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HomeMy WebLinkAboutORD 04 (2010)ORDINANCE NO. 0 4 (2 01 Q) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING IN ITS ENTIRETY CHAPTER 816 OF TITLE 8 OF THE DIAMOND BAR MUNICIPAL CODE REGULATING SOLID . WASTE AND RECYCLABLE MATERIAL COLLECTION AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does ordain as follows: SECTION 1. Chapter 8.16 of Title 8 of the Diamond Bar Municipal Code is amended in its entirety to read as follows: DIVISION 1. PURPOSE AND DEFINITIONS Section 8.16.010. Purpose. This Chapter is adopted in accordance with Article XI, §7 of the California Constitution and Public Resources Code § 40059 et seq., for the purpose of regulating collection and disposal of Solid Waste and regulating recycling activities in order to protect the public health, safety, and well-being, control the spread of vectors, promote diversion and reduce the waste stream directed to landfills and limit sources of air pollution, noise and traffic within the City. Section 8.16.020. Definitions. The following words and phrases, for the purposes of this Chapter, are defined as follows: "A.B 939" or "Act" means the California Integrated Waste Management Act of 1989, Public Resources Code Sections 40000, et seq., as may be amended from time to time, "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 Chapter and to compensate the City for the costs associated with compliance with AB 939. Any fee or assessment imposed under this Chapter, shall be those which the City Council may from time to time hereafter approve by resolution. "Bin" means a metal Container with hinged lids and wheels with a capacity of less than ten (10) cubic yards. "Brown Goods" means discarded electronic equipment with some circuitry such as microwave ovens, stereos, VCR's, DVD players, radios, audio/visual equipment, and other similar items not containing cathode ray tubes (CRTs). "Bulky Items" means Solid Waste that cannot not typically be accommodated within the Solid Waste Container at the Premises including without limitation: f u- iture (including 1 chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items); unusually large amounts of yard debris and Green Waste and small pieces of wood; and clothing. Bulky Items do not include car bodies, Construction and Demolition Waste or items requiring more than two persons to remove, or as otherwise provided in a Franchise Agreement. Electronic waste may be collected as Bulky Items if provided for in a Franchise Agreement. "Cart" means a plastic Container with a hinged lid and wheels serviced by an automated or semi -automated truck with a capacity of no less than 32- and no greater than 101 - gallons. "City" means the City of Diamond Bar. "City Council" or "Council" means the City Council of the City of Diamond Bar. "City Manager" or "Manager" means the Diamond Bar City Manager or the designee of that individual. "Collect" or "Collection" means to take physical possession, transport, and remove Solid Waste within and from City. "Collection Permittee" means the holder of a Limited Collection Permit issued under Division 4 of this Chapter. "Collector" means any Solid Waste Enterprise that has: (1) been issued a Franchise to provide Solid Waste Collection Services in the City; or (2) been issued a Limited Collection Permit to Collect waste under this Chapter. "Commercial Premises" or "Commercial Property" means all occupied real property in the City that contains any land use allowed in the commercial/industrial zoning districts as described in Section 22.10.020 of this Code and multi -family dwellings that require commercial Solid Waste containers (bins and roll -off boxes) to accommodate the waste generated on the Premises, but shall not include property occupied by governmental agencies unless such agency consents to its inclusion, and Residential Premises that require Solid Waste Collection Services using residential Solid Waste containers (carts). Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Hotels, Motels, and any other businesses not specifically listed at which residency is transient in nature shall be classified as Commercial Premises. "Construction/Demolition Hauler" means any person or entity that collects construction or demolition waste for disposal at a facility that accepts Construction and Demolition Waste for reuse or recycling pursuant to a Limited Collection Permit issued under this Chapter. "Construction/Demolition Waste" means Solid Waste generated at the Premises that is directly related to construction, remodeling or demolition activities occurring thereon including without limitation, any material generally considered to be not water soluble and non -hazardous in nature, such as steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, lumber, rocks, soils, tree remains, trees, and other vegetative matter generated by and discarded in conjunction with a Covered Construction Project. "Construction Permittee" means any person that applies for and receives a building, grading or demolition permit to undertake a Construction, Remodeling or Demolition Project covered within the City. "Construction, Remodeling or Demolition Project" means any alteration to a building, structure or landscaping that requires a building, grading or demolition permit in accordance with the Municipal Code. "Container" means any bin, Solid Waste container, vessel, can or other receptacle used for the temporary accumulation and collection of Solid Waste. "Covered Construction Project" or "Covered Project" means any Construction, Remodeling or Demolition Project that is not exempt pursuant to Section 8.16.620. and subject to the diversion and reporting requirements in Division 6 of this Chapter. "Customer" means persons, including both owners and occupiers, who receive Collection services from a Collector at Commercial or Residential Premises. "Disabled" means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment as the word is defined in Title 28, Section 35.104 of the Code of Federal Regulations, as amended. "Disposal" means the ultimate disposition of Solid Waste Collected by a Collector at a landfill, or Solid Waste disposal facility utilized for the ultimate disposition of Solid Waste or by any other manner authorized by law, where the waste is not recycled or reused. "Divert, Diverted and Diversion" means any combination of waste prevention, source reduction, recycling, reuse, composting and Transformation activities that reduces waste disposed at landfills, provided such activities are recognized by the California Department of Resources, Recovery and Recycling ("CalRecycle") as Diversion in its determination of the City's Diversion rate and compliance with AB 939. The amount of transformation tonnage that will be considered toward a Diversion requirement may be limited in a Franchise Agreement. "Diversion Requirements" means the obligations imposed by or upon the City pursuant to State law, ordinance, resolution, policy, plan or program relative to diverting from landfills all, or a portion, of the Solid Waste stream generated within the City including, 3 without limitation, State mandates to divert a specified percentage of the Solid Waste generated within the City's jurisdiction, found at Public Resources Code § 41780, as amended. "Electronic Waste (E -Waste)" means any discarded electronic product or device including without limitation personal computers, monitors, televisions, keyboards, printers, telephones (including cell phones), fax machines, calculators, copiers, video game systems and audio equipment, and other items containing cathode ray tubes (CRTs), LCD or plasma screens and monitors. E -waste also includes Brown Goods and Universal Waste. For purposes of this Chapter, E -waste shall not be considered Solid Waste, but may be collected as a Bulky Item or through special Collections, if provided for in a Franchise Agreement. "Electronic Waste Recycler" means a Person authorized to recycle Electronic Waste as defined in Section 42463(1) of the Public Resources Code, as amended, "Franchise" means the right and privilege granted by the City to Collect, Dispose, Recycle and Divert Solid Waste collected within the City. "Franchise Agreement" or "Agreement" means the Solid Waste Collection Agreement entered into between a Solid Waste Enterprise and the City, and approved by the City Council that sets forth all of the rights and obligations of the Franchise, consistent with this Chapter and state law. "Garbage" means all discarded putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food materials. "Green Waste" means any vegetative matter resulting from regular and routine yard and landscaping maintenance or seasonal variations. Green Waste includes plant debris, such as tree trimmings, grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps, flowers, plant stalks, wood and other forms of vegetative matter (not more than four (4) inches in diameter or forty-eight (48) inches in length, unless a larger size is authorized under a Franchise Agreement). "Green Waste Processing Facility" means a permitted Facility where Green Waste is sorted, mulched or separated for the purposes of Recycling, reuse or composting. "Gross Receipts" means any and all revenue received from Customer billings, and compensation in any form, of Collector or subsidiaries, parent companies or other Affiliates of Collector, for the Collection and transportation of Solid Waste in the City, in accordance with Generally Accepted Accounting Principles, including, but not limited to, Customer fees for Collection of Solid Waste, without subtracting Disposal fees, City fees or other fees or any other cost of doing business. Gross Receipts does not include revenue from the sale of Recyclables. 4 "Hazardous Waste" means any substance or waste materials or mixture of wastes defined as "hazardous," a "hazardous substance" or "hazardous waste" pursuant to California Public Resources Code Section 40141, California Health and Safety Code §25501, §25501.1, § 25249.8 and §25281, or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901, et seq.), or the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), (42 U.S.C. Sections 9601, et seq.), and all future amendments thereto, and all rules and regulations promulgated thereunder, or as otherwise defined by the EPA, the California legislature, the CalRecycle, the Department of Toxic Substances Control or other agency of the United States Government or the State of California empowered by law to classify or designate waste as hazardous. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Substance" or "Hazardous Waste" shall be construed to have the broader, more encompassing definition. "Notice" means notice sent by first-class certified mail, facsimile or email delivery if agreed to by the parties under a Franchise Agreement. "Person" includes, without limitation, any individual, firm, co -partnership, general partnership, limited partnership, joint venture, association, entity, corporation or any other group or combination thereof acting as a unit. "Premises" means any land, or building in City where Solid Waste is generated or accumulated. "Public Works Director" or "Director" means the Diamond Bar Public Works Director or the designee of that individual. "Recyclable Materials" or "Recyclables" means Solid Waste that has some potential economic value, and is set aside, handled, packaged, or offered for Collection in a manner different from Rubbish or Garbage in order to allow it to be processed for Recycling. "Recycling" means the processing of Recyclable Materials for the purpose of returning them to the economy in the form of raw materials for new, reused, or reconstituted products. The Collection, transportation or Disposal of Solid Waste not intended for, or capable of, reuse is not Recycling. Recycling includes the activities of an Electronic Waste Recycler and a Green Waste Processing Facility. "Residential Premises" or "Residential Property" means Premises upon which dwelling units exist, including, without limitation, single family dwellings, multi -family dwellings requiring residential Solid Waste containers (carts) to accommodate the waste generated on the Premises, apartments, boarding or rooming houses, condominiums, mobile homes, efficiency apartments, second units, and Group Homes on Residential Premises (as that 5 term is defined in Title 22 of this Code). Notwithstanding any provision to the contrary herein, in the Diamond Bar Municipal Code, or otherwise, for purposes of this Chapter, Premises upon which the following uses are occurring shall not be deemed to be Residential Premises, and rather shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Hotels, Motels, and any other businesses not specifically listed at which residency is transient in nature and hence should be classified as Commercial Premises as determined by City on a case by case basis. "Roll -off Box" means Solid Waste Collection Containers of 10 cubic yards or larger. "Rubbish" means without limitation, accumulation of unwanted material to be disposed of such as paper, polystyrene, pottery, rags, cloth, boxes and containers, sweep -ups and all other accumulations of a nature other than Garbage, Green Waste or Recyclable Materials. "Senior Citizen" means a person 60 years of age or older who is the head of household and receives Collection services at his or her personal residence. "Solid Waste" means all discarded putrescible and non-putrescible solid, semisolid, and liquid wastes, including Garbage, Recyclable Materials, Green Waste, and Rubbish of every kind and character, but excluding Hazardous Waste and Electronic Waste. Solid Waste must be generated by and at the physical location where the Waste is Collected. "Solid Waste Collection Services" or "Collection Services" means the Collection, transportation, storage, transfer, Disposal, Diversion or processing of Solid Waste by a Collector. "Solid Waste Enterprise" means any person, partnership, joint venture, unincorporated private organization or private corporation regularly engaged in the business of providing Solid Waste Collection Services. "SRRE" means the Source Reduction and Recycling Element of the Integrated Waste Management document for the City prepared and updated pursuant to the California Public Resources Code. "State" means the State of California. "Tonnage Report" includes a tonnage form or a copy of such form prepared by a Collector or an officer or agent of a Collector. Tonnage reports shall also include necessary information to verify the report or supplied information. "Transportation" or "Transporting" means the process of moving Solid Waste or Recyclables through the City. "Universal Waste" means those discarded wastes listed in Title 22, Section 66261.9 of the California Code of Regulations, and includes fluorescent lamps and bulbs, cathode ray tubes, non -empty aerosol cans, instruments and switches that contain mercury, dry cell batteries and batteries containing cadmium copper or mercury. "Waste Disposal Facility" or "Facility" means any landfill, transfer station, incinerator, land reclamation project, or other similar site or facility which is used or intended to be used for the transfer, consolidation, processing or disposal of Solid Waste. "Weight Tickets/Invoices" means receipts provided by a waste disposal or recycling facility reflecting the net amount of Solid Waste disposed of by a Collector at a collection location. DIVISION 2. FRANCHISES Section 8.16.036. Franchise requirement. (a) The City Council may authorize, by Franchise, a Solid Waste Enterprise to provide Solid Waste Collection Services for Customers at Residential and Commercial Premises. In the sole discretion of the City Council, the Collection Services may be authorized on an exclusive or nonexclusive basis, with or without competitive bidding, and may relate to any class or type of Solid Waste within all or any part of the territory of the City. (b) Except as otherwise provided for in this Chapter, no person shall collect and/or dispose of Solid Waste in the City without having first been awarded a Solid Waste Collection Franchise and entered into a Franchise Agreement with the City. All such Collectors shall comply with all of the requirements of this Chapter. The City retains the rights and power that it has under applicable laws and nothing in a Franchise Agreement may be construed to waive any of the City's governmental rights or police powers. Section 8.16.040. Franchise. (a)The nature, scope of services, party obligations and restrictions, term and duration of the Franchise shall be set forth in a Franchise Agreement entered into between a Collector and City, and the Agreement may also include any requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the Franchise Agreement and which will, in the judgment and discretion of the City Council, best serve the public interest and protect the public health, safety and welfare. (b) The City and Collector may mutually agree to extend the Franchise term on such terms and rates as the parties may agree. Nothing contained in this Chapter shall obligate the City to extend the term of any Franchise. Section 8.16.050. City's approval or denial. 7 (a) If the City Council finds that it is in the public interest to issue a Solid Waste Franchise, the City Council may approve a Franchise and the corresponding Agreement, and the applicant shall be entitled to exercise all of the Franchise rights provided for therein upon its written acceptance of the terms and conditions in the Agreement. (b) No Solid Waste Enterprise shall be awarded a Franchise for the Collection of Solid Waste unless the Enterprise successfully demonstrates it has sufficient equipment available to meet the dates and times of regularly scheduled pick-ups without interruption due to equipment failure. This requirement shall be maintained throughout the term of any Franchise Agreement. The City may also require that Collection vehicles be liquefied natural gas (LNG), compressed natural gas (CNG) vehicles, or other available low -emission technology. Section 8.16.060. Transfers. Except as otherwise set forth in a Franchise Agreement, any assignment or transfer of the Franchise without the City's prior written approval is ineffective, will make a Solid Waste Franchise subject to revocation and to any other remedies available under this Chapter, and will be considered to impair the City's assurance of due performance. The granting of approval for a transfer in one instance will not render unnecessary approval of any subsequent transfer. This restriction includes the sale of the Franchise, relinquishment of the Franchise or transfer of ownership of the Franchise or the conveyance of the Collector's stock to a new controlling interest. The City may, in its discretion, require a transfer fee, in an amount set forth in the Franchise Agreement. Section 8.16.070. Franchise terms. Any Franchise awarded pursuant to this Chapter shall be for an initial term of not more than ten (10) years, with the possibility of renewal at the option of the City Council. Section 8.16.080. Temporary collection services The City Manager may enter into a temporary agreement for Solid Waste Collection Services with a different Solid Waste Enterprise during any period of time that: 1. A Franchise has been suspended under the provisions of this Chapter; 2. A Franchise has been terminated, until such time as a new Franchise with a different Solid Waste Enterprise can be negotiated and approved by the City Council; or 3. The Collector refuses or is unable to Collect Solid Waste, provided such arrangement is agreed to in the Franchise Agreement. Section 8.16.090. Fees (a) The City may in its discretion, and as set forth in a Franchise Agreement, collect from a Collector a Franchise fee for the privilege of operating a Solid Waste Collection Service within the City, and any other fee related to the Solid Waste Collection Services allowed under law, the Agreement or this Code. 0 (b) A Franchise fee is not a payment in lieu of any tax, fee, or other assessment of general applicability. Section 8.16.100. Interim suspension. (a) The City Manager, without a hearing, may suspend a Franchise for not more than forty-five (45) calendar days, if the Manager finds that continued operation by a Collector will constitute an immediate threat to the public health, safety or general welfare of the City, due to a default in the Franchise Agreement, or for inability to perform pursuant to the terms of the Franchise Agreement. The City Manager shall provide any required notice of a proposed suspension and an opportunity to cure a default as may be provided for in the Franchise Agreement, as applicable. If the Collector fails to cure or if time to cure is not required under the Agreement, the City Manager shall provide written notice of interim suspension to the Collector setting forth the grounds for the suspension. The interim suspension will go into effect immediately upon delivery of the written notice to a Collector. (b) A Collector may appeal the interim suspension to the City Council, provided a written appeal is submitted to Manager within five (5) calendar days after notice of interim suspension has been sent to the Collector. Appeals shall include a general statement specifying the basis for the appeal and the specific aspect of the Manager's ruling being appealed. (c) The interim suspension shall remain in effect during the processing of the appeal to the Council. (d) The City Council shall hold a hearing on the appeal. Notice of such hearing shall be sent to a Collector not less than ten (10) calendar days prior to the hearing. The City Council may affirm the action of the Manager, refer the matter back to the Manager for further consideration, or overturn the decision of the City Manager. The Council may terminate the interim suspension or extend the period of the interim suspension and/or may initiate proceedings for revocation of the Franchise. The Council shall base its action upon the standards delineated in Subsection (a) above and Section 8.16.110 below. Section 8.16.110. Franchise revocation or modification. (a) After a hearing, the City Council may revoke; modify the rights, obligations and conditions of a Franchise; or impose a penalty on the Collector in an amount provided for in the Franchise Agreement if a Collector has violated any provision of this Chapter, the Franchise Agreement or any other applicable law, ordinance, or regulation related to the Collection Services provided in the City. (b) It is unlawful for any person or Solid Waste Enterprise to operate under a Franchise that has been revoked or suspended. Section 8.16.120. Notice of hearing on revocation or modification hearing. 9 The City shall serve a written notice of the City Council Franchise revocation or modification hearing on a Collector not less than fifteen (15) calendar days prior to such hearing. Section 8.16.130. City Council decision. The City shall serve written notice to a Collector of the City Council's ruling and such notification shall be made within ten (10) calendar days of the hearing. The notice of ruling shall include, without limitation, the effective date of any revocation, modification or penalty. The decision of the City Council shall be final. Section 8.16.140. Cessation of operations. Upon revocation of a Franchise by the Council, a Collector shall cease operations in the City within the period of time determined by the Council but in no event shall the Collector operate for more than forty-five (45) calendar days after notice of revocation. DIVISION 3. SOLID WASTE COLLECTION Section 8.16.150. Collector's liability insurance. (a) A Collector must obtain comprehensive general and automobile liability insurance acceptable to the City Attorney insuring a Collector against death, bodily injury, property damage and automobile liability arising out of or in any way connected with the Collector's activities. The insurance shall be in an amount set forth in the Franchise Agreement, name the City of Diamond Bar and its officers, employees and agents as additional insureds, and state that it shall not be canceled or modified without first giving to City written notice as provided in the Franchise Agreement. Such insurance shall be primary and noncontributing with respect to any other insurance available to the City and will include a cross - liability clause requiring the insurer to protect each insured separately. A copy of the policy or certificate of insurance along with all necessary endorsements, in a form approved by the City Attorney, shall be filed with the City Manager before the hauler is authorized to collect or otherwise transport Solid Waste under the Franchise. (b) Suspension, cancellation, or termination of the insurance by the provider without obtaining substitute insurance meeting the requirements of subsection (a) above shall be grounds for immediate suspension of the Franchise until new insurance is provided, and a Collector shall be liable to the City for any and all damages suffered by the City arising out of such suspension, cancellation or termination. Section 8.16.160. Worker's compensation insurance. A Collector shall at all times provide, at its own expense, workers' compensation insurance coverage for all of its employees as required under state law and shall file and maintain a certificate with the Manager showing said insurance to be in full force and effect. Section 8.16.170. City to be free from liability. Every Franchise Agreement and Limited Collection Permit shall include an indemnification provision whereby the Franchisee or Permitee agrees to indemnify the City against liability from claims that arise out of the Solid Waste Collection Services. Section 8.16.180. Performance guarantees. (a) The City may require a Collector to file a surety bond, letter of credit, and/or a certificate of deposit prior to the effective date of the Franchise to guarantee the faithful compliance with this Chapter and the Franchise Agreement. Such bond, letter of credit or certificate shall remain in force during the life of the Agreement and all renewals thereof. (b) In the event of suspension, cancellation, or termination of the bond, letter of credit or certificate by,the issuer, the Franchise shall be immediately suspended until a new guarantee mechanism is provided to the satisfaction of the City Manager, and a Collector shall. be liable to the City for any and all damages suffered by the City arising out of such suspension, cancellation or termination. Section 8.16.190. Office for inquiries and complaints. A Collector shall maintain an office at some fixed location and shall maintain a telephone line at the office, listed in the current telephone directory and online at the Collector's website, in the firm name by which it conducts business in the City, and shall, during the days and times provided for in the Franchise Agreement, have an employee or agent at said office to answer inquiries and receive complaints. in addition, inquiries and complaints may also be handled by email if provided for in the Franchise Agreement. Section 8.16.200. Permits and licenses. A Collector shall obtain all applicable permits and licenses required by any Federal, State or local agency. Section 8.16.210. Responsibility for damages. (a) Any Collector, or Person providing Solid Waste Collection Services or operating a Solid Waste Enterprise in the City shall be responsible for damages caused as a result of its acts or omissions including, without limitation, injuries or death to any person or damage to public or private property. (b) Except as provided in the Franchise Agreement for normal wear and tear, a Collector shall be responsible, at the Collector's sole expense, for any physical damage to private or public property caused by the negligent or willful acts or omissions of Collector's employees, agents, volunteers, or other individuals providing the services set forth in the Franchise. Section 8.16.220. City inspection authority. To the extent required by law and as set forth in a Franchise Agreement, any Collector providing Collection Services or operating a Solid Waste Enterprise in the City shall keep and maintain books of account, income statements, tonnage reports, weight tickets, 11 Customer lists, billing records, maps, AB 939 compliance records, and Customer complaints and other like materials and documents of the Collector which relate to the Collector's compliance with the provisions of this Chapter or relate in any way to business transactions conducted by the person in the City during the entire term, including renewals, of the Agreement and for a period of at least five years after said service was provided, or for any longer period required by law or the Franchise Agreement. Any Collector shall make these records and documents available to the City upon request upon five (5) business days' written notice. Such records shall be made available to the City at the Collector's regular place of business, either within the Los Angeles County Limits or within twenty miles of Diamond Bar City Hall if outside Los Angeles County, or by delivering such records to Diamond Bar City Hall. Section 8.16.230. Collection rates. (a) A charge for the Collection of Solid Waste shall be imposed on each Customer to whom Collection Service is made available. The maximum rate and any adjustments thereto shall be agreed upon by the Collector and the City in the Agreement and in accordance with any applicable provisions of state law. The charge so fixed shall be a civil debt due and owing to Collector from the Customer of the Premises to which the Collection Service is made available. (b) For Residential Premises, the maximum rate shall be developed in compliance with applicable state law, assuming a single standard container of 64 -gallon capacity. A different size container may be supplied upon Customer request, and a maximum monthly rate shall also be established that accounts for the size differential. (c) A Collector shall offer a reduction in Collection rates to any senior citizen and any disabled Customer of a Residential Premises who receives collection services at his or her personal residence. This discount is applicable to all services rendered by the Collector and the amount of the reduction shall be as specified in the Franchise Agreement. (d) Residential Customers who practice yard waste composting and grass cycling, or generate no yard wastes other than unacceptable yard debris not normally allowed in the yard waste container, can refuse a Green Waste container and may be eligible for a reduction in Collection rates, pending verification of the absence of acceptable yard waste in the refuse container. If a container for storing green waste is refused by a Customer, it shall be the duty of the Customer to assure that green wastes are actually recycled, composted, and/or grass cycled in a safe manner either on the Premises or with a gardener or landscaper. The amount of the reduction shall be as specified in the Franchise Agreement. (e) At no time shall a Customer receive greater than thirty percent (30%) reduction off the base monthly collection rate. 12 (f) Customers shall file applications for reductions based on the criteria set forth in this Section, with the Diamond Bar Public Works Department and applications shall be accompanied with such supporting documentation as determined necessary by the Director of Public Works. A change of address terminates the special rate provided for in this Section, but a new application may be made and the reduced rate shall be allowed, if the requirements of this Section are satisfied. The City Manager may adopt rules and regulations deemed necessary to properly carry out the provisions of this Section. Section 8.16.240. Rate adjustments. A Collector shall provide each Customer, 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. All rate adjustments shall be made in accordance with the Agreement and any applicable provisions of state law or this Code. Section 8.16.250. Fees and other charges. (a) Except as otherwise provided by federal, state or local laws, this Chapter or other City Council authorized restrictions, all fees and charges applicable to this Chapter shall be established by City Council resolution. (b) Pursuant to Public Resources Code §§ 41900 et seq., as amended, the City may levy fees upon Collectors and Customers for planning and program development and administration regarding solid and household hazardous waste, recyclable materials and/or green waste planning, and for access to collection service, for collection service, inspection, auditing, transfer and disposal and the planning for and response to releases and spills of solid wastes which have the characteristics of Hazardous Wastes. Such fees may include charges for the use of Waste Disposal Facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The City may collect such charges by such means as determined by City Council resolution or ordinance. (c) Pursuant to Public Resources Code § 41902, the City may directly assess any fees or may by Agreement, arrange for any fees upon the Customers to be collected by a Collector under this Chapter. Any applicable fee established pursuant to this Chapter shall be payable by the Collector to the City thirty (30) calendar days after the close of each quarter of the Collector's fiscal year, or such other times as may be set forth in the Franchise Agreement. The Collector shall pay or collect, as the case may be, an AB 939 Administrative Fee, as may be established in accordance with state law. Section 8.16.260. Billing and payment of collection rates, fees and charges. Billing and payment procedures are as follows: 13 (a) A Collector shall bill all Customers for all services rendered, whether regular or special services. The Collector 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, reductions and other special services covered under this Chapter. (b) The City may, at the City's sole option, collect fee's for residential collection services through a parcel charge by causing fees to be placed on the Los Angeles County Tax rolls through procedures established by the Los Angeles County Tax Collector. Should the City institute a parcel charge, the Collector shall be paid for each residential unit or Premises served according to a payment schedule as set forth by a separate resolution of the City Council. (c) Notwithstanding any other provision of this Chapter, the City Council, in its sole discretion, may collect delinquent fees owed pursuant to this Chapter by placement of the fees on the property tax rolls, pursuant to the provisions of this Section. The City Council, in its sole discretion, may collect delinquent fees pursuant to this Section from all property owners, or only from Residential Premises, and/or Commercial Premises. Should the City Council elect to apply the provisions of this Section, the following procedures shall be followed: 1. Any customer who, as of June first of any given year, is delinquent as to any charges or penalties due as of March thirty-first of that same year, shall be mailed written notification that the City Council will review all such delinquent accounts during a public hearing and determine whether to forward the delinquent accounts to the County Auditor on August first to be included as an additional assessment for the respective affected parcel on the county property tax rolls. At the time of such written notification, a penalty shall be added to the delinquent account to cover the administrative costs of such procedure. Any owner whose property is so affected shall have the right to appear before the Council when it deliberates on the matter. 2. The City Council shall consider the matter at a public hearing. 3. The Council may also consider at the hearing requests for waivers or adjustments of the delinquent charges or penalties. Requests for such waivers or adjustments shall be considered only if timely made, and if accompanied by sufficient information and documentation to permit the Director of Finance to make a determination of whether cause exists to justify a waiver or adjustment. The Council may determine that the fees or penalties owed by any property owner should be waived or adjusted, for any of the following reasons: (a) Property ownership change. (b) Vacant units not requiring service. (c) Demolition of units during a service quarter, 14 (d) Condemnation actions against the property. (e) Incorrect mailing address. (f) Incorrect ownership information. (h) Other similar conditions and reasons creating circumstances beyond the reasonable control of the property owner. 4. The County Auditor shall enter each assessment on the county tax roll for the parcel of land affected. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount shall be subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the County Tax Collector, in his discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection and enforcement of county taxes shall apply to such special assessment fees. Section 8.16.270. Required monthly and annual reports. (a) A Collector shall provide the City separate monthly and annual tonnage and information reports in an amount, form and on dates set forth in the Franchise Agreement. (b) The Collector shall provide the City two (2) copies of all reports, or other material adversely affecting the Collector's status under this Chapter, including, but not limited to, reports submitted by the Collector to the Environmental Protection Agency, CalRecycle, or any other federal or state agency. Copies shall be submitted to City simultaneously with the Collector's filing of such matters with such agencies. (c) The Collector shall submit to the City copies of all notices of lawsuits, applications, notifications, communications and documents of any kind, submitted by the Collector 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 the Collector's performance of services pursuant to this Chapter. Any confidential data exempt from public disclosure shall be retained in confidence by the City to the extent permitted by law. (d) All reports and records required under this or any other section of this Code, the Agreement or state or federal law shall be furnished at the sole expense of the Collector. Section 8.16.280. Collection in emergencies. Except as otherwise provided in the Force Majeure provisions of a Franchise Agreement, in the event that the collection, transportation and/or disposal services of a Collector are �15 temporarily interrupted or discontinued due to riots, wars, civil disturbances, 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 a Collector, for a period of more than seventy-two (72) hours, and if as a result thereof, Solid Waste should accumulate in the 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 24-hour prior written notice to a Collector, during the period of such emergency, to issue limited permits to private persons, corporations or other Solid Waste Enterprises to perform any of the services regulated by this Chapter. Section 8.16.290. Mandatory service. Except as otherwise provided in this Chapter: (a)All Solid Waste collected from Residential or Commercial Premises for a fee, service charge or other consideration, shall be collected by a Solid Waste Enterprise under the provisions of a Franchise awarded by the City Council. (b) No Person shall Collect any Solid Waste from any Commercial Premises or Residential Premises within the city, place a container, or other receptacle for Solid Waste at any premises within the City, or collect, transfer, or remove Solid Waste within the City, unless that person holds a Franchise or Limited Collection Permit from the City for such Collection or container placement. Each day any person shall engage in these activities without holding a Franchise or Limited Collection Permit from the City for doing so shall constitute a separate offense. (c) Each Residential and Commercial Property owner and occupant in the City shall, at all times utilize the services of a Collector and pay the rates approved by the City Council for the regular and routine collection of Solid Waste from such Premises and shall, at all times comply with City policies and programs with regard to Solid Waste recovery, reduction and recycling. No Customer shall enter into an agreement for Solid Waste Collection Services with any Person or Solid Waste Enterprise except as otherwise provided in this Chapter. Regular and routine Solid Waste Collection services means the collection of everyday Solid Waste generated on the premises and does not include special collections governed under 8.16.550(f), permitted self -hauling, donation of recyclables, and Construction/Demolition Waste activities. Section 8.16.300. Holidays. If the day of Collection on any given route falls on a holiday observed by the City or Waste Disposal Facility to which waste or recyclables collected within the City are taken for disposal, the Collector shall provide Collection Service for such route on the next workday following such holiday and the Collection days for the remainder of that week shall all be postponed one Collection day, unless otherwise provided in the Agreement or this Chapter. The following holidays will be observed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, and any other day designated as such in a contract between a Collector and the labor union serving as the 16 exclusive representative of that. Collector's employees, provided the holiday is established or recognized by resolution of the City Council or in an Agreement between the City and a Collector. Section 8.16.310. Collection service requirements A Franchised Collector shall provide the following specific services as described in subsections (a) through (i) of this Section. These services shall be in addition to any requirements, conditions, policies and procedures as may be established by resolution of the City Council from time to time hereafter or in an Agreement. In the event that the City grants more than one Franchise, the following services may be allocated amongst all of the Collectors. (a) A Collector, at the Collector's sole expense, shall prepare and implement a multilingual public education and information program. This program shall, at a minimum: familiarize residents, property managers, business owners/managers, and designated institutional representatives with essential waste reduction and recycling concepts, explain the benefits of recycling and composting (if applicable), and explain the purpose and the manner of the City's Recycling and Green Waste services, composting, and disposal and recycling for Electronic Waste. (b) Collectors shall collect, transport and recycle as mulch all holiday trees that are placed at the curbside, from Residential Premises within the City during the period beginning on the first Monday following Christmas and ending on the third Monday in January, or such other period as may be agreed to in the Franchise Agreement. (c) A Collector at the Collector's sole expense shall provide, at a minimum, four (4) free curbside collections of Bulky Items per year to all Residential Premises, either on days of the month selected by the Director of Public Works, or on-call, as agreed to in the Franchise Agreement. The size and weight restrictions may be set forth in the Franchise Agreement, and if the agreement is silent, there shall be no such restrictions except that the Collector shall not be required to remove automobile bodies, materials brought in from other areas or any other items which may not be safely handled by two (2) persons. Collector shall make a good faith effort to reuse or recycle bulky items and shall only dispose of these items if necessary. E -waste shall only be disposed of in appropriate facilities capable of handling the waste in a manner required by law. (d) A Collector, at the City's sole option, shall provide upon request Solid Waste collection and recycling services to all public facilities (i.e., city hall, city parks, etc.) at no charge to the City. (e) A Collector shall, at no additional charge, provide on -demand collection of illegally:dumped bulky goods within one (1) business day of -the City's request, unless a different time is `set forth in the Franchise- Agreement. If the City issues 17 more than one Franchise, the Collectors may provide this service according to a rotational schedule established by the Director of Public Works. (f) A Collector shall, at no additional charge, provide containers suitable to store all necessary supplies and equipment that may be needed in the event of a disaster to the City and all public schools within the City. The size, location and number of containers shall be determined in the Franchise Agreement. (g) A Collector for Residential Premises shall provide, at a Customer's request and at no additional charge, manual carryout collection service to any disabled occupant of a single-family unit who is not able to place his or her containers at the curb due to a physical disability. (h) All Collectors shall provide Recyclable Materials collection services. These services shall be conducted as specified in the Franchise Agreement. A Collector shall report to the City and maintain disposal and diversion records. Nothing in this Chapter shall limit the right of any person to donate, sell, or otherwise dispose of his or her recyclable materials. (i) A Collector shall implement a Green Waste collection program for all Residential Premises, and Commercial Premises where landscaping or gardening activities are conducted. Green waste shall be placed for collection in the manner set forth in this Chapter and in an Agreement. Section 8.16.320. Frequency of collection. (a) A Collector shall collect and dispose of all Solid Waste placed for collection in compliance with this Chapter from each Customer at least once during each calendar week, or more frequently if required to handle the waste stream of the Premises. Routes of collection shall be so arranged that collection from any Premises will be made on the same days of each week. A Collector shall possess a sufficient number of vehicles including spares to maintain the collection schedule at all times. (b) A Collector shall submit to City its proposed collection schedule for the ensuing calendar year. The Franchise Agreement shall set forth the time and frequency for submitting the schedule. The schedule shall indicate all regularly scheduled collection days which fall on a holiday and the collection day which is proposed to be substituted therefore (if any) so as to ensure that collection shall takes place once each week. Upon approval by the City Manager, Collector shall cause to be mailed a written notice to all Customers of such schedule not later than December 31 st of each year. In his or her discretion, the City Manager may mail out the annual notice to all Customers, at the expense of the Collector. Section 8.16.330. Hours of collection (a) No collection, or delivery or removal of containers, shall be made between the hours of 6:30 p.m. and 6:30 a.m. Monday through Friday or at any time on Saturday and IN Sunday, except that if agreed to in a Franchise Agreement, Saturday collection maybe permitted during Holiday weeks for Residential Premises, and as a regular Collection day for Commercial Premises. The Director of Public Works may require a Collector to change hours of operation if it is determined that the operations have a detrimental effect upon the peace and quiet of 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 by resolution regulate the routes, intervals, delivery points, and days for collection by Collectors operating within the City. (c) The City Manager may temporarily waive the requirements of this Section when necessitated by conditions beyond the control of the Collector. Section 8.16.340. Residential containers. At the Collector's own expense, a Collector shall provide each Residential Premises for which it is authorized to collect at least one container each for the collection of: (1) solid waste, (2) recyclables and (3) green waste, including grass clippings, leaves and other yard work debris, other than oversized branches or tree limbs. All containers shall be constructed of metal, hard rubber or plastic and have wheels and a tight fitting lid. Containers shall not permit the contents thereof to sift or pass through any opening therein other than the top, shall be maintained in a safe and sanitary condition by the Customer and shall not contain any rough or jagged surfaces. Additional loads placed out for collection may be permitted to the extent such loads are authorized in the applicable Franchise Agreement. Section 8.16.350. Commercial containers. (a) A Collector shall provide Containers suitable to each Commercial Premises for which it is authorized to collect solid waste. (b) All Containers shall be constructed of durable metal or plastic and have wheels and a tight fitting lid that shall be kept closed at all times. Containers shall not permit the contents thereof to sift or pass through any opening therein other than the top, shall be maintained in a safe and sanitary condition by the Customer and shall not contain any rough or jagged surfaces. The use of oil drums of 50 -gallon capacity or more is specifically prohibited. Section 8.16.360. Care of containers. Collector's agents and employees shall handle all Containers with care. Section 8.16.370. Employees of collector. All Collector's field employees shall wear name tags or uniforms to enable identification while providing service to the public. 19 Section 8.16.380. Trespass. No person authorized to Collect Solid Waste shall enter on private property beyond the extent necessary to collect the Solid Waste properly placed for Collection. Section 8.16.390. Noise. A Collector shall conduct its operations as to create the least possible obstruction and inconvenience to public traffic, and disruption to the existing noise levels in the area within which collections are made. Section 8.16.400. Ownership. At such time as Solid Waste is placed for collection at the usual place of collection, the Solid Waste is the property of a Collector. Section 8.16.410. Collection vehicle identification. Except as otherwise provided in this Chapter, no Solid Waste Enterprise may operate any vehicle for the collection of Solid Waste in the City unless the owner of the vehicle is a Collector as that term is defined in Section 8.16.020. Section 8.16.420. Operation of equipment. A Collector shall operate all equipment in compliance with all Federal, State and local laws. Collection vehicles shall not be operated in a manner that results in undue interference with normal traffic flows or violation of any traffic laws. Collection vehicles, whether loaded or unloaded, shall not be parked, or left unattended on any street in the City. Section 8.16.430. Compliance with vehicle standards. Any vehicle used in the Collection of Solid Waste in the City shall, at all times, be maintained in accordance with all the standards set forth in the Franchise Agreement, this Code, or any other applicable law. The use of a vehicle that fails to comply with each of the standards is prohibited. A Collector shall immediately remove any vehicle from collection service that fails, at any time, to conform to any of the standards recited in the Agreement or this Code and shall not use that vehicle until it is repaired or comes into compliance. Should the City Manager give notification at any time to a Collector that any of its vehicles are not in compliance with the standards of this Chapter or the Agreement, the vehicle shall be immediately removed from service in the City by the Collector. The vehicle shall not again be utilized in the City until the Collector successfully demonstrates to the Manager that the vehicle is in compliance with the requirements of the Agreement and this Code. A Collector shall maintain its regular collection schedule regardless of the repair of any vehicle. Section 8.16.440. Resource recovery. A Collector shall, at all times, comply with City policies and programs regarding Solid Waste recovery, reduction and recycling, including the City's Source Reduction and Recycling Element. Such policies and programs may be established by resolution of the City Council. Compliance with such policies and programs shall be a condition of any Franchise issued pursuant to this Chapter. 20 Section 8.16.450. Diversion requirement. A Collector shall not deposit at any landfill more Solid Waste than the percentage designated in the Franchise Agreement. That percentage of Solid Waste shall be diverted from landfills through reduction, recycling and composting activities. Through implementation of the Franchise Agreement, a Collector shall assist the City in meeting its diversion obligations under Public Resources Code § 41780, as amended, to the greatest extent practicable. Activities deemed in contravention of that goal shall be a violation of this Section. DIVISION 4. LIMITED COLLECTION PERMITS Section 8.16.460. Limited collection permit requirement. No person, other than a Franchisee, permitted self -hauler or Commercial Recycler, shall Collect Solid Waste in the City without having first been issued a Limited Collection Permit. Such permit shall be in addition to any business license or permit otherwise required by the City. The Director of Public Works is authorized to promulgate administrative policies and procedures for issuing such permits. Section 8.16.470 Permit requirement. Applications shall include, but not be limited to: a. Name of applicant. b. Business address, and addresses where all vehicles will be stored. c. A description of each vehicle and other equipment that the applicant owns or has under its control. d. A list of customers which the collector will service in the City. e. Proposed collection rates to be charged by the applicant. f. Detailed information regarding services offered to customers and a listing of customers currently receiving collection service, g. Any other information requested by the City Manager. Section 8.16.480 Permit fees. Each Collection Permittee shall pay a yearly fee in an amount determined by resolution of the City Council. 21 Section 8.16.490. Permit terms. Any permit issued under this Chapter shall be for a term of not more than one year and shall expire December thirty-first of each year. Section 8.16.500. Transfer of permit. A permit issued under this Division shall not be transferred, delegated or assigned. No Permittee shall sell, assign, hypothecate, relinquish, surrender or transfer its interest in a permit to any person or collector or allow another person or entity to use its permit in any act for which a permit is required without the prior written consent of the City Council. Section 8.16.510. Denial of permit. After review of the permit application, the City Manager, or designee, may deny the issuance of an annual collection permit based on information disclosed in the permit application. Denial of an annual permit may be based on an incomplete application, failure to demonstrate qualifications or financial responsibility necessary to comply with the requirements of this Chapter, failure to supply required reports or previous violations of any provision of this Chapter. Upon denial, the City Manager shall provide the Collector written notification of the reasons therefore and shall include the effective date' of such denial. Written notification of denial shall be delivered in person or certified first class mail to the Collector. Section 8.16.520. Revocation, suspension, appeal. The City Manager may revoke or suspend any permit pursuant to the provisions of Sections 8.16.100- 8.16.140, inclusive. The Collector may appeal the denial, revocation, or suspension of a permit pursuant the procedures set forth in Sections 8.16.100(b) through (d), inclusive. It is unlawful for any person to operate under a permit which has been revoked or suspended. Section 8.16.530 Prohibited acts. No Collection Permittee shall perform Solid Waste Collection Services otherwise provided for in a Solid Waste Franchise Agreement. No Permittee shall collect a fee for Recyclable Material Collection Services provided to Residential Premises. Section 8.16.540 Additional permitee obligations. A Collection Permittee shall also be subject to the following provisions of this Chapter 8.16: Sections 8.16.150 Collector's liability insurance, provided that the amount of insurance shall be determined by administrative policy promulgated by the Director; 8.16.160 Worker's compensation insurance; 8.16.170 City to be free from liability; 8.16.190 Office for inquiries and complaints; 8.16.200 Permits and licenses; 8.16.210 Responsibility for damages; 8.16.220 City inspection authority; 8.16.330 Hours of collection; 8.16.380 Trespass; 8.16.390 Noise; 8.16.400 Ownership; 8.16.410 Collection 22 Vehicle identification; 8.16.420 Operation of equipment; 8.16.440 Resource recovery; and all other applicable provisions of this Municipal Code. Construction/Demolition Haulers must also comply with Division 6 of this Chapter. DIVISION 5. SOLID WASTE ACTIVITIES AND EXCLUSIONS Section 8.16.550. Placement of containers for collection. It shall be the duty of every Person having charge and control of any Residential or Commercial Premises to set out or place Containers for the Collection of Solid Waste, as follows: (a) Containers shall be placed at the curb in front of Residential Premises, or the alley in the rear of Residential Premises, except where alleys having access to public highways at each end exist. Collections shall be made from such alleys provided that this provision shall not apply to a blind alley or alley the width of which will not accommodate the vehicle used for Collection. (b) No Person shall place, or cause to be placed any Container from a Commercial Premises on any public street, alley or thoroughfare or in any public place without first obtaining an encroachment permit from the City's Public Works Department for each day the Container is placed there. Any Container placed on the public street, alley, or thoroughfare shall be properly barricaded against traffic, and all debris resulting from the location and use of the Container shall be removed at the end of the day in which it was placed in the public street, alley or thoroughfare. (c) No Person shall place any Container of Solid Waste to be collected by the Collector, 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 Solid Waste on the particular route involved, earlier than sunset of the day preceding the day designated for Collection, and all Containers shall be removed from the place of Collection prior to 10:00 p.m. on the day the Containers have been emptied. (d) Should any Container not be emptied and the contents removed on the date and time scheduled by the Collector, Customer should immediately notify the Collector or the City, and it shall be the duty of the Collector to arrange for the Collection and Disposal of the Solid Waste. (e) Occasional loads of Solid Waste not susceptible to placement in a Container may be placed for Collection at the same place and time as the Container if securely tied in sturdy bags or bundles not heavier than seventy pounds, not more than four feet in length, nor more than eighteen inches in diameter. Wooden boxes, crates, or cardboard boxes must be broken down and stacked neatly at the Customer's Collection point. No cardboard box, paper bag or oil drum may be used as a Container for Solid Waste. 23 (f) Solid Waste not susceptible to placement in a Container may, in the discretion of the Collector, be scheduled for special collection upon the application of the Customer of the Premises. Special collection charges may be assessed by the Collector for this service with prior approval of above-mentioned Customer of the Premises and subject to any requirements set forth in a Franchise Agreement. (g) Except when placed out for Collection purposes, Containers shall be kept and maintained only in storage locations permitted by Title 22 of this Code, as may be amended from time to time, or as specified by use permit or other entitlement for use. In addition, Container lids shall be kept closed at all times to avoid the propagation of flies or other vectors and to control odors and the potential for wind-blown litter. Section 8.16.560. Prohibited acts. It shall be unlawful for any Customer or Person to do the following: (a) For any Customer or Person owning, managing or having the control of any Premises or vacant lot within the City to permit an accumulation of Solid Waste to become or remain offensive, unsightly or unsafe to the public health or safety or hazardous from fire. (b) To deposit, keep or accumulate, or permit or cause any Solid Waste to be deposited, kept or accumulated, upon any property, lot or parcel of land, or any public or private place in the City except as provided in this Chapter. (c) To permit Solid Waste to accumulate, or to blow about in a manner that creates an unsightly appearance, or a health hazard, or to fail to immediately clean up, or arrange for the immediate cleanup, of any waste released, spilled or dumped into the environment during removal or transport within the City by such person. (d) To dispose his or her Solid Waste into Containers at locations other than those that are located upon property which they own or occupy or where they work. (e).To engage in the following activities unless the individual is the property owner or occupant, person in charge of the day-to-day activities of the place or Premises or agents of the Collector authorized to collect from that Premises: 1. Remove or move any Container from the location where the Container was placed for storage or collection; 2. Remove any Solid Waste or Recyclable Material from any Container; 3. Apply any paint or markings (commonly known as "graffiti" or "tagging") to any Container without the prior written approval of the owner of the Container. 24 (f).To place Bulky Items adjacent to a street or public right-of-way without first having made arrangements with the City, a Collector, or other Person for the prompt pickup of the Bulky Items. (g).To burn Solid Waste within the City, except in an approved incinerator or transformation facility or other device for which a permit was issued and which complies with all applicable permit and other regulations of air pollution control authorities and provided any such act of burning in all respects complies with all other laws, rules and regulations. (h). To bury or dump any Solid Waste within the City. (i). To set out or cause to be set out for regular Solid Waste Collection by a Collector: 1. Any Solid Waste not generated on the Premises; or 2. Any Electronic Waste, Hazardous Waste, or any other form of waste that does not meet the definition of Solid Waste, provided that Electronic Waste may be collected as a Bulky Item if provided for in a Franchise Agreement. Section 8.16.570. Backyard residential composting. (a). Notwithstanding any other provision of this Chapter, residents are encouraged to compost Green Wastes, including grass clippings, leaves, plant trimmings, wood ashes and vegetable kitchen scraps or manure (but not including other household garbage or animal waste). The following composting conditions must be met: 1. Compost piles or bins shall not be visible from the street or neighboring properties; 2. The compost piles or bins shall not be located next to a stream or drainage course; 3. Compost piles and bins are maintained so that they do not generate an offensive odor or harbor rodents; 4. The compost is enclosed, screened or otherwise maintained to minimize insects and pests; and 5. The pile or Container shall not permit surface run-off or leachate to other property or to drainage courses, waterways or streams. (b). No composting shall be permitted at any location that is determined to be a fire hazard by the Los Angeles County Fire Department or any location that is determined by any other regulatory body to be a threat to the public health, safety or welfare or if such activity violates any applicable local, state or federal law. 25 Section 8.16.580. Self haulers (a) In lieu of utilizing the services of the Franchisee, Customers at Residential or Commercial Premises may choose instead to self -haul regular and routine Solid Waste generated or accumulated on Premises of which they are in charge after first obtaining a self -haul permit from the City pursuant to this Chapter. The Director of Public Works is authorized to promulgate administrative policies and procedures for issuing such permits. This Section does not apply to Construction/Demolition Waste. (b) Self -haulers must deposit Solid Waste only at a properly licensed Waste Disposal facilities including without limitation a landfill, recycling center, recyclable material purchasing center, compostable materials handling facility, transfer station, green material composting facility or other facility permitted to accept such material. Each self -hauler must report to the City, at a frequency and in a manner determined by the Director of Public Works, the type, quantity, volume, weight and destination of Solid Waste collected in the City and transported from the City, and present gate tickets or receipts to substantiate its disposal reports. Failure to submit required reports to the City is a basis for revocation of a "self - hauler" permit. Self -haulers must haul waste from the property at a frequency comparable to the service provided by the Collector. Failure to do so is a basis for revocation of a "self -haul" permit. Section 8.16.590. Gardener's exclusion. (a) A Franchise or Limited Collection Permit shall not be required for the occasional removal of Green Waste as a result of significant tree trimming, gardening or landscaping activities generating waste beyond that which can be placed in a Container. (b) City contractors conducting landscaping and tree trimming activities are not eligible for the Gardener's exclusion and shall divert all green waste from the landfill and dispose of the waste in a legitimate composting or alternative fuel facility or use the waste as cover material at a landfill. City contractors shall report such diversion activities to the City, as further specified in the services agreement. Section 8.16.600. Commercial recycler exclusion for source -separated recyclables. No provisions of this Chapter shall prevent a recycling business from contracting to collect source -separated recyclables that are donated or sold to that recycling business by a Customer. "Source -separated recyclables" within the meaning of this subsection means recyclables that have been separated from Solid Waste for the purpose of sale or donation, that have not been mixed with or contain more than incidental or minimal solid waste, and that do not have a negative market value inclusive of collection, transportation, and disposition costs. This exclusion does not apply if the material collected is hauled for a net fee. 26 DIVISION 6. CONSTRUCTION AND DEMOLITION WASTE Section 8.16.610. Construction or demolition waste. Every Covered Construction Project shall Divert at least seventy five percent (75%), measured by weight, of all Construction/Demolition Waste generated by the Covered Construction Project. Construction Permittees working on exempt projects are encouraged to Divert as much Construction/Demolition Waste as practicable and to report the Diversion back to the City. Section 8.16.620. Covered projects. (a) The Diversion and reporting requirements of this Division apply to Construction, Demolition or Remodel projects of 1000 square feet or more. (b) The Diversion and reporting requirements of this Section shall not apply to the following exempt projects: 1. Any Construction, Demolition or Remodel Project of less than 1000 square feet; and 2. Any Construction, Demolition or Remodel Project that does not require a building permit and does not generate Construction/Demolition Waste; and 3. Any project that requires emergency demolition in order to protect the public health or safety as determined by the Manager prior to the issuance of a demolition permit; and 4. City Public Works projects. Section 8.16.630. Construction/demolition hauling permit. (a) No Person or Solid Waste enterprise shall remove Construction/Demolition Waste within the City without first obtaining a Limited Collection Permit under Division 4 of this Chapter. The City shall maintain a list of all permit holders and Construction Permitees shall only use a permitted Hauler for removal of Construction/Demolition Waste within the City. (b) In addition to the requirements in Section 8.16.470 above for Limited Collection Permits, an application for a Limited Collection Permit to Collect Construction/Demolition Waste shall also include the following information: 1. The type and amount of materials and waste material that the hauler is capable of transporting. 2. The number of vehicles that the enterprise utilizes and the types of containers the hauler uses to collect Construction/Demolition Waste. 3. The name, address and contact information for the Waste Disposal Facilities where the hauler will take diverted material and where the hauler will take waste. 4. Such other pertinent facts or information as the Director may require including but not limited to evidence of state certification, evidence of previous experience, and demonstration of reliable and safe equipment. 27 (c) In order to be legally qualified to obtain Limited Collection Permit to Collect Construction/Demolition Waste, the applicant shall: 1. Be willing and able to comply with the provisions of this Code, applicable law, and all requirements of the permit; and 2. Have demonstrated ability to remove and transport the required Construction/Demolition Waste to the appropriate Waste Disposal Facilities. Section 8.16.640. Deposit required for covered projects. As a part of any application for, and prior to the issuance of, any building, grading or demolition permit for a Covered Project, every Construction Permittee shall post a cash deposit, letter of credit or cashiers check in the amount of fifty dollars ($50.00) for each estimated ton of Construction/Demolition Waste, but not less than one thousand five hundred dollars ($1,500) and not to exceed five thousand dollars ($5,000). The deposit shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of the Director, that no less than seventy five percent (75%) of Construction/Demolition Waste has been diverted. If a lesser percentage is diverted, a proportionate share of the deposit will be returned in accordance with a formula established by the City Manager. The deposit shall be forfeited entirely if there is a failure to comply with the requirements of this Section. Section 8.16.650. Condition precedent to issuance of buildinLr or demolition permit. As a part of any application for, and prior to the issuance of, any building, grading or demolition permit for a Covered Project, the Construction Permittee shall submit to the Director of Public Works a properly completed "Recycling mid Waste Reduction Application" on a form prescribed by the Manager. The application shall contain an estimate of the weight of Construction/Demolition Waste to be generated from the proposed Covered Project and identify the permitted Construction/Demolition Hauler for the project. The City shall not issue a building or demolition permit until the Director of Public Works accepts the Recycling and Waste Reduction Application as complete and accurate. Section 8.16.660. Revocation. (a) Failure by a permitted Hauler to comply with the Diversion and/or reporting requirements of this Section will result in automatic revocation of the Limited- Collection imitedCollection Permit. A hauler whose permit has been revoked shall not be eligible to reapply for a new permit for a period of three -years (3) from the date of revocation. (b) The Director may also revoke a permit for failure to meet the requirements in Sections 8.16.520 and 8.16.630. Section 8.16.670. Records. M During the term of any covered project, the permitted hauler shall keep records of the amount of waste disposed and diverted in tonnage or in other measurements approved by the Director that can be converted to tonnage. Section 8.16.680. Reporting, (a) Within thirty (30) calendar days following the completion of any Covered Construction Project, the Construction Permittee shall submit under penalty of perjury, and as a condition precedent to final inspection and issuance of any certificate of occupancy, documentation to the satisfaction of the Director establishing compliance with the requirements of this Division. The documentation shall consist of a completed "Recycling and Waste Reduction Final Compliance Report" showing the weight of materials disposed and diverted, supported by evidence satisfactory to the Director, which may include originals or photocopies of receipts and weight tickets/invoices or other records of measurement from recycling companies and/or landfill and disposal companies. Receipts and weight tickets may be required by the Director to verify the amount of Construction or Demolition Waste generated from the site that has been diverted. (b) If a project involves issuance of more than one permit, demolition, grading or building permit, the report and documentation for the demolition and/or grading permits shall be submitted to and approved by the Director before issuance of a building permit. Section 8.16.690. Monitoring responsibility of Director. The Director, or designee, shall monitor each Covered Construction Project for compliance with this Section. Section 8.16.700. Permitted waste. Only Construction and Demolition Waste shall be placed in Construction/Demolition Waste Containers. The Construction/Demolition Waste Hauler shall be responsible for ensuring that Solid Waste from non -construction activities is not placed on the Construction/Demolition Waste Containers. If non -construction Solid Waste is being generated at a construction site, a Solid Waste Container from the City's Franchised Hauler authorized to collect Solid Waste at the Premises shall be placed on the property and used for collection. Section 8.16.710 Implementing reeulations. The Director of Public Works shall have the authority to establish regulations for the implementation of this Section, and when duly established, such regulations shall be in full force and effect. DIVISION 7. ENFORCEMENT Section 8.16.720. Penalty for violation of chapter. 29 It shall be unlawful for any Person to violate any provision or to fail to comply with any of the requirements of this Chapter. Any Person, violating any provision of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1.04.010. Section 8.16.730. Enforcement. (a) The violation of any of the provisions of this Chapter 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. (b) In addition to the remedies set forth in this Chapter, violations of this Chapter or a Franchise Agreement may be enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community in which the Collector operates. (c) The remedies provided by this Chapter are cumulative and in addition to any other criminal or civil remedies. Section 8.16.740. City prosecutor and city attorney enforcement authority. In addition to any other general functions, powers, and duties given to the City Attorney and City Prosecutor by this Code or California law, those individuals are authorized to: (a). Prosecute on behalf of the people all criminal cases and on behalf of the City all civil cases for violations of this Chapter including, without limitation, administrative or judicial nuisance abatement and suits for injunctive relief; and (b) Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the City under this Chapter. Section 8.16.750. Civil action by authorized recycling agent. Nothing in this Chapter limits the right of any Collector to bring a civil action against any Person who violates California Public Resources Code §§ 41950-51, nor will a conviction for such violation exempt any person from a civil action. Section 8.16.760. Removal of unauthorized container in the public right of way. The City and Collectors may remove unauthorized Collection Containers located within the City's public right-of-way that have been placed by or belong to haulers that are not authorized to collect Solid Waste in the City. The City may recover from the unauthorized hauler any costs associated with impounding and storing an unauthorized container. Upon notification from City, or Collector's locating of an unauthorized placed Container, Collector may begin the following procedure within twenty-four (24) hours: 1. Collector shall first place a notice on Container that: 30 a. Directs the unauthorized hauler or its Customer to remove the Container within twenty-four (24) hours of notice and if not removed, that the container will be impounded; b. Cites to this Section of the Municipal Code; c. Indicates where the impounded Container may be retrieved and the estimated impound and storage costs; and d. Warns that, should a second Container belonging to that company be found in the City in violation of this Section, that Container may be removed and impounded without warning. 2. If the company can be identified and its address ascertained, City or Collector shall mail the notice as well. 3. Collector shall notify City of the notice and request written authorization to impound the Container. 4. With City written approval, Collector may impound the Container if it has not yet been removed by the illegal hauler. 5. For subsequent violations by the same company after the initial notice has been posted, tba Collector has mailed a warning to the company if an address is ascertainable, and after having received written approval from City, Collector may remove company's Containers immediately, mailing a notice if address is known as to where the Container may be retrieved and impound and storage costs. If address is unknown, Collector shall place the notice as close as feasible to where the Container was located. SECTION 2: This Ordinance shall apply to all Franchise Agreements in effect on the effective date of this Ordinance. SECTION 3: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 4: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Diamond Bar's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 5: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. PASSED, APPROVED, AND ADOPTED this 2" a day of November, 2010. Mayor 31 I, Tommye Cribbins, the City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar, California, held on the 19th day of October, 2010, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the 2nd day of November, 2010, by the following vote: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: TommyJ Cribbins, City Clerk City of Diamond Bar 32