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HomeMy WebLinkAboutORD 02A (1990)ORDINANCE NO. 02A (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE 02 (1990) ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1: Ordinance 02 (1990) of the City of Diamond Bar hereby is amended to read, in words and figures, as follows: SECTION 2: The following provisions are hereby adopted as the Collection, Recycling, Transportation, and Disposal of Solid Waste, Recyclable, and Compostable Materials Ordinance of the City of Diamond Bar to read, in words and figures, as follows: . "Solid Waste. Recyclable, and Compostable Materials Collection "Section 1 Legislative Policy. Section 2 Definitions. Section 3 Authority of City Council to Issue Permits. Section 4 Permits for Refuse Collection and Establishment of Collection Fees. Section 5 Unlawful Collection. Section 6 Permittee to have Exclusive Rights --Exception. Section 7 Collection in Emergencies. Section 8 Hours of Collection. Section 9 Refuse Collection --Spillage. Section 10 Residential Refuse Containers. Section 11 Commercial Refuse Bins. Section 12 Replacement of Containers for Collection. Section 13 Time and Date of Placement of Containers. Section 14 Refuse Removal. Section 15 Refuse Disposal. Section 16 Special Provisions Regarding Method of Disposal. Section 17 Burning, Burial or Dumping. Section 18 Duration of Storage. Section 19 Use of Trucks. Section 20 No Parking of Refuse Trucks on any Public Highway. Section 21 Trucks --Equipment Required. Section 22 Section 23 Section 24 Section 25 Section 26 Section 27 Section 28 Section 29 Section 30 Section 31 Section 32 Section 33 Specifications and Restrictions on Collection Trucks. Truck Inspection. Permittee's Local Telephone Number. Permittee's Employees. Permit for Removal of Refuse --Prerequisites. Permit Issuance. Charges for Service. Right of Provision Modification. Right to Grant Franchise. Penalty for Violation of Chapter. Civil Remedies Available. Severability. "Section 1. Legislative Policy. The City Council finds and determines that storage, accumulation, collection and disposal of refuse, trash, rubbish, solid waste, debris and other discarded material is a matter of great public concern, in that improper control of such matters creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, insect breeding and rat infestation and other problems affecting the health, welfare and safety of the residents of Diamond Bar and surrounding cities. The City Council further recognizes 3 5 recycling and waste reduction is of national, regional, and local importance, and that t ion of uniform regulations for the collection, disposal, recycling, and transportation of solid w ste, recyclable and compostable materials as provided in this Ordinance are designed to eliminate or alleviate such problems. "Section 2. Definitions. For the purpose of this Ordinance, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: "A. 'AB 939' means the California Integrated Waste Management Act of 1989, as it OA may be amended from time to time, and as implemented by the regulations of the California Integrated Waste Management Board. "B. 'AB 939 Administrative Fee' means the fee or assessment set by the City which is intended to offset the City's expenses in administering this Ordinance and to compensate City for the costs associated with compliance to the California Integrated Waste Management Act of 1989 (AB 939). Any fee or assessment imposed under this Ordinance, shall be those which the City Council may from time to time hereafter approve by resolution. "C. 'Animal Waste' means manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock. "D. Bins' means those containers prodded by Permittee for commercial, industrial, ^' construction and residential unit uses. Bins are usually two (2) to six (6) cubic yards in size, which are picked up by refuse trucks by means of front loading apparatus. " E. Bulky Goods' means discarded household furniture, furnishings or appliances, including white goods; automobile parts, including tires; rock or brick in reusable form; carpets; mattresses; large branches; trunks; stumps or limbs of trees in bundles not exceeding eighteen (18) inches in diameter or four (4) feet in length and other items the size or weight of which precludes or complicates their handling by normal collection, processing or disposal methods. T. 'City' means the City of Diamond Bar. "G. 'City Clerk' means the. City Clerk of the City of Diamond Bar. "H. 'City Manager' means the City Manager of the City of Diamond Bar or his designee. "I. 'City Limits' means the boundaries of the City together with all amendments and changes thereto, which boundaries are shown by maps incorporated herein by reference and which are on file in the office of the City Clerk. IT 'Council' means the City Council of the City of Diamond Bar. "K. 'Commercial Solid Wastes' include all types of solid wastes generated by stores, offices, governmental institutions and other commercial sources, excluding single-family residential solid waste. "L. 'Commercial Unit' means any commercial business, industrial complex, certain multi -family residences, any mobile home park, any hotel or motel, any office building, or retail establishment which utilizes bins or other containers, as defined in this Ordinance, for the collection of solid waste and recyclables.. "M. 'Compostable Materials, Green Waste or Yard Waste' means leaves, grass clippings, brush, branches and other forms of organic waste generated from landscapes or gardens, separated from other solid waste. Compostable Materials does not include stumps or branches in bundles exceeding eighteen (18) inches in diameter or four (4) feet in length. 'N. 'Construction and Demolition Waste' means the waste building materials, packaging, plaster, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations on pavements, buildings and other structures, (except asbestos- containing materials and reusable rock or brick). "O. 'Garbage, Refuse or Solid Waste' means putrescible and non-putrescible solid and 4 semisolid material generated in or upon, related to the occupancy of, remaining in or emanating from residential or commercial/industrial units, such as ordinary household garbage, refuse, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, as well as, dead animals of less than fifty (50) pounds in weight, every accumulation of animal waste, vegetable or other matter which results from the processing, consumption, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter normally resulting from domestic, institutional, commercial, industrial, agricultural, and other community activities, and other discarded wastes as defined in California Public Resources Code Section 49503, but excluding certain special waste and materials set out for recycling, and composting. Solid waste shall not include any hazardous wastes as defined herein. "P. 'Hazardous Waste' means any waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et sea., or the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. ss 9601 et sea., and all future amendments to either of them, or as defined by the California Environmental Protection Agency or the California Integrated Waste Management Board, or either of them. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste,'the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. 'Q. 'Industrial Waste' means all solid waste and semi-solid waste which results from industrial processes and manufacturing operations. "R. 'Multi -Family Units' means residential units such as apartments, condominiums and townhomes, other than Single Family Dwellings, which utilize bins or other containers, as defined in this Ordinance, for the collection of solid waste and recyclables. "S. 'Municipal Solid Waste' means all Solid Waste generated within the City which is designated for collection under this Ordinance. "T. 'Occupant' means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residence. "U. Permit' means the written authority by City and evidenced by this Ordinance granting a qualified refuse collector the right and privilege to: (1) arrange for the collection of, and to collect refuse, rubbish and other forms of solid waste, (2) transport to landfill or other licensed disposal facilities as determined by Permittee unless otherwise specified by City, and (3) recycle from collected refuse, compostables and recyclable materials, all solid waste, green waste and recyclables kept, generated and/or accumulated within the City. "V. 'Permittee' means the individual, firm, corporation, association, or group or combination acting as a unit that has been authorized by the City Council to collect refuse within the City pursuant to this Ordinance. "W. 'Public Highway' means any public street, alley, road, public place or highway, R _ except state freeways, open to and used by the travelling public and not used as a private right-of-way within the City. "X. 'Recyclable Material' means any material generated on or emanating from residential or commercial/industrial units which is no longer useful or wanted and has the potential of being reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the California Integrated Waste Management Act. Such material may include, but is not limited to paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET and other plastics, beverage containers, compostable materials, used motor oil and such other materials designated by City's City Manager, or designated as recyclables by the California Integrated Waste Management Board, or other agency with jurisdiction, and which are collected by Permittee pursuant to this Ordinance. "Y. 'Recycling Container' means a container of a size, design, and weight prescribed by the City Council by Resolution and delivered to residences covered by this Ordinance, for the temporary storage and collection of Recyclables. "Z. 'Refuse Collector' means any person or persons, firm, copartnership, joint venture, association or corporation engaged in the collection, transportation and/or disposal of solid waste and/or recyclable materials. "AA. Residential Solid Waste' means all types of domestic garbage which originate from residential properties which utilize one or more individual residential type solid 7 waste containers, including any household hazardous waste which may be found to have been placed in the residential solid waste stream. "BB. 'Residential Units' means any structure occupying one or more parcels of land which contain or have located thereon a single-family residence or in some situations a multi -family dwelling used for living purpose. "CC. 'Scavenging' means the uncontrolled and unauthorized removal of any recyclable materials, as defined by California Public Resources Code Section 41950 and 41951, or solid waste without a permit pursuant to this Ordinance "DD. 'Single -Family Residence or Single -Family Dwelling' means a detached building, or each unit of a duplex or triplex, of permanent character placed in a permanent location, which utilizes one or more individual residential type solid waste containers. "EE. 'Solid Waste Containers' means a container of a size, design, and weight prescribed by the City Council and utilized by single-family residences or certain multi -family units. The term "Solid Waste containers" does not include Bins used by multifamily residences. "FF. 'Special Wastes' means any solid waste listed in Section 66740 of Title 22 of the California Code of Regulations, or any waste which has been classified as a special waste by the City Council, including, but not limited to, any material which because of its source of generation, physical, chemical, or biological characteristics or unique disposal practices, is specifically conditioned in the solid waste facilities permit for handling and/or disposal. 8 "GG. 'Truck' means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting refuse or to haul or transport refuse. Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public's interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions. California Public Resources Code Section 40059, as amended from time to time or any successor provision or provisions thereto, authorizes the City to determine (i) all aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services; and (ii) whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. The City Council has now therefore determined, pursuant to California Public Resources Code Section 40059(a)(1), that the public's health, safety and well-being require that permits be granted to qualified solid waste contractors for solid waste collection, recycling, composting and disposal services in residential, commercial, construction and industrial areas within the City of Diamond Bar. �111111111111� 1111 Council determines that the disposal and/or collection of refuse, trash, rubbish or other solid 6 waste is a service to be performed in the City in accordance with the provisions of this Ordinance. The City may from time to time issue permits to those parties meeting the criteria of this Ordinance and such other standards as may be established by resolution of the City Council regarding the collection of refuse, rubbish and other forms of solid waste from residential and commercial units. So long as any such permit remains in force, collection of material provided for herein may be made only in accordance with the terms and conditions thereof. Fees and charges for such collection, removal and disposal services shall be those which the Council may from time to time hereafter approve by resolution. No person shall engage in the business of collecting, removing or disposing of any refuse, trash, recyclable and/or compostable material, or other solid waste including hazardous wastes or infectious medical waste, within the City from any residential or commercial units, nor transport the same over any public highway or rights-of-way, unless a permit to do so has first been obtained from the Council and such person complies with the "`- provisions of this Ordinance and any other regulations which have been adopted pursuant to this Ordinance. "Section 5. Unlawful Collection. No person shall collect or transport refuse or recyclable material within the City unless such person is a permittee, as defined in this Ordinance, or is exempt in accordance with subsections A through F of this Section. No person shall permit, allow or enter into any agreement whatsoever for the collection or transportation of refuse or recyclable material from any residential or commercial units with any person who is not a permittee as herein defined except as permitted in subsections A through F of this Section. "A. The collection and removal of grass clippings, prunings, shrubbery, and 10 similar materials by individual residents and by individuals doing business as professional landscapers, tree trimmer or other persons engaged in similar trade, when the collection is directly related to their work, shall be exempt from the refuse permit system. "B. A permittee shall not be required to collect hazardous waste or other dangerous materials as part of its regular collection activity. Liquid and dry caustics, acids, infectious, flammable, explosive materials, insecticides, and similar substances shall not be deposited in collection containers. Any person collecting such substances shall, in addition to any requirements of State and Federal law, obtain a permit therefor pursuant to the provisions of this Article. "C. Infectious medical waste (as defined in California Health and Safety Code Section 25117.5, as amended from time to time, or any successor provision or provisions thereto) shall not be collected by a permittee as part of its regular collection activity. Anyone producing such wastes shall store, handle and dispose of such materials only in the manner. approved by the county health officer or designated deputy, and in accordance with the California Health and Safety Code. Disposal of infectious medical waste shall be conducted pursuant to a permit issued under this Ordinance in addition to any requirements imposed by State law. "D. No provision of this Chapter shall prevent the occupant of a residential unit or commercial unit from selling to a buyer, for a monetary or other valuable consideration, any source separated recyclables, including without limitation, any saleable scrap, discard, reject, by- product, ferrous or non-ferrous metal, worn-out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a residential or commercial unit, and no longer useful to the same, but having no market value, whether such buyer is a recycler, junk 11 dealer, or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce; provided, however, that such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station as defined in California Public Resources Code Section 40200. "E. The collection and removal of recyclable material, including but not limited to, glass, newspapers, aluminum and cardboard, that are separated either for reuse or for the manufacture of new products shall not be exempt from the provisions of this Ordinance; however, such activities may be the subject of a separate permit at the discretion of the Council. "F. The removal and disposal of refuse from a residential unit by the occupant or owner thereof shall be exempt from the refuse permit system, subject to the provisions of Section 13 of this Ordinance. "Section 6. Permittee to have Exclusive Rights— Exception. Excepting existing rights that the City reserves to itself, or as otherwise provided in this Ordinance, persons to whom the City may issue a permit and the agents, servants and employees of any such person, while the permit is in effect, shall have the exclusive right to gather, collect and remove refuse, recyclable and/or compostable material, and other waste material from any residential or commercial unit within the City subject to such terms and conditions as the Council may apply to the issuance of such permit. ",tion 7. Collection in Emergencies. "A. In the event that the collection, transportation and/or disposal services of Permittee 12 are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides and fires, strikes, lockouts and other labor disturbances or other catastrophic events which are beyond the reasonable control of Permittee, for a period of more than seventy-two (72) hours, and if as a result thereof, refuse, compostables and recyclables should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager should find that such accumulation endangers or menaces the public health, safety or welfare, the City shall have the right, upon twenty-four (24) hour prior written notice to Permittee, during the period of such emergency, to issue limited permits to private persons or corporations to perform any of the services regulated by this Ordinance or temporarily take possession of any or all equipment and facilities of Permittee previously used in the collection, transportation and disposal of refuse, compostables and recyclables under this Ordinance, and to use such equipment and facilities to collect and transport any or all refuse, compostables and recyclables which Permittee would otherwise be obligated to collect and transport pursuant to this Ordinance. Permittee agrees that in such event it will fully cooperate with City to effect such a transfer of possession for City's use. "B. Permittee agrees that, in such event, City may take temporary possession of and use all of said equipment and facilities without paying Permittee any rental or other charge, provided that City agrees that, in such event, it assumes complete responsibility for the proper and normal use of such equipment and facilities. City agrees that it shall immediately relinquish possession of all of the above-mentioned property to 13 Permittee upon receipt of written notice from Permittee to the effect that it is able to resume its normal responsibilities under this Ordinance. ffi a• •�l- •, "A. Collection from residential areas shall be made between the hours of 6:30 a.m. and 6:30 p.m, on weekdays only. Collections from commercial and industrial locations may begin at 6:00 a.m. provided, however, that the permittee's operations do not disrupt the peace and quiet of adjoining residential neighborhoods. The City Manager may require a permittee to change hours of operation in commercial and industrial areas if it can be determined that said operations have a detrimental affect upon the peace and quiet of adjoining residential neighborhoods. "B. In order to prevent problems of traffic, noise, wear and tear to public highways, or other problems having the potential to adversely affect the health, safety, and the general quality of life of the community, the City Council may regulate the routes, intervals, delivery points, and days for collection by permittees operating within the City. "C. The City Council may waive the requirements of this Section when necessitated by conditions beyond the control of the permittee. "D. The days and hours of collection, transportation and/or disposal services of permittees operating in the City may be established by resolution of the City Council from time to time hereafter. "Section 9. Refuse Collection -Spillage. Permittee shall exercise all reasonable care and diligence in collecting refuse and recyclable material so as to prevent spilling, scattering or 14 dropping refuse, recyclables, or other waste and shall immediately, at the time of occurrence, clean up any such spillage. &=u"11 DWIMPRIWIIJ-4— "A. Permittee shall, at a minimum, provide a 100 -gallon container or suitable alternative, as approved by the City Manager, for the collection of refuse from Single Family Residences within the City. Any container provided by Permittee, pursuant to this Section, shall be at the Permittee's expense and shall meet the specifications for containers as set forth by Resolution of the City Council. "B. Nothing in this Section shall prohibit any tenant, lessee or occupant of any Residential Unit to provide without expense to the City their own container providing that the container is specifically designed for the containment of refuse, or watertight metal or plastic containers except as hereinafter provided, which shall have suitable bales or handles and a tight- fitting cover which shall prevent leakage or escape of odors, and which when filled within four inches of the top shall contain all refuse which would ordinarily accumulate on such units between collections.. The exterior of such containers, including covers, shall be kept clean from accumulated grease or decomposing materials. Except when placed in accordance with Section 12 hereof for collection purposes, refuse containers shall be kept and maintained only in storage locations permitted by the Diamond Bar Zoning Ordinance, as the same presently exists or as may be amended from time to time, or as specified by use permit or other entitlement for use. T. Permittee shall provide a container(s) or suitable alternative, as approved by the City Manager, capable of storing a minimum of 36 -gallons of commingled 15 recyclables as defined by this Ordinance. It shall be the duty of every tenant, lessee or occupant of any Residential Unit to maintain said containers in a reasonable safe and secure manner. "D. Grass clippings, leaves and other yard work debris, other than branches or tree limbs, may be either deposited in metal or plastic containers, or specially designed bags, as above mentioned, or cardboard boxes. If cardboard boxes are used, the cardboard boxes, along with the contents, shall be considered refuse set out for collection and both the cardboard boxes and contents shall be collected. "E. Branches, tree limbs or other similar debris shall be tied with sturdy twine, rope or wire, in bundles not exceeding four feet in length nor eighteen inches in diameter. T. Newspapers and magazines may be either deposited in metal or plastic containers, as above mentioned, or tied with sturdy twine, rope or wire, in bundles not exceeding fifty pounds in weight. "G. Extra or unwanted cardboard boxes shall be flattened and tied in bundles not exceeding four feet in length nor fifty pounds in weight. "H. Any container designed to be emptied by hand shall have a capacity of not less than fifteen gallons nor more than forty-five gallons, and which shall not exceed fifty pounds in weight when loaded, adequate to contain the amount of garbage and combustible rubbish normally accumulating during the interval between collections thereof. WT -7-F-0111 • s� ' : s "A. Permittee shall collect and remove all solid waste that have been 16 placed in bins, from all commercial, industrial, and multi -family residences with the City at least once every week or more frequently if required to handle the waste stream of the premises where the bins are located. Permittee shall provide a bin suitable to each commercial, industrial and multi -family residences for the collection of refuse. "B. Each such bin employed solely for the accumulation of commercial garbage shall be of durable metal or plastic construction, water tight and shall be equipped with a tight- fitting metal or plastic cover. The use of oil drums of fifty gallon capacity or more is specifically prohibited. "Section 12. Placement of Containers for Collection. It shall be the duty of every person having charge and control of any residential or commercial unit to set out or place containers or bins for the collection of refuse, recyclables, compostable materials, miscellaneous debris and combined rubbish and/or other solid waste, as follows: "Any container used for the purpose of reception and removal of refuse or recyclable materials shall be placed at the curb in front of the dwelling, or the alley in the rear of each dwelling; except where alleys, having access to public highways at each end, exist in the rear of commercial units, and from such premises collections shall be made from such alleys, provided that the permittee may designate some other location for the placement of containers and/or bins when such placement will expedite collection, and approved by the City Manager. 17 "Section 13. Time and Date of Placement of Containers. "A. No person shall place, or cause to be placed, any refuse or recyclable material, or container or bin used for the collection of refuse or recyclable materials, in any public highway or in any place or in any manner other than hereinabove provided, or at any time other than the days established by the City for the collection of such refuse or recyclable material on the particular route involved, earlier than sunset of the day preceding the day designated for collection, and all containers and bins shall be removed from the place of collection prior to 10:00 p.m., on the day the containers and bins have been emptied. "B. Each owner, occupant, tenant or lessee of a residential or commercial unit shall maintain the same in a sanitary condition. Should any container or bin not be emptied and the contents removed on the date and time scheduled by the permittee, they should immediately notify the permittee or the City, and it shall be the duty of the permittee to forthwith arrange for the collection and disposal of the refuse. T. Refuse, recyclables, compostables, salvage and other special waste, as defined herein, which exceeds the limitations hereinabove set out may, in the discretion of the permittee, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the permittee for this service with prior approval of above-mentioned occupant of the premises and subject to any requirements set forth in the permit. "D. No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the City or a permittee's agents or employees authorized for such purposes, shall tamper or meddle with any container or bin used for the collection of refuse and 18 recyclables, or the contents thereof, or remove the contents of any container or bin, or remove any container or bin from the location where the same shall have been placed by the owner thereof or owner's agent. "Section 14. Refuse Removal. Pursuant to California Administrative Code Title 14, Chapter 17.331H, all refuse created, produced or accumulated in or about a residential unit or commercial units in the City shall be removed at least once each week. No person who is the occupant of any of the above-described premises shall fail or neglect to provide for the removal of refuse at least as often as prescribed in this Section. "Section 15. Refuse Disposal. The permittee shall dispose of collected wastes, at permittee's expense, at a City -directed landfill or transfer station in a manner satisfactory to the City and in accordance with all state and local laws and regulations. MI.- smmnwilmmml "A. The removal of wearing apparel, bedding or other refuse from residential units or other places where highly infectious or contagious diseases have been present shall be performed under the supervision and direction of the County Health Officer and such refuse shall neither be placed in containers or bins nor left for regular collection and disposal. "B. Highly flammable or explosive or radioactive refuse shall not be placed in containers or bins for regular collection and disposal, but shall be removed under the supervision of the City at the expense of the owner or possessor of the material. 19 "C. Refuse or other solid waste containing water or other liquids shall be drained before being placed in a container or bin. Matter which is subject to decomposition shall be wrapped in paper or other material before being placed in a container or bin. "D. No hazardous material, as defined in this Ordinance, or any other dangerous substance capable of damaging clothing or causing injury to the person shall be mixed or placed with any rubbish, solid waste or other refuse which is to be collected, removed or disposed of by a permittee. Such items shall be removed at the occupant's expense only after arrangements have been made with the permittee or City for such removal. "E. Animal waste, as defined in this Ordinance, shall not be placed in containers or bins for regular collection and disposal, but shall be removed at the occupant's expense. "F. Permittee may, but is not required to, provide such collection, r` transportation and disposal services for Special Wastes as defined herein. P ' FF ay provide such service for Special Wastes if contracted to do so by custome separate written contracts negotiated between Permittee and the customer generatingsuch Special Wastes. "G. Permittee, at Permittees' sole expense, shall collect up to five (5) quarts of uncontaminated waste motor oil per Single -Family Residences per month. Waste motor oil must shall be placed at the curb on the same day of the week as usual refuse collection in a resealable plastic container and be clearly identified as used and/or waste motor oil. Permittee shall collect used motor oil in containers that have been placed at curbside at no additional charge to service recipients. Permittee shall exercise 20 all reasonable care. and diligence in collecting waste motor oil so as to prevent spillage and shall, at Permittees' sole expense, clean-up any such spillage within four (4) hours of notification by City. "A. It shall be unlawful for any person to place, deposit or dump, or cause to be placed, deposited or dumped any solid waste, recyclable material, hazardous waste or infectious waste of any kind whatsoever upon any private or public property within a distance of one thousand (1,000) feet from any public highway in the City, or within a distance of five hundred (500) feet from any residential or commercial unit, or to cause or suffer or permit such solid waste, recyclable material, or infectious waste to be placed, deposited or dumped upon any public or private property within a distance of one thousand (1,000) feet of any public highway or within a distance of five hundred (500) feet from any residential or commercial unit within the City, without first having obtained a use permit pursuant to the zoning laws of the City, County, and State of California, or pursuant to any other zoning law that may be hereafter adopted in the place and stead of said zoning laws of the City. The provisions of this Section shall not apply to solid waste, recyclable materials, hazardous waste or infectious waste placed into a container for pick-up by a refuse collector operating pursuant to a permit issued under this Ordinance. "B. No person shall burn, bury or dump any refuse, recyclable material, hazardous waste or infectious waste within the City at any time, without having first complied with all rules and regulations of the City, the County, the South Coast Air Quality Management District, or any other agency with jurisdiction. 21 "Section 18.. Duration of Storage. Pursuant to California Administrative Code Title 14, Chapter 3, Section 17.33IH, no person shall store or accumulate any refuse, rubbish or miscellaneous debris in any container or at any location other than as hereinabove set forth, or for any length of time other than as follows: "A. Refuse shall not be accumulated or stored for a period of time in excess of: "(1) Residential units: One week (seven days); "(2) Commercial units: One week (seven days); "B. Recyclable materials shall not be stored or accumulated for a period of time in excess of one week (seven days); "C. The above periods of time which end in any week in which a holiday occurs are extended one additional day. "Section 19. Use of Trucks. Any persons who desire to operate privately owned refuse, trash or recycling vehicles under provisions of this Ordinance shall utilize vehicles that are registered with the Department of Motor Vehicles of the State of California, and are of a size, weight, nature and type to be minimally intrusive on the community with respect to noise, emissions, maneuverability, safety, fuel efficiency, and other factors necessary to minimize the impacts of, the Permittees' services. The City Manager shall require the permittee to remove from service or repair those vehicles that allow or permit offensive odors to escape and/or refuse to be blown, dropped or spilled therefrom. 22 " Section 20.. No Parking of Refuse Trucks on any Public Highway. "A. No person, between the hours of 8:00 p.m. and 5:00 a.m., shall leave a refuse truck parked on any public highway. "B. No person, between the hours of 5:00 a.m. and 8:00 p.m., shall leave a refuse truck parked on any public highway for more than one hour unless the City Manager is notified that a breakdown or emergency exists. "Section 21. Trucks --Equipment Required. Each truck of a permittee shall at all times have in the cab the registration of the truck, a certificate of insurance, and an identification card with the name of whom to telephone in case of an accident or emergency. Each truck shall be equipped with a minimum of a twenty -pound fire extinguisher that has been certified by the California State Fire Marshal. This fire extinguisher shall be recharged as needed, but not less than once annually. Vehicles shall be equipped with a shovel and broom to clean up any spillage. "Section 22. specifications and Restrictions on Collection Trucks. All trucks used for refuse, recyclables or compostable materials collection within the City shall be required: "A. To be completely enclosed with a nonabsorbent cover while transporting refuse, recyclables or compostable materials or other waste materials in or through the City. 'Completely enclosed with a nonabsorbent cover' means that refuse, trash, recyclable or compostable materials shall not be visible from the public highway, nor shall any of the substances be permitted to leak, spill or become deposited along any public highway; "B. All trucks used in the course of refuse or recyclable materials collection 23 shall be uniformly painted and identified by truck numerals, a company logo, and local telephone number in letters and figures no less than five inches (5") high. All collection trucks shall display the seal of the City of Diamond Bar with the words "Serving the City of Diamond Bar" in letters no less than eight inches (8") high. "C. All trucks shall be kept clean and in good repair at all times. Equipment bodies shall be of metal and reasonably watertight so that no materials shall leak, fall or be spilled. "D. All trucks shall be maintained in good and safe mechanical condition. Vehicles must conform to the California Vehicle Code and all other applicable laws and are subject to inspection at any time by the City or the California Highway Patrol. &TzRr*T11V*JW,. •� "A. Each of any permittee's trucks shall pass a California Highway Patrol Biannual Inspection of Terminals. Proof of inspection shall be made available at the discretion of the City Manager at any point of operation. The Permittee shall not use a vehicle that has failed to pass a vehicle inspection. "B. A decal may be issued by the City for each truck complying with provisions of this Ordinance which shall be placed on the truck in a conspicuous place. "Section 24. Permittee's Local Telephone Number. Each permittee must maintain a local telephone number which shall be staffed for personal contact between 8:00 a.m. and 5:00 p.m. on 24 normal working days, and at all other times with some type of mechanism for the purpose of taking messages. "Section 25. Permittee's Employees. Each permittee must provide high-quality service by industry standards and supply competent, qualified, identifiable and uniformed personnel who serve the residents of Diamond Bar in a courteous, helpful and impartial manner. "A. The City may, at its option, require fingerprinting of the permittee's employees whose service will cause them to enter onto or work in close proximity to private property. "B. The permittee shall be required to hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other nonmerit factor. "C. Any employee driving permittee's refuse trucks shall at all times have in his or her possession a valid and appropriate vehicle operator's license issued by the State of California. "D. The permittee's employees shall be required to wear clean, identifiable uniforms when engaged in refuse collection service within the City. "A. Procedure and. Required Information. Any person or refuse collector desiring to obtain a permit to remove or convey any solid waste, recyclable or compostable material, hazardous waste or infectious waste upon or along any public highway within the City from any residential and/or commercial unit, shall sign and file an application in the form 25 prescribed by the City and pay a permit application fee as may be established by resolution of the City Council. To the extent permitted by law, the information submitted in the application shall be kept confidential. Each permit application shall be filed with the City Manager or his designee and shall include, at a minimum, the following information: "(1) Name and description of the permittee; "(2) Permanent business address and address of local office of the permittee; "(3) Trade and firm name; "(4) If a joint venture or a partnership or limited partnership, the names of all partners of the firm, and the names of the officers and their percentage or participation interest and their permanent addresses; "(5) Facts indicating that the permittee has arranged for refuse disposal in an area where the same may be legally accepted and disposed of as directed by the City; "(6) The type of solid waste, recyclable material, hazardous or infectious waste to be collected in each of the applicable areas: residential, commercial, multi -family residential, industrial; "(7) Facts indicating that permittee is qualified to render efficient refuse collection service; "(8) Facts indicating that trucks and equipment conform to all applicable provisions of this Ordinance; "(9) Satisfactory evidence that permittee has been in existence as a going concern for in excess of five years and possesses not less than 26 five years' actual operating experience as a going concern in residential and/or commercial refuse collection and disposal; "(10) Satisfactory evidence that permittee's experience as a going concern in residential and/or commercial refuse collection and disposal derives from operations of comparable size to that contemplated by the permittee; details shall include length of other contracts, name and size of municipality, nature of service provided, and the name of the contact person at the municipality being served; "(11) Evidence that permittee is in good standing in the State of California and in the case of a corporation organized under the laws of any other state, evidence that permittee is licensed to do business in the State of California; "(12) A detailed inventory of the permittee's equipment available for use in refuse collection area; 11(13) A written statement that permittee has complied with or is capable of complying with all regulations imposed by the County of Los Angeles and the State of California for the collection and disposal of solid wastes. "(14) Facts indicating that the applicant owns or has under his control, in good mechanical condition, sufficient equipment to conduct the business of refuse collection adequately if granted a permit, and that 27 applicant owns or has access to suitable facilities for maintaining his equipment in a clean and sanitary condition. "(15) Satisfactory evidence that the issuance of a permit is in the public interest and convenience in that there is an available market for refuse collection which can be legally served by the applicant. "(16) Such other pertinent facts or information as the City Manager may require, including evidence of State certification, if applicable. "(17) Any of the above provisions in conflict with certification requirements imposed by State law shall not be required. "B. Permit Fees. "(1) Pursuant to California Public Resources Code Section 41902, the City may directly assess a fee or may, by agreement, arrange for the fee to be collected by the Permittee under this Ordinance. Permittee shall pay or collect, as the case may be, an AB 939 Administrative Fee as may be established by separate resolution of the City Council and from time to time amended hereafter. Any fee established pursuant to this Section shall be payable by Permittee to City thirty (30) days after the close of each quarter of Permittees' fiscal year. "(2) The Permittee shall remit to City, for its reasonable costs of granting a Permit, a non-refundable application fee as determined by resolution of the City Council and from time to time amended. "(3) The Permittee shall be required to remit to City an annual permit fee or such fee as determined from time to time hereafter by resolution of the City 28 Council. The permit fee required by this Section shall be in addition to any other license, permit, or agreement previously granted by the County of Los Angeles or the City of Diamond Bar. "C. Reports. "(1) The Permittee shall submit, in a form approved by the City, an annual report within 120 days after the close of each fiscal year. This report shall include, but is not limited to, the following information: (a) A summary of the previous year's (or, in the case of the initial report year, the initial year's) activities including, but not limited to, services begun or discontinued during the reporting year, and the number of customers for each class of service; (b) A report, in a form satisfactory to the City, on the City's progress in meeting and maintaining its ability to meet its goals under AB 939 as applied to the Permit Area, along with any recommended changes. (c) A revenue statement, setting forth quarterly AB 939 Administrative Fees, and the basis for the calculation thereof, certified for accuracy by an officer of the Permittee; (d) A list of Permittee's officers and member of its board of directors. (e) A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in the Permittee and any FQ subsidiaries unless Permittee is a public corporation whose annual reports are publicly available. "(2) Permittee shall submit, in a form approved by the City, a monthly program report. These reports shall be due within twenty (20) working days from the end of the month. At a minimum, the reports shall include: (a) Summaries of tonnage collected and disposed of by generator type, disposal facility used and disposal fees paid; (b) Summaries of tonnage of recycled material collected by material; (c) Summaries of tonnages of non-recyclables and contaminants disposed; (d) Summaries of tonnages, using an approved sampling methodology, of each material processed, sold or otherwise exchanged for 7 , processing, by material type; (e) Average market prices for each material sold, and processing charges or acceptance fees for yardwaste or other applicable materials; (f) Participation rates for each route in terms of set out counts and average pounds collected per residential subscriber, multi -family residences, or commercial subscriber; (g) Description of progress in meeting the implementation schedule, including the problems encountered and how they were resolved; (h) Summaries of the number of service complaints by route, including 30 the date, nature of complaint, and how it was resolved. "(3) Permittee shall provide up to six (6) reports of varying detail and format, as specifically requested by the City, to meet unforeseeable information queries of the California Integrated Waste Management Board, Los Angeles County Integrated Waste Management Task Force, or other public agencies. "(4) Permittee shall provide City two (2) copies of all reports, or other material adversely affecting the Permittee's status under this Ordinance, including, but not limited to, reports submitted by Permittee to the Environmental Protection Agency, the California Integrated Waste Management Board or any other Federal or State agency. Copies shall be submitted to City simultaneously with Permittee's filing of such matters with said agencies. "(5) The Permittee shall submit to City copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by the Permittee to, as well as copies of all decisions, correspondence and actions by, any Federal, State and local courts, regulatory agencies and other government bodies relating specifically to Permittee's performance of services pursuant to this Ordinance. Any confidential data exempt from public disclosure shall be retained in confidence by the City and its authorized agents and shall not be made available for public inspection. "(6) Permittee shall submit to the City such other information or reports in such forms and at such times as the City may reasonably request or require. "(7) All reports and records required under this or any other section shall be furnished at the sole expense of the Permittee. 31 "D. Bonding of Permittee. Before granting a permit under the provisions of this Ordinance, the Council shall require the permittee as a condition to the permit, to post with the City Clerk a cash bond or surety bond payable to the City in the sum of One Million Dollars ($1,000,000.00). Said bond shall be secured from a surety company satisfactory to the City and on terms acceptable to the City Attorney. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this Ordinance and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. Permittee shall also deposit with the Office of the City Clerk a cash deposit, irrevocable letter of credit, or other such document evidencing an irrevocable case deposit payable to City, in the amount of Twenty Thousand Dollars ($20,000.00), in the form approved by the City Attorney. "E. Indemnification by Permittee. As a condition of the City issuing a permit, permittee shall agree to appear and defend all actions against the City arising out of the exercise of such permit, and shall indemnify and save the City, its officers, elected officials, employees and agents harmless from all claims, demands, actions or causes of actions of every kind and description, including any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Substance or hazardous waste at any place where Permittee stores or disposes of municipal solid waste, and any and all related attorneys' fees and court costs resulting directly or indirectly, arising out of, or in any way connected with the exercise of the permit, including, but not by way of limitation, any act or omission of any officer, employee or agent of permittee. 32 "F. Liability Insurance, Permittee shall obtain and maintain in full force and effect throughout the entire term of the Permit, a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and property damage, with any self-insured retention not exceeding $200,000.00 per occurrence. Said insurance shall protect Permittee and City from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Ordinance, whether such operations be by Permittee itself, or by its agents, employees and/or subgrantees. Copies of the policies or endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. All of the following endorsements are required to be made a part of the insurance policies required by this Section: (a) "The City, its elected officials, employees, agents, and officers, are hereby added as insureds with respect to liability arising out of activities performed by or on behalf of Permittee." (b) "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." (c) "This insurance shall act for each insured, as though a separate policy had 33 been written for each. This, however, will not act to increase the limit of _ liability of the insuring company." (d) "Thirty (30) days prior written notice by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in coverage or in limits or non -renewal of this policy for whatever reason. Such notice shall be sent to the City Clerk." The limits of such insurance coverage, and companies, shall be subject to review and approval by the City Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall be included as a named insured on each of the policies, or policy endorsements. All such policies shall contain at a minimum a provision requiring a thirty -day notice (30) to be given to the City prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the Council. "G. Permittee shall obtain and maintain in full force and effect throughout the entire term of the permit, full workers compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Ordinance. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to City. The policy shall also be 34 amended to waive .all rights of subrogation against the City, its elected or appointed officials, employees, agents or Permittee for losses which arise from work performed by the named insured for the City. "H. Permittee agrees to protect, defend (with counsel approved by City) and indemnify City, its officers, elected officials, employees and agents against all fines or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and recycling goals or any other requirement of AB 939 are not met by City with respect to the Permittee' proportional share of the waste stream collected under this Ordinance. "I. Compliance with Local and California Laws and Regulations. The permittee must agree to perform the terms of the permit in such a manner so as to comply with all applicable local and state laws and regulations pertaining to the collection, storage and transportation of solid waste. The permittee shall also comply with all other ordinances and regulations of the City and applicable laws and regulations of the County of Los Angeles and State of California, and shall obtain and keep in force all required permits and business licenses throughout the life of the permit and all renewals thereof. "A. Issuance or Denial of Permit. When an application has been made to the City for a permit pursuant to this Ordinance or such standards as may be time to time adopted by resolution of the City Council, it shall be the duty of the City Manager or his designee to consider the matter; and he or she shall have the right to grant, condition or deny the permit request, and such decision shall be subject to an appeal of the City Council. In granting, conditioning or 35 denying the permit request, the City Manager and the City Council may take into consideration factors, including, but not limited to, the following: (1) The ability of the permittee to comply with standards and requirements enumerated in this Ordinance or such other standards as may be established by resolution of the City Council. (2) The ability of the permittee to comply with the equipment standards enumerated in this Ordinance or such other standards as may be established by resolution of the City Council. (3) The ability of the permittee to comply with the provisions regarding insurance or bonds enumerated in this Ordinance or such other standards as may be established by resolution of the City Council. (4) The ability of the permittee to cooperate, participate and consult with City to implement programs as identified in the City's Source Reduction and Recycling Element (SRRE). Based on a preponderance of the evidence presented, the City Council shall make appropriate findings of fact before determining whether the permit should be conditioned or denied. If, based upon the record, the City Council determines that the performance of Permittee is not in compliance with any material terms of this Ordinance or any material provision of any applicable federal, state, or local statute or regulation, the City Council, in the exercise of its sole discretion, may deny the permit request. The decision of the City Council shall be final and conclusive. 36 "B. Assignment or Transfer of Permit. No assignment or transfer of a permit pursuant to this Ordinance or any right accruing under such permit shall be made in whole or in part by the permittee without the express consent of the Council. In the event any assignment or transfer is authorized by the Council, the assignee shall assume the liability and all other obligations of the permittee. Each permittee shall file, on or before July 1 of each calendar year, with the City Clerk, a statement of ownership and shall verify the same as being true and correct under penalty of perjury. A permit issued under this Ordinance shall not grant the permittee rights under California Public Resources Code Section 49520, where at the time the permit is granted the permittee did not have a right to continue service under this section. "C. Revocation. A permit may be revoked at the option of the Council in the event there is a change of ownership of any kind or nature of the operating company, unless approval therefor has been obtained in writing from the Council. If it is determined by the City - Manager that permittee has not complied with the provisions of this Ordinance, the permit, and all other applicable statutes, ordinances, rules and regulations, the City Manager shall notify the permittee in writing of noncompliance and shall order compliance within thirty (30) days. If noncompliance is not corrected within the above -prescribed thirty (30) day period, the Council, following a public hearing upon at least ten days' written notice to the permittee, may terminate the permit. "A. Collection Charge. A charge for the collection of refuse shall be imposed on the owner or occupant of each residential or commercial units to which refuse collection 37 service is made available. The charge so fixed shall be a civil debt due and owing to the City or _- permittee from the owner or occupant of the residential or commercial unit to which the collection service is made available. The City Council hereby specifically finds and determines that the periodic collection of refuse and rubbish from all residential and commercial units benefits all occupants and residents of the City, provides for the health, safety and welfare of all persons in the City and, therefore, all such occupants or owners are liable for the payment of collection service provided for hereunder, whether or not any such owner or occupant avails himself of such collection service. "B. Rate Adjustments. The Permittee shall provide the City and the owner or occupant of each residential or commercial unit that receives collection services, at least sixty (60) days in advance of the beginning of a billing period, written notice of the implementation of changes in any of its rates and charges which are not subject to regulation by the City. The notice shall include a statement of the reasons for the rate increase. (1) Permittee shall bill all customers for all services rendered, whether regular or special services. Permittee shall provide itemized bills, distinctly showing charges for all classifications of services, including but not limited to the charges for late payment, redelivery fees, charges for additional containers, and other special services covered under this Ordinance. The Permittee shall designate that portion of a customer's bill attributable to any fees imposed upon by the City as a separate item on customers' bills. 38 (2) City may, at City's sole option, elect to bill Residential Subscribers for refuse collection and recycling through a parcel charge. Should the City institute a parcel charge; Permittee shall be paid on and for the premises served. Retroactive adjustments shall be made on the basis of addresses of premises added and the date added. Premises ordered after the first of the month shall be charged on a prorated 30 day/monthly basis. "Section 29. Riaht of Provision Modification. This Ordinance is intended to carry out City's obligations to comply with the provisions of the California Integrated Waste Management Act of 1989, ("AB 939") as it from time to time may be amended, and as implemented by regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended. In the event that AB 939 or other state or federal laws or regulations enacted after this Ordinance has been enacted, prevent or preclude compliance with one or more provisions of this Ordinance, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. The City specifically retains the right to repeal, amend, add to, or modify each and every provision of this Ordinance. "Section 30. Right to Grant Franchise. The City, subject to all applicable state laws, specifically retains the right to grant a franchise or franchises for the collection of refuse, recyclable and compostables materials from any residential or commercial units. 39 "Section 31. Penally for Violation of Ordinance. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance. "Section 32. Civil Remedies Available. The violation of any of the provisions of this I -- Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. "Section 33. Se ery ability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect." 40 SECTION 3: The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be posted in three (3) public places within the City of Diamond Bar within fifteen (15) days after its passage in the manner prescribed by Resolution No. 89-6. ADOPTED AND APPROVED THIS 5th DAY OF July , 1994. 41 I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on this 7 th day of June , 1994, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 5th day of July , 1994, by the following vote: AYES: COUNCIL MEMBERS: Miller, Papen, Ansari, MPT/Harmony and M/Werner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTESTi�A • _ CityAerk of the City oft _r_4ond PAr-IL: 42