
routine household or property maintenance functions.
6.04.020 Authority to Grant Franchises. The City Council may by resolution or
ordinance grant one or more franchises for solid waste handling services related .to
Solid Waste generated within the City.
6.04.030 Subscription to Collection Service or Self -Hauling.
(a) Arrangements for Removal of Solid Waste Mandatory. Except as otherwise
provided in this Chapter, the owner, property manager, tenant and/or Person in
charge or control of each Residential Premises and each Commercial Premises in
the City shall either (i) subscribe to solid waste handling services with a Franchisee
for said Premises; or (ii) obtain and maintain registration as a self -hauler as set forth
in this Chapter in connection with said Premises.
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829255 03 a 2R2/02 Ordinance No. 450 Page 3
(b) Exception; Vacant Premises. The above requirement to provide for solid
waste handling services shall not apply in connection with any Residential Premises
at which all dwelling units are vacant, or Commercial Premises that are vacant, for
a period of one hundred twenty (120) days or more, provided this exception shall
only apply during the period of vacancy. Any Person seeking to avail
himself/herself of the exception provided herein shall bear the burden of providing
reasonable evidence to City, pursuant to such regulations or guidelines as the City
Manager is hereby authorized to develop, demonstrating the Premises was vacant
for the period in question.
06.04.040 Public Nuisance.
(a) It is unlawful, and a public nuisance, for any Person to occupy or inhabit any
property within the City for which arrangements have not been made and kept in
full force and effect for solid waste handling services in a manner consistent with
the provisions hereof.
(b) The keeping of Solid Waste in Containers other than those prescribed by this
Chapter, or the keeping upon Premises of Solid Waste which is offensive,
obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be
abated in the manner now or hereafter provided by law for the abatement of
nuisances.
06.04.050 Containers.
(a) Every owner, occupant or Person in possession, charge or control of any
Premises within the City shall deposit or cause to be deposited all Solid Waste
generated or accumulated on such Premises, and intended for Collection and
disposal, in sealed, watertight Bins, Carts, Rolloff Boxes or other Containers that
are either (i) provided by, or acceptable to, a Franchisee; or (ii) approved by the
City Manager for self -hauling purposes pursuant to this Chapter. No owner,
occupant or Person in possession, charge or control of any Premises shall utilize a
Bin, Cart, Rolloff Box or other Container not in conformance with the requirements
hereof for the Collection, accumulation or storage of Solid Waste.
(b) No Bin, Cart, Rolloff Box or other Container shall be placed adjacent to or in
a street or public right-of-way for Collection service more than twenty-four (24)
hours prior to the normal Collection time, and all Containers so placed shall be
removed from the street or right-of-way within twelve (12) hours after Collection.
(c) Container lids shall remain closed at all times that the Container is
unattended. If the Solid Waste contained within a Bin, Cart, Rolloff Box or other
Container exceeds the actual capacity of the Container, then a larger Container or
multiple Containers must be utilized. Any Solid Waste that does not reasonably fit
within a Container (such as furniture or other large bulky items) must be covered
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82925503 a] 2/27/07 Ordinance No. 450 Page 4
and protected, as by a tarp, netting or other secured material, in order to prevent
the scattering of debris by natural forces such as wind or animals. The owner,
tenant, occupant and/or Person or entity in control of a Premises shall be
responsible for the clean-up of any Solid Waste spilled, dumped or scattered as a
result of a Container overflow.
(d) It is unlawful for any Person to share, place Solid Waste in, or to otherwise
use the Bin, Cart, Rolloff Box or other Container of another Person or business.
Notwithstanding anything contained herein to the contrary, the sharing of
Containers shall be permitted under the following conditions:
(1) The owner, property manager or Person in charge or control of a
Premises upon which a Multi -Family Dwelling exists may arrange for Bins,
Carts, Rolloff Boxes or other Containers for shared use by the occupants,
tenants or Persons in possession of the dwelling units on such Premises.
(2) The occupants of a single commercial building or contiguous and
adjacent commercial building may share a Bin, Cart, Rolloff Box or other
Container for solid waste handling services at a common location, subject to
approval of the City Manager, which may be delegated to a Franchisee.
Approval by the City Manager shall be based upon (i) the type of Solid Waste
generated by each Commercial Premises; and (ii) the number of Containers
and frequency of Solid Waste Collection needed to protect the public health,
welfare and safety.
(e) Bins and Rolloff Boxes shall not be located at Single -Family Dwellings or
dwelling units within the RVL, RL and RC zones except for the following purposes:
(1) Home improvement and/or temporary cleanup of a vacant lot or
dwelling provided that all applicable permits and licenses have been
obtained; or
(2) Holding special events including, but not limited to, sponsored and
permitted cleanup campaigns. Placement of such Containers for the event
shall be limited to forty-eight (48) hours prior to the event and forty-eight
(48) hours following the event.
(f) It is unlawful to use any Bin, Cart, Rolloff Box or other Container furnished
by a Franchisee for any purpose other than the Collection, accumulation and
storage of Solid Waste; or to convert or alter such Containers for other uses; or to
intentionally damage such Containers.
(g) All Carts as well as Containers provided by residents for Collection by a
Franchisee shall be stored out of public view in a side or rear yard or an enclosed
garage except on Collection day. If the physical design of the dwelling does not
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829255 03 al2/27/07 Ordinance No. 450 Page 5
allow for obscuring Containers from public view because of the type of fencing or
lack thereof, Containers shall be stored in an area adjacent to the dwelling at the
point furthest from the closest street or roadway or in an enclosure adjacent to the
dwelling designed to conform with the exterior design of the dwelling.
(h) A trash bin enclosure shall be provided to obscure any Bin used for Solid
Waste Collection from public view. Such enclosure shall meet the construction,
location and access requirements established by City's community development
department. Upon receipt of notification from City to provide an enclosure, the
owner of any property so notified shall have six (6) months to complete
construction of the enclosure. A six (6) month extension to complete construction
of an enclosure may be granted by the director of community development and/or
the City Council based on individual need, but in no event shall completion of
construction of a bin enclosure exceed one (1) year from the date of receipt of
notification to provide an enclosure.
(i) No Commercial Premises nor any Premises upon which a Multi -Family
Dwelling is located shall be granted a certificate of occupancy unless and until a bin
enclosure meeting the specifications of the community development department
has been constructed.
06.04.060 Frequency of Collection.
(a) Residential Premises. With the exception of vacant Premises meeting the
provisions of Section 06.040.030(b) above, not less than once per week, every
owner, occupant or Person in possession, charge or control of any Residential
Premises within the City shall remove by self -hauling (as provided herein) or cause
to be removed by subscription to services provided by a Franchisee all Solid Waste
stored, generated, Collected or accumulated on such Premises.
(b) Commercial Premises.
(1) General. With the exception of vacant Premises meeting the
provisions of Section 06.040.030(b) above, not less than once per week,
every owner, occupant or Person in possession, charge or control of any
Commercial Premises within. the City shall remove by self -hauling (as
provided herein), or cause to be removed by subscription to services
provided by a Franchisee, all Solid Waste stored, generated, collected or
accumulated on such Premises.
(2) Food Preparation Establishments. Commercial Premises upon which
Food Preparation Establishments exist shall remove by self -hauling (as
provided herein), or cause to be removed by subscription to services
provided by a Franchisee, all Solid Waste generated, stored, collected or
accumulated thereon not less than twice per week. A Food Preparation
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829255 03.12/27107 Ordinance No. 450 Page 6
Establishment may obtain an exemption from the minimum bi-weekly
Collection requirement if the City Manager determines that based on unique
factors at such business, a lesser frequency of Solid Waste Collection will
not result in an unreasonable detriment to the public health, safety and
sanitary needs.
(c) Modifications to Collection Frequency. The City Manager may provide
written notice to the owner of any Premises that the above minimum removal
requirements are not sufficient to avoid the creation of a public nuisance due to
unique circumstances at such Premises. City may direct that Solid Waste shall be
removed by the owner of any Premises so notified on a more frequent schedule (as
determined by City) and/or that additional or larger Containers shall be utilized (as
determined by City).
06.04.070 Unlawful and Prohibited Acts.
(a) It is be unlawful for any Person other than a Franchisee (or its agents and
employees) to Collect any discarded Solid Waste including Recyclable Material, or
otherwise provide solid waste handling services within the City. This prohibition
shall not, however, apply to:
(1) registered Self -Haulers as defined in this Chapter;
(2) the owner, tenant or occupant of Residential or Commercial Premises
who has subscribed for and is receiving solid waste handling services with a
Franchisee, when such owner, tenant or occupant is hauling materials
generated at his/her own Premises to a lawful disposal or recycling facility.
This exemption does not permit the hiring of any Person or entity, other than
a Franchisee, to haul Solid Waste from one's own Premises;
(3) the Collection, transportation and disposal of construction and
demolition debris by a contractor, handyman, repairman or other similar
service provider as an incidental part of the services provided to its
customers rather than as a hauling service, provided that such Solid Waste is
not Collected or transported by a third party hired for the primary purpose of
Collecting and transporting said materials, and further provided that such
services comply with any ordinances, policies and regulations of City relating
to the Collection of such materials (i.e., the City's C&D Ordinance);
(4) the Collection, transportation and disposal of Yard Waste, green waste
and related Solid Waste by a gardener or landscaper as an incidental part of
the gardening or landscaping services provided to its customers, rather than
as a hauling service, provided that such Solid Waste is not Collected or
transported by a third party hired for the primary purpose of Collecting and
transporting said materials
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829255 03 a12/27/07 Ordinance No. 450 Page 7
(5) any Person or entity Collecting Recyclable Material sold or donated to
it by the Person or entity that generated such Recyclable Material (the
.'generator") provided, however, to the extent permitted by law, if the
generator is required to pay monetary or non -monetary consideration for the
Collection, transportation, transfer or processing of Recyclable Material, the
fact that the generator receives a reduction or discount in price therefor (or
in other terms of the consideration the generator is required to pay) shall not
be considered a sale or donation.
(b) It is unlawful for any Person, other than the owner, occupant or Person in
possession, charge or control of any Residential or Commercial Premises, or a
Person authorized by law (such as a Franchisee), to remove any Bin, Cart, Rolloff
Box or other Container from any such Premises or from any location where it was
lawfully placed for Collection, without the prior written approval of the owner,
occupant or Person in possession, charge or control of such Premises.
(c) No Person shall place Solid Waste adjacent to a street or public right-of-way
for Collection by a Franchisee without having first subscribed for solid waste
handling services with such Franchisee.
(d) It is unlawful for any Person to place or deposit institutional, commercial or
industrial Solid Waste in any Container placed upon the public street by public
authority, and meant primarily for the disposal of Solid Waste by pedestrians using
the sidewalk.
(e) No Person shall burn any Solid Waste within the City, except in an approved
incinerator or other device for which a permit has been issued by the building
official and fire marshal, and which complies with all applicable local, state and/or
federal permit requirements, laws, rules and regulations.
(f) It is unlawful for any Person, other than a Franchisee, to take, remove or
appropriate for his/her own use any Solid Waste, including Recyclable Materials,
which has been placed in any street or alley for Collection or removal by a
Franchisee, regardless of whether the Solid Waste is placed in a Bin, Cart, Rolloff
Box or other Container.
06.04.080 Use of Containers for Solid Waste Generated During Construction and
Demolition.
Any Person who generates Solid Waste in connection with the construction of a
new building, a building addition, remodel, or the demolition of any structure for
which a building permit is required, shall either make arrangements for solid waste
handling service with the use of Containers from a Franchisee, be registered to Self
Haul such Solid Waste in the manner set forth herein, or make arrangements
pursuant to Section 06.04.070(3). In addition to constituting a violation of this
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829255 03 a12/n/07 Ordinance No. 450 Page 8
Chapter, failure to produce evidence of compliance with this Section upon the
request of a City building inspector, code enforcement officer or other City officer
shall result in the red -tagging of the project by the City and a requirement that all
work cease until compliance with this Section.
06.04.090 Self Haulers.
(a) Self Haulers registered and operating in accordance with this Chapter are
only permitted to Collect, transport and dispose of Solid Waste generated by and
upon the Self Hauler's own Premises. Under no circumstances may a Self Hauler
Collect, transport or dispose of Solid Wastes generated upon Premises that are not
owned, operated or controlled by the Self Hauler. Notwithstanding any other
provision of this Chapter, registered Self Haulers shall not be permitted to share,
place Solid Waste in, or to otherwise use the Bin, Cart, Rolloff Box, or other
Container of another Person or business.
(b) Registration. All Self Haulers shall subscribe to the following registration
requirements:
(1) Each Self Hauler shall obtain registration from the City Manager. Self
Haulers must renew their registrations the commencement of each fiscal
year. Initial applications following the adoption of these regulations, for the
2007-2008 fiscal year, must be submitted to the City Manager on or before
March 1, 2008.
(2) The application to register for self -hauling, whether upon initial
application or renewal, shall include the following: (i) a list of all Bins, Carts,
Rolloff Boxes and other Containers to be used by the Self Hauler; (ii) a list of
all transport and disposal equipment to be used by the Self Hauler; (iii) a
written explanation of where all Solid Waste will be delivered for disposal
and diversion; (v) a written plan explaining to the reasonable satisfaction of
the City Manager how not less than fifty percent (50%) of Solid Waste
Collected will be diverted from disposal in compliance with AB 939; and NO
any other information deemed necessary by the City Manager to ensure
protection of public health, safety and sanitary needs.
(3) Renewal applications shall additionally include: (i) receipts from self -
hauling activities undertaken in the prior year demonstrating that the
applicant has effectively diverted at least fifty percent (50%) of all Solid
Waste generated at its Premises from landfills in a manner that complies with
the requirements of AB 939; and (ii) receipts from self -hauling activities
undertaken in the prior year demonstrating that the applicant has delivered
Solid Waste generated at its Premises to appropriate disposal or recycling
facilities at least as frequently as Collection is required for such Self Hauler
by the City Manager.
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(4) The City Manager shall approve the application if it meets the
requirements of this Section, and if the equipment, Containers, diversion plan
and disposal plan meet with his reasonable satisfaction, and if evidence of
past diversion and disposal requirements demonstrate the applicant has
complied with the fifty -percent (50%) diversion requirement and otherwise
complied with all laws related to disposal of Solid Waste.
(c) Containers. Each Self Hauler shall provided its own Bins, Carts, Rolloff
Boxes or other Containers. Bins, Carts, Rolloff Boxes or other Containers utilized
by a Self Hauler must conform to industry standards for solid waste disposal and
must be approved by the City Manager in writing prior to issuance of a self -hauler
registration. In addition, any Containers utilized by a Self Hauler shall comply with
the following requirements:
(1) All Containers shall be maintained in good repair, and any question as
to the meaning of this standard shall be resolved by the City Manager.
(2) All Containers shall be maintained in a sealed, watertight condition;
(3) Self Haulers shall remove any graffiti that appears on Containers
within twenty-four (24) hours after becoming aware of it.
(d) Collection and Transport Equipment. Collection and transport equipment,
including but not limited to transport trucks and vehicles, utilized by a Self Hauler
must be approved by the City Manager in writing prior to issuance of a self -hauler
registration.
(e) Non -Commercial Venture. It is the intent of this Chapter to prevent and
proscribe self -hauling activities undertaken as a commercial enterprise. Self
Haulers must obtain all equipment, including Containers and Collection and
transportation equipment, at a fair market value that does not include any hauling
services, "free" or otherwise. A Self Hauler may utilize its own employees to
undertake self -hauling activities, but under no circumstance may a Self Hauler
utilize an independent contractor or any other Person or entity for waste disposal
services other than a Franchisee.
(f) Other Recycling Obligations. Self Haulers shall Recycle all Recyclable
Materials not otherwise addressed by this Section to a degree and in a manner
consistent with standards generally applicable to the solid waste disposal industry
and as required by State law.
(g) Collection Frequency. Unless otherwise specifically provided in this Chapter,
Self Haulers shall remove Solid Wastes from their Premises at least once per week.
However, upon application to the City for a self -hauler permit, the City Manager
may determine a different frequency for Solid Waste Collection, transport and
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829255.03 a12/27/07 Ordinance No. 450 Page 10
disposal from the Self Hauler's Premises. This determination shall be based upon
the nature of the Premises, the type of Solid Waste generated by the Premises, and
the Collection capacity of the Self Hauler as demonstrated by information in the
application.
(h) Hazardous and Special Wastes. Unless lawfully and currently licensed under
state, federal and local laws, no Self Hauler shall engage in the Collection,
transport or disposal of Hazardous Waste or Special Wastes.
(i) Revocation. The City Manager may revoke a self -hauler permit if the
permittee either (i) fails to divert at least fifty percent (50%) of all Solid Waste
generated at its Premises from landfills in a manner that complies with the
requirements of AB 939; or (ii) fails to deliver Solid Waste generated at its Premises
to appropriate disposal or recycling facilities at least as frequently as Collection is
required for such Self Hauler by the City Manager.
06.04.100 Violations.
Any violation of this Chapter is punishable as a misdemeanor.
384/015610-0089
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