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HomeMy WebLinkAboutRES 90-95RESOLUTION NO . 90-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PERMIT SYSTEM FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE. A. RECITALS (i) Ordinance 2-90, Section 3, of the City of Diamond Bar states that the City Council shall have the authority to issue permits to regulate the collection and disposal of refuse, trash, rubbish and other forms of solid waste; and (ii) The City Council has determined that the disposal and collection of refuse, trash, rubbish and other forms of solid waste is a service best performed in accordance with the provisions of this Ordinance; and (iii) Section 4 of said Ordinance states that the City may from time to time issue permits to those parties meeting the criteria of this Ordinance and such standards as may be established by resolution of the City Council; and (iv) The City Council finds and declares that the regulation of residential and commercial waste haulers is necessary and appropriate in that; (a) Recently enacted State legislation (AB 939) requires the City to conduct a waste characterization study to include an analysis of the specific waste materials, by quantity, which are currently disposed and/or diverted from landfill. (b) The City is required by July 1, 1991, to prepare and submit to the California Integrated Waste Management Board a Source Reduction and Recycling Element which identifies how the City will divert through a combination of source reduction, recycling, and composting 25% of its solid wastes from landfill by 1995, and 50% by the year 2000. (c) Information from waste haulers regarding the amount of solid wastes collected and disposed, as well as, the amount and type of materials diverted from landfill will be vital for compliance with the State mandated requirements. (d) The unregulated collection of refuse creates the potential for property damage, personal injury, as well as, City liability. (v) The City Council has determined that no person shall engage in the business of collecting, removing or disposing of any refuse, trash, rubbish, green wastes, recyclable materials or other solid waste including hazardous wastes or infectious medical waste, within the City from any residential or commercial premises, nor transport the same over any public street or right-of-way, unless a permit to do so has first been obtained from the Council and such person complies with the provisions of said Ordinance and any other regulation which have been adopted pursuant to that Ordinance. B. RESOLUTION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 1. That the above recitations are true. 2. That a permit system for the collection and disposal of refuse, trash, rubbish and other forms of solid waste will be established as set forth in Exhibit "A". 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 12 day of November, 1990. YOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on 1_ day of November, 1990, by the following vote: AYES: COUNCILMEMBERS Papen Kim M/Werner NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAINED: COUNCILMEMBERS Horcher MPT/Forbing D Ci Y CLERK OF ^ - - CITY OF DIAMOND l EXHIBIT "A " Permit System for the Collection and Disposal of Solid Waste Within the City of Diamond Bar PURPOSE: It is the intent of the City Council to adopt a permit system for the collection and disposal of residential, commercial, and industrial waste pursuant to Government Code Section 66757 (b). Furthermore, the City Council may, by ordinance or resolution, prescribe terms and conditions which regulate the nature, location and extent of the collection services provided, including, but not limited to, the frequency of collection, the means of collection and transportation, levels of service, and charges and fees associated with the provision of solid waste collection services. POLICY: SECTION 1.0: Administration. The City Manager or his designee is empowered to adopt regulations consistent with the provisions of Ordinance 2-90. The regulations adopted by the City Manager shall be considered conditions of any Solid Waste Permit issued pursuant to Section 28 of said Ordinance. SECTION 1.1: Permit Required. No person shall provide solid waste handling services or conduct a solid waste enterprise in the City of Diamond Bar without first obtaining a solid waste permit pursuant to the provisions of Section 4 of Ordinance 2-90. SECTION 1.2: Applications. Applications for solid waste permits shall be submitted in the form prescribed the City Manager and shall be accompanied by the fee specified by resolution. No permit shall be issued unless and until the applicant has provided all information requested by the application. SECTION 1.3: Issuance of Permit. Pursuant to Ordinance 2-90, Section 25, the City Manager shall issue a solid waste permit if: (a) Applicant is a Solid Waste enterprise: (b) Applicant has provided all information required by the application and requested by the City Manager; 1 (c) Applicant agrees, in writing, to comply with all current regulations promulgated by the City Manager, and such additional regulations as may be promulgated in the future, _ including special conditions to the permittee imposed by the City Manager; (d) Applicant has provided the City Manager with evidence of the insurance and performance deposits required by Section 25 (c) (e) . The City Manager may impose special conditions to the extent deemed necessary or appropriate to insure compliance with the provision of said Ordinance. SECTION 1.4: Time within which action on permit shall be taken. Within thirty (30) days after receipt of all of the information requested of an applicant, the City Manager shall either grant or deny the permit and immediately shall notify the applicant by certified mail of the action taken. SECTION 1.5: Term and Renewal of Permit. Solid Waste permits issued pursuant to the provisions of Section 4 shall expire on December 1st of the year following the year in which the permit was granted. Solid waste permits may be renewed if the permittee submits an application for renewal on a form prescribed by the City Manager, accompanied by the fee specified by resolution of the City Council at least thirty days prior to expiration of that permit. The City Manager shall renew the permit if, during the term of the then current permit, the -' permittee complied with the provisions of said Ordinance, the regulations adopted by the City Manager, and any conditions imposed upon the permit. SECTION 1.6: Effective Date. A permit for the collection and disposal of solid waste shall be valid until suspended or revoked pursuant to the provisions of Section 26 (c). The terms of this permit shall become effective December 1, 1990 and remain valid for one year. Upon commencement of the term hereof, any previously existing permits between parties shall have no further force and effect, except as to any right or obligations which may have accrued to either party under the terms of said previous permits. SECTION 1.7: Limitations on Solid Waste Permits. Solid Waste Permits shall not exceed the number of issued permits that are current on the effective date of this Section. No new applications shall be accepted nor shall any new permits be issued as of the effective date of this section unless upon the determination of the City Council the particular situation justifies such action. No permit shall be issued to a company which possess a valid permit, if said company fails to renew its permit within six (6) months after the expiration thereof. SECTION 2.0 Insurance. Each permittee shall, prior to the issuance of a permit, provide the City Manager with proof of general public liability insurance coverage against bodily injury and/or property damage arising from the permittee's operations hereunder, with a 2 combined single limit providing protection of at least Five Million Dollars ($5,000,000) for bodily injury or death to any one person, or for any one accident or occurrence and for property damage at least Ten Million Dollars ($10,000,000). Furthermore, a permittee shall obtain and keep in full force and effect during the term of this permit full compensation insurance for all persons who may be employed by the permittee in carrying out work specified in said Ordinance. Such compensation insurance shall be in accordance with the requirements of the State of California. All such policies shall contain language to the effect that (1) the insurer waives the right of subrogation against the City and against the City's agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by the City, and (3) the policy or policies shall contain provisions requiring the City to receive at least thirty days (30) written notice prior to the expiration, cancellation, or any material change in the provisions of any policy or policies of insurance. The insurance policy or policies shall be issued by an insurance company authorized to do business in the State of California. The permittee agrees to furnish the City copies of all such policies promptly upon receipt of them, or certificates evidencing the insurance. SECTION 2.1: Performance Deposit. Permittee shall, prior to the issuance of a permit, provide the City with a performance bond, certificate of deposit, or other form of security acceptable to -the City, in the sum of Five Thousand Dollars ($5,000) annually to insure compliance with the duties and obligations imposed by the provisions of Ordinance 2-90 and any special conditions imposed by the City Manager on the solid waste permits. The permittee shall renew the performance deposit and file it with the City at least thirty (30) days prior to the anniversary date of the permit. SECTION 2.2: Indemnification. Each permittee, as a condition of the Solid Waste Permit, shall indemnify, defend and hold harmless the City, its elected officials and officers, employees and agents, with respect to any loss, liability, injury or damage that arises out of, or in any way related to the acts or omissions of the permittee, its employees, officers and agents in the performance of any activity, function or duty authorized by, or required under the terms of, the solid waste permit. SECTION 3.0: Disclosure. Pursuant to Section 6 of said Ordinance, each permittee shall, as a condition to the Solid Waste Permit, provide the City with monthly service collection reports. The information to be provided shall include, without limitation, the following: 1. Reports specifying the monthly tonnage collected and delivered to landfill by category (i.e., residential, commercial, and industrial); 3 2. Reports specifying the total number of accounts served by regular refuse collection, the amount and type of recyclables recovered and disposed, revenues derived from the sale of recyclables, and total operation costs; and 3. Copies of waste studies conducted by, or on behalf of, the permittee with respect to the permittee Is operations in the City. SECTION 3.1: Recycling Requirements. Each permittee shall, as a condition to the Solid Waste Permit, comply with the recycling requirements generally set forth in Section 6 of said Ordinance. Each permittee shall provide proof of compliance as specified in the law, ordinance, resolution, policy, plan or program or upon written request from the City Manager. SECTION 3.2: Integrated Waste Management Requirements. The City may from time to time require assistance in the preparation and implementation of the City's Source Reduction and Recycling Element (SRRE). Such assistance may include, but is not limited to, sample waste loads for field analysis by the City or its representatives, data compilation, preparation of educational materials, and other reports as requested by the City Manager. SECTION 4.0: Revocation of Permit. The City Manager may revoke a Solid Waste Permit issued pursuant the provisions set forth in Section 26 (c) for any of the following reasons: (a) Permittee has ceased to comply with the requirements for issuance, maintenance or validity of a Solid Waste Permit; (b) Permittee has failed to comply with the provisions of said Ordinance; (c) Permittee has violated the rules and/or regulations adopted by the City Manager pursuant to the authority granted by Section 28; and (d) Permittee has failed to comply with the terms and conditions imposed upon, or made a part of, the Solid Waste Permit. In the event that any provision of this permit is violated by the permittee, the City Manager shall serve the permittee with a Notice of Noncompliance to revoke the Solid Waste Permit if noncompliance is not corrected within thirty (30) days. The notice shall state the reasons for the proposed revocation, the right of the permittee to request a hearing before the City Council and the effective date of the revocation if no hearing is requested. The permittee must within 10 calendar days after receiving this notice, submit a request for hearing before the City Council. If a permittee fails to submit a request by the end of that 10 day period, the permit shall be deemed revoked. 4 The City Council shall preside over the hearing, or appoint in the alternative a hearing officer. The City Council or appointed hearing officer will conduct the proceedings, receive relevant evidence and make proposed findings and recommendations. The City Council shall render a decision within 10 days from the date of the hearing, or submittal of findings and recommendations. The decision of the City Council shall be final. SECTION 4.1: Transfer of Permit. No Solid Waste Permit issued pursuant to the provisions of this Ordinance shall be transferable by assignment, sale, hypothecation, operation of law or otherwise without the expressed written permission of the City Council. SECTION 4.2: Reservation of Rights. Pursuant to Section 29 of Ordinance 2-90, the City of Diamond Bar reserves the right to cancel some or all Solid Waste Permits at such time as the City Council determines to grant an exclusive franchise for the collection and disposal of solid waste. The City also reserves the right to cancel some or all Solid Waste Permits if the City Council determines to expand the City's solid waste collection services. SECTION 4.3: Permit does not Authorize Certain Acts. A permit issued under the provisions of said Ordinance does not authorize any act or acts forbidden by any law, rule, regulation or order of any public agency or department and such fact shall be so stated on'the face of all permits issued. SECTION 5.0: Permit Fees. The permit fees required by Section 26 (a) shall be in addition to any license, permit or fee required by any other Ordinance of the City of Diamond Bar. Fees and charges for collection, removal, and disposal services shall be those which the Council may from time to time hereafter approval by resolution. In determining said fees, the City Council may establish different fees based upon the size of the waste receptacle, the type of service, basic weekly route service, and any special services that may be rendered. SECTION 5.1: Permit Fees for Residential Collection. The annual permit fee for the collection, removal and disposal of residential waste shall be $ per subscriber. Said fee shall be paid monthly. SECTION 5.2: Permit Fees for Commercial Collection. The annual permit fee for the collection, removal and disposal of commercial waste shall be $ per bin. Said fee shall be paid monthly. SECTION 5.3: Permit Fees for Containerized Collection. The annual permit fee for the collection, removal and disposal of refuse accumulated for storage in approved fabricated metal containers shall be $ per container. Said fee shall be paid monthly. 5