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HomeMy WebLinkAboutHauling Program Description.docx City of Diamond Bar SB 1383 Description of Permitted Hauling Activity Section 8-16 of the City Code has empowered the City to make or impose requirements in connection with the issuance of any Franchises (Division 2), Limited Collection Permit (Division 4), Contractor Self-Haul Permit (Division 6) or generally for any future license, permit, or contract for solid waste collection as last amended by Ordinance 04-2021. The City currently employs a residential exclusive franchise and a commercial exclusive franchise for all recurring services trash, and most recycling services. The City is moving towards issuing a single exclusive franchise. General franchise requirements and City administration are established in Division 2, Sections 8.16.030 through 8.16.140 of the City Code. In addition, requirements upon all collections of solid waste (including those by franchised haulers) as established in Division 3, Sections 8.16.150 through 8.16.450. All these City Code Sections were amended by Ordinance 04-2021 to mandate collection activities, types of containers, use of facilities, record-keeping and reporting standards established by SB 1383. In addition, the franchise agreements (2) for recurring residential and recurring commercial services were amended to specifically delegate certain SB 1383 requirements for education and contamination monitoring, not conducted by the City. In general, franchised haulers must: Guarantee capacity for all waste collected at solid waste facilities to the extent required by state law and/or agreement terms. Solid waste facilities used must be regulated by the state and only receive, process, transfer, treat or otherwise handle waste under the terms established by their permits and/or other state and local regulations. Provide technical, instructional, promotional, and educational programs to reasonably familiarize customers with current state laws and regulations, including AB 939, AB 341, AB 1826, AB 827, SB 1383, and any other laws or regulations that are incorporated into the agreement. Provide all collection programs, containers, and related service provision methodologies that conform and comply with all state regulations specifically referenced and established in the City Code and agreement terms. Seasonal and Special Waste Collections. Limited Collection Permits Section 8.16.460 establishes that no person, other than a franchisee, permitted self-hauler or commercial recycler, shall collection solid waste without first being issued a limited collection permit. The Public Works Director is authorized to promulgate administration policies and procedures for issuing such permits. Section 8.16.530 establishes that limited collection permits will not be provided for solid waste collection services provided for in franchise agreements and that no limited collection permittee shall collect a fee for recyclable material collection services provided to residential premises. Limited collection permittees must meet all enumerated provisions of Chapter 8.16, as listed in Section 8.16.540, including city inspection authority (8.16.220) and resource recovery requirements (8.16.440). Contractor Self-Haul Permits Section 8.16.470 authorizes construction/demolition contractors to apply for an obtain a contractor self-haul permit if: They are willing and able to comply with the City Code, applicable law, and all requirements of their permit; They have demonstrated the ability to remove and transport the required construction/demolition waste to the appropriate recycling and waste disposal facilities; and Present evidence satisfactory to the public works director that the applicant, or a duly licensed construction company contracted with the applicant, will be performing the hauling work with its own equipment and will not contract with another entity or person to perform the service. A deposit of not less than $250 and not to exceed $5,000, must be given to the City as part of that permittees application for a building, grading, or demolition permit. The level of deposit is based upon estimated tons of construction/demolition waste ($50 per-ton) for that project. A full refund is given if proof that 75% of construction/demolition waste has been diverted. If less than 75% is diverted, a partial refund may be issued, using a formula developed by the City manager OR the deposit is forfeited entirely. A deposit can also be forfeited for failure to comply with any requirement of Division 6. Current Exclusions Division 5 of the City Code provides the following exclusions to franchised or permitted services: Residential backyard composting. Self-haul by residential and commercial property owners/managers, provided they obtain a self-haul permit (does not apply to construction/demolition waste). A condition of this permit is compliance with Section 8.16.600 of the City Code. Gardener’s exclusion from franchise of limited collection permit requirements for the occasional removal of green waste as a result of significant tree trimming, gardening landscaping activities generating waste beyond that which can be placed in a container, provided these self-haulers comply with Section 8.16.200 of the City Code. Sec. 8.16.600. - Organic waste self-hauler requirements. Source separate all recyclable materials and organic waste (materials that city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3. Haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility. Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information: Delivery receipts and weight tickets from the entity accepting the waste. The amount of material in cubic yards or tons transported by the generator to each entity. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste. The City is currently reviewing self-haul and third-party activity to determine additional permits or permit requirements are needed.