HomeMy WebLinkAbout490NO. 490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE REPEALING, IN ITS ENTIRETY,
CHAPTER 8.20 OF TITLE 8 OF THE IRWINDALE
MUNICIPAL CODE AS HERETOFORE ADOPTED AND
ADOPTING A NEW CHAPTER 8.20 ENTITLED "SOLID
WASTE COLLECTION AND SALVAGE OF RECYCLABLE
MATERIALS".
The City Council of the City of Irwindale does ordain
as follows:
Section 1.
Chapter 8.20 of Title 8 of the Irwindale Municipal Code
as heretofore adopted by this City Council hereby is repealed, in
its entirety, provided that said repeal shall not apply to or
(, excuse any violation thereof occurring prior to the effective
date of this ordinance.
Section 2.
A new Chapter 8.20 hereby is added to Title 8 of the
Irwindale Municipal Code, to read, in words and figures, as
follows:
"Solid Waste Collection
and Salvage of Recyclable Materials.
"Section
8.20.010
Legislative Policy.
Section
8.20.020
Definitions.
Section
8.20.030
Authority of City Council to
Issue Permits for Salvage and Solid
Waste Collection.
Section
8.20.040
Permits for Solid Waste Collection
and Establishment of Collection
Fees.
Section
8.20.050
Permits for Salvage.
Section
8.20.060
Unlawful Collection or Salvage.
Section
8.20.070
Permittee may be Granted Exclusive
Rights --Exception.
Section
8.20.080
Collection in Emergencies.
Section
8.20.090
Hours of Collection.
1
Section
8.20.100
Solid Waste and Recyclable Material
Collection --Spillage.
Section
8.20.110
Solid Waste and/or Recyclable
Material Receptacles.
Section
8.20.120
Placement of Receptacles for
Collection.
Section
8.20.130
Time and Date of Placement of
Receptacles.
Section
8.20.140
Solid Waste Removal.
Section
8.20.150
Refuse Disposal.
Section
8.20.160
Special Provisions Regarding Method
of Disposal.
Section
8.20.170
Burning, Burial or Dumping.
Section
8.20.180
Disposition of Recyclable
Material/Green Waste.
Section
8.20.190
Use of Trucks.
Section
8.20.200
No Parking of Trucks on and City
Street.
Section
8.20.210
Trucks --Equipment Required.
Section
8.20.220
Specifications and Restrictions
on Collection Trucks.
Section
8.20.230
Truck Inspection.
Section
8.20.240
Permittee's Local Telephone
Number.
Section
8.20.250
Permittee's Employees.
Section
8.20.260
Permit for Solid Waste Operations
--Prerequisites.
Section
8.20.270
Permit for Salvage Operations
--Prerequisites.
Section
8.20.280
Permit Provisions.
Section
8.20.290
Charges for Service.
Section
8.20.300
Recyclable Material/Green Waste
Collection Program.
Section
8.20.310
Recyclable Material and Green
Waste Collection Services --Minimum
Standards.
Section
8.20.320
Refuse Collector Reports.
Section
8.20.330
Adverse Information.
Section
8.20.340
Failure to Report.
Section
8.20.350
Salvage Reports.
Section
8.20.360
Right of Provision Modification.
Section
8.20.370
Right to Grant Franchise.
Section
8.20.380
Penalty for Violation of Chapter.
Section
8.20.390
Civil Remedies Available.
Section
8.20.400
Severability.
"Section 8.20.010. 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, as well as
recyclable 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, vector
breeding and infestation and other problems affecting
the health, welfare and safety of the residents of
Irwindale and surrounding cities. The City Council
further declares that regulations provided in this
Chapter are designed to eliminate or alleviate such
problems.
"Further, the Legislature of the State of
California has enacted the California Integrated Waste
Management Act of 1989 (Division 30 of the California
Public Resources Code, § 40000, et seq.) (the "Act"
hereinafter) which evidences the substantial public
health, safety and welfare needs of the citizens of the
State with regard to the appropriate utilization of the
resources of the State and directs the cities thereof to
embark upon aggressive solutions to the generation of
solid waste and the disposal thereof. The Act declares
that the responsibility for solid waste management is a
shared responsibility of both the State and local
governments and establishes goals and objectives for the
management of solid waste, including substantial
01
penalties for failure by local government to effectively
manage the solid waste generated within the community by
means of source reduction and recovery programs,
including recycling activities. Pursuant to the Act,
this City has adopted its Source Recovery and Recycling
Element and this Chapter is intended to assist in the
implementation thereof.
"Section 8.20.020. Definitions. For the purpose
of this Chapter, the following words and phrases are
defined and shall be construed as hereinafter set forth,
unless it is apparent from the context that a different
meaning was intended:
eo"11 "A. `Animal Waste' means manure, fertilizer, or
any form of solid excrement produced by any and all
forms of domestic animals or commercial livestock.
"B. `City' means the City of Irwindale.
"C. `City Clerk' means the City Clerk of the City
of Irwindale.
"D. `City Manager' means the City Manager of the
City of Irwindale or his or her designee.
"E. `Composting' means the controlled biological
decomposition of organic wastes that are source
separated from the solid waste stream.
"F. `Composting Center, Station or Facility' is a
facility whose principal function is to receive and to
process green waste through composting.
4
"G. `Council' means the City Council of the City
of Irwindale.
"H. `Commercial Premises' means buildings,
structures and areas used principally for business,
commercial or industrial purposes, and including the
following: hotels, motels, apartment buildings
containing more than four apartments, condominium
buildings containing more than four condominiums, and
including all other places that are not defined as
residential units in this Section.
"I. `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 or hazardous waste).
"J. `Green waste' means vegetative cuttings,
shrubs, stumps, brush, tree trimmings, grasses and
related materials which have been separated from other
solid waste. Green waste does not include stumps or
branches with a diameter exceeding 10 inches or a length
exceeding four (4) feet.
"K. `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 seq., or the Comprehensive Environmental
5
Response, Compensation and Liability Act ("CERCLA"), 42
U.S.C. § 9601, et seq., and all future amendments to
either of them, or as defined by the California
Environmental Protection Agency, 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.
"L. `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.
"M. `Permit' means written authority granted by
the City to any person to collect and transport solid
waste and/or recyclable material as evidenced by
contract, franchise, certificate or other writing issued
pursuant to this Chapter.
'N. `Permittee' means any person authorized by the
City Council to collect, transport and dispose of solid
waste and/or recyclable material within the City
pursuant to this Chapter.
"o. `Person' means any individual, firm,
corporation, association, or group or combination acting
as a unit.
Mq
t
I�
"P. `Recyclable material' means a material which
can be reused or processed into a form suitable for
reuse through reprocessing or remanufacture, consistent
with the requirements of the Act, and includes 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 a permittee
pursuant to this Agreement.
"Q. `Recycling' means the process of collecting,
sorting, cleansing, treating, and reconstituting
materials that would otherwise become solid waste, and
returning them to the economic mainstream in the form of
raw materials for new, reused, or reconstituted products
which meet the quality standards necessary to be used in
the marketplace. Recycling does not include
transformation as defined as the incineration,
pyrolysis, distillation, gasification, or biological
conversion other than composting.
"R. `Recycling center, station or facility' is a
facility whose principal function is to receive, store,
convert, separate, or transfer recyclable materials for
processing.
7
(ro"',
"S. `Refuse' means and includes any and all types
of rubbish, trash, garbage or other waste material
referred to in this Chapter.
'T. `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 in the City.
"U. `Residential Unit' means each place used for
residential purposes, including the following but not
restricted to: Single-family dwellings, multifamily
dwellings, apartments and/or condominiums containing
four units or less, town houses, mobile home parks, and
f trailer courts, whether or not utilizing dumpster-type
bins, and not including: Hospitals, convalescent homes,
hotels and motels.
"V. `Rubbish' means and includes, but is not
restricted to, all nonbiodegradable waste, or debris
such as paper, cardboard, grass, tree or shrub
trimmings, rugs, straw, clothing, wood or wood products,
crockery, glass, rubber, metal, plastic, construction
waste and debris and other similar materials.
"W. `Rubbish Disposal Operator' is synonymous with
refuse collector.
"X. `Salvage' means to obtain, either for
compensation or other consideration, directly from the
transferor thereof, any recyclable material prior to the
8
placement of the same in the solid waste stream or the
disposal or discarding thereof whether by collecting, or
causing to be collected, the same from the transferor
thereof or by the transferor thereof transporting the
same to the salvager.
"Y. `Salvager' means and includes any person
engaged in salvaging recyclable material prior to the
disposal or discarding of the same in the solid waste
stream and includes the person generating the recyclable
material if done by such person's own employees or any
subsidiary thereof. `Salvager' does not include a
non-profit entity including, but not limited to,
churches, schools, community organizations or groups
obtaining recyclable materials for purposes such as, but
not limited to, fund raising activities, rehabilitation
and training programs.
"z. `Scavenge' means and includes the extraction,
segregation, removal or development of articles or
material of value, including recyclable material, from
solid waste.
"AA. `Solid waste' means all putrescible and
non-putrescible solid, semisolid and liquid wastes
including garbage, trash, refuse, paper, rubbish, ashes,
demolition and construction debris, industrial wastes,
abandoned vehicles and parts thereof, discarded home and
industrial appliances, manure, vegetable or animal solid
6
F"'
and semisolid wastes and other solid and semisolid
wastes and recyclable materials discarded or placed for
disposal in bins, containers or at curbside for
collection, whether segregated by type or co -mingled.
`Solid waste' does not include hazardous waste as
defined herein.
"BB. `Streets' means the public streets, ways and
alleys, except state freeways, as the same now or may
hereafter exist within the City.
"CC. `Transferor' means and includes any person
generating recyclable material who, for compensation or
other consideration, donates, sells or otherwise conveys
r►, or transfers title thereto and possession thereof to a
W
salvager and does not discard the same as solid waste.
`Transferor' does not include a resident who conveys or
transfers residential recyclable material, whether for
consideration or as a donation, to a salvager or any
non-profit entity including, but not limited to,
churches, schools, community organizations or groups.
"DD. `Trash' means and includes, but is not
restricted to, every accumulation of animal, vegetable
or other material:
11(1) Resulting from the preparation and
consumption of edible foodstuffs; or
i[a
r�l
11(2) Resulting from decay, dealing in or
storage of meats, fish, fowl, fruits or vegetables,
including the cans, containers or wrappers wasted along
with such materials; or
11(3) Such industrial, domestic and organic
refuse or residue of animals sold for meat; or
11(4) Fruit, vegetable and animal matter from
kitchens, dining rooms, markets, food establishments or
any other place using, dealing in or handling meats,
fish, fowl, fruits, vegetables or grains; or
11(5) Offal, animal waste, or the carcasses of
animals, fish or fowl; or
11(6) Nonrecyclable glass, paper or metal
products.
"EE. `Truck' means any truck, trailer, semitrailer,
conveyance or vehicle used or intended to be used for
the purpose of collecting solid waste and/or recyclable
material or to haul or transport solid waste and/or
recyclable material.
"Section 8.20.030. Authority of City Council to
Issue Permits for Salvage and Solid Waste Collection.
Pursuant to § 40059 of the California Public Resources
Code, as the same may be amended from time to time, or
any successor provision or provisions thereto, and the
police power, pursuant to Article 11, § 7 of the
California Constitution, the City shall have the
11
authority to issue permits, including exclusive permits
or franchises, for the collection, transportation and
disposal of refuse, trash, rubbish and other forms of
solid waste and recyclable materials, as provided for in
this Chapter, and may, as a condition for issuing such
permits, require a bond from the permittee in an amount
determined by the City Council to insure the faithful
performance of such collection, transportation and
disposal in accordance with this Chapter and the terms
and conditions imposed by the City Council. In the
event that any permittee shall fail or refuse to conform
to the conditions of the permit or this Chapter, or any
lr+., regulations promulgated hereunder, the Council, at its
option and after a hearing called upon at least ten (10)
days prior written notice to the permittee, may revoke
such permit. In issuing permits for solid waste
collection, transportation and disposal, the City shall
not be required to issue the same based upon the offer
of lowest rates, but shall be free to issue such permits
to the person deemed best suited to comply with the
terms of this Chapter and such other terms and
conditions imposed by the City Council.
"Section 8.20.040. Permits for Solid Waste
Collection and Establishment of Collection Fees. The
City Council determines that the collection,
�*transportation and disposal of solid waste is a service
12
to be performed in the City in accordance with the
provisions of this Chapter. The City may from time to
time issue permits to those parties meeting the criteria
of this Chapter and such other standards as may be
established by resolution of the City Council regarding
the collection, transportation and disposal of refuse,
rubbish and other forms of solid waste from residential
and commercial units. So long as any such permit
remains in force, collection, transportation and
disposal of such material provided for therein may be
made only in accordance with the terms and conditions
thereof and this Chapter. Fees and charges for such
collection, removal and disposal services shall be those
which the City Council may from time to time hereafter
approve by resolution and shall in lieu of any business
license tax imposed generally by City. No person shall
engage in the business of collecting, removing or
disposing of any refuse, trash, rubbish or other solid
waste, including hazardous waste or infectious medical
waste, within the City from any residential unit or
commercial premises, nor transport the same over any
public streets 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 Chapter and
any other regulations which have been adopted pursuant
to"` to this Chapter.
13
"Section 8.20.050. Permits for Salvage. The City
Council determines that the collection, transportation
and disposal of recyclable material obtained by salvage
thereof is an activity to be performed in the City in
accordance with the provisions of this Chapter. The
City shall issue, from time to time, permits to those
persons engaged in the salvage of recyclable material
meeting the criteria of this Chapter and such other
standards as may be established by resolution of the
City Council regarding salvage and salvagers. So long
as any such permit remains in force, salvage of
recyclable material shall be made only in accordance
with the terms and conditions thereof and this Chapter.
Fees charged to salvagers for compliance reporting
pursuant to the Act and City's Source Reduction and
Recycling Element shall be established by resolution of
the City Council. Business license taxes shall be as
set forth in the City's Business License Ordinance and
shall be in addition to any other fees and charges
imposed by the City hereunder. No person shall engage
in the business of salvaging recyclable material within
the City from any residential unit or commercial
premises, nor transport the same over any public streets
or rights-of-way, unless a permit to do so has first
been obtained from the City and such person complies
14
with the provisions of this Chapter and any other
regulations which have been adopted pursuant to this
Chapter.
"Section 8.20.060. Unlawful Collection or Salvaae.
No person shall collect or transport solid waste,
recyclable material, or hazardous waste within the City
unless such person is a permittee, as defined in this
Chapter, or is exempt in accordance with subsections A
through D of this Section. No person shall permit,
allow or enter into any agreement whatsoever for the
collection or transportation of solid waste, recyclable
material or hazardous waste from any residential unit or
commercial premises with any person who is not a
permittee as herein defined, except as permitted in
subsections A through D of this Section.
"A. The collection and removal of grass
clippings and shrubbery by individual residents,
business owners and by individuals doing business as
professional landscapers, when the collection is
directly related to their work, shall be exempt from the
permit system.
"B. A permittee shall not be required to
collect hazardous waste as part of its regular
collection activity. Liquid and dry caustics, acids,
biohazardous, flammable, explosive materials,
insecticides, and similar substances shall not be
15
deposited in collection containers. Any person
collecting such substances shall, in addition to any
requirements of State or federal law, obtain a permit
therefor pursuant to the provisions of this Chapter.
"C. Infectious medical waste (as defined in
California Health and Safety Code § 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 Chapter in
addition to any requirements imposed by State law.
"D. 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 8.20.040 of this Chapter.
"Section 8.20.070. Permittee May Be Granted
Exclusive Rights --Exception. Excepting existing rights
that the City reserves to itself, or as otherwise
provided in this Chapter, 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, may be
M
granted the exclusive right to gather, collect and
remove solid waste from premises within the City,
subject to such terms and conditions as the Council may
apply to the issuance of such permit.
"Section 8.20.080. Collection in Emergencies. In
emergencies, such as the breakdown of equipment, or
other unforeseen or unpreventable circumstances, where
in the judgment of the City Manager the particular
situation justifies such action, the City Manager may
issue limited or temporary permits to private persons or
corporations to perform any of the services regulated by
this Chapter, subject to such reasonable fees, charges
and conditions as the circumstances may warrant and as
the parties involved may agree upon; provided that such
fees and charges received from or paid to any private
persons or corporations under this Section for any
period exceeding twenty (20) days duration shall be
approved by the City Council.
"Section 8.20.090. Hours of Collection. All solid
waste collections or salvage from residential areas and
areas immediately adjacent to residential areas shall be
made between the hours of 7:00 a.m. and 7:00 p.m.,
collections from commercial and industrial locations may
start at 6:00 a.m.; provided, however, that the peace
and quiet of residential neighborhoods is not disrupted.
("'\ The City Manager may require a permittee to change hours
17
of operation in commercial and industrial areas if
disruption of residential neighborhoods occurs. In the
event that more than one (1) refuse collector and/or
salvager is permitted to operate in the City, whether by
area or premises, the City Manager may, in his or her
discretion, require that all refuse collection and
salvage activities take place on the same day of the
week in the specified area in order to minimize the
number of trucks in any given area.
"Section 8.20.100. Solid Waste and Recyclable
Material Collection --Spillage. Permittees shall
exercise all reasonable care and diligence in collecting
refuse so as to prevent spilling, scattering or dropping
solid waste and recyclable material, and shall
immediately, at the time of occurrence, clean up any
such spillage.
"Section 8.20.110. Solid Waste and/or Recyclable
Material Receptacles.
"A. It shall be the duty of every tenant,
lessee or occupant of any residential unit or commercial
premises, the keeper of every apartment house and of
every other person having solid waste and/or recyclable
material, to provide without expense to the City and at
all times, except on collection day, to keep within the
building, or other approved location, in which any of
the same may be situated, sufficient plastic or paper
18
bags specifically designed for the containment of solid
waste and/or recyclable material, or watertight metal or
plastic receptacles, except as hereinafter provided,
each of which shall have suitable bales or handles and a
tight -fitting cover which shall prevent leakage or
escape of odors, and which, cumulatively when filled
within four (4) inches of the top shall contain all
solid waste and/or recyclable material which would
ordinarily accumulate on such premises between
collections. The exterior of such receptacles,
including covers, shall be kept clean from accumulated
grease or decomposing materials. Except when placed in
�+ accordance with Section 8.20.120 hereof for collection
purposes, such receptacles shall be kept and maintained
only in storage locations permitted by the Irwindale
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.
"B. Grass clippings, leaves and other yard work
debris, other than branches or tree limbs, may be either
deposited in metal or plastic receptacles, 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.
19
"C. Branches, tree limbs or other similar debris
shall be tied with sturdy twine, rope or wire, in
bundles not exceeding four (4) feet in length nor
eighteen (18) inches in diameter.
"D. Newspapers and magazines may be either
deposited in metal or plastic receptacles, as above
mentioned, or tied with sturdy twine, rope or wire, in
bundles not exceeding fifty (50) pounds in weight.
"E. Extra or unwanted cardboard boxes shall be
flattened and tied in bundles not exceeding four (4)
feet in length nor fifty (50) pounds in weight.
"F. Any receptacle designed to be emptied by hand
shall have a capacity of not less than fifteen (15)
gallons nor more than forty-five (45) gallons, and shall
not exceed fifty (50) pounds in weight when loaded,
adequate to contain the amount of garbage and
combustible rubbish normally accumulating during the
interval between collections thereof. Each such
receptacle employed solely for the accumulation of
commercial garbage shall have a capacity not in excess
of thirty-five (35) gallons. Each such receptacle shall
be of durable metal or plastic construction, water
tight, the top diameter of the container opening in no
case shall be less than the diameter of the container
below the top and which receptacle shall be equipped
with handles and a tight -fitting metal or plastic cover.
20
0
The use of oil drums of fifty (50) gallon capacity or
more is specifically prohibited. Cardboard containers
shall be removed as refuse.
"Section 8.20.120. Placement of Receptacles for
Collection. It shall be the duty of every person having
charge and control of any residential unit or commercial
premises to set out or place containers for the
collection of refuse, rubbish, miscellaneous debris and
combined rubbish and/or other solid waste, as follows:
"Any container or receptacle for the purpose of
reception and removal of refuse shall be placed at the
curb in front of the dwelling, or the alley in the rear
r",� of each dwelling; except where alleys, having access to
streets at each end, exist in the rear of commercial
premises, 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 receptacles when such placement will
expedite collection, as approved by the City Manager.
"Section 8.20.130. Time and Date Qf Placement of
Receptacles.
"A. No person shall place, or cause to be
placed, any refuse or container or receptacle for
refuse, 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
21
collection of such refuse on the particular route
involved, earlier than sunset of the day preceding the
day designated for collection, and all containers and
receptacles shall be removed from the place of
collection prior to 10:00 p.m. of the day the containers
and receptacles have been emptied.
"B. Each owner, occupant, tenant or lessee of
a residential unit or commercial premises shall maintain
the same in a sanitary condition. If the containers or
receptacles should not be emptied and the contents
removed on the date and time scheduled by the permittee,
such person shall immediately notify the permittee or
(010,,
the City,
and it
shall
be
the duty of
the permittee to
forthwith
arrange
for
the
collection
and disposal
l"N
thereof.
"C. Refuse, trash, rubbish, salvage and other
solid waste 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.
22
I'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 refuse container or the contents
thereof, or remove the contents of any container, or
remove any container from the location where the same
shall have been placed by the owner thereof or owner's
agent.
"Section 8.20.140. Solid Waste Removal. Pursuant
to the requirements of § 17331(H) of Article 5 of
Chapter 3 of Division 7 of Title 14 of the California
eo+, Administrative Code, all solid waste and recyclable
material created, produced or accumulated in or about a
residential unit or commercial premises 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
solid waste and recyclable material at least as often as
prescribed in this Section.
"Section 8.20.150. Refuse Disposal. The permittee
shall dispose of collected wastes, at permittee's
expense, at a City -directed landfill or transfer station
approved by City in a manner satisfactory to the City
and in accordance with all federal, state and local laws
and regulations.
23
"Section 8.20.160. Special Provisions Regarding
Method of Disposal.
"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 receptacles nor
left for regular collection and disposal.
"B. Highly flammable or explosive or
radioactive refuse shall not be placed in containers or
receptacles 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.
"C. Refuse or other solid waste containing
water or other liquids shall be drained before being
placed in a container or receptacle. Matter which is
subject to decomposition shall be wrapped in paper or
other material before being placed in a container or
receptacle.
"D. No battery acid, poisonous, caustic or
toxic material or any other substance capable of
damaging clothing or causing injury to the person shall
be mixed or placed with any rubbish, solid waste or
24
other refuse which is to be
collected,
removed or
e",
disposed of by a permittee.
Such items
shall be removed
24
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 Chapter,
shall not be placed in containers or receptacles for
regular collection and disposal, but shall be removed at
the occupant's expense.
"Section 8.20.170. Burning, Burial or Dumping. No
person shall burn, bury or dump refuse within the City
at any time, unless a special permit for such burning,
burial or dumping has been issued pursuant to authority
conferred by the Council and the Fire Department.
"Section 8.20.180. Disposition of Recyclable
e"'+ Material/Green Waste. Refuse collectors and salvagers
shall sell, give, donate or otherwise transfer
recyclable material scavenged or salvaged to a recycling
center, station or facility and upon institution of a
green waste program pursuant to this Chapter, all green
waste shall be sold, given, donated or otherwise
transferred to a composting center, station or facility
or to a landfill authorized and permitted to accept
green waste as and for refuse cover. In no event shall
the refuse collector or salvager dispose of recyclable
material scavenged or salvaged, or green waste upon
institution of a green waste program, in a landfill or
solid waste collection facility except upon written
r" approval of the City Manager.
25
r"_
"Section 8.20.190. Use of Trucks. Any person who
desires to operate privately owned vehicles for
transportation of solid waste, medical waste, hazardous
waste and/or recyclable material under provisions of
this Chapter shall utilize vehicles which are reasonably
watertight and are provided with a tight cover to the
reasonable satisfaction of the City Manager. 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 material to be blown,
dropped or spilled therefrom.
"Section 8.20.200. No Parking of Trucks on any
�^^ City Street.
"A. No person, between the hours of 8:00 p.m.
and 5:00 a.m., shall leave a truck utilized pursuant to
Section 8.20.190 hereof parked on any City street.
"B. No person, between the hours of 5:00 a.m.
and 8:00 p.m., shall leave a truck utilized pursuant to
Section 8.20.190 hereof parked on any City street for
more than one (1) hour unless the City Manager is
notified that a breakdown or emergency exists.
"Section 8.20.210. Trucks --Equipment Required.
Each truck of a permittee shall at all times have in the
cab thereof the registration of the truck, a copy of the
permit, a certificate of insurance, and an
identification card with the name of a person to
PRE
telephone in case of an accident or emergency. Each
truck shall also be equipped with a five (5) pound fire
extinguisher certified by the California State Fire
Marshal and recharged as needed, but not less than once
annually.
"Section 8.20.220. Specifications and Restrictions
on Solid waste Collection and Salvage Trucks. All
trucks used for solid waste collection or salvage within
the City shall be required:
"A. To be completely enclosed with a
nonabsorbent cover while transporting solid waste or
recyclable materials in or through the City.
(*, 'Completely enclosed with a nonabsorbent cover' means
that refuse, trash or rubbish shall not be visible from
the street, nor shall any of the substances be permitted
to leak, spill or become deposited along the public
streets;
"B. All trucks used in the course of solid
waste collection shall be painted colors approved by the
City Manager and identified by truck numerals, a company
logo, and local telephone number and shall be kept clean
and in good repair at all times.
"C. All trucks shall be maintained in good
and safe mechanical condition.
27
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"Section 8.20.230. Truck Inspection.
"A. Each of the permittee's trucks shall be
made available for inspection at the discretion of the
City Manager at any point of operation.
"B. A decal may be issued by the City for
each truck complying with provisions of this Chapter
which shall be placed on the truck in a conspicuous
place.
"Section 8.20.240. 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 normal working days,
and at all other times with some type of mechanism for
the purpose of taking messages.
"Section 8.20.250. Permittee's Employees. Each
permittee must provide high-quality service to industry
standards and supply competent, qualified, identifiable
and uniformed personnel who serve the residents and
businesses of Irwindale 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.
28
"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 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 solid waste collection and/or salvage service
within the City.
"Section 8.20.260. Permit for Solid Waste
Operations--Prereouisites.
"A. Procedure and required information for
solid waste collection. The applicant shall file a
letter with the City Manager, executed under penalty of
perjury of the laws of the State of California,
containing the following information:
applicant;
11(1) Name and description of the
11(2) Permanent business address and
address of local office of the applicant;
11(3) Trade and firm name;
29
11(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;
11(5) Facts indicating that the applicant
has arranged for solid waste disposal in an area where
the same may be legally accepted and disposed of as
directed by the City;
11(6) Desired collection area to be
served and type of service to be provided;
11(7) Facts indicating that applicant is
qualified to render efficient refuse collection service;
f"1
11(8) Facts indicating that trucks and
equipment conform to all applicable provisions of this
Chapter;
"(9) Satisfactory evidence that
applicant is in existence as a going concern and that
the principals thereof possess not less than two (2)
years actual operating experience in residential and/or
commercial refuse collection and disposal;
"(10) Satisfactory evidence that
applicant'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 applicant; details shall include length of other
r"1 contracts, name and size of municipality, nature of
30
rte,
service provided, and the name of the contact person at
the municipality being served;
11(11) Evidence that applicant 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 applicant is licensed to do
business in the State of California;
11(12) A detailed inventory of the
applicant's equipment available for use in refuse
collection area;
11(13) A written statement that applicant
has complied, or is capable of complying, with all
regulations imposed by the City, the County of Los
Angeles and the State of California for the collection
and disposal of solid waste.
"(14) Facts indicating that the
applicant owns or has under his or her control, in good
mechanical condition, sufficient equipment to conduct
the business of refuse collection adequately if granted
a permit, and that applicant owns or has access to
suitable facilities for maintaining his or her 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
31
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. Fees and Requirements for Permit.
"(1) Upon consideration of the
information supplied by the applicant contained in the
above-mentioned letter and following a public hearing
+ conducted by the City Council upon at least ten (10)
days prior written notice to the applicant, the City
Council may issue a permit.
"(2) Each permit granted shall apply to
refuse collection for an area of the City specified
therein or, in the case of hazardous waste or infectious
medical waste operations, specified commercial premises,
and may be exclusive.
"(3) A fee for processing permit
applications shall be set by resolution of the City
Council, with review on an annual basis.
INC. Bonding of Permittee. Before granting a
refuse collector permit under the provisions of this
Chapter, the Council shall require the permittee as a
32
h
condition of the permit, to post with the City Clerk a
cash bond or surety bond in an amount determined by the
Council and furnished by a corporate surety authorized
to do business in the State of California, payable to
the City. The bond shall be conditioned upon the full
and faithful performance by the permittee of obligations
under the applicable provisions of this Chapter and
shall be kept in full force and effect by the permittee
throughout the life of the permit and all renewals
thereof.
"D. Indemnification by Permittee.
(1) Indemnification of City. Permittee
("11 agrees that it shall protect, defend with counsel
approved by City, indemnify and hold harmless City, its
elected officials, officers, employees and agents from
and against any and all losses, liabilities, fines,
penalties, claims, damages, liabilities or judgments,
including attorneys fees, arising out of or resulting in
any way from Permittee's exercise of its
responsibilities under this Chapter, unless such claim
is due to the sole negligence or willful acts of the
City, its officers, employees, agents or contractors, or
from the City's grant of a Permit to Permittee. Subject
to the scope of this indemnification and upon demand of
the City, made by and through the City Attorney, the
Permittee shall appear in and defend the City and its
33
officers, employees and agents in any claims or actions,
whether judicial, administrative or otherwise arising
out of the exercise of this Chapter.
(2) Hazardous Substances
Indemnification. Permittee shall indemnify, defend with
counsel approved by City, protect and hold harmless
City, its elected officials, officers, employees,
agents, assigns and any successor or successors to
City's interest from and against all claims, actual
damages (including but not limited to special and
consequential damages), natural resources damage,
punitive damages, injuries, costs, response remediation
(011 and removal costs, losses, demands, debts, liens,
liabilities, causes of action, suits, legal or
administrative proceedings, interest, fines, charges,
penalties and expenses (including but not limited to
attorneys and expert witness fees and costs incurred in
connection with defending against any of the foregoing
or in enforcing this indemnity) of any kind whatsoever
paid, incurred or suffered by, or asserted against, City
or its officers, employees, agents or Permittees arising
from or attributable to any repair, cleanup or
detoxification, or preparation and implementation of any
removal, remedial, response, closure or other plan
34
(regardless of whether
undertaken
due to governmental
action) concerning any
hazardous
substance or hazardous
34
waste at any place where Permittee stores or disposes of
municipal solid waste pursuant to this Chapter. The
foregoing indemnity is intended to operate as an
agreement pursuant to § 107(e) of the Comprehensive
Environmental Response, Compensation and Liability Act,
"CERCLA", 42 U.S.C. § 9607(e) and California Health and
Safety Code § 25364, to insure, protect, hold harmless
and indemnify City from liability.
"E. Liability Insurance. The permittee shall
obtain, and keep in force during the term of the permit,
public liability and bodily injury insurance in amounts
determined by the City Council, and workers'
compensation insurance covering all employees of the
permittee. Copies of such policies, or certificates
evidencing such policies, shall be filed with the City
Clerk prior to the commencement of activities authorized
by the permit. The City and its officers, elected
officials, employees and agents shall be named as
additional insureds on all such policies. All such
policies shall contain at a minimum a provision
requiring a thirty (30) day notice 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.
35
"F. Compliance with Federal, State and Local
Laws and Regulations. The permittee shall agree to
perform under 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, State of California and the
United States, and shall obtain and keep in force all
required permits and business licenses throughout the
life of the permit and all renewals thereof.
r""'+ "Section 8.20.270. Permit for Salvage
Operations --Prerequisites.
"A. Procedure and required information for
salvage operations. The applicant shall file a letter
with the City Manager, executed under penalty of perjury
of the laws of the State of California, containing the
following information:
applicant;
11(1) Name and description of the
11(2) Permanent business address and
address of local office of the applicant;
"(3) Trade and firm name;
36
E
w
11(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;
11(5) Facts indicating that the applicant
has arranged for disposition of recyclable materials as
required by this Chapter;
11(6) Desired collection area to be
served and type of service to be provided;
11(7) Facts indicating that applicant is
qualified to render efficient refuse collection service;
"(8) Facts indicating that trucks and
t'1 equipment conform to all applicable provisions of this
Chapter;
11(9) Satisfactory evidence that
applicant is in existence as a going concern and that
the principals thereof possess not less than two (2)
years actual operating experience in salvage operations;
"(10) Satisfactory evidence that
applicant's experience as a going concern in salvage
operations derives from operations of comparable size to
that contemplated by the applicant; 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;
37
ki
"(11) Evidence that applicant 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 applicant is licensed to do
business in the State of California;
11(12) A detailed inventory of the
applicant's equipment available for salvage operations;
11(13) A written statement that applicant
has complied, or is capable of complying, with all
regulations imposed by the City, the County of Los
Angeles and the State of California for salvage
operations;
11(14) Facts indicating that the
applicant owns or has under his or her control, in good
mechanical condition, sufficient equipment to conduct
the business of salvage adequately if granted a permit,
and that applicant owns or has access to suitable
facilities for maintaining his or her equipment in a
clean and sanitary condition.
"(15) Such other pertinent facts or
information as the City Manager may require, including
evidence of State certification, if applicable.
"(16) Any of the above provisions in
conflict with certification requirements imposed by
State law shall not be required.
38
r"l
"B. Fees and Requirements for Permit.
11(1) Upon consideration of the
information supplied by the applicant contained in the
above-mentioned letter, and verification thereof, the
City Manager shall issue a permit.
11(2) Each permit granted shall apply to
salvage for an area of the City specified therein.
11(3) A fee for processing permit
applications shall be set by resolution of the City
Council, with review on an annual basis.
"C. Indemnification by Permittee.
Indemnification of City. Permittee
e"* agrees that it shall protect, defend with counsel
approved by City, indemnify and hold harmless City, its
elected officials, officers, employees and agents from
and against any and all losses, liabilities, fines,
penalties, claims, damages, liabilities or judgments,
including attorneys fees, arising out of or resulting in
any way from Permittee's exercise of its
responsibilities under this Chapter, unless such claim
is due to the sole negligence or willful acts of the
City, its officers, employees, agents or contractors, or
from the City's grant of a Permit to Permittee. Subject
to the scope of this indemnification and upon demand of
the City, made by and through the City Attorney, the
Permittee shall appear in and defend the City and its
39
officers, employees and agents in any claims or actions,
whether judicial, administrative or otherwise arising
out of the exercise of this Chapter.
"D. Compliance with Federal, State and Local
Laws and Regulations. The permittee shall agree to
perform under 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, State of California and the
F►. United States, and shall obtain and keep in force all
required permits and business licenses throughout the
life of the permit and all renewals thereof.
"Section 8.20.280. Permit Provisions.
"A. Fees. Any permit issued pursuant to this
Ordinance shall provide for the payment of permit fees
to the City, shall contain additional provisions agreed
to by and between the City and permittee, and shall
constitute a written agreement of said parties.
"B. Assignment or Transfer of Permit. No
assignment or transfer of a permit issued pursuant to
this Chapter or any right accruing under such permit
shall be made in whole or in part by the permittee
(01 without the express consent of the Council with regard
to a refuse collector permit or the City Manager for a
salvager permit. In the event any assignment or
transfer is authorized hereunder, 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.
"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
I0ON hereunder. If it is determined by the City Manager that
permittee has not complied with the provisions of this
Chapter, 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 City
Council, following a public hearing upon at least ten
(10) days prior written notice to the permittee, may
terminate the permit.
"Section 8.20.290. Charges for Service.
"A. Collection Charge. A charge for the
r'"` collection of refuse shall be imposed on the owner or
41
r
c
occupant of each residential unit or commercial premises
to which refuse collection service is made available.
The amount of such charges shall be fixed and changed
from time to time and shall be collected at such time
and in such manner as prescribed by resolution of the
City Council. 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 unit or commercial premises
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 units and commercial premises 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. All revisions in
charges levied must be submitted to the City Council for
review and action and must be approved by resolution of
the City Council following a public hearing upon at
least ten (10) days prior written notice to the
permittee.
42
"Section 8.20.300. Recyclable Material/Green Waste
Collection Program. All refuse collectors operating
within the City shall prepare and submit to City for
approval, a recycling collection service program and a
waste collection service program for all customers
served by them within sixty (60) days of the effective
date of this Chapter, or such later date as the Council
may specify by resolution.
"The purpose of this Section is to implement the
City's Source Reduction and Recycling Element. The
program to be submitted hereunder shall include
provisions to implement the same within ninety (90) days
of approval thereof.
"Section 8.20.310. Recyclable Material and Green
Waste Collection Services -- Minimum Standards.
"Refuse collectors shall:
"A. Provide an original and any replacement
recyclable materials container(s) to each customer. The
container(s) shall be a rigid plastic bin, or bucket or
bag of sufficient strength to contain the recyclable
materials and/or green waste and not cause health or
safety hazards to customers or collector personnel. The
container(s) shall be provided without charge and remain
the refuse collector's property.
"B. Collect recyclable material and/or green
("N waste at least once a week, on the same day, and during
43
W
the hours specified for regular refuse collection. No
alternate collection schedule is permitted unless
approved in writing by the City Manager. Refuse
collectors may collect the containers which are placed
at the curbside or the rear yard in the same manner as
regular solid waste collection.
"C. Provide recyclable material and/or green
waste collection services to each location within the
areas covered by the program that the refuse collector
serves for regular solid waste collection. Such service
shall be provided at non-discriminatory rates.
"Section 8.20.320. Refuse Collector Reports. Upon
issuance of a permit hereunder, the permittee shall
submit:
"A. Annual Reports. The permittee shall
prepare and submit an annual report, using a tabular
and/or graphic format, or other commonly used data base
management program (e.g., LOTUS 1-2-3, Excel, etc.) as
approved by the City, within sixty (60) days after the
close of each calendar year. The report shall include,
but is not limited to, the following information:
11(1) 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
11V
c
year, and the number of customers for each class of
service;
11(2) 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 the Act
as applied to the permittee's service area, along with
any recommended changes.
11(3) A revenue statement, setting forth
quarterly compliance fees, and the basis for the
calculation thereof, certified for accuracy by an
officer of the permittee.
"B. Monthly Reports. Permittee shall prepare
monthly reports, using a tabular and/or graphic format
or other commonly used data base management program
(e.g., LOTUS 1-2-3, Excel, etc.) as approved by the
City, during the term of the permit. Monthly reports
shall be submitted to the City on a quarterly basis,
within twenty (20) days from the end of the quarter. At
a minimum, the reports shall include:
"(1) Summaries of tonnage collected and
disposed of by generator type, disposal facility used
and disposal fees paid.
11(2) Summaries of tonnage of recyclable
material collected, by material, and green waste by
route.
raN
45
"(3) Summaries of tonnages of non-
recyclables and contaminants disposed.
"(4) Summaries of tonnages, using an
approved sampling methodology, of each material sold or
otherwise exchanged for processing, by material type.
"(5) Average market prices for each
material sold, and processing charges or acceptance fees
for green waste or other applicable materials.
"(6) Participation rates for each route
in terms of set out counts and average pounds collected
per customer.
"(7) Description of progress in meeting
(O*., the implementation schedule, including the problems
encountered and how they were resolved.
"(8) Summaries of the number of service
complaints by route, including the date, nature of
complaint, and how it was resolved.
"C. Ad Hoc Reports. 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.
46
id
"Section 8.20.330. Adverse Information. Permittee
shall provide City two copies of all reports, or other
material adversely affecting the permit, submitted by
permittee to the EPA, 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.
Permittee's routine correspondence to said agencies need
not be automatically submitted to City, but shall be
made available to City upon written request.
"A. 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 governmental
bodies relating specifically to permittee's performance
of services pursuant to the permit. 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.
"B. 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.
47
"C. All reports and records required under
this or any other section shall be furnished at the sole
expense of the permittee.
"D. A copy of each permittee's annual and
other periodic public financial reports and those of its
parent, subsidiary and affiliated corporations and other
entities, as the City requests, shall be submitted to
the City within thirty (30) days after receipt of a
request.
"Section 8.20.340. Failure to Report. The
refusal, failure or neglect of the permittee to file any
of the reports required, or the inclusion of any
�+ materially false or misleading statement or
W
representation made knowingly by the permittee in such
report shall be deemed a material default under the
permit, and shall subject the permittee to all remedies,
legal or equitable, which are available to the City
under the permit or otherwise.
"Section 8.20.350. Salvage Reports. The permittee
shall submit:
"A. Annual Reports. The permittee shall
prepare and submit an annual report, using a tabular
and/or graphic format, or other commonly used data base
management program (e.g., LOTUS 1-2-3, Excel, etc.) as
approved by the City, within sixty (60) days after the
48
rel
close of each calendar year. The report shall include,
but is not limited to, the following information:
11(1) 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 serviced.
11(2) A revenue statement, setting forth
quarterly compliance fees, and the basis for the
calculation thereof, certified for accuracy by an
officer of the permittee.
or other commonly used data base management program
(e.g., LOTUS 1-2-3, Excel, etc.) as approved by the
City, during the term of the permit. Monthly reports
shall be submitted to the City on a quarterly basis,
within twenty (20) days from the end of the quarter. At
a minimum, the reports shall include:
11(1) Summaries of tonnage of recyclable
material collected, by material, by route and by
transferor, and disposition thereof.
11(2) Summaries of tonnages of non-
recyclables and contaminants disposed, if any.
11(3) Average market prices for each
eol- recyclable material sold.
49
"B. Monthly
Reports.
Permittee shall
prepare
monthly reports, using
a tabular
and/or graphic
format
or other commonly used data base management program
(e.g., LOTUS 1-2-3, Excel, etc.) as approved by the
City, during the term of the permit. Monthly reports
shall be submitted to the City on a quarterly basis,
within twenty (20) days from the end of the quarter. At
a minimum, the reports shall include:
11(1) Summaries of tonnage of recyclable
material collected, by material, by route and by
transferor, and disposition thereof.
11(2) Summaries of tonnages of non-
recyclables and contaminants disposed, if any.
11(3) Average market prices for each
eol- recyclable material sold.
49
11(4) Summaries of the number of service
complaints by route, including the date, nature of
complaint, and how it was resolved.
"C. Ad Hoc Reports. Permittee shall provide
up to three (3) 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.
"D. Adverse Information. Permittee shall
provide City two copies of all reports, or other
e"+, material adversely affecting the permit, submitted by
permittee to the EPA, 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.
Permittee's routine correspondence to said agencies need
not be automatically submitted to City, but shall be
made available to City upon written request.
11(1) 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 governmental
50
bodies relating specifically to permittee's performance
of services pursuant to the permit. 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.
"(2) 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.
"(3) All reports and records required
under this or any other section shall be furnished at
the sole expense of the permittee.
"(4) A copy of each permittee's annual
and other periodic public financial reports and those of
its parent, subsidiary and affiliated corporations and
other entities, as the City requests, shall be submitted
to the City within thirty (30) days after receipt of a
request.
"E. Failure to Report. The refusal, failure
or neglect of the permittee to file any of the reports
required, or the inclusion of any materially false or
misleading statement or representation made knowingly by
the permittee in such report shall be deemed a material
default under the permit, and shall subject the
permittee to all remedies, legal or equitable, which are
available to the City under the permit or otherwise.
51
"F. Notwithstanding the obligations imposed
upon permittees by this Section 8.20.350, it shall be
the concurrent responsibility and obligation of the
transferor to ensure that all data and reports required
hereunder are timely prepared and submitted to the City.
"Section 8.20.360. Right of Provision
Modification. The City specifically retains the right
to repeal, amend, add to, or modify each and every
provision of this Chapter.
"Section 8.20.370. Right to Grant Franchise. The
City, subject to all applicable state laws, specifically
retains the right to grant a franchise or franchises for
to"+ the collection of solid waste from any residential unit
or commercial premises.
"Section 8.20.380. Penalty for Violation of
Chapter. 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
Chapter. Any person, firm, partnership, or corporation
violating any provision of this Chapter, failing to
comply with any of its requirements, or with any permit
issued hereunder, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be
punished by a fine not exceeding Five Hundred Dollars
52
($500.00),
or
by imprisonment not
exceeding six
(6)
e"'`
months, or
by
both such fine and
imprisonment.
Each
52
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 such
violation is committed, continued or permitted by such
person, firm, partnership or corporation, and shall be
deemed punishable therefor as provided in this Chapter.
"Section 8.20.390. Civil Remedies Available. 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.
/^'
"Section 8.20.400. Severability. The City Council
declares that, should any provision, section, paragraph,
sentence, or word of this Chapter 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 Chapter shall
remain in full force and effect."
53
Section 3. The City Clerk shall certify to the passage
of this Ordinance and shall cause this Ordinance to be published
as required by law.
PASSED this 23rd day of June , 1994.
tl Mayor
I, David A. Caretto , City Clerk of the City of
Irwindale, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the Council of the City of
Irwindale held on this 9th day of June , 1994 and
1994, by the following vote:
AYES: COUNCIL MEMBERS: Tapia, Chavez, Miranda, P., Breceda,
and Miranda, J.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST: 0A 47
y%1
City Clerk,
City of Irwindale
C\1021\0RD1tEFUS\I 5.6C 54
was
finally
passed at
a regular meeting
of the
City Council of
the
City of
Irwindale
held on the 23rd
day of
June
1994, by the following vote:
AYES: COUNCIL MEMBERS: Tapia, Chavez, Miranda, P., Breceda,
and Miranda, J.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST: 0A 47
y%1
City Clerk,
City of Irwindale
C\1021\0RD1tEFUS\I 5.6C 54