2000 Municipal Code Ordinance 314 - An Ordinance of the City of RH Amending Entirety Chapter 8.08ORDINANCE NO. 325
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
CHAPTER 8.08 OF THE ROLLING HILLS MUNICIPAL CODE
RELATING TO THE COLLECTION OF ELECTRONIC WASTE AND
CONSTRUCTION AND DEMOLITION WASTE AND INSURANCE
REQUIREMENTS FOR SOLID WASTE HAULERS
The City Council of the City of Rolling Hills does ordain as follows:
Section 1. The following definitions for "Bulky items" and "Solid Waste" in the alphabetical list
of definitions in Section 8.08.020 of Title 8 of the Rolling Hills Municipal Code are hereby amended to
read as follows:
"Bulky items" means and includes, without limitation, large and small household appliances, fumiture,
carpets, mattresses, tires, and unusually large amounts of yard debris, brush clearance and Green Waste.
Bulky Items does not include car bodies Construction and Demolition Debris or items requiring more
than two persons to remove. E -Waste may be collected as Bulky Items if provided for in a Franchise
Agreement.
"Solid waste" means all discarded garbage, green waste, manure, vegetable or animal solid, semisolid or
liquid wastes, recyclable materials, or rubbish of every kind and character, but excluding E -Waste and
Hazardous Waste, that is generated by and at the physical location where the waste is collected.
Section 2. The definition of "electronic hazardous waste" is hereby repealed, a new definition
for "Electronic Waste" is hereby added and the definitions for "Garbage," "Green Waste," and
"Rubbish" are relocated to the alphabetical list of definitions in Section 8.08.020 of Title 8 of the
Rolling Hills Municipal Code to read as follows:
"Electronic Waste (E -Waste)" means any discarded electronic product or devise 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. For purposes of this
Chapter, E -waste shall not be considered Solid Waste, but may be collected as a Bulky Item, recyclable
material or through special Collections, if provided for in a Franchise Agreement.
"Garbage" means all waste capable of spoiling or decaying 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 grass clippings, leaves,
pruning, weeds, branches, brush, holiday trees, stumps, flowers, plant stalks, wood and other forms of
organic waste not more than five feet in its longest dimension or with a diameter not more than six
inches or weights not more than fifty pounds.
"Rubbish" means without limitation, accumulation of unwanted material to be disposed of such as
paper, polystyrene, excelsior, pottery, rags, cloth, boxes and containers, sweep -ups and all other
accumulations of a nature other than garbage, green waste or recyclable materials.
Section 3. A new subsection (C) is hereby added to Section 8.08.150 of Title 8 of the Rolling
Hills Municipal Code to read as follows:
C. All policies required by this Chapter shall allow City, as additional insured, to satisfy the
self -insured retention ("SIR") and/or deductible of the policy in lieu of the Collector (as the
named insured) should Collector fail to pay the SIR or deductible requirements. The amount
of the SIR or deductible shall be subject to the approval of the City Attorney and City
Manager. Satisfaction of this requirement is an express condition precedent to the
effectiveness of any Franchise Agreement or Permit issued under this Chapter. Failure by
Collector as primary insured to pay its SIR or deductible constitutes a violation of the
requirement to maintain insurance in this Section and a material breach of any Franchise
Agreement. Should City pay the SIR or deductible on Collector's behalf upon the
Collector's failure or refusal to do so in order to secure defense and indemnification as an
additional insured under the policy, City may include such amounts as damages in any action
against Collector for violation of the requirement to maintain insurance in this Section or
Ordinance No. 325 -1-
breach of the Franchise Agreement, in addition to any other damages incurred by City due to
such violation or breach.
Section 4. Section 8.08.440 of Title 8 of the Rolling Hills Municipal Code is hereby amended to
read as follows:
8.08.440 Prohibited waste.
A. Hazardous waste and any other form of waste that does not meet the definition of solid waste
or recyclable materials shall not be disposed of with solid waste or recyclables for regular
solid waste collection by a Collector. Notwithstanding, E -waste may be collected as a Bulky
Item, recyclable material or through special Collections, if provided for in a Franchise
Agreement.
B. A Collector shall develop and implement.a public information and education program for E -
waste disposal and recycling, hazardous waste and any other prohibited waste, approved by
the City Manager.
C. Customers shall dispose of hazardous waste and any other form of prohibited waste at special
collection centers operating throughout the region. A list of such collections centers is
available at City Hall.
Section 5. Section 8.08.580 of Title 8 of the Rolling Hills Municipal Code is hereby amended to
read as follows:
8.08.580: Construction or demolition waste.
A. Minimum construction or demolition waste diversion requirements
Every covered project shall divert at least fifty percent (50%), measured by weight, of all
construction or demolition waste generated by the covered project.
B. Exempt projects.
The diversion and reporting requirements of this Section shall not apply to the following
projects:
1. Any construction, remodeling or demolition project that does not generate Recyclable
Materials or Construction/Demolition Waste.
2. 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.
The City Manager shall be authorized to make a final determination of whether a project is a
covered or an exempt project.
C. Construction/demolition hauling permit.
1. A construction/demolition hauling permit may be issued pursuant to this Section to
Construction/Demolition Haulers under contract with a property owner in the city and
who are not engaged in the regular collection of refuse in the city.
2. Permit required. No person or solid waste enterprise shall remove construction and
demolition waste from a covered project within the City without first obtaining a
construction/demolition hauling permit or a'franchise under Chapter 8.08. Residents shall
only use a permitted Construction/Demolition Hauler or a Franchised Collector, for
removal of Construction/Demolition Waste from any Covered Project within the City.
3. Application for construction/demolition hauling permit. An application for a permit shall
be filed with the City Manager and be accompanied by an application fee in an amount
set by City Council resolution to reimburse the City for all expenses incurred by it in
connection with granting the permit.
The application shall include, at a minimum, the following information:
a) Name, address, telephone number of the applicant and any other principals in the
hauler's business.
Ordinance No. 325 -2-
2
b) Name, address, and resident telephone number of the subject construction/demolition
project, and a copy of the service agreement for Collection services at the site.
c) The type and amount of materials and waste material that the hauler is capable of
transporting.
d) The number of vehicles that the Hauler utilizes.
e) 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
f) Such other pertinent facts or information as the City Manager may require including
but not limited to evidence of state certification, evidence of previous experience, and
demonstration of reliable and safe equipment.
4. In order to be legally qualified to obtain a construction/demolition hauler permit:
a) The applicant shall be willing and able to comply with the provisions of this Code,
applicable law, and all requirements of the permit.
b) The applicant shall have demonstrated ability to remove and transport the required
construction/demolition waste to the appropriate waste disposal facilities
c) The applicant shall not have filed materially misleading information in its application
or intentionally withheld information that the applicant lawfully is required to
provide.
d) The applicant shall not have violated the terms of this Section or a probation order
issued by the City Manager, or had a construction/demolition hauling permit revoked,
on another construction or demolition project in the City for three year period
preceding the date of application, as provided in Subsection F.3 below.
5. Issuance of permits. The City Manager may issue a limited construction/demolition
hauler permit to Collect and Divert Construction/Demolition Waste from a specific
project site in the City, subject to such conditions as are necessary to protect the public
health, safety and welfare and to assure that the permit is exercised for its circumscribed
purposes. A permit shall not be transferred to another person or solid waste enterprise.
Permits shall remain in effect for the amount of time specified on the permit, unless an
extension is granted in writing by the City Manager for the purpose of completing work
on the specified project. Extension request shall be submitted in writing, no less than
thirty days before expiration of the permit. The City Manager may grant an extension
subject to the criteria set forth in Subsection 8.08.580.C.3.
6. A permitted construction/demolition hauler shall be subject to the following provisions of
Chapter 8.08: Sections 8.08.150 Collector's liability insurance; 8.08.160 Worker's
compensation insurance; 8.08.170 Indemnification; 8.08.190 Responsibility for
Damages; 8.08.200 Office for inquiries and complaints; 8.08.210 Permits and licenses;
8.08.260 City Inspection Authority; 8.08.270 Vehicle identification; 8.08.290 Operation
of equipment; 8.08.330 Hours of collection; 8.08.340 Litter; 8.08.360 Trespass, 8.08.370
Noise; 8.08.380 Ownership; 8.08.390 Disposal, 8.08.400 Resource recovery, and all other
applicable provisions of the Municipal Code.
D. Records.
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 City
Manager that can be converted to tonnage.
E. Reporting.
1. Every three months from the date the permit is issued, the hauler shall submit under
penalty of perjury, documentation to the satisfaction of the Manager establishing
compliance with the requirements of this Section. The documentation shall consist of a
completed "Quarterly Recycling and Waste Reduction Compliance Report," showing the
weight of materials disposed and diverted, supported by evidence satisfactory to the
Manager, which may include originals or photocopies of receipts and weight
Ordinance No. 325 -3-
tickets/invoices or other records of measurement from recycling and/or landfill disposal
companies. Receipts and weight tickets may be required by the Manager to verify the
amount of construction or demolition waste generated from the site that has been
diverted.
2. Within thirty (30) calendar days following the completion of any covered project, the
hauler shall submit under penalty of perjury documentation to the satisfaction of the
Manager establishing compliance with the requirements of this Section. 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 Manager, 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 weigh[ tickets may be
required by the Manager to verify the amount of construction or demolition waste
generated from the site that has been diverted.
F. Probation and Revocation
1. Failure by a permitted Hauler to comply with the Diversion and/or reporting requirements
of this Section may result in automatic revocation of the Construction/Demolition Hauler
Permit, or in the City Manager's discretion a probation order.
2. The Manager is authorized to put a hauler on probation when the Hauler fails to submit
quarterly reports, or fails to demonstrate compliance with the diversion requirements in
the quarterly reports, or final compliance report. A probation order shall be in writing
and provide the Hauler an opportunity to demonstrate compliance with the reporting and
Diversion requirements in future "Quarterly Recycling and Waste Reduction Compliance
Reports" and/or the "Recycling and Waste Reduction Final Compliance Report." The
probation order may impose reasonable conditions on the Hauler aimed at achieving
compliance with such requirements.
3. A Hauler whose permit has been revoked, or who has failed to comply under a probation
order, shall be notified in writing and shall not be eligible for a new permit for a period of
three years from the date of the final written decision.
4. The Manager's decision to issue a probation order or to revoke a permit may be appealed
to the City Council in the same manner as decisions are appealed under Section 8.08.090
through 8.08.130.
•
G. Monitoring responsibility of Manager.
The City Manager shall monitor each covered project for compliance with this Section.
H. Implementing Regulations
The Manager 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.
PASSED, APPROVED AND ADOPTED THIS 24TH DAY OF OCTOBER, 2011.
ATTEST:
Heidi Luce
Deputy City Clerk
Ordinance No. 325 -4-
2
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS )
) §§
I certify that the foregoing Ordinance No. 325 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
CHAPTER 8.08 OF THE ROLLING HILLS MUNICIPAL CODE
RELATING TO THE COLLECTION OF ELECTRONIC WASTE AND
CONSTRUCTION AND DEMOLITION WASTE AND INSURANCE
REQUIREMENTS FOR SOLID WASTE HAULERS
was approved and adopted at a regular meeting of the City Council on October 24, 2011, by the
following roll call vote:
AYES: Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Black and Mayor Lay.
NOES: • None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
HEIDI LUCE
DEPUTY CITY CLERK
Ordinance No. 325 -5-
ORDINANCE NO. 325
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
CHAPTER 8.08 OF THE ROLLING HILLS MUNICIPAL CODE
RELATING TO THE COLLECTION OF ELECTRONIC WASTE AND
CONSTRUCTION AND DEMOLITION WASTE AND INSURANCE
REQUIREMENTS FOR SOLID WASTE HAULERS
The City Council of the City of Rolling Hills does ordain as follows:
Section 1. The following definitions for "Bulky items" and "Solid Waste" in the alphabetical list
of definitions in Section 8.08.020 of Title 8 of the Rolling Hills Municipal Code are hereby amended to
read as follows:
"Bulky items" means and includes, without limitation, large and small household appliances, furniture,
carpets, mattresses, tires, and unusually large amounts of yard debris, brush clearance and Green Waste.
Bulky Items does not include car bodies Construction and Demolition Debris or items requiring more
than two persons to remove. E -Waste may be collected as Bulky Items if provided for in a Franchise
Agreement.
"Solid waste" means all discarded garbage, green waste, manure, vegetable or animal solid, semisolid or
liquid wastes, recyclable materials, or rubbish of every kind and character, but excluding E -Waste and
Hazardous Waste, that is generated by and at the physical location where the waste is collected.
Section 2. The definition of "electronic hazardous waste" is hereby repealed, a new definition
for "Electronic Waste" is hereby added and the definitions for "Garbage," "Green Waste," and
"Rubbish" are relocated to the alphabetical list of definitions in Section 8.08.020 of Title 8 of the
Rolling Hills Municipal Code to read as follows:
"Electronic Waste (E -Waste)" means any discarded electronic product or devise 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. For purposes of this
Chapter, E -waste shall not be considered Solid Waste, but may be collected as a Bulky Item, recyclable
material or through special Collections, if provided for in a Franchise Agreement.
"Garbage" means all waste capable of spoiling or decaying which generally includes but is not limited to
kitchen and table food waste, animal, vegetative, food or anyorganic 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 grass clippings, leaves,
pruning, weeds, branches, brush, holiday trees, stumps, flowers, plant stalks, wood and other forms of
organic waste not more than five feet in its longest dimension or with a diameter not more than six
inches or weights not more than fifty pounds.
"Rubbish" means without limitation, accumulation of unwanted •material to, be disposed of such as
paper, polystyrene, excelsior, pottery, rags, cloth, boxes and containers,"sweep-ups and all other
accumulations of a nature other than garbage, green waste or recyclable materials.
Section 3. A new subsection (C) is hereby added to Section 8.08.150 of Title 8 of the Rolling
Hills Municipal Code to read as follows:
C. All policies required by this Chapter shall allow City, as additional insured, to satisfy the
self -insured retention ("SIR") and/or deductible of the policy in lieu of the Collector (as the
named insured) should Collector fail to pay the SIR or deductible requirements. The amount
of the SIR or deductible shall be subject to the approval of the City Attorney and City
Manager. Satisfaction of this requirement is an express condition precedent to the
effectiveness of any Franchise Agreement or Permit issued under this Chapter. Failure by
Collector as primary insured to pay its SIR or deductible constitutes a violation of the
requirement to maintain insurance in this Section and a material breach of any Franchise
Agreement. Should City pay the SIR or deductible on Collector's behalf upon the
Collector's failure or refusal to do so in order to secure defense and indemnification as an
additional insured under the policy, City may include such amounts as damages in any action
against Collector for violation of the requirement to maintain insurance in this Section or
Ordinance No. 325 -1-
breach of the Franchise Agreement, in addition to any other damages incurred by City due to"
such violation or breach.
Section 4. Section 8.08.440 of Title 8 of the Rolling Hills Municipal Code is hereby amended to
read as follows:
8.08.440 Prohibited waste.
A. Hazardous waste and any other form of waste that does not meet the definition of solid waste
or recyclable materials .shall not be disposed of with solid waste or recyclables for regular
solid waste collection by a Collector. Notwithstanding, E -waste may be collected as a Bulky
Item, recyclable material or through special Collections, if provided for in a Franchise
Agreement.
B. A Collector shall develop and implement a public information and education program for E -
waste disposal and recycling, hazardous waste and any other prohibited waste, approved by
the City Manager.
C. Customers shall dispose of hazardous waste and any other form of prohibited waste at special
collection centers operating throughout the region. A list of such collections centers is
available at City Hall.
Section 5. Section 8.08.580 of Title 8 of the Rolling Hills Municipal Code is hereby amended to
read as follows:
8.08.580: Construction or demolition waste.
A. Minimum construction or demolition waste diversion requirements
Every covered project shall divert at least fifty percent (50%), measured by weight, of all
construction or demolition waste generated by the covered project.
B. Exempt projects.
The diversion and reporting requirements of this Section shall not apply to the following
projects:
1. Any construction, remodeling or demolition project that does not generate Recyclable
Materials or Construction/Demolition Waste.
2. 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.
The City Manager shall be authorized to make a final determination of whether a project is a
covered or an exempt project.
C. Construction/demolition hauling permit.
1. A construction/demolition hauling permit may be issued pursuant to this Section to
Construction/Demolition Haulers under contract with a property owner in the city and
who are not engaged in the regular collection of refuse in the city.
2. Permit required. No person or solid waste enterprise shall remove construction and
demolition waste from a covered project within the City without first obtaining a
construction/demolition hauling permit or a franchise under Chapter 8.08. Residents shall
only use a permitted Construction/Demolition Hauler or a Franchised Collector, for
removal of Construction/Demolition Waste from any Covered Project within the City.
3. Application for construction/demolition hauling permit. An application for a permit shall
be filed with the City Manager and be accompanied by an application fee in an amount
set by City Council resolution to reimburse the City for all expenses incurred by it in
connection with granting the permit. .
The application shall include, at a minimum, the following information:
a) Name, address, telephone number of the applicant and any other principals in the
hauler's business.
Ordinance No. 325 -2-
b) Name, address, and resident telephone number of the subject construction/demolition
project, and a copy of the service agreement for Collection services at the site.
c) The type and amount of materials and waste material that the hauler is capable of
transporting.
d) The number of vehicles that the Hauler utilizes.
e) 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
f) Such other pertinent facts or information as the City Manager may require including
but not limited to evidence of state certification, evidence of previous experience, and
demonstration of reliable and safe equipment.
4. In order to be legally qualified to obtain a construction/demolition hauler permit:
a) The applicant shall be willing and able to comply with the provisions of this Code,
applicable law, and all requirements of the permit.
b) The applicant shall have demonstrated ability to remove and transport the required
construction/demolition waste to the appropriate waste disposal facilities
c) The applicant shall not have filed materially misleading information in its application
or intentionally withheld information that the applicant lawfully is required to
provide.
d) The applicant shall not have violated the terms of thisSection or a probation order
issued by the City Manager, or had a construction/demolition hauling permit revoked,
on another construction or demolition project in the City for three year period
preceding the date of application, as provided in Subsection F.3 below.
5. Issuance of permits. The City Manager may issue a limited construction/demolition
hauler permit to Collect and Divert Construction/Demolition Waste from a specific
project site in the City, subject to such conditions as are necessary to protect the public
health, safety and welfare and to assure that the permit is exercised for its circumscribed
purposes. A permit shall not be transferred to another person or solid waste enterprise.
Permits shall remain in effect for the amount of time specified on the permit, unless an
extension is granted in writing by the City Manager for the purpose of completing work
on the specified project. Extension request shall be submitted in writing, no less than
thirty days before expiration of the permit. The City Manager may grant an extension
subject to the criteria set forth in Subsection 8.08.580.C.3.
6. A permitted construction/demolition hauler shall be subject to the following provisions of
Chapter 8.08: Sections 8.08.150 Collector's liability insurance; 8.08.160 Worker's
compensation insurance; 8.08.170 Indemnification; 8.08.190 Responsibility for
Damages; 8.08.200 Office for inquiries and complaints; 8.08.210 Permits and licenses;
8.08.260 City Inspection Authority; 8.08.270 Vehicle identification; 8.08.290 Operation
of equipment; 8.08.330 Hours of collection; 8.08.340 Litter; 8.08.360 Trespass, 8.08.370
Noise; 8.08.380 Ownership; 8.08.390 Disposal, 8.08.400 Resource recovery, and all other
applicable provisions of the Municipal Code.
D. Records.
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 City
Manager that can be converted to tonnage.
E. Reporting.
1. Every three months from the date the permit is issued, the hauler shall submit under
penalty of perjury, documentation to the satisfaction of the Manager establishing
compliance with the requirements of this Section. The documentation shall consist of a
completed "Quarterly Recycling and Waste Reduction Compliance Report," showing the
weight of materials disposed and diverted, supported by evidence satisfactory to the
Manager, which may include originals or photocopies of receipts and weight
Ordinance No. 325 -3-
tickets/invoices or other records of measurement from recycling and/or landfill disposal
companies. Receipts and weight tickets may be required by the Manager to verify the
amount of construction or demolition waste generated from the site that has been
diverted.
2. Within thirty (30) calendar days following the completion of any covered project, the
hauler shall submit under penalty of perjury documentation to the satisfaction of the
Manager establishing compliance with the requirements of this Section. 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 Manager, 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 Manager to verify the amount of construction or demolition waste
generated from the site that has been diverted.
F. Probation and Revocation
1. Failure by a permitted Hauler to comply with the Diversion and/or reporting requirements
of this Section may result in automatic revocation of the Construction/Demolition Hauler
Permit, or in the City Manager's discretion a probation order.
2. The Manager is authorized to put a hauler on probation when the Hauler fails to submit
quarterly reports, or fails to demonstrate compliance with the diversion requirements in
the quarterly reports, or final compliance report. A probation order shall be in writing
and provide the Hauler an opportunity to demonstrate compliance with the reporting and
Diversion requirements in future "Quarterly Recycling and Waste Reduction Compliance
Reports" and/or the "Recycling and Waste Reduction Final Compliance Report." The
probation order may impose reasonable conditions on the Hauler aimed at achieving
compliance with such requirements.
3. A Hauler whose permit has been revoked, or who has failed to comply under a probation
order, shall be notified in writing and shall not be eligible for a new permit for a period of
three years from the date of the final written decision.
4. The Manager's decision to issue a probation order or to revoke a permit may be appealed
to the City Council in the same manner as decisions are appealed under Section 8.08.090
through 8.08.130.
G. Monitoring responsibility of Manager.
The City Manager shall monitor each covered project for compliance with this Section.
H. Implementing Regulations
The Manager 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.
PASSED, APPROVED AND ADOPTED THIS 24TH DAY OF OCTOBER, 2011.
B. Allen Lay
Mayor
ATTEST:
Heidi Luce
Deputy City Clerk
Ordinance No. 325 -4-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS )
) §§
I certify that the foregoing Ordinance No. 325 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
CHAPTER 8.08 OF THE ROLLING HILLS MUNICIPAL CODE
RELATING TO THE COLLECTION OF ELECTRONIC WASTE AND
CONSTRUCTION AND DEMOLITION WASTE AND INSURANCE
REQUIREMENTS FOR SOLID WASTE HAULERS
was approved and adopted at a regular meeting of the City Council on October 24, 2011, by the
following roll call vote:
AYES: • Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Black and Mayor Lay.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
akididuce,)
HEIDI LUCE
DEPUTY CITY CLERK
Ordinance No. 325 -5-
eiret Rellailqicted
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310)377-1521
FAX (310) 377-7288
Agenda Item No: 3-F
Mtg. Date: 10-24-11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ANTON DAHLERBRUCH, CITY MANAGER
SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY OF ROLLING
HILLS AMENDING CHAPTER 8.08 OF THE ROLLING HILLS
MUNICIPAL CODE RELATING TO THE COLLECTION OF
ELECTRONIC WASTE AND CONSTRUCTION AND DEMOLITION
WASTE AND INSURANCE REQUIREMENTS FOR SOLID WASTE
HAULERS
DATE: OCTOBER 24, 2011
ATTACHMENTS:
Proposed Solid Waste Ordinance No. 325
RECOMMENDATION
It is recommended that the City Council waive full reading and adopt as presented
proposed Ordinance No. 325, an ordinance of the City of Rolling Hills amending
Chapter 8.08 of the Rolling Hills Municipal Code relating to the collection of
construction or demolition waste.
BACKGROUND
At its October 10, 2011 meeting, a motion was made and seconded to waive the full
reading and introduce Ordinance No. 325. The motion carried unanimously by those
Council members in attendance. Upon closure of the public hearing, staff was directed
to prepare the ordinance for adoption at the October 24, 2011 meeting of the City
Council.
The proposed ordinance basically accomplishes the following:
1. Eliminates the annual permit to help the City and hauler better track activities
within the City (thus providing only for • dividual site permits),
2. Creates a requirement for quarterly reports for projects exceeding 3 months,
3. Eliminates a property owner's/resident's responsibility for the hauler's non-
compliance with the Municipal Code and,
4. Creates a probationary period that allows a hauler to rectify the non -compliant
situation before the hauler is prohibited from working in the City for three (3) years.
There is no proposed change to the $25 cost of the individual site permit.
NOTICE
Notice of the public hearing on October 10, 2011 provided to the Rolling Hills
Community Association, Allied Waste and all construction and demolition haulers
known to be conducting business in Rolling Hills. Notice of this second reading and
proposed adoption was included in the City's newsletter.
CONCLUSION
It is recommended that the City Council adopt proposed Ordinance No. 325.
AD
C&D Ordinance update staff report 2nd reading.doc
ORDINANCE NO. 325
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
CHAPTER 8.08 OF THE ROLLING HILLS MUNICIPAL CODE
RELATING TO THE COLLECTION OF ELECTRONIC WASTE AND
CONSTRUCTION AND DEMOLITION WASTE AND INSURANCE
REQUIREMENTS FOR SOLID WASTE HAULERS
The City Council of the City of Rolling Hills does ordain as follows: .
Section 1. The following definitions for "Bulky items" and "Solid Waste" in the alphabetical list
of definitions in Section 8.08.020 of Title 8 of the Rolling Hills Municipal Code are hereby amended to
read as follows:
"Bulky items" means and includes, without limitation, large and small household appliances, furniture,
carpets, mattresses, tires, and unusually large amounts of yard debris, brush clearance and Green Waste.
Bulky Items does not include car bodies Construction and Demolition Debris or items requiring more
than two persons to remove. E -Waste may be collected as Bulky Items if provided for in a Franchise
Agreement.
"Solid waste" means all discarded garbage, green waste, manure, vegetable or animal solid, semisolid or
liquid wastes, recyclable materials, or rubbish of every kind and character, but excluding E -Waste and
Hazardous Waste, that is generated by and at the physical location where the waste is collected.
Section 2. The definition of "electronic hazardous waste" is hereby repealed, a new definition
for "Electronic Waste" is hereby added and the definitions for "Garbage," "Green Waste," and
"Rubbish" are relocated to the alphabetical list of definitions in Section 8.08.020 of Title 8 of the
Rolling Hills Municipal Code to read as follows:
"Electronic Waste (E -Waste)" means any discarded electronic product or devise 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. For purposes of this
Chapter, E -waste shall not be considered Solid Waste, but may be collected as a Bulky Item, recyclable
material or through special Collections, if provided for in a Franchise Agreement.
"Garbage" means all waste capable of spoiling or decaying 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 grass clippings, leaves,
pruning, weeds, branches, brush, holiday trees, stumps, flowers, plant stalks, wood and other forms of
organic waste not more than five feet in its longest dimension or with a diameter not more than six
inches or weights not more than fifty pounds.
Ordinance No. 325
"Rubbish" means without limitation, accumulation of unwanted material to be disposed of such as
paper, polystyrene, excelsior, pottery, rags, cloth, boxes and containers, sweep -ups and all other
accumulations of a nature other than garbage, green waste or recyclable materials.
Section 3. A new subsection (C) is hereby added to Section 8.08.150 of Title 8 of the Rolling
Hills Municipal Code to read as follows:
C. All policies required by this Chapter shall allow City, as additional insured, to satisfy the
self -insured retention ("SIR") and/or deductible of the policy in lieu of the Collector (as the
named insured) should Collector fail to pay the SIR or deductible requirements. The amount
of the SIR or deductible shall be subject to the approval of the City Attorney and City
Manager. Satisfaction of this requirement is an express condition precedent to the
effectiveness of any Franchise Agreement or Permit issued under this Chapter. Failure by
Collector as primary insured to pay its SIR or deductible constitutes a violation of the
requirement to maintain insurance in this Section and a material breach of any Franchise
Agreement. Should City pay the SIR or deductible on Collector's behalf upon the
Collector's failure or refusal to do so in order to secure defense and indemnification as an
additional insured under the policy, City may include such amounts as damages in any action
against Collector for violation of the requirement to maintain insurance in this Section or
breach of the Franchise Agreement, in addition to any other damages incurred by City due to
such violation or breach.
Section 4. Section 8.08.440 of Title 8 of the Rolling Hills Municipal Code is hereby amended to
read as follows:
8.08.440 Prohibited waste.
A. Hazardous waste and any other form of waste that does not meet the definition of solid waste
or recyclable materials shall not be disposed of with solid waste or recyclables for regular
solid waste collection by a Collector. Notwithstanding, E -waste may be collected as a Bulky
Item, recyclable material or through special Collections, if provided for in a Franchise
Agreement.
B. A Collector shall develop and implement a public information and education program for E -
waste disposal and recycling, hazardous waste and any other prohibited waste, approved by
the City Manager.
C. Customers shall dispose of hazardous waste and any other form of prohibited waste at special
collection centers operating throughout the region. A list of such collections centers is
available at City Hall.
Section 5. Section 8.08.580 of Title 8 of the Rolling Hills Municipal Code is hereby amended to
read as follows:
8.08.580:. Construction or demolition waste.
A. Minimum construction or demolition waste diversion requirements
Ordinance No. 325
«?
Every covered project shall divert at least fifty percent (50%), measured by weight, of all
construction or demolition waste generated by the covered project.
B. Exempt projects.
The diversion and reporting requirements of this Section shall not apply to the following
projects:
1. Any construction, remodeling or demolition project that does not generate Recyclable
Materials or Construction/Demolition Waste.
2. 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.
The City Manager shall be authorized to make a final determination of whether a project is a
covered or an exempt project.
C. Construction/demolition hauling permit.
1. A construction/demolition hauling permit maybe issued pursuant to this Section to
Construction/Demolition Haulers under contract with a property owner in the city and
who are not engaged in the regular collection of refuse in the city.
2. Permit required. No person or solid waste enterprise shall remove construction and
demolition waste from a covered project within the City without first obtaining a
construction/demolition hauling permit or a franchise under Chapter 8.08. Residents shall
only use a permitted Construction/Demolition Hauler or a Franchised Collector, for
removal of Construction/Demolition Waste from any Covered Project within the City.
3. Application for construction/demolition hauling permit. An application for a permit shall
be filed. with the City Manager and be accompanied by an application fee in an amount
set by City Council resolution to reimburse the City for all expenses incurred by it in
connection with granting the permit.
The application shall include, at a minimum, the following information:
a) Name, address, telephone number of the applicant and any other principals in the
hauler's business.
b) Name, address, and resident telephone number of the subject construction/demolition
project, and a copy of the service agreement for Collection services at the site.
c) The type and amount of materials and waste material that the hauler is capable of
transporting.
d) The number of vehicles that the Hauler utilizes.
Ordinance No. 325
e) 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.
f) Such other pertinent facts or information as the City Manager may require including
but not limited to evidence of state certification, evidence of previous experience, and
demonstration of reliable and safe equipment.
4. In order to be legally qualified to obtain a construction/demolition hauler permit:
a) The applicant shall be willing and able to comply with the provisions of this Code,
applicable law, and all requirements of the permit.
b) The applicant shall have demonstrated ability to remove and transport the required
construction/demolition waste to the appropriate waste disposal facilities
c) The applicant shall not have filed materially misleading information in its application
or intentionally withheld information that the applicant lawfully is required to
provide.
d) The applicant shall not have violated the terms of this Section or a probation order
issued by the City Manager, or had a construction/demolition hauling permit revoked,
on another construction or demolition project in the City for three year period
preceding the date of application, as provided in Subsection F.3 below.
5. Issuance of permits. The City Manager may issue a limited construction/demolition
hauler permit to Collect and Divert Construction/Demolition Waste from a specific
project site in the City, subject to such conditions as are necessary to protect the public
health, safety and welfare and to assure that the permit is exercised for its circumscribed
purposes. A permit shall not be transferred to another person or solid waste enterprise.
Permits shall remain in effect for the amount of time specified on the permit, unless an
extension is granted in writing by the City Manager for the purpose of completing work
on the specified project. Extension request shall be submitted in writing, no less than
thirty days before expiration of the permit. The City Manager may grant an extension
subject to the criteria set forth in Subsection 8.08.580.C.3.
6. A permitted construction/demolition hauler shall be subject to the following provisions of
Chapter 8.08: Sections 8.08.150 Collector's liability insurance; 8.08.160 Worker's
compensation insurance; 8.08.170 Indemnification; 8.08.190 Responsibility for
Damages; 8.08.200 Office for inquiries and complaints; 8.08.210 Permits and licenses;
8.08.260 City Inspection Authority; 8.08.270 Vehicle identification; 8.08.290 Operation
of equipment; 8.08.330 Hours of collection; 8.08.340 Litter; 8.08.360 Trespass, 8.08.370
Noise; 8.08.380 Ownership; 8.08.390 Disposal, 8.08.400 Resource recovery, and all other
applicable provisions of the Municipal Code.
D. Records.
Ordinance No. 325 -4-
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 City
Manager that can be converted to tonnage.
E. Reporting.
1. Every three months from the date the permit is issued, the hauler shall submit under
penalty of perjury, documentation to the satisfaction of the Manager establishing
compliance with the requirements of this Section. The documentation shall consist of a
completed "Quarterly Recycling and Waste Reduction Compliance Report," showing the
weight of materials disposed and diverted, supported by evidence satisfactory to the
Manager, which may include originals or photocopies of receipts and weight
tickets/invoices or other records of measurement from recycling and/or landfill disposal
companies. Receipts and weight tickets may be required by the Manager to verify the
amount of construction or demolition waste generated from the site that has been
diverted.
2. Within thirty (30) calendar days following the completion of any covered project, the
hauler shall submit under penalty of perjury documentation to the satisfaction of the
Manager establishing compliance with the requirements of this Section. 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 Manager, 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 Manager to verify the amount of construction or demolition waste
generated from the site that has been diverted.
F. Probation and Revocation
1. Failure by a permitted Hauler to complywith the Diversion and/or reporting requirements
of this Section may result in automatic revocation of the Construction/Demolition Hauler
Permit, or in the City Manager's discretion a probation order.
2. The Manager is authorized to put a hauler on probation when the Hauler fails to submit
quarterly reports, or fails to demonstrate compliance with the diversion requirements in
the quarterly reports, or final compliance report. A probation order shall be in writing
and provide the Hauler an opportunity to demonstrate compliance with the reporting and
Diversion requirements in future "Quarterly Recycling and Waste Reduction Compliance
Reports" and/or the "Recycling and Waste Reduction Final Compliance Report." The
probation order may impose reasonable conditions on the Hauler aimed at achieving
compliance with such requirements.
3. A Hauler whose permit has been revoked, or who has failed to comply under a probation
order, shall be notified in writing and shall not be eligible for a new permit for a period of
three years from the date of the final written decision.
Ordinance No. 325 -5-
4. The Manager's decision to issue a probation order or to revoke a permit may be appealed
to the City Council in the same manner as decisions are appealed under Section 8.08.090
through 8.08.130.
G. Monitoring responsibility of Manager.
The City Manager shall monitor each covered project for compliance with this Section.
H. Implementing Regulations
The Manager 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.
Ordinance No. 325
•,1
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS )
) §§
I certify that the foregoing Ordinance No. 325 entitled:
AN ORDNANCE OF THE CITY OF ROLLING HILLS AMENDING
CHAPTER 8.08 OF THE ROLLING HILLS MUNICIPAL CODE
RELATING TO THE COLLECTION OF ELECTRONIC WASTE AND
CONSTRUCTION AND DEMOLITION WASTE AND INSURANCE.
REQUIREMENTS FOR SOLID WASTE HAULERS
was approved and adopted at a regular meeting of the City Council on October 2011, by the.
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices
• HEIDI LUCE
DEPUTY CITY CLERK
Ordinance No. 325 -7-
I 0,,0111
Mr. Craig Ekberg
A-1 All American Roofing
22029 S. Figueroa Street
Carson, CA 90745
Mr. Rick De La Torre
Ace Roll Off Rubbish Service
22022 Moneta Ave.
Carson, CA 90745
Mr. David Offitzer
American General Roofing
753 1/2 Basin St.
San Pedro, CA 90731
Mr. Fabian Dominguez
Concept Construction
805 Teri Ave.
Torrance, CA 90503
Mr. Eric Casper
CWS
621 W. 152nd Street
Gardena, CA 90247
Mr. George Garnica
G. Garnica Trucking
507 S. Juanita Ave.
Redondo Beach, CA 90277
Mr. John Bulaich
J&B Cleanup & Hauling
PO Box 6202
San Pedro, CA 90734
Mr. Wilfredo Mayen
Mayen Const. & Clean Up
10929 Burin Ave.
Inglewood, CA 90304
Mr. Kenneth Fritts
Palos Verdes Pools
23771 Madison Street
Torrance, CA 90505
Mr. Roy Lindahl
Roy's Concrete & Masonry
23223 Mariposa Ave.
Torrance, CA 90502
Mr. Kris Doolin
A&D Clean -Up Masters
1840 S. Gaffey Street # 208
San Pedro, CA 90731
Mr. Felipe Davila
Alexander Demolition
14000 Halldale Ave.
Gardena, CA 90249
Mr. David Offitzer
American General Roofing
753 1/2 Basin St.
San Pedro, CA 90731
Mr. Jeremy Casner
Cosner Construction
1201 6th Street
Manhattan Beach, CA 90266
Mr. Francisco Davila
Davcas, Inc.
841 Big Spring Court
Corona, CA 92880
Mr. Donny Goodwin
Goodwin Enterprises Inc.
PO Box 7388
Capistrano Beach, CA 92624
Mr. Tony Imfeld
JB Bostick Co.
2870 E. La Cresta Ave.
Anaheim, CA 92806
Mr. Robby McKinny
McKinny Construction
PO Box 326
Lomita, CA 90717
Mr. Tim Peterson
Peterson Wozniak, Inc.
440 S. Hindry Ave., #G
Inglewood, CA 90301
Mr. Michael Piro
San Pedro Truck & Tractor
P.O. Box 1015
San Pedro, CA 90733
Mr. Abel Medellin
Abel's Clean Up & Hauling
1559 N. Marine Ave.
Wilmington, CA 90744
Mr. Robert Sarkissian
All Service Dsiposal, Inc.
P.O. Box 1678
Montebello, CA 90640
Mr. Chris Leventis
Chris' Hauling
29540 Bernice Dr.
Rancho Palos Verdes, CA 90275
Mr. Luis Calderin
Cuscatlan Trucking, LLC
4740 133rd St.
Hawthorne, CA 90250
Mr. Viliami Mataele
Falkon Construction
23966 Gold Nugget Ave.
Diamond Bar, CA 91765
Mr. Sean Bond
Integ Roof Co.
6331 Cherry Ave.
Long Beach, CA 90808
Mr. Verne Sweeney
JJK Roll Off Inc.
1617 W. Sepulveda Blvd., #3
Torrance, CA 90501
Mr. Albert Navarro
Ocean Pools
6635 Florance Ave., Ste 201
Bell Gardens, CA 90201
Ms. Donna Haupt
R. Haupt Roofing Co.
1305 W. 132nd Street
Gardena, CA 90247
Mr. Heriberto Serna
Serna Companies Inc.
P.O. Box 246
Garden Grove, CA 92842
Mr. Juan Serrano
Sierra Roof Removal
1204 W. Center St. # 3
Anaheim, CA 92805
Mr. Larry Green
System Paving Inc.
1600 Dove Street
Newport Beach, CA 92660
Mr. Javier Perez
West Coast Waste & Roll Off
3100 Puente St.
Fullerton, CA 92835
Mr. Ray Fadich
Superior Construction
354 8th Street
San Pedro, CA 90731
Mr. Matt Kroha
TRI-SAM Development Inc
20710 Earl St.
Torrance, CA 90503
Ms. Estela Reynoso
System Pavers
3750 S. Susan Street
Santa Ana, CA 92704
Mr. William Waters
Walters Construction
616 El Redondo
Redondo Beach, CA 90277
c4
TO:
FROM:
SUBJECT:
eirey Roeleiv gelid
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No: 5-A
Mtg. Date: 10-10-11
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ANTON DAHLERBRUCH, CITY MANAGER
CONSIDERATION OF AN ORDINANCE OF THE CITY OF ROLLING
HILLS AMENDING CHAPTER 8.08 OF THE ROLLING HILLS
MUNICIPAL CODE RELATING TO THE COLLECTION OF
ELECTRONIC WASTE AND CONSTRUCTION AND DEMOLITION
WASTE AND INSURANCE REQUIREMENTS FOR SOLID WASTE
HAULERS.
DATE: SEPTEMBER 6, 2011
ATTACHMENTS:
Proposed Solid Waste Ordinance No. 325
Relevant Portions of Section 8.08 of the Municipal Code
RECOMMENDATION
It is recommended that the City Council introduce and conduct its first reading of an
ordinance that amends Chapter 8.08 of the Rolling Hills Municipal Code relating to the
collection of construction or demolition waste.
BACKGROUND
In March 2009, the City Council updated the Municipal Code pertaining to the
collection of solid waste and recyclables. In doing so, a provision was implemented
requiring haulers of construction and demolition (C&D) waste to obtain a permit from
the City for collecting and disposing of construction waste. Construction and
demolition waste is defined as follows in the Municipal Code:
Any debris resulting from the construction, modification or demolition of any structure,
roadway or property, 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 reniains, trees, and
other vegetative matter generated by and discarded in conjunction with a covered project.
The permit requires haulers to report to the City the amount of construction waste
deposited in the landfill and diverted away from the landfill. As a result of this, the
City has successfully improved its compliance with the state -mandated 50% diversion
rate.
The City does not restrict the number of haulers that may obtain a permit to work in the
community and, in addition, offers haulers the choice of an annual permit or an
individual property permit. The annual permit ($250) authorizes the hauler to service
any property in the City within a twelve-month period; it is usually obtained by a
hauler serving multiple properties. An individual permit ($25) authorizes the hauler to
service a specific address; it is obtained when the hauler expects to only service a few
addresses. Since 2009, there have been approximately two annual permits issued per
year. In 2010, there were 54 individual permits issued and, in 2011 to date, there have
been 55 individual permits issued. A hauler's failure to meet the conditions of the
permit results in revocation of the permit for three -years and thus, the inability to
conduct business in the City. The Municipal Code also requires the City's withholding.
of a Certificate of Occupancy if the hauler fails to meet the diversion requirement.
With two and one-half years of administering the C&D permit, there have been a
variety of challenges primarily associated with the enforcement and reporting that the
proposed ordinance is intended to address. The proposed changes were forwarded to
the City Council Solid Waste / Recycling Committee (Mayor Pro Tem Black and
Council Member Heinsheimer) for their information and review prior to this
presentation to the City Council.
DISCUSSION
The proposed ordinance mainly accomplishes the following:
1. To avoid or minimize non-compliance with the diversion requirement, the
ordinance eliminates the option for haulers to obtain an annual permit and, it
requires quarterly reports
With an annual permit, the City is not aware of the addresses the hauler services nor
is there an effective and enforceable way to require the hauler to advise the City of
its clients. Therefore, the City only finds out the service address when a particular
project is complete and the hauler submits its final report for the address. At that
time, it is too late to address reporting and/or disposal problems. By issuing only
individual permits, the City will know the hauler serving each property and, by
requiring quarterly reports, the City will know if it appears that the diversion
requirement will be met.
2. To eliminate a property owner's/resident's responsibility for the hauler's non-
compliance, the ordinance removes the reference to withholding the Certificate of
Occupancy
The property owner/resident does not have affective control over where haulers
dispose of construction and demolition waste. Therefore, it has not been effective to
hold the property owner/resident responsible and delay or deny a Certificate of
Occupancy for a project. In situations were there is non-compliance or reporting
issues, staff has worked with the hauler to address the situation. The potential of
having a permit revoked and prohibiting operations in the City for three -years, so
far, has been effective in obtaining compliance with the C&D permit.
3. To address non-compliance other than revoking a C&D permit and prohibiting a
hauler from operating in the City for three -years, the ordinance creates a
probationary period that allows a hauler to rectify the situation.
Recently, there was one hauler, with an annual permit, who did not comply with the
50% diversion requirement. After revoking the permit and prohibiting their
business in the City for three -years, the hauler went to great effort to rectify their
problems. However, the Municipal Code does not provide staff with the ability to
re -instate the permit earlier than three -years. By providing staff with the
opportunity to place a hauler on probation for a period of time under conditions, the
hauler may be authorized to continue working in the City.
In addition, the ordinance provides additional language pertaining to the insurance
requirements; it is language requiring a hauler to identify their deductable or self-
insurance -retention, which just codifies what the City already requests with each
application. It also revises the definitions of bulky items, solid waste, electronic waste,
garbage, green waste and rubbish; the definitions are not new. They had been listed
under "solid waste;" herein, they are listed as stand alone definitions to be more clear.
FISCAL IMPACT
The fiscal impact from the proposed changes in the Municipal Code is expected to be
inconsequential. Approximately two annual permits are issued a year. It is not known
if there will be a significant increase in the number of individual permits as a result of
discontinuing the annual permit.
NOTIFICATION
This item was included on the draft agenda in the City newsletter. In addition, notice of
this item was sent to all haulers with active C&D permits, Allied Waste as the City's
franchise hauler, and the Rolling Hills Community Association.
CONCLUSION
It is recommended that the City Council introduce and conduct its first reading of
Ordinance No. 325 updating the provisions of the Municipal Code pertaining to
construction or demolition waste.
AD
Solid Waste Ordinance update staffreport.doc
ORDINANCE NO. 325
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
CHAPTER 8.08 OF THE ROLLING HILLS MUNICIPAL CODE
RELATING TO THE COLLECTION OF ELECTRONIC WASTE AND
CONSTRUCTION AND DEMOLITION WASTE AND INSURANCE
REQUIREMENTS FOR SOLID WASTE HAULERS
The City Council of the City of Rolling Hills does ordain as follows:
Section 1. The following definitions for "Bulky items" and "Solid Waste" in the alphabetical list
of definitions in Section 8.08.020 of Title 8 of the Rolling Hills Municipal Code are hereby amended to
read as follows:
"Bulky items" means and includes, without limitation, large and small household appliances, furniture,
carpets, mattresses, tires, and unusually large amounts of yard debris, brush clearance and Green Waste.
Bulky Items does not include car bodies Construction and Demolition Debris or items requiring more
than two persons to remove. E -Waste may be collected as Bulky Items if provided for in a Franchise
Agreement.
"Solid waste" means all discarded garbage, green waste, manure, vegetable or animal solid, semisolid or
liquid wastes, recyclable materials, or rubbish of every kind and character, but excluding E -Waste and
Hazardous Waste, that is generated by and at the physical location where the waste is collected.
Section 2. The definition of "electronic hazardous waste" is hereby repealed, a new definition
for "Electronic Waste" is hereby added and the definitions for "Garbage," "Green Waste," and
"Rubbish" are relocated to the alphabetical list of definitions in Section 8.08.020 of Title 8 of the
Rolling Hills Municipal Code to read as follows:
"Electronic Waste (E -Waste)" means any discarded electronic product or devise 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. For purposes of this
Chapter, E -waste shall not be considered Solid Waste, but may be collected as a Bulky Item, recyclable
material or through special Collections, if provided for in a Franchise Agreement.
"Garbage" means all waste capable of spoiling or decaying 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 grass clippings, leaves,
pruning, weeds, branches, brush, holiday trees, stumps, flowers, plant stalks, wood and other forms of
organic waste not more than five feet in its longest dimension or with a diameter not more than six
inches or weights not more than fifty pounds.
Ordinance No. 325 -1-
"Rubbish" means without limitation, accumulation of unwanted material to be disposed of such as
paper, polystyrene, excelsior, pottery, rags, cloth, boxes and containers, sweep -ups and all other
accumulations of a nature other than garbage, green waste or recyclable materials.
Section 3. A new subsection (C) is hereby added to Section 8.08.150 of Title 8 of the Rolling
Hills Municipal Code to read as follows:
C. All policies required by this Chapter shall allow City, as additional insured, to satisfy the
self -insured retention ("SIR") and/or deductible of the policy in lieu of the Collector (as the
named insured) should Collector fail to pay the SIR or deductible requirements. The amount
of the SIR or deductible shall be subject to the approval of the City Attorney and City
Manager. Satisfaction of this requirement is an express condition precedent to the
effectiveness of any Franchise Agreement or Permit issued under this Chapter. Failure by
Collector as primary insured to pay its SIR or deductible constitutes a violation of the
requirement to maintain insurance in this Section and a material breach of any Franchise
Agreement. Should City pay the SIR or deductible on Collector's behalf upon the
Collector's failure or refusal to do so in order to secure defense and indemnification as an
additional insured under the policy, City may include such amounts as damages in any action
against Collector for violation of the requirement to maintain insurance in this Section or
breach of the Franchise Agreement, in addition to any other damages incurred by City due to
such violation or breach.
Section 4. Section 8.08.440 of Title 8 of the Rolling Hills Municipal Code is hereby amended to
read as follows:
8.08.440 Prohibited waste.
A. Hazardous waste and any other form of waste that does not meet the definition of solid waste
or recyclable materials shall not be disposed of with solid waste or recyclables for regular
solid waste collection by a Collector. Notwithstanding, E -waste may be collected as a Bulky
Item, recyclable material or through special Collections, if provided for in a Franchise
Agreement.
B. A Collector shall develop and implement a public information and education program for E -
waste disposal and recycling, hazardous waste and any other prohibited waste, approved by
the City Manager.
C. Customers shall dispose of hazardous waste and any other form of prohibited waste at special
collection centers operating throughout the region. A list of such collections centers is
available at City Hall.
Section 5. Section 8.08.580 of Title 8 of the Rolling Hills Municipal Code is hereby amended to
read as follows:
8.08.580: Construction or demolition waste.
A. Minimum construction or demolition waste diversion requirements
Ordinance No. 325
Every covered project shall divert at least fifty percent (50%), measured by weight, of all
construction or demolition waste generated by the covered project.
B. Exempt projects.
The diversion and reporting requirements of this Section shall not apply to the following
projects:
1. Any construction, remodeling or demolition project that does not generate Recyclable
Materials or Construction/Demolition Waste.
2. 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.
The City Manager shall be authorized to make a final determination of whether a project is a
covered or an exempt project.
C. Construction/demolition hauling permit.
1. A construction/demolition hauling permit may be issued pursuant to this Section to
Construction/Demolition Haulers under contract with a property owner in the city and
who are not engaged in the regular collection of refuse in the city.
2. Permit required. No person or solid waste enterprise shall remove construction and
demolition waste from a covered project within the City without first obtaining a
construction/demolition hauling permit or a franchise under Chapter 8.08. Residents shall
only use a permitted Construction/Demolition Hauler or a Franchised Collector, for
removal of Construction/Demolition Waste from any Covered Project within the City.
3. Application for construction/demolition hauling permit. An application for a permit shall
be filed with the City Manager and be accompanied by an application fee in an amount
set by City Council resolution to reimburse the City for all expenses incurred by it in
connection with granting the permit.
The application shall include, at a minimum, the following information:
a) Name, address, telephone number of the applicant and any other principals in the
hauler's business.
b) Name, address, and resident telephone number of the subject construction/demolition
project, and a copy of the service agreement for Collection services at the site.
c) The type and amount of materials and waste material that the hauler is capable of
transporting.
d) The number of vehicles that the Hauler utilizes.
Ordinance No. 325
e) 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.
f) Such other pertinent facts or information as the City Manager may require including
but not limited to evidence of state certification, evidence of previous experience, and
demonstration of reliable and safe equipment.
4. In order to be legally qualified to obtain a construction/demolition hauler permit:
a) The applicant shall be willing and able to comply with the provisions of this Code,
applicable law, and all requirements of the permit.
b) The applicant shall have demonstrated ability to remove and transport the required
construction/demolition waste to the appropriate waste disposal facilities
c) The applicant shall not have filed materially misleading information in its application
or intentionally withheld information that the applicant lawfully is required to
provide.
d) The applicant shall not have violated the terms of this Section or a probation order
issued by the City Manager, or had a construction/demolition hauling permit revoked,
on another construction or demolition project in the City for three year period
preceding the date of application, as provided in Subsection F.3 below.
5. Issuance of permits. The City Manager may issue a limited construction/demolition
hauler permit to Collect and Divert Construction/Demolition Waste from a specific
project site in the City, subject to such conditions as are necessary to protect the public
health, safety and welfare and to assure that the permit is exercised for its circumscribed
purposes. A permit shall not be transferred to another person or solid waste enterprise.
Permits shall remain in effect for the amount of time specified on the permit, unless an
extension is granted in writing by the City Manager for the purpose of completing work
on the specified project. Extension request shall be submitted in writing, no less than
thirty days before expiration of the permit. The City Manager may grant an extension
subject to the criteria set forth in Subsection 8.08.580.C.3.
6. A permitted construction/demolition hauler shall be subject to the following provisions of
Chapter 8.08: Sections 8.08.150 Collector's liability insurance; 8.08.160 Worker's
compensation insurance; 8.08.170 Indemnification; 8.08.190 Responsibility for
Damages; 8.08.200 Office for inquiries and complaints; 8.08.210 Permits and licenses;
8.08.260 City Inspection Authority; 8.08.270 Vehicle identification; 8.08.290 Operation
of equipment; 8.08.330 Hours of collection; 8.08.340 Litter; 8.08.360 Trespass, 8.08.370
Noise; 8.08.380 Ownership; 8.08.390 Disposal, 8.08.400 Resource recovery, and all other
applicable provisions of the Municipal Code.
D. Records.
Ordinance No. 325 -4-
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 City
Manager that can be converted to tonnage.
E. Reporting.
1. Every three months from the date the permit is issued, the hauler shall submit under
penalty of perjury, documentation to the satisfaction of the Manager establishing
compliance with the requirements of this Section. The documentation shall consist of a
completed "Quarterly Recycling and Waste Reduction Compliance Report," showing the
weight of materials disposed and diverted, supported by evidence satisfactory to the
Manager, which may include originals or photocopies of receipts and weight
tickets/invoices or other records of measurement from recycling and/or landfill disposal
companies. Receipts and weight tickets may be required by the Manager to verify the
amount of construction or demolition waste generated from the site that has been
diverted.
2. Within thirty (30) calendar days following the completion of any covered project, the
hauler shall submit under penalty of perjury documentation to the satisfaction of the
Manager establishing compliance with the requirements of this Section. 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 Manager, 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 Manager to verify the amount of construction or demolition waste
generated from the site that has been diverted.
F. Probation and Revocation
1. Failure by a permitted Hauler to comply with the Diversion and/or reporting requirements
of this Section may result in automatic revocation of the Construction/Demolition Hauler
Permit, or in the City Manager's discretion a probation order.
2. The Manager is authorized to put a hauler on probation when the Hauler fails to submit
quarterly reports, or fails to demonstrate compliance with the diversion requirements in
the quarterly reports, or final compliance report. A probation order shall be in writing
and provide the Hauler an opportunity to demonstrate compliance with the reporting and
Diversion requirements in future "Quarterly Recycling and Waste Reduction Compliance
Reports" and/or the "Recycling and Waste Reduction Final Compliance Report." The
probation order may impose reasonable conditions on the Hauler aimed at achieving
compliance with such requirements.
3. A Hauler whose permit has been revoked, or who has failed to comply under a probation
order, shall be notified in writing and shall not be eligible for a new permit for a period of
three years from the date of the final written decision.
Ordinance No. 325
4. The Manager's decision to issue a probation order or to revoke a permit may be appealed
to the City Council in the same manner as decisions are appealed under Section 8.08.090
through 8.08.130.
G. Monitoring responsibility of Manager.
The City Manager shall monitor each covered project for compliance with this Section.
H. Implementing Regulations
The Manager 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.
Ordinance No. 325 -6-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS )
) §§
I certify that the foregoing Ordinance No. 325 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
CHAPTER 8.08 OF THE ROLLING HILLS MUNICIPAL CODE
RELATING TO THE COLLECTION OF ELECTRONIC WASTE AND
CONSTRUCTION AND DEMOLITION WASTE AND INSURANCE
REQUIREMENTS FOR SOLID WASTE HAULERS
was approved and adopted at a regular meeting of the City Council on October , 2011, by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices
HEIDI LUCE
DEPUTY CITY CLERK
Ordinance No. 325 -7-
THIS PAGE INTENTIONALLY LEFT BLANK
RELEVANT PORTIONS OF SECTION 8.08 OF THE MUNICIPAL CODE
f. - DEFINITIONS
8.08.020 - Definitions.
The following words and phrases, for the purposes of this Chapter, are defined as follows:
"AB 939" or "Act" means the California Integrated Waste Management Act of 1989, Public Resources Code
Sections 40000, et seq., as they now exist or may subsequently be amended.
"Building Official" has the same meaning as the word is used in Section 15.04.040 of this Code.
"Bulky items" means and includes, without limitation, large and small household appliances, furniture, carpets,
mattresses, tires and oversized yard waste such as tree trunks and large branches not larger than two feet (2') in
diameter and four feet (4') in length.
"City" means the City of Rolling Hills.
"Collection" means the operation of gathering together and/or transporting by means of a motor vehicle any
classification of solid waste or recyclables within the City.
"Collector" means any person who has been issued a franchise to provide solid waste and/or recyclable materials
collection services in the City.
"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 permit
issued under Section 8.08.580.C.
"Construction/demolition waste" means any debris resulting from the construction, modification or demolition of
any structure, roadway or property, 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
project.
"Construction, remodeling or demolition project" means any alteration to a building, structure or landscaping that
requires a building 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, collection and removal of solid waste, recyclables, construction/demolition waste and green waste.
"Covered project" means any construction, remodeling or demolition project that is not exempt pursuant to
Section 8.08.580.6.
"Customer" means persons, including both owners and occupiers of residential property in the City who obtain
collection services from a Collector pursuant to this chapter.
"Designated collection location" means the place where the customer shall place, and from where a Collector is to
collect, solid waste and recyclables in containers designated for that purpose.
"Disposal" means the complete operation of treating and/or disposing of solid waste after the collection thereof.
"Divert, diverted and diversion" shall have the same meaning as the words are defined in Public Resources Code
§ 40124, as amended.
"Electronic hazardous waste" means electronic products that contain hazardous substances as identified by the
California Department of Toxic Substances Control, such as lead or mercury and include without limitation cathode ray
tube (CRT) devices (including televisions and computer monitors); LCD desktop monitors; laptop computers with LCD
displays; LCD televisions; plasma televisions, and portable DVD players with LCD screens. Electronic hazardous waste
shall not be considered solid waste for purposes of this chapter. Electronic waste means any electronic product with a
circuit board or battery, including without limitation personal computers, monitors, televisions, keyboards, printers,
telephones (including cell phones), fax machines, calculators, copiers, video game systems and audio equipment.
Electronic waste shall not be considered solid waste for purposes of this chapter.
"Franchise agreement" or "agreement" means the solid waste collection agreement entered into between a solid
waste enterprise and the City, approved by the City Council that sets forth all of the rights and obligations of the
franchise, consistent with this Chapter and state law.
Page 1 of 5
"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, the
Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901, et seq., the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et seq., the Carpenter -
Presley -Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health and Safety Code Sections
25300 et seq.; and all future amendments to any of them, or as defined by the Environmental Protection Agency, the
California Legislature, the California Integrated Waste Management Board, 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.
"Holiday" means:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
"Holiday" also means any other day designated as such in a contract between a Collector and the labor union
serving as the exclusive representative of that Collector's employees, provided the holiday is established or recognized
by resolution of the City Council or in a franchise agreement between the City and a Collector.
"Manager" or "City Manager" means the City Manager or his/her designee of the City.
"Manure" means the waste droppings or matter from any animal normally accumulated and associated with
stables or livestock and not disposed of through sewers or on -site wastewater systems.
"Notice" means notice sent by first-class certified mail, or facsimile or email delivery if agreed to by the parties
under the franchise agreement.
"Officer" means the president, vice-president, treasurer or other duly designated representative of a Collector.
"Parcel of real property" means a parcel of real property as shown on the local secured tax rolls of the County of
Los Angeles.
"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.
"Permittee" means any person that had applied for and received a building or demolition permit to undertake a
construction, remodeling or demolition project covered by this ordinance within the City.
"Public agency" means any governmental agency or department thereof, whether federal, state, or local.
"Recyclable materials" means reusable waste materials, including but not limited to metal, glass, plastic and
paper, cardboard, and green waste, that are to be collected, separated or processed and used as raw materials.
"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 material 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 in Public Resources Code Section 40201.
"Residential premises" means any residential property in the City.
"Service yard" means a yard surrounding portion of a residential dwelling required under the Rolling Hills Zoning
Ordinance and/or the Rolling Hills Community Association Rules, and enclosed by a fence or wall.
"Solid waste" means garbage, green waste, manure, vegetable or animal solid or semisolid wastes, recyclables,
or rubbish of every kind and character, that is generated or accumulates in residential and public facilities. Solid waste
must be generated by and at the physical location wherein the solid waste is collected and does not include electronic
waste, electronic hazardous waste or hazardous waste. Solid waste includes:
Page 2 of 5
A.
B.
C.
Garbage. All 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. Any vegetative matter resulting from regular and routine yard and landscaping maintenance
or seasonal variations. Green waste includes plant debris, such as grass clippings, leaves, pruning, weeds,
branches, brush, holiday trees, stumps, flowers, plant stalks, wood and other forms of organic waste not
more than five feet in its longest dimension or with a diameter not more than six inches or weights not more
than fifty pounds.
Rubbish means without limitation, accumulation of unwanted material to be disposed of such as paper,
polystyrene, excelsior, pottery, rags, cloth, boxes and containers, sweep -ups and all other accumulations
of a nature other than garbage, green waste or recyclable materials.
"Solid waste enterprise" means any person, partnership, joint venture, unincorporated private organization or
private corporation regularly engaged in the business of providing solid waste handling services. This definition does not
include persons providing tree trimming or brush clearance services.
"Tonnage form" means the document adopted by the City Council which is used to determine the net amount of
solid waste and/or recyclables disposed of in a permitted or certified facility.
"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" means the process of moving solid waste through the City.
"Waste disposal facility" or "facility" means any landfill, transfer station, incinerator, land reclamation project,
recycling facility or other similar site or facility which is used or intended to be used for the transfer, consolidation,
processing or disposal of solid waste or recyclables.
"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.
(Ord. No. 314, § 1, 2-23-2009)
III. - GENERAL REQUIREMENTS
8.08.150 - 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 franchisee's activities. The insurance shall be in an amount set forth in the franchise
agreement. Such insurance shall be procured from an insurer authorized to do business in the State of California,
shall name the City of Rolling Hills and its officers, employees and agents.as additional insureds and shall not be
canceled or modified without first giving to City thirty calendar days' prior written notice. 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, must be filed with the
City Manager before a solid waste franchise becomes effective.
B.
In the event of suspension, cancellation, or termination of the insurance by the provider without obtaining
substitute insurance meeting the requirements in subsection A above, the franchise shall be immediately
suspended 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.
(Ord. No. 314, § 1, 2-23-2009)
Page 3 of 5
8.08.440 - Prohibited waste.
A.
Electronic waste, electronic hazardous waste, and any other form of waste that does not meet the definition of
solid waste or recyclable materials shall not be disposed of with solid waste or recyclables for regular solid waste
collection by a Collector.
B.
A Collector shall develop and implement a public information and education program for electronic waste,
electronic hazardous waste disposal and recycling, hazardous waste and any other prohibited waste, approved by
the City Manager.
C.
Customers shall dispose of electronic waste, electronic hazardous waste, hazardous waste and any other form of
prohibited waste at special collection centers operating throughout the region. A list of such collections centers is
available at City Hall.
(Ord. No. 314, § 1, 2-23-2009)
8.08.580: - Construction or demolition waste.
A.
Minimum construction or demolition waste diversion requirements. Every covered project shall divert at least fifty
percent, measured by weight, of all construction or demolition waste generated by the covered project.
Exempt projects. The diversion and reporting requirements of this Section shall not apply to the following projects:
1.
Any construction, remodeling or demolition project that does not require a building permit and does not
generate recyclable materials and construction and demolition waste.
2.
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.
Notwithstanding the exemptions set forth in this paragraph, permitees working on exempt projects are
encouraged to divert as much construction or demolition waste as practicable and encouraged to use permitted haulers
for removal of waste from the project.
C.
Construction/demolition hauling permit.
1.
Permit required. No person or solid waste enterprise shall remove construction and demolition waste from
a covered project within the City without first obtaining a construction/demolition hauling permit. The City
Manager shall maintain a list of all permitted construction/demolition haulers and residents shall only use a
permitted construction/demolition hauler for removal of construction/demolition waste from any covered
project within the City.
2.
Application for construction/demolition hauling permit. An application for a permit shall be filed with the City
Manager and be accompanied by an application fee in,an amount set by City Council resolution to
reimburse the City for all expenses incurred by it in connection with granting the permit. The application
shall include, at a minimum, the following information:
a.
b.
c.
d.
e.
Name, address, telephone number of the applicant and any other principals in the hauler's business.
The type and amount of materials and waste material that the hauler is capable of transporting.
• The number of vehicles that the enterprise utilizes.
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.
Such other pertinent facts or information as the City Manager may require including but not limited
to evidence of state certification, evidence of previous experience, and demonstration of reliable and
safe equipment.
Page 4 of 5
3.
In order to be legally qualified to obtain a construction/demolition hauler permit:
a.
The applicant shall be willing and able to comply with the provisions of this Code, applicable law,
and all requirements of the permit.
b.
The applicant shall have demonstrated ability to remove and transport the required
construction/demolition waste to the appropriate waste disposal facilities.
c.
The applicant shall not have filed materially misleading information in its application or intentionally
withheld information that the applicant lawfully is required to provide.
4.
Issuance of permits. The City Manager may issue a non-exclusive construction/demolition hauler permit
subject to such conditions as are necessary to protect the public health, safety and welfare and to assure
that the permit is exercised for its circumscribed purposes. A permit shall not be transferred to another
person or solid waste enterprise. Permits shall remain in effect for one year and must be renewed annually.
5.
A permitted construction/demolition hauler shall be subject to the following provisions of Chapter 8.08:
Sections 8.08.150 Collector's liability insurance, 8.08.160 Worker's compensation insurance, 8.08.170
Indemnification, 8.08.190 Office for inquiries and complaints, 8.08.200 Permits and licenses, 8.08.250
Vehicle identification, 8.08.260, City Inspection Authority, 8.08.270 Operation of equipment, 8.08.310
Hours of collection, 8.08.320 Litter, 8.08.340 Trespass, 8.08.350 Noise, 8.08.360 Ownership, 8.08.370
Disposal, 8.08.380 Resource recovery, and all other applicable provisions of the Municipal Code.
6.
Failure by a permitted hauler to comply with the diversion and/or reporting requirements of this section will
result in automatic revocation of the construction/demolition hauler permit. A hauler whose permit has been
revoked shall not be eligible to reapply for a new permit for a period of three -years from the date of
revocation.
D.
Condition precedent to issuance of building or demolition permit. As a part of any application for, and prior to the
issuance of, any building or demolition permit for a covered project, every permittee shall identify the permitted
hauler that has been designated to remove all construction/demolition waste associated with the project. The
application shall also be accompanied by a construction/demolition waste fee, set by resolution of the City Council
to reimburse the City for all expenses incurred by it in connection with monitoring compliance with this section.
E.
Records. 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 City Manager that can be converted
to tonnage. .
F.
Reporting. Within thirty calendar days following the completion of any covered project, the hauler 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 Manager establishing compliance with the requirements of
this Section. 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
Manager, 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 Manager to verify the amount of construction or demolition waste generated from the site that
has been diverted.
If a project involves issuance of both a demolition and building permit, the report and documentation for the
demolition permit shall be submitted to and approved by the Manager before issuance of a building permit.
G.
Monitoring responsibility of Manager. The City Manager shall monitor each covered project for compliance with
this section.
H.
Implementing regulations. The Manager 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.
(Ord. No. 314, § 1, 2-23-2009)
Page 5of5
N o
ctS O In PA a.Al ec& 4o
Mr. Craig Ekberg
A-1 All American Roofing
22029 S. Figueroa Street
Carson, CA 90745
Mr. Rick De La Torre
Ace Roll Off Rubbish Service
22022 Moneta Ave.
Carson, CA 90745
Mr. David Offitzer
American General Roofing
753 1/2 Basin St.
San Pedro, CA 90731
Mr. Fabian Dominguez
Concept Construction
805 Teri Ave.
Torrance, CA 90503
Mr. Eric Casper
CWS
621 W. 152nd Street
Gardena, CA 90247
Mr. George Garnica
G. Garnica Trucking
507 S. Juanita Ave.
Redondo Beach,'CA 90277
Mr. John Bulaich
J&B Cleanup & Hauling
PO Box 6202
San Pedro, CA 90734
Mr. Wilfredo Mayen
Mayen Const. & Clean Up
10929 Burin Ave.
Inglewood, CA 90304
Mr. Kenneth Fritts
Palos Verdes Pools
23771 Madison Street
Torrance, CA 90505
Mr. Roy Lindahl
Roy's Concrete & Masonry
23223 Mariposa Ave.
Torrance, CA 90502
Mr. Kris Doolin
A&D Clean -Up Masters
1840 S. Gaffey Street # 208
San Pedro, CA 90731
Mr. Felipe Davila
Alexander Demolition
14000 Halldale Ave.
Gardena, CA 90249
Mr. David Offitzer
American General Roofing
753 1/2 Basin St.
San Pedro, CA 90731
Mr. Jeremy Casner
Cosner Construction
1201 6th Street
Manhattan Beach, CA 90266
Mr. Francisco Davila
Davcas, Inc.
841 Big Spring Court
Corona, CA 92880
Mr. Donny Goodwin
Goodwin Enterprises Inc.
PO Box 7388
Capistrano Beach, CA 92624
Mr. Tony lmfeld
JB Bostick Co.
2870 E. La Cresta Ave.
Anaheim, CA 92806
Mr. Robby McKinny
McKinny Construction
PO Box 326
Lomita, CA 90717
Mr. Tim Peterson
Peterson Wozniak, Inc.
440 S. Hindry Ave., #G
Inglewood, CA 90301
Mr. Michael Piro
San Pedro Truck & Tractor
P.O. Box 1015
San Pedro, CA 90733
Mr. Abel Medellin
Abel's Clean Up & Hauling
1559 N. Marine Ave.
Wilmington, CA 90744
Mr. Robert Sarkissian
All Service Dsiposal, Inc.
P.O. Box 1678
Montebello, CA 90640
Mr. Chris Leventis
Chris' Hauling
29540 Bernice Dr.
Rancho Palos Verdes, CA 90275
Mr. Luis Calderin
Cuscatlan Trucking, LLC
4740133rd St.
Hawthorne, CA 90250
Mr. Viliami Mataele
Faikon Construction
23966 Gold Nugget Ave.
Diamond Bar, CA 91765
Mr. Sean Bond
Integ Roof Co.
6331 Cherry Ave.
Long Beach, CA 90808
Mr. Verne Sweeney
JJK Roll Off Inc.
1617 W. Sepulveda Blvd., #3
Torrance, CA 90501
Mr. Albert Navarro
Ocean Pools
6635 Florance Ave., Ste 201
Bell Gardens, CA 90201
Ms. Donna Haupt
R. Haupt Roofing Co.
1305 W. 132nd Street
Gardena, CA 90247
Mr. Heriberto Serna
Serna Companies Inc.
P.O. Box 246
Garden Grove, CA 92842
Mr. Juan Serrano
Sierra Roof Removal
1204 W. Center St. # 3
Anaheim, CA 92805
Mr. Larry Green
System Paving Inc.
1600 Dove Street
Newport Beach, CA 92660
Mr. Javier Perez
West Coast Waste & Roll Off
3100 Puente St.
Fullerton, CA 92835
Mr. Ray Fadich
Superior Construction
354 8th Street
San Pedro, CA 90731
Mr. Matt Kroha
TRI-SAM Development Inc
20710 Earl St.
Torrance, CA 90503
Ms. Estela Reynoso
System Pavers
3750 S. Susan Street
Santa Ana, CA 92704
Mr. William Waters
Walters Construction
616 El Redondo
Redondo Beach, CA 90277
eav Roteeft9 qi€14
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
October 6, 2011
Dear Permitted C&D Waste Hauler,
At the City Council meeting on Monday, October 10, 2011, the Rolling Hills City
Council will be considering a revision to the Municipal Code pertaining to the issuance
and enforcement of construction and demolition waste hauling permits.
The proposed the Municipal Code amendments:
1. Eliminate the annual permit to help the City and hauler better track activities within
the City (thus providing only for individual site permits),
2. Create a requirement for quarterly reports for projects exceeding 3 months,
3. Eliminates a property owner's/resident's responsibility for the hauler's non-
compliance with the Municipal Code and,
4. Creates a probationary period that allows a hauler to rectify the non -compliant
situation before the hauler is prohibited from working in the City for three (3) years.
There is no proposed change to the $25 cost of the individual site permit.
If you have any questions, please feel free to contact me at 310-377-1521. For your
information, the notice of the public hearing is printed on the backside of this letter.
Best regards,
Heidi Luce
Deputy City Clerk
HL
10-06-11 Haul ingPermi tee -1 tr.docx
c: Anton Dahlerbruch, City Manager
Yolanta Schwartz, Planning Director
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Rolling
Hills will hold a public hearing during their regularly scheduled meeting to be held on
Monday, October 10, 20111, commencing at 7:30 p.m., in the Council Chambers at City
Hall, 2 Portuguese Bend Road, Rolling Hills, California to consider the following:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
CHAPTER 8.08 OF THE ROLLING HILLS MUNICIPAL CODE
RELATING TO THE COLLECTION OF ELECTRONIC WASTE AND
CONSTRUCTION AND DEMOLITION WASTE AND INSURANCE
REQUIREMENTS FOR SOLID WASTE HAULERS
Any person is welcome to review the staff report prior to the public
hearing at City Hall, 2 Portuguese Bend Road, Rolling Hills, between the hours of 7:30
a.m. to 5:00 p.m., Monday through Friday, after 4:00 p.m. on Friday, October 7, 2011.
/s/ Heidi Luce
HEIDI LUCE
DEPUTY CITY CLERK
Published once in the Palos Verdes Peninsula News
Thursday, September 29, 2011
Easy Peel® Labels
Use Avery® Template 5160®
Mr. Craig Ekberg
A-1 All American Roofing
22029 S. Figueroa Street
Carson, CA 90745
Mr. Rick De La Torre
Ace Roll Off Rubbish Service
22022 Moneta Ave.
Carson, CA 90745
Mr. David Offitzer
American General Roofing
7531/2 Basin St.
San Pedro, CA 90731
Mr. Fabian Dominguez
Concept Construction
805 Teri Ave.
Torrance, CA 90503
Mr. Eric Casper
CWS
621 W. 152nd Street
Gardena, CA 90247
Mr. George Garnica
G. Garnica Trucking
507 S. Juanita Ave.
Redondo Beach, CA 90277
Mr. John Bulaich
J&B Cleanup & Hauling
PO Box 6202
San Pedro, CA 90734
Mr. Wilfredo Mayen
Mayen Const. & Clean Up
10929 Burin Ave.
Inglewood, CA 90304
Mr. Kenneth Fritts
Palos Verdes Pools
23771 Madison Street
Torrance, CA 90505
Mr. Roy Lindahl
Roy's Concrete & Masonry
23223 Mariposa Ave.
Torrance, CA 90502
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Mr. Kris Doolin
A&D Clean -Up Masters
1840.S. Gaffey Street # 208
San Pedro, CA 90731
Mr. Felipe Davila
Alexander Demolition
14000 Halldale Ave.
Gardena, CA 90249
Mr. David Offitzer
American General Roofing
7531/2 Basin St.
San Pedro, CA 90731
Mr. Jeremy Casner
Cosner Construction
1201 6th Street
Manhattan Beach, CA 90266
Mr. Francisco Davila
Davcas, Inc.
841 Big Spring Court
Corona, CA 92880
Mr. Donny Goodwin
Goodwin Enterprises Inc.
PO Box 7388
Capistrano Beach, CA 92624
Mr. Tony Imfeld
JB Bostick Co.
2870 E. La Cresta Ave.
Anaheim, CA 92806
Mr. Robby McKinny
McKinny Construction
PO Box 326
Lomita, CA 90717
Mr. Tim Peterson
Peterson Wozniak, Inc.
440 S. Hindry Ave., #G
Inglewood, CA 90301
Mr. Michael Piro
San Pedro Truck & Tractor
P.O. Box 1015
San Pedro, CA 90733
'
Mr. Abel Medellin
Abel's Clean Up & Hauling
1559 N. Marine Ave.
Wilmington, CA 90744
VERY® 5160®
Mr. Robert Sarkissian
All Service Dsiposal, Inc.
P.O. Box 1678
Montebello, CA 90640
Mr. Chris Leventis
Chris' Hauling
29540 Bernice Dr.
Rancho Palos Verdes, CA 90275
Mr. Luis Calderin
Cuscatlan Trucking, LLC
4740 133rd St.
Hawthorne, CA 90250
Mr. Viliami Mataele
Falkon Construction
23966 Gold Nugget Ave.
Diamond Bar, CA 91765
Mr. Sean Bond
Integ Roof Co.
6331 Cherry Ave.
Long Beach, CA 90808
Mr. Verne Sweeney
JJK Roll Off Inc.
1617 W. Sepulveda Blvd., #3
Torrance, CA 90501
Mr. Albert Navarro
Ocean Pools
6635 Florance Ave., Ste 201
Bell Gardens, CA 90201
Ms. Donna Haupt
R. Haupt Roofing Co.
1305 W. 132nd Street
Gardena, CA 90247
Mr. Heriberto Serna
Serna Companies Inc.
P.O. Box 246
Garden Grove, CA 92842
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Mr. Juan Serrano
Sierra Roof Removal
1204 W. Center St. # 3
Anaheim, CA 92805
Mr. Larry Green
System Paving Inc.
1600 Dove Street
Newport Beach, CA 92660
Mr. Javier Perez
West Coast Waste & Roll Off
3100 Puente St.
Fullerton, CA 92835
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Mr. Ray Fadich
Superior Construction
354 8th Street
San Pedro, CA 90731
Mr. Matt Kroha
TRI-SAM Development Inc
20710 Earl St.
Torrance, CA 90503
AVERY® 5160®
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Ms. Estela Reynoso
System Pavers
3750 S. Susan Street
Santa Ana, CA 92704
Mr. William Waters
Walters Construction
616 El Redondo
Redondo Beach, CA 90277
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COMPANY NAME . -D. '
Street address ' ., ... ,-� " .•
City &State 4' a: ?.. . ' -
First Name'
Last Name . °
Title
119
A-1 All American Roofing
22029 S. Figueroa Street
Carson, CA 90745
Craig
Ekberg
Mr.
128
A&D Clean -Up Masters
1840 S. Gaffey Street # 208
San Pedro, CA 90731
Kris
Doolin
Mr.
87
Abel's Clean Up & Hauling
1559 N. Marine Ave.
Wilmington, CA 90744
Abel
Medellin
Mr.
146
Ace Roll Off Rubbish Service
22022 Moneta Ave.
Carson, CA 90745
Rick
De La Torre
Mr.
72
Alexander Demolition
14000 Halldale Ave.
Gardena, CA 90249
Felipe
Davila
Mr.
104
All Service Dsiposal, Inc.
P.O. Box 1678
Montebello, CA 90640
Robert
Sarkissian
Mr.
149
American General Roofing
753 1/2 Basin St.
San Pedro, CA 90731
David
Offitzer
Mr.
149
American General Roofing
753 1/2 Basin St.
San Pedro, CA 90731
David
Offitzer
Mr.
75
Chris' Hauling
29540 Bernice Dr.
Rancho Palos Verdes, CA 90275
Chris
Leventis
Mr.
74
Concept Construction
805 Teri Ave.
Torrance, CA 90503
Fabian
Dominguez
Mr.
102
Cosner Construction
1201 6th Street
Manhattan Beach, CA 90266
Jeremy
Casner
Mr.
127
Cuscatlan Trucking, LLC
4740 133rd St.
Hawthorne, CA 90250
Luis
Calderin
Mr.
122
CWS
621 W. 152nd Street
Gardena, CA 90247
Eric
Casper
Mr.
147
Davcas, Inc.
841 Big Spring Court
Corona, CA 92880
Francisco
Davila
Mr.
117
Falkon Construction
23966 Gold Nugget Ave.
Diamond Bar, CA 91765
Viliami
Mataele
Mr.
152
G. Garnica Trucking
507 S. Juanita Ave.
Redondo Beach, CA 90277
George
Garnica
Mr.
86
Goodwin Enterprises Inc.
PO Box 7388
Capistrano Beach, CA 92624
Donny
Goodwin
Mr.
113
Inteq Roof Co.
6331 Cherry Ave.
Long Beach, CA 90808
Sean
Bond
Mr.
154
J&B Cleanup & Hauling
PO Box 6202
San Pedro, CA 90734
John
Bulaich
Mr.
118
JB Bostick Co.
2870 E. La Cresta Ave.
Anaheim, CA 92806
Tony
Imfeld
Mr.
98
JJK Roll Off Inc.
1617 W. Sepulveda Blvd., #3
Torrance, CA 90501
Verne
Sweeney
Mr.
153
Mayen Const. & Clean Up
10929 Burin Ave.
Inglewood, CA 90304
Wilfredo
Mayen
Mr.
90
McKinny Construction
PO Box 326
Lomita, CA 90717
Robby
McKinny
Mr.
103
Ocean Pools
6635 Florance Ave., Ste 201
Bell Gardens, CA 90201
Albert
Navarro
Mr.
76
Palos Verdes Pools
23771 Madison Street
Torrance, CA 90505
Kenneth
Fritts
Mr.
131
Peterson Wozniak, Inc.
440 S. Hindry Ave., #G
Inglewood, CA 90301
Tim
Peterson
Mr.
121
R. Haupt Roofing Co.
1305 W. 132nd Street
Gardena, CA 90247
Donna
Haupt
Ms.
93
Roy's Concrete & Masonry
23223 Mariposa Ave.
Torrance, CA 90502
Roy
Lindahl
Mr.
150
San Pedro Truck & Tractor
P.O. Box 1015
San Pedro, CA 90733
Michael
Piro
Mr.
77
Serna Companies Inc.
P.O. Box 246
Garden Grove, CA 92842
Heriberto
Serna
Mr.
151
Sierra Roof Removal
1204 W. Center St. # 3
Anaheim, CA 92805
Juan
Serrano
Mr.
95
Superior Construction
354 8th Street
San Pedro, CA 90731
Ray
Fadich
Mr.
139
System Pavers
3750 S. Susan Street
Santa Ana, CA 92704
Estela
Reynoso
Ms.
73
System Paving Inc.
1600 Dove Street
Newport Beach, CA 92660
Larry
Green
Mr.
111
TRI-SAM Development Inc
20710 Earl St.
Torrance, CA 90503
Matt
Kroha
Mr.
112
Walters Construction
616 El Redondo
Redondo Beach, CA 90277
William
Waters
Mr.
106
West Coast Waste & Roll Off
3100 Puente St.
Fullerton, CA 92835
Javier
Perez
Mr.
Palos Vales
Peninsula News
21250 Hawthome Blvd. Ste 170, Torrance, CA 90503
PROOF OF PUBLICATION
(201 5.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles,
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of eigh-
teen years, and not a party to or interested in the
above -entitled matter. I am the chief legal
advertisng clerk of the publisher of the
PALOS VERDES PENINSULA NEWS
a newspaper of general circulation, printed and
published weekly in the City of Rolling Hills
Estate County of Los Angeles, and which
newspaper has been adjudged a newspaper of
general circulation by the Superior Court of
County of Los Angeles, State of California, under
the date of February 15, 1977
Case Number C824957, that the notice of which
the annexed is a printed copy, has been
published in each regular and entire issue of
said newspaper and not in any supplement
thereof on the following dates, to wit:
Sept 29.
all in the year 2011
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Rolling Hills Estates, California
this 29th of September of 2011
Signature
This space is for the County Clerk's Filing Stamp
P.V.P. News No.10314
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of
the City of Rolling Hills will hold a public hearing during
their regularly scheduled meeting to be held on Monday,
October 10, 20111, commencing at 7:30 p.m., in the
Council Chambers at City Hall, 2 Portuguese Bend' f
Road, Rolling Hills, California to consider the following:
"AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING CHAPTER 8.08 OF THE ROLLING
HILLS MUNICIPAL CODE RELATING TO THE
COLLECTION OF ELECTRONIC WASTE AND
CONSTRUCTION AND DEMOLITION WASTE AND
INSURANCE REQUIREMENTS FOR SOLID WASTE
HAULERS
Any person is welcome to review the staff report prior
to the public hearing at City Hall, 2 Portuguese Bend
Road, Rolling Hills, between the hours of 7:30 a.m. to
5:00 p.m., Monday through Friday, after 4:00 p.m. on
Friday, October 7, 2011
HEIDI LUCE
DEPUTY CITY CLERK . -
Published in Palos Verdes Peninsula News on September
29.2011.
ECEIVED
SEP 3 0 2011
City of Rolling Hills
3y
CITY OF ROLLING HILLS
PROOF OF SERVICE BY MAIL AND POSTING
STATE OF CALIFORNIA
SS
COUNTY OF LOS ANGELES
I am a citizen of the United States. I am over the age of eighteen years and not a party to the
within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California.
On the 29th day of September , 2011, I serve the within
City Council - Public Hearing Notice
Ordinance amending Chapter 8.08 of the Rolling Hills Municipal Code relating to the
collection of electronic waste and construction and demolition waste and insurance
requirements for solid waste haulers.
a copy of which is annexed hereto and made a part hereof, on the person, or persons, named
below by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Rolling Hills, California addressed as follows:
E -MAILED MAILED DELIVERED
PV News None None.
Also posted at City Hall.
I certify (or declare) under penalty of perjury, that the foregoing is true and correct.
Executed on the 29`h day of September
, 2011 at Rolling Hills, California.
EWA NIKODEM
ADMINISTRATIVE ASSISTANT
eery 01 Reelf.:(49 qeeed
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Rolling
Hills will hold a public hearing during their regularly scheduled meeting to be held on
Monday, October 10, 20111, commencing at 7:30 p.m., in the Council Chambers at City
Hall, 2 Portuguese Bend Road, Rolling Hills, California to consider the following:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
CHAPTER 8.08 OF THE ROLLING HILLS MUNICIPAL CODE
RELATING TO THE COLLECTION OF ELECTRONIC WASTE AND
CONSTRUCTION AND DEMOLITION WASTE AND INSURANCE
REQUIREMENTS FOR SOLID WASTE HAULERS
Any person is welcome to review the staff report prior to the public
hearing at City Hall, 2 Portuguese Bend Road, Rolling Hills, between the hours of 7:30
a.m. to 5:00 p.m., Monday through Friday, after 4:00 p.m. on Friday, October 7, 2011.
HEIDI LUCE
DEPUTY CITY CLERK
Published once in the Palos Verdes Peninsula News
Thursday, September 29, 2011
publi chearing-sol idwas te2011. docx
MEMORANDUM
TO:
Solid Waste / Recycling Committee
Mayor Pro Tem Black
Council Member Heinsheimer
FROM: Anton Dahlerbruch, City Manager
SUBJECT:
Proposed updates to the Municipal Code regarding the collection of
construction and demolition waste
DATE: September 6, 2011
Attached you will find a draft staff report with attachments for proposed Municipal
Code updates in regard to the collection of construction and demolition waste. Since
2009, a City permit has been required for hauler's collection of construction and
demolition waste to assure that at least 50% of the material is not deposited in a landfill.
With the experience of the past two years, there are aspects of the permitting
requirement that staff recommends be improved; the proposed updates to the
Municipal Code implement those changes.
Staff intends to agendize the proposed Municipal Code updates for City Council
consideration and introduction at its meeting of October 10, 2011. If you would like to
meet and discuss this prior to it being agendized, please advise.
of t .
Thank you.
TO:
FROM:
SUBJECT:
ea, Reetift9
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No:
Mtg. Date: 10-10-11
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ANTON DAHLERBRUCH, CITY MANAGER
CONSIDERATION OF AN ORDINANCE OF THE CITY OF ROLLING
HILLS AMENDING CHAPTER 8.08 OF THE ROLLING HILLS
MUNICIPAL CODE RELATING TO THE COLLECTION OF
ELECTRONIC WASTE AND CONSTRUCTION AND DEMOLITION
WASTE AND INSURANCE REQUIREMENTS FOR SOLID WASTE
HAULERS
DATE: SEPTEMBER 6, 2011
ATTACHMENTS:
Proposed Solid Waste Ordinance ' '
Relevant Portions of Section 8.08 of the Municipal Code
RECOMMENDATION
It is recommended that the City Council introduce and conduct its first reading of an
ordinance that amends Chapter 8.08 of the Rolling Hills Municipal Code relating to the
collection of construction or demolition waste.
BACKGROUND
In March 2009, the City Council updated the Municipal Code pertaining to the
collection of solid waste and recyclables. In doing so, a provision was implemented
requiring haulers of construction and demolition (C&D) waste to obtain a permit from
the City for collecting and disposing of construction waste. Construction and
demolition waste is defined as follows in the Municipal Code:
Any debris resulting from the construction, modification or demolition of any structure,
roadway or property, 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 project.
The permit requires haulers to report to the City the amount of construction waste
deposited in the landfill and diverted away from the landfill. As a result of this, the
City has successfully improved its compliance with the state -mandated 50% diversion
rate.
The City does not restrict the number of haulers that may obtain a permit to work in the
community and, in addition, offers haulers the choice of an annual permit or an
individual property permit. The annual permit ($250) authorizes the hauler to service
any property in the City within a twelve-month period; it is usually obtained by a
hauler serving multiple properties. An individual permit ($25) authorizes the hauler to
service a specific address; it is obtained when the hauler expects to only service a few
addresses. Since 2009, there have been approximately two annual permits issued per
year. In 2010, there were 54 individual permits issued and, in 2011 to date, there have
been 55 individual permits issued. A hauler's failure to meet the conditions of the
permit results in revocation of the permit for three -years and thus, the inability to
conduct business in the City. The Municipal Code also requires the City's withholding
of a Certificate of Occupancy if the hauler fails to meet the diversion requirement.
With two and one-half years of administering the C&D permit, there have been a
variety of challenges primarily associated with the enforcement and reporting that the
proposed ordinance is intended to address.
DISCUSSION
The proposed ordinance mainly accomplishes the following:
1. To avoid or minimize non-compliance with the diversion requirement, the
ordinance eliminates the option for haulers to obtain an annual permit and, it
requires quarterly reports
With an annual permit, the City is not aware of the addresses the hauler services nor
is there an effective and enforceable way to require the hauler to advise the City of
its clients. Therefore, the City only finds out the service address when a particular
project is complete and the hauler submits its final report for the address. At that
time, it is too late to address reporting and/or disposal problems. By issuing only
individual permits, the City will know the hauler serving each property and, by
requiring quarterly reports, the City will know if it appears that the diversion
requirement will be met.
2. To eliminate a property owner's/resident's responsibility for the hauler's non-
compliance, the ordinance removes the reference to withholding the Certificate of
Occupancy
The property owner/resident does not have affective control over where haulers
dispose of construction and demolition waste. Therefore, it has not been effective to
hold the property owner/resident responsible and delay or deny a Certificate of
Occupancy for a project. In situations were there is non-compliance or reporting
issues, staff has worked with the hauler to address the situation. The potential of
having a permit revoked and prohibiting operations in the City for three -years, so
far, has been effective in obtaining compliance with the C&D permit.
3. To address non-compliance other than revoking a C&D permit and prohibiting a
hauler from operating in the City for three -years, the ordinance creates a
probationary period that allows a hauler to rectify the situation.
Recently, there was one hauler, with an annual permit, who did not comply with the
50% diversion requirement. After revoking the permit and prohibiting their
business in the City for three -years, the hauler went to great effort to rectify their
problems. However, the Municipal Code does not provide staff with the ability to
re -instate the permit earlier than three -years. By providing staff with the
opportunity to place a hauler on probation for a period of time under conditions, the
hauler may be authorized to continue working in the City.
In addition, the ordinance provides additional language pertaining to the insurance
requirements; it is language requiring a hauler to identify their deductable or self-
insurance -retention, which just codifies what the City already requests with each
application. It also revises the definitions of bulky items, solid waste, electronic waste,
garbage, green waste and rubbish; the definitions are not new. They had been listed
under "solid waste;" herein, they are listed as stand alone definitions to be more clear.
FISCAL IMPACT
The fiscal impact from the proposed changes in the Municipal Code is expected to be
inconsequential. Approximately two annual permits are issued a year. It is not known
if there will be a significant increase in the number of individual permits as a result of
discontinuing the annual permit.
NOTIFICATION
This item was included on the draft agenda in the City newsletter. In addition, notice of
this item was sent to all haulers with active C&D permits, Allied Waste as the City's
franchise hauler, and the Rolling Hills Community Association.
CONCLUSION
It is recommended that the City Council introduce and conduct its first reading of
ordinance x'wxxxz'�x ! updating the provisions of the Municipal Code pertaining to
construction or demolition waste.
AD
Solid Waste Ordinance update staff report.doc
THIS PAGE INTENTIONALLY LEFT BLANK
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING CHAPTER 8.08 OF THE ROLLING HILLS
MUNICIPAL CODE RELATING TO THE
COLLECTION OF ELECTRONIC WASTE AND
CONSTRUCTION AND DEMOLITION WASTE AND
INSURANCE REQUIREMENTS FOR SOLID WASTE
HAULERS
The City Council of the City of Rolling Hills does ordain as follows:
SECTION 1. The following definitions for "Bulky items" and "Solid Waste" in the
alphabetical list of defmitions in Section 8.08.020 of Title 8 of the Rolling Hills
Municipal Code are hereby amended to read as follows:
"Bulky items" means and includes, without limitation, large and small household
appliances, furniture, carpets, mattresses, tires, and unusually large amounts of yard
debris, brush clearance and Green Waste. Bulky Items does not include car bodies
Construction and Demolition Debris or items requiring more than two persons to remove.
E -Waste may be collected as Bulky Items if provided for in a Franchise Agreement.
"Solid waste" means all discarded garbage, green waste, manure, vegetable or animal
solid, semisolid or liquid wastes, recyclable materials, or rubbish of every kind and
character, but excluding E -Waste and Hazardous Waste, that is generated by and at the
physical location where the waste is collected.
SECTION 2. The definition of "electronic hazardous waste" is hereby repealed, a new
definition for "Electronic Waste" is hereby added and the definitions for "Garbage,"
"Green Waste," and "Rubbish" are relocated to the alphabetical list of definitions in
Section 8.08.020 of Title 8 of the Rolling Hills Municipal Code to read as follows:
"Electronic Waste (E -Waste)" means any discarded electronic product or devise
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. For purposes of this Chapter, E -waste
shall not be considered Solid Waste, but may be collected as a Bullcy Item, recyclable
material or through special Collections, if provided for in a Franchise Agreement.
"Garbage" means all waste capable of spoiling or decaying which generally includes but
is not limited to kitchen and table food waste, animal, vegetative, food or any organic
Page 1 of 6
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 grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps,
flowers, plant stalks, wood and other forms of organic waste not more than five feet in its
longest dimension or with a diameter not more than six inches or weights not more than
fifty pounds.
"Rubbish" means without limitation, accumulation of unwanted material to be disposed
of such as paper, polystyrene, excelsior, pottery, rags, cloth, boxes and containers, sweep -
ups and all other accumulations of a nature other than garbage, green waste or recyclable
materials.
SECTION 3. A new subsection (C) is hereby added to Section 8.08.150 of Title 8 of the
Rolling Hills Municipal Code to read as follows:
C. All policies required by this Chapter shall allow City, as additional insured, to satisfy
the self -insured retention ("SIR") and/or deductible of the policy in lieu of the Collector
(as the named insured) should Collector fail to pay the SIR or deductible requirements.
The amount of the SIR or deductible shall be subject to the approval of the City Attorney
and City Manager. Satisfaction of this requirement is an express condition precedent to
the effectiveness of any Franchise Agreement or Permit issued under this Chapter.
Failure by Collector as primary insured to pay its SIR or deductible constitutes a violation
of the requirement to maintain insurance in this Section and a material breach of any
Franchise Agreement. Should City pay the SIR or deductible on Collector's behalf upon
the Collector's failure or refusal to do so in order to secure defense and indemnification
as an additional insured under the policy, City may include such amounts as damages in
any action against Collector for violation of the requirement to maintain insurance in this
Section or breach of the Franchise Agreement, in addition to any other damages incurred
by City due to such violation or breach.
SECTION 4. Section 8.08.440 of Title 8 of the Rolling Hills Municipal Code is hereby
amended to read as follows:
8.08.440 Prohibited waste.
A. Hazardous waste and any other form of waste that does not meet the definition of solid
waste or recyclable materials shall not be disposed of with solid waste or recyclables for
regular solid waste collection by a Collector. Notwithstanding, E -waste may be collected
as a Bulky Item, recyclable material or through special Collections, if provided for in a
Franchise Agreement.
Page 2 of 6
B. A Collector shall develop and implement a public information and education program
for E -waste disposal and recycling, hazardous waste and any other prohibited waste,
approved by the City Manager.
C. Customers shall dispose of hazardous waste and any other form of prohibited waste at
special collection centers operating throughout the region. A list of such collections
centers is available at City Hall.
SECTION 5. Section 8.08.580 of Title 8 of the Rolling Hills Municipal Code is hereby
amended to read as follows:
8.08.580: Construction or demolition waste.
A. Minimum construction or demolition waste diversion requirements •
Every covered project shall divert at least fifty percent (50%), measured by weight, of all
construction or demolition waste generated by the covered project.
B. Exempt projects.
The diversion and reporting requirements of this Section shall not apply to the following
projects:
1. Any construction, remodeling or demolition project that does not generate Recyclable
Materials or Construction/Demolition Waste.
2. 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.
The City Manager shall be authorized to make a final determination of whether a project
is a covered or an exempt project.
C. Construction/demolition hauling permit.
1. A construction/demolition hauling permit may be issued pursuant to this Section to
Construction/Demolition Haulers under contract with a property owner in the city and
who are not engaged in the regular collection of refuse in the city.
2. Permit required. No person or solid waste enterprise shall remove construction and
demolition waste from a covered project within the City without first obtaining a
construction/demolition hauling permit or a franchise under Chapter 8.08. Residents shall
only use a permitted Construction/Demolition Hauler or a Franchised Collector, for
removal of Construction/Demolition Waste from any Covered Project within the City.
3. Application for construction/demolition hauling permit. An application for a permit
shall be filed with the City Manager and be accompanied by an application fee in an
Page 3 of 6
amount set by City Council resolution to reimburse the City for all expenses incurred by
it in connection with granting the permit.
The application shall include, at a minimum, the following information:
a) Name, address, telephone number of the applicant and any other principals in
the hauler's business.
b) Name, address, and resident telephone number of the subject
construction/demolition project, and a copy of the service agreement for
Collection services at the site.
c) The type and amount of materials and waste material that the hauler is capable
of transporting.
d) The number of vehicles that the Hauler utilizes.
e) 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.
f) Such other pertinent facts or information as the City Manager may require
including but not limited to evidence of state certification, evidence of previous
experience, and demonstration of reliable and safe equipment.
4. In order to be legally qualified to obtain a construction/demolition hauler permit:
a) The applicant shall be willing and able to comply with the provisions of this
Code, applicable law, and all requirements of the permit.
b) The applicant shall have demonstrated ability to remove and transport the
required construction/demolition waste to the appropriate waste disposal facilities
c) The applicant shall not have filed materially misleading information in its
application or intentionally withheld information that the applicant lawfully is
required to provide.
d) The applicant shall not have violated the terms of this Section or a probation
order issued by the City Manager, or had a construction/demolition hauling permit
revoked, on another construction or demolition project in the City for three year
period preceding the date of application, as provided in Subsection F.3 below.
5. Issuance of permits. The City Manager may issue a limited construction/demolition
hauler permit to Collect and Divert Construction/Demolition Waste from a specific
project site in the City, subject to such conditions as are necessary to protect the public
health, safety and welfare and to assure that the permit is exercised for its circumscribed
purposes. A permit shall not be transferred to another person or solid waste enterprise.
Page 4 of 6
Permits shall remain in effect for the amount of time specified on the permit, unless an
extension is granted in writing by the City Manager for the purpose of completing work
on the specified project. Extension request shall be submitted in writing, no less than
thirty days before expiration of the permit. The City Manager may grant an extension
subject to the criteria set forth in Subsection 8.08.580.C.3.
6. A permitted construction/demolition hauler shall be subject to the following provisions
of Chapter 8.08: Sections 8.08.150 Collector's liability insurance; 8.08.160 Worker's
compensation insurance; 8.08.170 Indemnification; 8.08.190 Responsibility for
Damages; 8.08.200 Office for inquiries and complaints; 8.08.210 Permits and licenses;
8.08.260 City Inspection Authority; 8.08.270 Vehicle identification; 8.08.290 Operation
of equipment; 8.08.330 Hours of collection; 8.08.340 Litter; 8.08.360 Trespass, 8.08.370
Noise; 8.08.380 Ownership; 8.08.390 Disposal, 8.08.400 Resource recovery, and all other
applicable provisions of the Municipal Code.
D. Records.
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 City Manager that can be converted to tonnage.
E. Reporting.
1. Every three months from the date the permit is issued, the hauler shall submit under
penalty of perjury, documentation to the satisfaction of the Manager establishing
compliance with the requirements of this Section. The documentation shall consist of a
completed "Quarterly Recycling and Waste Reduction Compliance Report," showing the
weight of materials disposed and diverted, supported by evidence satisfactory to the
Manager, which may include originals or photocopies of receipts and weight
tickets/invoices or other records of measurement from recycling and/or landfill disposal
companies. Receipts and weight tickets may be required by the Manager to verify the
amount of construction or demolition waste generated from the site that has been
diverted.
2. Within thirty (30) calendar days following the completion of any covered project, the
hauler shall submit under penalty of perjury documentation to the satisfaction of the
Manager establishing compliance with the requirements of this Section. 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 Manager, 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 Manager to verify the amount of construction or demolition waste
generated from the site that has been diverted.
F. Probation and Revocation
Page 5 of 6
1. Failure by a permitted Hauler to comply with the Diversion and/or reporting
requirements of this Section may result in automatic revocation of the
Construction/Demolition Hauler Permit, or in the City Manager's discretion a probation
order.
2. The Manager is authorized to put a hauler on probation when the Hauler fails to
submit quarterly reports, or fails to demonstrate compliance with the diversion
requirements in the quarterly reports, or final compliance report. A probation order shall
be in writing and provide the Hauler an opportunity to demonstrate compliance with the
reporting and Diversion requirements in future "Quarterly Recycling and Waste
Reduction Compliance Reports" and/or the "Recycling and Waste Reduction Final
Compliance Report." The probation order may impose reasonable conditions on the
Hauler aimed at achieving compliance with such requirements.
3. A Hauler whose permit has been revoked, or who has failed to comply under a
probation order, shall be notified in writing and shall not be eligible for a new permit for
a period of three years from the date of the final written decision.
4. The Manager's decision to issue a probation order or to revoke a permit may be
appealed to the City Council in the same manner as decisions are appealed under Section
8.08.090 through 8.08.130.
G. Monitoring responsibility of Manager.
The City Manager shall monitor each covered project for compliance with this Section.
H. Implementing Regulations
The Manager 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.
Page 6 of 6
RELEVANT PORTIONS OF SECTION 8.08 OF THE MUNICIPAL CODE
I. - DEFINITIONS
8.08.020 - Definitions.
The following words and phrases, for the purposes of this Chapter, are defined as follows:
"AB 939" or "Act" means the California Integrated Waste Management Act of 1989, Public Resources Code
Sections 40000, et seq., as they now exist or may subsequently be amended.
"Building Official" has the same meaning as the word is used in Section 15.04.040 of this Code.
"Bulky items" means and includes, without limitation, large and small household appliances, furniture, carpets,
mattresses, tires and oversized yard waste such as tree trunks and large branches not larger than two feet (2') in
diameter and four feet (4') in length.
"City" means the City of Rolling Hills.
"Collection" means the operation of gathering together and/or transporting by means of a motor vehicle any
classification of solid waste or recyclables within the City.
"Collector" means any person who has been issued a franchise to provide solid waste and/or recyclable materials
collection services in the City.
"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 permit
issued under Section 8.08.580.C.
"Construction/demolition waste" means any debris resulting from the construction, modification or demolition of
any structure, roadway or property, 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
project.
"Construction, remodeling or demolition project" means any alteration to a building, structure or landscaping that
requires a building 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, collection and removal of solid waste, recyclables, construction/demolition waste and green waste.
"Covered project" means any construction, remodeling or demolition project that is not exempt pursuant to
Section 8.08.580.B.
"Customer" means persons, including both owners and occupiers of residential property in the City who obtain
collection services from a Collector pursuant to this chapter.
"Designated collection location" means the place where the customer shall place, and from where a Collector is to
collect, solid waste and recyclables in containers designated for that purpose.
"Disposal" means the complete operation of treating and/or disposing of solid waste after the collection thereof.
"Divert, diverted and diversion" shall have the same meaning as the words are defined in Public Resources Code
§ 40124, as amended.
"Electronic hazardous waste" means electronic products that contain hazardous substances as identified by the
California Department of Toxic Substances Control, such as lead or mercury and include without limitation cathode ray
tube (CRT) devices (including televisions and computer monitors); LCD desktop monitors; laptop computers with LCD
displays; LCD televisions; plasma televisions, and portable DVD players with LCD screens. Electronic hazardous waste
shall not be considered solid waste for purposes of this chapter. Electronic waste means any electronic product with a
circuit board or battery, including without limitation personal computers, monitors, televisions, keyboards, printers,
telephones (including cell phones), fax machines, calculators, copiers, video game systems and audio equipment.
Electronic waste shall not be considered solid waste for purposes of this chapter.
"Franchise agreement" or "agreement" means the solid waste collection agreement entered into between a solid
waste enterprise and the City, approved by the City Council that sets forth all of the rights and obligations of the
franchise, consistent with this Chapter and state law.
Page 1
"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, the
Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901, et seq., the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et seq., the Carpenter -
Presley -Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health and Safety Code Sections
25300 et seq.; and all future amendments to any of them, or as defined by the Environmental Protection Agency, the
California Legislature, the California Integrated Waste Management Board, 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.
"Holiday" means:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
"Holiday" also means any other day designated as such in a contract between a Collector and the labor union
serving as the exclusive representative of that Collector's employees, provided the holiday is established or recognized
by resolution of the City Council or in a franchise agreement between the City and a Collector.
"Manager" or "City Manager" means the City Manager or his/her designee of the City.
"Manure" means the waste droppings or matter from any animal normally accumulated and associated with
stables or livestock and not disposed of through sewers or on -site wastewater systems.
"Notice" means notice sent by first-class certified mail, or facsimile or email delivery if agreed to by the parties
under the franchise agreement.
"Officer" means the president, vice-president, treasurer or other duly designated representative of a Collector.
"Parcel of real property" means a parcel of real property as shown on the local secured tax rolls of the County of
Los Angeles.
"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.
"Permittee" means any person that had applied for and received a building or demolition permit to undertake a
construction, remodeling or demolition project covered by this ordinance within the City.
"Public agency" means any governmental agency or department thereof, whether federal, state, or local.
"Recyclable materials" means reusable waste materials, including but not limited to metal, glass, plastic and
paper, cardboard, and green waste, that are to be collected, separated or processed and used as raw materials.
"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 material 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 in Public Resources Code Section 40201.
"Residential premises" means any residential property in the City.
"Service yard" means a yard surrounding portion of a residential dwelling required under the Rolling Hills Zoning
Ordinance and/or the Rolling Hills Community Association Rules, and enclosed by a fence or wall.
"Solid waste" means garbage, green waste, manure, vegetable or animal solid or semisolid wastes, recyclables,
or rubbish of every kind and character, that is generated or accumulates in residential and public facilities. Solid waste
must be generated by and at the physical location wherein the solid waste is collected and does not include electronic
waste, electronic hazardous waste or hazardous waste. Solid waste includes:
Page 2 ;
A.
Garbage. All 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.
B.
Green Waste. Any vegetative matter resulting from regular and routine yard and landscaping maintenance
or seasonal variations. Green waste includes plant debris, such as grass clippings, leaves, pruning, weeds,
branches, brush, holiday trees, stumps, flowers, plant stalks, wood and other forms of organic waste not
more than five feet in its longest dimension or with a diameter not more than six inches or weights not more
than fifty pounds.
C.
Rubbish means without limitation, accumulation of unwanted material to be disposed of such as paper,
polystyrene, excelsior, pottery, rags, cloth, boxes and containers, sweep -ups and all other accumulations
of a nature other than garbage, green waste or recyclable materials.
"Solid waste enterprise" means any person, partnership, joint venture, unincorporated private organization or
private corporation regularly engaged in the business of providing solid waste handling services. This definition does not
include persons providing tree trimming or brush clearance services.
"Tonnage form" means the document adopted by the City Council which is used to determine the net amount of
solid waste and/or recyclables disposed of in a permitted or certified facility.
"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" means the process of moving solid waste through the City.
"Waste disposal facility" or "facility" means any landfill, transfer station, incinerator, land reclamation project,
recycling facility or other similar site or facility which is used or intended to be used for the transfer, consolidation,
processing or disposal of solid waste or recyclables.
"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.
(Ord. No. 314, § 1, 2-23-2009)
111. - GENERAL REQUIREMENTS
8.08.150 - 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 franchisee's activities. The insurance shall be in an amount set forth in the franchise
agreement. Such insurance shall be procured from an insurer authorized to do business in the State of California,
shall name the City of Rolling Hills and its officers, employees and agents as additional insureds and shall not be
canceled or modified without first giving to City thirty calendar days' prior written notice. 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, must be filed with the
City Manager before a solid waste franchise becomes effective.
B.
In the event of suspension, cancellation, or termination of the insurance by the provider without obtaining
substitute insurance meeting the requirements in subsection A above, the franchise shall be immediately
suspended 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.
(Ord. No. 314, § 1, 2-23-2009)
Page 3r
8.08.440 - Prohibited waste.
A.
Electronic waste, electronic hazardous waste, and any other form of waste that does not meet the definition of
solid waste or recyclable materials shall not be disposed of with solid waste or recyclables for regular solid waste
collection by a Collector.
B.
A Collector shall develop and implement a public information and education program for electronic waste,
electronic hazardous waste disposal and recycling, hazardous waste and any other prohibited waste, approved by
the City Manager.
C.
Customers shall dispose of electronic waste, electronic hazardous waste, hazardous waste and any other form of
prohibited waste at special collection centers operating throughout the region. A list of such collections centers is
available at City Hall.
(Ord. No. 314, § 1, 2-23-2009)
8.08.580: - Construction or demolition waste.
A.
B.
Minimum construction or demolition waste diversion requirements. Every covered project shall divert at least fifty
percent, measured by weight, of all construction or demolition waste generated by the covered project.
Exempt projects. The diversion and reporting requirements of this Section shall not apply to the following projects:
1.
2.
Any construction, remodeling or demolition project that does not require a building permit and does not
generate recyclable materials and construction and demolition waste.
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.
Notwithstanding the exemptions set forth in this paragraph, permitees working on exempt projects are
encouraged to divert as much construction or demolition waste as practicable and encouraged to use permitted haulers
for removal of waste from the project.
C.
Construction/demolition hauling permit.
1.
2.
Permit required. No person or solid waste enterprise shall remove construction and demolition waste from
a covered project within the City without first obtaining a construction/demolition hauling permit. The City
Manager shall maintain a list of all permitted construction/demolition haulers and residents shall only use a
permitted construction/demolition hauler for removal of construction/demolition waste from any covered
project within the City.
Application for construction/demolition hauling permit. An application for a permit shall be filed with the City
Manager and be accompanied by an application fee in an amount set by City Council resolution to
reimburse the City for all expenses incurred by it in connection with granting the permit. The application
shall include, at a minimum, the following information:
a.
b.
c.
d.
e.
Name, address, telephone number of the applicant and any other principals in the hauler's business.
The type and amount of materials and waste material that the hauler is capable of transporting.
The number of vehicles that the enterprise utilizes.
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.
Such other pertinent facts or information as the City Manager may require including but not limited
to evidence of state certification, evidence of previous experience, and demonstration of reliable and
safe equipment.
3.
In order to be legally qualified to obtain a construction/demolition hauler permit:
a.
The applicant shall be willing and able to comply with the provisions of this Code, applicable law,
and all requirements of the permit.
b.
The applicant shall have demonstrated ability to remove and transport the required
construction/demolition waste to the appropriate waste disposal facilities.
c.
The applicant shall not have filed materially misleading information in its application or intentionally
withheld information that the applicant lawfully is required to provide.
4.
Issuance of permits. The City Manager may issue a non-exclusive construction/demolition hauler permit
subject to such conditions as are necessary to protect the public health, safety and welfare and to assure
that the permit is exercised for its circumscribed purposes. A permit shall not be transferred to another
person or solid waste enterprise. Permits shall remain in effect for one year and must be renewed annually.
5.
A permitted construction/demolition hauler shall be subject to the following provisions of Chapter 8.08:
Sections 8.08.150 Collector's liability insurance, 8.08.160 Worker's compensation insurance, 8.08.170
Indemnification, 8.08.190 Office for inquiries and complaints, 8.08.200 Permits and licenses, 8.08.250
Vehicle identification, 8.08.260, City Inspection Authority, 8.08.270 Operation of equipment, 8.08.310
Hours of collection, 8.08.320 Litter, 8.08.340 Trespass, 8.08.350 Noise, 8.08.360 Ownership, 8.08.370
Disposal, 8.08.380 Resource recovery, and all other applicable provisions of the Municipal Code.
6.
Failure by a permitted hauler to comply with the diversion and/or reporting requirements of this section will
result in automatic revocation of the construction/demolition hauler permit. A hauler whose permit has been
revoked shall not be eligible to reapply for a new permit for a period of three -years from the date of
revocation.
D.
Condition precedent to issuance of building or demolition permit. As a part of any application for, and prior to the
issuance of, any building or demolition permit for a covered project, every permittee shall identify the permitted
hauler that has been designated to remove all construction/demolition waste associated with the project. The
application shall also be accompanied by a construction/demolition waste fee, set by resolution of the City Council
to reimburse the City for all expenses incurred by it in connection with monitoring compliance with this section.
E.
Records. 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 City Manager that can be converted
to tonnage.
F.
Reporting. Within thirty calendar days following the completion of any covered project, the hauler 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 Manager establishing compliance with the requirements of
this Section. 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
Manager, 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 Manager to verify the amount of construction or demolition waste generated from the site that
has been diverted.
If a project involves issuance of both a demolition and building permit, the report and documentation for the
demolition permit shall be submitted to and approved by the Manager before issuance of a building permit.
G.
Monitoring responsibility of Manager. The City Manager shall monitor each covered project for compliance with
this section.
H.
Implementing regulations. The Manager 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.
(Ord. No. 314, § 1, 2-23-2009)
ORDINANCE NO. 314
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING
HILLS MUNICIPAL CODE RELATING TO THE COLLECTION
OF SOLID WASTE AND RECYCLABLES
The City Council of the City of Rolling Hills does ordain as follows:
Section 1. Title 8, Chapter 8.08 of the Rolling Hills Municipal Code is amended in its
entirety to read as follows:
Chapter 8.08
SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION*
Sections:
8.08.010 Purpose.
DEFINITIONS
Sections:
8.08.020 Definitions.
II
FRANCHISES
Sections:
8.08.030 Franchise requirement.
8.08.040 Franchise.
8.08.050 Franchise terms.
8.08.060 Transfer of franchise.
8.08.070 Franchise fee.
8.08.080 Interim suspension.
8.08.090 Appeals.
8.08.100 Council action.
8.08.110 Revocation or modification of franchise..
8.08.120 Notice of hearing on Franchise.
8.08.130 City council decision.
8.08.140 Cessation of operations.
III
GENERAL REQUIREMENTS
Sections:
8.08.150 Collector's liability insurance.
8.08.160 Worker's compensation insurance.
8.08.170 Indemnification.
8.08.180 Bonds.
8.08.190 Responsibility for damages.
8.08.200 Office for inquiries and complaints.
8.08.210 Permits and licenses.
8.08.220 Fees and charges.
8.08.230 Collection rates.
8.08.240 Collection of charges.
8.08.250 Required monthly reports.
8.08.260 City inspection authority.
IV
VEHICLES
Sections:
8.08.270 Vehicle identification.
Ordinance No. 314 -1-
8.08.280 •Amount and type of equipment.
8.08.290 Operation of equipment.
8.08.300 Compliance with vehicle standards.
V
COLLECTION/MANDATORY SERVICE
Sections:
8.08.310 Mandatory service.
8.08.320 Frequency of collection.
8.08.330 Hours of collection.
8.08.340 Litter.
8.08.350 Employees of collector.
8.08.360 Trespass.
8.08.370 Noise.
8.08.380 Ownership.
8.08.390 Disposal.
8.08.400 Resource recovery.
8.08.410 Collection of recyclable materials.
8.08.420 Collection of green waste.
8.08.430 Backyard residential compositing
8.08.440 Prohibited waste.
VI
CONTAINERS
Sections:
8.08.450 Care of containers.
8.08.460 Unauthorized removal from containers.
8.08.470 Tampering with containers.
8.08.480 Covering containers for solid waste.
8.08.490 Unauthorized setting out of containers.
8.08.500 Containers at residential premises.
8.08.510 Accumulation of solid waste prohibited.
8.08.520 Placement of containers at residential premises.
8.08.530 Container storage areas.
VII
EXCLUSIONS
Sections:
8.08.540 Residential waste and recyclable exclusion.
8.08.550 Dwellings under construction.
8.08.560 Gardner's exclusion.
8.08.570 Commercial recycler exclusion for source -separated recyclables
8.08.580 Construction or demolition waste.
8.08.010 Purpose.
This Chapter is adopted in accordance with Article XI, §7 of the California Constitution
and Public Resources Code § 40059 e seq., in order to protect the public health, safety,
and well-being, control the spread of vectors, and to limit sources of air pollution, noise
and traffic from waste hauler vehicles within the City.
DEFINITIONS
8.08.020 Definitions.
The following words and phrases, for the purposes of this Chapter, are defined as
follows:
"AB 939" or "Act" means the California Integrated Waste Management Act of 1989,
Public Resources Code Sections 40000, et seq.,. as they now exist or may subsequently be
amended.
Ordinance No. 314
Building Official. "Building Official" has the same meaning as the word is used in
Section 15.04.040 of this Code.
"Bulky items" means and includes, without limitation, large and small household
appliances, furniture, carpets, mattresses, tires and oversized yard waste such as tree
trunks and large branches not larger than two feet (2') in diameter and four feet (4') in
length.
"City" means the City of Rolling Hills.
"Collection" means the operation of gathering together and/or transporting by means of a
motor vehicle any classification of solid waste or recyclables within the City.
"Collector" means any person who has been issued a franchise to provide solid waste
and/or recyclable materials collection services in the City.
"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 permit issued under Section 8.08.580.C.
"Construction/Demolition Waste" means any debris resulting from the construction,
modification or demolition of any structure, roadway or property, 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 project.
Construction, Remodeling or Demolition Project. "Construction, Remodeling or
Demolition Project" means any alteration to a building, structure or landscaping that
requires a building 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, collection and removal of solid waste, recyclables,
construction/demolition waste and green waste.
"Covered Project" means any construction, remodeling or demolition project that is not
exempt pursuant to Section 8.08.580.B.
"Customer" means persons, including both owners and occupiers of residential property
in the City who obtain collection services from a Collector pursuant to this Chapter.
"Designated collection location" means the place where the customer shall place, and
from where a Collector is to collect, solid waste and recyclables in containers designated
for that purpose.'
"Disposal" means the complete operation of treating and/or disposing of solid waste after
the collection thereof.
"Divert, Diverted and Diversion" shall have the same meaning as the words are defined
in Public Resources Code § 40124, as amended.
"Electronic hazardous waste" means electronic products that contain hazardous
• substances as identified by the California Department of Toxic Substances Control, such
as lead or mercury and include without limitation cathode ray tube (CRT) devices
(including televisions and computer monitors); LCD desktop monitors; laptop computers
with LCD displays; LCD televisions; plasma televisions, and portable DVD players with
LCD screens. Electronic hazardous waste shall not be considered solid waste for
purposes of this Chapter. Electronic waste means any electronic product with a circuit
board or battery, including without limitation personal computers, monitors, televisions,
keyboards, printers, telephones (including cell phones), fax machines, calculators,
copiers, video game systems and audio equipment. Electronic waste shall not be
considered solid waste for purposes of this Chapter.
Ordinance No. 314 -3-
"Franchise agreement" or "Agreement" means the Solid Waste Collection Agreement
entered into between a solid waste enterprise and the City, approved by the City Council
that sets forth all of the rights and obligations of the franchise, consistent with this
Chapter and state law.
"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, the Resource Conservation and Recovery Act
("RCRA"), 42 U.S.C. Sections 6901, et seq., the Comprehensive Environmental
Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et
seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act ("HSAA"),
codified at California Health and Safety Code Sections 25300 et seq.; and all future
amendments to any of them, or as defined by the Environmental Protection Agency, the
California legislature, the California Integrated Waste Management Board, 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.
"Holiday" means:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
"Holiday" also means any other day designated as such in a contract between a Collector
and the labor union serving as the exclusive representative of that Collector's employees,
provided the holiday is established or recognized by resolution of the City Council or in a
franchise agreement between the City and a Collector.
"Manager" or "City Manager" means the City Manager or his/her designee of the City.
"Manure" means the waste droppings or matter from any animal normally accumulated
and associated with stables or livestock and not disposed of through sewers or on -site
wastewater systems.
•
"Notice" means notice sent by first-class certified mail, or facsimile or email delivery if
agreed to by the parties under the franchise agreement.
"Officer" means the president, vice-president, treasurer or other duly designated
representative of a Collector.
"Parcel of real property" means a parcel of real property as shown on the local secured
tax rolls of the County of Los Angeles.
"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.
"Permittee" means any person that had applied for and received a building or demolition
permit to undertake a construction, remodeling or demolition project covered by this
ordinance within the City.
"Public agency" means any governmental agency or department thereof, whether federal,
state, or local.
Ordinance No. 314 -4-
"Recyclable materials" means reusable waste materials, including but not limited to
metal, glass, plastic and paper, cardboard, and green waste, that are to be collected,
separated or processed and used as raw materials.
"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 material 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 in Public Resources Code Section
40201.
"Residential premises" means any residential property in the City.
"Service yard" means a yard surrounding portion of a residential dwelling required under
the Rolling Hills Zoning Ordinance and/or the Rolling Hills Community Association
Rules, and enclosed by a fence or wall.
"Solid waste" means garbage, green waste, manure, vegetable or animal solid or
semisolid wastes, recyclables, or rubbish of every kind and character, that is generated or
accumulates in residential and public facilities. Solid waste must be generated by and at
the physical location wherein the solid waste is collected and does not include electronic
waste, electronic hazardous waste or hazardous waste. Solid waste includes:
A. Garbage. All 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.
B: Green Waste. Any vegetative matter resulting from regular and routine yard
and landscaping maintenance or seasonal variations. Green waste includes plant debris,
such as grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps,
flowers, plant stalks, wood and other forms of organic waste not more than five feet in its
longest dimension or with a diameter not more than six inches or weights not more than
fifty pounds.
C. Rubbish means without limitation, accumulation of unwanted material to be
disposed of such as paper, polystyrene, excelsior, pottery, rags, cloth, boxes and
containers, sweep -ups and all other accumulations of a nature other than garbage, green
waste or recyclable materials.
"Solid waste enterprise" means any person, partnership, joint venture, unincorporated
private organization or private corporation regularly engaged in the business of providing
solid waste handling services. This definition does not include persons providing tree
trimming or brush clearance services.
"Tonnage form" means the document adopted by the City Council which is used to
determine the net amount of solid waste and/or recyclables disposed of in a permitted or
certified facility.
"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" means the process of moving solid waste through the City.
"Waste disposal facility" or "facility" means any landfill, transfer station, incinerator,
land reclamation project, recycling facility or other similar site or facility which is used
or intended to be used for the transfer, consolidation, processing or disposal of solid
waste or recyclables.
Ordinance No. 314 -5-
"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. .
11
FRANCHISES
8.08.030 Franchise requirement.
The City Council may authorize, by franchise, a solid waste enterprise to provide
solid waste collection and recycling services for residential users or customers in the
City. In the sole discretion of the City Council, the solid waste handling services may be
authorized on an exclusive or nonexclusive basis, and 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. Except as otherwise provided for in this Chapter, no person shall
collect and/or dispose of solid waste or recyclables in the City without having first been
awarded a solid waste collector franchise and entered into a franchise agreementwith the
City or after having received a limited permit for collection of construction and
demolition waste pursuant to Section 8.08.580. A franchise shall be in addition to any
business license or permit otherwise required by the City. All such franchisees shall
comply with all of the requirements of this Chapter. Except as specified in the Franchise
Agreement, the City retains the rights and power that it has under applicable laws and
nothing in the Franchise Agreement may be construed to waive any of the City's
governmental rights or police powers.
8.08.040 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. Upon solicitation by the City, persons seeking to obtain an initial, renewal or
transferred solid waste collection franchise shall file an application, accompanied by an
application fee set by resolution of the City Council, with the City Manager.
Applications shall be in a form prescribed by the City Manager and applicable law. All
applications accepted for filing are available for public inspection unless otherwise
provided by applicable law.
C. In order to be legally qualified for an initial or renewal solid waste franchise
or a approval of a transfer of a solid waste franchise:
1. The applicant shall be willing and able to comply with the provisions of this
Code, applicable law, and all requirements of the solid waste franchise.
2. The Applicant shall not have had any solid waste franchise validly revoked by
any franchising authority within three (3) years preceding the submission of
the application.
3. No individuals employed by the applicant who are or will be responsible for
the management and oversight of the franchise operations for the City, during
the ten (10) years before submitting the application, shall have been convicted
of a crime impugning their truthfulness and/or ability to abide with their legal
obligations.
4. The applicant will not have filed materially misleading information in its
application or intentionally withheld information that the applicant lawfully is
required to provide.
5. An applicant that otherwise would not be qualified to hold a solid waste
franchise under this Chapter may include additional information
demonstrating to the city that the particular circumstances surrounding its act
Ordinance No. 314 -6-
or omission; the steps taken by the applicant to cure all harms flowing
therefrom and prevent their recurrence; the lack of involvement of the
• applicant's principals; and/or the remoteness of the matter from providing
solid waste collection services would make it inappropriate for the City to
deny it a solid waste franchise.
8.08.050 Franchise terms.
Any franchise awarded pursuant to this Chapter shall be for an initial term of not
more than ten years, with the possibility of renewal for additional terms of not more than
five years each, at the option of the City.
8.08.060 Transfer of franchise.
A franchise issued under this Chapter shall not be transferred, sold, relinquished,
delegated or assigned to another person without the approval of the City Council. This
restriction includes the transfer of ownership of the franchise or the conveyance of the
franchisee's stock to a new controlling interest. City Council approval of transfer shall
not be unreasonably withheld. Effectuating a franchise transfer without City Council
approval shall constitute grounds for revocation pursuant to Section 8.08.110.
8.08.070 Franchise Fee.
A. The City may in its discretion and in connection with a franchise entered into
pursuant to this Chapter collect from a Collector a franchise fee in an amount equal to a
percentage of gross revenues as set forth in a solid waste franchise for the privilege of
operating a solid waste collection service within the City.
B. The franchise fee is not a payment in lieu of any tax, fee, or other assessment
of general applicability.
8.08.080 Interim suspension.
A. The 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. The interim suspension will go into effect immediately upon delivery of a notice to
a Collector as specified in this Section.
B. The Manager may enter into a temporary agreement for the collection of solid
waste with a different solid waste enterprise during any period of time that a franchise
has been suspended.
8.08.090 Appeals.
A. A Collector may appeal the interim suspension imposed by the Manager
issued pursuant to Section 8.08.080, provided a written appeal is submitted to Manager
within five calendar days after notice of suspension has been sent to the Collector.
Appeals to the City Council shall include a general statement specifying the basis for the
appeal and the specific aspect of the Manager's ruling being appealed.
B. The interim suspension shall remain in effect during the processing of the
appeal to the Council.
8.08.100 Council action.
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 may
initiate proceedings for revocation of the franchise. The Council shall base its action
upon the standards delineated in Section 8.08.080.
8.08.110 Revocation or modification of franchise.
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 on any franchise if a Collector has violated any provision of
Ordinance No. 314 -7-
this Chapter, the Franchise Agreement or any other applicable law, ordinance, or
regulation related to the collection of waste services provided in the City. It is unlawful
for any person or solid waste enterprise to operate under a franchise which has been
revoked.
8.08.120 Notice of hearing on franchise.
The City shall serve a notice of the City Council franchise revocation hearing on a
Collector not less than fifteen calendar days prior to such hearing.
8.08.130 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 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.
8.08.140 Cessation of operations.
A. 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 calendar days after notice of
revocation.
B. The Manager may enter into a temporary agreement for the collection of solid
waste with a different solid waste enterprise until such time as a new franchise with a
different solid waste enterprise can be negotiated and approved by the City Council.
111
General Requirements
8.08.150 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 franchisee's activities. The insurance shall be in an amount set forth in the
Franchise Agreement. Such insurance shall be procured from an insurer authorized to do
business in the State of California, shall name the City of Rolling Hills and its officers,
employees and agents as additional insureds and shall not be canceled or modified
without first giving to City thirty calendar days' prior written notice. 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, must be filed with the City
Manager before a solid waste franchise becomes effective.
B. In the event of suspension, cancellation, or termination of the insurance by the
provider without obtaining substitute insurance meeting the requirements in subsection A
above, the franchise shall be immediately suspended 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.
8.08.160 Worker's compensation insurance.
A Collector shall at all times provide, at its own expense, workers' compensation
insurance coverage for all of its employees and shall file and maintain a certificate with
the Manager showing said insurance to be in full force and effect.
8.08.170 Indemnification.
A Collector shall indemnify, defend and hold harmless the City of Rolling Hills
and its officers, employees and agents against, in respect of any and all claims, demands,
losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies,
including interest, penalties and reasonable attorneys fees, that the City shall incur or
suffer, which arise, result from or relate to the collection, transportation, or disposal of
solid waste or recyclables within the City of Rolling Hills by said Collector. The
indemnification shall be included in the franchise agreement and include protections from
Ordinance No. 314 -8-
liability under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C.
Sections 6901, et seq., the Comprehensive Environmental Response, Compensation and
Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et seq., the Carpenter -Presley -
Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health and
Safety Code Sections 25300 et seq.; and all future amendments to any of them.
8.08.180 Bonds.
A. The franchise agreement may require a Collector to file a surety bond prior to
the effective date of the franchise in an amount determined by the Manager and in a form
acceptable to the City Attorney, to guarantee the faithful compliance with this Chapter
and the franchise agreement. The bond shall remain in force during the life of the
franchise agreement and all renewals thereof.
B. In the event of suspension, cancellation, or termination of the bond by the
issuer, the franchise shall be immediately suspended until a new bond 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.
8.08.190 Responsibility for Damages.
Any person providing solid waste collection services or conducting a solid waste
enterprise in the City shall be responsible for damages caused as a result of the person's
acts or omissions including, without limitation, injuries or death or any person or damage
to public or private property.
The Collector shall be responsible, at the Collector's sole expense, for any
physical damage caused by the negligent or willful acts or omissions of employees,
grantees or subgrantees of the Collector to private or public property.
8.08.200 Office for inquiries and complaints.
A Collector shall maintain an office at some fixed location and shall maintain a
telephone at the office, listed in the current telephone directory and/or online at the
Collector's website, in the firm name by which it conducts business in the City, and shall
at all times during the hours between eight a.m. and five p.m. of each weekday and
between eight a.m. and one p.m. on Saturday, have an employee or agent at said office to
answer inquiries and receive complaints. The telephone number shall be a toll -free
number from all portions of the City. Collector shall submit a quarterly report of all
complaints received to City Manager, in a form set forth in the Franchise Agreement.
8.08.210 Permits and licenses.
A Collector shall obtain all applicable permits and licenses required by any
Federal, State or local agency.
8.08.220 Fees and 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 seg., the City may levy fees
upon Collectors and customers for planning and program development and administration
regarding solid and household hazardous waste, recyclable solid wastes 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 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.
8.08.230 Collection Rates.
A. Maximum rates to be charged by a Collector. for the collection of solid waste
and recyclable materials shall be established or increased by resolution of the City
Council only after the Manager has mailed the property owners notice of the proposed
Ordinance No. 314 -9-
rate at least forty-five calendar days before a public hearing on the matter and the City
Council has held a public hearing for the purpose of receiving and considering all
objections, written and oral, to the proposed rate or rate increase. The Council may
continue the hearing from time to time without further written notice. Any property
owner may file with the Manager, at any time before the end of the public hearing, a
written protest against the proposed rate. The Council shall not approve the new or
increased rate if a majority protest exists. A majority protest exists if, at the end of the
public hearing, there are valid written protests submitted by owners of a majority of the
properties subject to the proposed fee increase. No more than one written protest per
parcel shall be counted.
B. A rate or rate increase may include an annual Consumer Price Index, or other
generally accepted form of consolidated index, increase to be implemented without a new
public hearing provided that the maximum percentage of index increase is set forth in the
notice sent to the property owners and any increase does not exceed that percentage
specified therein.
C. Every residential owner shall pay the rates for collection services rendered
pursuant to this Chapter in the manner set forth in Section 8.08.240
8.08.240 Collection of charges.
The City may in its discretion and in connection with a franchise entered into
pursuant to this Chapter, collect fees for solid waste/recycling collection services by
causing fees to be placed on the Los Angeles County Tax rolls through procedures
established by the Los Angeles County Tax Collector. In such event, no charge shall be
made directly to a customer by a franchised Collector unless expressly authorized by the
City Council or in this Code. Charges for manure collection service provided by the
Collector shall be billed directly to a customer by the franchised Collector.
8.08.250 Required monthly reports.
A. A Collector shall provide the City separate monthly and annual tonnage and
information reports in a form and at dates set forth in the franchise agreement.
8.08.260 City Inspection Authority.
Any Collector providing collection services or conducting a solid waste enterprise
in the City shall keep and maintain books of account, income statements, tonnage reports,
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 for a period of three years after said
service was provided or any longer period required by law. Any Collector shall make
these records and documents available to the City upon request by the City Manager upon
five business days advance notice. Such records shall be made available to the City at the
Collector's regular place of business, within the Los Angeles County Limits.
IV
VEHICLES
8.08.270 Vehicle identification.
No solid waste enterprise may operate any vehicle for the collection of solid
waste or recyclables in the City unless the owner of the vehicle is a Collector or a
construction/demolition hauler, as those terms are defined in Section 8.08.020.
8.08.280 Amount and type of equipment.
No person shall be awarded a franchise for the collection, and for transportation
of solid waste or recyclables, or a permit for construction/demolition waste, unless the
solid waste 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 given pursuant to this Chapter. A Collector shall utilize mini -trucks,
three -wheel scooters or other appropriate small collection vehicles to make collections
and so as to operate efficiently on narrow roads and driveways.
Ordinance No. 314 -10-
8.08.290 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 which results in undue
interference with normal traffic flows or violation of any traffic laws. The small
collection vehicles, whether loaded or unloaded, shall not be parked, or left unattended on
any street in the City. Large collection vehicles shall not be parked in an unobtrusive
manner and be maintained in a clean, sanitary condition.
8.08.300 Compliance with vehicle standards.
Any vehicle used in the collection or transportation 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 state law. The use of a vehicle
which fails to comply with each of the standards is prohibited. A Collector shall
immediately remove any vehicle from collection service which 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 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 Franchise 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.
V
COLLECTION/MANDATORY SERVICE
8.08.310 Mandatory service.
A. Except as otherwise provided in this Chapter, all solid waste and recyclables
collected 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 or solid waste enterprise, other than those referenced in subsection
A of this section, shall negotiate or contract for, undertake to receive, collect or transport
solid waste from within the City for a fee, service charge or other consideration, except as
specifically provided herein.
C. Except as otherwise provided in this Chapter, each residential property owner
and occupier in the City shall, at all times utilize the services of a Collector and pay the
rates approved by the City Council for the collection of solid waste and/or recyclables
from such premises as shall be owned by said owner and shall, at all times comply with
City policies and programs with regard to solid waste recovery, reduction of solid waste
and recycling of solid waste.
8.08.320 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 twice during each calendar
week, or less if provided for in an approved Franchise Agreement. Not more than four
days shall elapse between one collection and the next unless the regular day of collection
falls on a holiday. 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. When the collection day falls on a holiday, a Collector shall choose one of the
following options:
1. Collect on the holiday;
2. Collect one day prior to or one day. after the holiday, providing regular
collection can be maintained on the regularly scheduled days the remainder of
the week.
Ordinance No. 314 -11-
C. Not later than November 30th of each year, a Collector shall submit to City its
proposed collection schedule for the ensuing calendar year. 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
take place twice each week. The schedule shall also indicate the dates that brush
clearance required to be removed pursuant to Section 15.20.040 of this Code shall be
collected. Upon approval by the Manager, Collector shall cause to be mailed a written
notice to all customers of such schedule not later than December 31st 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.
8.08.330 Hours of collection.
A. No collection, or delivery or removal of containers, shall be made between the
hours of six p.m. and seven a.m. Monday through Saturday or at any time on Sunday.
B. The Manager may waive the requirements of this Section when necessitated
by conditions beyond the control of the Collector.
8.08.340 Litter.
If a Collector releases, or permits or causes the release of any solid waste on
public or private property in the City at any time, it shall promptly clean up, contain,
collect and remove same to the satisfaction of the Manager.
8.08.350 Employees of collector.
All field employees of a Collector shall wear name tags and/or uniforms to enable
identification while providing service to the public.
8.08.360 Trespass.
No person authorized to collect or transport solid waste or recyclables shall enter
on private property beyond the extent necessary to collect the solid waste or recyclables,
properly placed for collection.
8.08.370 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 City.
8.08.380 Ownership.
At such time as the solid waste or recyclables are placed for collection at the usual
place of collection, the solid waste or recyclables are the property of a Collector.
8.08.390 Disposal.
A. It is unlawful at any time for any person, including a Collector, to burn any
solid waste or recyclables within the City.
B. It is unlawful at any time for any person, including a Collector, to bury or
dump any solid waste or recyclables within the City.
8.08.400 Resource recovery.
A Collector shall, at all times, comply with City policies and programs regarding
solid waste recovery, reduction of solid waste and recycling of solid waste, 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.
8.08.410 Collection of recyclable materials.
A. A Collector shall offer recyclable materials collection services as follows:
1. A service yard collection program.
2. Operation of a drop-off center at City Hall where residents may drop off
recyclable items, such as newspaper, telephone books, glass and aluminum.
No hazardous wastes shall be accepted. Operation of the center shall be in a
manner consistent with all applicable laws. Signs indicating acceptable and
unacceptable recyclables shall be prominently posted. Bins or containers shall
Ordinance No. 314 -12-
be conspicuously labeled. A Collector will provide regular maintenance and
collection of reusable materials from the center, as directed by the Manager.
3. A Collector shall develop and implement a public information and education
program for the recyclable materials collection services described in this
Chapter, approved by the City Manager.
4. A Collector shall establish and maintain a system for establishing diversion
credits for the City of Rolling Hills in a manner consistent with the Act.
5. From the time of placement of recyclable materials for collection, such
recyclable materials shall be and become the property of a Collector. It shall
be a violation of this Chapter for any person unauthorized by the City or the
customer to collect or pick up or cause to be collected or picked up any such
items. Any and each such collection in violation hereof from one or more
locations shall constitute a separate and distinct offense punishable in
accordance with Chapter 1.08 of this Code.
B. Nothing in this Chapter shall limit the right of any person to donate, sell or
otherwise dispose of his or her recyclable materials.
8.08.420 Collection of green waste.
A. A Collector shall offer green waste services to its customers as follows:
1. Green waste shall be placed for collection in the manner set forth in this
Chapter and in the Agreement. All green waste shall be delivered to a
legitimate composting or alternative fuel facility or used as cover material at a
landfill, so that City receives credit for diverting the green waste from
disposal at a landfill.
2. On a periodic basis, if a resident has additional green waste in excess of what
can be placed in the green waste containers set out for collection, residents
may place green waste materials in bags or bundles, or in a plastic or metal
container with a lid for collection by a Collector.
3. A Collector shall provide to all customers who request one, at the cost paid by
the customer, a composting bin of a type approved by the City Manager. Each
composting bin so provided shall include full instructions. A Collector shall
provide training, twice per year, on backyard composting, open to all residents
of the City. Composting shall be conducted pursuant to Section 8.08.430.
4. A Collector shall develop and implement a public information and education
program for the green waste services described in this section, approved by
the City Manager.
5. Collector shall collect an unlimited amount of brush clearance required to be
removed by Section 15.20.040 of this Code and any additional green waste set
out at that time from every customer up to three times in the Spring and up to
three times in the Fall. The dates for such collections will be set forth in the
collection schedule mailed out to all customers pursuant to Section
8.08.320.C. and the placement and bundling specifications shall be set forth in
the Agreement.
8.08.430 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.
Ordinance No. 314 -13-
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:
•
8.08.440 Prohibited waste.
A. Electronic waste, electronic hazardous waste, and any other form of waste that
does not meet the definition of solid waste or recyclable materials shall not be disposed
of with solid waste or recyclables for regular solid waste collection by a Collector.
B. A Collector shall develop and implement a public information and education
program for electronic waste, electronic hazardous waste disposal and recycling,
hazardous waste and any other prohibited waste, approved by the City Manager.
C. Customers shall dispose of electronic waste, electronic hazardous waste,
hazardous waste and any other form of prohibited waste at special collection centers
operating throughout the region. A list of such collections centers is available at City
Hall.
VI
CONTAINERS
8.08.450 Care of containers.
Collector's agents and employees shall handle all containers with care.
8.08.460 Unauthorized Removal from containers.
No person other than a Collector who provides collection services at the premises,
or the owner or employee of the owner of the container, or the person upon whose
premises such container is located, or a City employee, shall remove any material from a
solid waste or recyclable container.
8.08.470 Tampering with containers.
No person other than the owner or occupant of the premises where a container is
located, or a Collector who provides collection services at the premises where the
container is located, or a City employee shall tamper with, or remove any container or
other equipment used for the storage of solid waste or recyclables.
8.08.480 Covering containers for solid waste.
Any container to be placed for collection containing solid waste shall have a
tightly fitting cover. Said cover shall be used at all times.
8.08.490 Unauthorized setting out of containers.
No person occupying, using or in charge of any premises shall set out or cause to
be set out for collection any solid waste or recyclables not generated on the premises.
8.08.500 Containers at residential premises.
A. Unless containers are to be provided by a Collector pursuant to the Franchise
Agreement, every customer in the City shall provide sufficient containers as to
accommodate the amount of solid waste generated by the premises. All containers shall
be constructed of metal, hard rubber or plastic, shall be constructed so as not to permit the
contents thereof to sift or pass through any opening therein other than the top, shall be
maintained in a clean and sanitary condition by the customer and shall not contain any
rough or jagged surfaces. Heavy-duty plastic bags especially manufactured for solid
waste collection and trash compactorsacks may also be used provided they are securely
tied, not perforated or split.
B. Any solid waste not susceptible to placement in a container may be placed for
collection at the same place and time as the container if it is securely tied in bundles not
heavier than sixty pounds, not more than four feet in length, nor more than eighteen
inches in diameter. Wooden boxes, crates, pallets, or cardboard boxes are to be broken
down and stacked neatly at the depositor's refuse collection point.
Ordinance No. 314 -14-
C. No cardboard box, paper bag or oil drum may be used as a container for solid
waste.
D. A Collector shall schedule to collect bulky items from customers at least three
times during each calendar year. The dates for such collections will be set forth in the
collection schedule mailed out to all customers pursuant to Section 8.08.320.C. and the
timing, item placement and other specifications for the collection shall be set forth in the
Agreement.
8.08.510 Accumulation of solid waste prohibited.
It is unlawful 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
and/or recyclables to become or remain offensive, unsightly or unsafe to the public health
or safety or hazardous from fire. It is unlawful to deposit, keep or accumulate, or permit
or cause any solid waste and/or recyclables 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. No customer or person occupying, owning or in control of any
premises shall permit solid waste and/or recyclables to accumulate, or to blow about in a
manner which creates an unsightly appearance, or a health hazard. It is unlawful for any
person to dispose of their solid waste into containers at locations other than those that
may be located upon property which they own or occupy or where they work. It is
unlawful for any person to place bulky items on the street except that bulky items may be
placed on the street within the two days prior to a bulky item collection scheduled
pursuant to Section 8.08.500.D, or within the two days prior to otherwise scheduled
collection or removal of the item.
8.08.520 Placement of containers at residential premises.
A. In the case of residential premises, each container or bundle shall be kept in
the service yard of the premises reasonably concealed from view by neighbors. Such
areas shall be readily accessible to a Collector by a pathway. Access to the containers
shall not he impaired by the presence of any vehicles or other obstructions.
B. A Collector shall collect containers from the service yard and shall return all
containers in an upright position to the same approximate location where found by a
Collector and without any unnecessary noise or wear and tear or damage to said
receptacles. A Collector shall replace a container or reimburse the customer for any
damage caused to receptacles by the unnecessary wear and tear of a Collector.
C. In the event a Collector declines to collect any solid waste on a required
collection day, the Collector shall leavea tag on the container indicating the reason for
refusal to collect and the Collector's name and telephone number. A record shall be kept
by the Collector of all locations where such tags have been left, with the reasons noted.
Such record shall be made available for inspection by City upon reasonable notice.
8.08.530 Container storage areas.
The owner or occupant of residential premises where a container is placed shall
provide a clean, safe and sanitary place for its storage.
VII
EXCLUSIONS
8.08.540 Residential waste and recyclable exclusion.
No provision of this Chapter shall prevent customers from collecting and
disposing of occasional loads of solid waste generated in or on their residential premises,
or from composting green waste, or from selling or disposing of recyclables generated in
or on their residential premises; provided, however, that no customer shall employ or
engage any solid waste enterprise, other than a Collector franchised in the City of Rolling
Hills, to haul or transport such materials to a transfer station or landfill.
8.08.550 Dwellings under construction.
When solid waste is not being generated on a property due to construction at a
temporarily vacant residential dwelling or at a newly constructed residential dwelling that
Ordinance No. 314 -15-
has not yet been occupied, the property owner may suspend mandatory collection service
for the time that the dwelling is not being occupied and may not be liable for collection
charges for such period of time as follows:
A. Residential dwellings undergoing alterations or repairs, but occupied or vacant
for less than four full weeks, shall receive regular service for collectible solid waste
during the construction period.
B. Residential dwellings which remain unoccupied for four full weeks or longer,
may suspend mandatory collection service and may not be liable for collection fees
during period or be eligible for a refund of the collection fees for such periods.
C. The property owner shall notify the City Manager and all Collectors
responsible for collection at that dwelling, at their respective offices, of the temporary
suspension of mandatory service. The notice shall be in writing and the effective date
shall be one week after the date of the notification. Receipt of the notice shall be
acknowledged by mail, fax or email communication and a reference number assigned to
avoid misunderstanding;
D. The property owner shall notify the City Manager and the Collectors
responsiblefor collection at that dwelling of the duration of the vacancy, if known, at the
time of the suspension of the collection service; otherwise owner shall notify by mail,
fax, email or phone within three calendar days of occupancy or resumption of occupancy
and service shall be resumed immediately thereafter; and
E. The premises described in the notice shall not be occupied during the period of
the vacancy, and no solid waste of any type, other than construction/demolition waste
that is removed pursuant to Section 8.08.580, shall be produced during the period or
collected from the dwelling.
F. When collection fees have been prepaid on the property tax bill, a property
owner may request a refund of solid waste collection fees for the period that the property
was vacant and the service was suspended by filing a refund form with the City Manager
within sixty calendar days of occupying or reoccupying the premises. The City Manager
shall process the request within sixty days from receipt of the request and may grant a
refund for the proportionate amount of fees for the time the property was vacant and
service was suspended.
8.08.560 Gardener's exclusion.
A franchise shall not be required for the occasional removal of green waste as a
result of routine and regular tree trimming, gardening or landscaping activities. In order
to help the City meet its diversion requirements, gardeners, tree trimmers and landscapers
are encouraged to divert the occasional loads of green waste from the landfill to a
legitimate composting or alternative fuel facility or to use the waste as cover material at a
landfill, so that City can receive credit for diverting the green waste. Gardeners, tree
trimmers and landscapers are encouraged to collect a tonnage form or tonnage report for
all green waste diverted from the landfill and residents are encouraged to submit such
tonnage forms or tonnage reports to the City Manager evidencing the amount of diverted
green waste.
8.08.570 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 which have been separated from solid waste for the purpose of sale or
donation, which have not been mixed with or contain more than incidental or minimal
solid waste, and which 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.
8.08.580: Construction or demolition waste.
A. Minimum construction or demolition waste diversion requirements
Ordinance No. 314 -16-
Every covered project shall divert at least fifty percent (50%), measured by
weight, of all construction or demolition waste generated by the covered project.
B. Exempt projects.
The diversion and reporting requirements of this Section shall not apply to the
following projects:
1. Any construction, remodeling or demolition project that does not require a
building permit and does not generate recyclable materials and construction
and demolition waste.
2. 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.
Notwithstanding the exemptions set forth in this paragraph, permitees working on
exempt projects are encouraged to divert as much construction or demolition waste as
practicable and encouraged to use permitted haulers for removal of waste from the
project.
C. Construction/demolition hauling permit.
1. Permit required. No person or solid waste enterprise shall remove construction
and demolition waste from a covered project within the City without first
obtaining a construction/demolition hauling permit. The City Manager shall
maintain a list of all permitted construction/demolition haulers and residents
shall only use a permitted construction/demolition hauler for removal of
construction/demolition waste from any covered project within the City.
2. Application for construction/demolition hauling permit. An application for a
permit shall be filed with the City Manager and be accompanied by an
application fee in an amount set by City Council resolution to reimburse the
City for all expenses incurred by it in connection with granting the permit.
The application shall include, at a minimum, the following information:
a) Name, address, telephone number of the applicant and any other principals
in the hauler's business.
b) The type and amount of materials and waste material that the hauler is
capable of transporting.
c) The number of vehicles that the enterprise utilizes.
d) 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.
e) Such other pertinent facts or information as the City Manager may require
including but not limited to evidence of state certification, evidence of
previous experience, and demonstration of reliable and safe equipment.
3. In order to be legally qualified to obtain a construction/demolition hauler
permit:
a) The applicant shall be willing and able to comply with the provisions of
this Code, applicable law, and all requirements of the permit.
b) The applicant shall have demonstrated ability to remove and transport the
required construction/demolition waste to the appropriate waste disposal
facilities
c) The applicant shall not have filed materially misleading information in its
application or intentionally withheld information that the applicant
lawfully is required to provide.
4. Issuance of permits. The City Manager may issue a non-exclusive
construction/demolition hauler permit subject to such conditions as are
Ordinance No. 314 -17-
necessary to protect the public health, safety and welfare and to assure that the
permit is exercised for its circumscribed purposes. A permit shall not be
transferred to another person or solid waste enterprise. Permits shall remain
in effect for one year and must be renewed annually.
5. A permitted construction/demolition hauler shall be subject to the following
provisions of Chapter 8.08: Sections 8.08.150 Collector's liability insurance,
8.08.160 Worker's compensation insurance, 8.08.170 Indemnification,
8.08.190 Office for inquiries and complaints, 8.08.200 Permits and licenses,
8.08.250 Vehicle identification, 8.08.260, City Inspection Authority, 8.08.270
Operation of equipment, 8.08.310 Hours of collection, 8.08.320 Litter,
8.08.340 Trespass, 8.08.350 Noise, 8.08.360 Ownership, 8.08.370 Disposal,
8.08.380 Resource recovery, and all other applicable provisions of the
Municipal Code.
6. Failure by a permitted hauler to comply with the diversion and/or reporting
requirements of this Section will result in automatic revocation of the
construction/demolition hauler permit. A hauler whose permit has been
revoked shall not be eligible to reapply for a new permit for a period of three -
years from the date of revocation.
D. Condition precedent to issuance of building or demolition permit.
As a part of any application for, and prior to the issuance of, any building or
demolition permit for a covered project, every permittee shall identify the permitted
hauler that has been designated to remove all construction/demolition waste associated
with the project. The application shall also be accompanied by a construction/demolition
waste fee, set by resolution of the City Council to reimburse the City for all expenses
incurred by it in connection with monitoring compliance with this Section.
E. Records.
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 City Manager that can be converted to tonnage.
F. Reporting.
Within thirty (30) calendar days following the completion of any covered project,
the hauler 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 Manager establishing compliance with the requirements of this Section. 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 Manager, 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 Manager to verify the amount of construction or demolition waste
generated from the site that has been diverted.
If a project involves issuance of both a demolition and building permit, the report
and documentation for the demolition permit shall be submitted to and approved by the
Manager before issuance of a building permit.
G. Monitoring responsibility of Manager.
The City Manager shall monitor each covered project for compliance with this
Section.
H. Implementing Regulations
Ordinance No. 314 -18-
The Manager 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.
Section 2. This ordinance shall apply to all franchise agreements amended,
extended or executed after the effective date of this ordinance.
Section 3. The City Clerk shall certify to the adoption of this ordinance and shall
cause the same to be published as required by law.
PASSED, APPROVED and ADOPTED this 23rd day of February, 2009.
ATTEST:.
Heidi Luce, Deputy City Clerk
FRANK HILL, MAYOR
Ordinance No. 314 -19-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
)§§
I certify that the foregoing Ordinance No. 314 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING
HILLS MUNICIPAL CODE RELATING TO THE COLLECTION
OF SOLID WASTE AND RECYCLABLES
was approved and adopted at a regular meeting of the City Council on February 23, 2009
by the following roll call vote:
AYES:
Councilmembers Black, Lay, Pernell, Mayor Pro Tem
Heinsheimer and Mayor Hill.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
Heidi Luce, Deputy City Clerk
Ordinance No. 314 -20-
ORDINANCE NO. 314
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING
HILLS MUNICIPAL CODE RELATING TO THE COLLECTION
OF SOLID WASTE AND RECYCLABLES
The City Council of the City of Rolling Hills does ordain as follows:
Section I. Title 8, Chapter 8.08 of the Rolling Hills Municipal Code is amended in its
entirety to read as follows:
Chapter 8.08
SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION*
Sections:
8.08.010 Purpose.
1
DEFINITIONS
Sections:
8.08.020 Definitions.
11
FRANCHISES
Sections:
8.08.030 Franchise requirement.
8.08.040 Franchise.
8.08.050 Franchise terms.
8.08.060 Transfer of franchise.
8.08.070 Franchise fee.
8.08.080 Interim suspension.
8.08.090 Appeals.
8.08.100 Council action.
8.08.110 Revocation or modification of franchise..
8.08.120 Notice of hearing on Franchise.
8.08.130 City council decision.
8.08.140 Cessation of operations.
111
GENERAL REQUIREMENTS
Sections:
8.08.150 Collector's liability insurance.
8.08.160 Worker's compensation insurance.
8.08.170 Indemnification.
8.08.180 Bonds.
8.08.190 Responsibility for damages.
8.08.200 Office for inquiries and complaints.
8.08.210 Permits and licenses.
8.08.220 Fees and charges.
8.08.230 Collection rates.
8.08.240 Collection of charges.
8.08.250 Required monthly reports.
8.08.260 City inspection authority.
IV
VEHICLES
Sections:
8.08.270 Vehicle identification.
Ordinance No. 314 -1-
8.08.280 Amount and type of equipment.
8.08.290 Operation of equipment.
8.08.300 Compliance with vehicle standards.
V
COLLECTION/MANDATORY SERVICE
Sections:
8.08.310 Mandatory service.
8.08.320 Frequency of collection.
8.08.330 Hours of collection.
8.08.340 Litter.
8.08.350 Employees of collector.
8.08.360 Trespass.
8.08.370 Noise.
8.08.380 Ownership.
8.08.390 Disposal.
8.08.400 Resource recovery.
8.08.410 Collection of recyclable materials.
8.08.420 Collection of green waste.
8.08.430 Backyard residential compositing
8.08.440 Prohibited waste.
VI
CONTAINERS
Sections:
8.08.450 Care of containers.
8.08.460 Unauthorized removal from containers.
8.08.470 Tampering with containers.
8.08.480 Covering containers for solid waste.
8.08.490 Unauthorized setting out of containers.
8.08.5Q0 Containers at residential premises.
8.08.510 Accumulation of solid waste prohibited.
8.08.520 Placement of containers at residential premises.
8.08.530 Container storage areas.
VII
EXCLUSIONS
Sections:
8.08.540 Residential waste and recyclable exclusion.
8.08.550 Dwellings under construction.
8.08.560 Gardner's exclusion.
8.08.570 Commercial recycler exclusion for source -separated recyclables
8.08.580 Construction or demolition waste.
8.08.010 Purpose.
This Chapter is adopted in accordance with Article XI, §7 of the California Constitution
and Public Resources Code § 40059 el seq.. in order to protect the public health, safety,
and well-being, control the spread.of vectors, and to limit sources of air pollution, noise
and traffic from waste hauler vehicles within the City.
1
DEFINITIONS
8.08.020 Definitions.
The following words and phrases, for the purposes of this Chapter, are defined as
fol lows:
• ""AB 939" or "Act" means the California Integated Waste Management Act of 1989,
'Public Resources Code Sections 40000, et seq., as they now exist or may subsequently be
• amended.
Ordinance No. 314
-2-
Building Official. "Building Official" has the same meaning as the word is used in
Section 15.04.040 of this Code.
"Bulky items" means and includes, without limitation, large and small household
appliances, furniture, carpets, mattresses, tires and oversized yard waste such as tree
trunks and large branches not larger than two feet (2') in diameter and four feet (4') in
length.
"City" means the City of Rolling Hills.
"Collection" means the operation of gathering together and/or transporting by means of a
motor vehicle any classification of solid waste or recyclables within the City.
"Collector" means any person who has been issued a franchise to provide solid waste
and/or recyclable materials collection services in the City.
"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 permit issued under Section 8.08.580.C.
"Construction/Demolition Waste" means any debris resulting from the construction,
modification or demolition of any structure, roadway or property, including without
limitation, any material generally considered to he not water soluble and non -hazardous
in nature, such as steel, Blass, 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 project.
Construction, Remodeling or Demolition Project. "Construction, Remodeling or
Demolition Project" means any alteration to a building, structure or landscaping that
requires a building 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, collection and removal of solid waste, recyclables,
construction/demolition waste and green waste.
"Covered Project" means any construction, remodeling or demolition project that is not
exempt pursuant to Section 8.08.580.8.
"Customer" means persons, including both owners and occupiers of residential property
in the City who obtain collection services from a Collector pursuant to this Chapter.
"Designated collection location" means the place where the customer shall place, and
from where a Collector is to collect, solid waste and recyclables in containers designated
for that purpose.
"Disposal" means the complete operation of treating and/or disposing of solid waste after
the collection thereof.
"Divert, Diverted and Diversion" shall have the same meaning as the words are defined
in Public Resources Code § 40124, as amended.
"Electronic hazardous waste" means electronic products that contain hazardous
substances as identified by the California Department of Toxic Substances Control, such
as lead or mercury and include without limitation cathode ray tube (CRT) devices
(including televisions and computer monitors); LCD desktop monitors; laptop computers
with LCD displays; LCD televisions; plasma televisions, and portable DVD players with
LCD screens. Electronic hazardous waste shall not be considered solid waste for
purposes Of this Chapter. Electronic waste means any electronic product with a circuit
board or battery, including without limitation personal computers, monitors, televisions,
keyboards, printers, telephones (including cell phones), fax machines, calculators,
copiers, video game systems and audio equipment. Electronic waste shall not be
considered' solid waste for purposes of this Chapter.
Ordinance No. 314 -3-
"Franchise agreement" or "Agreement" means the Solid Waste Collection Agreement
entered into between a solid waste enterprise and the City, approved by the City Council
that sets forth all of the rights and obligations of the franchise, consistent with this
Chapter and state law.
"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, the Resource Conservation and Recovery Act
("RCRA"), 42 U.S.C. Sections 6901, et seq., the Comprehensive Environmental
Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et
seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act ("HSAA"),
codified at California Health and Safety Code Sections 25300 et seq.; and all future
amendments to any of them, or as defined by the Environmental Protection Agency, the
California legislature, the California Integrated Waste Management Board, 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.
"Holiday" means:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
"Holiday" also means any other day designated as such in a contract between a Collector
and the labor union serving as the exclusive representative of that Collector's employees,
provided the holiday is established or recognized by resolution of the City Council or in a
franchise agreement between the City and a Collector.
"Manager" or "City Manager" means the City Manager or his/her designee of the City.
"Manure" means the waste droppings or matter from any animal normally accumulated
and associated with stables or livestock and not disposed of through sewers or on -site
wastewater systems.
"Notice" means notice sent by first-class certified mail, or facsimile or email delivery if
agreed to by the parties under the franchise agreement.
"Officer" means the president, vice-president, treasurer or other duly designated
representative of a Collector.
"Parcel of real property" means a parcel of real property as shown on the local secured
tax rolls of the County of Los Angeles.
"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.
"Permittee" means any person that had applied for and received a building or demolition
permit to undertake a construction, remodeling or demolition project covered by this
ordinance within the City.
"Public agency" means any governmental agency or department thereof, whether federal,
state, or local.
Ordinance No. 314 -4-
"Recyclable materials" means reusable waste materials, including but not limited to
metal, glass, plastic and paper, cardboard, and green waste, that are to be collected,
separated or processed and used as raw materials.
"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 material 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 in Public Resources Code Section
40201.
"Residential premises" means any residential property in the City.
"Service yard" means a yard surrounding portion of a residential dwelling required under
the Rolling Hills Zoning Ordinance and/or the Rolling Hills Community Association
Rules, and enclosed by a fence or wall.
"Solid waste" means garbage, green waste, manure, vegetable or animal solid or
semisolid wastes, recyclables, or rubbish of every kind and character, that is generated or
accumulates in residential and public facilities. Solid waste must be generated by and at
the physical location wherein the solid waste is collected and does not include electronic
waste, electronic hazardous waste or hazardous waste. Solid waste includes:
A. Garbage. All putrescible waste which generally includes but is not limited to
kitchen and table food waste, anirnal, vegetative, food or any organic waste that is
attendant with, or results from the storage, preparation, cooking or handling of food
materials.
B. Green Waste. Any vegetative matter resulting from regular and routine yard
and landscaping maintenance or seasonal variations. Green waste includes plant debris,
such as grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps, •
flowers; plant stalks, wood and other forms of organic waste not more than five feet in its
longest dimension or with a diameter not more than six inches or weights not more than
fifty pounds.
C. Rubbish means without limitation, accumulation of unwanted material to be
disposed of such as paper, polystyrene, excelsior, pottery, rags, cloth, boxes and
containers, sweep -ups and all other accumulations of a nature other than garbage, green
waste or recyclable materials.
"Solid waste enterprise" means any person, partnership, joint venture, unincorporated
private organization or private corporation regularly engaged in the business of providing
solid waste handling services. This definition does not include persons providing tree
trimming or brush clearance services.
"Tonnage form" means the document.adopted by the City Council which is used to
determine the net amount of solid waste and/or recyclables disposed of in a permitted or
certified facility.
"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" means the process of moving solid waste through the City.
"Waste disposal facility" or "facility" means any landfill, transfer station, incinerator,
land reclamation project, recycling facility or other similar site or facility which is used
or intended to be used for the transfer, consolidation, processing or disposal of solid
waste or recyclables.
Ordinance No. 314 -5-
"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.
11
FRANCHISES
8.08.030 Franchise requirement.
The City Council may authorize, by franchise, a solid waste enterprise to provide
solid waste collection and recycling services for residential users or customers in the
City. In the sole discretion of the City Council, the solid waste handling services may be
authorized on an exclusive or nonexclusive basis, and 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. Except as otherwise provided for in this Chapter, no person shall
collect and/or dispose of solid waste or recyclables in the City without having first been
awarded a solid waste collector franchise and entered into a franchise agreement with the
City or after having received a limited permit for collection of construction and
demolition waste pursuant to Section 8.08.580. A franchise shall be in addition to any
business license or permit otherwise required by the City. All such franchisees shall
comply with all of the requirements of this Chapter. Except as specified in the Franchise
Agreement, the City retains the rights and power that it has under applicable laws and
nothing in the Franchise Agreement may be construed to waive any of the City's
governmental rights or police powers.
8.08.040 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. Upon solicitation by the City, persons seeking to obtain an initial, renewal or
transferred solid waste collection franchise shall file an application, accompanied by an
application fee set by resolution of the City Council, with the City Manager.
Applications shall be in a form prescribed by the City Manager and applicable law. All
applications accepted for filing are available for public inspection unless otherwise
provided by applicable law.
C. In order to be legally qualified for an initial or renewal solid waste franchise
or a approval of a transfer ofa solid waste franchise:
1. The applicant shall be willing and able to comply with the provisions of this
Code, applicable law, and all requirements of the solid waste franchise.
2. The Applicant shall not have had any solid waste franchise validly revoked by
any franchising authority within three (3) years preceding the submission of
the application.
3. No individuals employed by the applicant who arc or will be responsible for
the management and oversight of the franchise operations for the City, during
the ten (10) years before submitting the application, shall have been convicted
of a crime impugning their truthfulness and/or ability to abide with their legal
obligations.
4. The applicant will not have tiled materially misleading information in its
application or intentionally withheld information that the applicant lawfully is
required to provide.
5. An applicant that otherwise would not he qualified to hold a solid waste
franchise under this Chapter may include additional information
demonstrating to the city that the particular circumstances surrounding its act
Ordinance No. 314 -6-
or omission; the steps taken by the applicant to cure all harms flowing
therefrom and prevent their recurrence; the lack of involvement of the
applicant's principals; and/or the remoteness of the matter from providing
solid waste collection services would make it inappropriate for the City to
deny it a solid waste franchise.
8.08.050 Franchise terms.
Any franchise awarded pursuant to this Chapter shall be for an initial term of not
more than ten years, with the possibility of renewal for additional terms of not more than
five years each, at the option of the City.
8.08.060 Transfer of franchise.
A franchise issued under this Chapter shall not be transferred, sold, relinquished,
delegated or assigned to another person without the approval of the City Council. This
restriction includes the transfer of ownership of the franchise or the conveyance of the
franchisee's stock to a new controlling interest. City Council approval of transfer shall
not be unreasonably withheld. Effectuating a franchise transfer without City Council
approval shall constitute grounds for revocation pursuant to Section 8.08.110.
8.08.070 Franchise Fee.
A. The City may in its discretion and in connection with a franchise entered into
pursuant to this Chapter collect from a Collector a franchise fee in an amount equal to a
percentage of gross revenues as set forth in a solid waste franchise for the privilege of •
operating a solid waste collection service within the City.
B. The franchise fee is not a payment in lieu of any tax, fee, or other assessment
of general applicability.
8.08.080 Interim suspension.
A. The 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. The interim suspension will go into effect immediately upon delivery of a notice to
a Collector as specified in this Section.
B. The Manager may enter into a temporary agreement for the collection of solid
waste with a different solid waste enterprise during any period of time that a franchise
has been suspended.
8.08.090 Appeals.
A. A Collector may appeal the interim suspension imposed by the Manager
issued pursuant to Section 8.08.080, provided a written appeal is submitted to Manager
within five calendar days after notice of suspension has been sent to the Collector.
Appeals to the City Council shall include a general statement specifying the basis for the
appeal and the specific aspect of the Manager's ruling being appealed.
B. The interim suspension shall remain in effect during the processing of the
appeal to the Council.
8.08.100 Council action.
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 may
initiate proceedings for revocation of the franchise. The Council shall base its action
upon the standards delineated in Section 8.08.080.
8.08.1 10 Revocation or modification of franchise.
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 on any franchise if a Collector has violated any provision of
Ordinance No. 314 -7-
this Chapter, the Franchise Agreement or any other applicable law, ordinance, or
regulation related to the collection of waste services provided in the City. It is unlawful
for any person or solid waste enterprise to operate under a franchise which has been
revoked.
8.08.120 Notice of hearing on franchise.
The City shall serve a notice of the City Council franchise revocation hearing on a
Collector not less than fifteen calendar days prior to such hearing.
8.08.130 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 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.
8.08.140 Cessation of operations.
A. 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 calendar days after notice of
revocation.
B. The Manager may enter into a temporary agreement for the collection of solid
waste with a different solid waste enterprise until such time as'a'new franchise with a
different solid waste enterprise can be negotiated and approved bythe City Council.
111
General Requirements
8.08.150 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 franchisee's activities. The insurance shall be in an amount set forth in the
Franchise Agreement. Such insurance shall be procured from an insurer authorized to do
business in the State of California, shall name the City of Rolling Hills and its officers,
employees and agents as additional insureds and shall not be canceled or modified
without first giving to City thirty calendar days' prior written notice. 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, must be filed with the City
Manager before a solid waste franchise becomes effective.
B. In the event of suspension, cancellation, or termination of the insurance by the
provider without obtaining substitute insurance meeting the requirements in subsection A
above, the franchise shall be immediately suspended 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.
8.08.160 Worker's compensation insurance.
A Collector shall at all times provide, at its own expense, workers' compensation
insurance coverage for all of its employees and shall file and maintain a certificate with
the Manager showing said insurance to he in full force and effect.
8.08.170 Indemnification.
A Collector shall indemnity, defend and hold harmless the City of Rolling Hills
and its officers, employees and agents against, in respect of any and all claims, demands,
losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies,
including interest, penalties and reasonable attorneys fees, that the City shall incur or
suffer, which arise, result from or relate to the collection, transportation, or disposal of
solid waste or recyclables within the City of Rolling Hills by said Collector. The
indemnification shall be included in the franchise agreement and include protections from
Ordinance No. 314 -8-
liability under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C.
Sections 6901, et seq., the Comprehensive Environmental Response, Compensation and
Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et seq., the Carpenter -Presley -
Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health and
Safety Code Sections 25300 et seq.; and all future amendments to any of them.
8.08.180 Bonds.
A. The franchise agreement may require a Collector to file a surety bond prior to
the effective date of the franchise in an amount determined by the Manager and in a form
acceptable to the City Attorney, to guarantee the faithful compliance with this Chapter
and the franchise agreement. The bond shall remain in force during the life of the
franchise agreement and all renewals thereof.
B. In the event of suspension, cancellation, or termination of the bond by the
issuer, the franchise shall be immediately suspended until a new bond 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.
8.08.190 Responsibility for Damages.
Any person providing solid waste collection services or conducting a solid waste
enterprise in the City shall be responsible for damages caused as a result of the person's
acts or omissions including, without limitation, injuries or death or any person or damage
to public or private property.
The Collector shall be responsible, at the Collector's sole expense, for any
physical damage caused by the negligent or willful acts or omissions of employees,
grantees or suhgrantees of the Collector to private or public property.
8.08.200 Office for inquiries and complaints.
A Collector shall maintain an office at some nixed location and shall maintain a
telephone at the office, listed in the current telephone directory and/or online at the
Collector's website, in the firm name by which it conducts business in the City, and shall
at all times during the hours between eight a.m. and five p.m. of each weekday and
between eight a.m. and one p.m. on Saturday, have an employee or agent at said office to
answer inquiries and receive complaints. The telephone number shall be a toll -free
number from all portions of the City. Collector shall submit a quarterly report of all
complaints received to City Manager, in a form set forth in the Franchise Agreement.
8.08.210 Permits and licenses.
A Collector shall obtain all applicable permits and licenses required by any
Federal, State or local agency.
8.08.220 Fees and 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 he established by City Council resolution.
B. Pursuant to Public Resources Code §§ 41900 et seq., the City may levy lees
upon Collectors and customers for planning and program development and administration
regarding solid and household hazardous waste, recyclable solid wastes 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 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.
8.08.230 Collection Rates.
A. Maximum rates to be charged by a Collector for the collection of solid waste
and recyclable materials shall he established or increased by resolution of the City
Council only after the Manager has mailed the property owners notice of the proposed
Ordinance No. 314 -9-
rate at least forty-five calendar days belbre a public hearing on the matter and the City
Council has held a public hearing for the purpose of receiving and considering all
objections, written and oral, to the proposed rate or rate increase. The Council may
continue the hearing from time to time without further written notice. Any property
owner may file with the Manager, at any time before the end of the public hearing, a
written protest against the proposed rate. The Council shall not approve the new or
increased rate if a majority protest exists. A rnajority protest exists if, at the end of the
public hearing, there are valid written protests submitted by owners of a majority of the
properties subject to the proposed fee increase. No more than one written protest per
parcel shall be counted.
13. A rate or rate increase may include an annual Consumer Price Index, or other
generally accepted form of consolidated index, increase to be implemented without a new
public hearing provided that the maximum percentage of index increase is set forth in the
notice sent to the property owners and any increase does not exceed that percentage
specified therein.
C. Every residential owner shall pay the rates for collection services rendered
pursuant to this Chapter in the manner set forth in Section 8.08.240
8.08.240 Collection of charges.
The City may in its discretion and in connection with a franchise entered into
pursuant to this Chapter, collect fees for solid waste/recycling collection services by
causing fees to be placed on the Los Angeles County Tax rolls through procedures
established by the Los Angeles County Tax Collector. In such event, no charge shall he
made directly to a customer by a franchised Collector unless expressly authorized by the
City Council or in this Code. Charges for manure collection service provided by the
Collector shall be billed directly to a customer by the franchised Collector.
8.08.250 Required monthly reports.
A. A Collector shall provide the City separate monthly and annual tonnage and
information reports in a form and at dates set forth in the franchise agreement.
8.08.260 City Inspection Authority.
Any Collector providing collection services or conducting a solid waste enterprise
in the City shall keep and maintain books of account, income statements, tonnage reports,
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 for a period of three years after said
service was provided or any longer period required by law. Any Collector shall make
these records and documents available to the City upon request by the City Manager upon
five business days advance notice. Such records shall be made available to the City at the
Collector's regular place of business, within the Los Angeles County Limits.
IV
VEHICLES
8.08.270 Vehicle identification.
No solid waste enterprise may operate any vehicle for the collection of solid
waste or recyclables in the City unless the owner of the vehicle is a Collector or a
construction/demolition hauler, as those terms are defined in Section 8.08.020.
8.08.280 Amount and type of equipment.
No person shall be awarded a franchise for the collection, and for transportation
of solid waste or recyclables, or a permit for construction/demolition waste, unless the
solid waste enterprise successfully demonstrates it has sufficient equipment available to
meet the datcs 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 given pursuant to this Chapter. A Collector shall utilize mini -trucks,
three -wheel scooters or other appropriate small collection vehicles to make collections
and so as to operate efficiently on narrow roads and driveways.
Ordinance No. 314 -10-
8.08.290 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 which results in undue
interference with normal traffic flows or violation of any traffic laws. The small
collection vehicles, whether loaded or unloaded, shall not he parked, or left unattended on
any street in the City. Large collection vehicles shall not he parked in an unobtrusive
manner and he maintained in a clean, sanitary condition.
8.08.300 Compliance with vehicle standards.
Any vehicle used in the collection or transportation 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 state law. The use of a vehicle
which fails to comply with each of the standards is prohibited. A Collector shall
immediately remove any vehicle from collection service which 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 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 Franchise 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.
V
COLLECTION/MANDATOR Y SERVICE
8.08.310 Mandatory service.
A. Except as otherwise provided in this Chapter, all solid waste and recyclables
collected for a fee, service charge or other consideration, shall he collected by a solid
waste enterprise under the provisions of a franchise awarded by the City Council,
B. No person or solid waste enterprise, other than those referenced in subsection
A of this section, shall negotiate or contract for, undertake to receive, collect or transport
solid waste from within the City for a fee, service charge or other consideration, except as
specifically provided herein.
C. Except as otherwise provided in this Chapter, each residential property owner
and occupier in the City shall, at all times utilize the services of a Collector and pay the
rates approved by the City Council for the collection of solid waste and/or recyclables
from such premises as shall he owned by said owner and shall, at all times comply with
City policies and programs with regard to solid waste recovery, reduction of solid waste
and recycling of solid waste.
8.08.320 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 twice during each calendar
week, or less if provided for in an approved Franchise Agreement. Not more than four
days shall elapse between one collection and the next unless the regular day of collection
falls on a holiday. 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. When the collection day falls on a holiday, a Collector shall choose one of the
following options:
1. Collect on the holiday;
2. Collect one day prior to or one day after the holiday, providing regular
collection can be maintained on the regularly scheduled days the remainder of
the week.
Ordinance No. 314 -11-
C. Not later than November 30th of each year, a Collector shall submit to City its
proposed collection schedule for the ensuing calendar year. 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
take place twice each week. The schedule shall also indicate the dates that brush
clearance required to be removed pursuant to Section 15.20.040 of this Code shall be
collected. Upon approval by the Manager, Collector shall cause to be mailed a written
notice to all customers of such schedule not later than December 31st 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.
8.08.330 Hours of collection.
A. No collection, or delivery or removal of containers, shall be made between the
hours of six p.m. and seven a.m. Monday through Saturday or at any time on Sunday.
B. The Manager may waive the requirements of this Section when necessitated
by conditions beyond the control of the Collector.
8.08.340 Litter.
If a Collector releases, or permits or causes the release of any solid waste on
public or private property in the City at any time, it shall promptly clean up, contain,
collect and remove same to the satisfaction of the Manager.
8.08.350 Employees of collector.
All field employees of a Collector shall wear name tags and/or uniforms to enable
identification while providing service to the public.
8.08.360 Trespass.
No person authorized to collect or transport solid waste or recyclables shall enter
on private property beyond the extent necessary to collect the solid waste or recyclables,
properly placed for collection.
8.08.370 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 City.
8.08.380 Ownersh
At such time as the solid waste or recyclables are placed for collection at the usual
place of collection, the solid, waste or recyclables are the property ofa Collector.
8.08.390 Disposal.
A. It is unlawful at any time for any person, including a Collector, to burn any
solid waste or recyclables within the City.
B. It is unlawful at any time for any person, including a Collector, to bury or
dump any solid waste or rccyclables within the City.
8.08.400 Resource recovery.
A Collector shall, at all times, comply with City policies and programs regarding
solid waste recovery, reduction of solid waste and recycling of solid waste, 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.
8.08.410 Collection of recyclable materials.
A. A Collector shall offer recyclable materials collection services as follows:
1. A service yard collection program.
2. Operation ofa drop-off center at City Hall where residents may drop off
recyclable items, such as newspaper, telephone books, glass and aluminum.
No hazardous wastes shall be accepted. Operation of the center shall be in a
manner consistent with all applicable laws. Signs indicating acceptable and
unacceptable recyclables shall be prominently posted. Bins or containers shall
Ordinance No. 314 -12-
be conspicuously labeled. A Collector will provide regular maintenance and
collection of reusable materials from the center, as directed by the Manager.
3. A Collector shall develop and implement a public information and education
program for the recyclable materials collection services described in this
Chapter, approved by the City Manager.
4. A Collector shall establish and maintain a system for establishing diversion
credits for the City of Rolling Hills in a manner consistent with the Act.
5. From the time of placement of recyclable materials for collection, such
recyclable materials shall be and become the property of a Collector. It shall
be a violation of this Chapter for any person unauthorized by the City or the
customer to collect or pick up or cause to be collected or picked up any such
items. Any and each such collection in violation hereof from one or more
locations shall constitute a separate and distinct offense punishable in
accordance with Chapter 1.08 of this Code.
B. Nothing in this Chapter shall limit the right of any person to donate, sell or
otherwise dispose of his or her recyclable materials.
8.08.420 Collection of green waste.
A. A Collector shall offer green waste services to its customers as follows:
1. Green waste shall be placed for collection in the manner set forth in this
Chapter and in the Agreement. All green waste shall he delivered to a
legitimate composting or alternative fuel facility or used as cover material at a
landfill, so that City receives credit for diverting the green waste from
disposal at a landfill.
2. On a periodic basis, if a resident has additional green waste in excess of what
can be placed in the green waste containers set out for collection, residents
may place green waste materials in bags or bundles, or in a plastic or metal
container with a lid for collection by a Collector.
3. A Collector shall provide to ali customers who request one, at the cost paid by
the customer, a composting bin of a type approved by the City Manager. Each
composting bin so provided shall include full instructions. A Collector shall
provide training, twice per year, on backyard composting, open to all residents
of the City. Composting shall be conducted pursuant to Section 8.08.430.
-4. A Collector shall develop and implement a public information and education
program for the green waste services described in this section, approved by
the City Manager.
5. Collector shall collect an unlimited amount of brush clearance required to be
removed by Section 15.20.040 of this Code and any additional green waste set
out at that time from every customer up to three times in the Spring and up to
three times in the Fall. The dates for such collections will be set forth in the
collection schedule mailed out to all customers pursuant to Section
8.08.320.C. and the placctnent and bundling specifications shall be set forth in
the Agreement.
8.08.430 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.
Ordinance No. 314 -13-
.4:
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.
8.08.440 Prohibited waste.
A. Electronic waste, electronic hazardous waste, and any other form of waste that
does not meet the definition of solid waste or recyclable materials shall not he disposed
of with solid waste or recyclables for regular solid waste collection by a Collector.
B. A Collector shall develop and implement a public information and education
program for electronic waste, electronic hazardous waste disposal and recycling,
hazardous waste and any other prohibited waste, approved by the City Manager.
C. Customers shall dispose of electronic waste, electronic hazardous waste,
hazardous waste and any other form of prohibited waste at special collection centers
operating throughout the region. A list of such collections centers is available at City
Hall.
VI
CONTAINERS
8.08.450 Care of containers.
Collector's agents and employees shall handle all containers with care.
8.08.460 Unauthorized Removal from containers.
No person other than a Collector who provides collection services at the premises,
or the owner or employee of the owner of the container, or the person upon whose
premises such container is located, or a City employee, shall remove any material from a
solid waste or recyclable container.
8.08.470 Tampering with containers.
No person other than the owner or occupant of the premises where a container is
located, or a Collector who provides collection services at the premises where the
container is located, or a City employee shall tamper with, or remove any container or
other equipment used for the storage of solid waste or recyclables.
8.08.480 Covering containers for solid waste.
Any container to be placed for collection containing solid waste shall have a
tightly fitting cover. Said cover shall be used at all times.
8.08.490 Unauthorized setting out of containers.
No person occupying, using or in charge of any premises shall set out or cause to
be set out for collection any solid waste or recyclables not generated on the premises.
8.08.500 Containers at residential premises.
A. Unless containers are to he provided by a Collector pursuant to the Franchise
Agreement, every customer in the City shall provide sufficient containers as to
accommodate the amount of solid waste generated by the premises. All containers shall
be constructed of metal, hard rubber or plastic, shall be constructed so as not to permit the
contents thereof to sift or pass through any opening therein other than the top, shall be
maintained in a clean and sanitary condition by the customer and shall not contain any
rough or jagged surfaces. Heavy-duty plastic bags especially manufactured for solid
waste collection and trash compactor sacks may also be used provided they arc securely
tied, not perforated or split.
B. Any solid waste not susceptible to placement in a container may be placed for
collection at the same place and time as the container if it is securely tied in bundles not
heavier than sixty pounds, not more than four feet in length, nor more than eighteen
inches in diameter. Wooden boxes, crates, pallets, or cardboard boxes are to be broken
down and stacked neatly at the depositor's refuse collection point.
Ordinance No. 314 -14-
C. No cardboard box, paper bag or oil drum may be used as a container for solid
waste.
D. A Collector shall schedule to collect bulky items from customers at least three
times during each calendar year. The dates for such collections will be set forth in the
collection schedule mailed out to all customers pursuant to Scction 8.08.320.C. and the
timing, item placement and other specifications for the collection shall be set forth in the
Agreement.
•
8.08.510 Accumulation of solid waste prohibited.
It is unlawful 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
and/or recyclables to become or remain offensive, unsightly or unsafe to the public health
or safety or hazardous from fire. It is unlawful to deposit, keep or accumulate, or permit
or cause any solid waste and/or recyclables 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. No customer or person occupying, owning or in control of any
premises shall permit solid waste and/or recyclables to accumulate, or to blow about in a
manner which creates an unsightly appearance, or a health hazard. It is unlawful for any
person to dispose of their solid waste into containers at locations other than those that
may be located upon property which they own or occupy or where they work. It is
unlawful for any person to place bulky items on the street except that bulky items may be
placed on the street within the two days prior to a bulky item collection scheduled
pursuant to Section 8.08.500.D, or within the two days prior to otherwise scheduled
collection or removal of the item.
8.08.520 Placement of containers at residential premises.
A. In the case of residential premises, each container or bundle shall he kept in
the service yard oldie premises reasonably concealed from view by neighbors. Such
areas shall be readily accessible to a Collector by a pathway. Access to the containers
shall not be impaired by the presence of any vehicles or other obstructions.
B. A Collector shall collect containers from the service yard and shall return all
containers in an upright position to the same approximate location where found by a
Collector and without any unnecessary noise or wear and tear or damage to said
receptacles. A Collector shall replace a container or reimburse the customer for any
damage caused to receptacles by the unnecessary wear and tear of a Collector.
C. In the event a Collector declines to collect any solid waste on a required
collection day, the Collector shall leave a tag on the container indicating the reason for
refusal to collect and the Collector's name and telephone number. A record shall be kept
by the Collector of all locations where such tags have been left, with the reasons noted.
Such record shall be made available for inspection by City upon reasonable notice.
8.08.530 Container storage areas.
The owner or occupant of residential premises where a container is placed shall
provide a clean, safe and sanitary place for its storage.
• VII
EXCLUSIONS
8.08.540 Residential waste and recyclable exclusion.
No provision of this Chapter shall prevent customers from collecting and
disposing of occasional loads of solid waste generated in or on their residential premises,
or from composting green waste, or from selling or disposing of recyclables generated in
or on their residential premises; provided, however, that no customer shall employ or
engage any solid waste enterprise, other than a Collector franchised in the City of Rolling
Hills, to haul or transport such materials to a transfer station or landfill.
8.08.550 Dwellings under construction.
When solid waste is not being generated on a property due to construction at a
temporarily vacant residential dwelling or at a newly constructed residential dwelling that
Ordinance No. 314 _15_
has not yet been occupied, the property owner may suspend mandatory collection service
for the time that the dwelling is not being occupied and may not be liable for collection
charges for such period of time as follows:
A. Residential dwellings undergoing alterations or repairs, but occupied or vacant
for less than four full weeks, shall receive regular service for collectible solid waste
during the construction period.
B. Residential dwellings which remain unoccupied for four full weeks or longer,
may suspend mandatory collection service and may not be liable for collection fees
during period or be eligible for a refund of the collection fees for such periods.
C. The property owner shall notify the City Manager and all Collectors
responsible for collection at that dwelling, at their respective offices, of the temporary
suspension of mandatory service. The notice shall be in writing and the effective date
shall be one week after the date of the notification. Receipt of the notice shall be
acknowledged by mail, fax or email communication and a reference number assigned to
avoid misunderstanding;
D. The property owner shall notify the City Manager and the Collectors
responsible for collection at that dwelling of the duration of the vacancy, if known, at the
time of the suspension of the collection service; otherwise owner shall notify by mail,
fax, email or phone within three calendar days of occupancy or resumption of occupancy
and service shall he resumed immediately thereafter; and
E. The premises described in the notice shall not be occupied during the period of
the. vacancy, and no solid waste of any type. other than construction/demolition waste
that is removed pursuant to Section 8.08.580, shall be produced during the period or
collected from the dwelling.
F. When collection fees have been prepaid on the property tax bill, a property
owner may request a refund of solid waste collection lees for the period that the property
was vacant and the service was suspended by filing a refund form with the City Manager
within sixty calendar days of occupying or reoccupying the premises. The City Manager
shall process the request within sixty days from receipt of the request and may grant a
refund for the proportionate amount of fees for the time the property was vacant and
service was suspended.
8.08.560 Gardener's exclusion.
A franchise shall not be required for the occasional removal of green waste as a
result of routine and regular tree trimming, gardening or landscaping activities. In order
to help the City meet its diversion requirements, gardeners, tree trimmers and landscapers
are encouraged to divert the occasional loads of green waste from the landfill to a
legitimate composting or alternative fuel facility or to use the waste as cover material at a
landfill, so that City can receive credit for diverting the green waste. Gardeners, tree
trimmers and landscapers arc encouraged to collect a tonnage form or tonnage report for
all green waste diverted from the landfill and residents are encouraged to submit such
tonnage forms or tonnage reports to the City Manager evidencing the amount of diverted
green waste.
8.08.570 Commercial Recycicr Exclusion for Source -Separated Rccyclables.
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 recyclablcs" within the meaning of this subsection
means recyclables which have been separated from solid waste for the purpose of sale or
donation, which have not been mixed with or contain more than incidental or minimal
solid waste, and which 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.
8.08.580: Construction or demolition waste.
A. Minimum construction or demolition waste diversion requirements
Ordinance No. 314 -16-
Every covered project shall divert at least fifty percent (50%), measured by
weight, of all construction or demolition waste generated by the covered project.
B. Exempt projects.
The diversion and reporting requirements of this Section shall not apply to the
following projects:
1. Any construction, remodeling or demolition project that does not require a
building permit and does nut generate recyclable materials and construction
and demolition waste.
2. 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.
Notwithstanding the exemptions set forth in this paragraph, permitees working on
exempt projects are encouraged to divert as much construction or demolition waste as
practicable and encouraged to use permitted haulers for removal of waste from the
project.
C. Construction/demolition hauling permit.
1. Permit required. No person or solid waste enterprise shall remove construction
and demolition waste from a covered project within the City without first
obtaining a construction/demolition hauling permit. The City Manager shall
maintain a list of all permitted construction/demolition haulers and residents
shall only use a permitted construction/demolition hauler for removal of
construction/demolition waste from any covered project within the City.
Application for construction/demolition hauling permit. An application for a
permit shall be filed with the City Manager and be accompanied by an
application fee in an amount set by City Council resolution to reimburse the
City for all expenses incurred by it in connection with granting the permit.
The application shall include, at a minimum, the following information:
a) Name, address, telephone number of the applicant and any other principals
in the hauler's business.
b) The type and amount of materials and waste material that the hauler is
capable of transporting.
c) The number of vehicles that the enterprise utilizes.
d) 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.
e) Such other pertinent facts or information as the City Manager may require
including but not limited to evidence of state certification, evidence of
previous experience, and demonstration of reliable and safe equipment.
3. in order to be legally qualified to obtain a construction/demolition hauler
permit:
a) The applicant shall be willing and able to comply with the provisions of
this Code, applicable law, and all requirements oldie permit.
b) The applicant shall have demonstrated ability to remove and transport the
required construction/demolition waste to the appropriate waste disposal
facilities
c) The applicant shall not have tiled materially misleading information in its
application or intentionally withheld information that the applicant,
lawfully is required to provide.
4. Issuance of permits. The City Manager may issue a non-exclusive
construction/demolition hauler permit subject to such conditions as are
Ordinance No. 314 -17-
necessary to protect the public health, safety and welfare and to assure that the
permit is exercised for its circumscribed purposes. A permit shall not be
transferred to another person or solid waste enterprise. Permits shall remain
in effect for one year and must be renewed annually.
5. A permitted construction/demolition hauler shall be subject to the following
provisions of Chapter 8.08: Sections 8.08.150 Collector's liability insurance,
8.08.160 Worker's compensation insurance, 8.08.170 indemnification,
8.08.190 Office for inquiries and complaints, 8.08.200 Permits and licenses,
8.08.250 Vehicle identification, 8.08.260, City Inspection Authority, 8.08.270
Operation of equipment, 8.08.310 Hours of collection, 8.08.320 Litter,
8.08.340 Trespass, 8.08.350 Noise, 8.08.360 Ownership, 8.08.370 Disposal,
8.08.380 Resource recovery, and all other applicable provisions of the
Municipal Code.
6. Failure by a permitted hauler to comply with the diversion and/or reporting
requirements of this Section will result in automatic revocation of the
construction/demolition hauler permit. A hauler whose permit has been
revoked shall not be eligible to reapply for a new perniit for a period of tliree-
years from the date of revocation.
D. Condition precedent to issuance of building or demolition permit.
As a part of any application for, and prior to the issuance of, any building or
demolition permit for a covered project, every perniittee shall identify the permitted
hauler that has been designated to remove all construction/demolition waste associated
with the project. The application shall also be accompanied by a construction/demolition
waste fee, set by resolution of the City Council to reimburse the City for all expenses
incurred by it in connection with monitoring compliance with this Section.
E. Records.
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 City Manager that can be converted to tonnage.
F. Reporting.
Within thirty (30) calendar days following the completion of any covered project,
the hauler 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 Manager establishing compliance with the requirements of this Section. 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 Manager, 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 Manager to verify the amount of construction or demolition waste
generated from the site that has been diverted.
If a project involves issuance of both a demolition and building permit, the report
and documentation for the demolition pennit shall be submitted to and approved by the
Manager before issuance of a building permit.
G. Monitoring responsibility of Manager.
The City Manager shall monitor each covered project for compliance with this
Section.
H. Implementing Regulations
Ordinance No. 314 -18-
The Manager 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.
Section 2. This ordinance shall apply to all franchise agreements amended,
extended or executed after the effective date of this ordinance.
Section 3. The City Clerk shall certify to the adoption of this ordinance and shall
cause the same to be published as required by law.
PASSED, APPROVED and ADOPTED this 23rd day of February, 2009.
ATTEST:,
Heidi Luce, Deputy City Clerk
FRANK HILL, MAYOR
Ordinance No. 314 -19-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
I certify that the foregoing Ordinance No. 314 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING
HILLS MUNICIPAL CODE RELATING TO THE COLLECTION
OF SOLID WASTE AND RECYCLABLES
was approved and adopted at a regular meeting of the City Council on February 23, 2009
by the following roll call vote:
AYES:
Councilmembers Black, Lay, Pernell, Mayor Pro Tern
Heinsheimer and Mayor Hill.
NOES: None .
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
Heidi Luce, Deputy City Clerk
Ordinance No. 314 -20-
May 19, 2009
e1.0/ie0ii,
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
Dear Contractor,
Beginning July 13, 2009, the City of Rolling Hills, unrelated to existing or future requirements of any
other organization or association, will require all private haulers of construction and demolition
waste to have a permit to conduct business in the City. The permit can be obtained at City Hall, 2
Portuguese Bend Road, Rolling Hills, CA between the hours of 7:30 a.m. and 5:00 p.m. Monday
through Friday.
For purposes of operating in the City and working under the required permit, construction and
demolition waste is defined as:
Any debris resulting from the construction, modification or demolition of any structure,
roadway or property, 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 project.
The permit will require, among a variety of provisions, that any hauler of construction and
demolition waste divert at least 50%, measured by weight, of all construction and demolition waste
generated by a construction project. In addition, to obtain a permit, a hauler will be required to
provide the City with a variety of information including evidence of liability and workers'
compensation insurance. Evidence of recycling or diverting construction and demolition waste and
landfill disposal will be necessary with verification from the receiving facilities. A permit may be
obtained at a cost of $25.00 for an individual project serviced by the hauler or for unlimited projects
over a 12 month period at a cost of $250. The permit must be renewed annually. For complete
information relative to obtaining a permit and permit requirements, please see the enclosed
information or visit the City's Web site at www.Rolling-Hills.org. Questions can be addressed by
calling City Hall at 310-377-1521. Information on locations for recycling construction and demolition
waste can be found on the City's Web site, www.Rolling-Hills.org. The following links may also be
useful: http://www.lacitysan.org/solid_resources/pdfs/2008/cert_proc_rebate_letter_102108.pdf
and http:-//www.ciwmb.ca.gov/ConDemo/Recyclers/RecyclerSearch.aspx.
Thank you for your cooperation.
on 1_iahi'liruc
City Manager
05-19-09C&Dhaulers-ltr.doc
c:
Kristen Raig, Manager, Rolling Hills Community Association
Kit Bagnell, Los Angeles County Building and Safety
William Pagett, Senior Vice President, Willdan Engineering
Printed on Recycled Paper
Recycling and Waste Reduction Final Compliance Report*
City of Rolling Hills
* This form must be submitted to the City of Rolling Hills within
30 days of completing every demolition and construction project.
Verification from each location(s) utilized for the disposal of
construction and demolition waste must be provided.
Company Name:
Permit No.
Date:
Project Site
Building Permit No:
Address:
Facility used for C&D Disposal
Facility used for C&D Disposal
Name:
Name:
Address:
Address:
City:
City:
State/Zip Code
State/Zip Code
Telephone No.
Telephone No.
Type of facility for material removed:
Type of facility for material removed:
Landfill MRF Recycling Ctr
Landfill MRF Recycling Ctr
❑ ❑ ❑
❑ ❑ ❑
Reuse Ctr Other (explain)
Reuse Ctr Other (explain)
❑ ❑
❑ ❑
Weight:
Weight:
Type of material removed:
Type of material removed:
Demolition (only) Construction
Demolition (only) Construction
❑ .❑
❑ ❑
Recycling and Waste Reduction
Final Compliance Report
05/13/09
Page 1 of 2
Facility used for C&D Disposal
Facility used for C&D Disposal
Name:
Name:
Address:
Address:
City:
City:
State/Zip
State/Zip
Telephone No.
Telephone No.
Type of facility for material removed:
'Type of facility for material removed:
Landfill MRF Recycling Ctr
Landfill MRF Recycling Ctr
•
Reuse Ctr Other (explain)
Reuse Ctr Other (explain)
Weight:
Weight:
Type of material removed:,
Type of material removed:
Demolition (only) ' Construction
' Demolition:(only) V Construction
• ❑ ❑'
❑ ❑
I acknowledge that at least 50% of the construction and demolition waste collected
from the above referenced site was diverted away from a landfill.
Name (Print)
Name (Signature)
Date
For Internal Use
•
Yes
No
Issued By:
Date
Approved for issuance of building permit
(for compliance with diversion of
demolition material)
Approval for final inspection / certificate
of occupancy (for compliance with
diversion of construction material)
Copy of receipts provided?
Recycling and Waste Reduction
Final Compliance Report
05/13/09
Page 2 of 2
Permit requirements and application for collection and disposal of
construction and demolition waste in the City of Rolling Hills
Effective July 13, 2009
Permit Requirements
1. A construction and demolition waste hauling permit is required in order to remove
construction and demolition waste from any construction, remodeling or
demolition project that requires a building permit ("a Covered Project").
2. Permitted haulers are required to divert away from a landfill at least fifty percent
(50%), measured by weight, of all construction or demolition waste generated by
a Covered Project. Failure by a permitted hauler to comply with the City's
diversion and/or reporting requirements will result in automatic revocation of the
construction/demolition hauler permit. A hauler whose permit has been revoked
shall not be eligible to reapply for a new permit for a period of three -years from
the date of revocation.
3. Within 30 days after completing a Covered Project, the permitted hauler must
submit to the City of Rolling Hills a "Recycling. and Waste Reduction Final
Compliance Report" including verification of the disposal amount and location(s)
to demonstrate that at least 50% of the construction and demolition waste
generated from the project was not disposed in a landfill. ,
4. Final inspection on a Covered Project and a Certificate of Occupancy will be
contingent upon submission and City approval of the "Recycling and Waste
Reduction Final Compliance Report."
5. The City, at any time, with 5 days advance notice may inspect the hauler's records
and documents for compliance with the City's Municipal Code requirements.
6. Permitted working hours within Rolling Hills are Monday through Saturday,
7:00am to 6:00pm, except holidays.
7. Large projects that necessitate a street closure for the collection of construction
and demolition waste may require traffic control. If a street is to be closed, for
safety reasons, it is necessary for the hauler to call City Hall and make appropriate
arrangements.
8. The release or spill of any construction or demolition waste on public property is
prohibited and shall promptly be cleaned up, contained, collected and removed to
the satisfaction of the City Manager.
C&D Hauler Permit Application 05/13/09
Page 1 of 6
Application
City of Rolling Hills
Construction and Demolition Waste Hauling Permit
Company Name:
Company Owner(s):
Company Owner(s):
Business Contact Information
Emergency Contact Information
Address:
Name:
City:
Telephone No.
State/Zip Code
Telephone No.
Telephone No.
Fax No.
Type of Permit:
Individual Project
($25)
Multiple Projects (12 months)
($250)
❑
❑
Individual Project Address:
Type of solid waste material, capable for removal:
Size(s) of container(s) or vehicles(s) used for the contracted services:
C&D Hauler Permit Application
05/13/09
Page 2 of 6
Services provided for:
Removal of demolition waste (only)
Removal of construction waste
License plate(s) of vehicles or equipment to be operated in Rolling Hills:
Facility to be used for C&D Disposal
Facility to be used for C&D Disposal
Name:
Name:
Address:
Address:
City:
City:
State/Zip Code
State/Zip Code
Telephone No.
Telephone No.
Type of facility:
Type of facility:
Facility to be used for C&D Disposal
Facility to be used for C&D Disposal
Name:
Name:
Address:
Address:
City:
City:
State/Zip Code
State/Zip Code
Telephone No.
Telephone No.
Type of facility:
Type of facility:
Initial
Insurance Requirements
A. Pursuant to Rolling Hills Municipal Code § 8.08.580.C.5, construction and
demolition haulers shall procure and maintain during the effective term of
this permit the following types and minimum levels of coverage, which
shall apply to. any claims which may arise from or in connection with
hauler's performance under this permit or the actions or inactions of any
of hauler's officers, agents, representatives, employees, or subcontractors
in connection with hauler's performance. The insurance requirements in
no way limit hauler's various defense and indemnification obligations, or
any other obligation set forth in this permit.
C&D Hauler Permit Application
05/13/09
Page 3 of 6
B. Hauler shall maintain in forcefor the term of this Permit limits no less
than:
1. Comprehensive General Liability: One Million Dollars ($1,000,000)
limit aggregate and One Million Dollars ($1,000,000) limit per
occurrence for bodily injury, personal injury and property damage.
2. Automobile Liability: One Million Dollars ($1,000,000) single limit
per accident for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of
California.
C. Such insurance policies:
1. Must be procured from an insurer authorized to do business in the
State of California.
2. Must name the City of Rolling Hills and its officers, employees and
agents as additional insureds.
3. Must not be suspended, canceled, or terminated without first giving to
City thirty calendar days' prior written notice and obtaining substitute
insurance meeting the requirements above. Failure to meet this
requirement shall render this permit null and void. Hauler shall be
liable to the City for any and all damages suffered by the City arising
out of such insurance suspension, cancellation or termination.
4. Must be primary and noncontributing with respect to any other
insurance available to the City and shall include a cross- liability
clause requiring the insurer to protect each insured separately.
D. A copy of the policy or certificate of insurance along with all necessary
endorsements must be filed with the City Manager before a permit
becomes effective.
E. Hauler shall at all times provide, at its own expense, workers'
compensation insurance coverage for all of its employees and shall file
and maintain a certificate with the City Manager showing said insurance
to be in full force and effect before a permit becomes effective. The
insurer shall agree to waive all rights of subrogation against City, its
officials, elective and appointive boards, commissions, employees, agents
and volunteers for losses arising from work performed by Hauler for City.
Indemnification Requirements
Initial
A. Hauler agrees to and shall indemnify and hold harmless City, its elected
and appointed boards, commissions, officers, employees, consultants and
agents (collectively, "Indemnitees") from and against any and all loss,
liability, penalty, forfeiture, claim, demand, action, proceeding or suit in
law or equity of any and every kind and description (including, but not
limited to, injury to and death of any person and damage to property, or
C&D Hauler Permit Application 05/13/09
Page4of6
for contribution or indemnity claimed by third parties) arising or resulting
from and in any way connected with (1) the negligence or willful
misconduct of hauler, its officers, employees, agents, contractors and/or
subcontractors in performing services under this permit; (2) the failure of
hauler, its officers, employees, agents, contractors and/or subcontractors to
comply in all respects with the provisions of this permit, any applicable
law, ordinance and regulation, and/or applicable permit and license; (3)
the acts of hauler, its officers, employees, agents, contractors and/or
subcontractors in performing services under this Agreement for which
strict liability is imposed by law.
B. The foregoing indemnity shall apply regardless of whether such loss,
liability, penalty, forfeiture, claim, demand, action, proceeding, suit,
injury, death or damage is also caused in part by any of the Indemnitees'
negligence, but shall not extend to matters resulting from the Indemnitees'
sole negligence, or willful misconduct. Hauler further agrees to and shall,
upon demand of City, at hauler's sole cost and expense, defend (with
attorneys acceptable to City) the Indemnitees against any claims, actions,
suits in law or equity or other proceedings, whether judicial, quasi-judicial
or administrative in nature, arising or resulting from any of the
aforementioned events, and to reimburse City for any and all costs and
expenses City incurs in providing any such defense, either before, during
or after the time hauler elects to provide such defense, including any and
all costs incurred in overseeing any defense to be provided herein by
hauler.
C. Without regard to any insurance coverage or requirements, and without
limiting the above general indemnification obligation in any way, hauler
specifically agrees to and shall, to the maximum extent permitted by law,
defend (with counsel acceptable to City), reimburse, indemnify, and hold
harmless Indemnitees from and against any and all claims, actions,
liabilities, damages, demands, judgments, losses, costs, liens, expenses,
suits, actions, attorneys' fees, consultant fees, penalties and any and all
other losses, damages, fees and expenses of whatever kind or nature
("Claims") (including but not limited to response costs, investigative costs,
assessment costs, monitoring costs, treatment costs, cleanup costs,
removal costs, remediation costs, and similar costs, damages and
expenses) that arise out of or are alleged to arise out of or in any way
relate to any action, inaction or omission of Contractor that:
1. results in any demand, claim, notice, order, or lawsuit, asserting that
any Indemnitee is liable, responsible or in any way obligated to
investigate, assess, monitor, study, test, treat, remove, remediate, or
otherwise cleanup, any Hazardous Contaminant (as defined herein); or
2. relates to material collected, transported, recycled, processed, treated
or disposed of by hauler.
C&D Hauler Permit Application 05/13/09
Page 5 of 6
D. Hauler's indemnification obligations shall apply, without limitation, to:
1. any Claims brought pursuant to or based on the provisions of any
environmental law, including the Resource Conservation and
Recovery Act ("RCRA"), 42 U.S.C. Sections 6901, et seq., the
Comprehensive Environmental Response, Compensation and
Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et seq., the
Carpenter -Presley -Tanner Hazardous Substance Account Act
("HSAA"), codified at California Health and Safety Code Sections
25300 et seq.; and all future amendments to any of them;
2. any Claims based on or arising out of or alleged to be arising out of
the ownership, use, lease, sale, design, construction, maintenance or
operation of hauler of any Facility;
3. any Claims based on or arising out of or alleged to be arising out of
the marketing, sale, distribution, storage, transportation, disposal,
processing or use of any materials recovered by hauler;
E. The foregoing indemnity and defense obligations shall apply irrespective
of the negligence or willful misconduct of hauler or any affiliate of hauler.
THE PROVISIONS OF THIS INDEMNIFICATION SECTION SHALL NOT
TERMINATE OR EXPIRE, SHALL BE GIVEN THE BROADEST POSSIBLE
INTERPRETATION AND SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS PERMIT. 1
I, (print your name) certify that I have
read the construction and demolition hauler permit requirements, including the
insurance and indemnification requirements above, and I agree to comply with all
of the requirements.
Company Owner (Signature) Date
For Internal Use
Amount
Paid
•
Permit
Number
Receipt
Number
Issued By:
Permit
Valid
Thru:
Liability
Insurance
forms
received
Workers
Comp
Insurance
forms
received
C&D Hauler Permit Application
05/13/09
Page 6 of 6
A&D Clean Up Masters
1840 S. Gaffey Ave. #208
San Pedro, CA 90731
Ace Roll Off Rubbish
22022 Moneta Ave.
Carson, CA 90745
Above All Demolition
948 Ellesmere Way
Oak Park, CA 91377
Albert Addison Hauling
17907 Mackeson Ct.
Carson, CA 90745
,
Accurate Demolition
1671 Anaheim St.
Harbor City, CA 90710
Alexander Demolition and Hauling
15533 Patronella Ave.
Gardena, CA 90249
Allied Waste Archform BAM Construction
14905 S. San Pedro Street 2729 P.V. drive West 11602 Mac Street
Gardena, CA 90248 Palos Verdes Estates, CA 90274 Garden Grove, CA 92841
Chris' Hauling
29540 Bernice Dr.
Rancho Palos Verdes, CA 90275
Doug Morris
4918 Camerino St.
Lakewood, CA 90712
Giannola Construction
28717 Mt. Rose Road
Rancho Palos Verdes, CA 90275
J&B Clean Up
P.O. Box 6202
San Pedro, CA 90734
Keenan Development & Const.
25124 Narbonne Ave. #206
Lomita, CA 90717
Larry Jacinto
P.O. Box 615
Mentone, CA 92359
Luis de la Rosa Construction
2785 P.C.H. #E-149
Torrance, CA 90505
D.M.P. Construction
2408 Steed Court
Lomita, CA 90717
Drews Construction
P.O. Box 517
Lomita, CA 90717
How C.H.B.
4135 W. 228th Place
Torrance, CA 90505
JJK Roll Off
1617 W. Sepulveda Blvd. #3
Torrance, CA 90501
Kohler & Sons
3635 Newton St. Ste. E
Torrance, CA 90505
Larry Murakami Demolition
23120 Los Codona Ave.
Torance, CA 90505
Mackenbach Construction
56 Portuguese Bend Road
Rolling Hills, CA 90274
Dionicio Suarez
1340 W. 254th St.
Harbor City, CA 90710
Eduardo Ramos
1204 Ynez Ave.
Redondo Beach, CA 90717
Hurst Roofing
P.O. Box 510
San Pedro, CA 90733
Juan Francisco
1312 W. Robidoux St.
Wilmington, CA 90744
Lamb Construction
25920 Rolling Hills Rd.
Torrance, CA 90274
Lucas Brothers
21039 Figueroa St. #300
Carson, CA 90745
Madden Construction (Madden Jr.)
29102 S. Highmore Ave.
Rancho Palos Verdes, CA 90275
MAF Construction
1000 N. Western Ave. #201
San Pedro, CA 90732
McKinney Construction
2345 W. 235th Place
Torrance, CA 90501
Parker Construction
360 E. Gladstone
Glendora, CA 91740
Primo Hauling •
6801 Atlantic Ave.
Long Beach, CA 90851
Ragsdale Construction
1453 Summerland
San Pedro, CA 90732
Simich Construction
1400 S. Harbor Blvd.
San Pedro, CA 90731
Traver's Tree Service
P.O. Box 7000-416
Palos Verdes Peninsula, CA 90274
Walsh Construction
605 Cloyden Road
Palos Verdes Estates, CA 90274
Rick Marshall,
West Construction
86 Rockinghorse
Rancho Palos Verdes, CA 90275
A-1All American Roofing
22029 S. Figueroa St.
Carson, CA 90745
Margarito Monroy
600 W. 112th Street
Los Angeles, CA 90044
Mirage Construction
2503 Carnegie Lane
Redondo Beach, CA 90278
Petite Bobcat Services
1723 262nd Street
Harbor City, CA 90710
Quinn Pools
1050 W. 251st St.
Harbor City, CA 90710
Reyonld's Development
723 Yarmouth Rd.
Palos Verdes Estates, CA 90274
Steve Alexander Demo/Hauling
1334 221st Street
Torrance, CA 90501
Tri-Sam Development
20710 Earl St.
Torrance, CA 90503
Waste Management
P.O. Box 3027
Houston, TX 77253
William Howe, C.W. Howe, Inc.
26 Hillcrest Meadows Dr.
Rolling Hills Estates, CA 90274
Martinez Bros.
3215 W. 187th Place
Torrance, CA 90504
Olson Construction
P.O. Box 865
Lomita, CA 90717
Platinum Construction
553 N. P.C.H., Ste. B-334
Redondo Beach, CA 90277
Rafael Espinoza
26803 Indian Peak Road
Rancho Palos Verdes, CA 90275
Rodriguez Concrete
1312 W. Rubidoux St.
Wilmington, CA 90744
Stock Construction
1923 Border Ave.
Torrance, CA 90501
Veteran's Hauling
P.O. Box 7000-759
Redondo Beach, CA 90277
William Howe Jr.
28041 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
MAILED 4/18/09
Public/Refuse/Solid Waste Haulers
5160 labels 2009.doc
Palos Verdes Peninsula News
550 Deep Valley Dr. Ste 293B
Rolling Hills Estates CA 90274
Proof of Publication ,
(2015.5 C.C.P)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
•
I am a citizen of the United States; and a resident
of the county aforesaid; I am over the age of
eighteen years; and I am not a party to or interested
in the notice published. I am the chief legal
advertising clerk of the publisher of the
PALOS VERDES PENINSULA NEWS
a newspaper of general circulation, printed and
published Twice weekly in the City of Rolling
Hills Estates .County of Los Angeles, and which
newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the
County of Los Angeles, State of California,
under the date of February 15, 1977
Case Number C824957, that the notice, of which
the annexed is a printed copy, has .been published .
in each regular and entire issue of said newspaper
and not in.any supplement thereof on the following
dates, to -wit:
January 29
Allin the year 2009
I certify (or declare) under penalty of perjury that
the foregoing is true and correct .
Dated at Rolling Hills Estates, California, this
29th day of January 2009
'Signature
RECEIVED
JAN 3 0 2009
City of Rolling Hills
•
R •,r
PVPN # 9184
NOTICE.OPUBOC'HEARING
ORDINANCE N4 AN ORDINANCE OFRHE
• ROLL1NGZHILLSs'AME.NDING IN"ITS ENT1F04CHAR R`
8'080F,THE ROWNG HILLS MUNICIPAL'CODE'REartiG
go:4THEKCOLLECTIONoOF".SOLID WASTE'AND''RECY
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City 41 fidio
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
Agenda Item No.: 3-f
Mtg. Date: 02-23-09
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ANTON DAHLERBRUCH, CITY MANAGER
SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY
CHAPTER 8.08 THE ROLLING HILLS MUNICIPAL CODE RELATING
TO THE COLLECTION OF SOLID WASTE AND RECYCLABLES.
DATE: FEBRUARY 23, 2009
ATTACHMENT:
Proposed Solid Waste Ordinance No. 314
RECOMMENDATION
It is recommended that the City Council approve as presented proposed Ordinance No.
314, an ordinance of the City of Rolling Hills amending in its entirety Chapter 8.08 of the
Rolling Hills Municipal Code relating to the collection of solid waste and recyclables.
BACKGROUND
At its February 9, 2009 meeting, the Mayor introduced and opened the public hearing on
the attached draft ordinance. A motion was made and seconded to waive further reading
and introduce Ordinance No. 314 as amended in Sections 8.08.020, 8.08.410 and 8.08.580 to
correct the typographical errors. The motion carried unanimously by those council
members in attendance. Upon closure of the public hearing, staff was directed to prepare
Ordinance No. 314 for adoption at the February 23, 2009 meeting of the City Council.
NOTICE
Notice of this ordinance being considered by the City Council has been provided to the
Rolling Hills Community Association, Allied Waste and construction and demolition
haulers known to be conducting business in Rolling Hills..
CONCLUSION
It is recommended that the City Council adopt proposed Ordinance No. 314.
AD/HL
Solid Waste Ordinance Staff Rcport.doc
Page 1ofl (.9
Printed on Recycled Paper
ORDINANCE NO. 314
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING
HILLS MUNICIPAL CODE RELATING TO THE COLLECTION
OF SOLID WASTE AND RECYCLABLES
The City Council of the City of Rolling Hills does ordain as follows:
Section 1. Title 8, Chapter 8.08 of the Rolling Hills Municipal Code is amended in its
entirety to read as follows:
Chapter 8.08
SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION*
Sections:
8.08.010 Purpose.
I
DEFINITIONS
Sections:
8.08.020 Definitions.
II
FRANCHISES
Sections:
8.08.030 Franchise requirement.
8.08.040 Franchise.
8.08.050 Franchise terms.
8.08.060 Transfer of franchise.
8.08.070 Franchise fee.
8.08.080 Interim suspension.
8.08.090 Appeals.
8.08.100 Council action.
8.08.110 Revocation or modification of franchise..
8.08.120 Notice of hearing on Franchise.
8.08.130 City council decision.
8.08.140 Cessation of operations.
Ordinance No. 314 -1-
III
GENERAL REQUIREMENTS
Sections:
8.08.150 Collector's liability insurance.
8.08.160 Worker's compensation insurance.
8.08.170 Indemnification.
8.08.180 Bonds.
8.08.190 Responsibility for damages.
8.08.200 Office for inquiries and complaints.
8.08.210 Permits and licenses.
8.08.220 Fees and charges.
8.08.230 Collection rates.
8.08.240 Collection of charges.
8.08.250 Required monthly reports.
8.08.260 City inspection authority.
IV
VEHICLES
Sections:
8.08.270 Vehicle identification.
8.08.280 Amount and type of equipment.
8.08.290 Operation of equipment.
8.08.300 Compliance with vehicle standards.
V
COLLECTION/MANDATORY SERVICE
Sections:
8.08.310 Mandatory service.
8.08.320 Frequency of collection.
8.08.330 Hours of collection.
8.08.340 Litter.
8.08.350 Employees of collector.
8.08.360 Trespass.
8.08.370 Noise.
8.08.380 Ownership.
8.08.390 Disposal.
8.08.400 Resource recovery.
8.08.410 Collection of recyclable materials.
8.08.420 Collection of green waste.
8.08.430 Backyard residential compositing
8.08.440 Prohibited waste.
VI
CONTAINERS
Sections:
8.08.450 Care of containers.
8.08.460 Unauthorized removal from containers.
Ordinance No. 314 -2-
8.08.470 Tampering with containers.
8.08.480 Covering containers for solid waste.
8.08.490 Unauthorized setting out of containers.
8.08.500 Containers at residential premises.
8.08.510 Accumulation of solid waste prohibited.
8.08.520 Placement of containers at residential premises.
8.08.530 Container storage areas.
VII
EXCLUSIONS
Sections:
8.08.540 Residential waste and recyclable exclusion.
8.08.550 Dwellings under construction.
8.08.560 Gardner's exclusion.
8.08.570 Commercial recycler exclusion for source -separated recyclables
8.08.580 Construction or demolition waste.
8.08.010 Purpose.
This Chapter is adopted in accordance with Article XI, §7 of the California Constitution
and Public Resources Code § 40059 et seq., in order to protect the public health, safety,
and well-being, control the spread of vectors, and to limit sources of air pollution,, noise
and traffic from waste hauler vehicles within the City.
1
DEFINITIONS
8.08.020 Definitions.
The following words and phrases, for the purposes of this Chapter, are defined as
follows:
"AB 939" or "Act" means the California Integrated Waste Management Act of 1989,
Public Resources Code Sections 40000, et seq., as they now exist or may subsequently be
amended.
Building Official. "Building Official" has the same meaning as the word is used in
Section 15.04.040 of this Code.
"Bulky items" means and includes, without limitation, large and small household
appliances, furniture, carpets, mattresses, tires and oversized yard waste such as tree
trunks and large branches not larger than two feet (2') in diameter and four feet (4') in
length.
"City" means the City of Rolling Hills.
"Collection" means the operation of gathering together and/or transporting by means of a
motor vehicle any classification of solid waste or recyclables within the City.
Ordinance No. 314
"Collector" means any person who has been issued a franchise to provide solid waste
and/or recyclable materials collection services in the City.
"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 permit issued under Section 8.08.580.C.
"Construction/Demolition Waste" means any debris resulting from the construction,
modification or demolition of any structure, roadway or property, 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 project.
Construction, Remodeling or Demolition Project. "Construction, Remodeling or
Demolition Project" means any alteration to a building, structure or landscaping that
requires a building 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, collection and removal of solid waste, recyclables,
construction/demolition waste and green waste.
"Covered Project" means any construction, remodeling or demolition project that is not
exempt pursuant to Section 8.08.580.B.
"Customer" means persons, including both owners and occupiers of residential property
in the City who obtain collection services from a Collector pursuant to this Chapter.
"Designated collection location" means the place where the customer shall place, and
from where a Collector is to collect, solid waste and recyclables in containers designated
for that purpose.
"Disposal" means the complete operation of treating and/or disposing of solid waste after
the collection thereof.
"Divert, Diverted and Diversion" shall have the same meaning as the words are defined
in Public Resources Code § 40124, as amended.
"Electronic hazardous waste" means electronic products that contain hazardous
substances as identified by the California Department of Toxic Substances Control, such
as lead or mercury and include without limitation cathode ray tube (CRT) devices
(including televisions and computer monitors); LCD desktop monitors; laptop computers
with LCD displays; LCD televisions; plasma televisions, and portable DVD players with
LCD screens. Electronic hazardous waste shall not be considered solid waste for
purposes of this Chapter. Electronic waste means any electronic product with a circuit
Ordinance No. 314
board or battery, including without limitation personal computers, monitors, televisions,
keyboards, printers, telephones (including cell phones), fax machines, calculators,
copiers, video game systems and audio equipment. Electronic waste shall not be
considered solid waste for purposes of this Chapter.
"Franchise agreement" or "Agreement" means the Solid Waste Collection Agreement
entered into between a solid waste enterprise and the City, approved by the City Council
that sets forth all of the rights and obligations of the franchise, consistent with this
Chapter and state law.
"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, the Resource Conservation and Recovery Act
("RCRA"), 42 U.S.C. Sections 6901, et seq., the Comprehensive Environmental
Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et
seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act ("HSAA"),
codified at California Health and Safety Code Sections 25300 et seq.; and all future
amendments to any of them, or as defined by the Environmental Protection Agency, the
California legislature, the California Integrated Waste Management Board, 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.
"Holiday" means:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
"Holiday" also means any other day designated as such in a contract between a Collector
and the labor union serving as the exclusive representative of that Collector's employees,
provided the holiday is established or recognized by resolution of the City Council or in a
franchise agreement between the City and a Collector:
"Manager" or "City Manager" means the City Manager or his/her designee of the City.
"Manure" means the waste droppings or matter from any animal normally accumulated
and associated with stables or livestock and not disposed of through sewers or on -site
wastewater systems.
Ordinance No. 314
"Notice" means notice sent by first-class certified mail, or facsimile or email delivery if
agreed to by the parties under the franchise agreement.
"Officer" means the president, vice-president, treasurer or other duly designated
representative of a Collector.
"Parcel of real property" means a parcel of real property as shown on the local secured
tax rolls of the County of Los Angeles.
"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.
"Permittee" means any person that had applied for and received a building or demolition
permit to undertake a construction, remodeling or demolition project covered by this
ordinance within the City.
"Public agency" means any governmental agency or department thereof, whether federal,
state, or local.
"Recyclable materials" means reusable waste materials, including but not limited to
metal, glass, plastic and paper, cardboard, and green waste, that are to be collected,
separated or processed and used as raw materials.
"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 material 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 in Public Resources Code Section
40201.
"Residential premises" means any residential property in the City.
"Service yard" means a yard surrounding portion of a residential dwelling required under
the Rolling Hills Zoning Ordinance and/or the Rolling Hills Community Association
Rules, and enclosed by a fence or wall.
"Solid waste" means garbage, green waste, manure, vegetable or animal solid or
semisolid wastes, recyclables, or rubbish of every kind and character, that is generated or
accumulates in residential and public facilities. Solid waste must be generated by and at
the physical location wherein the solid waste is collected and does not include electronic
waste, electronic hazardous waste or hazardous waste. Solid waste includes:
A. Garbage. All putrescible waste which generally includes but is not limited to
kitchen and table food waste, animal, vegetative, food or any organic waste that is
Ordinance No. 314 -6-
attendant with, or results from the storage, preparation, cooking or handling of food
materials.
B. Green Waste. Any vegetative matter resulting from regular and routine yard
and landscaping maintenance or seasonal variations. Green waste includes plant debris,
such as grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps,
flowers, plant stalks, wood and other forms of organic waste not more than five feet in its
longest dimension or with a diameter not more than six inches or weights not more than
fifty pounds.
C. Rubbish means without limitation, accumulation of unwanted material to -be
disposed of such as paper, polystyrene, excelsior, pottery, rags, cloth, boxes and
containers, sweep -ups and all other accumulations of a nature other than garbage, green
waste or recyclable materials.
"Solid waste enterprise" means any person, partnership, joint venture, unincorporated
private organization or private corporation regularly engaged in the business of providing
solid waste handling services. This definition does not include persons providing tree
trimming or brush, clearance services.
"Tonnage form" means the document adopted by the City Council which is used to
determine the net amount of solid waste and/or recyclables disposed of in a permitted or
certified facility.
"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" means the process of moving .solid waste through the City:
"Waste disposal facility" or "facility" means any landfill, transfer station, incinerator,
land reclamation project, recycling facility or other similar site or facility which is used
or intended to be used for the transfer, consolidation, processing or disposal of solid
waste or recyclables.
"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.
II
FRANCHISES
8.08.030 Franchise requirement.
The City Council may authorize, by franchise, a solid waste enterprise to provide
solid waste collection and recycling services for residential users or customers in the
City. In the sole discretion of the City Council, the solid waste handling services may be
Ordinance No. 314 -7-
authorized on an exclusive or nonexclusive basis, and 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. Except as otherwise provided for in this Chapter, no person shall
collect and/or dispose of solid waste or recyclables in the City without having first been
awarded a solid waste collector franchise and entered into a franchise agreement with the
City or after having received a limited permit for collection of construction and
demolition waste pursuant to Section 8.08.580. A franchise shall be in addition to any
business license or permit otherwise required by the City. All such franchisees shall
comply with all of the requirements of this Chapter. Except as specified in the Franchise
Agreement, the City retains the rights and power that it has under applicable laws and
nothing in the Franchise Agreement may be construed to waive any of the City's
governmental rights or police powers.
8.08.040 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. Upon solicitation by the City, persons seeking to obtain an initial, renewal or
transferred solid waste collection franchise shall file an application, accompanied by an
application fee set by resolution of the City Council, with the City Manager.
Applications shall be in a form prescribed by the City Manager and applicable law. All
applications accepted for filing are available for public inspection unless otherwise
provided by applicable law.
C. In order to be legally qualified for an initial or renewal solid waste franchise
or a approval of a transfer of a solid waste franchise:
1. The applicant shall be willing and able to comply with the provisions of this
Code, applicable law, and all requirements of the solid waste franchise.
2. The Applicant shall not have had any solid waste franchise validly revoked by
any franchising authority within three (3) years preceding the submission of
the application.
3. No individuals employed by the applicant who are or will be responsible for
the management and oversight of the franchise operations for the City, during
the ten (10) years before submitting the application, shall have been convicted
of a crime impugning their truthfulness and/or ability to abide with their legal
obligations.
Ordinance No. 314 -8-
4. The applicant will not have filed materially misleading information in its
application or intentionally withheld information that the applicant lawfully is
required to provide.
5. An applicant that otherwise would not be qualified to hold a solid waste
franchise under this Chapter may include additional information
demonstrating to the city that the particular circumstances surrounding its act
or omission; the steps taken by the applicant to cure all harms flowing
therefrom and prevent their recurrence; the lack of involvement of the
applicant's principals; and/or the remoteness of the matter from providing
solid waste collection services would make it inappropriate for the City to
deny it a solid waste franchise.
8.08.050 Franchise terms.
Any franchise awarded pursuant to this Chapter shall be for an initial term of not
more than ten years, with the possibility of renewal for additional terms of not more than
five years each, at the option of the City.
8.08.060 Transfer of franchise.
A franchise issued under this Chapter shall not be transferred, sold, relinquished,
delegated or assigned to another person without the approval of the City Council. This
restriction includes the transfer of ownership of the franchise or the conveyance of the
franchisee's stock to a new controlling interest. City Council approval of transfer shall
not be unreasonably withheld. Effectuating a franchise transfer without City Council
approval shall constitute grounds for revocation pursuant to Section 8.08.110.
8.08.070 Franchise Fee.
A. The City may in its discretion and in connection with a franchise entered into
pursuant to this Chapter collect from a Collector a franchise fee in an amount equal to a
percentage of gross revenues as set forth in a solid waste franchise for the privilege of
operating a solid waste collection service within the City.
B. The franchise fee is not a payment in lieu of any tax, fee, or other assessment
of general applicability.
8.08.080 Interim suspension.
A. The 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. The interim suspension will go into effect immediately upon delivery of a notice to
a Collector as specified in this Section.
B. The Manager may enter into a temporary agreement for the collection of solid
waste with a different solid waste enterprise during any period of time that a franchise
has been suspended.
Ordinance No. 314
8.08.090 Appeals.
A. A Collector may appeal the interim suspension imposed by the Manager
issued pursuant to Section 8.08.080, provided a written appeal is submitted to Manager
within five calendar days after notice of suspension has been sent to the Collector.
Appeals to the City Council shall include a general statement specifying the basis for the
appeal and the specific aspect of the Manager's ruling being appealed.
B. The interim suspension shall remain in effect during the processing of the
appeal to the Council.
8.08.100 Council action.
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 may
initiate proceedings for revocation of the franchise. The Council shall base its action
upon the standards delineated in Section 8.08.080.
8.08.110 Revocation or modification of franchise.
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 on any franchise 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 of waste services provided in the City. It is unlawful
for any person or solid waste enterprise to operate under a franchise which has been
revoked.
8.08.120 Notice of hearing on franchise.
The City shall serve a notice of the City Council franchise revocation hearing on a
Collector not less than fifteen calendar days prior to such hearing.
8.08.130 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 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.
8.08.140 Cessation of operations.
A. 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 calendar days after notice of
revocation.
Ordinance No. 314 -10-
B. The Manager may enter into a temporary agreement for the collection of solid
waste with a different solid waste enterprise until such time as a new franchise with a
different solid waste enterprise can be negotiated and approved by the City Council.
III
General Requirements
8.08.150 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 franchisee's activities. The insurance shall be in an amount set forth in the
Franchise Agreement. Such insurance shall be procured from an insurer authorized to do
business in the State of California, shall name the City of Rolling Hills and its officers,
employees and agents as additional insureds and shall not be canceled or modified
without first giving to City thirty calendar days' prior written notice. 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, must be filed with the City
Manager before a solid waste franchise becomes effective.
B. In the event of suspension, cancellation, or termination of the insurance by the
provider without obtaining substitute insurance meeting the requirements in subsection A
above, the franchise shall be immediately suspended 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.
8.08.160 Worker's compensation insurance.
A Collector shall at all times provide, at its own expense, workers' compensation
insurance coverage for all of its employees and shall file and maintain a certificate with
the Manager showing said insurance to be in full force and effect.
8.08.170 Indemnification.
A Collector shall indemnify, defend and hold harmless the City of Rolling Hills
and its officers, employees and agents against, in respect of any and all claims, demands,
losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies,
including interest, penalties and reasonable attorneys fees, that the City shall incur or
suffer, which arise, result from or relate to the collection, transportation, or disposal of
solid waste or recyclables within the City of Rolling Hills by said Collector. The
indemnification shall be included in the franchise agreement and include protections from
liability under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C.
Sections 6901, et seq., the Comprehensive Environmental Response, Compensation and
Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et seq., the Carpenter -Presley -
Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health and
Safety Code Sections 25300 et seq.; and all future amendments to any of them.
Ordinance No. 314 -11-
8.08.180 Bonds.
A. The franchise agreement may require a Collector to file a surety bond prior to
the effective date of the franchise in an amount determined by the Manager and in a form
acceptable to the City Attorney, to guarantee the faithful compliance with this Chapter
and the franchise agreement. The bond shall remain in force during the life of the
franchise agreement and all renewals thereof.
B. In the event of suspension, cancellation, or termination of the bond by the
issuer, the franchise shall be immediately suspended until a new bond 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.
8.08.190 Responsibility for Damages.
Any person providing solid waste collection services or conducting a solid waste
enterprise in the City shall be responsible for damages caused as a result of the person's
acts or omissions including, without limitation, injuries or death or any person or damage
to public or private property.
The Collector shall be responsible, at the Collector's sole expense, for any
physical damage caused by the negligent or willful acts or omissions of employees,
grantees or subgrantees of the Collector to private or public property.
8.08.200 Office for inquiries and complaints.
A Collector shall maintain an office at some fixed location and shall maintain a
telephone at the office, listed in the current telephone directory and/or online at the
Collector's website, in the firm name by which it conducts business in the City, and shall
at all times during the hours between eight a.m. and five p.m. of each weekday and
between eight a.m. and one p.m. on Saturday, have an employee or agent at said office to
answer inquiries and receive complaints. The telephone number shall be a toll -free
number from all portions of the City. Collector shall submit a quarterly report of all
complaints received to City Manager, in a form set forth in the Franchise Agreement.
8.08.210 Permits and licenses.
A Collector shall obtain all applicable permits and licenses required by any
Federal, State or local agency.
8.08.220 Fees and 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., the City may levy fees
upon Collectors and customers for planning and program development and administration
regarding solid and household hazardous waste, recyclable solid wastes 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
Ordinance No. 314 -12-
solid wastes which have the characteristics of Hazardous Wastes. Such fees may include
charges for the use of 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.
8.08.230 Collection Rates.
A. Maximum rates to be charged by a Collector for the collection of solid waste
and recyclable materials shall be established or increased by resolution of the City
Council only after the Manager has mailed the property owners notice of the proposed
rate at least forty-five calendar days before a public hearing on the matter and the City
Council has held a public hearing for the purpose of receiving and considering all
objections, written and oral, to the proposed rate or rate increase. The Council may
continue the hearing from time to time without further written notice. Any property
owner may file with the Manager, at any time before the end of the public hearing, a
written protest against the proposed rate. The Council shall not approve the new or
increased rate if a majority protest exists. A majority protest exists if, at the end of the
public hearing, there are valid written protests submitted by owners of a majority of the
properties subject to the proposed fee increase. No more than one written protest per
parcel shall be counted.
B. A rate or rate increase may include an annual Consumer Price Index, or other
generally accepted form of consolidated index, increase to be implemented without a new
public hearing provided that the maximum percentage of index increase is set forth in the
notice sent to the property owners and any increase does not exceed that percentage
specified therein.
C. Every residential owner shall pay the rates for collection services rendered
pursuant to this Chapter in the manner set forth in Section 8.08.240
8.08.240 Collection of charges.
The City may in its discretion and in connection with a franchise entered into
pursuant to this Chapter, collect fees for solid waste/recycling collection services by
causing fees to be placed on the Los Angeles County Tax rolls through procedures
established by the Los Angeles County Tax Collector. In such event, no charge shall be
made directly to a customer by a franchised Collector unless expressly authorized by the
City Council or in this Code. Charges for manure collection service provided by the
Collector shall be billed directly to a customer by the franchised Collector.
8.08.250 Required monthly reports.
A. A Collector shall provide the City separate monthly and annual tonnage and
information reports in a form and at dates set forth in the franchise agreement.
8.08.260 City Inspection Authority.
Ordinance No. 314
Any Collector providing collection services or conducting a solid waste enterprise
in the City shall keep and maintain books of account, income statements, tonnage reports,
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 for a period of three years after said
service was provided or any longer period required by law. Any Collector shall make
these records and documents available to the City upon request by the City Manager upon
five business days advance notice. Such records shall be made available to the City at the
Collector's regular place of business, within the Los Angeles County Limits.
IV
VEHICLES
8.08.270 Vehicle identification.
No solid waste enterprise may operate any vehicle for the collection of solid
waste or recyclables in the City unless the owner of the vehicle is a Collector or a
construction/demolition hauler, as those terms are defined in Section 8.08.020.
8.08.280 Amount and type of equipment.
No person shall be awarded a franchise for the collection, and for transportation
of solid waste or recyclables, or a permit for construction/demolition waste, unless the
solid waste 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 given pursuant to this Chapter. A Collector shall utilize mini -trucks,
three -wheel scooters or other appropriate small collection vehicles to make collections
and so as to operate efficiently on narrow roads and driveways.
8.08.290 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 which results in undue
interference with normal traffic flows or violation of any traffic laws. The small
collection vehicles, whether loaded or unloaded, shall not be parked, or left unattended on
any street in the City. Large collection vehicles shall not be parked in an unobtrusive
manner and be maintained in a clean, sanitary condition.
8.08.300 • Compliance with vehicle standards.
Any vehicle used in the collection or transportation 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 state law. The use of a vehicle
which fails to comply with each of the standards is prohibited. A Collector shall
immediately remove any vehicle from collection service which 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 Manager give
notification at any time to a Collector that any of its vehicles are not in compliance with
Ordinance No. 314
the standards of this Chapter or the Franchise 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.
V
COLLECTION/MANDATORY SERVICE
8.08.310 Mandatory service.
A. Except as otherwise provided in this Chapter, all solid waste and recyclables
collected 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 or solid waste enterprise, other than those referenced in subsection
A of this section, shall negotiate or contract for, undertake to receive, collect or transport
solid waste from within the City for a fee, service charge or other consideration, except as
specifically provided herein.
C. Except as otherwise provided in this Chapter, each residential property owner
and occupier in the City shall, at all times utilize the services of a Collector and pay the
rates approved by the City Council for the collection of solid waste and/or recyclables
from such premises as shall be owned by said owner and shall, at all times comply with
City policies and programs with regard to solid waste recovery, reduction of solid waste
and recycling of solid waste.
8.08.320 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 twice during each calendar
week, or less if provided for in an approved Franchise Agreement. Not more than four
days shall elapse between one collection and the next unless the regular day of collection
falls on a holiday. 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. When the collection day falls on a holiday, a Collector shall choose one of the
following options:
1. Collect on the holiday;
2. Collect one day prior to or one day after the holiday, providing regular
collection can be maintained on the regularly scheduled days the remainder of the week.
C. Not later than November 30th of each year, a Collector shall submit to City its
proposed collection schedule for the ensuing calendar year. 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
take place twice each week. The schedule shall also indicate the dates that brush
clearance required to be removed pursuant to Section 15.20.040 of this Code shall be
collected. Upon approval by the Manager, Collector shall cause to be mailed a written
Ordinance No. 314 -15- EP
notice to all customers of such schedule not later than December 31st 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.
8.08.330 Hours of collection.
A. No collection, or delivery or removal of containers, shall be made between the
hours of six p.m. and seven a.m. Monday through Saturday or at any time on Sunday.
B. The Manager may waive the requirements of this Section when necessitated
by conditions beyond the control of the Collector.
8.08.340 Litter.
If a Collector releases, or permits or causes the release of any solid waste on
public or private property in the City at any time, it shall promptly clean up, contain,
collect and remove same to the satisfaction of the Manager.
8.08.350 Employees of collector.
All field employees of a Collector shall wear name tags and/or uniforms to enable
identification while providing service to the public.
8.08.360 Trespass.
No person authorized to collect or transport solid waste or recyclables shall enter
on private property beyond the extent necessary to collect the solid waste or recyclables,
properly placed for collection.
8.08.370 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 City.
8.08.380 Ownership.
At such time as the solid waste or recyclables are placed for collection at the usual
place of collection, the solid waste or recyclables are the property of a Collector.
8.08.390 Disposal.
A. It is unlawful at any time for any person, including a Collector, to burn any
solid waste or recyclables within the City.
B. It is unlawful at any time for any person, including a Collector, to bury or
dump any solid waste or recyclables within the City.
8.08.400 Resource recovery.
A Collector shall, at all times, comply with City policies and programs regarding
solid waste recovery, reduction of solid waste and recycling of solid waste, 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.
Ordinance No. 314 -16-
8.08.410 Collection of recyclable materials.
A. A Collector shall offer recyclable materials collection services as follows:
1. A service yard collection program.
2. Operation of a drop-off center at City Hall where residents may drop
off recyclable items, such as newspaper, telephone books, glass and aluminum. No
hazardous wastes shall be accepted. Operation of the center shall be in a manner
consistent with all applicable laws. Signs indicating acceptable and unacceptable
recyclables shall be prominently posted. Bins or containers shall be conspicuously
labeled. A Collector will provide regular maintenance and collection of reusable
materials from the center, as directed by the Manager.
3. A Collector shall develop and implement a public information and
education program for the recyclable materials collection services described in this
Chapter, approved by the City Manager.
4. A Collector shall establish and maintain a system for establishing
diversion credits for the City of Rolling Hills in a manner consistent with the Act.
5. From the time of placement of recyclable materials for collection, such
recyclable materials shall be and become the property of a Collector. It shall be a
violation of this Chapter for any person unauthorized by the City or the customer to
collect or pick up or cause to be collected or picked up any such items. Any and each
such collection in violation hereof from one or more locations shall constitute a separate
and distinct offense punishable in accordance with Chapter 1.08 of this Code.
B. Nothing in this Chapter shall limit the right of any person to donate, sell or
otherwise dispose of his or her recyclable materials.
8.08.420 Collection of green waste.
A. A Collector shall offer green waste services to its customers as follows:
1. Green waste shall be placed for collection in the manner set forth in
this Chapter and in the Agreement. All green waste shall be delivered to a legitimate
composting or alternative fuel facility or used as cover material at a landfill, so that City
receives credit for diverting the green waste from disposal at a landfill.
2. On a periodic basis, if a resident has additional green waste in excess of
what can be placed in the green waste containers set out for collection, residents may
place green waste materials in bags or bundles, or in a plastic or metal container with a
lid for collection by a Collector.
3. A Collector shall provide to all customers who request one, at the cost
paid by the customer, a composting bin of a type approved by the City Manager. Each
composting bin so provided shall include full instructions. A Collector shall provide
training, twice per year, on backyard composting, open to all residents of the City.
Composting shall be conducted pursuant to Section 8.08.430.
4. A Collector shall develop and implement a public information and
education program for the green waste services described in this section, approved by the
City Manager.
5. Collector shall collect an unlimited amount of brush clearance required
to be removed by Section 15.20.040 of this Code and any additional green waste set out
Ordinance No. 314 -17-
at that time from every customer up to three times in the Spring and up to three times in
the Fall. The dates for such collections will be set forth in the collection schedule mailed
out to all customers pursuant to Section 8.08.320.C. and the placement and bundling
specifications shall be set forth in the Agreement.
8.08.430 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 householdgarbage 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.
8.08.440 Prohibited waste.
A. Electronic waste, electronic hazardous waste, and any other form of waste that
does not meet the definition of solid waste or recyclable materials shall not be disposed
of with solid waste or recyclables for regular solid waste collection by a Collector.
B. A Collector shall develop and implement a public information and education
program for electronic waste, electronic hazardous waste disposal and recycling,
hazardous waste and any other prohibited waste, approved by the City Manager.
C. Customers shall dispose of electronic waste, electronic hazardous waste,
hazardous waste and any other form of prohibited waste at special collection centers
operating throughout the region. A list of such collections centers is available at City
Hall.
VI
CONTAINERS
8.08.450 Care of containers.
Collector's agents and employees shall handle all containers with care.
Ordinance No. 314 -18-
8.08.460 Unauthorized Removal from containers.
No person other than a Collector who provides collection services at the premises,
or the owner or employee of the owner of the container, or the person upon whose
premises such container is located, or a City employee, shall remove any material from a
solid waste or recyclable container.
8.08.470 Tampering with containers.
No person other than the owner or occupant of the premises where a container is
located, or a Collector who provides collection services at the premises where the
container is located, or a City employee shall tamper with, or remove any container or
other equipment used for the storage of solid waste or recyclables.
8.08.480 Covering containers for solid waste.
Any container to be placed for collection containing solid waste shall have a
tightly fitting cover. Said cover shall be used at all times.
8.08.490 Unauthorized setting out of containers.
No person occupying, using or in charge of any premises shall set out or cause to
be set out for collection any solid waste or recyclables not generated on the premises.
8.08.500 Containers at residential premises.
A. Unless containers are to be provided by a Collector pursuant to the Franchise
Agreement, every customer in the City shall provide sufficient containers as to
accommodate the amount of solid waste generated by the premises. All containers shall
be constructed of metal, hard rubber or plastic, shall be constructed so as not to permit the
contents thereof to sift or pass through any opening therein other than the top, shall be
maintained in a clean and sanitary condition by the customer and shall not contain any
rough or jagged surfaces. Heavy-duty plastic bags especially manufactured for solid
waste collection and trash compactor sacks may also be used provided they are securely
tied, not perforated or split.
B. Any solid waste not susceptible to placement in a container may be placed for
collection at the same place and time as the container if it is securely tied in bundles not
heavier than sixty pounds, not more than four feet in length, nor more than eighteen
inches in diameter. Wooden boxes, crates, pallets, or cardboard boxes are to be broken
down and stacked neatly at the depositor's refuse collection point.
C. No cardboard box, paper bag or oil drum may be used as a container for solid
waste.
D. A Collector shall schedule to collect bulky items from customers at least three
times during each calendar year. The dates for such collections will be set forth in the
collection schedule mailed out to all customers pursuant to Section 8.08.320.C. and the
timing, item placement and other specifications for the collection shall be set forth in the
Agreement.
Ordinance No. 314 -19-
8.08.510 Accumulation of solid waste prohibited.
It is unlawful 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
and/or recyclables to become or remain offensive, unsightly or unsafe to the public health
or safety or hazardous from fire. It is unlawful to deposit, keep or accumulate, or permit
or cause any solid waste and/or recyclables 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. No customer or person occupying, owning or in control of any
premises shall permit solid waste and/or recyclables to accumulate, or to blow about in a
manner which creates an unsightly appearance, or a health hazard. It is unlawful for any
person to dispose of their solid waste into containers at locations other than those that
may be located upon property which they own or occupy or where they work. It is
unlawful for any person to place bulky items on the street except that bulky items may be
placed on the street within the two days prior to a bulky item collection scheduled •
pursuant to Section 8.08.500.D, or within the two days prior to otherwise scheduled
collection or removal of the item.
8.08.520 Placement of containers at residential premises.
A. In the case of residential premises, each container or bundle shall be kept in
the service yard of the premises reasonably concealed from view by neighbors. Such
areas shall be readily accessible to a Collector by a pathway. Access to the containers
shall not be impaired by the presence of any vehicles or other obstructions.
B. A Collector shall collect containers from the service yard and shall return all
containers in an upright position to the same approximate location where found by a
Collector and without any unnecessary noise or wear and tear or damage to said
receptacles. A Collector shall replace a container or reimburse the customer for any
damage caused to receptacles by the unnecessary wear and tear of a Collector.
C. .In the event a Collector declines to collect any solid waste on a required
collection day, the Collector shall leave a tag on the container indicating the reason for
refusal to collect and the Collector's name and telephone number. A record shall be kept
by the Collector of all locations where such tags have been left, with the reasons noted.
Such record shall be made available for inspection by City upon reasonable notice.
8.08.530 Container storage areas.
The owner or occupant of residential premises where a container is placed shall
provide a clean, safe and sanitary place for its storage.
VII
EXCLUSIONS
8.08.540 Residential waste and recyclable exclusion.
No provision of this Chapter shall prevent customers from collecting and
disposing of occasional loads of solid waste generated in or on their residential premises,
or from composting green waste, or from selling or disposing of recyclables generated in
or on their residential premises; provided, however, that no customer shall employ or
Ordinance No. 314 -20-
9-1
engage any solid waste enterprise, other than a Collector franchised in the City of Rolling
Hills, to haul or transport such materials to a transfer station or landfill.
8.08.550 Dwellings under construction.
When solid waste is not being generated on a property due to construction at a
temporarily vacant residential dwelling or at a newly constructed residential dwelling that
has not yet been occupied, the property owner may suspend mandatory collection service
for the time that the dwelling is not being occupied and may not be liable for collection
charges for such period of time as follows:
A. Residential dwellings undergoing alterations or repairs, but occupied or vacant
for less than four full weeks, shall receive regular service for collectible solid waste
during the construction period.
B. Residential dwellings which remain unoccupied for four full weeks or longer,
may suspend mandatory collection service and may not be liable for collection fees
during period or be eligible for a refund of the collection fees for such periods.
C. The property owner shall notify the City Manager and all Collectors
responsible for collection at that dwelling, at their respective offices, of the temporary
suspension of mandatory service. The notice shall be in writing and the effective date
shall be one week after the date of the notification. Receipt of the notice shall be
acknowledged by mail, fax or email communication and a reference number assigned to
avoid misunderstanding;
D. The property owner shall notify the City Manager and the Collectors
responsible for collection at that dwelling of the duration of the vacancy, if known, at the
time of the suspension of the collection service; otherwise owner shall notify by mail,
fax, email or phone within three calendar days of occupancy or resumption of occupancy
and service shall be resumed immediately thereafter; and
E. The premises described in the notice shall not be occupied during the period of
the vacancy, and no solid waste of any type, other than construction/demolition waste
that is removed pursuant to Section 8.08.580, shall be produced during the period or
collected from the dwelling.
F. When collection fees have been prepaid on the property tax bill, a property
owner may request a refund of solid waste collection fees for the period that the property
was vacant and the service was suspended by filing a refund form with the City Manager
within sixty calendar days of occupying or reoccupying the premises. The City Manager
shall process the request within sixty days from receipt of the request and may grant a
refund for the proportionate amount of fees for the time the property was vacant and
service was suspended.
Ordinance No. 314 -21-
8.08.560 Gardener's exclusion.
A franchise shall not be required for the occasional removal of green waste as a
result of routine and regular tree trimming, gardening or landscaping activities. In order
to help the City meet its diversion requirements, gardeners, tree trimmers and landscapers
are encouraged to divert the occasional loads of green waste from the landfill to a
legitimate composting or alternative fuel facility or to use the waste as cover material at a
landfill, so that City can receive credit for diverting the green waste. Gardeners, tree
trimmers and landscapers are encouraged to collect a tonnage form or tonnage report for
all green waste diverted from the landfill and residents are encouraged to submit such
tonnage forms or tonnage reports to the City Manager evidencing the amount of diverted
green waste.
8.08.570 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 which have been separated from solid waste for the purpose of sale or
donation, which have not been mixed with or contain more than incidental or minimal
solid waste, and which 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.
8.08.580: Construction or demolition waste.
A. Minimum construction or demolition waste diversion requirements
Every covered project shall divert at least fifty percent (50%), measured by
weight, of all construction or demolition waste generated by the covered project.
B. Exempt projects.
The diversion and reporting requirements of this Section shall not apply to the following
projects:
1. Any construction, remodeling or demolition project that does not
require a building permit and does not generate recyclable materials and construction and
demolition waste.
2. 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.
Notwithstanding the exemptions set forth in this paragraph, permitees working on
exempt projects are encouraged to divert as much construction or demolition waste as
practicable and encouraged to use permitted haulers for removal of waste from the
project.
C. Construction/demolition hauling permit.
Ordinance No. 314 -22-
1. Permit required. No person or solid waste enterprise shall remove
construction and demolition waste from a covered project within the City without first
obtaining a construction/demolition hauling permit. The City Manager shall maintain a
list of all permitted construction/demolition haulers and residents shall only use a
permitted construction/demolition hauler for removal of construction/demolition waste
from any covered project within the City.
2. Application for construction/demolition hauling permit. An application
for a permit shall be filed with the City Manager and be accompanied by an application
fee in an amount set by City Council resolution to reimburse the City for all expenses
incurred by it in connection with granting the permit. The application shall include, at a
minimum, the following information:
(a) Name, address, telephone number of the applicant and any other
principals in the hauler's business.
(b) The type and amount of materials and waste material that the hauler is
capable of transporting.
(c) The number of vehicles that the enterprise utilizes.
(d) 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.
(e) Such other pertinent facts or information'as the City Manager may
require including but not limited to evidence of state certification, evidence of previous
experience, and demonstration of reliable and safe equipment:,
3. In order to be legally qualified to obtain a construction/demolition
hauler permit:
A. The applicant shall be willing and able to comply with the provisions
of this Code, applicable law, and all requirements of the permit.
B. The applicant shall have demonstrated ability to remove and transport
the required construction/demolition waste to the appropriate waste
disposal facilities
C. The applicant shall not have filed materially misleading information in
its application or intentionally withheld information that the applicant
lawfully is required to provide.
4. Issuance of permits. The City Manager may issue a non-exclusive
construction/demolition hauler permit subject to such conditions as are necessary to
protect the public health, safety and welfare and to assure that the permit is exercised for
Ordinance No. 314 -23-
its circumscribed purposes. A permit shall not be transferred to another person or solid
waste enterprise. Permits shall remain in effect for one year and must be renewed
annually.
5. A permitted construction/demolition hauler shall be subject to the
following provisions of Chapter 8.08: Sections 8.08.150 Collector's liability insurance,
8.08.160 Worker's compensation insurance, 8.08.170 Indemnification, 8.08.190 Office
for inquiries and complaints, 8.08.200 Permits and licenses, 8.08.250 Vehicle
identification, 8.08.260, City Inspection Authority, 8.08.270 Operation of equipment,
8.08.310 Hours of collection, 8.08.320 Litter, 8.08.340 Trespass, 8.08.350 Noise,
8.08.360 Ownership, 8.08.370 Disposal, 8.08.380 Resource recovery, and all other
applicable provisions of the Municipal Code.
6. Failure by a permitted hauler to comply with the diversion and/or
reporting requirements of this Section will result in automatic revocation of the
construction/demolition hauler permit. A hauler whose permit has been revoked shall not
be eligible to reapply for a new permit for a period of three -years from the date of
revocation.
D. Condition precedent to issuance of building or demolition permit.
As a part of any application for, and prior to the issuance of, any building or demolition
permit for a covered project, every permittee shall identify the permitted hauler that has
been designated to remove all construction/demolition waste associated with the project.
The application shall also be accompanied by a construction/demolition waste fee, set by
resolution of the City Council to reimburse the City for all expenses incurred by it in
connection with monitoring compliance with this Section.
E. Records.
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 City Manager that can be converted to tonnage.
F. Reporting.
Within thirty (30) calendar days following the completion of any covered project,
the hauler 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 Manager establishing compliance with the requirements of this Section. 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 Manager, 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
Ordinance No. 314 -24-
required by the Manager to verify the amount of construction or demolition waste
generated from the site that has been diverted.
If a project involves issuance of both a demolition and building permit, the report
and documentation for the demolition permit shall be submitted to and approved by the
Manager before issuance of a building permit.
G. Monitoring responsibility of Manager.
The City Manager shall monitor each covered project for compliance with this
Section.
H. Implementing Regulations
The Manager 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.
Section 2. This ordinance shall apply to all franchise agreements amended,
extended or executed after the effective date of this ordinance.
Section 3. The City Clerk shall certify to the adoption of this ordinance and shall
cause the same to be published as required by law.
PASSED, APPROVED and ADOPTED this 23rd day of February, 2009.
FRANK HILL, MAYOR
ATTEST:
Heidi Luce, Deputy City Clerk
Ordinance .No. 314 -25-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Ordinance No. 314 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING
HILLS MUNICIPAL CODE RELATING TO THE COLLECTION
OF SOLID WASTE AND RECYCLABLES
was approved and adopted at a regular meeting of the City Council on February 23, 2009
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices
Heidi Luce, Deputy City Clerk
Ordinance No. 314 . -26-
TO:
FROM:
SUBJECT:
City o/,errnp Jh/h
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
Agenda Item No.: 6-A
Mtg. Date: 02-09-09
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ANTON DAHLERBRUCH, CITY MANAGER
CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY
CHAPTER 8.08 THE ROLLING HILLS MUNICIPAL CODE RELATING
TO THE COLLECTION OF SOLID WASTE AND RECYCLABLES.
DATE: FEBRUARY 9, 2009
ATTACHMENTS:
Proposed Solid Waste Ordinance 314
Current Chapter 8.08 of the Municipal Code
RECOMMENDATION
It is recommended that the City Council introduce and conduct its first reading of an
ordinance that replaces, in its entirety, Chapter 8.08 of the Rolling Hills Municipal Code
relating to the collection of solid waste and recyclables.
BACKGROUND
In June 2010, the City's franchise agreement with Allied Waste will expire. In
anticipation of this, City staff in collaboration with the City Attorney's office reviewed
the existing solid waste•and recyclables ordinance and determined that many sections
were outdated and could be revised to better address the unique solid waste needs in
Rolling Hills. Based on that review and the necessity to account for the collection of
construction and demolition (C&D) waste in the City's diversion requirements, the
entire Chapter has been re -written to address all of these concerns. The updated
ordinance will serve as the foundation for re -negotiating or bidding a new franchise.
The existing provisions in the Municipal Code date back to 1994. The new ordinance is
more current, reflecting service levels, operations and matters.
Page 1 of 3 C)
,.
Printed on Recycled Paper
DISCUSSION
The proposed ordinance accomplishes two objectives. First, it "cleans -up" elements of
the current solid waste ordinance that are dated, not reflective of current operations and
service levels, and not appropriate for inclusion in an ordinance (i.e. are more
appropriately addressed in the franchise agreement between the solid waste hauler and
the City). The ordinance remains in the same format as the original Chapter 8.08, first
setting out the applicable definitions, and then more clearly describing the franchise
process. The ordinance goes on to describe the regulations that the franchised hauler is
subject to, such as how the fees will be collected, the standards for collection vehicles
used within the City and how the backyard collection services should be conducted.
The ordinance also addresses some topics that were not adequately covered in the old
ordinance, such as collection of green waste, regulating residential composting and
prohibiting electronic waste from being disposed of with the regular trash service.
Next, the ordinance addresses the quality and cleanliness of the containers used for
solid waste collection section and lastly, it 'addresses some of the exclusions to the
ordinance (some of which are required under state law) and were generally addressed
in the old ordinance. For example, a resident wishing to occasionally haul a load of
trash away from his or her property is permitted to do so without utilizing the services
of the franchised hauler. Additionally, regular trash collection service may be
suspended while a home is vacant during remodeling if the household is not generating
regular solid waste during that period. The collection of the construction waste,
however, is addressed below.
Second, the ordinance establishes requirements for haulers of construction and
demolition (C&D) waste to now obtain permits from the city in order to have the
privilege of collecting construction waste. Once permitted, the haulers will be required
to report back to the City the amount of construction waste that was deposited in the
landfill and the amount that was diverted away from the landfills. By requiring the
haulers to divert the waste away from the landfill, the City will be able to more
accurately measure the amount of waste diverted citywide and will be better equipped
to meet the state -mandated 50% diversion rate.
There will be no limit to the number of haulers that may obtain a permit but a failure to
meet the conditions of the permit will result in its revocation and the inability to
conduct business in the City. The City will maintain a list of all permitted haulers to
provide residents upon request. In conversation with the Rolling Hills Community
Association Manager, the Association is agreeable to withhold access into the
community from haulers without a permit.
This new ordinance, and the C&D provisions in particular, will also be responsive to
direction from the California Integrated Waste Management Board (Board). In 2005 and
2006, the last two years for which annual reports have been submitted to the Board, the
City failed to meet its recycling requirements. As such, in December 2008, the City was
Page 2 of 3
required to appear before the Board to explain its situation, commit to recycling goals
and establishing C&D debris regulations and request approval of its annual report. In
response, the Board acknowledged the City's efforts and accepted its annual report with
a "good faith effort".
The City Council Solid Waste/Recycling Subcommittee and Allied Waste have
reviewed the proposed ordinance and their recommendations have been included.
Upon the City's retention of a Solid Waste consultant to assist the City in refranchising
its solid waste collection agreement, additional modifications can be made to the
proposed ordinance if necessary.
NOTICE
Notice of this ordinance being considered by the City Council has been provided to the
Rolling Hills Community Association, Allied Waste and construction and demolition
haulers known to be conducting business in Rolling Hills.
CONCLUSION
The proposed ordinance lays a clearer, more updated foundation upon which to re-
negotiate or bid the City's solid waste franchise and with its construction and
demolition provisions, it is responsive to the California Integrated Waste Management
Board, contributes to achieving State diversion requirements and results in providing
the documentation to demonstrate the City's recycling efforts.
Ab/
Solid Waste Ordinance Staff Report.doc
Page 3 of 3
ORDINANCE NO. 314
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING
HILLS MUNICIPAL CODE RELATING TO THE COLLECTION
OF SOLID WASTE AND RECYCLABLES
The City Council of the City of Rolling Hills does ordain as follows:
Section 1. Title 8, Chapter 8.08 of the Rolling Hills Municipal Code is amended in its
entirety to read as follows:
Chapter 8.08
SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION*
Sections:
8.08.010 Purpose.
I
DEFINITIONS
Sections:
8.08.020 Definitions.
II
FRANCHISES
Sections:
8.08.030 Franchise requirement.
8.08.040 Franchise.
8.08.050 Franchise terms.
8.08.060 Transfer of franchise.
8.08.070 Franchise fee.
8.08.080 Interim suspension.
8.08.090 Appeals.
8.08.100 Council action.
8.08.110 Revocation or modification of franchise..
8.08.120 Notice of hearing on Franchise.
8.08.130 City council decision.
8.08.140 Cessation of operations.
Ordinance No. 314 -1-
III
GENERAL REQUIREMENTS
Sections:
8.08.150 Collector's liability insurance.
8.08.160 Worker's compensation insurance.
8.08.170 Indemnification.
8.08.180 Bonds.
8.08.190 Responsibility for damages.
8.08.200 Office for inquiries and complaints.
8.08.210 Permits and licenses.
8.08.220 Fees and charges.
8.08.230 Collection rates.
8.08.240 Collection of charges.
8.08.250 Required monthly reports.
8.08.260 City inspection authority.
IV
VEHICLES
Sections:
8.08.270 Vehicle identification.
8.08.280 Amount and type of equipment.
8.08.290 Operation of equipment.
8.08.300 Compliance with vehicle standards.
V
COLLECTION/MANDATORY SERVICE
Sections:
8.08.310 Mandatory service.
8.08.320 Frequency of collection.
8.08.330 Hours of collection.
8.08.340 Litter.
8.08.350 Employees of collector.
8.08.360 Trespass.
8.08.370 Noise.
8.08.380 Ownership.
8.08.390 Disposal.
8.08.400 Resource recovery.
8.08.410 Collection of recyclable materials.
8.08.420 Collection of green waste.
8.08.430 Backyard residential compositing
8.08.440 Prohibited waste.
VI
CONTAINERS
Sections:
8.08.450 Care of containers.
8.08.460 Unauthorized removal from containers.
Ordinance No. 314 -2-
8.08.470 Tampering with containers.
8.08.480 Covering containers for solid waste.
8.08.490 Unauthorized setting out of containers.
8.08.500 Containers at residential premises.
8.08.510 Accumulation of solid waste prohibited.
8.08.520 Placement of containers at residential premises.
8.08.530 Container storage areas.
VII
EXCLUSIONS
Sections:
8.08.540 Residential waste and recyclable. exclusion.
8.08.550 Dwellings under construction.
8.08.560 Gardner's exclusion.
8.08.570 Commercial recycler exclusion for source -separated recyclables
8.08.580 Construction or demolition waste.
8.08.010 Purpose.
This Chapter is adopted in accordance with Article XI, §7 of the California Constitution
and Public Resources Code § 40059 et seq., in order to protect the public health, safety,
and well-being, control the spread of vectors, and to limit sources of air pollution, noise
and traffic from waste hauler vehicles within the City.
1
DEFINITIONS
8.08.020 Definitions.
The following words and phrases, for the purposes of this Chapter, are defined as
follows:
"AB 939" or "Act" means the California Integrated Waste Management Act of 1989,
Public Resources Code Sections 40000, et seq., as they now exist or may subsequently be
amended.
Building Official. "Building Official" has the same meaning as the word is used in
Section 15.04.040 of this Code.
"Bulky items" means and includes, without limitation, large and small household
appliances, furniture, carpets, mattresses, tires and oversized yard waste such as tree
trunks and large branches not larger than two feet (2') in diameter and four feet (4') in
length.
"City" means the City of Rolling Hills.
"Collection" means the operation of gathering together and/or transporting by means of a
motor vehicle any classification of solid waste or recyclables within the City.
Ordinance No. 314 -3-
"Collector" means any person who has been issued a franchise to provide solid waste
and/or recyclable materials collection services in the City.
"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 permit issued under Section 8.08.740.E.
"Construction/Demolition Waste" means any debris resulting from the construction,
modification or demolition of any structure, roadway or property, 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 project.
Construction, Remodeling or Demolition Project. "Construction, Remodeling or
Demolition Project" means any alteration to a building, structure or landscaping that
requires a building 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, collection and removal of solid waste, recyclables,
construction/demolition waste and green waste.
"Covered Project" means any construction, remodeling or demolition project that is not
exempt pursuant to Section 8.08.550.I.
"Customer" means persons, including both owners and occupiers of residential property
in the City who obtain collection services from a Collector pursuant to this Chapter.
"Designated collection location" means the place where the customer shall place, and
from where a Collector is to collect, solid waste and recyclables in containers designated
for that purpose.
"Disposal" means the complete operation of treating and/or disposing of solid waste after
the collection thereof.
"Divert, Diverted and Diversion" shall have the same meaning as the words are defined
in Public Resources Code § 40124, as amended.
"Electronic hazardous waste" means electronic products that contain hazardous
substances as identified by the California Department of Toxic Substances Control, such
as lead or mercury and include without limitation cathode ray tube (CRT) devices
(including televisions and computer monitors); LCD desktop monitors; laptop computers
with LCD displays; LCD televisions; plasma televisions, and portable DVD players with
LCD screens. Electronic hazardous waste shall not be considered solid waste for
purposes of this Chapter. Electronic waste means any electronic product with a circuit
Ordinance No. 314
board or battery, including without limitation personal computers, monitors, televisions,
keyboards, printers, telephones (including cell phones), fax machines, calculators,
copiers, video game systems and audio equipment. Electronic waste shall not be
considered solid waste for purposes of this Chapter.
"Franchise agreement" or "Agreement" means the Solid Waste Collection Agreement
entered into between a solid waste enterprise and the City, approved by the City Council
that sets forth all of the rights and obligations of the franchise, consistent with this
Chapter and state law.
"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, the Resource Conservation and Recovery Act
("RCRA"), 42 U.S.C. Sections 6901, et seq., the Comprehensive Environmental
Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et
seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act ("HSAA"),
codified at California Health and Safety Code Sections 25300 et seq.; and all future
amendments to any of them, or as defined by the. Environmental Protection Agency, the
California legislature, the California Integrated Waste Management Board, 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.
"Holiday" means:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
"Holiday" also means any other day designated as such in a contract between a Collector
and the labor union serving as the exclusive representative of that Collector's employees,
provided the holiday is established or recognized by resolution of the City Council or in a
franchise agreement between the City and a Collector.
"Manager" or "City Manager" means the City Manager or his/her designee of the City.
"Manure" means the waste droppings or matter from any animal normally accumulated
and associated with stables or livestock and not disposed of through sewers or on -site
'wastewater systems.
Ordinance No. 314
-5-
"Notice" means notice sent by first-class certified mail, or facsimile or email delivery if
agreed to by the parties under the franchise agreement.
"Officer" means the president, vice-president, treasurer or other duly designated
representative of a Collector.
"Parcel of real property" means a parcel of real property as shown on the local secured
tax rolls of the County of Los Angeles.
"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.
"Permittee" means any person that had applied for and received a building or demolition
permit to undertake a construction, remodeling or demolition project covered by this
ordinance within the City.
"Public agency" means any governmental agency or department thereof, whether federal,
state, or local.
"Recyclable materials" means reusable waste materials, including but not limited to
metal, glass, plastic and paper, cardboard, and green waste, that are to be collected,
separated or processed and used as raw materials.
"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 material 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 in Public Resources Code Section
40201.
"Residential premises" means any residential property in the City.
"Service yard" means a yard surrounding portion of a residential dwelling required under
the Rolling Hills Zoning Ordinance and/or the Rolling Hills Community Association
Rules, and enclosed by a fence or wall.
"Solid waste" means garbage, green waste, manure, vegetable or animal solid or
semisolid wastes, recyclables, or rubbish of every kind and character, that is generated or
accumulates in residential and public facilities. Solid waste must be generated by and at
the physical location wherein the solid waste is collected and does not include electronic
waste, electronic hazardous waste or hazardous waste. Solid waste includes:
A. Garbage. All putrescible waste which generally includes but is not limited to
kitchen and table food waste, animal, vegetative, food or any organic waste that is
Ordinance No. 314 -6-
attendant with, or results from the storage, preparation, cooking or handling of food
materials.
B. Green Waste. Any vegetative matter resulting from regular and routine yard
and landscaping maintenance or seasonal variations. Green waste includes plant debris,
such as grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps,
flowers, plant stalks, wood and other forms of organic waste not more than five feet in its
longest dimension or with a diameter not more than six inches or weights not more than
fifty pounds.
C. Rubbish means without limitation, accumulation of unwanted material to be
disposed of such as paper, polystyrene, excelsior, pottery, rags, cloth, boxes and
containers, sweep -ups and all other accumulations of a nature other than garbage, green
waste or recyclable materials.
"Solid waste enterprise" means any person, partnership, joint venture, unincorporated
private organization or private corporation regularly engaged in the business of providing
solid waste handling services. This definition does not include persons providing tree
trimming or brush clearance services.
"Tonnage form" means the document adopted by the City Council which is used to
determine the net amount of solid waste and/or recyclables disposed of in a permitted or
certified facility.
"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" means the process of moving solid waste through the City.
"Waste disposal facility" or "facility" means any landfill, transfer station, incinerator,
land reclamation project, recycling facility or other similar site or facility which is used
or intended to be used for the transfer, consolidation, processing or disposal of solid
waste or recyclables.
"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.
II
FRANCHISES
8.08.030 Franchise requirement.
The City Council may authorize, by franchise, a solid waste enterprise to provide
solid waste collection and recycling services for residential users or customers in the
City. In the sole discretion of the City Council, the solid waste handling services may be
Ordinance No. 314 -7-
authorized on an exclusive or nonexclusive basis, and 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. Except as otherwise provided for in this Chapter, no person shall
collect and/or dispose of solid waste or recyclables in the City without having first been
awarded a solid waste collector franchise and entered into a franchise agreement with the
City or after having received a limited permit for collection of construction and
demolition waste pursuant to Section 8.08.580. A franchise shall be in addition to any
business license or permit otherwise required by the City. All such franchisees shall
comply with all of the requirements of this Chapter. Except as specified in the Franchise
Agreement, the City retains the rights and power that it has under applicable laws and
nothing in the Franchise Agreement may be construed to waive any of the City's
governmental rights or police powers.
8.08.040 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. Upon solicitation by the City, persons seeking to obtain an initial, renewal or
transferred solid waste collection franchise shall file an application, accompanied by an
application fee set by resolution of the City Council, with the City Manager.
Applications shall be in a form prescribed by the City Manager and applicable law. All
applications accepted for filing are available for public inspection unless otherwise
provided by applicable law.
C. In order to be legally qualified for an initial or renewal solid waste franchise
or a approval of a transfer of a solid waste franchise:
1. The applicant shall be willing and able to comply with the provisions of this
Code, applicable law, and all requirements of the solid waste franchise.
2. The Applicant shall not have had any solid waste franchise validly revoked by
any franchising authority within three (3) years preceding the submission of
the application.
3. No individuals employed by the applicant who are or will be responsible for
the management and oversight of the franchise operations for the City, during
the ten (10) years before submitting the application, shall have been convicted
of a crime impugning their truthfulness and/or ability to abide with their legal
obligations.
Ordinance No. 314 -8-
4. The applicant will not have filed materially misleading information in its
application or intentionally withheld information that the applicant lawfully is
required to provide.
5. An applicant that otherwise would not be qualified to hold a solid waste
franchise under this Chapter may include additional information
demonstrating to the city that the particular circumstances surrounding its act
or omission; the steps taken by the applicant to cure all harms flowing
therefrom and prevent their recurrence; the lack of involvement of the
applicant's principals; and/or the remoteness of the matter from providing
solid waste collection services would make it inappropriate for the City to
deny it a solid waste franchise.
8.08.050 Franchise terms.
Any franchise awarded pursuant'to this Chapter shall be for an initial term of not
more than ten years, with the possibility of renewal for additional terms of not more than
five years each, at the option of the City.
8.08.060 Transfer of franchise.
A franchise issued under this Chapter shall not be transferred, sold, relinquished,
delegated or assigned to another person without the approval of the City Council. This
restriction includes the transfer of ownership of the franchise or the conveyance of the
franchisee's stock to a new controlling interest. City Council approval of transfer shall
not be unreasonably withheld. Effectuating a franchise transfer without City Council
approval shall constitute grounds for revocation pursuant to Section 8.08.110.
8.08.070 Franchise Fee.
A. The City may in its discretion and in connection with a franchise entered into
pursuant to this Chapter collect from a Collector a franchise fee in an amount equal to a
percentage of gross revenues as set forth in a solid waste franchise for the privilege of
operating a solid waste collection service within the City.
B. The franchise fee is not a payment in lieu of any tax, fee, or other assessment
of general applicability.
8.08.080 Interim suspension.
A. The 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. The interim suspension will go into effect immediately upon delivery of a notice to
a Collector as specified in this Section.
B. The Manager may enter into a temporary agreement for the collection of solid
waste with a different solid waste enterprise during any period of time that a franchise
has been suspended.
Ordinance No. 314 -9-
8.08.090 Appeals.
A. A Collector may appeal the interim suspension imposed by the Manager
issued pursuant to Section 8.08.080, provided a written appeal is submitted to Manager
within five calendar days after notice of suspension has been sent to the Collector.
Appeals to the City Council shall include a general statement specifying the basis for the
appeal and the specific aspect, of the Manager's ruling being appealed.
B. The interim suspension shall remain in effect during the processing of the
appeal to the Council.
8.08.100 Council action.
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 may
initiate proceedings for revocation of the franchise. The Council shall base its action
upon the standards delineated in Section 8.08.080.
8.08.110 Revocation or modification of franchise.
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 on'any franchise 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 of waste services provided in the City. It is unlawful
for any person or solid waste enterprise to operate under a franchise which has been
revoked.
8.08.120 Notice of hearing on franchise.
The City shall serve a notice of the City Council franchise revocation hearing on a
Collector not less than fifteen calendar days prior to such hearing.
8.08.130 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 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.
8.08.140 Cessation of operations.
A. 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 calendar days after notice of
revocation.
Ordinance No. 314 -10-
B. The Manager may enter into a temporary agreement for the collection of solid
waste with a different solid waste enterprise until such time as a new franchise with a
different solid waste enterprise can be negotiated and approved by the City Council.
III
General Requirements
8.08.150 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 franchisee's activities. The insurance shall be in an amount set forth in the
Franchise Agreement. Such insurance shall be procured from an insurer authorized to do
business in the State of California, shall name the City of Rolling Hills and its officers,
employees and agents as additional insureds and shall not be canceled or modified
without first giving to City thirty calendar days' prior written notice. 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, must be filed with the City
Manager before a solid waste franchise becomes effective.
B. In the event of suspension, cancellation, or termination of the insurance by the
provider without obtaining substitute insurance meeting the requirements in subsection A
above, the franchise shall be immediately suspended 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.
8.08.160 Worker's compensation insurance.
A Collector shall at all times provide, at its own expense, workers' compensation
insurance coverage for all of its employees and shall file and maintain a certificate with
the Manager showing said insurance to be in full force and effect.
8.08.170 Indemnification.
A Collector shall indemnify, defend and hold harmless the City of Rolling Hills
and its officers, employees and agents against, in respect of any and all claims, demands,
losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies,
including interest, penalties and reasonable attorneys fees, that the City shall incur or
suffer, which arise, result from or relate to the collection, transportation, or disposal of
solid waste or recyclables within the City of Rolling Hills by said Collector. The
indemnification shall be included in the franchise agreement and include protections from
liability under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C.
Sections 6901, et seq., the Comprehensive Environmental Response, Compensation and
Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et seq., the Carpenter -Presley -
Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health and
Safety Code Sections 25300 et seq.; and all future amendments to any of them.
Ordinance No. 314 -11-
8.08.180 Bonds.
A. The franchise agreement may require a Collector to file a surety bond prior to
the effective date of the franchise in an amount determined by the Manager and in a form
acceptable to the City Attorney, to guarantee the faithful compliance with this Chapter
and the franchise agreement. The bond shall remain in force during the life of the
franchise agreement and all renewals thereof.
B. In the event of suspension, cancellation, or termination of the bond by the
issuer, the franchise shall be immediately suspended until a new bond 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.
8.08.190 Responsibility for Damages.
Any person providing solid waste collection services or conducting a solid waste
enterprise in the City shall be responsible for damages caused as a result of the person's
acts or omissions including, without limitation, injuries or death or any person or damage
to public or private property. •
The Collector shall be responsible, at the Collector's sole expense, for any
physical damage caused by the negligent or willful acts or omissions of employees,
grantees or subgrantees of the Collector to private or public property.
8.08.200 Office for inquiries and complaints.
A Collector shall maintain an office at some fixed location and shall maintain a
telephone at the office, listed in the current telephone directory and/or online at the
Collector's website, in the firm name by which it conducts business in the City, and shall
at all times during the hours between eight a.m. and five p.m. of each weekday and
between eight a.m. and one p.m. on Saturday, have an employee or agent at said office to
answer inquiries and receive complaints. The telephone number shall be a toll -free
number from all portions of the City. Collector shall submit a quarterly report of all
complaints received to City Manager, in a form set forth in the Franchise Agreement.
8.08.210 Permits and licenses.
A Collector shall obtain all applicable permits and licenses required by any
Federal, State or local agency.
8.08.220 Fees and 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., the City may levy fees
upon Collectors and customers for planning and program development and administration
regarding solid and household hazardous waste, recyclable solid wastes 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
Ordinance No. 314 -12-
solid wastes which have the characteristics of Hazardous Wastes. Such fees may include
charges for the use of 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.
8.08.230 Collection Rates.
A. Maximum rates to be charged by a Collector for the collection of solid waste
and recyclable materials shall be established or increased by resolution of the City
Council only after the Manager has mailed the property owners notice of the proposed
rate at least forty-five calendar days before a public hearing on the matter and the City
Council has held a public hearing for the purpose of receiving and considering all
objections, written and oral, to the proposed rate or rate increase. The Council may
continue the hearing from time to time without further written notice. Any property
owner may file with the Manager, at any time before the end of the public hearing, a
written protest against the proposed rate. The Council shall not approve the new or
increased rate if a majority protest exists. A majority protest exists if, at the end of the
public hearing, there are valid written protests submitted by owners of a majority of the
properties subject to the proposed fee increase. No more than one written protest per
parcel shall be counted.
B. A rate or rate increase may include an annual Consumer Price Index, or other
generally accepted form of consolidated index, increase to be implemented without a new
public hearing provided that the maximum percentage of index increase is set forth in the
notice sent to the property owners and any increase does not exceed that percentage
specified therein.
C. Every residential owner shall pay the rates for collection services rendered
pursuant to this Chapter in the manner set forth in Section 8.08.240
8.08.240 Collection of charges.
The City may in its discretion and in connection with a franchise entered into
pursuant to this Chapter, collect fees for solid waste/recycling collection services by
causing fees to be placed on the Los Angeles County Tax rolls through procedures
established by the Los Angeles County Tax Collector. In such event, no charge shall be
made directly to a customer by a franchised Collector unless expressly authorized by the
City Council or in this Code. Charges for manure collection service provided by the
Collector shall be billed directly to a customer by the franchised Collector.
8.08.250 Required monthly reports.
• A. A Collector shall provide the City separate monthly and annual tonnage and
information reports in a form and at dates set forth in the franchise agreement.
8.08.260 City Inspection Authority.
Ordinance No. 314 -13-
Any Collector providing collection services or conducting a solid waste enterprise
in the City shall keep and maintain books of account, income statements, tonnage reports,
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 for a period of three years after said
service was provided or any longer period required by law. Any Collector shall make
these records and documents available to the City upon request by the City Manager upon
five business days advance notice. Such records shall be made available to the City at the
Collector's regular place of business, within the Los Angeles County Limits.
IV
VEHICLES
8.08.270 Vehicle identification.
No solid waste enterprise may operate any vehicle for the collection of solid
waste or recyclables in the City unless the owner of the vehicle is a Collector or a
construction/demolition hauler, as those terms are defined in Section 8.08.020.
8.08.280 Amount and type of equipment.
No person shall be awarded a franchise for the collection, and for transportation
of solid waste or recyclables, or a permit for construction/demolition waste, unless the
solid waste 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 given pursuant to this Chapter. A Collector shall utilize mini -trucks,
three -wheel scooters or other appropriate small collection vehicles to make collections
• and so as to operate efficiently on narrow roads and driveways.
8.08.290 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 which results in undue
interference with normal traffic flows or violation of any traffic laws. The small
collection vehicles, whether loaded or unloaded, shall not be parked, or left unattended on
any street in the City. Large collection vehicles shall not be parked in an unobtrusive
manner and be maintained in a clean, sanitary condition.
8.08.300 Compliance with vehicle standards.
Any vehicle used in the collection or transportation 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 state law. The use of a vehicle
which fails to comply with each of the standards is prohibited. A Collector shall
immediately remove any vehicle from collection service which 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 Manager give
notification at any time to a Collector that any of its vehicles are not in compliance with
Ordinance No. 314 -14-
the standards of this Chapter or the Franchise 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.
V
COLLECTION/MANDATORY SERVICE
8.08.310 Mandatory service.
A. Except as otherwise provided in this Chapter, all solid waste and recyclables
collected 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 or solid waste enterprise, other than those referenced in subsection
A of this section, shall negotiate or contract for, undertake to receive, collect or transport
solid waste from within the City for a fee, service charge or other consideration, except as
specifically provided herein.
C. Except as otherwise provided in this Chapter, each residential property owner
and occupier in the City shall, at all times utilize the services of a Collector and pay the
rates approved by the City Council for the collection of solid waste and/or recyclables
from such premises as shall be owned by said owner and shall, at all times comply with
City policies and programs with regard to solid waste recovery, reduction of solid waste
and recycling of solid waste.
8.08.320 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 twice during each calendar
week, or less if provided for in an approved Franchise Agreement. Not more than four
days shall elapse between one collection and the next unless the regular day of collection
falls on a holiday. 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. When the collection day falls on a holiday, a Collector shall choose one of the
following options:
1. Collect on the holiday;
2. Collect one day prior to or one day after the holiday, providing regular
collection can be maintained on the regularly scheduled days the remainder of the week.
C. Not later than November 30th of each year, a Collector shall submit to City its
proposed collection schedule for the ensuing calendar year. 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
take place twice each week. The schedule shall also indicate the dates that brush
clearance required to be removed pursuant to Section 15.20.040 of this Code shall be
collected. Upon approval by the Manager, Collector shall cause to be mailed a written
Ordinance No. 314 -15-
notice to all customers of such schedule not later than December 31st 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.
8.08.330 Hours of collection.
A. No collection, or delivery or removal of containers, shall be made between the
hours of six p.m. and seven a.m. Monday through Saturday or at any time on Sunday.
B. The Manager may waive the requirements of this Section when necessitated
by conditions beyond the control of the Collector.
8.08.340 Litter.
If a Collector releases, or permits or causes the release of any solid waste on
public or private property in the City at any time, it shall promptly clean up, contain,
collect and remove same to the satisfaction of the Manager.
8.08.350 Employees of collector.
All field employees of a Collector shall wear name tags and/or uniforms to enable
identification while providing service to the public.
8.08.360 Trespass.
No person authorized to collect or transport solid waste or recyclables shall enter
on private property beyond the extent necessary to collect the solid waste or recyclables,
properly placed for collection.
8.08.370 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 City.
8.08.380 Ownership.
At such time as the solid waste or recyclables are placed for collection at the usual
place of collection, the solid waste or recyclables are the property of a Collector.
8.08.390 Disposal.
A. It is unlawful at any time for any person, including a Collector, to burn any
solid waste or recyclables within the City.
B. It is unlawful at any time for any person, including a Collector, to bury or
dump any solid waste or recyclables within the City.
8.08.400 Resource recovery.
A Collector shall, at all times, comply with City policies and programs regarding
solid waste recovery, reduction of solid waste and recycling of solid waste, 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.
Ordinance No. 314 -16- ff
8.08.410 Collection of recyclable materials.
A. A Collector shall offer recyclable materials collection services as follows:
1. A service yard collection program..
2. Operation of a drop-off center at City Hall where residents may drop
off recyclable items, such as newspaper, telephone books, glass and aluminum. No other
hazardous wastes shall be accepted. Operation of the center shall be in a manner
consistent with all applicable laws. Signs indicating acceptable and unacceptable
recyclables shall be prominently posted. Bins or containers shall be conspicuously
labeled. A Collector will provide regular maintenance and collection of reusable
materials from the center, as directed by the Manager.
3. A Collector shall develop and implement a public information and
education program for the recyclable materials collection services described in this
Chapter, approved by the City Manager.
4. A Collector shall establish and maintain a system for establishing
diversion credits for the City of Rolling Hills in a manner consistent with the Act.
5. From the time of placement of recyclable materials for collection, such
recyclable materials shall be and become the property of a Collector. It shall be a
violation of this Chapter for any person unauthorized by the City or the customer to
collect or pick up or cause to be collected or picked up any such items. Any and each
such collection in violation hereof from one or more locations shall constitute a separate
and distinct offense punishable in accordance with Chapter 1.08 of this Code.
B. Nothing in this Chapter shall limit the right of any person to donate, sell or
otherwise dispose of his or her recyclable materials.
8.08.420 Collection of green waste.
A. A Collector shall offer green waste services to its customers as follows:
1. Green waste shall be placed for collection in the manner set forth in
this Chapter and in the Agreement. All green waste shall be delivered to a legitimate
composting or alternative fuel facility or used as cover material at a landfill, so that City
receives credit for diverting the green waste from disposal at a landfill.
2. On a periodic basis, if a resident has additional green waste in excess of
what can be placed in the green waste containers set out for collection, residents may
place green waste materials in bags or bundles, or in a plastic or metal container with a
lid for collection by a Collector.
3. A Collector shall provide to all customers who request one, at the cost
paid by the customer, a composting bin of a type approved by the City Manager. Each
composting bin so provided shall include full instructions. A Collector shall provide
training, twice per year, on backyard composting, open to all residents of the City.
Composting shall be conducted pursuant to Section 8.08.430.
4. A Collector shall develop and implement a public information and
education program for the green waste services described in this section, approved by the
City Manager.
5. Collector shall collect an unlimited amount of brush clearance required
to be removed by Section 15.20.040 of this Code and any additional green waste set out
Ordinance No. 314 -17-
at that time from every customer up to three times in the Spring and up to three times in
the Fall. The dates for such collections will be set forth in the collection schedule mailed
out to all customers pursuant to Section 8.08.320.C. and the placement and bundling
specifications shall be set forth in the Agreement.
8.08.430 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.
8.08.440 Prohibited waste.
A. Electronic waste, electronic hazardous waste, and any other form of waste that
does not meet the definition of solid waste or recyclable materials shall not be disposed
of with solid waste or recyclables for regular solid waste collection by a Collector.
B. A Collector shall develop and implement a public information and education
program for electronic waste, electronic hazardous waste disposal and recycling,
hazardous waste and any other prohibited waste, approved by the City Manager.
C. Customers shall dispose of electronic waste, electronic hazardous waste,
hazardous waste and any other form of prohibited waste at special collection centers
operating throughout the region. A list of such collections centers is available at City
Hall.
VI
CONTAINERS
8.08.450 Care of containers.
Collector's agents and employees shall handle all containers with care.
Ordinance No. 314 -18-
8.08.460 Unauthorized Removal from containers.
No person other than a Collector who provides collection services at the premises,
or the owner or employee of the owner of the container, or the person upon whose
premises such container is located, or a City employee, shall remove any material from a
solid waste or recyclable container.
8.08.470 Tampering with containers.
No person other than the owner or occupant of the premises where a container is
located, or a Collector who provides collection services at the premises where the
container is located, or a City employee shall tamper with, or remove any container or
other equipment used for the storage of solid waste or recyclables.
8.08.480 Covering containers for solid waste.
Any container to be placed for collection containing solid waste shall have a
tightly fitting cover. Said cover shall be used at all times.
8.08.490 Unauthorized setting out of containers.
No person occupying, using or in charge of any premises shall set out or cause to
be set out for collection any solid waste or recyclables not generated on the premises.
8.08.500 Containers at residential premises.
A. Unless containers are to be provided by a Collector pursuant to the Franchise
Agreement, every customer in the City shall provide sufficient containers as to
accommodate the amount of solid waste generated by the premises. All containers shall
be constructed of metal, hard rubber or plastic, shall be constructed so as not to permit the
contents thereof to sift or pass through any opening therein other than the top, shall be
maintained in a clean and sanitary condition by the customer and shall not contain any
rough or jagged surfaces. Heavy-duty plastic bags especially manufactured for solid
waste collection and trash compactor sacks may also be used provided they are securely
tied, not perforated or split.
B. Any solid waste not susceptible to placement in a container may be placed for
collection at the same place and time as the container if it is securely tied in bundles not
heavier than sixty pounds, not more than four feet in length, nor more than eighteen
inches in diameter. Wooden boxes, crates, pallets, or cardboard boxes are to be broken
down and stacked neatly at the depositor's refuse collection point.
C. No cardboard box, paper bag or oil drum may be used as a container for solid
waste.
D. A Collector shall schedule to collect bulky items from customers at least three
times during each calendar year. The dates for such collections will be set forth in the
collection schedule mailed out to all customers pursuant to Section 8.08.320.C. and the
timing, item placement and other specifications for the collection shall be set forth in the
Agreement.
Ordinance No. 314 -19-
8.08.510 Accumulation of solid waste prohibited.
It is unlawful 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
and/or recyclables to become or remain offensive, unsightly or unsafe to the public health
or safety or hazardous from fire. It is unlawful to deposit, keep or accumulate, or permit
or cause any solid waste and/or recyclables 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. No customer or person occupying, owning or in control of any
premises shall permit solid waste and/or recyclables to accumulate, or to blow about in a
manner which creates an unsightly appearance, or a health hazard. It is unlawful for any
person to dispose of their solid waste into containers at locations other than those that
may be located upon property which they own or occupy or where they work. It is
unlawful for any person to place bulky items on the street except that bulky items may be
placed on the street within the two days prior to a bulky item collection scheduled
pursuant to Section 8.08.500.D, or within the two days prior to otherwise scheduled
collection or removal of the item.
8.08.520 Placement of containers at residential premises.
A. In the case of residential premises, each container or bundle shall be kept in
the service yard of the premises reasonably concealed from view by neighbors. Such
areas shall be readily accessible to a Collector by a pathway. Access to the containers
shall not be impaired by the presence of any vehicles or other obstructions.
B. A Collector shall collect containers from the service yard and shall return all
containers in an upright position to the same approximate location where found by a
Collector and without any unnecessary noise or wear and tear or damage to said
receptacles. A Collector shall replace a container or reimburse the customer for any
damage caused to receptacles by the unnecessary wear and tear of a Collector.
C. In the event a Collector declines to collect any solid waste on a required
collection day, the Collector shall leave a tag on the container indicating the reason for
refusal to collect and the Collector's name and telephone number. A record shall be kept
by the Collector of all locations where such tags have been left, with the reasons noted.
Such record shall be made available for inspection by City upon reasonable notice.
8.08.530 Container storage areas.
The owner or occupant of residential premises where a container is placed shall
provide a clean, safe and sanitary place for its storage.
VII
EXCLUSIONS
8.08.540 Residential waste and recyclable exclusion.
No provision of this Chapter shall prevent customers from collecting and
disposing of occasional loads of solid waste generated in or on their residential premises,
or from composting green waste, or from selling or disposing of recyclables generated in
or on their residential premises; provided, however, that no customer shall employ or
Ordinance No. 314 -20-
engage any solid waste enterprise, other than a Collector franchised in the City of Rolling
Hills, to haul or transport such materials to a transfer station or landfill.
8.08.550 Dwellings under construction.
When solid waste is not being generated on a property due to construction at a
temporarily vacant residential dwelling or at a newly constructed residential dwelling that
has not yet been occupied, the property owner may suspend mandatory collection service
for the time that the dwelling is not being occupied and may not be liable for collection
charges for such period of time as follows:
A. Residential dwellings undergoing alterations or repairs, but occupied or vacant
for less than four full weeks, shall receive regular service for collectible solid waste
during the construction period.
B. Residential dwellings which remain unoccupied for four full weeks or longer,
may suspend mandatory collection service and may not be liable for collection fees
during period or be eligible for a refund of the collection fees for such periods.
C. The property owner shall notify the City Manager and all Collectors
responsible for collection at that dwelling, at their respective offices, of the temporary
suspension of mandatory service. The notice shall be in writing and the effective date
shall be one week after the date of the notification. Receipt of the notice shall be
acknowledged by mail, fax or email communication and a reference number assigned to
avoid misunderstanding;
D. The property owner shall notify the City Manager and the Collectors
responsible for collection at that dwelling of the duration of the vacancy, if known, at the
time of the suspension of the collection service; otherwise owner shall notify by mail,
fax, email or phone within three calendar days of occupancy or resumption of occupancy
and service shall be resumed immediately thereafter; and
E. The premises described in the notice shall not be occupied during the period of
the vacancy, and no solid waste of any type, other than construction/demolition waste
that is removed pursuant to Section 8.08.580, shall be produced during the period or
collected from the dwelling.
F. When collection fees have been prepaid on the property tax bill, a property
owner may request a refund of solid waste collection fees for the period that the property
was vacant and the service was suspended by filing a refund form with the City Manager
within sixty calendar days of occupying or reoccupying the premises. The City Manager
shall process the request within sixty days from receipt of the request and may grant a
refund for the proportionate amount of fees for the time the property was vacant and
service was suspended.
Ordinance No. 314 -21-
8.08.560 Gardener's exclusion.
A franchise shall not be required for the occasional removal of green waste as a
result of routine and regular tree trimming, gardening or landscaping activities. In order
to help the City meet its diversion requirements, gardeners, tree trimmers and landscapers
are encouraged to divert the occasional loads of green waste from the landfill to a
legitimate composting or alternative fuel facility or to use the waste as cover material at a
landfill, so that City can receive credit for diverting the green waste. Gardeners, tree
trimmers and landscapers are encouraged to collect a tonnage form or tonnage report for
all green waste diverted from the landfill and residents are encouraged to submit such
tonnage forms or tonnage reports to the City. Manager evidencing the amount of diverted
green waste.
8.08.570 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 which have been separated from solid waste for the purpose of sale or
donation, which have not been mixed with or contain more than incidental or minimal
solid waste, and which 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.
8.08.580: Construction or demolition waste.
A. Minimum construction or demolition waste diversion requirements
Every covered project shall divert at least fifty percent (50%), measured by
weight, of all construction or demolition waste generated by the covered project.
B. Exempt projects.
The diversion and reporting requirements of this Section shall not apply to the following
projects:
1. Any construction, remodeling or demolition project that does not
require a building permit and does not generate recyclable materials and construction and
demolition waste.
2. 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.
Notwithstanding the exemptions set forth in this paragraph, permitees working on
exempt projects are encouraged to divert as much construction or demolition waste as
practicable and encouraged to use permitted haulers for removal of waste from the
project.
C. Construction/demolition hauling permit.
Ordinance No. 314 -22-
1. Permit required. No person or solid waste enterprise shall remove
construction and demolition waste from a covered project within the City without first
obtaining a construction/demolition hauling permit. The City Manager shall maintain a
list of all permitted construction/demolition haulers and residents shall only use a •
permitted construction/demolition hauler for removal of construction/demolition waste
from any covered project within the City.
2. Application for construction/demolition hauling permit. An application
for a permit shall be filed with the City Manager and be accompanied by an application
fee in an amount set by City Council resolution to reimburse the City for all expenses
incurred by it in connection with granting the permit. The application shall include, at a
minimum, the following information:
(a) Name, address, telephone number of the applicant and any other
principals in the hauler's business.
(b) The type and amount of materials and waste material that the hauler is
capable of transporting..
(c) The number of vehicles that the enterprise utilizes.
(d) 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.
(e) Such other pertinent facts or information as the City Manager may
require including but not limited to evidence of state certification, evidence of previous
experience, and demonstration of reliable and safe equipment.
3. In order to be legally qualified to obtain a construction/demolition
hauler permit:
A. The applicant shall be willing and able to comply with the provisions
of this Code, applicable law, and all requirements of the permit.
B. The applicant shall have demonstrated ability to remove and transport
the required construction/demolition waste to the appropriate waste
disposal facilities
C. The applicant shall not have filed materially misleading information in
its application or intentionally withheld information that the applicant
lawfully is required to provide.
4. Issuance of permits. The City Manager may issue a non-exclusive
construction/demolition hauler permit subject to such conditions as are necessary to
protect the public health, safety and welfare and to assure that the permit is exercised for
Ordinance No. 314 -23-
its circumscribed purposes. A permit shall not be transferred to another person or solid
waste enterprise. Permits shall remain in effect for one year and must be renewed
annually.
5. A permitted construction/demolition hauler shall be subject to the
following provisions of Chapter 8.08: Sections 8.08.150 Collector's liability insurance,
8.08.160 Worker's compensation insurance, 8.08.170 Indemnification, 8.08.190 Office
for inquiries and complaints, 8.08.200 Permits and licenses, 8.08.250 Vehicle
identification; 8.08.260, City Inspection Authority, 8.08.270 Operation of equipment,
8.08.310 Hours of collection, 8.08.320 Litter, 8.08.340 Trespass, 8.08.350 Noise,
8.08.360 Ownership, 8.08.370 Disposal, 8.08.380 Resource recovery, and all other
applicable provisions of the Municipal Code.
6. Failure by a permitted hauler to comply with the diversion and/or
reporting requirements of this Section will result in automatic revocation of the
construction/demolition hauler permit. A hauler whose permit has been revoked shall not
be eligible to reapply for a new permit for a period of three -years from the date of
revocation.
D. Condition precedent to issuance of building or demolition permit.
As a part of any application for, and prior to the issuance of, any building or demolition
permit for a covered project, every permittee shall identify the permitted hauler that has
been designated to remove all construction/demolition waste associated with the project.
The application shall also be accompanied by a construction/demolition waste fee, set by
resolution of the City Council to reimburse the City for all expenses incurred by it in
connection with monitoring compliance with this Section.
E. Records.
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 City Manager that can be converted to tonnage.
F. Reporting.
Within thirty (30) calendar days following the completion of any covered project,
the hauler 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 Manager establishing compliance with the requirements of this Section. 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 Manager, 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
Ordinance No. 314 -24-
required by the Manager to verify the amount of construction or demolition waste
generated from the site that has been diverted.
If a project involves issuance of both a demolition and building permit, the report
and documentation for the demolition permit shall be submitted to and approved by the
Manager before issuance of a building permit.
G. Monitoring responsibility of Manager.
The City Manager shall monitor each covered project for compliance with this
Section.
H. Implementing Regulations
The Manager shall have the authority to establish regulations for the implementation of
this Section, and when dulyestablished, such regulations shall be in full force and effect.
Section 2. This ordinance shall apply to all franchise agreements amended,
extended or executed after the effective date of this ordinance.
Section 3. The City Clerk shall certify to the adoption of this ordinance and shall
cause the same to be published as required by law.
PASSED, APPROVED and ADOPTED this day of , 2009.
MAYOR
ATTEST:
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. ---- entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING
HILLS MUNICIPAL CODE RELATING TO THE COLLECTION
OF SOLID WASTE AND RECYCLABLES
was approved and adopted at a regular meeting of the City Council on , 2009 by
the following roll call vote:
Ordinance No. 314 -25-
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices
Deputy City Clerk
Ordinance No. 314 -26-
Chapter 8.08
SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION*
Sections:
8.08.010 Findings and intent.
I
DEFINITIONS
Sections:
8.08.020 Definitions.
Ih
FRANCHISES
Sections:
8.08.030 Franchise requirement.
8.08.040 Franchise proposals.
8.08.050 Franchise award.
8.08.060 Franchise terms.
8.08.070 Transfer of franchise.
8.08.080 Extension of franchise.
8.08.090 Revocation of franchise.
8.08.100 Interim suspension.
8.08.110 Notice of hearing of revocation of
franchise.
8.08.120 Revocation.
8.08.130 Appeals.
8.08.140 Council action.
8.08.150 Cessation of operations.
III
GENERAL REQUIREMENTS
Sections:
8.08.200 Collector's liability insurance.
8.08.210 Worker's compensation insurance.
8.08.220 Indemnification.
8.08.230 Bonds.
8.08.240 Office for inquiries and complaints.
8.08.250 Permits and licenses.
8.08.260 Rates.
8.08.270 Collection of charges.
8.08.280 Required monthly reports.
8.08.290 Annual report.
IV
VEHICLES
Sections:
8.08.300
8.08.310
8.08.320
8.08.330
8.08.340
Sections:
8.08.400
8.08.410
8.08.420
8.08.430
8.08.440
8.08.450
8.08.460
8.08.470
8.08.480
8.08.490
8.08.500
8.08.510
8.08.520
Sections:
8.08.600
8.08.610
8.08.620
8.08.630
8.08.640
8.08.650
8.08.660
8.08.670
8.08.680
Vehicle identification.
Vehicle standards.
Amount and type of equipment.
Operation of equipment.
Compliance with vehicle standards.
V
COLLECTION/MANDATORY SERVICE
Mandatory service.
Frequency of collection.
Hours of collection.
Litter.
Employees of collector.
Trespass.
Noise.
Ownership.
Disposal.
Transfer of loads on streets.
Resource recovery.
Collection of recyclable materials.
Collection of green waste.
VI
CONTAINERS
Care of containers.
Unauthorized use of containers.
Tampering with containers.
Containers for garbage and rendering
waste.
Unauthorized setting out of containers.
Containers at residential premises.
Accumulation of solid waste prohibited.
Placement of containers at residential
premises.
Container storage areas.
VII
EXCLUSIONS
Sections:
8.08.700
8.08.710
8.08.720
8.08.730
Residential householder exclusion.
Dwellings under construction.
Gardener's exclusion.
Manure hauler exclusion.
* For statutory provisions authorizing cities to contract for
garbage and rubbish disposal, and to prescribe terms for
such services, see Health and Saf. Code § 4250; for provi-
sions on state regulation of solid waste disposal, see Gov.
Code § 66700 et seq.
Prior history: Ord. 1.08.
8.08.010 Findings and intent.
A. The City Council finds and determines as fol-
lows:
1. In order to meet the requirements of the Cali-
fornia Integrated Waste Management Act of 1989 including
source reduction of the solid waste stream, diversion of
solid waste from landfills, and conservation of natural
resources, it is necessary to regulate the collection of
solid waste from residential and institutional premises,
and to require recycling of solid waste materials.
2. The mandates of the Environmental Protection
Agency, the Southern California Air Quality Management
District, and other regulatory agencies, concerning air
pollution and traffic congestion management, require the
regulation and, where possible, reduction in the number,
of waste collection vehicles and vehicle trips which cause
the discharge of air contaminants and create air pollu-
tion.
3. Reducing the number of waste collection vehicles
using the streets in the City reduces traffic hazards and
congestion and promotes safety.
4. Because of the unique nature of roadways and
properties within the City, solid waste collection re-
quires small vehicles suchas three -wheel scooters and
mini -trucks.
5. The storage, accumulation, collection and dis-
posal of solid waste, including without limitation gar-
bage, trash, debris and other discarded materials is a
matter of substantial public concern in that improper con-
trol of these matters may create a public nuisance, air
pollution, fire hazard, rat and insect infestation and
other problemsadversely affecting the public health,
safety and welfare.
6. Regulation of the collection of garbage, refuse
and other discarded materials from all residential and in-
stitutional properties within the City will provide the
most orderly. and efficient solution to these problems and
will promote the public health, safety and welfare.
7. The regulation of solid waste handling services
in the City will also promote the public health, safety
and welfare by requiring the use of newer and safer vehi-
cles, the regular maintenance of those vehicles, and the
reduction of spillage and litter on the public streets, by
establishing responsibility for the cleaning of refuse
bins and containers, and by providing for accountability
to the public.
8. The public health, safety and welfare will best
be served by providing for one pr more exclusive or nonex-
clusive franchises for refuse collection services.
B. This chapter is enacted by the City Council pur-
suant to the following statutory authorization and in or-
der to accomplish the objectives set forth in this sec-
tion:
1. Public Resources Code Section 40059 authorizes
the City to determine: (i) all aspects of solid waste han-
dling which are of local concern, including, but not lim-
ited to, frequency of collection, means of collection and
transportation, level of services, charges and fees, and
nature, location and extent of providing solid waste han-
dling services; and (ii) whether the services are to be
provided by means of nonexclusive franchise, contract, li-
cense, permit or otherwise, either with or without com-
petitive bidding, or if, in the opinion of its governing
body, the public health, safety and well-being so require,
by partially exclusive or wholly exclusive franchise, con-
tract, license, permit or otherwise, either with or with-
out competitive bidding.
2. Public Resources Code Section 49300 provides
that the City may, pursuant to terms and conditions as may
be prescribed by its legislative body, contract for the
collection or disposal, or both, of garbage, waste, re-
fuse, offal, trimmings or other refuse matter.
3. Public Resources Code Section 49501 provides
that the City may take action, whether by franchise, con-
tract, license, permit or otherwise, whereby the City it-
self, or one or more other local agencies or solid waste
enterprises is authorized or permitted to have the exclu-
sive right to provide solid waste handling services of any
class or type within all or any part of the territory of
the City.
4. It is the intent of this chapter to set forth
terms and conditions pursuant to which authorization may.
be granted by the City Council to provide solid waste han-
dling services, and to promote the public health, welfare
and safety of the community by establishing reasonable
regulations relating to the storage, accumulation, collec-
tion and disposal of garbage, trash, rubbish, debris and
other discarded matter, goods and material.
5. This chapter shall be construed in a manner con-
sistent with all applicable federal and state laws. If any
federal or state agency shall hereafter exercise any para-
mount jurisdiction over any specific provisions ofthis
chapter, that paramount jurisdiction shall preempt or pre-
clude the exercise of like jurisdiction by the City. Modi-
fication of a federal or state law or regulation shall, to
the extent applicable to the City, be deemed a part of
this chapter as of the effective date of the modification.
(Ord. 244 § 1(part), 1993).
I
DEFINITIONS
8.08.020 Definitions.
The following words and phrases, for the purposes of
this chapter, are defined and shall be -construed as
hereunder set out:
Act. "Act" means the California Integrated Waste Man-
agement Act of 1989, Public Resources Code Sections 40000,
et seq., as they now exist or may subsequently be amended.
City. "City" means the City of Rolling Hills.
City Employee. "City Employee" means an employee or
authorized agent of the City of Rolling Hills.
Collection. "Collection" means the operation of gath-
ering together and/or transporting by means of a motor ve-
hicle any classification of solid waste or recyclables
within the City.
Collector. "Collector" means any person who has been
issued a franchise to provide solid waste and/or recycla-
ble materials collection services in the City.
Construction/Demolition Waste. "Construction and
demolition waste" means any debris resulting from the con-
struction, modification or demolition of any structure,
roadway or property. Construction and demolition waste in-
cludes but is not limited to asphalt, concrete, drywall,
metals, roofing materials, sods and wood.
Container. "Container" means any vessel tank, recep-
tacle, dumpster, box or bin used or intended to be used
for the purpose of holding solid waste for collection.
Designated Collection Location. "Designated collec-
tion location" means the place where the residential
householder or institutional occupant shall place, and
from where the Collector is to collect, solid waste and
recyclables in containers designated for that purpose.
Disposal. "Disposal" means the complete operation of
treating and/or disposing of solid waste after the collec-
tion thereof.
Garbage. "Garbage" means all discarded food, offal
and animal and vegetable waste not fit for human consump-
tion resulting from the preparation of food. Garbage shall
not include market refuse or rendering waste.
Green Waste. "Green waste" means leaves, grass clip-
pings, brush, branches and other forms of organic materi-
als generated from landscapes or gardens, separated from
other solid waste. Green waste does not include stumps or
branches exceeding four inches in diameter or four feet in
length.
Hazardous Waste. "Hazardous waste" means and includes
waste defined as hazardous by Public Resources Code Sec-
tion 40141 as it now exists or may subsequently be
amended, namely, a waste or combination of wastes, which
because of its quantity, concentration, toxicity or physi-
cal, chemical or infectious characteristics, may do either
of the following: (i) cause or significantly contribute
to, an increase in mortality or an increase in serious ir-
reversible, or incapacitating reversible, illness; (ii)
pose a'substantial present or potential hazard to human
health or environment when improperly treated, stored,
transported or disposed of or otherwise managed. Hazardous
waste includes extremely hazardous waste and acutely haz-
ardous waste, and any other waste as may hereafter from
time to time be designated as hazardous by the Environ-
mental Protection Agency (EPA) or other agency of the
United States Government, or by the California Legislature
or any agency of the State of California empowered by law
to classify or designate waste as hazardous, extremely
hazardous or acutely hazardous.
Holiday. "Holiday" means:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
"Holiday" also means any other day designated as such
in a contract between a Collector and the labor union
serving as the exclusive representative of that Collec-
tor's employees, provided the holiday is established or
recognized by resolution of the City Council.
Institutional Owner. "Institutional owner" means the
owner or occupant of any institutional premises permitted
in the public facilities zone pursuant to the zoning pro-
visions of the Municipal Code.
Institutional Premises. "Institutional premises"
means a structure or use permitted in the public facili-
ties zone as set forth in the zoning provisions of the Mu-
nicipal Code.
Manager. "Manager" or "City Manager" means the City
Manager or his/her designee of the City.
Manure. "Manure" means the waste droppings from any
animal not disposed of through sewers or on -site wastewa-
ter systems.
Miscellaneous Debris. "Miscellaneous debris" shall
mean any and all trash, rubbish, debris or other abandoned
or discarded material not otherwise defined as rubbish,
garbage, market refuse, rendering waste or manure.
Officer. "Officer" means the president, vice-
president, treasurer or other duly designated representa-
tive of a Collector.
Parcel of Real Property. "Parcel of real property"
means a parcel of real property as shown on the local se-
cured tax rolls of the County of Los Angeles.
Person. "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 act-
ing as a unit.
Public Agency. "Public agency" means any governmental
agency or department thereof, whether federal, state, or
local.
Recyclable Materials. "Recyclable materials" means
the following materials generated on or emanating from
residential or commercial/industrial premises and no
longer useful or wanted thereon: glass bottles and jars -any
food or beverage container (excluding ceramics and chemi-
cal containers); aluminum -cans, foil, pie tins and similar
items (excluding dirt or organic material); steel or bi-
metal cans not to exceed one gallon size; PET -plastic soda
bottles or other bottles with the designated "PET" symbol;
HDPE-plastic milk and water bottles with the designated
"HDPE" symbol (excluding detergent or bleach bottles and
other plastic products); newspaper; cardboard -separated and
not having waxed surfaces; computer print out (excluding
carbon); and white ledger -white bond paper, office paper,
white envelopes (excluding coated paper); and such addi-
tional materials as the City Council may designate from
time to time.
Recycling. "Recycling" means the process of collect-
ing, sorting, cleansing, treating and reconstituting mate-
rials that would otherwise become solid waste, and return-
ing them to the economic mainstream in the form of raw ma-
terial 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 in Public Resources Code Section 40201.
Recycling Container. "Recycling container" means a
container provided to residential premises for use in col-
lecting and moving recyclable materials to curbside for
collection by the Collector. The container shall have a
capacity of at least eighteen gallons and shall be marked
with the City recycling logo. The type, color and design
of the container provided shall be subject to approval by
the City Manager.
Residential Householder. "Residential householder"
means any person holding and occupying residential prem-
ises, whether or not the owner, singly or with his or her
family, within the territorial limits of the City.
Residential Owner. "Residential owner" means the
owner of any residential premises in the City.
Residential Premises. "Residential premises" means
any residential property in the City.
Rendering Waste. "Rendering waste" means dead ani-
mals, hides, fat, or bones of animals, grease, meat scraps
and other similar materials being collected or transported
to a rendering plant for processing.
Rubbish. "Rubbish" means and includes without limita-
tion the following items: all waste and refuse capable of
burning readily, including straw, packing materials,
leather, rubber, clothing, bedding, books, rags and all
other similar articles which will burn by contact with'
flames or ordinary temperature;.and ashes, crockery,
china, pottery, metal wire and other similar materials
which are rejected by the owner or producer thereof.
Solid Waste. "Solid waste" means all putrescible and
nonputrescible solid and semisolid wastes, generated in or
upon, related to the occupancy of, remaining in or emanat-
ing from residential premises or commercial/industrial
premises, including garbage, trash, refuse, paper, rub-
bish, ashes, industrial wastes, demolition and construc-
tion wastes, discarded home and industrial appliances, ma-
nure, vegetable or animal solid or semisolid wastes, and
other solid and semisolid wastes, as defined in Public Re-
sources Code Section 49503, excluding liquid wastes and
abandoned vehicles; provided, however, that solid waste
shall not include hazardous waste.
Solid. Waste Enterprise. "Solid waste enterprise"
means any individual, partnership, joint venture, unincor-
porated private organization or private corporation regu-
larly engaged in the business of providing solid waste
handling services.
Tonnage Form. "Tonnage form" means the document
adopted by the City Council which is used to determine the
net amount of solid waste and/or recyclables disposed of
in a permitted or certified facility.
Tonnage Report. "Tonnage report" includes a tonnage
form or a copy of such form prepared by the Collector.or
an officer or agent of the Collector. Tonnage reports
shall also include necessary information to verify the re-
port or supplied information.
Transportation. "Transportation" means the process of
moving solid waste through the City by motor vehicle.
Waste Disposal Facility. "Waste disposal facility"
means any landfill, transfer station, incinerator, land
reclamation project, recycling facility or other similar
site or facility which is used or intended to be used for
the transfer, consolidation, processing or disposal of
solid waste or recyclables.
Weight Tickets/Invoices. "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 the correlating facility. (Ord. 244
§ 1 (part) , 1993) .
II
FRANCHISES
8.08.030 Franchise requirement.
The City Council may authorize, by franchise, a solid
waste enterprise to provide solid waste handling services
for residential and institutional users or customers.. In
the sole discretion of the City Council, the solid waste
handling services may be authorized on an exclusive or
nonexclusive basis, and with or without competitive bid-
ding ,and may relate to any class or type of solid waste
within all or any part of the territory of the City. No
person shall collect and/or dispose of solid waste or re-
cyclables in the City without having first been awarded a
solid waste collector franchise and entered into a fran-
chise agreement with the City. Such franchise shall be in
addition to any business license or permit otherwise re-
quired by the City. All such franchisees shall comply with
all of the requirements of this chapter. (Ord. 244
§ 1(part) , 1993) .
8.08.040 Franchise proposals.
Proposals shall be submitted in response to requests
for proposals issued by City. Such proposals shall in-
clude, but not be limited to:
A. Name and'home address
B. Business address, and
of applicant;
addresses where all vehi-
cles to be used by franchisee will be stored;
C. Form of organization, whether a proprietorship,
partnership, joint venture or corporation, and the names
and home addresses of all owners and officers and their
percentage of ownership, if greater than five percent;
D. A description ofeach vehicle and other equip-
ment that the applicant owns or has under its control, in-
cluding the age and mechanical condition of each vehicle,
a statement as to whether the vehicle is self -loading,
leakproof, meets the requirements contained in Article IV
of this chapter, the service in which each vehicle shall
be placed and evidence that the applicant owns or has the
right to the use of said vehicles;
E. A statement of applicant's experience and a list
of other jurisdictions where applicant operates;
F. Any additional facts which demonstrate that the
applicant is able, at all times, to comply with City laws
and to provide service in a safe and efficient manner;
G. A copy of applicant's current financial state-
ment;
H. Proposed rates to be charged by applicant for
each classification of property;
I. A statement as to whether the applicant has been
convicted of any felony or misdemeanor, the nature of the
offense and the punishment or penalty assessed therefore,
exclusive of traffic violations not constituting a felony;
J. Detailed information regarding recycling serv-
ices offered to clients and a listing of clients currently
receiving recyclable collection service;
K. Any other information requested by the Manager.
(Ord. 244 § 1(part), 1993j.
8.08.050 Franchise award.
The City may award one or more franchises for collec-
tion of solid waste and/or recyclables from residential
and institutional premises. No person other than a fran-
chisee shall collect and/or dispose of solid waste and/or
recyclables in the City other than as provided in this
chapter. The terms and provisions of any franchise agree-
ment for solid waste handling services may relate to or
include, without limitation, the following subject mat-
ters: franchise.
1. The nature, scope and duration of the franchise;
2. The collection schedule, including the fre-
quency, days and hours of collection;
3. The applicable rates, fees and charges for regu-
lar, special and emergency collection services, including
the method of setting and adjusting same, and the respon-
sibility for billing and collecting same;
Lt -C9
4. Collection vehicles, including the permissible
size and color, and any required identification, safety
equipment, maintenance, inspection and operational re-
quirements;
5. The receipt, processing and reporting of cus-
tomer inquiries and complaints;
6. The collection of solid waste from publicly
owned property and facilities;
7. Performance standards for the Collector's per-
sonnel and equipment;
8. Solid waste and recycling containers, including
size, repair or replacement, handling, placement, obliga-
tions of the Collector to provide, and permissible charges
therefor;
9. Standards and procedures for periodic perform-
ance reviews by the City;
10. Noise attenuation policies and procedures;
11. The maintenance by the Collector of an office
for the conduct of business;
12. Policies and procedures relating to the noncol-
lection of solid waste, the composting of greenwaste, the
collection of recyclable materials and resource recovery;
13. Requirements relating to comprehensive liability
insurance and workers' compensation insurance;
14. Requirements relating to the dissemination of
information to the public concerning regular and special
solid waste collection and recycling services;
15. Actions or omissions constituting breaches or
defaults, and the imposition of applicable penalties, liq-
uidated damages and other remedies, including suspension,
revocation or termination;
16. Requirements relating to performance bonds and
to indemnification;
17. Requirements relating to affirmative action pro-
grams;
18. Requirements relating to recordkeeping, account-
ing procedures, reporting, periodic audits and inspection
of records;
19. Requirements relating to the assignment, trans-
fer and renewal of the franchise;
20. Requirements relating to compliance with and im-
plementation of state and federal laws, rules or regula-
tions pertaining to solid waste handling services, and to
the implementation by the City of state -mandated programs,
including, without limitation, the City's "Source Reduc-
tion and Recycling Element" and the City's "Household Haz-
ardous Waste Element";
21. Such additional requirements, conditions, poli-
cies 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. (Ord. 244 § 1 (part) , 1993).
8.08.060 Franchise terms.
Any franchise awarded pursuant to this chapter shall
be for a term of not more than five years, with the possi-
bility of one renewal for a second term of not more than
five years, at the option of the City. (Ord. 244
§ 1(part) , 1993) .
8.08.070 Transfer of franchise.
A franchise issued under this chapter shall not be
transferred, sold, assigned, relinquished, delegated or
assigned to another person without the approval of the
City Council. This restriction includes the transfer of
ownership of the franchise or the conveyance of the fran-
chisee's stock to a new controlling interest. (Ord. 244
§ 1(part) , 1993) .
8.08.080 Extension of franchise.
The City and franchisee may mutually agree to extend
the franchise term on such terms and rates as the parties
may agree. Nothing contained in this provision or in this
Chapter shall obligate the City to extend the term of any
franchise. (Ord. 244 § 1 (part) , 1993) .
8.08.090 Revocation of franchise.
After a hearing as provided for in this part, the
Manager may revoke or suspend any franchise if the fran-
chisee has violated a provision of this chapter or of the
franchise agreement or any other applicable law, ordi-
nance, or regulation of any public agency. It is unlawful
for any collector to operate under a franchise which has
been revoked or suspended. (Ord. 244 § 1(part), 1993).
8.08.100 Interim suspension.
The Manager, without a hearing, may suspend a fran-
chise for not more than sixty days, if the Manager finds
that continued operation by the franchisee will constitute
a threat to the public health, safety or general welfare
of the City. (Ord. 244 § 1(part), 1993).
8.08.110 Notice of hearing of revocation of franchise.
The Manager or his agent shall serve a notice of
hearing of revocation of franchise on the franchisee.by
first class certified mail not less than fifteen days
prior to such hearing. (Ord. 244 § 1(part), 1993).
8.08.120 Revocation.
In the event of the revocation of a franchise, the
Manager shall notify the applicant in writing of the rea-
sons therefor. Such notification may be made in person or
by registered/certified mail. The notice of ruling shall
include, without limitation, the effective date of any
revocation of franchise to collect solid waste. (Ord. 244
§ 1 (part) , 1993) .
8.08.130 Appeals.
A collector may appeal the revocation of a franchise,
provided written notice is received by the City Clerk of
the City within fifteen calendar days after notice by the
Manager of revocation, or any notice of ruling from the
Manager advising the revocation of a franchise. Appeals
requesting a hearing should address the reasons for ap-
peals. (Ord. 244 § 1 (part) , 1993) .
8.08.140 Council action.
The City Council may either affirm the action of the
Manager, refer the matter back to the Manager for further
consideration, or set the matter for hearing before it-
self. If the Council sets the matter for hearing it shall
base its action upon the standards delineated in Section
8.08.100. Notice of such hearing shall be sent to the Col-
lector not less than 15 days prior to the hearing. (Ord.
244 § 1(part), 1993).
8.08.150 Cessation of operations.
Upon revocation of a franchise by the Council, the
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 days
after notice of revocation. (Ord. 244 § 1(part), 1993).
III
General Requirements
8.08.200 Collector's •liability insurance.
The Collector shall furnish the City a. policy or cer-
tificate of comprehensive general and automobile liability
insurance acceptable to the City Attorney insuring the
Collector against bodily injury, property damage and auto-
mobile liability in the sum of one million dollars com-
bined single limit. These limits shall be subject to an-
nual review by the City for the purpose of reasonably ad-
justing to current insurance conditions and requirements.
Such insurance shall be primary and any insurance main-
tained by the City shall be excess insurance, shall be
procured from an insurer authorized to do business in the
State of California, shall name the City of Rolling Hills
and its officers, employees and agents as additional in-
sureds and shall not be canceled or modified without first
giving to City thirty days' prior written notice. (Ord.
244 § 1(part) , 1993).
8.08.210 Worker's compensation insurance.
The Collector shall at all times provide, at its own
expense, workers' compensation insurance coverage for all
of its employees and shallfile and maintain a certificate
with the Manager showing said insurance to be in full
force and effect. (Ord. 244 § 1(part), 1993).
8.08.220 Indemnification.
The Collector shall indemnify, defend and hold harm-
less the City of Rolling Hills and its officers, employees
and agents against, in respect of any and all claims, de-
mands, losses, costs, expenses, obligations, liabilities,
damages, recoveries and deficiencies, including interest,
penalties and reasonable attorneys fees, that the City
shall incur or suffer, which arise, result from or relate
to the negligent or wrongful collection, transportation,
or disposal of solid waste or recyclables within the City
of Rolling Hills by said person. (Ord. 244 § 1(part),
1993) .
8.08.230 Bonds.
A. The Collector shall secure and deliver to the
satisfaction of the City a ,performance or cash bond in the
amount of fifty thousand dollars prior to the effective
date of the franchise. Said performance or cash bond shall
serve as security for the faithful performance of all con-
ditions and provisions of this chapter and shall be on
terms acceptable to the City Attorney. The bond shall re-
main in force during the life of the franchise agreement
or permit and all renewals thereof.
B. The bond shall be in favor of the City and shall
not extend to the right of recovery against the sureties
by third persons. After any recovery against the bond by
the City, the bond -amount shall be restored to the re-
quired sum of ten thousand dollars. The bond may contain a
provision giving the sureties the option to cancel the
bond upon first giving notice in writing not less than
thirty days before the effective date of the cancellation
to the City Manager; provided, however, such cancellation
shall not impair the right of the City to reimbursement
for the correction of conditions resulting from the viola-
tion of this chapter or any contract or resolution made
pursuant to the provisions of this chapter, which viola-
tions occurred before the effective date of the cancella-
tion of the bond, whether the work of correction was per-
formed before or after such effective date. In the event
of suspension, cancellation, or termination of the bond by
the provider, the franchise shall be immediately suspended
until a new bond is provided, and the Collector shall be
liable to the City for any and all damages suffered by the
City arising out of such suspension, cancellation or ter-
mination. (Ord. 244 § 1(part), 1993).
8.08.240 Office for inquiries and complaints.
A. The Collector shall maintain an office at some
fixed location and shall maintain a telephone at the of-
fice, listed in the current telephone directory in the
firm name by which it conducts business in the City, and
shall at all times during the hours between seven a.m. and
five p.m. of each weekday and between seven a.m. and one
p.m. on Saturday, have an employee or agent at said office
to answer inquiries and receive complaints. The telephone
number shall be a toll -free number from all portions of
the City.
B. The Collector shall maintain at the office a
written log of all complaints/inquiries received. Such log
shall contain the date of inquiry/complaint, the callers
name, address and telephone number, the nature of the com-
plaint/inquiry, the action taken or the reason for nonac-
tion and the date such action was taken. All inquiries and
complaints shall be promptly answered or responded to
and/or dealt with to the satisfaction of the City. Such
log of complaints and other records pertaining to solid
waste and recyclable collection and disposal shall be open
to the inspection of the City at all reasonable times and
shall be maintained for a period of one year. Compliance
with the requirements of this section are conditions to
any permit or franchise which is awarded by the City.
(Ord. 244 § 1(part), 1993).
8.08.250 Permits and licenses.
The Collector shall obtain all applicable permits and
licenses required by any Federal or State agency. (Ord.
244 § 1(part), 1993).
8.08.260 Rates.
The City Council may, by resolution, establish rates
to be charged to residential owners and institutional own-
ers by the franchised Collector for the collection of
solid waste and recyclable materials. Every institutional
owner and residential owner shall pay the rates estab-
lished from time to time by the City Council for collec-
tion services rendered pursuant to this Chapter in the
manner set forth in Section 8.08.270. (Ord. 244 § 1(part),
1993).
8.08.270 Collection of charges.
The City may in its discretion and in connection with
a franchise entered into pursuant to this chapter collect
fees for solid waste/recycling collection services by
causing fees to be placed on the Los Angeles County Tax
rolls through procedures established by the Los Angeles
County Tax Collector. In such event, no charge shall be
made directly to a residential householder or owner or an
institutional owner by the franchised Collector unless ex-
pressly authorized by the City Council. (Ord. 244
§ 1(part) , 1993) .
8.08.280 Required monthly reports.
A. The Collector shall provide the City separate
monthly tonnage reports for each collection route which
include the following:
1. Total amount of solid waste, recyclable materi-
als and green waste removed from the City for the report-
ing month;
2. The name, address and telephone number of each
waste disposal facility used by the Collector during the
reporting period;
3. Copies of waste disposal facility weight tick-
ets/invoices which indicate the net amount of all waste
disposed, transferred and/or recycled during the reporting
month;
4. All information required by the City's recycling
and resource recovery program;
5. In the event that a Collector adds and/or de-
letes collection service customer(s), the Collector must
submit a revised collection service identification list
with the monthly report for the respective reporting pe-
riod.
B. Each report shall be signed by an officer of the
Collector.
C. Each report shall be submitted to the City on
the last day of each month following each reporting month.
Reports must be received by the City Engineer by five p.m.
(Ord. 244 § 1(part) , 1993) .
8.08.290 Annual report.
The Collector shall furnish an annual report to the
City detailing the quantity and nature of all solid waste,
recyclables and green waste removed from the City. Reports
shall be delivered to the City on or before July 31st of
each year, for the immediately preceding period of July
1st through June 30th. This report shall also identify
waste disposal facilities where the Collector has disposed
and/or transferred all solid waste, recyclables, and green
waste removed from the City. This report is to also in-
clude a compilation of the monthly reports required by
Section 8.08.280. The annual report shall include an up-
dated customer service identification list which identi-
fies the name and address of each customer receiving col-
lection and/or recycling service from the Collector. The
annual report shall be presented in a format and contain
such information as is necessary to enable the City to
utilize it to comply with the City's reporting obligations
under the Act. The timely filing of a complete annual re-
port is a condition of any franchise awarded by the City.
(Ord. 244 § 1 (part) , 1993) .
IV
VEHICLES
8.08.300 Vehicle identification.
No solid waste enterprise may operate any vehicle for
the collection of solid waste or recyclables in the City
unless the owner of the vehicle is a franchisee as defined
in Section 8.08.020 (D) . (Ord. 244 § 1(part) , 1993) .
8.08.310 Vehicle'standards.
Any vehicle utilized for the collection, transporta-
tion or disposal of solid waste or recyclables in or from
the City shall comply with the following standards:
A. Each vehicle shall, at all times, be maintained
and/or operated in such a manner to ensure that no solid
waste, oil, grease or other substance will blow, fall out,
escape or leak out of the vehicle. .
B. A broom and shovel shall be carried on each ve-
hicle at all times.
C. Each vehicle shall comply, at all times, with
all applicable statutes, laws or ordinances of any public
agency.
D. Each vehicle must be under five years of age un-
less specifically authorized in writing by the Manager.
E. Routine inspections by the California Highway
Patrol will be required annually and certificates for said
inspection shall be filed with the Manager.
F. All vehicles shall at all times be kept clean
and sanitary, in good repair and well and uniformly
painted to the satisfaction of the Manager.
G. Each vehicle shall be equipped with watertight
bodies fitted with closefitting metal covers.
H. The Collector's name or firm name and its tele-
phone number shall be printed or painted in legible let-
ters not less than five inches in height on both sides of
l�J
all of Collector's vehicles used in the City. For scoot-
ers, this requirement may be modified at the discretion of
the City Manager.
I. High intensity fog lamps are required on any ve-
hicle eighty inches or wider, which shall consist of two
red tail lamps in addition to the standard tail lamps. The
fog lamps shall be used when visibility is less than fifty
feet.
J. All equipment shall be maintained at all times
in a manner to prevent unnecessary noise during its opera-
tion.
K. As the contractor replaces existing equipment,
the type and make of the new equipment shall be subject to
prior approval by the Manager.
L. To protect peace and quiet in residential areas,
the noise level generated by compaction vehicles using
compaction mechanisms during the stationary compaction
process shall not exceed seventy-five decibels at a dis-
tance of twenty-five feet from the'collection vehicle
measured at an elevation of five feet above ground level.
Contractor shall submit to City, annually, a certificate
of vehicle noise level testing of all vehicles by an inde-
pendent testing entity. (Ord. 244 § 1(part), 1993).
8.08.320 Amount and type of equipment.
No person shall be awarded a franchise for the col-
lection, and for transportation of solid waste or recycla-
bles unless the Manager determines that the person 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 given pur-
suant to this Chapter. The Collector shall utilize mini -
trucks, three -wheel scooters or other appropriate small
vehicles to make collections from all residential premises
and so as to operate efficiently on narrow roads and
driveways. (Ord. 244 § 1(part), 1993).
8.08.330 Operation of equipment.
The Collector shall operate all equipment in compli-
ance with all Federal, State and local laws and/or ordi-
nances. Collection vehicles shall not be operated in a
manner which results in undue interference with normal
traffic flows or violation of any traffic laws, and loaded
collection vehicles shall not be parked, or left unat-
tended on the public streets. No collection vehicle shall
be parked on a street or thoroughfare in the City. (Ord.
244 § 1(part), 1993).
8.08.340 Compliance with vehicle standards.
Any vehicle used in the collection or transportation
of solid waste in the City shall, at all times, be main-
tained in accordance with all the standards set forth in
Section 8.08.310 of this chapter. The use of a vehicle
which fails to comply with each of the standards set forth
in Section 8.08.310 is prohibited. A Collector shall imme-
diately remove any vehicle from collection service which
fails, at any time, to conform to any of the standards re-
cited in Section 8.08.310 and shall not use that vehicle
until it is repaired. Should the Manager give notification
at any time to a Collector that any of the Collector's ve-
hicles is not in compliance with the standards of this
chapter, the vehicle shall be immediately removed from
service by the Collector. The vehicle shall not again be
utilized in the City until it has been inspected and ap-
proved by the Manager. The Collector shall maintain its
regular collection schedule regardless of the repair of
any vehicle. (Ord. 244 § 1(part), 1993).
V
COLLECTION/MANDATORY SERVICE
8.08.400 Mandatory service.
A. All solid waste and recyclables collected from
residential or institutional 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, firm, corporation or solid waste en-
terprise, other than those referenced in subsection A of
this section, shall negotiate or contract for, undertake
to receive, collect or transport solid waste from within
the City for a fee, service charge or other consideration
therefor, except asspecifically provided herein.
C. Each residential property owner and householder
and institutional owner in the City shall, at all times
utilize the services of the franchisee and pay the fees
approved by the City Council for the collection of solid
waste and/or recyclables from such premises as shall be
owned by said owner and shall, at all times comply with
City policies and programs with regard to solid waste re-
covery, reduction of solid waste and recycling of solid
waste. No person shall enter into an agreement for solid
waste or recycling handling services with any person, firm
or corporation which is not a franchisee, except as other-
wise provided in this chapter. (Ord. 244 § 1(part), 1993).
8.08.410 Frequency of collection.
A. The Collector shall collect and dispose of all
solid waste placed for collection in compliance with this
chapter from each customer at least twice during each cal-
endar week, or less if provided for in an approved fran-
chise agreement. Not more than four days shall elapse be-
tween one collection and the next unless the regular day.
of collection falls on a holiday. Routes of collection
shall be so arranged that collection from any premises
will be made on the same day of each week. The Collector
shall possess a sufficient number of vehicles including
spares to maintain the collection schedule at all times.
B. When the collection day falls in a holiday, the
Collector shall choose one of the following options:
1. Collect on the holiday;
2. Collect one day prior to or one day after the
holiday, providing regular collection can be maintained on
the regularly scheduled days the remainder of the week.
C. The schedule for collection of solid waste shall
be submitted annually to City for approval by the City
Manager. Not later than November 30th of each year, the
Collector shall submit to City its proposed collection
schedule for the ensuing calendar year. The schedule shall
indicate all regularly scheduled collection days which
fall on a holiday and the collection day which is proposed
to be substituted therefor (if any) so as to ensure that
collection shall take place twice each week. Upon approval
by the City Manager, Contractor shall mail a written no-
tice to all customers of such schedule not later than De-
cember31st of each year. (Ord. 244 § 1(part), 1993).
8.08.420 Hours of collection.
A. No collection within the City shall be made be-
tween the hours of six p.m. and seven a.m. Monday through
Saturday or at any time on Sunday.
B. No delivery or removal of containers by a Col-
lector may be made between the hours of six p.m. and seven
a.m the next day.
C. The Manager may waive the requirements of this
section when necessitated by 'conditions beyond the control
of the Collector. (Ord. 244 § l(part), 1993).
8.08.430 Litter.
If the Collector releases, or permits or causes the
release of any solid waste on public or private property
in the .City at any time, it shall forthwith clean up, con-
tain, collect and remove same. (Ord. 244 § l(part), 1993).
8.08.440 Employees of collector.
All field employees of the Collector shall wear name
tags to enable identification while providing service to
the public. (Ord. 244 § l(part), 1993).
8.08.450 Trespass.
No person authorized to collect or transport solid
waste or recyclables shall enter on private property be-
yond the extent necessary to collect the solid waste or
recyclables, properly placed for collection. (Ord. 244
§ l(part), 1993) .
8.08.460 Noise.
The Collector shall so conduc.t its operations as to
offer the least possible obstruction and inconvenience to
public traffic or disruption to the existing noise levels
of the area within which collections are made. (Ord. 244
§ l(part), 1993) .
8.08.470 Ownership.
At such time as the solid waste or recyclables are
placed for collection at the usual place of collection,
the solid waste or recyclables are the property of the
Collector. (Ord. 244 § l(part), 1993) .
8.08.480 Disposal.
A. It is unlawful.at any time for any person, in-
cluding the Collector, to burn any solid waste or recycla-
bles within the City.
B. It is unlawful at any time for any person, in-
cluding the Collector, to bury or dump any solid waste or
recyclables within the City. (Ord. 244 § 1(part), 1993).
8.08.490 Transfer of loads on streets.
No person shall transfer solid waste or recyclable
materials from one collection vehicle to another on any
public street or road unless such transfer is essential to
the method of operation and is by the City Manager, or is
necessary owing to mechanical failure or accidental damage
to a vehicle. The transfer of solid waste or recyclables
from small collection vehicles such as mini -trucks and
three -wheel scooters to full size packer trucks, if ap-
proved in advance by the City Manager, is not a violation
of this section. (Ord. 244 § 1(part), 1993).
8.08.500 Resource recovery.
The Collector shall, at all times, comply with City
policies and programs regarding solid waste recovery, re-
duction of solid waste and recycling of solid waste, in-
cluding the City's Source Reduction and Recycling Element.
Such policies and programs may be established by resolu-
tion of the City Council. Compliance with such policies
and programs shall be a condition of any franchise issued
pursuant to this chapter. (Ord. 244 § 1(part), 1993).
8.08.510 Collection of recyclable materials.
The Collector shall offer recyclable materials col-
lection services as follows:
A. A "backyard" program consistent with the program
outline established by resolution of the City Council.
B. Operation of a drop-off center at City Hall
where residents may drop off recyclable items, such as pa-
per, telephone books, glass and aluminum. No hazardous
wastes shall be accepted. Operation of the center shall be
in a manner consistent with all applicable laws. Signs in-
dicating acceptable and unacceptable recyclables shall be
prominently posted. Bins or containers shall be conspicu-
ously labelled. The hours of operation shall be twenty-
four hours a day. Collector will provide regular mainte-
nance and collection of reusable materials from the cen-
ter, as directed by the City Manager.
C. The Collector shall develop and implement a pub-
lic information and education program for the recyclable
materials collection services described in this section,
approved by the City Manager. The Collector will establish
and maintain a system for establishing diversion credits
for the City of Rolling Hills in a manner consistent with
the Act. (Ord. 244 § 1(part), 1993).
8.08.520 Collection of green waste.
The Collector shall offer green waste services to its.
customers as follows:
A. The Collector shall provide each residential
customer a container for green waste. The container shall
have a minimum capacity of ninety gallons with a five year
life expectancy warranted by the manufacturer. The Collec-
tor's company name and phone number should be permanently
affixed to each container. All green waste shall be deliv-
ered to a legitimate composting or alternative fuel facil-
ity or used as cover material at a landfill, so that City
receives credit for diverting the green waste from dis-
posal at a landfill.
B. The Collector shall provide to all customers who
request one, at the cost paid by the Collector, a compost-
ing bin of a type approved by the City Manager. Each com-
posting bin so provided shall include full instructions.
The Collector shall provide training, twice per year, on
backyard composting. The training sessions shall be open
to all residents of the City.
C. The Collector shall develop and implement a pub-
lic information and education program for the green waste
services described in this section, approved by the City
Manager. (Ord. 244 § 1 (part) 1993) .
VI
CONTAINERS
8.08.600 Care of containers.
No person shall throw containers or recycling con-
tainers from any vehicle to the ground, or in any other
way break or damage or roughly handle such containers.
(Ord. 244 § 1(part), 1993).
8.08.610 Unauthorized use of containers.
No person other than the Collector who provides col-
lection services at the premises, or the owner or employee
of the owner of the container, or the person upon whose
re,
premises such container is located, or a City employee,
shall remove any material from a solid waste or recyclable
container. (Ord. 244 § 1(part), 1993).
8.08.620 Tampering with containers.
No person other than the owner or occupant of the
premises where a container is located, or the Collector
who provides collection services at the premises where the
container is located, or a City employee shall tamper
with, or remove any container or other equipment used for
the storage of solid waste or recyclables. (Ord. 244
§ 1(part) , 1993) .
8.08.630 Containers for garbage and rendering waste.
Any container to be placed for collection containing
garbage or rendering waste shall have a tightly fitting
cover. Said cover shall be used at all times. (Ord. 244
§ 1 (part) , 1993) .
8.08.640 Unauthorized setting out of containers.
No person occupying, using or in charge of any prem-
ises shall set out or cause to be set out for collection
any solid waste or recyclables not originating on the
premises. (Ord. 244 § 1 (part) , 1993) .
8.08.650 Containers at residential premises.
A. Every person owning, occupying or in possession
of any residential premises in the City shall provide suf-
ficient containers as to accommodate the amount of solid
waste generated by the premises. The containers shall be
constructed of metal, hard rubber or plastic, shall be
constructed so as not to permit the contents thereof to
sift or pass through any opening therein other than the
top, shall be maintained in a clean and sanitary condition
by the householder and shall not contain any rough or jag-
ged surfaces. The containers shall have a capacity of not
more than forty-five gallons and shall weigh not more than
seventy pounds when placed for collection. Heavy-duty
plastic bags especially manufactured for solid waste col-
lection and trash compactor sacks may also be used pro-
vided they are securely tied, not perforated or split, and
the bag and its contents do not weigh more than seventy
pounds. Dog and cat manure is to be wrapped securely in
paper or placed in a covered box.
B. Any solid waste not susceptible to placement in
a container may be placed for collection at the same place
and time as the container if it is securely tied in bun-
dles not heavier than seventy pounds, not more than four
feet in length, nor more than eighteen inches in diameter.
Wooden boxes, crates, pallets, or cardboard boxes are to
be broken down and stacked neatly at the depositor's re-
fuse collection point.
C. No cardboard box, paper bag or oil drum may be
used as a container for solid waste.
D. No more than five containers shall be set out by
the residential householder. (Ord. 244 § l(part), 1993).
8.08.660 Accumulation of solid waste prohibited.
It is unlawful for any person owning, managing or
having the'control of any premises or vacant lot or any
person occupying a dwelling within the City to permit an
accumulation of solid waste and/or recyclables to become
or remain offensive, unsightly or unsafe to the public
health or safety or hazardous from fire, or to deposit,
keep or accumulate, or permit or cause any solid waste
and/or recyclables to be deposited, kept or accumulated,
upon any property, lot or parcel of land, or any public or
private place, street, lane, alley or driveway, except as
provided in this chapter. No person occupying, owning or
in control of any premises shall permit solid waste and/or
recyclables to accumulate, or to blow about in a manner
which creates an unsightly appearance, or a health hazard.
It is unlawful for any person to dispose of their solid
waste into containers at locations other than those that
may be located upon property which they own, lease, rent
or at their own place of business. (Ord. 244 § 1(part),
1993) .
8.08.670 Placement of containers at residential
premises.
A. In the case of residential premises, each con-
tainer or bundle shall be kept in the rear -yard of the
premises reasonably concealed from view by neighbors. Such
areas shall be readily accessible to the Collector by a
pathway of at least four feet in width and shall have an
overhead clearance of at least eight feet. Access to the
containers shall not be impaired by the presence of any
vehicles or other obstructions.
B. The Collector shall collect from the rear yard
and shall return all containers in an upright position to
the approximate location where found by the Collector and
without any unnecessary noise or wear and tear or damage
to said receptacles. The Collector shall reimburse the
customer for any damage caused to receptacles by the un-
necessary wear and tear of the Collector. In the event the
Collector declines to collect any solid waste, the Collec-
tor shall leave a tag on the container on which is indi-
cated the reason for refusal to collect. The tag shall in-
clude the Collector's name and telephone number. A record
shall be kept by the Collector of all locations where such
tags have been left, with the reasons noted. Such record
shall be made available for inspection by city upon rea-
sonable notice. (Ord. 244 § 1(part), 1993).
8.08.680 Container storage areas.
The owner or occupant of institutional or residential
premises where a container is placed shall provide a
clean, safe and sanitary for the storage thereof. (Ord-.
244 § 1 (part) , 1993) .
VII
EXCLUSIONS
8.08.700 Residential householder exclusion.
No provision of this chapter shall prevent residen-
tial householders from collecting and disposing of occa-
sional loads of solid waste.generated in or on their resi-
dential premises, or from composting green waste, or from
selling or disposing of recyclables generated in or on
their residential premises; provided, however, that no
residential householder shall employ or engage any solid
waste enterprise, other than the franchised residential
Collector, to haul or transport such materials to a trans-
fer station or landfill. (Ord. 244 § 1(part), 1993).
8.08.710 Dwellings under construction.
Residential dwellings under construction and newly
constructed residential dwellings, prior to occupancy,
need not be served and for such period shall not be sub-
ject to the payment of the. fees herein specified.
A. Residential dwellings undergoing major altera-
tions or repairs, but occupied, shall receive regular
service for collectible rubbish other than the construc-
tion debris and waste materials.
B. Residential dwellings which remain unoccupied
for four full weeks or longer, or a calendar month, shall
not be liable for the payment of the collection fees for
such periods, provided the following conditions are com-
plied with:
1. The occupant of the residential dwelling shall
notify the City and the Collector, at their respective of-
fices, of the vacancy. The notice shall be in writing and
the effective date shall be one week after the date of the
notification. Receipt of the notice shall be acknowledged
and a reference number assigned to avoid misunderstanding;
2. The occupant shall notify the offices of the
City and the Collector the duration of the vacancy, if
known, at the time of the discontinuance of the collection
service; otherwise occupant shall notify promptly by mail
or phone the date of occupancy or resumption of occupancy;
and
3. The premises described in the notice shall not
be occupied during the period of the vacancy, and no re-
fuse of any type shall be produced during the period or
collected from the residential unit. (Ord. 244 § 1(part),
1993) .
8.08.720 Gardener's exclusion.
No provisions of this chapter shall prevent a gar-
dener, tree trimmer or person engaged in a similar trade
from collecting and disposing of grass cuttings, prunings
and similar material not containing other solid waste when
incidental to providing such gardening, tree trimming or
similar services. (Ord. 244 § 1(part), 1993).
8.08.730 Manure hauler exclusion.
No provisions of this chapter shall prevent a manure
hauler from collecting and disposing of manure from resi-
dential premises, so long as such manure is not disposed
of in a landfill. (Ord. 244 § 1(part), 1993).
Marilyn Kern
Mon, Dec 29, 2008 ,7:27 "AM
Subject: FW: From David Davis - New address for MSW Consultants
Date: Monday, December 29, 2008 7:1,7 AM
From: Anton Dahlerbruch <adahlerbruch@cityofrh.net>
To: Marilyn Kern <mkern@cityofrh.net>
Conversation: From David Davis - New address for MSW Consultants
•
For our files
Anton Dahlerbruch
City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
310.377.1521
www.rolling-hills.org
This is a transmission from the City of Rolling Hills. The information contained in this email pertains to
City business and is intended solely for the use of the individual or entity to whom it is addressed. If the
reader of this message is not an intended recipient, or the employee or agent responsible for delivering
the message to the intended recipient and you have received this message in error, please advise the
sender by reply email and delete the message.
Forwarded Message
From: Dave Davis <dave@msw-consultants.com>
Date: Fri, 26 Dec 2008 21:37:46 -0800
To: <adahlerbruch@cityofrh.net>
Subject: From David Davis - New address for MSW Consultants
Date: December 26, 2008
To: Anton Dahlerbruch
City of Rolling Hills
From: David Davis
MSW Consultants
Subject: New Address for MSW Consultants
Page 1 of 2
Hello Anton. I hope you have enjoyed the holiday season.
Here is a quick note just to let you know that MSW Consultants has a new
address. We have re -located to a new suite in the same office building.
Therefore, all of our contact information is the same except for our new
suite number, which is #259.
Here is our updated contact information:
MSW Consultants
27393 Ynez Road, Suite 259
Temecula, California 92591
Phone: 951.694.4001
Fax: 951.694.9001
Mobile: 951.704.9776
E-mail: dave@msw-consultants.com
Website: www.msw-consultants.com <http://www.msw-
consultants.com/>
If you would please update your records, we would be grateful.
Best Wishes for the .New Year,
David Davis, CMA
MSW Consultants
Solid Waste Consultants to Local Government
End of Forwarded Message
Page 2 of 2
8.08.580: Construction or demolition waste.
A. Minimum construction or demolition waste diversion requirements
Every covered project shall divert at least fifty percent (50%), measured by weight, of all
construction or demolition waste generated by the covered project.
B. Exempt projects.
The diversion and reporting requirements of this Section shall not apply to the following
projects:
1. Any construction, remodeling or demolition project that does not require a
building permit and does not generate recyclable materials and construction and
demolition waste.
2. 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.
Notwithstanding the exemptions set forth in this paragraph, permitees working on exempt
projects are encouraged to divert as much construction or demolition waste as practicable
and encouraged to use permitted haulers for removal of waste from the project.
C. Construction/demolition hauling permit.
1. Permit required. No person or solid waste enterprise shall remove construction
and demolition waste from a covered project within the City without first obtaining a
construction/demolition hauling permit. The City Manager shall maintain a list of all
permitted construction/demolition haulers and residents shall only use a permitted
construction/demolition hauler for removal of construction/demolition waste from any
covered project within the City.
2. Application for construction/demolition hauling permit. An application for a
permit shall be filed with the City Manager and be accompanied by an application fee in
an amount set by City Council resolution to reimburse the City for all expenses incurred
by it in connection with granting the permit. The application shall include, at a
minimum, the following information:
(a) Name, address, telephone number of the applicant and any other
principals in the hauler's business.
(b) The type and amount of materials and waste material that the hauler is
capable of transporting. .
(c) The number of vehicles that the enterprise utilizes.
(d) 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.
(e) Such other pertinent facts or information as the City Manager may
require including but not limited to evidence of state certification, evidence of previous
experience, and demonstration of reliable and safe equipment.
3. In order to be legally qualified to obtain a construction/demolition hauler permit:
A. The applicant shall be willing and able to comply with the provisions of this
Code, applicable law, and all requirements of the permit.
B. The applicant shall have demonstrated ability to remove and transport the
required construction/demolition waste to the appropriate waste disposal facilities
C. The applicant shall not grant have filed materially misleading information in its
application or intentionally withheld information that the applicant lawfully is
required to provide.
4. Issuance of permits.. The City Manager may issue a non-exclusive
construction/demolition hauler permit subject to such conditions as are necessary to
protect the public health, safety and welfare and to assure that the permit is exercised for
its circumscribed purposes. A permit shall not be transferred to another person or solid
waste enterprise. Permits shall remain in effect for one year and must be renewed
annually.
5. A permitted construction/demolition hauler shall be subject to the following
provisions of Chapter 8.08: Sections 8.08.150 Collector's liability insurance, 8.08.160
Worker's compensation insurance, 8.08.170 Indemnification, 8.08.190 Office for
inquiries and cots, 8.08.200 Permits and licenses, 8.08.250 Vehicle identification,
8.08.260Di Inspection A IMI irit 118.08.270 Operation of equipment, 8.08.310 Hours
of collection, 8.08.320 Litter, 8.08.340 Trespass, 8.08.350 Noise, 8.08.360 Ownership,
8.08.370 Disposal, 8.08.380 Resource recovery, and all other applicable provisions of the
Municipal Code.
6. Failure by a permitted hauler to comply with the diversion and/or reporting
requirements of this Section will result in automatic revocation of the
construction/demolition hauler permit. A hauler whose permit has been revoked shall not
be eligible to reapply for a new permit for a period of three -years from the date of
revocation.
D. Condition precedent to issuance of building or demolition permit.
As a part of any application for, and prior to the issuance of, any building or demolition
permit for a covered project, every permittee shall identify the permitted hauler that has
been designated to remove all construction/demolition waste associated with the project.
The application shall also be accompanied by a construction/demolition waste fee, set by
resolution of the City Council to reimburse the City for all expenses incurred by it in
connection with monitoring compliance with this Section.
E. Records.
During the term of any covered project, the permitted hauler shall keep records of the
amount of wasted si posed and, diverted in tonnage or in other measurements approved by
the City Manager that can be converted to tonnage.
F. Reporting
Within thirty (30) calendar days following the completion of any covered project, the
hauler 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 Manager establishing compliance with the requirements of this Section. 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 Manager, 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 Manager to verify the amount of construction or demolition waste
generated from the site that has been diverted.
If a project involves issuance of both a demolition and building permit, the report and
documentation for the demolition permit shall be submitted to and approved by the
Manager before issuance of a building permit.
Fri, Nov 7, 2008 12:21 PM
Subject, Re: Rolling Hills doc
Date: Monday, November 3, 2008 7:32 AM
From: Anton Dahlerbruch <adahlerbruch@cityofrh.net>
To: Dawn Harris <Dawn.Harris@awin.com>
Cc: Mark Foley <Mark.Foley@awin.com>, "Lauren B. Feldman"
<Ifeldman@localgovlaw.com>, Marilyn Kern <mkern@cityofrh.net>
Conversation: Rolling Hills doc
Dawn, thank you for the draft amendment. As we discussed, I forwarded it to the City Attorney's office on
Friday for their review concurrent with mine.
Over the weekend, I reviewed the draft. There are a couple of items I'd like to address further and by copy of
this email, I am sharing them also with the Assistant City Attorney working with us on this matter. My
questions and comments are as follows:
1. Section 5 concerning compliance with State required diversion goals: I'm wondering if that should be
broader and more specific. Specifically, Allied should be responsible for achieving a minimum of 50%
diversion in compliance with State law for all the materials it collects and there would be a penalty for not
doing so. Furthermore, Allied Waste will be responsible for completing the City's annual report (inclusive of
non -franchise hauler refuse data) and representing the City with regard to the report.
2. Section 13. Instead of saying "promotional efforts," I think we should be refering.to "public information
and education program."
3. For the addition to the Force Majeure section, it would be helpful to have an established rate so we don't
need to negotiate on the spot in an emergency situation where/when the stakes are higher for everyone.
4. With regard to Roll -Off services, it is not our intent at this time to have Allied as the exclusive provider.
5. The proposed amendment does not address:
- methodology for future rate increases (as such, you are proposing to leave it as is)
- size of recycling container (we discussed the need for larger containers)
- a provision that requires that your vehicles have a cover so debris does not all off when transporting refuse
(possibly the ordinance will address this)
- manure collection (bringing.this into the Franchise)
- customer service standards (response to calls and to the City)
6: In that we are considering extending the existing agreement which is many years old, is there value to re-
writing it rather than amending it in order to include such things as holidays and other provisions that
historically have been in the Muni Code but not necessary in the agreement?
Thanks. I look forward to hearing back from you in regard to these things and concurrently, I will speak with
the City Attorney's office.
Tony
Page 1 of 2
On 10/31/08 1:45 PM, "Dawn Harris" <Dawn.Harris@awin.com> wrote:
> Good afternoon Tony,
> For your review, attached is a draft amendment containing issues brought up
> during our meeting from September 29, 2008.
> Please contact me with any questions.
> Best regards,
> Dawn
> Dawn M. Harris
> Allied Waste Services
> 14905 s. San Pedro St
> Gardena Ca 90248
> Phone: 310 436 3250
> Fax: 310 323 6063
> Dawn.Harris@awin.com
Anton Dahlerbruch
City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
310.377.1521
www.rolling-hills.org
This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City
business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of
this message is not an intended recipient, or the employee or agent responsible for delivering the message to ,
the intended recipient and you have received this message in error, please advise the sender by reply email and
delete the message. • .
Page 2 of 2
Time Frame
Action
Participants
Begin now.
Complete by early
2008
Review and update solid waste ordinance
Staff
Begin now.
Complete by mid-
2008
Review existing franchise agreement and
identify provisions that should be revised,
updated and/or added. Compile a list to be
used for renewal negotiations or Request for
Proposals.
Staff
Mid- to late -2008
Determine whether to go out to bid or
renew the existing contract through
negotiations
City Council
Late -2008
Decide whether or not to retain a consultant
to assist with negotiations or bidding (Note;
a consultant is strongly recommended if the
contract goes out to bid.)
City Council
Mid -2009
Issue RFP (if this is the direction chosen)
Staff
Late -2009 to
early -2010
Award contract
City Council
Mid -2010
Begin new contract
Staff
Throughout this process, staff will consult with Council Member Heinsheimer, the City
Council's Solid Waste / Recycling liaison.
In addition to the above process, it is relevant to note that beginning with the 2008/09
fiscal year budget, it is anticipated that the City will be holding mandated public
hearings (per Proposition 218) if or when the solid waste rates are increased by the
franchisee and passed -through to residents.
AD/
Refuse schedule.doc
Page 2 of 2
50TH ANNIVERSARY
1957 - 2007
Citv olleoffin9
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS. CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
Agenda Item No.: 3-F
Mtg. Date: 09-10-07
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ANTON DAHLERBRUCH, CITY MANAGER
SUBJECT: REFUSE CONTRACT RENEWAL SCHEDULE
DATE: SEPTEMBER 10, 2007
RECOMMENDATION
This report is for information to advise the City Council of the schedule to be followed
to address the City's solid waste franchise agreement that expires in 2010.
BACKGROUND
In July 2010, the City contract with Allied Waste (formerly BFI) will expire. At that
time, the City will have concluded a 15 -year agreement with the franchisee. With the
City being small and its' solid waste collection service (2x/week, backyard service)
being unique, the City may be interested in renewing the existing agreement through
negotiations. On the other hand, the City may be interested in bidding the service in
order to know its' rates are competitive. While we may be 21� years away from a new
contract, now is the time to begin the process. A decision to renew or bid should be
made in mid- to late -2008.
DISCUSSION
While it is timely for the City to begin evaluating options for its next solid waste
collection contract, Allied Waste has advised City staff of an interest in automating its
collection services (while maintaining backyard service). Moreover, with recent
challenges complying with State -mandated refuse diversion rates (recycling), it is
appropriate for the City to critically evaluate solid waste collection procedures and
requirements.
The following timeline is anticipated for handling the next solid waste collection
contract:
Page 1 of 2
® Primed on Recycled Paper
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING CHAPTER 8.08 OF THE ROLLING HILLS
• MUNICIPAL CODE
The City Council of the City of Rolling Hills does ordain as follows:
Section 1. Section 8.08.270 of Title 8, Chapter 8.08 of the Rolling Hills Municipal code
is amended to read as follows:
8.08.270 Collection of Charges. The City may, in its discretion
and in connection with a franchise entered into pursuant to this chapter,
collect fees for solid waste/recycling collection services rendered to a'
residential householder or owner or an institutional owner by causing fees
to be placed on the Los Angeles County Tax rolls through procedures
established by the Los Angeles County Tax Collector. In such event, no
charge shall be made directly to a residential householder or owner or an
institutional owner by the franchised Collector unless expressly authorized
by the City Council.
Section 2. Section 8.08.400(C) of Title 8, Chapter 8.08 of the Rolling Hills Municipal
Code is amended to read as follows:
C. Each residential property owner and householder and
institutional owner in the City shall utilize the services of the franchisee
and pay the fees approved by the City Council for the collection of solid
waste and/or recyclables from such premises as shall be owned by said
owner and shall, at all times, comply with City policies and programs with
regard to solid waste recovery, reduction of solid waste and recycling of
solid waste. No person shall enter into an agreement for solid waste or
recycling handling services with any person, firm or corporation that is not
a franchisee, except as otherwise provided in this chapter. In lieu of
utilizing the services of the franchisee, residential property owners and
householders and institutional owners may choose instead to self -haul
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.
Section.3. Title 8, Chapter 8.08 of the Rolling Hills Municipal Code is amended by
adding thereto new Sections 8.08.740 and 8.08.750 to read as follows:
8.08.740 Self -haulers. Self -haulers must deposit solid waste and
green waste only at lawfully permitted solid waste facilities or a
1
compostable materials handling facility or a green material composting
facility (as defined in 14 CCR/ 17852, as amended) or other site
permitted (or exempt from permitting) by the California Integrated Waste
Management Board. Each self -hauler must report to the City, at a
frequency and in a manner determined by the Manager, the type, quantity,
volume, weight and destination of solid waste, including green waste and
recyclable solid wastes, 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 -haul permit. Self -haulers must haul waste from the
property at a frequency comparable to the service provided by the
franchisee. Failure to do so is a basis for revocation of a self -haul
permit.
8.08.750 Self -haul Permits. Before collecting or transporting
solid waste, including recyclable solid wastes' or green waste, each self-'
hauler must obtain a self -haul permit from the city. The Manager is
authorized to promulgate administrative policies and procedures for
issuing such permits.
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 Rolling Hill s book of original
ordinances, make a note of the passage and adoption in the records of this meeting, and,
within 15 business 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 day following its
passage and adoption.
PASSED, APPROVED AND ADOPTED this day of December, 2004.
MAYOR
ATTEST:
City Clerk
2
L %e -um
wiatte,. ap `—
„-c-a9 D7a& 4
a aja4
THIRD AMENDMENT TO
THE CITY OF ROLLING HILLS CALIFORNIA
CONTRACT
THIS AMENDMENT TO THE CONTRACT (the "Amendment") is entered into as of
the day of October, 2008 ("Effective Date") by and between the City of Rolling Hills,
California ("City") and Browning Ferris Industries of California, Inc.., cW/a Allied Waste
Services of North America, LLC., ("Contractor") (collectively referred to herein as the
"Parties").
WITNESSETH
WHEREAS. the City and Contractor are parties to that certain Agreement dated June 1.
1995 regarding waste collection, transport and disposal services, as amended (the "Contract");
WHEREAS, the Agreement was amended by the First Amendment dated March 2000:
WHEREAS, the Agreement was further amended by the Second Amendment dated May
9th. 2005; and
WHEREAS, the Parties agree to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
Parties. they do agree as follows:
1. Except as specifically provided in this Amendment, each and every provision of
the Contract, as amended through the date hereof. remains, and is, in all respects.
in full force and effect.
In accordance With the provisions of Paragraph 13 of the Agreement and
provision 2 of the Second Amendment, the parties agree to the attached Exhibit
A.
3. Page 2, last Whereas clause. the following should be added:
"Contractor will maintain an active role and be responsible to ensure that drivers
do not mix Residential Solid Waste iu with Recyclable Materials collected from
Rolling Hills residential customers."
4. Page 5. second Paragraph is amendment to add the following after the last
sentence of the Agreement:
The City of Rolling Hills_ Third Amendment
Page 1 of 4
City Contractor
"In addition the Contractor shall appoint a readily accessible liaison to monitor
hauler activity, and to work with the California Integrated Waste Management
Board."
The City of Rolling Hills. Third Amendment
Page.2 of 4
City Contractor
5. Page 8, Paragraph 7. F is added as follows:
"Contractor agrees to cooperate with City, working together to achieve and
maintain compliance with State required diversion goals."
6. Page 13. Paragraph 11, Promotional Efforts, shall be amended to include the
following as the last sentence:
"Inn addition. Contractor shall provide a community outreach program to educate
residents about recycling opportunities, best practices and environmental
concerns. Outreach may include newsletter articles. on -site recycle demonstration,
email blasts or phone calls. City may request outreach services up to four (4)
times per year."
7. Page 26. Paragraph 35, Force Majeure is amended as follows:
"As a result of a Force Majeure event, Contractor shall make reasonable efforts to
perfomn emergency services by providing temporary containers and trash removal
services within 24 hours of the request. In the event that emergency services are
performed the price shall be adjusted accordingly."
8. In the event of a conflict in terms between the Contract, any prior Amendment and
this Amendment, the terms of this Third Amendment prevail.
9. This Third Amendment may be executed in counterparts, each of which shall be
deemed an original and all of which together shall constitute but one and the same
instrument.
10. Allied Waste to be th
7
provider of all roll -off services to include
construction and demolition wastes, municipal solid waste, green waste and all
inert materials.
[SIGNATURES ON NEXT PAGE]
The City of Rolling Hills, Third Amendment
Page 3 of 4
lea i10 ac:
4CL1tC—
• Aly, Ceivkaief-6ecycti./)
• GcirAet `IS-ifrs/ /4l
fe n Vi RON l ' Mtn a ;/)
• ic Seyvege-ea . ( A -69.s7
• ne ct°e> Cc9((e'1' r ),L
GVA IrnR,- 52vi-
City
Contractor
IN WITNESS WHEREOF, the parties have executed this Amendment Agreement
effective the day and year set forth above.
The City of Rolling Hills, California
BY
Name:
Title:
Allied Waste Services of North America, LLC
BY
Name:
Title:
The City of Rolling Hills. Third Amendment
Page 4 of 4
City Contractor
Marilyn Kern
Mon, Dec 22, 2008 2:23 PM
Subject: Solid Waste Ordinance
Date: Monday, December 22, 2008 2:05 PM
From: Anton Dahlerbruch <adahlerbruch@cityofrh.net>
To: Allen Lay <allenlay@cox.net>, Tom Heinsheimer <theinsheimer@col-heins.com>
Cc: Yolanta Schwartz <ys@cityofrh.net>, Marilyn Kern <mkern@cityofrh.net>
Conversation: Solid Waste Ordinance
Tom, Allen,
The City Attorney's office has updated the draft Solid Waste Ordinance per
our meeting earlier this month. For your information, it is attached and,
we'll provide you with a hard -copy in your weekly packet tomorrow. I
believe it meets all our discussion points including adding a third bulky
item pick-up. We had discussed expanding the pick-ups so they were in the
spring and in the fall while keeping two consecutive Saturdays in the
spring. The proposed ordinance also streamlines the construction and
demolition reporting by requiring all haulers obtain a permit from the City.
The draft ordinance will be sent to Allied Waste and the three consultants
we've asked to provide a proposal for working with us to renegotiate a
franchise with Allied Waste. We will ask they all review it and provide
input.
We had intended to bring this forward for City Council approval on January
12 which means we would have need to contact the newspaper tomorrow for
advertising the public hearing. With no need to rush this, we are going to
delay the hearing until Feb 9 by which time we'll have all the necessary
feedback.
Also attached, for your reference, are the notes from the last Solid Waste
Subcommittee mtg. The notes will be shared with the City Council on the
consent agenda on 1/12/09. We'II include these in your weekly packet too so
you don't need to print them.
Finally, you'll see on the agenda for 1/12 that we have a Resolution on the
consent calendar pertaining to solid waste rates. As Solid Waste
Subcommittee members, I want to give you a heads -up on why.
That is, when the Council held its rate increase hearing earlier this year,
it was agreed that if future increases were equal to the CPI, no future
hearing would be needed. However, the Resolution that was approved didn't
say that. So, we want to fix the Resolution so it reflects the City
Council's action.
Page 1 of 2
Thanks, Tony
Anton Dahlerbruch
City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
310.377.1521
www.rolling-hills.org
This is a transmission from the City of Rolling Hills. The information
contained in this email pertains to City business and is intended solely for
the use of the individual or entity to whom it is addressed. If the reader
of this message is not an intended recipient, or the employee or agent
responsible for delivering the message to the intended recipient and you
have received this message in error, please advise the sender by reply email
and delete the message.
Page 2 of 2
Sections:
8.08.010 Purpose.
Sections:
8.08.020 Definitions.
Sections:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING
HILLS MUNICIPAL CODE RELATING TO THE COLLECTION
OF SOLID WASTE AND RECYCLABLES
The City Council of the City of Rolling Hills does ordain as follows:
Section 1. Title 8, Chapter 8.08 of the Rolling Hills Municipal Code is a e de in its
entirety to read as follows:
Chapter 8.08
SOLID WASTE AND RECYCLABLE MATE *OLLECTION*
4911V
DEFINITIONS
II
FRANCHISES
8.08.030 rauc_i -' requirement.
8.08.040 ranc Ise.
8.08.090 Fri chise terms.
8. . 60 ransfer of franchise.
. 408.0 , Franchise fee.
8.08.080 Interim suspension.
08.090 Appeals.
8.08.100 Council action.
8.08.110 Revocation or modification of franchise..
8.08.120 Notice of hearing on Franchise.
8.08.130 City council decision.
8.08.140 Cessation of operations.
Ordinance No. ---- -1-
V
COLLECTION/MANDATORY SERVICE
Mandatory service
Frequenc a col. �c
Hours a col
Litte
Employ s of
III
GENERAL REQUIREMENTS
Sections:
8.08.150 Collector's liability insurance.
8.08.160 Worker's compensation insurance.
8.08.170 Indemnification.
8.08.180 Bonds.
8.08.190 Responsibility for damages.
8.08.200 Office for.inquiries and complaints.
8.08.210 Permits and licenses.
8.08.220 Fees and charges.
8.08.230 Collection rates.
8.08.240 Collection of charges.
8.08.250 Required monthly reports.
8.08.260 City inspection authority.
IV
VEHICLES
Sections:
8.08.270" Vehicle identification.
8.08.280 Amount and type of equipment.
8.08.290 Operation of equipment.
8.08.300 Compliance with vehicle stan
Sections:
action.
collector.
8.08.310
8.08.320 tion.
8.08.330 .
8.08.340
8.08.350
8.08.360 resp. ss.
8.08.3 "0 Nqj e.
8.0 wnership.
4808.3' 1 Disposal.
8.08. 00 Resource recovery.
. 8.410 Collection of recyclable materials.
8.08.420 Collection of green waste.
8.08.430 Backyard residential compositing
8.08.440 Prohibited waste.
VI
CONTAINERS
Sections:
8.08.450 Care of containers.
8.08.460 Unauthorized removal from containers.
Ordinance No. ---- -2-
8.08.470 Tampering with containers.
8.08.480 Covering containers for solid waste.
8.08.490 Unauthorized setting out of containers.
8.08.500 Containers at residential premises.
8.08.510 Accumulation of solid waste prohibited.
8.08.520 Placement of containers at residential premises.
8.08.530 Container storage areas.
VII
EXCLUSIONS
Sections:
8.08.540 Residential waste and recyclable exclusion.
8.08.550 Dwellings under construction.
8.08.560 Gardner's exclusion.
8.08.570 Commercial recycler exclusion for source -separate eeyclables
8.08.580 Construction or demolition waste.
8.08.010 Purpose.
This Chapter is adopted in accordance with id'e X 1, 7 of the California Constitution
and Public Resources Code ' § 40059 et seq., in o s e to protect the public health, safety,
and well-being, control the spread of vectors, and o limit sources of air pollution, noise
and traffic from waste hauler vehicles within the City.
DAINITIONS
phrases, for the purposes of this Chapter, are defined as
8.08.020 Definition
The following w
follows:
"AB 939" or "A t Bans the California Integrated Waste Management Act of 1989,
Public Reso es Code Sections 40000, et seq., as they now exist or may subsequently be
amended.
Buiyi g Official. "Building Official" has the same meaning as the word is used in
Se'' ttbn .04.040 of this Code.
"Bulky items" means and includes, without limitation, large and small household
appliances, furniture, carpets, mattresses, tires and oversized yard waste such as tree
trunks and large branches not larger than two feet (2') in diameter and four feet (4') in
length.
"City" means the City of Rolling Hills.
Ordinance No. ---- -3-
"Collection" means the operation of gathering together and/or transporting by means of a
motor vehicle any classification of solid waste or recyclables within the City.
"Collector" means any person who has been issued a franchise to provide solid waste
and/or recyclable materials collection services in the City.
"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 permit issued under Section 8.00 40.E.
"Construction/Demolition Waste" means any debris resulting from the cons
modification or demolition of any structure, roadway or property, includi thvithut
limitation, any material generally considered to be not water soluble ancl'no -hazardous
in nature, such as steel, glass, brick, concrete, asphalt material, pipe, gyp ", wallboard,
lumber, rocks, soils, tree remains, trees, and other vegetative matter ge ated by and
discarded in conjunction with a covered project.
Construction, Remodeling or Demolition Project. "Cons
Demolition Project" means any alteration to a buildin
requires a building or demolition permit in accord
"Container" means any bin, solid waste containee
the temporary accumulation, collection and removal of solid waste, recyclables,
construction/demolition waste and green waste.
Remodeling or
ucture or landscaping that
the Municipal Code.
ssel, can or other receptacle used for
"Covered Project" means any co ctro , remodeling or demolition project that is not
exempt pursuant to Section 8.0 ` .5 .1
"Customer" means perso , ' au ing both owners and occupiers of residential property
in the City who obtain collec on services from a Collector pursuant to this Chapter.
"Designated colle C ation" means the place where the customer shall place, and
from where Colle4or is to collect, solid waste and recyclables in containers designated
for that pugse.
"Dis t" means the complete operation of treating and/or disposing of solid waste after
th 1 eetion thereof.
"Divert, Diverted and Diversion" shall have the same meaning as the words are defined
in Public Resources Code §, 40124, as amended.
Electronic hazardous waste means electronic products that contain hazardous substances
as identified by the California Department of Toxic Substances Control, such as lead or
mercury and include without limitation cathode ray tube (CRT) devices (including
televisions and computer monitors); LCD desktop monitors; laptop computers with LCD
displays; LCD televisions; plasma televisions, and portable DVD players with LCD
Ordinance No. --- -4-
screens. Electronic hazardous waste shall not be considered solid waste for purposes of
this Chapter. Electronic waste means any electronic product with a circuit board or
battery, including without limitation personal computers, monitors, televisions,
keyboards, printers, telephones (including cell phones), fax machines, calculators,
copiers, video game systems and audio equipment. Electronic waste shallnot be
considered solid waste for purposes of this Chapter.
"Franchise agreement" or "Agreement" means the Solid Waste Collection Agreeme t
entered into between a solid waste enterprise and the City, approved by the Ci Council
that sets forth all of the rights and obligations of the franchise, consistent ji
Chapter and state law.
"Hazardous waste" means any substance or waste materials or mixture Astes defined
as "hazardous," a "hazardous substance" or "hazardous waste" pursuan o California
Public Resources Code Section 40141, the Resource Conserva i' Ad Recovery Act
("RCRA"), 42 U.S.C. Sections 6901, et seq., the Comprehensive L vironmental
Response, Compensation and Liability Act ("CERCLA" , 42 C. Sections 9601, et
seq., the Carpenter -Presley -Tanner Hazardous Substati ccount Act ("HSAA"),
codified at California Health and Safety Code Sectio s 25300 et seq.; and all future
amendments to any of them, or as defined by t nvir nmental Protection Agency, the
California legislature, the California Integrate s e anagement Board, the
Department of Toxic Substances Control or other gency 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 hazardo s or so 'd waste, the term "Hazardous Substance" or
"Hazardous Waste" shall be construe to have the broader, more encompassing
definition.
"Holiday" means:
New Year
Memoria
Inde
La
Day
ndenc.
a.
hanksg'ving Day
•
hristmas Day
"Holi ay" also means any other day designated as such in a contract between a Collector
and the labor union serving as the exclusive representative of that Collector's employees,
provided the holiday is established or recognized by resolution of the City Council or in a
franchise agreement between the City and a Collector.
"Manager" or "City Manager" means the City Manager or his/her designee of the City.
Ordinance No. ---- -5-
"Manure" means the waste droppings or matter from any animal normally accumulated
and associated with stables or livestock and not disposed of through sewers or on -site
wastewater systems.
"Notice" means notice sent by first-class certified mail, or facsimile or email delivery if
agreed to by the parties under the franchise agreement.
"Officer" means the president, vice-president, treasurer or other duly designated
representative of a Collector.
"Parcel of real property" means a parcel of real property as shown on the 1 ocYse �d
tax rolls of the County of Los Angeles.
"Person" includes, without limitation, any individual, firm, co-partnersli��eneral
partnership, limited partnership, joint venture, association, entity, Corp ion or any
other group or combination thereof acting as a unit.
"Permittee" means any person that had applied for and r ce ved a building or demolition
permit to undertake a construction, remodeling or de n o'do project covered by this
ordinance within the City.
"Public agency" means any governmental agency C• epartment thereof, whether federal,
state, or local.
"Recyclable materials" means reusable waste materials, including but not limited to
metal, glass, plastic and paper, caadboaroand green waste, that are to be collected,
separated or processed and used as a materials.
"Recycling" means the pro es f collecting, sorting, cleansing, treating and
reconstituting material tha ould otherwise become solid waste, and returning them to
the economic mains u earn in the form of raw material for new, reused, or reconstituted
products which e quality standards necessary to be used in the marketplace.
Recycling do s nottpclude transformation as defined in Public Resources Code Section
40201.
"Re etial premises" means any residential property in the City.
"Service yard" means a yard surrounding portion of a residential dwelling required under
the Rolling Hills Zoning Ordinance and/or the Rolling Hills Community Association
Rules, and enclosed by a fence or wall.
"Solid waste" means garbage, green waste, manure, vegetable or animal solid or
semisolid wastes, recyclables, or rubbish of every kind and character, that is generated or
accumulates in residential and public facilities. Solid waste must be generated by and at
the physical location wherein the solid waste is collected and does not include electronic
waste, electronic hazardous waste or hazardous waste. Solid waste includes:
Ordinance No. ---- -6-
A. Garbage. All 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.
B. Green Waste. Any vegetative matter resulting from regular and routine yard and
landscaping maintenance or seasonal variations. Green waste includes plant debris, such
as grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps,
flowers, plant stalks, wood and other forms �f organic waste not more than five fee in its
longest dimension or with a diameter not more than six inches or weights not mor han
fifty pounds.
C. Rubbish means without limitation, accumulation of unwanted material t be disposed
of such as paper, polystyrene, excelsior, pottery, rags, cloth, boxes an can ners, sweep -
ups and all other accumulations of a nature other than garbage, gxe e- a or recyclable
materials.
"Solid waste enterprise" means any person, partnership poi ve e, unincorporated
private organization or private corporation regularly eirga e in the business of providing
solid waste handling services. This definition does inaude persons providing tree
trimming or brush clearance services.
"Tonnage form" means the document adopted by e City Council which is used to
determine the net amount of solid waste and/or recyclables disposed of in a permitted or
certified facility.
"Tonnage report" includes a tonnag- orm or a copy of such form prepared by a Collector
or an officer or agent of a Goflec_to onnage reports shall also include necessary
information to verify the e s o "or supplied information.
"Transportation" means th ' process of moving solid waste through the City.
"Waste dispo al facility" "facility" facility" means any landfill, transfer station, incinerator,
land reclay1 ' n roject, recycling facility or other similar site or facility which is used
or intend d tolte for the transfer, consolidation, processing or disposal of solid
wast orrecyclables.
"Weig1{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.
Ordinance No. ---- -7-
II
FRANCHISES
8.08.030 Franchise requirement.
The City Council may authorize, by franchise, a solid waste enterprise to provide
solid waste collection and recycling services for residential users or customers in the
City. In the sole discretion of the City Council, the solid waste handling services may be
authorized on an exclusive or nonexclusive basis, and with or without competitive
bidding, and may relate to any class or type of solid waste within all or any part o the
territory of the City. Except as otherwise provided for in this Chapter, no pers n shall
collect and/or dispose of solid waste or recyclables in the City without havin firs bfen
awarded a solid waste collector franchise and entered into a franchise agr�cement ith the
City or after having received a limited permit for collection of construe io nd
demolition waste pursuant to Section. 8.08.580. A franchise shall be iinQtion to any
business license or permit otherwise required by the City. All such'.franc isees shall
comply with all of the requirements of this Chapter. Except as E' a in the Franchise
Agreement, the City retains the rights and power that it has de liplicable laws and
nothing in the Franchise Agreement may be construed to waive y of the City's
governmental rights or police powers.
8.08.040 Franchise.
A. The nature, scope of services, party obl`"gations 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 b utua ly agreed upon by the parties to the franchise
agreement and which will, in th j ent and discretion of the City Council, best serve
the public interest and protee the glic health, safety and welfare.
B. Upon solicitationl tthe ty, persons seeking to obtain an initial, renewal or
transferred solid ass of ction franchise shall file an application, accompanied by an
application fee s by resolution of the City Council, with the City Manager.
Applications hall l3 in a form prescribed by the City Manager and applicable law. All
applicatiog ce -ted for filing are available for public inspection unless otherwise
provide by applicable law.
C. I or r to be legally qualified for an initial or renewal solid waste franchise or a
approova of a transfer of a solid waste franchise:
1. The applicant shall be willing and able to comply with the provisions of this
Code, applicable law, and all requirements of the solid waste franchise.
2. The Applicant shall not have had any solid waste franchise validly revoked by
any franchising authority within three (3) years preceding the submission of the
application.
Ordinance No. ---- -8-
3. No individuals employed by the applicant who are or will be responsible for the
management and oversight of the franchise operations for the City, during the ten
(10) years before submitting the application, shal have been convicted of a crime
impugning their truthfulness and/or ability to abide with their legal obligations.
4. The applicant will not have filed materially misleading information in its
application or intentionally withheld information that the applicant lawfully is
required to provide.
5. An applicant that otherwise would not be qualified to hold a solid waste anchise
under this Chapter may include additional information demonstratin o e City
that the particular circumstances surrounding its act or omission i? tep aken
by the applicant to cure all harms flowing therefrom and preven`T'ther recurrence;
the lack of involvement of the applicant's principals; and/or the of the
matter from providing solid waste collection services woul a m. nt inappropriate
for the City to deny it a solid waste franchise.
8.08.050 Franchise terms.
Any franchise awarded pursuant to this Chapter all be for an initial term of not
more than ten years, with the possibility of renewal ad1i ional terms of not more than
five years each, at the option of the City.
8.08.060 Transfer of franchise.
A franchise issued under this Chapter shall not be transferred, sold, relinquished,
delegated or assigned to another pe son without the approval of the City Council. This
restriction includes the transfer ownefhip of the franchise or the conveyance of the
franchisee's stock to a new con olf nterest. City Council approval of transfer shall
not be unreasonably withheld. Effe tuating a franchise transfer without City Council
approval shall constituted o orf revocation pursuant to Section 8.08.110.
Fie
8.08.070 Franchi sei
A. The ay m ay its discretion and in connection with a franchise entered into
pursuant tell apter collect from a Collector a franchise fee in an amount equal to a
perce ge of gross revenues as set forth in a solid waste franchise for the privilege of
open tin. a solid waste collection service within the City.
B. he franchise fee is not a payment in lieu of any tax, fee, or other assessment of
general applicability.
8.08.080 Interim suspension.
A. The 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
Ordinance No. ---- -9-
City. The interim suspension will go into effect immediately upon delivery of a notice to
a Collector as specified in this Section.
B. The Manager may enter into a temporary agreement for the collection of solid
waste with a different solid .waste enterprise during any period of time that a franchise
has been suspended.
8.08.090 Appeals.
A Collector may appeal the interim suspension imposed by the Manage issued
pursuant to Section 8.08.080, provided a written appeal is submitted to Manner itIlin
five calendar days after notice of suspension has been sent to the Collecto . pp is to
the City Council shall include a general statement specifying the basis for e appeal and
the specific aspect of the Manager's ruling being appealed.
B. The interim suspension shall remain in effect durin he processing of the
appeal to the Council.
8.08.100 Council action.
The City Council shall hold a hearing on lam ea . 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, re Or he matter back to the Manager for
further consideration, or overturn the decision of e City Manager. The Council may
terminate the interim suspension or extend the period of the interim suspension and may
initiate proceedings for revocation"' the franchise. The Council shall base its action
upon the standards delineated in ection .08.080.
8.08.110 Revocati r�rnodification of franchise.
After a hearin the ty Council may revoke, modify the rights, obligations and
conditions of a franchise • impose a penalty on the Collector in an amount provided for
in the franchise ee ent on any franchise if a Collector has violated any provision of
this Chapter gie Franchise Agreement or any other applicable law, ordinance, or
regulation e1 ted o the collection of waste services provided in the City. It is unlawful
for annrson o r solid waste enterprise to operate under a franchise which has been
revoked.
8.08.120 Notice of hearing on franchise.
The City shall serve a notice of the City Council franchise revocation hearing on a
Collector not less than fifteen calendar days prior to such hearing.
8.08.130 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 calendar days of the hearing. The notice of
Ordinance No. ---- -10-
ruling shall include, without limitation, the effective date of any revocation, modification
or penalty. The decision of the City Council shall be final.
8.08.140 Cessation of operations.
A. 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 calendar days after notice of
revocation.
B. The Manager may enter into a temporary agreement for the collecf,,von f lid
waste with a different solid waste enterprise until such time as a new fr c 3ise wit a
different solid waste enterprise can be negotiated and approved by they ouncil.
III
General Requirements
8.08.150 Collector's liability insurance. /�
A. A Collector must obtain comprehensi e� ge oral and automobile liability
riiihminsurance acceptable to the City Attorney insurin a Collector against death, bodily
injury, property damage and automobile liability sing out of or in any way connected
with the franchisee's activities. The insurance shall be in an amount set forth in the
Franchise Agreement. Such insurance shall be procured from an insurer authorized to do
business in the State of California hal e the City of Rolling Hills and its officers,
employees and agents as additions ' weds and shall not be canceled or modified
without first giving to City thirty c endar days' prior written notice. Such insurance shall
be primary and noncontrci • u ' g ith respect to any other insurance available to the City
and will include a cross- li b' ity clause requiring the insurer to protect each insured
separately. A copy o e o icy or certificate of insurance along with all necessary
endorsements, i fo approved by the City Attorney, must be filed with the City
Manager befoi a sgl,.id waste franchise becomes effective.
In t`h., • event of suspension, cancellation, or termination of the insurance by the
pro e without obtaining substitute insurance meeting the requirements in subsection A
above, the franchise shall be immediately suspended until new insurance is provided, and
a Collpo r shall be liable to the City for any and all damages suffered by the City arising
out of such suspension, cancellation or termination.
8.08.160 Worker's compensation insurance.
A Collector shall at all times provide, at its own expense, workers' compensation
insurance coverage for all of its employees and shall file and maintain a certificate with
the Manager showing said insurance to be in full force and effect.
Ordinance No. ---- -11-
8.08.170 Indemnification.
A Collector shall indemnify, defend and hold harmless the City of Rolling Hills
and its officers, employees and agents against, in respect of any and all claims, demands,
losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies,
including interest, penalties and reasonable attorneys fees, that the City shall incur or
suffer, which arise, result from or relate to the collection, transportation, or disposal of
solid waste or recyclables within the City of Rolling Hills by said Collector. The
indemnification shall be included in the franchise agreement and include protections from
liability under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S
Sections 6901, et seq., the Comprehensive Environmental Response, Compensa ion and
Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et seq., the Carpenter -ergs
Tanner Hazardous Substance Account Act ("HSAA"), codified at Califo - i earili and
Safety Code Sections 25300 et seq.; and all future amendments to any f m.
8.08.180 Bonds.
A. The franchise agreement may require a Collec a surety bond
prior to the effective date of the franchise in an amount det ine a by the Manager and
in a form acceptable to the City Attorney, to guarantee a faith 1 compliance with this
Chapter and the franchise agreement. The bond shall .e 'n force during the life of the
franchise agreement and all renewals thereof
B. In the event of suspension, canceilation, or termination of the bond by the
issuer, the franchise shall be immediately suspe d til a new bond 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.
8.08.190
Responsibility fo amadae's
Any person providing solid waste ; ollection services or conducting a solid waste
enterprise in the City shai ponsible for damages caused as a result of the person's
acts or omissions includin 'thout limitation, injuries or death or any person or damage
to public or private
The Collecto shall responsible, at the Collector's sole expense, for any physical
damage ca se b he negligent or willful acts or omissions of employees, grantees or
subgrantees othe Collector to private or public property.
8. - 8..200. Office for inquiries and complaints.
ix Collector shall maintain an office at some fixed location and shall maintain a
telephone at the office, listed in the current telephone directory and/or online at the
Collector's website, in the firm name by which it conducts business in the City, and shall
at all times during the hours between eight a.m. and five p.m. of each weekday and
between eight a.m. and one p.m. on Saturday, have an employee or agent at said office to
answer inquiries and receive complaints. The telephone number shall be a toll -free
number from all portions of the City. Collector shall submit a quarterly report of all
complaints received to City Manager, in a form set forth in the Franchise Agreement.
Ordinance No. ---- -12-
8.08.210 Permits and licenses.
A Collector shall obtain all applicable permits and licenses required by any
Federal, State or local agency.
8.08.220 Fees and 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.
C. Pursuant to Public Resources Code §§ 41900 et seq., the City may levy fee`,s up n7
Collectors and customers for planning and program development and a inistration
regarding solid and household hazardous waste, recyclable solid waste ati€d/or green
waste planning, and for access to collection service, for collection service, ' " spection,
auditing, transfer and disposal and the planning for and response to releases and spills of
solid wastes which have the characteristics of Hazardous Was e . ,' h fees may include
charges for the use of disposal facilities and may include costs o eparing and
implementing source reduction and recycling elements, ouseho d hazardous waste
elements and integrated waste management plans. The ►'tynay collect such charges by
such means as determined by City Council resoluti or ojdmance.
Council only after the Manager h
rate at least forty-five calendar days
Council has held a public hearin,
objections, written and o
continue the hearing
owner may file w't
written protest a4in�s �,,
increased rate if a n��arority protest exists. A majority protest exists if, at the end of the
public he mg, th re are valid written protests submitted by owners of a majority of the
propert�,3,�s sub ct to the proposed fee increase. No more than one written protest per
parser all be counted. "
8.08.230 Collection Rates.
A. Maximum rates to be charged by a Collector for the collection of solid waste
and recyclable materials shall be established or increased by resolution of the City
mart d the property owners notice of the proposed
ore a public hearing on the matter and the City
r'the purpose of receiving and considering all
e proposed rate or rate increase. The Council may
t to time without further written notice. Any property
ager, at any time before the end of the public hearing, a
e proposed rate. The Council shall not approve the new or
B. A rate or rate increase may include an annual Consumer Price Index, or other
generally accepted form of consolidated index, increase to be implemented without a new
public hearing provided that the maximum percentage of index increase is set forth in the
notice sent to the property owners and any increase does not exceed that percentage
specified therein.
C. Every residential owner shall pay the rates for collection services rendered
pursuant to this Chapter in the manner set forth in Section 8.08.240
Ordinance No. ---- -13-
8.08.240 Collection of charges.
The City may in its discretion and in connection with a franchise entered into
pursuant to this Chapter, collect fees for solid waste/recycling collection services by
causing fees to be placed on the Los Angeles County Tax rolls through procedures
established by the Los Angeles County Tax Collector. In such event, no charge shall be
made directly to a customer by a franchised Collector unless expressly authorized by the
City Council or in this Code. Charges for manure collection service provided by the
Collector shall be billed directly to a customer by the franchised Collector.
8.08.250 Required monthly reports.
A. A Collector shall provide the City separate monthly and annu
and information reports in a form and at dates set forth in the franchise a ae ent.
8.08.260 City Inspection Authority
Any Collector providing collection services or conducting a s o id age enterprise in the
City shall keep and maintain books of account, income state en , tonnage reports,
customer lists, billing records, maps, AB 939 complianc ecor ., and customer
complaints and other like materials and documents of th a lector which relate to the
Collector's compliance with the provisions of this Apate relate in any way to business
transactions conducted by the person in the Ci , or albriod of three years after said
service was provided or any longer period required3bylaw. Any Collector shall make
these records and documents available to the City upon request by the City Manager upon
five business days advance notice. Such records shall be made available to the City at the
Collector's regular place of business, within the Los Angeles County Limits.
8:08.270
No solid
waste or recy
constructiO
IV
VEHICLES
Ve 'cle iflentification.
tvae n{erprise may operate any vehicle for the collection of solid
n the City unless the owner of the vehicle is a Collector or a
lition hauler, as those terms are defined in Section 8.08.020.
8. - 8.. 80. Amount and type of equipment.
"No person shall be awarded a franchise for the collection, and for transportation
of solid waste or recyclables, or a permit for construction/demolition waste, unless the
solid waste 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 given pursuant to this Chapter. A Collector shall utilize mini -trucks,
three -wheel scooters or other appropriate small collection vehicles to make collections
and so as to operate efficiently on narrow roads and driveways.
Ordinance No. ---- -14-
8.08.290 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 which results in undue
interference with normal traffic flows or violation of any traffic laws. The small
collection vehicles, whether loaded or unloaded, shall not be parked, or left unattended on
any street in the City. Large collection vehicles shall not be parked in an unobtrusive
manner and be maintained in a clean, sanitary condition.
8.08.300 Compliance with vehicle standards.
Any vehicle used in the collection or transportation of solid waste in t
shall, at all times, be maintained in accordance with all the standards set fort
Franchise Agreement, this Code, or any other applicable state law. The us'�'of a ehicle
which fails to comply with each of the standards is prohibited. A Coilea hall
immediately remove any vehicle from collection service which fails, at I time, to
conform to any of the standards recited in the Agreement or this od- , o shall not use
that vehicle until it is repaired or comes into compliance. Sho ' s- manager give
notification at any time to a Collector that any of its vehicle are .'t in compliance with
the standards of this Chapter or the Franchise Agreement, icle shall be
immediately removed from service in the City by the l c r. The vehicle shall not
again be utilized in the City until the Collector succe-'s 1! demonstrates to the Manager
that the vehicle is in compliance with the requireSents f the Agreement and this Code.
A Collector shall maintain its regular collections 'hheedule regardless of the repair of any
vehicle.
V
COLLEGTifON&ANDATORY SERVICE
8.08.310 Mandatonyvse:Y
A. Except ase e e provided in this Chapter, all solid waste and
recyclables collected a a ee? service charge or other consideration, shall be collected by
a solid waste ente se er the provisions of a franchise awarded by the City Council.
B. No ers. n or solid waste enterprise, other than those referenced in
subsection A • this ection, shall negotiate or contract for, undertake to receive, collect
or transpo, s aste from within the City for a fee, service charge or other
considetationircept as specifically provided herein.
Except as otherwise provided in this Chapter, each residential property
o e an occupier in the City shall, at all times utilize the services of a Collector and
pay ates approved by the City Council for the collection of solid waste and/or
recyclables from such premises as shall be -owned by said owner and shall, at all times
comply with City policies and programs with regard to solid waste recovery, reduction of
solid waste and recycling of solid waste.
8.08.320 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 twice during each
calendar week, or less if provided for in an approved Franchise Agreement. Not more
than four days shall elapse between one collection and the next unless the regular day of
Ordinance No. ---- -15-
collection falls on a holiday. 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. When the collection day falls on a holiday, a Collector shall choose one of
the following options:
1. Collect on the holiday;
2. Collect one day prior to or one day after the holiday, providing regular
collection can be maintained on the regularly scheduled days the remainder of thweek.
C. Not later than November 30th of each year, a Collector shall sub nf"it"fo_
City its proposed collection schedule for the ensuing calendar year. The sche,Wudlet')1
indicate all regularly scheduled collection days which fall on a holiday an e coF1'ection
day which is proposed to be substituted therefore (if any) so as to ensu th t collection
P P
shall take place twice each week. The schedule shall also indicate the da es at brush
clearance required to be removed pursuant to Section 15.20.040 o his . de shall be
collected. Upon approval by the Manager, Collector shall cans~ o . • ailed a written
notice to all customers of such schedule not later than Dece . ber %st of each year. In his
or her discretion, the City Manager may mail out the . xa notice to all customers, at the
expense of the Collector.
8.08.330 Hours of collection.
A. No collection, or delivery or rem Yal of containers, shall be made between
the hours of six p.m. and seven a.m. Monday thro gh Saturday or at any time on Sunday.
B. The Manager may waive the requirements of this Section when
necessitated by conditions beyond the control of the Collector.
8.08.340 Litter.
If a Collector releases, • p rmits or causes the release of any solid waste on
public or private prope . - City at any time, it shall promptly clean up, contain,
collect and remove safe to t satisfaction of the Manager.
8.08.350 6Empplooyyees of collector.
All fled emll gees of a Collector shall wear name tags and/or uniforms to enable
identification providing service to the public.
8.08: , Trespass.
person authorized to collect or transport solid waste or recyclables shall enter
on prate property beyond the extent necessary to collect the solid waste or recyclables,
properly placed for collection.
8.08.370 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 City.
Ordinance No. ---- -16-
8.08.380 Ownership.
At such time as the solid waste or recyclables are placed for collection at the usual
place of collection, the solid waste or recyclables are the property of a Collector.
8.08.390 Disposal.
A. It is unlawful at any time for any person, including a Collector, to burn
any solid waste or recyclables within the City.
B. It is unlawful at any time for any person, including a Collector, to bury or
dump any solid waste or recyclables within the City.
8.08.400 Resource recovery.
A Collector shall, at all times, comply with City policies and • ggra . s regarding
solid waste recovery, reduction of solid waste and recycling of solid wa -, ''cluding the
City's Source Reduction and Recycling Element. Such policies and plo L ams may be
established by resolution of the City Council. Compliance wi po icies and
programs shall be a condition of any franchise issued pursu , o t to 1 . 's Chapter.
8.08.410
Collection of recyclable materials.
A. A Collector shall offer recyclable mated co ection services as follows:
1. A service yard collection program
2. Operation of a drop-off center at City Hall where residents may drop off
recyclable items, such as newspaper, telephone books, glass and aluminum. No other
hazardous wastes shall be accepted. Operation of the center shall be in a manner
consistent with all applicable law . Signs indicating acceptable and unacceptable
recyclables shall be prominentl po u . Bins or containers shall be conspicuously
labeled. A Collector will provide d"gular maintenance and collection of reusable
materials from the cente , ,acted by the Manager.
3. A Colletor . .11 develop and implement a public information and
education progr. o th-- ecyclable materials collection services described in this
Chapter, approv - b a e City Manager.
4. A ollector shall establish and maintain a system for establishing
divers cre p for the City of Rolling Hills in a manner consistent with the Act.
From the time of placement of recyclable materials for collection, such
recyclb`le materials shall be and become the property of a Collector. It shall be a
violation of this Chapter for any person unauthorized by the City or the customer to
collect or pick up or cause to be collected or picked up any such items. Any and each
such collection in violation hereof from one or more locations shall constitute a separate
and distinct offense punishable in accordance with Chapter 1.08 of this Code.
B. Nothing in this Chapter shall limit the right of any person to donate, sell or
otherwise dispose of his or her recyclable materials.
Ordinance No. ---- -17-
8.08.420 Collection of green waste.
A. A Collector shall offer green waste services to its customers as follows:
1. Green waste shall be placed for collection in the manner set forth in this
Chapter and in the Agreement. All green waste shall be delivered to a legitimate
composting or alternative fuel facility or used as cover material at a landfill, so that City
receives credit for diverting the green waste from disposal at a landfill.
2. On a periodic basis, if a resident has additional green waste in excess of
what can be placed in the green waste containers set out for collection, residents may
place green waste materials in bags or bundles, or in a plastic or metal containe with a
lid for collection by a Collector.
3. A Collector shall provide to all customers who request one a the Est
paid by the customer, a composting bin of a type approved by the City n ger. Each
composting bin so provided shall include full instructions. A Collector s s 1 provide
training, twice per year, on backyard composting, open to all reside ! . ' the City.
Composting shall be conducted pursuant to Section 8.08.430.
4. A Collector shall develop and implement a •ubli formation and
education program for the green waste services describ - . in d i section, approved by the
City Manager.
5. Collector shall collect an unlimite • c ii a ) of brush clearance required to
be removed by Section 15.20.040 of this Code . T . any additional green waste set out at
that time from every customer up to three times ' s e Spring and up to three times in the
Fall. The dates for such collections will be set forth in the collection schedule mailed out
to all customers pursuant to Section 8.08.320.C. and the placement and bundling
specifications shall be set forth in the Agreement.
8.08.430 Backyard .esiden ' l'Composting
A. Notwithstanding any o provision of this Chapter, residents are encouraged to
compost green waste cl g grass clippings, leaves, plant trimmings, wood ashes and
vegetable kitchen s craps anure (but not including other household garbage or animal
waste). The folio composting conditions must be met:
1. Compost pill or bins shall not be visible from the street or neighboring
pre
2. 1 e co post piles or bins shall not be located next to a stream or drainage course;
3 LCompost piles and bins are maintained so that they do not generate an offensive
or 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.
8.08.440 Prohibited waste.
Ordinance No. ---- -18-
A. Electronic waste, electronic hazardous waste, and any other form of waste that does
not meet the definition of solid waste or recyclable materials shall not be disposed of with
solid waste or recyclables for regular solid waste collection by a Collector.
B. A Collector shall develop and implement a public information and education program
for electronic waste, electronic hazardous waste disposal and recycling, hazardous waste
and any other prohibited waste, approved by the City Manager.
C. Customers shall dispose of electronic waste, electronic hazardous waste, haz ous
waste and any other form of prohibited waste at special collection centers o
throughout the region. A list of such collections centers is available at C.
VI
CONTAINERS
8.08.450 Care of containers.
Collector's agents and employees shall handle all conta ' OE with care.
8.08.460 Unauthorized Removal from cant'" aine s.
No person other than a Collector who pr v'd s collection services at the premises,
or the owner or employee of the owner of the con iner, or the person upon whose
premises such container is located, or a City employee, shall remove any material from a
solid waste or recyclable containers
8.08.470 Tampering with cohtamers.
No person other th. •h- o er or occupant of the premises where a container is
located, or a Collector wJi v.. es collection services at the premises where the
container is located, o a Cbfemployee shall tamper with, or remove any container or
other equipment use s e storage of solid waste or recyclables.
8.08.480 1 Covering containers for solid waste.
An. o ier to be placed for collection containing solid waste shall have a
tightly fitting Aver. Said cover shall be used at all times.
8. - 8..4 90 Unauthorized setting out of containers.
Igo person occupying, using or in charge of any premises shall set out or cause to
be set out for collection any solid waste or recyclables not generated on the premises.
8.08.500 Containers at residential premises.
A. Unless containers are to be provided by a Collector pursuant to the
Franchise Agreement, every customer in the City shall provide sufficient containers as to
accommodate the amount of solid waste generated by the premises. All containers shall
be constructed of metal, hard rubber or plastic, shall be constructed so as not to permit the
contents thereof to sift or pass through any opening therein other than the top, shall be
Ordinance No. ---- -19-
maintained in a clean and sanitary condition by the customer and shall not contain any
rough or jagged surfaces. Heavy-duty plastic bags especially manufactured for solid
waste collection and trash compactor sacks may also be used provided they are securely
tied, not perforated or split.
B. Any solid waste not susceptible to placement in a container may be placed
for collection at the same place and time as the container if it is securely tied in bundles
not heavier than sixty pounds, not more than four feet in length, nor more than eighteen
inches in diameter. Wooden boxes, crates, pallets, or cardboard boxes are to be broken
down and stacked neatly at the depositor's refuse collection point.
C. No cardboard box, paper bag or oil drum may be used as a eo tainer for
solid waste.
D. A Collector shall schedule to collect bulky items from eusto _. ers at least three
times during each calendar year. The dates for such collection w'll set forth in the
collection schedule mailed out to all customers pursuant to - ecti 8.08.320.C. and the
timing, item placement and other specifications for the el -etio . shall be set forth in the
Agreement.
8.08.510 Accumulation of solid waste peibixed.
It is unlawful for any customer or person mg, managing or having the control
of any premises or vacant lot within the City top it an accumulation of solid waste
and/or recyclables to become or remain offensive, unsightly or unsafe to the public health
or safety or hazardous from fire. I s unlawful to deposit, keep or accumulate, or permit
or cause any solid waste and/or cla les to be deposited, kept or accumulated, upon
any property, lot or parcel of land, o y public or private place in the City except as
provided in this Chapter. N • Gusto . er or person occupying, owning or in control of any
premises shall permit soli and/or recyclables to accumulate, or to blow about in a
manner which create an urightly appearance, or a health hazard. It is unlawful for any
person to dispose o s eir so id waste into containers at locations other than those that
may be located po . s operty which they own or occupy or where they work. It is
unlawful for y person to place bulky items on the street except that bulky items may be
placed onLth e `t within the two days prior to a bullcy item collection scheduled
pursuAto Sect on 8.08.500.D, or within the two days prior to otherwise scheduled
collection or removal of the item.
8.08.520 Placement of containers at residential premises.
A. In the case of residential premises, each container or bundle shall be kept
in the service yard of the premises reasonably concealed from view by neighbors. Such
areas shall be readily accessible to a Collector by a pathway. Access to the containers
shall not be impaired by the presence of any vehicles or other obstructions.
B. A Collector shall collect containers from the service yard and shall return
all containers in an upright position to the same approximate location where found by a
Collector and without any unnecessary noise or wear and tear or damage to said
Ordinance No. ---- -20-
receptacles. A Collector shall replace a container or reimburse the customer for any
damage caused to receptacles by the unnecessary wear and tear of a Collector.
C. In the event a Collector declines to collect any solid waste on a required
collection day, the Collector shall leave a tag on the container indicating the reason for
refusal to collect and the Collector's name and telephone number. A record shall be kept
by the Collector of all locations where such tags have been left, with the reasons noted.
Such record shall be made available for inspection by City upon reasonable notice.
8.08.530 Container storage areas.
The owner or occupant of residential premises where a container is place all
provide a clean, safe and sanitary place for its storage.
VII
EXCLUSIONS
8.08.540 Residential waste and recyclable exclusion.
No provision of this Chapter shall prevent customer . ot 'bllecting and
disposing of occasional loads of solid waste generated in or on t . eir residential premises,
or from composting green waste, or from selling or di p of recyclables generated in
or on their residential premises; provided, however t at�i Y customer shall employ or
engage any solid waste enterprise, other than a «ollecf 'r franchised in the City of Rolling
Hills, to haul or transport such materials to a tran station or landfill.
8.08.550 Dwellings under construction.
When solid waste is not being generated on a property due to construction at a
temporarily vacant residential d tiling at a newly constructed residential dwelling that
has not yet been occupied, the props.�,, owner may suspend mandatory collection service
for the time that the dwelling i o teeing occupied and may not be liable for collection
charges for such period {' i follows:
A. Res' entia wellings undergoing alterations or repairs, but occupied or
vacant for less t ll weeks, shall receive regular service for collectible solid
waste during -/e colastruction period.
B. e idential dwellings which remain unoccupied for four full weeks or
longer ay spend mandatory collection service and may not be liable for collection
fees wring period or be eligible for a refund of the collection fees for such periods.
CI The property owner shall notify the City Manager and all Collectors
responsible for collection at that dwelling, at their respective offices, of the temporary
suspension of mandatory service. The notice shall be in writing and the effective date
shall be one week after the date of the notification. Receipt of the notice shall be
acknowledged by mail, fax or email communication and a reference number assigned to
avoid misunderstanding;
D. The property owner shall notify the City Manager and the Collectors
responsible for collection at that dwelling of the duration of the vacancy, if known, at the
time of the suspension of the collection service; otherwise owner shall notify by mail,
Ordinance No. ---- -21-
fax, email or phone within three calendar days of occupancy or resumption of occupancy
and service shall be resumed immediately thereafter; and
E. The premises described in the notice shall not be occupied during the
period of the vacancy, and no solid waste of any type, other than construction/demolition
waste that is removed pursuant to Section 8.08.580, shall be produced during the period
or collected from the dwelling.
F. When collection fees have been prepaid on the property tax bill, a property
owner may request a refund of solid waste collection fees for the period that the property
was vacant and the service was suspended by filing a refund form with the City onager
within sixty calendar days of occupying or reoccupying the premises. The Ci anager
shall process the request within sixty days from receipt of the request and ma a
refund for the proportionate amount of fees for the time the property was aeant and
service was suspended.
8.08.560 Gardener's exclusion.
A franchise shall not be required for the occasional removal ofi� e l aste as a result of
routine and regular tree trimming, gardening or landscaping ctifir s. In order to help
rs and landscapers are
the landfill to a legitimate
the City meets its diversion requirements, gardeners, tre
encouraged to divert the occasional loads of green w. st
composting or alternative fuel facility or to use th , s eg cover material at a landfill,
so that City can receive credit for diverting the een Ilste. Gardeners, tree trimmers and
landscapers are encouraged to collect a tonnage or tonnage report for all green
waste diverted from the landfill and residents are ncouraged to submit such tonnage
forms or tonnage reports to the City Manager evidencing the amount of diverted green
waste.
8.08.570
Commercial Rec�'cl1 clusion for Source -Separated Recyclables.
No provisions of this cha o e'�''f k prevent a recycling business from contracting to
collect source-separat l re lables that are donated or sold to that recycling business by
a customer. "Source-s ar. ed recyclables" within the meaning of this subsection means
recyclables whie ave . een separated from solid waste for the purpose of sale or
donation, wi4h hav of been mixed with or contain more than incidental or minimal
solid waste, d which do not have a negative market value inclusive of collection,
transpoort`ta tion, and disposition costs. This exclusion does not apply if the material
collected hauled for a net fee.
8.08.580: Construction or demolition waste.
A. Minimum construction or demolition waste diversion requirements
Every covered project shall.divert at least fifty percent (50%), measured by weight, of all
construction or demolition waste generated by the covered project.
B. Exempt projects.
Ordinance No. ---- -22-
The diversion and reporting requirements of this Section shall not apply to the following
projects:
1. Any construction, remodeling or demolition project that does not require a
building permit and does not generate recyclable materials and construction and
demolition waste.
2. 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.
Notwithstanding the exemptions set forth in this paragraph, permitees wo hg oexempt
projects are encouraged to divert as much construction or demolition as s practicable
and encouraged to use permitted haulers for removal of waste from the pi jeect.
C. Construction/demolition hauling permit. i'
1. Permit required. No person or solid waste ente ise sh fremove construction
and demolition waste from a covered project within t e ty without first obtaining a
construction/demolition hauling permit. The City maage shall maintain a list of all
permitted construction/demolition haulers andiiden shall only use a permitted
construction/demolition hauler for removal of co Sar,txction/demolition waste from any
covered project within the City.
2. Application for construction/demolition hauling permit. An application for a
permit shall be filed with the Ci anr and be accompanied by an application fee in
an amount set by City Council resole -ion to reimburse the City for all expenses incurred
by it in connection with granting a permit. The application shall include, at a
minimum, the followingti . u tion:
dress, telephone number of the applicant and any other
principals in th usiness.
The type and amount of materials and waste material that the hauler is
capable tra porting..
(c) The number of vehicles that the enterprise utilizes.
(d) 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.
(e) Such other pertinent facts or information as the City Manager may
require including but not limited to evidence of state certification, evidence of previous
experience, and demonstration of reliable and safe equipment.
3. In order to be legally qualified to obtain a construction/demolition hauler permit:
Ordinance No. ---- -23-
A. The applicant shall be willing and able to comply with the provisions of this
Code, applicable law, and all requirements of the permit.
B. The applicant shall have demonstrated ability to remove and transport the
required construction/demolition waste to the appropriate waste disposal facilities
C. The applicant shall not grant have filed materially misleading information in its
application or intentionally withheld information that the applicant lawfull s
required to provide.
4. Issuance of permits. The City Manager may issue a non-exclusii
construction/demolition hauler permit subject to such conditions as are i sary to
protect the public health, safety and welfare and to assure that the permit is exercised for
its circumscribed purposes. A permit shall not be transferred t. . o r person or solid
waste enterprise. Permits shall remain in effect for one year and ,Mist be renewed
annually.
5. A permitted construction/demolition hauler sha b spbject to the following
provisions of Chapter 8.08: Sections 8.08.150 Q lector's liability insurance, 8.08.160
Worker's compensation insurance, 8.08.170 Ind •fcation, 8.08.190 Office for
inquiries and complaints, 8.08.200 Permits and li enses, 8.08.250 Vehicle identification,
8.08.270 Operation of equipment, 8.08.310 Hours of collection, 8.08.320 Litter, 8.08.340
Trespass, 8.08.350 Noise, 8.08.360 Ownership, 8.08.370 Disposal, 8.08.380 Resource
recovery, and all other applicable ovi s of the Municipal Code.
6. Failure by a permitted haute to imply with the diversion and/or reporting
requirements of this Sectio r • result in automatic revocation of the
construction/demolitid" ha le permit. A hauler whose permit has been revoked shall not
be eligible to reap. Wit« ew permit for a period of three -years from the date of
revocation.
D. C d'tion recedent to issuance of building or demolition permit.
As a art of any application for, and prior to the issuance of, any building or demolition
perm5 a covered project, every permittee shall identify the permitted hauler that has
been designated to remove all construction/demolition waste associated with the project.
The application shall also be accompanied by a construction/demolition waste fee, set by
resolution of the City Council to reimburse the City for all expenses incurred by it in
connection with monitoring compliance with this Section.
E. Records.
Ordinance No. ---- -24-
During the term of any covered project, the permitted hauler shall keep records of the
amount of waste diverted in tonnage or in other measurements approved by the City
Manager that can be converted to tonnage.
F. Reporting
Within thirty (30) calendar days following the completion of any covered project, the
hauler 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 Manager establishing compliance with the requirements of this Section.
documentation shall consist of a completed "Recycling and Waste Reductio
Compliance Report" showing the weight of materials diverted, supported . evidence
satisfactory to the Manager, which may include originals or photocopi eceipts and
weight tickets/invoices or other records of measurement from recycling • panies and/or
landfill and disposal companies. Receipts and weight tickets may b e •, red by the
Manager to verify the amount of construction or demolition w. ste _enerated from the site
that has been diverted.
If a project involves issuance of both a demolition an
documentation for the demolition permit shall be s - IT
Manager before issuance of a building permit.
G. Monitoring responsibility of Manager.
The City Manager shall monitor each covered project
H. Implementing Regulations
for
g permit, the report and
to and approved by the
compliance with this Section.
The Manager shall have t 'e a thority to establish regulations for the implementation of
this Section, and when dul ablished, such regulations shall be in full force and effect.
Section 2. This e
executed afte
ce shall apply to all franchise agreements amended, extended or
ctive date of this ordinance.
Section#3.. The ity Clerk shall certify to the adoption of this ordinance and shall cause
the s r�"rne to be published as required by law.
PASS D, APPROVED and ADOPTED this day of , 2009.
MAYOR
ATTEST:
Deputy City Clerk
Ordinance No. ----. -25-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Ordinance No. ---- entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING
HILLS MUNICIPAL CODE RELATING TO THE COLLECTION
OF SOLID WASTE AND RECYCLABLES
was approved and adopted at a regular meeting of the City Council o --- -- - --, 2009 by
the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices
y
reputy City Clerk
4•011
44
Ordinance No. --- -26-
City of Rolling Hills
Solid Waste / Recycling Subcommittee
December 8, 2008, Meeting Notes
9:00 a.m.
Participants
Mayor Pro-Tem Tom Heinsheimer
Council Member Allen Lay.
Anton Dahlerbruch, City Manager
Marilyn Kern, Deputy City Clerk/Executive Assistant
• It was clarified to the Subcommittee that the proposed ordinance represents a
complete re -drafting, not updates to the existing provisions in the Municipal
Code. It was suggested that the proposed ordinance be evaluated in
comparison to other cities' ordinances. In response, it was noted that the City
Attorney's office, in drafting the revision, is very familiar with such
ordinances in other cities.
• It was suggested that residents be provided with a form (e.g., distributed by
mail, at City Hall or on the City's website) to record how their green waste is
disposed or diverted, if the green waste does not go to a franchise hauler.
Such a form would be used to record if green waste is composted or chipped
and/or maintained at the property or diverted. The information could be
submitted to the City for inclusion in its annual report.
• It was the recommendation of the Subcommittee that all construction and
demolition haulers be required to have a franchise with the City and, the
RHCA be asked to see the franchise before issuing a road permit. The
franchisee would be required to divert 50% of what they collect. A failure to
report the diversion would result in canceling the franchise. This results in
eliminating section 8.08.550.
• The Subcommittee questions the reason/purpose for citing "institution" in the
proposed ordinance and would like to know each location/reference. If
institutional uses are included in the ordinance, it was suggested that it be
clear that their collection rate will vary from the residential collection rate.
• It was noted that the Section IV Vehicles does not address the location and
cleanliness of the area where the "mother truck" is stationed. It was suggested
that provisions be included that the locations be hidden (unobtrusive) and
clean. It was also suggested that the ordinance require the franchisee's trucks
to be washed and clean.
-1-
• With regard to format, it was noticed that there were no page numbers on the
document and the index should be confined to two pages (not bleed onto a
third page).
• Re: 8.08.060 Transfer of franchise, it was suggested that the section include a
statement that the transfer will not be unreasonably withheld but in the event
the City Council does not approve, the franchise will be revoked.
• Re: 8.08.400 Collection of green waste (3), it was suggested that the cost of a
composting bin requested by a customer be paid by the customer, not the
collector. "A Collector shall provide to all customers who request one, at the
cost paid by the Collection Customer, a composting bin of a type approved
by the City Manager." This is to avoid an added cost to the contact.
• Re: 8.08.400 Collection of green waste (5), it was suggested that the bulky
item pick up occur "up to 3 times" in the Spring and in the Fall. Recognizing
that there are currently two pick-ups on consecutive Saturdays in the Spring,
the third pick up could be the Fall pick up.
• It was suggested that there be a section of the ordinance that specifically refers
to the bulky item pick ups since it is only referenced in relation to green waste
collection.
• Re: 8.08.420 Collection of electronic waste, it was noted that this section
focuses on items that are not collected. As such, it was recommended this
section be re -titled to refer to items that are not collected by the City and
franchisee and are the resident's responsibility to dispose. Further, it was
suggested that the section refer to what residents are to do for those items not
collected by the City/franchisee.
Re: 8.08.480 Containers at residential premises, it was suggested that the
section be clear that it does not preclude the hauler from providing containers
at a future time.
• Re: 8.08.480 Containers at residential premises (B), it was suggested that the
ordinance maintain current practice in relation to the weight of containers and
bundles. As such, the weight should be no more than sixty pounds (not
seventy pounds). "Any solid waste susceptible to placement in a containers
may be placed for collection at the same place and time as the container if it is
securely tied in bundles not heavier than seventy sixty pounds, not more than
four feet in length, nor more than eighteen inches in diameter."
• Re: 8.08.520 Residential householder exclusion, two changes were
recommended as follows: "No provision...other than the a franchised
residential collector by the City of Rolling Hills to haul or transport such
materials to a transfer station or landfill."
-2-
• Re: 8.08.540 Gardener's exclusion, it was recommended that the paragraph be
re -written because it is long and difficult to understand. It suggests, as
written, that green waste should be taken from the landfill to a composing or
alternative fuel facility.
• Following a review of the proposed ordinance, it was noted that an updated
draft would be sent to Allied Waste for review. It would then be forwarded to
the City Council for consideration and approval.
• With regard to the draft RFP for consultant services, a suggestion was made to
reword Task 2 to clarify that the consultant would assist in representing the in
negotiations.
The Subcommittee meeting concluded at approximately 10:00 a.m.
Notes prepared by Anton Dahlerbruch
-3-
2-29-08; 1:r3SPM;CITY OF HIDDEN HILLS
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;8187190083
1/ 37
DATE:
COMPANY:
FAX NO.:
ATTENTION:
SENDER:
CITY OF HIDDEN HILLS
6165 Spring Valley Road * Hidden Hills, California 91302
(818) 888-9281 * FAX (818) 719-0083
EMAIL: staffnhiddenhillscity.org
WEB SITE: www.hiddenhillscity.org
FAX COVER SHEET
a 4k:9rob
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2(E._ PA- G ..,4
• NUMBER OFPAGES INCLUDING COVER SHEET:
37
**COMMENTS**
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APPLICATION
FOR
NON-EXCLUSIVE CONSTRUCTION AND
DEMOLITION WASTE COLLECTION
FOR CITY OF HIDDEN HILLS, CALIFORNIA
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The City of Hidden Hills ("City") requires that all solid waste collectors ("Collectors") providing
Construction and Demolition Waste collection service within the City's boundaries have
executed a Construction and Demolition Waste Collection Agreement ("Agreement") with the
City.
The City is now exercising its authority under Public Resources Code 49300 to contract for
Construction and Demolition Waste collection service on a non-exclusive basis. All qualified
Collectors will be granted a non-exclusive Agreement for Construction and Demolition Waste
collection service. Under the terms of the Agreement, the Collector will direct all construction
and demolition waste materials collected in the City to an authorized facility. All Collectors will
be required to ensure and document that at least fifty percent (50%) of the Construction and
Demolition Waste collected is recycled or otherwise diverted from disposal in a landfill. All
Collectors will be required to pay the City a Collector fee.
APPLICATION REQUIREMENTS
Collectors should provide all of the information listed in this section.
QUALIFICATIONS
1. Qualifications. Company qualification information should be provided to
demonstrate the vendor's experience providing Construction and Demolition
Waste collection service in jurisdictions comparable to the City.
2. Proof of Insurance. Provide proof of insurance in the amounts specified in the
attached Agreement.
OPERATIONS INFORMATION
1. Equipment Description. Provide a description of the vehicles and containers to
be used in providing service.
2. Customer Service. Describe your firm's customer service procedures. Identify
the address of your firm's local or regional office.
3. Waste Management Plan. Provide a Waste Management Plan that a) identifies
the types of construction and demolition materials that will be diverted (salvaged,
reused or recycle), and b) describes the methods of diversion per material type,
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location of diversion and disposal facilities, handling and transportation
procedures (including method that will be used for separating recyclable waste,
including sizes of containers, container labeling, project site where materials
separation will be located, if applicable). -
CONTRACTUAL INFORMATION
Signed Agreement. Provide a signed copy of the attached Agreement, including an
original signature executed by an officer or agent of the vendor who is duly
authorized to bind the vendor to the terms of the Agreement, and documentary
evidence of such authorization.
APPLICATION PROCESS
Step 1: Written Questions
The City requires that prospective Collectors coordinate all questions and requests for
information through the City Manager's Office. Any questions, requests for clarification,
or requests for additional information regarding the application content should be
submitted in writing to:
Cherie L. Paglia
City Manager
City of Hidden Hills
6165 Spring Valley Road
Hidden Hills, CA 91302
(818) 888-9281
Via fax at (818) 719-0083
Or email at: citymanager@hiddenhillscity.org
Step 2: Submittal Requirements
Applications should be sealed and marked "City of Hidden Hills, Application for Non -
Exclusive Construction and Demolition Waste Collection Agreement."
. Sealed applications should be mailed or delivered to:
Dirk Lovett
City Engineer
City of Hidden Hills
6165 Spring Valley Road
Hidden Hills, CA 91302
Fax submittals will not be accepted.
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RESPONSE CONTENT
All applications should consist of the following:
1. A cover letter providing:
• Name, address, telephone and fax numbers and e-mail address of vendor and
key contact person.
• Description of type of organization (e.g., corporation, partnership) submitting
application.
• Name of entity that would sign the Agreement.
• Signature of an officer or agent of the vendor who is duly authorized to bind
the vendor to the application.
2. Responses to all information requested, including the following components:
• Qualification information
• Operations Information
• Contractual Information
Additional information or data relevant to the application is optional and may be
included in an attachment. Failure to provide all required information may be
grounds for rejection of your application.
ACCURACY IN REPORTING REQUESTED INFORMATION
Information submitted as part of the application will be subject to verification. Inaccurate or
misleading information will be grounds for rejection of any application. Should a vendor
providing false information be awarded an Agreement as a result of this request, such inaccurate
or misleading information will be grounds for termination.
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CONSTRUCTION AND DEMOLITION WASTE COLLECTION AGREEMENT
This Construction and Demolition Waste Collection Agreement ("Agreement") is made and
entered into this day of , 200_, by and between the City of Hidden Hills, a
municipal corporation ("City"), and ("Collector").
RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989 (AB 939) (California Public Resources Code Section
40000 et seq.), has declared that it is in the public interest to authorize and require local agencies
to make adequate provisions for solid waste handling within their jurisdictions; and
WHEREAS, City has determined that the public health, safety and welfare require that
non-exclusive Agreements be awarded to qualified companies for the collection, transport and
disposal of Construction and Demolition Waste in the City; and
WHEREAS, City requires all haulers providing Construction and Demolition Waste
collection services in the City to enter into a non-exclusive Agreement in order to regulate this
business, ensure its orderly operation and to minimize the potential for adverse effects it may
have on the local environment; and
WHEREAS, Collector has applied to City for a Construction and Demolition Waste
Collection Agreement; and
WHEREAS, the City Manager has reviewed Collector's application for the purpose of
determining whether Collector meets the requirements for the granting of such Agreement; and
WHEREAS, City has determined that the grant for such Agreement to Collector is in the
public interest; and
WHEREAS, Collector agrees to ensure and document that at least fifty percent (50%) of
the Construction and Demolition Waste collected by the Collector is recycled or otherwise
diverted from disposal in a landfill; and
WHEREAS, other than the recycling/diversion requirement City is not instructing
Collector how to collect, transport or dispose of Construction and Demolition Waste so long as
its operation is consistent with the Hidden Hills Municipal Code and applicable laws; and
i".
WHEREAS, City and Collector desire to enter into a Construction and Demolition Waste
Collection Agreement in order that Collector may perform Construction and Demolition Waste
collection, transportation and disposal services in the City.
NOW, THEREFORE, based on the mutual promises contained herein, the parties agree
as follows:
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Section 1. Definitions
Whenever Section 3-4-3 of Chapter 4 of the Hidden Hills Municipal Code has defined
any term used in this Agreement, the definitions in Chapter 4 shall apply unless the term is
otherwise defined in this Agreement. Whenever Division 30, Part 1, Chapter 2 of the California
Public Resources Code, the definitions in Division 30, Part 1, has defined any term used in this
Agreement, Chapter 2 shall apply, unless the term is otherwise defined in this Agreement or in
Chapter 4 of the Hidden Hills Municipal Code. In addition, the following definitions are hereby
incorporated into this Agreement:
a) "Applicable Law" means all laws, regulations, rules, orders, judgments, decrees,
permits, approvals, or other requirement of any governmental agency having
jurisdiction over the collection and disposition of Solid Waste and Recyclables
that are in force on date of this Agreement, and as they may be enacted, issued or
amended during the term of this Agreement.
b) "Bin" shall mean a detachable container with a capacity equal to or less than
six (6) cubic yards.
c) "Box", sometimes known as a "roll -off," "drop" box or "debris" box, means a
wheeled or sledded container or compactor, generally 10 to 40 cubic yards in size,
that is picked up in its entirety by a dedicated truck.
d) "Debris Box" means a Bin or Box used for the collection of Construction and
Demolition Waste.
e) "Chapter 4" means Chapter 4 of the Hidden Hills Municipal Code.
f) "C&D Waste" means "Construction or Demolition Waste", as that term is defined
in Chapter 4. For purposes of this Agreement only, the parties agree that the
definition of "Construction and Demolition Waste" in Chapter 4 refers to both
Solid Waste and Recyclables.
g) "Landfill" means the landfill used by Collector for the disposal of C&D Waste
pursuant to this Agreement.
h) "Processing Facility" means the recycling facility, materials recovery facility, or
transfer station used by Collector for the processing of C&D Waste pursuant to
this Agreement.
i) "City Manager" means the City Manager of City or his or her designee.
Section 2. Grant of Collection Rights
The City hereby grants to Collector the non-exclusive right to engage in the business of
collecting, transporting, disposing, and delivery for processing of Construction. and Demolition
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Waste placed in Bins or Boxes by residential or commercial generators in the City. Except as
expressly set forth herein, no other rights are granted Collector.
Section 3. Acceptance of Agreement
Collector hereby accepts this Agreement on the terms and conditions set forth in this
Agreement, the Hidden Hills Municipal Code, and all related ordinances and resolutions.
Execution of this Agreement shall constitute the notification required by Public Resources Code
Section 49520.
Collector hereby waives any right it may
authority of the City to enter into and perform this
assist the City in supporting the legal validity of
event of legal challenge thereto brought or made in
Section 4. Term of Agreement
possess to contest the legal right, power of
Agreement, and agrees to cooperate with and
and authorization for such provisions in the
any manner by a third party.
The term ("Term") of this Agreement shall commence upon the satisfaction of the
conditions precedent set forth in Section 5, and shall expire one year from the effective date of
this Agreement. Notwithstanding the foregoing, the unexcused failure or refusal of Collector to
perform any material term, covenant, obligation or condition contained in this Agreement shall
give rise to the right, in favor of City, to terminate this Agreement for cause in accordance with
the procedures elsewhere contained herein.
Section 5. Conditions Precedent
The effectiveness of this Agreement is subject to Collector's satisfaction of each and all
of the conditions set forth below, each of which may be waived in whole or in part by City.
a) The representation and warranties made by Collector in its Application for
Agreement are true and correct on and as of the effective date.
b) There is no litigation pending on the effective date in any court challenging the
award or execution of this Agreement or seeking to restrain or enjoin its
performance.
c) Collector has furnished evidence of the Insurance required in Section 14 of this
Agreement.
d) Collector has delivered to City evidence satisfactory to the City Manager that
Collector has the authority to provide, or has arranged for, the disposal and
processing rights at authorized landfills and/or processing facilities capable of
recycling Construction and Demolition Waste.
This Agreement shall not become effective and City shall not be obligated to perform the
undertakings provided for in this Agreement unless and until each and all of the conditions set
out in this Section are satisfied, or waived in writing by City. Waiver of any condition to the
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effectiveness of this Agreement will not preclude City from pursuing any claim for breach of this
Agreement.
Section 6. Collector Fees
a) During the term of the Agreement, Collector shall pay to City Collector fees for
the privilege of engaging in the business of collecting, transporting and disposing
of Construction and Demolition Waste kept, accumulated or generated in the City.
b} Collector fees shall be payable on the gross revenues received by Collector for
Construction and Demolition Waste collection service received from customers
located within the City. The Collector fees shall be calculated based on gross
collection revenues prior to Collector imposing Collector fees on its customers.
The initial Collector fee shall be five percent (5%) of such received revenue.
Section 7. Collector Fee Payment
a) Collector fees shall be payable on a monthly basis, and shall be due and payable
on the fifteenth (15) day of the month immediately following the month in which
collection services were provided. Each payment shall be calculated in
accordance with the provisions of this Agreement.
b) The Collector fee shall be paid to: City of Hidden Hills, Attention: City
Manager, 6165 Spring Valley Road, Hidden Hills, CA 91302. Each payment
shall be accompanied by a written statement, verified by the person making the
payment, or a duly authorized representative of the person, showing the
calculation of the Collector fee payable in such form and detail as City may
require and such other information as City may determine is material to a
determination of the amount due. A copy of the calculation worksheet(s) will be
delivered to the City Manager's Office.
c) No statement filed under, this section shall be conclusive as to the matters set forth
in such statement, nor shall the filing of such statement preclude City from
collecting by appropriate action the sum that is actually due and payable.
If Collector fees are not paid by Collector at the times required by this Section,
then in addition to the Collector fees, Collector shall pay a late payment charge in
an amount equal to two percent (2%) of the Collector fee that is due plus interest
equal to one and one-half (1-1/2%) for each month or portion thereof in which the
Collector fee was not timely paid.
d) If Collector remits Collector fees by personal delivery to City, such Collector fees
shall be deemed timely paid only if delivered on or before the due date. If
Collector remits Collector fees by mail or other delivery service, such Collector
fees shall be deemed timely only if (1) the envelope containing the Collector fee
payment bears the postmark or receipt showing that the payment was mailed or
sent on or before the due date or (2) Collector submits proof satisfactory to the
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City Manager that the Collector fee payment was in fact deposited in the mail or
sent on or before the due date.
e) In the event Collector believes that it has paid Collector fees in excess of the fees
due to City, Collector may submit a request for refund to the City Manager. If
proof of overpayment is satisfactory to the City Manager, the City Manager shall
refund to the Collector any overpayment. Collector shall not apply any
overpayment as a credit against any Collector fees or other amounts payable to
City unless specifically so authorized by the City Manager in writing.
Section 8. Ownership of Construction and Demolition Waste
The City does not gain any ownership or right to possess Construction and Demolition
Waste collected by Collector pursuant to this Agreement. Subject to the provisions of this
Agreement, Collector shall have title to and may retain, recycle, process, dispose of, or use the
Construction and Demolition Waste that it collects.
Section 9. Disposal and Diversion of Construction and Demolition Waste
a) Collector shall dispose of Construction and Demolition Waste collected or
transported by Collector only by taking such Construction and Demolition Waste
to a landfill, transfer station, recycling facility or materials recovery facility that is
lawfully authorized to accept such solid waste. Collector shall ensure and
document that at least fifty percent (50%) of the Construction and Demolition
Waste collected is recycled or otherwise diverted from disposal in a landfill.
b) Collector shall ensure that the Disposal Site and Processing Facilities are each
properly permitted and in compliance with Applicable Law at all times during the
term of this Agreement, and that none of them are on or being considered for
inclusion on a State or federal Superfund list, or CIWMB list of Solid Waste
facilities failing to meet State minimum standards. Collector shall immediately
inform City Manager in writing in the event of any non-compliance, and City, in
its sole discretion, shall have the right to require the use of a different Disposal or
Processing Facility, to be selected by Collector. The City Council may also, in its
sole discretion, require the use of a different site at any time during the term of
this Agreement if the Disposal Site or Processing Facility is found to not be in
compliance with the provisions of this Section, and the City Council determines
that the Disposal Site or Processing Facility is not acceptable due to a failure to
comply with the terms of this Agreement or a finding by State or federal
regulatory agencies that it is not in compliance with Applicable Law.
Section 10. Public Access to Collector
A responsible and qualified representative of the Collector shall be available at
Collector's office during office hours, Monday through Friday, 8 a.m. to 5 p.m., for
communication with the City or the public.
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Section 11. Reports
a) Collector shall file with the City Manager a monthly report of the quantities of
Construction and Demolition Waste collected, transported, diverted, and/or
disposed. Such report shall be in such form and detail as required by the City
Manager. Specifically, the report shall contain, but is not limited to, the following
information:
o The Construction and Demolition Waste tonnage collected and removed
from within the City, by address;
o The Construction and Demolition Waste tonnage collected and removed
during the previous month within the City that was diverted, by address,
and the location of the facility where such waste was diverted, with copies
of the receipts issued by the facility;
o The Construction and Demolition Waste tonnage collected and removed
from within the City that was disposed of during the previous month and
the location of the disposal facility where the disposal of such waste
occurred, with copies of the disposal receipts issued by the disposal
facility; and
o Gross revenues earned during previous month.
b) Collector shall maintain monthly records, on forms prescribed by the City
Manager, containing such information as may be required by the City Manager
pertaining to the number and types of accounts served by Collector. This
information shall be provided to the City Manager upon request.
c) The City Manager shall establish guidelines, forms and other appropriate material
to assist Collector in preparing the reports required by this Section. Collector's
failure to file the reports required by this Section should constitute cause for
termination or suspension of its Agreement.
d) If the monthly report required under subsection a) is not filed by the due date, the
report shall be deemed delinquent, and the Collector shall pay to City a delinquent
report charge in the amount of twenty-five dollars ($25.00) per day. Such
delinquent report charge shall be in addition to any Collector fees or other charges
payable by Collector for the same period of time.
e) Each monthly report shall be submitted on or before the fifteenth day of the
calendar month innrnediately following the reportable month and shall be
submitted to: City of Hidden Hills, Attention: City Manager, 6165 Spring Valley
Road, Hidden Hills, CA 91302.
f) As a part of an investigation for terminating this Agreement for cause and upon
the reasonable request of the City Manager, Collector shall submit to City
monthly reports including a listing of each Debris Box size in the City from which
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Collector collected Construction and Demolition Waste during the reporting
month, by address; the number of collections of each listed Debris Box during the
reporting month; the total volume of Construction and Demolition Waste
collected in the City during the reporting month; the total weight (in tons) of
Construction and Demolition Waste disposed of by Collector at landfills and
transfer stations during the reporting month; the total weight and the weight by
material category (in tons) of Construction and Demolition Waste delivered by
Collector to recycling and materials recovery facilities during the reporting
month; the number of service locations by volume (cubic yards) of service
provided; Collector's gross receipts for collection services provided in the City
during the reporting month; and such additional information as may be required
by the City Manager. Such monthly reports shall be prepared in a form as
required by the City Manager.
Section 12. Inspection Authority
a) Collector shall at all times maintain accurate and complete accounts of all
revenues and income arising out of its operations pursuant to this Agreement; any
service complaints received and how they were resolved; all Solid Waste
collected, transported and/or disposed of; the source of such Solid Waste; and the
final destination of such solid waste. Collector's books, accounts and records
reasonably necessary for the enforcement of this Agreement shall be made
available for inspection, examination and audit during the normal business hours
by authorized officers, employees and agents of the City. The City shall provide
Collector written notice at least three (3) business days prior to an inspection,
audit or examination of these records.
b) In the event any audit conducted by the City or by the City's representative
discloses that Collector has made any intentional misrepresentation with respect
to the Agreement fees or its diversion amounts to the City or discloses that
Collector has underpaid Agreement fees due to the City in an amount greater than
One Thousand Dollars ($1,000) or ten percent (10%) of the Agreement fees
payable to the City during the period covered by the audit, whichever amount is
greater, then in addition to any other remedies available to the City, Collector
shall reimburse the City for the City's costs incurred in the performance of the
audit. Such reimbursement shall be paid by Collector, along with any underpaid
Collector fees, ]ate payments and interest, within thirty (30) days of the date the
City notifies Collector of the amount of City's costs.
Section 13. Service Fees
Collector shall set its own service fees for Construction and Demolition Waste collection
services, provided that the City determines that there is reasonable free market competition and
that service fees are fair to the Construction and Demolition Waste collection service customers.
The City reserves the right to establish maximum service fees for Construction and Demolition
Waste collection service with one hundred and twenty (120) days notice to Collector. Such
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maximum service fees, should they be established, will be adjusted annually as determined by
City, at its sole discretion.
Section 14. Insurance Requirements
Collector shall obtain and shall maintain throughout the term of this Agreement, at
Collector's sole cost and expense, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of work pursuant to this
Agreement by Collector, its agents, representatives, employees or contractors.
a) Minimum Scope and Limits of Insurance_ . Collector shall maintain at least the
following minimum insurance coverages:
Comprehensive General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage, and a
$2,000,000 aggregate limit.
Automobile Liability: $2,000,000 combined single limit per accident for
• bodily injury and property damage. Coverage shall include hircd autos
and non -owned autos.
Workers' Compensation and Employers Liability: Workers'
Compensation limits as required by the California Labor Code and
Employers Liability limits of $1,000,000 per accident.
b) Deductibles and Self -Insured Retentions. Any deductibles or self -insured
retention must be approved by the City Manager, who shall have sole and
absolute discretion to approve the deductibles or self -insured retention, or to
require reduction of such limits, as he or she deems necessary. Collector shall be
responsible for payment of all deductibles or self -insured retention.
c) Other Insurance Provisions. The required insurance policies are to contain, or be
endorsed to contain, the following provisions:
1) General Liability and Automobile Liability Coverages.
a. City, its officers, employees, agents and contractors are to be
covered as an additional insured as respects: liability arising out of
activities performed by, or on behalf of Collector; products and
completed operations of Collector; premises owned, leased or used
by Collector; and automobiles owned, leased, hired or borrowed by
Collector. The coverage shall contain no special limitations of the
scope of protection afforded to City, its officers, employees and
agents and contractors.
b. Collector's insurance coverage shall be primary insurance as
respects City, its officers, employees, agents and contractors. Any
insurance or self-insurance maintained by City, its officers,
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employees, agents or contractors shall be excess of Collector's
insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to City, its officers, employees,
agents or contractors.
d. Coverage shall state that Collector's insurance shall apply
separately to each insured against whom claim is made or suite is
brought, except with respect to the limits of the insurer's liability.
2) All Coverages. Each insurance policy required by this Agreement shall be
endorsed to state that coverage shall not be suspended, voided, canceled,
or reduced in limits except after thirty (30) days' prior written notice has
been given to City.
d) Placement of Insurance. Insurance shall be placed with insurers acceptable to the
City Manager. Collector must place insurance with a current A.M. Best rating of
no less than A: VII. The City Manager may waive or alter this requirement, or
accept self-insurance in lieu of any required policy of insurance if, in the opinion
of the City Manager, the interest of City and the general public are adequately
protected.
e) Proof of Insurance. Collector shall furnish City with certificates of insurance and
with original endorsements affecting coverage required by this Agreement. The
certificates and endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. Proof of
insurance shall be mailed or personally delivered to the address provided in
Section 24 of this Agreement.
Collector acknowledges that this Agreement will not become effective, and
Collector will have no authority to perform Construction and Demolition Waste
collection in the City, unless Collector provides satisfactory proof of insurance
prior to beginning operations as a Collector.
Section 15. Indemnity
Collector agrees to defend, with counsel agreed upon by both parties, indemnify, and
hold harmless City, and its agents, officers, servants, and employees from and against any and all
claims asserted or liability established for damages or injuries to any person or property,
including injury to City's employees, agents or officers which arise from, or are connected with
or are caused by willful or negligent acts or omissions of Collector, or its agents, officers or
employees, in the performance of this Agreement, or in performing the work or services herein,
and all costs and expenses of investigating and defending against same; provided, however, that
Collector's duty to indemnify and hold harmless shall not include any claims or liability arising
solely from the negligence or willful misconduct of City, its agent, officers, servants and
employees.
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Section 16. Equipment
a) Any and all vehicles used by Collector to perform Construction and Demolition
Waste collection services shall comply with all applicable laws, including but not
limited to the requirements of the California Air Resources Board and the
requirements of the City.
b) All equipment used or provided by Collector shall be kept in a safe and sanitary
condition. Vehicles and containers shall be cleaned and painted as needed, as
determined by City.
Section 17. Abandoned Containers
a) If Collector abandons any container used to provide Construction and Demolition
Waste services in the City, City may remove the container and/or dispose of the
contents of the container. If City removes a container abandoned by Collector
and/or disposes of the contents of any container abandoned by Collector, City
may charge Collector for City's costs incurred in such removal/disposal, and
Collector shall pay City's costs within ten (10) days of the date of City's invoice
for such costs.
b) For the purposes of this Section, "abandoned" includes:
1) Collector's failure to remove the container within the time period specified
by City upon termination of this Agreement;
2) Collector's failure to remove the container within a reasonable period after
the expiration of this Agreement, where Collector has not been granted a
subsequent Construction and Demolition Waste Collection Agreement
authorizing Collector to collect and transport the type or types of
Construction and Demolition Waste for which the container was used
pursuant to this Agreement.
3) Collector's failure to dispose of the contents of the container within five
(5) days after the City Manager issues written notice to Collector to
dispose of the contents.
Section 18. Collector Provided Construction and Demolition Debris Containers
a) General. Containers used for storage of Construction and Demolition Waste shall
be designed and constructed to be watertight and prevent the leakage of liquid.
All containers shall be painted and shall prominently display the name of the
Collector, and shall include close -fitting covers.
b) Cleaning, Painting, Maintenance. Collector shall make reasonable efforts to
replace, clean or repaint all containers as needed so as to present a clean
appearance.
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Section 19. Personnel
a) Driver Qualifications. Collector agrees that all drivers shall be trained and
qualified in the operation of collection vehicles and must have in effect a valid
license, of the appropriate class, issued by the California Department of Motor
Vehicles.
b) Safety Training. Collector shall provide suitable operational and safety training
for all of its employees who utilize or operate vehicles or equipment for collection
of Construction and Demolition Waste, or who are otherwise directly involved in
such collection.
Section 20. Compliance With Law
In providing the services required under this Agreement, Collector shall at all times, at its
sole cost, comply with all applicable laws of the United States, the State of California, City
(including but not limited to Chapter 4, which is incorporated herein by this reference) and other
states, cities or counties which may have jurisdiction over any service provided in this
Agreement and with all applicable regulations promulgated by any federal, state, regional or
local administrative and deregulatory agency, now in force and as they may be enacted, issued or
amended during the term of this Agreement.
Collector shall perform all collection, transportation and disposal operations in
accordance with applicable federal, state, and local law, in accordance with all regulations
promulgated under such laws, and in accordance with the terms and conditions of this
Agreement.
Section 21. Permits and Licenses
Collector shall obtain and maintain, at Collector's sole cost and expense, all permits and
licenses applicable to Collector's operations under this Agreement required of Collector by any
governmental agency.
Section 22. Default, Termination
a) Default. City shall provide written notice of a material default or failure to
comply with any obligation or duty imposed on Collector by this Agreement or
the Hidden Hills Municipal Code. The City Manager and Collector shall
thereupon meet and confer in good faith in an effort to agree on a resolution and
cure of the breach. If the parties are unable to agree on the informal resolution or
cure of the breach with ten (10) business days, the City Manager shall have the
right to terminate this Agreement. If Collector fails to correct such default or fails
to take reasonable steps to commence to correct such default within thirty (30)
days from the date of the notice given by City and Collector thereafter fails to
diligently continue to take reasonable steps to correct such default, City shall then
provide notice of termination in accord with subsection "e" of this Section.
.H3820-0001\751274v4.doc 11 10/30/2006
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b) The following events shall also constitute a material breach and default under this
Agreement:
1) Misrepresentation. Any misrepresentation or disclosure made to City by
the Collector in connection with or as an inducement to entering this
Agreement or any future amendment to this Agreement, which proves to
be false or misleading in any material respect as of the time that
representation or disclosure is made, whether or not any such
representation or disclosure appears as a part of this Agreement.
2) Fraud or Deceit. If Collector practices, or attempts to practice, any fraud
or deceit upon City.
3) Failure to Maintain Coverage. If Collector fails to provide or maintain in
full force and effect the Worker's Compensation, liability, or
indemnification coverage as required by this Agreement.
4) Violations of Regulation. If Collector violates any permits, orders or filing
of any regulatory body having jurisdiction over Collector, which violation
or non-compliance materially affects Collector's ability to perform under
this Agreement, provided that Collector may contest any such orders or
filings by appropriate proceedings conducted in good faith, in which case
no breach of the Agreement shall be deemed to have occurred during the
pendency of the contestation or appeal, to the extent the Collector is able
to adequately perform during that period.
5) Acts or Omissions. Any other act or omission by Collector which
materially violates the terms, conditions, or requirements of this
Agreement, Chapter 4 or other portions of the Hidden Hills Municipal
Code, AB 939, as they may be amended from time to time, or any order,
directive, rule, or regulation issued hereunder and which is not corrected
or remedied within the time set in the written notice of the breach within
the time set forth in such notices.
6) Challenge to terms •of the Agreement. Challenge of any of the terms
herein in a court of law or legislative body. By entering into this
Agreement, the Collector agrees to all of its terms.
7) Termination of Service. In the case of a breach related to the above
sections, and the breach continues for more than thirty (30) calendar days
after written notice from the City Manager for the correction thereof,
provided that where such breach cannot be cured within such thirty (30)
day period, the Collector shall not be in default of this Agreement if
Collector shall have commenced such action required to cure the particular
breach within ten (10) calendar days after such notice, and it continues
such performance diligently until completed.
H3820-00011751274v4.doc 12
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8) Failure to divert at least 50% of the waste from disposal in a landfill. If
the Collector fails to divert at least 50% of the waste from disposal in a
landfill for any six (6) month period.
c) Termination. Upon the occurrence of a material breach, failure to cure will result
in a notice of termination of this Agreement by City. The City Manager shall
serve written notice, either personally or by registered or certified mail, postage
prepaid of the termination of this Agreement to the last place of business of
Collector.
d) Any Collector whose Agreement has been terminated has the right to an appeal
hearing before the City Council, if Collector requests such a hearing in writing to
the City Clerk within ten (10) calendar days after receipt of notice of termination.
The City Council shall hold the appeal hearing not later than sixty (60) days
following the receipt of the written request if requested by Collector. The Clerk
shall give written notice of the time, date and place of the appeal hearing to
Collector and the City Manager. The City Council shall render its decision within
forty-five (45) days after the close of the appeal hearing and its decision shall be
final; provided, however, that nothing herein shall limit Collector's right to seek
judicial review or remedies. If Collector requests such an appeal hearing,
Collector may continue collecting and transporting or disposing of Solid Waste
until City has rendered its decision on the termination of the Agreement.
e) Force Majeure. The performance of this Agreement may be discontinued or
temporarily suspended in the event of Force Majeure. Collector shall not be
deemed to be in default and shall not be liable for failure to perform under this
Agreement if Collector's performance is prevented or delayed by Force Majeure.
Force Majeure means acts of God including landslides, lightening, forest fires,
storms, floods, freezing, earthquakes, civil disturbances, lockouts, wars,
blockades, public riots, explosions, or government restraint.
Section 23. Conditions Upon Termination
a) In the event that this Agreement is terminated:
1) Collector shall have no right or authority to engage in Construction and
Demolition Waste collection, transportation or disposal operations in the
City.
2) Collector shall, however, remain liable to the City for any and all
Collector fees that would otherwise be payable by Collector, for any and
all late payment charges and interest assessed pursuant to Section 7 of this
Agreement, for any and all delinquent report charges assessed pursuant to
Section 11 of this Agreement, and for any indemnity obligations under
Section 15.
3) Collector shall have a continuing obligation to submit to the City all
reports required by Section 11 of this Agreement which relate to
H3820-0001\751274v4.doc 13
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Construction and Demolition Waste or recycling activities performed by
Collector up to and including the date of termination.
4) Collector shall allow the Construction and Demolition Waste generators
served by Collector to arrange for Construction and Demolition Waste
collection services with a Collector authorized to perform such services,
without penalty or liability for breach of contract on the part of the
generators.
b) In the event this Agreement is terminated, then within the time period specified by
City and if directed by the City Manager, Collector shall remove all of Collector's
Construction and Demolition Waste Debris Boxes from all of Collector's
collection service locations and shall properly dispose of all Construction and
Demolition Waste or recyclables in such containers.
c) In the event this Agreement is terminated, then within ten (10) days of such
termination or expiration and upon notification by the City Manager to do so,
Collector shall:
1) Submit to the City Manager a list of the names and addresses of
Construction and Demolition Waste and/or recyclable generators in the
City for which Collector provided services as of the date of termination or
expiration (i.e., Collector's customers list); and
2) Send written notification to each Construction and Demolition Waste
generator on Collector's customer list that Collector is no longer
authorized to provide Construction and Demolition Waste services in the
City. Such notification shall be personally delivered or shall be sent by
first class mail, postage prepaid, to the customers billing address.
Collector shall submit to the City Manager an affidavit, signed under
penalty of perjury, stating that the required notification has been provided
by Collector to all of Collector's customers in the City.
Section 24. Notices
Except as otherwise provided in this Agreement, all notices required by this Agreement
shall be given by personal service or by deposit in the United States mail, postage pre -paid and
return receipt requested, addressed to the parties as follows:
To City:
City Manager
City of Hidden Hills
6165 Spring Valley Road
Hidden Hills, CA 91302
H3820-0001\751274v4.doc 14 10/30/2006
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To Collector:
Notice shall be deemed effective on the date personally served or, if mailed, three days
after the date deposited in the mail.
Section 25. Relationship of Parties
The parties intend that Collector shall perform the services required by this Agreement as
an independent contractor and not as an officer or employee neither of City nor as a partner of or
joint venture with City. No employee or agent of Collector shall be deemed to be an employee
or agent of City. Except as expressly provided herein, Collector shall have the exclusive control
over the manner and means of conducting the Construction and Demolition Waste collection
services performed under this Agreement and all persons performing such services.
Collector agrees that this Agreement is not made in the interest of, or on behalf of, any
undisclosed person, partnership, association, organization or corporation. Collector has not
directly or indirectly colluded, conspired, connived or agreed with any person, partnership,
association, organization, or corporation to secure any advantage against City.
Section 26. Governing Law
This Agreement shall be governed by, and construed and enforced in accordance with,
the laws of the State of California and the United States.
Section 27. Jurisdiction
Any lawsuits between the parties arising out of this Agreement shall be brought and
concluded in the courts of the State of California, which shall have exclusive jurisdiction over
such lawsuits. With respect to venue, the parties agree that this Agreement is made in and will
be performed in the City. Federal courts may have jurisdiction over certain lawsuits arising from
this Agreement and these should be brought and concluded within the Central District of
California.
Section 28. Assignment
No assignment without prior approval of the City Manager. Collector shall promptly
notify the City Manager in writing in advance of any proposed assignment, sale, or transfer. In
the event the City approves of any assignment, sale, or transfer, such approval shall not relieve
Collector of any of its obligations or duties under this Agreement unless this Agreement is
modified in writing to that effect.
Section 29. Binding on Successors
The provisions of this Agreement shall inure to the benefit of and be binding on the
successors and permitted assigns of the parties.
H3820-0001\751274 v 4. d o c
15
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Section 30. Waiver
The waiver by either party of any breach or violation of any provisions of this Agreement
shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the
other party of any provisions of this Agreement.
Section 31. Collector's Investigation
Collector has made an independent investigation (satisfactory to it) of the conditions and
circumstances surrounding the Agreement and the work to be performed by it.
Section 32. Notice
The parties agree that in the event the City determines to change the system from a non-
exclusive Agreement system to an exclusive Agreement system, Collector shall be entitled to
notice of one hundred and twenty (120) days prior to the expiration of this Agreement. The
parties acknowledge that this Agreement fulfills the City's obligations under Section 49520
through 49524 of the Public Resources Code.
Section 33. Entire Agreement
This Agreement, including the Exhibits, represents the full and entire Agreement between
the parties with respect to the matters covered herein.
Section 34. Interpretation
This Agreement shall be interpreted and construed reasonably and neither for nor against
either party, regardless of the degree to which either party participated in its drafting.
Section 35. Amendment
This Agreement may not be modified or amended in any respect except by a written
agreement duly approved and signed by the parties.
Section 36. Severability
If any nonmaterial provision of this Agreement is for any reason deemed to be invalid
and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the
remaining provisions of this Agreement, which shall be enforced as if such invalid or
unenforceable provision had not been contained herein.
H3820-0001\751274v4.doc 16 10/30/2006
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;8187190083 # 21/ 37
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
ATTEST:
Cherie L. Paglia, City Manager/City Clerk
H3820-0001\75I274v4.doc
17
City of Hidden Hills, a municipal
corporation
By
Stuart Siegel
Mayor
Collector
Company Name
By
Title
And
By
Title
10/30/2006
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CITY OF HIDDEN HILLS
RECYCLING AND WASTE REDUCTION FORM
(Construction and demolition recycling/diversion required for all construction,
remodeling, or demolition projects involving 1,000 square feet or having an
estimated cost of $50,000 or more)
This Document includes the following sections:
I. Recycling and Waste Reduction Application (Must be submitted prior to
issuance of the Building Permit)
II. Construction and Demolition Recycling Requirements: Building Permit
Applicant Guidelines
III. Sample Construction & Demolition Waste Worksheet
IV. Certification of C&D Materials Re -used Offsite (optional)
V. Recycling and Waste Reduction Final Compliance Report (Must be
submitted when project is completed with receipts from disposal and
recycling facilities to get performance deposit returned)
VI. Construction and Demolition Haulers (Only those haulers under current
City agreement may collect waste materials within the City limit)
2-29-08; 1:3SPM;CITY OF HIDDEN HILLS
;8187190083 # 23/ 37
Section
C&D Recycling and Waste Reduction Application
Please complete and submit this application with your building permit application. An
application fee of $264 is required. For more information and questions, please call Building
and Safety at (818) 888-9281.
Date:
Project(s): Demolition New Construction Alteration Addition
Project Square Footage:
Project Valuation:
Estimated tons of waste to be hauled from this location as a result of permit activities:
(see C&D Waste Worksheet and Conversion Table)
Estimated Diversion Rate (Reused offsite, recycled, landfill alternate daily cover):
Project Site Address:
Prepared by (print):
Contractor
Owner Other
Mailing Address:
Briefly describe your project:
Phone:
FAX:
E -Mail:
Schedule: Estimated start date Estimated completion date:
DO NOT WRITE BELOW THIS LINE. FOR USE BY CITY STAFF ONLY
Recycling and Waste Reduction Application Results
Application Fee Date:
RWR Reviewed By: Phone Number
Deposit: ($50/ton - minimum $1,500) Date:
RWR Application Approved: Yes No Date:
Comments:
Hidden Hills Recycle and Waste Reduction Forin
Section 1
Page 1 of 8
2-29-08; 1:35PM;CITY OF HIDDEN HILLS ;8187190083
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Project Address:
Section 1
C&D Recycling and Waste Reduction Application
For each of the following categories of recycling, reuse and disposal activities, describe those
strategies you plan to utilize for the project listed above.
1.
Materials to be salvaged for offsite re -use:
Yes
No
la
Do you plan to salvage materials from this project to re -use on offsite
projects?
If you checked yes to question 1 a, please list the
items that will be salvaged for offsite use:
1b
Doors, windows, jambs, casing toilets, sinks, other fixtures,
hardwoods, wood siding, cabinets and shelving, carpet and pad,
bricks, acoustical ceiling, lights, fans, ceramic roof tiles, structural
materials, reusable lumber, bricks, other items (please list):
An approved certification (Section TV) is required
prior to removal of materials salvaged from the site.
2.
3.
4.
5.
2.
Source separation of materials:
Yes
No
2a
Do you plan to source separate any materials for recycling on this project?
(e.g. separation of items such as wood, concrete, metal into separate bins for delivery to a
recycling facility that will process for recycling)
2b
Note the hauler and facilities to be
utilized for each material you plan
to source separate:
Materials
Hauler
Facility
3.
Inert fill use — alternate daily cover (ADC):
Yes
No
3a
Please note whether any source separated dirt or mix inerts (concrete,
asphalt, etc.) will be delivered to landfill and used as alternate daily cover
(ADC). ADC will count as diverted material.
3b
If yes, please note material and
destination.
Materials
Facility
Hidden Hills Recycle and Waste Reduction Form
Section I
Page 2 of 8
3
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Section I
C&D Recycling and Waste Reduction Application
4.
Mixed C&D recycling facilities:
Yes
No
4a
Will any materials from this project be delivered to a mixed C&D recycling
facility?
4b
If yes, please note the facility or facilities.
Facility
5.
Disposal at a landfill or transfer station:
Yes
No
5a
Will any materials from this project be disposed of at a landfill or transfer
station?
5b
If yes, please list the landfill(s) or transfer
station(s).
Landfill(s) or Transfer Station(s)
6.
Educational strategies:
Describe how you plan to inform and ensure participation by your employees and any
subcontractors of your diversion goals and Recycling and Waste Reduction activities.
Hidden Hills Recycle and Waste Reduction Form
Section 1
Page 3 of 8
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Section 1
C&D Recycling and Waste Reduction Application
Estimation of C&D Waste That Will Be Reused, Recycled, and Disposed
For "Type of Activity", note whether recycling, salvaging for offsite reuse, inert fill and ADC, transfer
station, landfill, or mixed C&D recycling will occur.
Type of Material
Type of
Activity
(See list
Above)
Total
Quantities
(In Tons)*
Total
Diverted
(In
Tons)*
Total
Disposed
(In
Tons)*
Facility Used (Where
materials will be taken —
please list names of
recycling facilities, transfer
stations, landfills, etc.)
r b N
f bFT,iVt j;{�:.
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TOTAL*
il T
age to be consistent with attached C&D Waste Worksheet. Use attached C&D Conversion
Table, if appropriate. Estimate in pounds, where necessary, and convert to partial tons.
Estimated Diversion Rate (Total Diverted/Total Quantities):
Hidden Hills Recycle and Waste Reduction Form
Section 1
Page 4 of 8
Section I
Construction and Demolition Waste Worksheet (refer to example for instructions - Section 111)
A
5
C
D
E
F
G
H
I
J
1
Construction Waste (Ibs)
2
Demolition Waste (lbs)
(same as
3
Material
Height
Unit
Unit Wt. (lbs)
Quantity
(column G x column
H)
column I x %?)*
4
5
WOOD FRAME CONSTRUCTION
6
Ext, walls/stucco (2x4)
8'
LF
108
7
Ext. walls/wood (2x4)
8'
LF
'
56
8
Ext. walls/composite siding (2x4)
8'
LF
60
9
Ext. walls/masonry
veneer
10
concrete
SF
12
11
granite
SF
30
12
tile
SF
14
13
marble
SF
13
14
15
Partition walls/gyp (2x4)
8'
LF
64
16
each additional ft. of height
8
17
Int. walls/lath & plaster (2x4)
8'
LF
172
18
19
Roof frame/conventional with ceil.joists/gyp
SF
5.6
20
Roof frame conventional/vaulted/gypsum
SF
4.5 •
21
Roof frame/truss/gypsum
SF
6.63
22
23
Floor/ceiling conventional/gypsum/3/4" ply
SF
6.45
24
Floor/ceiling truss/3/4" ply/gypsum
SF
5.35
25
26
METAL FRAME CONSTRUCTION
27
Partition walls/gyp
8'
LF
48
28
each additional ft. of height
6
29
i
30
CONCRETE
31
3" slab
SF
32
32
per add. inch
SF
11
33
34
Reinforced concrete
CF
138
35
(foundations = 2 CF/LF)
36
Hidden Hills Recycle and Waste Reductio i Form
Section 1
Page 5 of 8
w
N
U
0
0
m
0
0
m
r
r
N
w
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co
w
Section I
Construction and Demolition Waste Worksheet
A
B
C
D
E
F
G
H
I
J
1
Construction Waste (Ibs)
2
Demolition Waste (Ibs)
(same as
3
Material
Height
Unit
Unit Wt. (Ibs)
Quantity
(column G x column H)
column I x %?)*
4
5
MASONRY
6
6" cmu/4 ft
high
LF
200
7
per additional
ft.
LF
50
8.
I
9
8" cmu/4 ft.
LF
220
•
10
per additional
ft.
LF
55
11
12
ROOFING
-
13
Wood shingle
SF
2.8
14
Wood shake
SF
4
15
Composition
SF
2.5
16
Concrete
Tile
SF
9.5
17
Lightweight
concrete
SF
7
18
Clay Tile
I
SF
15
19
Clay Tile built
up
SF
18
20
3 -ply built
up
SF
65
21
22
MISC
23
Glass block
SF
18
24
Storefront
glass
SF
6.56
25
^26
Hardwood
flooring
SF
4
Tile flooring/walls
SF
3
27
Carpeting
SF
0.25
28
Asphalt
SF
6.8
29
Lightweight
concrete pavers
SF
6
30
Solid core
doors
3'x80"
100
31
I
32
Patio Cover
(lattice)
33
2X6 construction
with
posts
SF
1.6
34
35
Decks
SF
5.8
36
37
Piping (ABS,
PVC)
38
39
4"
LF
1.3
3"
LF
0.98
40
2"
LF
0.66
Hidden Hills Recycle Waste Reduction Forn
Section
Page 6 of 8
N
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m
0
0
co
w
Y;>J,f�31
Section I
Construction and Demolition Waste Worksheet
A
B
C
D
E
F
G
H
I
J
1
Construction Waste (lbs)
2
Demolition Waste (lbs)
(same as
3
Material
Height
Unit
Unit Wt. (lbs)
Quantity
(column G x column H)
column I x %?)*
4
5
Clay
6
8"
LF
6.3
7
8
4"
LF
3.8
9
Other
10
(describe)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Demolition
waste in pounds
lbs
31
Construction waste in pounds*
lbs
32
Total waste in pounds
Total in
_33
34
waste tons (Total waste in pounds/2000)
lbs
35
* Builder
tons
may estimate construction waste as a % of total constuction weight (10% may be used for simplicity)
Hidden Hills Recycle and Waste Reduction Form
Section I
Page 7 of 8
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Section IV
Certification of C &D Materials to be Re -used Off -site (Optional)
City of Hidden Hills
Building and Safety
6165 Spring Valley Road
Hidden Hills, California 91302
(Permittee Name) (Building Permit #)
(Company Name) (Project Address/Location)
Attn: Department of Building and Safety
Pursuant to the City of Hidden Hills' C&D program, I will be salvaging material from the project
address, which is to be re -used offsite. As such, I hereby request credit for this material toward my
diversion rate requirement. I further certify, under penalty of perjury, that the following material is to
be diverted away from a landfill and will be reused as noted below:
Salvage Material
Weight (in tons) Offsite Re -use Location/Facility (address)
(Permittee's Signature) (Date)
I certify that I am the owner or authorized agent of the property where the salvaged material is to be
re -used. I further certify, under penalty of perjury, that the material listed above will be re -used on my
property and diverted from a landfill. •
(Signature of Owner/Agent of property (Date)
where salvaged material will be re -used)
Building Official Approval (Date)
Hidden Hills Recycle and Waste Reduction Form
Section IV
Page 1 of!
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Section I
C&D Recycling and Waste Reduction Application
C&D Conversion Table
(volume to weight)
The following table provides conversions from cubic yards to tons for some commonly used materials,
when scales are not practical or available. This table may be used when salvaging material for offsite
use, if a facility does not have scales, or if the load is so small that the facility charges a flat rate
instead of weighing it.
✓
Check each conversion being used
Mixed Structural C&D Materials
1 cubic yard
=
0.25 tons
Mixed Inerts
1 cubic yard
=
1 ton
Dirt, Brick, Concrete, Asphalt (separated from other
materials)
1 cubic yard
=
1 ton
Loose Lumber
1 cubic yard
=
0.075 tons
Asphalt Shingles .
1 cubic yard
=
0.21 tons
Asphalt/Tar Roofing
1 cubic yard
=
1.46 tons
Wood Shake Shingle Roofing
1 cubic yard
=
0.22 tons
Metals
1 cubic yard
=
0.45 tons
Yard Trimmings
1 cubic yard
=
0.05 tons
Sheetrock
1 cubic yard
=
0.20 tons
Note:
If you believe you have justification for using a different conversion than above, please explain below.
Please remember to reference and submit this table with your Recycling and Waste
Reduction Application or Final Compliance Report if you use volume to weight conversions
to calculate recycled or disposed tonnages.
Hidden Hills Recycle and Waste Reduction Form
Section 1
Page 8 of 8
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Section 11
Construction and Demolition (C&D) Recycling Requirements Building Permit
Applicant Guidelines
Construction and Demolition Debris Ordinance No. 313
On December 8, 2003 the City of Hidden Hills passed an ordinance that requires the recycling, reuse
or other diversion of (50%) of all construction or demolition debris generated from all non-exempt
construction, remodeling or demolition projects within the City. The goal of the Ordinance is to
protect the health, safety and welfare of City residents and to meet the requirement of Assembly Bill
939, which mandates all cities to divert 50% of all waste generated from landfill disposal.
Under the Construction and Demolition (C&D) Ordinance, there are some documents and a
performance deposit that must be submitted as part of the building permit application process that
demonstrate the permit applicant's intent and ability to divert 50% of the waste, generated by the
project, from landfill disposal through recycling and reuse of materials. The Ordinance further
requires that documentation of the 50% diversion rate be submitted at the completion of the project as
a condition of returning the performance deposit.
Types of projects covered by this Ordinance - "Covered Projects"
All private construction or demolition projects which involve more than 1,000 square feet or in which
the total estimated cost is more than $50,000 are subject to the requirements of the Ordinance.
However, with respect to all projects, applicants will be encouraged to recycle, reuse or divert as much
construction or demolition debris as practicable.
Diversion Rate Requirement
A diversion rate of 50% is required for all waste generated by each Covered Project.
Permit Application Requirements
As part of the building permit application, applicants for Covered Projects must comply with the
following requirements as part of the building or demolition permit process:
1. Applicants must complete and submit a City -approved Recycling and Waste Reduction
Application (RWR Application — Section I).
2. Applicants shall pay a non-refundable application fee of two hundred sixty four dollars
($264.00).
3. Applicants must submit a cash deposit, letter of credit or cashiers check in the amount
of fifty ($50.00) for each estimated ton of construction or demolition debris, but not
less that one thousand five hundred dollars ($1,500.00). The deposit shall be returned,
without interest, upon proof to the satisfaction of the Building Official that no less than
Hidden Hills Recycle and Waste Reduction Form
Section II
Page I of 2 •
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# 33/ 37
Section 11
C&D Recycling and Waste Reduction Application
the required percentage of tons of construction or demolition debris generated by the
project has been recycled, reused or diverted. If a lesser percentage of tons than
required is recycled, reused or diverted, a proportionate share of the deposit will be
returned. The deposit shall be forfeited entirely if there is a failure to comply with the
requirements of this article.
Applicants for building permits on all Covered Projects must have their RWR Application reviewed
and approved by City staff prior to the issuance of any building or demolition permit. A C&D
recycling application should be submitted at time of plan check, for City review and approval. C&D
applications will be reviewed by the plan checker and will not be approved at the counter.
Demonstrating compliance with the diversion requirements and obtaining release of the
performance deposit
Within 30 days after the completion of any Covered Project, the permit applicant must submit a
Recycling and Waste Reduction Final Compliance Report (RWR Report — Section V) describing the
efforts used to meet the diversion requirements and quantifying diversion rates. .Receipts documenting
the actual weight or volume of all materials recycled, reused, or disposed of from the project must be
attached to the RWR Report.
City staff will review the information and determine whether the applicant has fully complied with the
diversion requirements of the Ordinance. If the City determines that documentation demonstrates full
compliance with the Ordinance, the fullperformance security shall be returned. If the diversion
requirements have not been met, the City will return a portion of the performance security equivalent
to the extent to which the project has met the 50% diversion requirement (e.g. if only half of the
diversion goal has been reached, only half of the performance security will be returned). The balance
of the performance security will be forfeited.
Exemptions from diversion requirements
An applicant may apply for an exemption to the 50% diversion requirement at the time of the
submittal of the RWR Application. The RWR Application must still be filled out, with data indicating
what diversion percentage the applicant considers feasible. In addition, a request for a waiver must be
submitted that indicates the reasons the applicant is requesting an exemption from the diversion
requirements. Exemptions will be considered based on lack of on -site storage space, contamination by
hazardous materials, and low recyclability of specific materials. Exemption requests must be
approved prior to issuance of the building permit.
Technical assistance to applicants
The City has provided information about construction and demolition haulers in the area (see C&D
Haulers, Processing Facilities and Material Recovery Facilities at the back of this document — Section
VI). A copy of the C&D Ordinance can be obtained at City Hall. For questions about the ordinance
or required City forms, contact the Building and Safety Department at (818) 888-9281.
Hidden Hills Recycle and Waste Reduction Form
Section 11
Page 2 oft
Section 111
EXAMPLE Construction and Demolition Waste Worksheet
A
_
B C D L E I F G
H I I
1
2
The City of Hidden Hills has provided the following example for determining the tonnage of your construction and demolition waste.
Following this
example
you will find an actual worksheet which contains approximate unit weights for most common construction materi
3
4
Example:
Partial demolition and reconstruction of a 2 -story home with approximateley 120 square feet of windows on the exterior wall
5
removed. There is a 2 -foot by 1 -foot foundation and a 3 inch slab. The exterior is stucco with a faux stone veneer on the fir
6
feet. The portion of the home to be demolished and reconstructed is approximatlely 20 feet by 40 feet at the foot print. Roo,
7
is lightweight concrete tile. Tile is to be re -used where possible (estimated breakage is 30%). The reconstruction will be es,
8
the same as
that portion
demolished (size and material).
9
10
Demolition Waste (Ibs)
11
12
Material
Height
Unit
Unit Wt. (Ibs)
Quantity
(column G x column H)
13
14
WOOD FRAME CONSTRUCTION
Ext. walls/stucco (2x4)
8'
LF
108
80
108/bs/LFx8OLFx2(stories)= 172801bs
15
16
Ext. walls/masonry veneer
17
concrete
Partition
SF
12
160
121bs/SFx160SF=19201bs
18
walls/gyp (2x4)
Roof
8'
LF
64
40
641bs/LFx4OLF=25601bs
19
frame/conventional with ceil.jois s/gyp
Floor/ceiling
SF
5.6
800
5.601bs/SFx800SF=4480/bs
20
conventional/gypsum/3/4"
ply
SF
6.45
800
6.45/bs/SFx800SF=5160/bs
21
22
CONCRETE
3"
23
slab
Reinforced
SF
_ 32
800
32/bs/SFx800SF=256001bs
24
concrete
CF
138
160*
1381bs/CFx160CF=22080/bs
25
(foundations
= 2 CF/LF)
26
27
ROOFING
Lightweight
28
concrete
SF
7
800
7lbs/SFx800SFx.30(70% reused)=16801bs
29
30
MISC
Carpeting
& Padding
SF
0.25
800
.251bs/SFx800SFx2(stories)=4001bs
31
32
Other (describe)
33
34
Subtract window opening
LF
108
-120
108ibs/8SF(wall weighf)x(-120SF)=-16201bs
35
Demolition
36
waste in pounds
Construction
79,540 lbs
waste in pounds
(Builder assumed 10% waste)
37
Total waste in pounds
38
39
Total waste in tons (Total waste in pounds/2000)
40
* Builder
may estimate construction waste as a % of total construction weight (10% may be used for simplicity)
Hidden Hills Recycle and Waste Reduction. Form
Section 111
Page 1 of 1
Is.
to be
t four
covering
entially
Construction Waste (Ibs)
(same as
column I x %?)*
79,540/bsx0.1 = 7,954 lbs
79540+7954 = 87,494 lbs
43.75 tons
N
(0
o
01
CO
0)
J
(4
0
0
CO
w
2-29-08; 1:35PM;CITY OF HIDDEN HILLS
;8187190083 # 35/ 37
Start date of project
Section V
C&D Recycling and Waste Reduction Final Compliance Report
Must be submitted to Building Official when project is completed with receipts from
disposal and recycling facilities to get performance security returned
Project Address
Date
Prepared by (Print) Phone
Completion date of project
1. Comparison of estimated and actual diversion rates
a. RWR Application estimates: Diversion tons Disposal tons
Estimated diversion rate:
b. Actual: Diverted tons (Recycled , Salvaged and re -used offsite
ADC , other tons)
Actual Disposed tons
Actual diversion rate (all materials):
2. Receipts for diverted and disposed tonnage
Please attach to this report all receipts for tons diverted and disposed from this project, approved
waivers, and certification of materials re -used offsite. Separate receipts by material type (asphalt,
mixed debris, wood etc.) and receiving facility (transfer station, landfill, mixed C&D recycling
facility, etc.) and keep in order by date. At the front of each grouping, attach a summary/total for that
group of receipts.
Hidden Hills Recycle and Waste Reduction Form
Section V
Page 1 of 2
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;8187190083 # 36/ 37
Section V
C&D Recycling and Waste Reduction Final Compliance Report
DO NOT WRITE BELOW THIS LINE. FOR USE BY CITY STAFF ONLY •
Recycling and Waste Reduction Review Results
RWR Compliance reviewed by: Phone:
Estimated diversion rate stated by contractor:
Actual diversion rate:
RWR Compliance Approved: Yes No Date:
If not approved, describe the actions taken by reviewer:
Hidden Hills Recycle and Waste Reduction Form
Section V
Page 2 of 2
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;8187190083
# 37/ 37
Section VI
Construction and Demolition Haulers, Processing Facilities and Material Recovery
Facilities
The permit applicant is responsible for diversion of 50% of all C&D waste and shall retain only
haulers under agreement with the City of Hidden Hills. The agreement verifies that all haulers
understand and will conform with the City's C&D recycling program per Ordinance 313 and as
outlined in this Form. All bins on the construction site shall be readily identifiable as belonging to
either the permittee or a hauler under current agreement with the City of Hidden Hills.
Following is a list of haulers with active agreements:
GI INDUSTRIES
195 W. Los Angeles Street
Simi Valley, California 93065
Phone: (818) 782-2474
LOONEY BINS INC.
11616 Sheldon Street
Sun Valley, California 91352
Phone: (818) 768-7197
J & L Hauling & Disposal Inc.
5416 Mildred Street
Simi Valley, California 93063
Phone: (805) 581-9781
Anderson Rubbish Disposal
4590 Industrial Street
Simi Valley, CA 93063
Phone (805) 526-1919
Hidden Hills Recycle and Waste Reduction Form
Section VI
Page I of l
City `,Eoll.•.y 44/i
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377.7288
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Rolling Hills
will hold a public hearing during their regularly scheduled meeting to be held on. Monday,
February 9, 2009, commencing at 7:30 p.m., in the Council Chambers at City Hall, 2 Portuguese
Bend Road, Rolling Hills, California to consider the following:
ORDINANCE NO. 314: AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 OF THE ROLLING HILLS
MUNICIPAL CODE RELATING TO THE COLLECTION OF SOLID WASTE AND
RECYCLABLES.
Any person wishing to review the documents pertaining to the Ordinance may do so prior to the
public hearing at City Hall, 2 Portuguese Bend Road, Rolling Hills any time during office hours.
The staff report will be available after 4:00 pm .on Thursday, February 5, 2009. City Hall office
hours are Monday through Friday from 7:30 a.m. to 5:00 p.m.
1feid,. Luce
DEPUTY CITY CLERK
Publish once in the Palos Verdes Peninsula News
Thursday, January 29, 2009
Printed on Recycled Paper
ORDINANCE NO. 314
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING
HILLS MUNICIPAL CODE RELATING TO THE COLLECTION
OF SOLID WASTE AND RECYCLABLES
The City Council of the City of Rolling Hills does ordain as follows:
Section 1. Title 8, Chapter 8.08 of the Rolling Hills Municipal Code is amended in its
entirety to read as follows:
Chapter 8.08
SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION*
Sections:
8.08.010 Purpose:
DEFINITIONS •
Sections:
8.08.020 Definitions.
II
FRANCHISES
Sections:
8.08.030 Franchise requirement.
8.08.040 Franchise.
8.08.050 Franchise terms.
8.08.060 Transfer of franchise.
8.08.070 Franchise fee.
8.08.080 Interim suspension.
8.08.090 Appeals.
8.08.100 Council action.
8.08.110 Revocation or modification of franchise..
8.08.120 Notice of hearing on Franchise.
8.08.130 City council decision.
8.08.140 Cessation of operations.
III
GENERAL REOUIREMENTS
Sections:
8.08.150 Collector's liability insurance.
8.08.160 Worker's compensation insurance.
8.08.170 Indemnification.
8.08.180 Bonds.
8.08.190 Responsibility for damages.
8.08.200 Office for inquiries and complaints.
8.08.210 Permits and licenses.
8.08.220 Fees and charges.
8.08.230 Collection rates.
8.08.240 Collection of charges.
8.08.250 Required monthly reports.
8.08.260 City inspection authority.
IV
VEHICLES
Sections:
8.08.270 Vehicle identification.
Ordinance No. 314 -1-
8.08.280 'Amount and type of equipment.
8.08.290 Operation of equipment.
8.08.300 Compliance with vehicle standards.
V
COLLECTION/MANDATORY SERVICE
Sections:
8.08.310 Mandatory service.
8.08.320 Frequency of collection.
8.08.330 Hours of collection.
8.08.340 Litter.
8.08.350 Employees of collector.
8.08.360 Trespass.
8.08.370 Noise.
8.08.380 Ownership.
8.08.390 Disposal.
8.08.400 Resource recovery.
8.08.410 Collection of recyclable materials.
8:08.420 Collection of green waste.
8.08.430 Backyard residential compositing
8.08.440 Prohibited waste.
VI
CONTAINERS
Sections:
8.08.450 Care of containers.
8.08.460 Unauthorized removal from containers.
8.08.470 Tampering with. containers. .
8.08.480 Covering containers for solid waste.
8.08.490 Unauthorized setting out of containers.
8.08.500 Containers at residential premises.
8.08.510 Accumulation of solid waste prohibited.
8.08.520 Placement of containers at residential premises.
8.08.530 Container storage areas.
VII
EXCLUSIONS
Sections:
8.08.540 Residential waste and recyclable exclusion.
8.08.550 Dwellings under construction.
8.08.560 Gardner's exclusion.
8.08.570 Commercial recycler exclusion for source -separated recyclables
8.08.580 Construction or demolition waste.
8.08.010 Purpose.
This Chapter is adopted in accordance with Article XI, §7 of the California Constitution
and Public Resources Code § 40059 et seq., in order to protect the public health, safety,
and well-being, control the spread.of vectors, and to limit sources of air pollution, noise
and traffic from waste hauler vehicles within the City.
1
DEFINITIONS
8.08.020 Definitions.
The following words and phrases, for the purposes of this Chapter, are defined as
follows:
"AB 939" or "Act" means the California Integrated Waste Management Act of 1989,
Public Resources Code Sections 40000, et seq., as they now exist or may subsequently be
amended.
Ordinance No. 314 -2-
Building Official. "Building Official" has the same meaning as the word is used in
Section 15.04.040 of this Code.
"Bulky items" means and includes, without limitation, large and small household
appliances, furniture, carpets, mattresses, tires and oversized yard waste such as tree
trunks and large branches not larger than two feet (2') in diameter and four feet (4') in
length.
"City" means the City of Rolling Hills.
"Collection" means the operation of gathering together and/or transporting by means of a
motor vehicle any classification of solid waste or recyclables within the City.
"Collector" means any person who has been issued a franchise to provide solid waste
and/or recyclable materials collection services in the City.
"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 permit issued under Section 8.08.580.C.
"Construction/Demolition Waste" means any debris resulting from the construction,
modification or demolition of any structure, roadway or property, 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 project.
Construction, Remodeling or Demolition Project. "Construction, Remodeling or.
Demolition Project" means any alteration to a building, structure or landscaping that
requires a building 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, collection and removal of solid waste, recyclables,
construction/demolition waste and green waste.
"Covered Project" means any construction, remodeling or demolition project that is not
exempt pursuant to Section 8.08.580.B.
"Customer" means persons, including both owners and occupiers of residential property
in the City who obtain collection services from a Collector pursuant to this Chapter.
"Designated collection location" means the place where the customer shall place, and
from where a Collector is to collect, solid waste and recyclables in containers designated
for that purpose.
"Disposal" means the complete operation of treating and/or disposing of solid waste after
the collection thereof.
"Divert, Diverted and Diversion" shall have the same meaning as the words are defined
in Public Resources Code § 40124, as amended.
"Electronic hazardous waste" means electronic products that contain hazardous
substances as identified by the California Department of Toxic Substances Control, such
as lead or mercury and include without limitation cathode ray tube (CRT) devices
(including televisions and computer monitors); LCD desktop monitors; laptop computers
with LCD displays; LCD televisions; plasma televisions, and portable DVD players with
LCD screens. Electronic hazardous waste shall not be considered solid waste for
purposes of this Chapter. Electronic waste means any electronic product with a circuit
board or battery, including without limitation personal computers, monitors, televisions,
keyboards, printers, telephones (including cell phones), fax machines, calculators,
copiers, video game systems and audio equipment. Electronic waste shall not be
considered solid waste for purposes of this Chapter.
Ordinance No. 314 -3-
"Franchise agreement" or "Agreement" means the Solid Waste Collection Agreement
entered into between a solid waste enterprise and the City, approved by the City Council
that sets forth all of the rights and obligations of the franchise, consistent with this
Chapter and state law.
"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, the Resource Conservation and Recovery Act
("RCRA"), 42 U.S.C. Sections 6901, et seq., the Comprehensive Environmental
Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et
seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act ("HSAA"),
codified at California Health and Safety Code Sections 25300 et seq.; and all future
amendments to any of them, or as defined by the Environmental Protection Agency, the
California legislature, the California Integrated Waste Management Board, 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.
"Holiday" means:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
"Holiday" also means any other day designated as such in a contract between a Collector
and the labor union serving as the exclusive representative of that Collector's employees,
provided the holiday is established or recognized by resolution of the City Council or in a
franchise agreement between the City and a Collector.
"Manager" or "City Manager" means the City Manager or his/her designee of the City.
"Manure" means the waste droppings or matter from any animal normally accumulated
and associated with stables or livestock and not disposed of through sewers or on -site
wastewater systems.
"Notice" means notice sent by first-class certified mail, or facsimile or email delivery if
agreed to by the parties under the franchise agreement.
"Officer" means the president, vice-president, treasurer or other duly designated
representative of a Collector.
"Parcel of real property" means a parcel of real property as shown on the local secured
tax rolls of the County of Los Angeles.
"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.
"Permittee" means any person that had applied for and received a building or demolition
permit to undertake a construction, remodeling or demolition project covered by this
ordinance within the City.
"Public agency" means any governmental agency or department thereof, whether federal,
state, or local.
Ordinance No. 314 -4-
"Recyclable materials" means reusable waste materials, including but not limited to
metal, glass, plastic and paper, cardboard, and green waste, that are to be collected,
separated or processed and used as raw materials.
"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 material 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 in Public Resources Code Section
40201.
"Residential premises" means any residential property in the City.
"Service yard" means a yard surrounding portion of a residential dwelling required under
the Rolling Hills Zoning Ordinance and/or the Rolling Hills Community Association
Rules, and enclosed by a fence or wall.
"Solid waste" means garbage, green waste, manure, vegetable or animal solid or
semisolid wastes, recyclables, or rubbish of every kind and character, that is generated or
accumulates in residential and public facilities. Solid waste must be generated by and at
the physical location wherein the solid waste is collected and does not include electronic
waste, electronic hazardous waste or hazardous waste. Solid waste includes:
A. Garbage. All 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.
B. Green Waste. Any vegetative matter resulting from regular and routine yard
and landscaping maintenance or seasonal variations. Green waste includes plant debris,
such as grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps,
flowers, plant stalks, wood and other forms of organic waste not more than five feet in its
longest dimension or with a diameter not more than six inches or weights not more than
fifty pounds.
C. Rubbish means without limitation, accumulation of unwanted material to be
disposed of such as paper, polystyrene, excelsior, pottery, rags, cloth, boxes and
containers, sweep -ups and all other accumulations of a nature other than garbage, green
waste or recyclable materials.
"Solid waste enterprise" means any person, partnership, joint venture, unincorporated
private organization or private corporation regularly engaged in the business of providing
solid waste handling services. This definition does not include persons providing tree
trimming or brush clearance services.
"Tonnage form" means the document adopted by the City Council which is used to
determine the net amount of solid waste and/or recyclables disposed of in a permitted or
certified facility.
"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" means the process of moving solid waste through the City.
"Waste disposal facility" or "facility" means any landfill, transfer station, incinerator,
land reclamation project, recycling facility or other similar site or facility which is used
or intended to be used for the transfer, consolidation, processing or disposal of solid
waste or recyclables.
Ordinance No. 314 -5-
"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.
11
FRANCHISES
8.08.030 Franchise requirement.
The City Council may authorize, by franchise, a solid waste enterprise to provide
solid waste collection and recycling services for residential users or customers in the
City. In the sole discretion of the City Council, the solid waste handling services may be
authorized on an exclusive or nonexclusive basis, and 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. Except as otherwise provided for in this Chapter, no person shall
collect and/or dispose of solid waste or recyclables in the City without having first been
awarded a solid waste collector franchise and entered into a franchise agreement with the
City or after having received a limited permit for collection of construction and
demolition waste pursuant to Section 8.08.580. A franchise shall be in addition to any
business license or permit otherwise required by the City. All such franchisees shall
comply with all of the requirements of this Chapter. Except as specified in the Franchise
Agreement, the City retains the rights and power that it has under applicable laws and
nothing in the Franchise Agreement may be construed to waive any of the City's
govcmmental rights or police powers.
8.08.040 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. Upon solicitation by the City, persons seeking to obtain an initial, renewal or
transferred solid waste collection franchise shall file an application, accompanied by an
application fee set by resolution of the City Council, with the City Manager.
Applications shall be in a form prescribed by the City Manager and applicable law. All
applications accepted for filing are available for public inspection unless otherwise
provided by applicable law.
C. In order to be legally qualified for an initial or renewal solid waste franchise
or a approval of a transfer of a solid waste franchise:
1. The applicant shall be willing and able to comply with the provisions of this
Code, applicable law, and all requirements of the solid waste franchise.
2. The Applicant shall not have had any solid waste franchise validly revoked by
any franchising authority within three (3) years preceding the submission of
the application.
3. No individuals employed by the applicant who are or will be responsible for
the management and oversight of the franchise operations for the City, during
the ten (10) years before submitting the application, shall have been convicted
of a crime impugning their truthfulness and/or ability to abide with their legal
obligations.
4. The applicant will not have filed materially misleading information in its
application or intentionally withheld information that the applicant lawfully is
required to provide..
5. An applicant that otherwise would not be qualified to hold a solid waste
franchise under this Chapter may include additional information
demonstrating to the city that the particular circumstances surrounding its act
Ordinance No. 314 -6-
or omission; the steps taken by the applicant to cure all harms flowing
therefrom and prevent their recurrence; the lack of involvement of the
applicant's principals; and/or the remoteness of the matter from providing
solid waste collection services would make it inappropriate for the City to
deny it a solid waste franchise.
8.08.050 Franchise terms.
Any franchise awarded pursuant to this Chapter shall be for an initial term of not
more than ten years, with the possibility of renewal for additional terms of not more than
five years each, at the option of the City.
8.08.060 Transfer of franchise.
A franchise issued under this Chapter shall not be transferred, sold, relinquished,
delegated or assigned to another person without the approval of the City Council. This
restriction includes the transfer of ownership of the franchise or the conveyance of the
franchisee's stock to a new controlling interest. City Council approval of transfer shall
not be unreasonably withheld. Effectuating a franchise transfer without City Council
approval shall constitute grounds for revocation pursuant to Section 8.08.110.
8.08.070 Franchise Fee.
A. The City may in its discretion and in connection with a franchise entered into
pursuant to this Chapter collect from a Collector a franchise fee in an amount equal to a
percentage of gross revenues as set forth in a solid waste franchise for the privilege of
operating a solid waste collection service within the City.
B. The franchise fee is not a payment in lieu of any tax, fee, or other assessment
of general applicability.
8.08.080 Interim suspension.
A. The 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. The interim suspension will go into effect immediately upon delivery of a notice to
a Collector as specified in this Section.
B. The Manager may enter into a temporary agreement for the collection of solid
waste with a different solid waste enterprise during any period of time that a franchise
has been suspended.
8.08.090 Appeals.
A. A Collector may appeal the interim suspension imposed by the Manager
issued pursuant to Section 8.08.080, provided a written appeal is submitted to Manager
within five calendar days after notice of suspension has been sent to the Collector.
Appeals to the City Council shall include a general statement specifying the basis for the
appeal and the specific aspect of the Manager's ruling being appealed.
B. The interim suspension shall remain in effect during the processing of the
appeal to the Council.
8.08.100 Council action.
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 may
initiate proceedings for revocation of the franchise. The Council shall base its action
upon the standards delineated in Section 8.08.080.
8.08.110 Revocation or modification of franchise.
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 on any franchise if a Collector has violated any provision of
Ordinance No. 314 -7-
this Chapter, the Franchise Agreement or any other applicable law, ordinance, or
regulation related to the collection of waste services provided in the City. It is unlawful
for any person or solid waste enterprise to operate under a franchise which has been
revoked.
8.08.120 Notice of hearing on franchise.
The City shall serve a notice of the City Council franchise revocation hearing on a
Collector not less than fifteen calendar days prior to such hearing.
8.08.130 ' 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 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.
8.08.140 Cessation of operations.
A. 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 calendar days after notice of
revocation.
B. The Manager may enter into a temporary agreement for the collection of solid
waste with a different solid waste enterprise until such time as a new franchise with a
different solid waste enterprise can be negotiated and approved by the City Council.
111
General Requirements
8.08.150 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 franchisee's activities. The insurance shall be in an amount set forth in the
Franchise Agreement. Such insurance shall be procured from an insurer authorized to do
business in the State of California, shall name the City of Rolling Hills and its officers,
employees and agents as additional insureds and shall not be canceled or modified
without first giving to City thirty calendar days' prior written notice. 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, must be filed with the City
Manager before a solid waste franchise becomes effective.
B. In the event of suspension, cancellation, or termination of the insurance by the
provider without obtaining substitute insurance meeting the requirements in subsection A
above, the franchise shall be immediately suspended 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.
8.08.160 Worker's compensation insurance.
A Collector shall at all times provide, at its own expense, workers' compensation
insurance coverage for all of its employees and shall file and maintain a certificate with
the Manager showing said insurance to be in full force and effect.
8.08.170 Indemnification.
A Collector shall indemnify, defend and hold harmless the City of Rolling Hills
and its officers, employees and agents against, in respect of any and all claims, demands,
losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies,
including interest, penalties and reasonable attorneys fees, that the City shall incur or
suffer, which arise, result from or relate to the collection, transportation, or disposal of
solid waste or recyclables within the City of Rolling Hills by said Collector. The
indemnification shall be included in the franchise agreement and include protections from
Ordinance No. 314 -8-
liability under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C.
Sections 6901, et seq., the Comprehensive Environmental Response, Compensation and
Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et seq., the Carpenter -Presley -
Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health and
Safety Code Sections 25300 et seq.; and all future amendments to any of them.
8.08.180 Bonds.
A. The franchise agreement may require a Collector to file a surety bond prior to
the effective date of the franchise in an amount deterniined by the Manager and in a form
acceptable to the City Attorney, to guarantee the faithful compliance with this Chapter
and the franchise agreement. The bond shall remain in force during the life of the
franchise agreement and all renewals thereof.
B. In the event of suspension, cancellation, or termination of the bond by the
issuer, the franchise shall be immediately suspended until a new bond 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.
8.08.190 Responsibility for Damages.
Any person providing solid waste collection services or conducting a solid waste
enterprise in the City shall be responsible for damages caused as a result of the person's
acts or omissions including, without limitation, injuries or death or any person or damage
to public or private property.
The Collector shall be responsible, at the Collector's sole expense, for any
physical damage caused by the negligent or willful acts or omissions of employees,
grantees or subgrantees of the Collector to private or public property.
8.08.200 Office for inquiries and complaints.
A Collector shall maintain an office at some fixed location and shall maintain a
telephone at the office, listed in the current telephone directory and/or online at the
Collector's website, in the firm name by which it conducts business in the City, and shall
at all times during the hours between eight a.m. and five p.m. of each weekday and
between eight a.m. and one p.m. on Saturday, have an employee or agent at said office to
answer inquiries and receive complaints. The telephone number shall be a toll -free
number from all portions of the City. Collector shall submit a quarterly report of all
complaints received to City Manager, in a form set forth in the Franchise Agreement.
8.08.210 Permits and licenses.
A Collector shall obtain all applicable permits and licenses required by any
Federal, State or local agency.
8.08.220 Fees and 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., the City may levy fees
upon Collectors and customers for planning and program development and administration
regarding solid and household hazardous waste, recyclable solid wastes 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 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.
8.08.230 Collection Rates.
A. Maximum rates to be charged by a Collector for the collection of solid waste
and recyclable materials shall be established or increased by resolution of the City
Council only after the Manager has mailed the property owners notice of the proposed
Ordinance No. 314 -9-
rate at least forty-five calendar days before a public hearing on the matter and the City
Council has held a public hearing for the purpose of receiving and considering all
objections, written and oral, to the proposed rate or rate increase. The Council may
continue the hearing from time to time without further written notice. Any property
owner may file with the Manager, at any time before the end of the public hearing, a
written protest against the proposed rate. The Council shall not approve the new or
increased rate if a majority protest exists. A majority protest exists if, at the end of the
public hearing, there are valid written protests submitted by owners of a majority of the
properties subject to the proposed fee increase. No more than one written protest per
parcel shall be counted.
B. A rate or rate increase may include an annual Consumer Price Index, or other
generally accepted form of consolidated index, increase to be implemented without a new
public hearing provided that the maximum percentage of index increase is set forth in the
notice sent to the property owners and any increase does not exceed that percentage
specified therein.
C. Every residential owner shall pay the rates for collection services rendered
pursuant to this Chapter in the manner set forth in Section 8.08.240
8.08.240 Collection of charges.
The City may in its discretion and in connection with a franchise entered into
pursuant to this Chapter, collect fees for solid waste/recycling collection services by
causing fees to be placed on the Los Angeles County Tax rolls through procedures
established by the Los Angeles County Tax Collector. In such event, no charge shall be
made directly to a customer by a franchised Collector unless expressly authorized by the
City Council or in this Code. Charges for manure collection service provided by the
Collector shall be billed directly to a customer by the franchised Collector.
8.08.250 Required monthly reports.
A. A Collector shall provide the City separate monthly and annual tonnage and
information reports in a form and at dates set forth in the franchise agreement.
8.08.260 City Inspection Authority.
Any Collector providing collection services or conducting a solid waste enterprise
in the City shall keep and maintain books of account, income statements, tonnage reports,
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 for a period of three years after said
service was provided or any longer period required by law. Any Collector shall make
these records and documents available to the City upon request by the City Manager upon
five business days advance notice. Such records shall be made available to the City at the
Collector's regular place of business, within the Los Angeles County Limits.
IV
VEHICLES
8.08.270 Vehicle identification.
No solid waste enterprise may operate any vehicle for the collection of solid
waste or recyclables in the City unless the owner of the vehicle is a Collector or a
construction/demolition hauler, as those terms are defined in Section 8.08.020.
8.08.280 Amount and type of equipment.
No person shall be awarded a franchise for the collection, and for transportation
of solid waste or recyclables, or a permit for construction/demolition waste, unless the
solid waste 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 given pursuant to this Chapter. A Collector shall utilize mini -trucks,
three -wheel scooters or other appropriate small collection vehicles to make collections
and so as to operate efficiently on narrow roads and driveways.
Ordinance No. 314 -10-
8.08.290 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 which results in undue
interference with normal traffic flows or violation of any traffic laws. The small
collection vehicles, whether loaded or unloaded, shall not be parked, or left unattended on
any street in the City. Large collection vehicles shall not be parked in an unobtrusive
manner and be maintained in a clean, sanitary condition.
8.08.300 Compliance with vehicle standards.
Any vehicle used in the collection or transportation 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 state law. The use of a vehicle
which fails to comply with each of the standards is prohibited. A Collector shall
immediately remove any vehicle from collection service which 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 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 Franchise 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.
V
COLLECTION/MANDATORY SERVICE
8.08.310 Mandatory service.
A. Except as otherwise provided in this Chapter, all solid waste and recyclables
collected 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 or solid waste enterprise, other than those referenced in subsection
A of this section, shall negotiate or contract for, undertake to receive, collect or transport
solid waste from within the City for a fee, service charge or other consideration, except as
specifically provided herein.
C. Except as otherwise provided in this Chapter, each residential property owner
and occupier in the City shall, at all times utilize the services of a Collector and pay the
rates approved by the City Council for the collection of solid waste and/or recyclables
from such premises as shall be owned by said owner and shall, at all times comply with
City policies and programs with regard to solid waste recovery, reduction of solid waste
and recycling of solid waste.
8.08.320 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 twice during each calendar
week, or less if provided for in an approved Franchise Agreement. Not more than four
days shall elapse between one collection and the next unless the regular day of collection
falls on a holiday. 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. When the collection day falls on a holiday, a Collector shall choose one of the
following options:
1. Collect on the holiday;
2. Collect one day prior to or one day after the holiday, providing regular
collection can be maintained on the regularly scheduled days the remainder of
the week.
Ordinance No. 314 -11-
C. Not later than November 30th of each year, a Collector shall submit to City its
proposed collection schedule for the ensuing calendar year. 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
take place twice each week. The schedule shall also indicate the dates that brush
clearance required to be removed pursuant to Section 15.20.040 of this Code shall be
collected. Upon approval by the Manager, Collector shall cause to be mailed a written
notice to all customers of such schedule not later than December 31st 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.
8.08.330 Hours of collection.
A. No collection, or delivery or removal of containers, shall be made between the
hours of six p.m. and seven a.m. Monday through Saturday or at any time on Sunday.
B. The Manager may waive the requirements of this Section when necessitated
by conditions beyond the control of the Collector.
8.08.340 Litter.
If a Collector releases, or permits or causes the release of any solid waste on
public or private property in the City at any time, it shall promptly clean up, contain,
collect and remove same to the satisfaction of the Manager.
8.08.350 Employees of collector.
All field employees of a Collector shall wear name tags and/or uniforms to enable
identification while providing service to the public.
8.08.360 Trespass.
No person authorized to collect or transport solid waste or recyclables shall enter
on private property beyond the extent necessary to collect the solid waste or recyclables,
properly placed for collection.
8.08.370 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 City.
8.08.380 Ownership.
At such time as the solid waste or recyclables are placed for collection at the usual
place of collection, the solid waste or recyclables are the property of a Collector.
8.08.390 Disposal.
A. It is unlawful at any time for any person, including a Collector, to buni any
solid waste or recyclables within the City.
B. It is unlawful at any time for any person, including a Collector, to bury or
dump any solid waste or recyclables within the City.
8.08.400 Resource recovery.
A Collector shall, at all times, comply with City policies and programs regarding
solid waste recovery, reduction of solid waste and recycling of solid waste, 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.
8.08.410 Collection of recyclable materials.
A. A Collector shall offer recyclable materials collection services as follows:
1. A service yard collection program.
2. Operation of a drop-off center at City Hall where residents may drop off
recyclable items, such as newspaper, telephone books, glass and aluminum.
No hazardous wastes shall be accepted. Operation of the center shall be in a
manner consistent with all applicable laws. Signs indicating acceptable and
unacceptable recyclables shall be prominently posted. Bins or containers shall
Ordinance No. 314 -12-
be conspicuously labeled. A Collector will provide regular maintenance and
collection of reusable materials from the center, as directed by the Manager.
3. A Collector shall develop and implement a public information and education
program for the recyclable materials collection services described in this
Chapter, approved by the City Manager.
4. A Collector shall establish and maintain a system for establishing diversion
credits for the City of Rolling Hills in a manner consistent with the Act.
5. From the time of placement of recyclable materials for collection, such
recyclable materials shall be and become the property of a Collector. It shall
be a violation of this Chapter for any person unauthorized by the City or the
customer to collect or pick up or cause to be collected or picked up any such
items. Any and each such collection in violation hereof from one or more
locations shall constitute a separate and distinct offense punishable in
accordance with Chapter 1.08 of this Code.
B. Nothing in this Chapter shall limit the right of any person to donate, sell or
otherwise dispose of his or her recyclable materials.
8.08.420 Collection of green waste.
A. A Collector shall offer green waste services to its customers as follows:
1. Green waste shall be placed for collection in the manner set forth in this
Chapter and in the Agreement. All green waste shall be delivered to a
legitimate composting or alternative fuel facility or used as cover material at a
landfill, so that City receives credit for diverting the green waste from
disposal at a landfill.
2. On a periodic basis, if a resident has additional green waste in excess of what
can be placed in the green waste containers set out for collection, residents
may place green waste materials in bags or bundles, or in a plastic or metal
container with a lid for collection by a Collector.
3. A Collector shall provide to all customers who request one, at the cost paid by
the customer, a composting bin of a type approved by the City Manager. Each
composting bin so provided shall include full instructions. A Collector shall
provide training, twice per year, on backyard composting, open to all residents
of the City. Composting shall be conducted pursuant to Section 8.08.430.
4. A Collector shall develop and implement a public information and education
program for the green waste services described in this section, approved by
the City Manager.
5. Collector shall collect an unlimited amount of brush clearance required to be
removed by Section 15.20.040 of this Code and any additional green waste set
out at that time from every customer up to three times in the Spring and up to
three times in the Fall. The dates for such collections will be set forth in the
collection schedule mailed out to all customers pursuant to Section
8.08.320.C. and the placement and bundling specifications shall be set forth in
the Agreement.
8.08.430 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.
Ordinance No. 314 -13-
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.
8.08.440 Prohibited waste.
A. Electronic waste, electronic hazardous waste, and any other form of waste that
does not meet the definition of solid waste or recyclable materials shall not be disposed
of with solid waste or recyclables for regular solid waste collection by a Collector.
B. A Collector shall develop and implement a public information and education
program for electronic waste, electronic hazardous waste disposal and recycling,
hazardous waste and any other prohibited waste, approved by the City Manager.
C. Customers shall dispose of electronic waste, electronic hazardous waste,
hazardous waste and any other form of prohibited waste at special collection centers
operating throughout the region. A list of such collections centers is available at City
Hall.
VI
CONTAINERS
8.08.450 Care of containers.
Collector's agents and employees shall handle all containers with care.
8.08.460 Unauthorized Removal from containers.
No person other than a Collector who provides collection services at the premises,
or the owner or employee of the owner of the container, or the person upon whose
premises such container is located, or a City employee, shall remove any material from a
solid waste or recyclable container.
8.08.470 Tampering with containers.
No person other than the owner or occupant of the premises where a container is
located, or a Collector who provides collection services at the premises where the
container is located, or a City employee shall tamper with, or remove any container or
other equipment used for the storage of solid waste or recyclables.
8.08.480 Covering containers for solid waste.
Any container to be placed for collection containing solid waste shall have a
tightly fitting cover. Said cover shall be used at all times.
8.08.490 Unauthorized setting out of containers.
No person occupying, using or in charge of any premises shall set out or cause to
be set out for collection any solid waste or recyclables not generated on the premises.
8.08.500 Containers at residential premises.
A. Unless containers are to be provided by a Collector pursuant to the Franchise
Agreement, every customer in the City shall provide sufficient containers as to
accommodate the amount of solid waste generated by the premises. All containers shall
be constructed of metal, hard rubber or plastic, shall be constructed so as not to permit the
contents thereof to sift or pass through any opening therein other than the top, shall be
maintained in a clean and sanitary condition by the customer and shall not contain any
rough or jagged surfaces. Heavy-duty plastic bags especially manufactured for solid
waste collection and trash compactor sacks may also be used provided they are securely
tied, not perforated or split.
B. Any solid waste not susceptible to placement in a container may be placed for
collection at the same place and time as the container if it is securely tied in bundles not
heavier than sixty pounds, not more than four feet in length, nor more than eighteen
inches in diameter. Wooden boxes, crates, pallets, or cardboard boxes are to be broken
down and stacked neatly at the depositor's refuse collection point.
Ordinance No. 314 -14-
C. No cardboard box, paper bag or oil drum may be used as a container for solid
waste.
D. A Collector shall schedule to collect bulky items from customers at least three
times during each calendar year. The dates for such collections will be set forth in the
collection schedule mailed out to all customers pursuant to Section 8.08.320.C. and the
timing, item placement and other specifications for the collection shall be set forth in the
Agreement.
8.08.510 Accumulation of solid waste prohibited.
It is unlawful 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
and/or recyclables to become or remain offensive, unsightly or unsafe to the public health
or safety or hazardous from fire. It is unlawful to deposit, keep or accumulate, or permit
or cause any solid waste and/or recyclables 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. No customer or person occupying, owning or in control of any
premises shall permit solid waste and/or recyclables to accumulate, or to blow about in a
manner which creates an unsightly appearance, or a health hazard. It is unlawful for any
person to dispose of their solid waste into containers at locations other than those that
may be located upon property which they own or occupy or where they work. It is
unlawful for any person to place bulky items on the street except that bulky items may be
placed on the street within the two days prior to a bulky item collection scheduled
pursuant to Section 8.08.500.D, or within the two days prior to otherwise scheduled
collection or removal of the item.
8.08.520 Placement of containers at residential premises.
A. In the case of residential premises, each container or bundle shall be kept in
the service yard of the premises reasonably concealed from view by neighbors. Such
areas shall be readily accessible to a Collector by a pathway. Access to the containers
shall not be impaired by the presence of any vehicles or other obstructions.
B. A Collector shall collect containers from the service yard and shall return all
containers in an upright position to the same approximate location where found by a
Collector and without any unnecessary noise or wear and tear or damage to said
receptacles. A Collector shall replace a container or reimburse the customer for any
damage caused to receptacles by the unnecessary wear and tear of a Collector.
C. In the event a Collector declines to collect any solid waste on a required
collection day, the Collector shall leave a tag on the container indicating the reason for
refusal to collect and the Collector's name and telephone number. A record shall be kept
by the Collector of all locations where such tags have been left, with the reasons noted.
Such record shall be made available for inspection by City upon reasonable notice.
8.08.530 Container storage areas.
The owner or occupant of residential premises where a container is placed shall
provide a clean, safe and sanitary place for its storage.
VII
EXCLUSIONS
8.08.540 Residential waste and recyclable exclusion.
No provision of this Chapter shall prevent customers from collecting and
disposing of occasional loads of solid waste generated in or on their residential premises,
or from composting green waste, or from selling or disposing of recyclables generated in
or on their residential premises; provided, however, that no customer shall employ or
engage any solid waste enterprise, other than a Collector franchised in the City of Rolling
Hills, to haul or transport such materials to a transfer station or landfill.
8.08.550 Dwellings under construction.
When solid waste is not being generated on a property due to construction at a
temporarily vacant residential dwelling or at a newly constructed residential dwelling that
Ordinance No. 314 -15-
has not yet been occupied, the property owner may suspend mandatory collection service
for the time that the dwelling is not being occupied and may not be liable for collection
charges for such period of time as follows:
A. Residential dwellings undergoing alterations or repairs, but occupied or vacant
for less than four full weeks, shall receive regular service for collectible solid waste
during the construction period.
B. Residential dwellings which remain unoccupied for four full weeks or longer,
may suspend mandatory collection service and may not be liable for collection tees
during period or be eligible for a refund of the collection fees for such periods.
C. The property owner shall notify the City Manager and all Collectors
responsible for collection at that dwelling, at their respective offices, of the temporary
suspension of mandatory service. The notice shall be in writing and the effective date
shall be one week after the date of the notification. Receipt of the notice shall be
acknowledged by mail, fax or email communication and a reference number assigned to
avoid misunderstanding;
D. The property owner shall notify the City Manager and the Collectors
responsible for collection at that dwelling of the duration of the vacancy, if known, at the
time of the suspension of the collection service; otherwise owner shall notify by mail,
fax, email or phone within three calendar days of occupancy or resumption of occupancy
and service shall be resumed immediately thereafter; and
E. The premises described in the notice shall not be occupied during the period of
the vacancy, and no solid waste of any type, other than construction/demolition waste
that is removed pursuant to Section 8.08.580, shall be produced during the period or
collected from the dwelling.
F. When collection fees have been prepaid on the property tax bill, a property
owner may request a refund of solid waste collection fees for the period that the property
was vacant and the service was suspended by filing a refund form with the City Manager
within sixty calendar days of occupying or reoccupying the premises. The City Manager
shall process the request within sixty days from receipt of the request and may grant a
refund for the proportionate amount of fees for the time the property was vacant and
service was suspended.
8.08.560 Gardener's exclusion.
A franchise shall not be required for the occasional removal of green waste as a
result of routine and regular tree trimming, gardening or landscaping activities. In order
to help the City meet its diversion requirements, gardeners, tree trimmers and landscapers
are encouraged to divert the occasional loads of green waste from the landfill to a
legitimate composting or alternative fuel facility or to use the waste as cover material at a
landfill, so that City can receive credit for diverting the green waste. Gardeners, tree
trimmers and landscapers are encouraged to collect a tonnage form or tonnage report for
all green waste diverted from the landfill and residents are encouraged to submit such
tonnage forms or tonnage reports to the City Manager evidencing the amount of diverted
green waste.
8.08.570 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 which have been separated from solid waste for the purpose of sale or
donation, which have not been mixed with or contain more than incidental or minimal
solid waste, and which 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.
8.08.580: Construction or demolition waste.
A. Minimum construction or demolition waste diversion requirements
Ordinance No. 314 -16-
Every covered project shall divert at least fifty percent (50%), measured by
weight, of all construction or demolition waste generated by the covered project.
B. Exempt projects.
The diversion and reporting requirements of this Section shall not apply to the
following projects:
1. Any construction, remodeling or demolition project that does not require a
building permit and does not generate recyclable materials and construction
and demolition waste.
2. 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.
Notwithstanding the exemptions set forth in this paragraph, permitees working on
exempt projects are encouraged to divert as much construction or demolition waste as
practicable and encouraged to use permitted haulers for removal of waste from the
project.
C. Construction/demolition hauling permit.
1. Permit required. No person or solid waste enterprise shall remove construction
and demolition waste from a covered project within the City without first
obtaining a construction/demolition hauling permit. The City Manager shall
maintain a list of all permitted construction/demolition haulers and residents
shall only use a permitted construction/demolition hauler for removal of
construction/demolition waste from any covered project within the City.
2. Application for construction/demolition hauling permit. An application for a
permit shall be filed with the City Manager and be accompanied by an
application fee in an amount set by City Council resolution to reimburse the
City for all expenses incurred by it in connection with granting the permit.
The application shall include, at a minimum, the following information:
a) Name, address, telephone number of the applicant and any other principals
in the hauler's business.
b) The type and amount of materials and waste material that the hauler is
capable of transporting.
c) The number of vehicles that the enterprise utilizes.
d) 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.
e) Such other pertinent facts or information as the City Manager may require
including but not limited to evidence of state certification, evidence of
previous experience, and demonstration of reliable and safe equipment.
3. In order to be legally qualified to obtain a construction/demolition hauler
permit:
a) The applicant shall be willing and able to comply with the provisions of
this Code, applicable law, and all requirements of the permit.
b) The applicant shall have demonstrated ability to remove and transport the
required construction/demolition waste to the appropriate waste disposal
facilities
c) The applicant shall not have filed materially misleading information in its
application or intentionally withheld information that the applicant
lawfully is required to provide.
4. Issuance of permits. The City Manager may issue a non-exclusive
construction/demolition hauler permit subject to such conditions as are
Ordinance No. 314 -17-
necessary to protect the public health, safety and welfare and to assure that the
permit is exercised for its circumscribed purposes. A permit shall not be
transferred to another person or solid waste enterprise. Permits shall remain
in effect for one year and must be renewed annually.
5. A permitted construction/demolition hauler shall be subject to the following
provisions of Chapter 8.08: Sections 8.08.150 Collector's liability insurance,
8.08.160 Worker's compensation insurance, 8.08.170 Indemnification,
8.08.190 Office for inquiries and complaints, 8.08.200 Permits and licenses,
8.08.250 Vehicle identification, 8.08.260, City Inspection Authority, 8.08.270
Operation of equipment, 8.08.310 Hours of collection, 8.08.320 Litter,
8.08.340 Trespass, 8.08.350 Noise, 8.08.360 Ownership, 8.08.370 Disposal,
8.08.380 Resource recovery, and all other applicable provisions of the
Municipal Code.
6. Failure by a permitted hauler to comply with the diversion and/or reporting
requirements of this Section will result in automatic revocation of the
construction/demolition hauler permit. A hauler whose permit has been
revoked shall not be eligible to reapply for a new permit for a period of three -
years from the date of revocation.
D. Condition precedent to issuance of building or demolition permit.
As a part of any application for, and prior to the issuance of, any building or
demolition permit for a covered project, every permittee shall identify the permitted
hauler that has been designated to remove all construction/demolition waste associated
with the project. The application shall also be accompanied by a construction/demolition
waste fee, set by resolution of the City Council to reimburse the City for all expenses
incurred by it in connection with monitoring compliance with this Section.
E. Records.
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 City Manager that can be converted to tonnage.
F. Reporting.
Within thirty (30) calendar days following the completion of any covered project,
the hauler 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 Manager establishing compliance with the requirements of this Section. 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 Manager, 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 Manager to verify the amount of construction or demolition waste
generated from the site that has been diverted.
If a project involves issuance of both a demolition and building permit, the report
and documentation for the demolition permit shall be submitted to and approved by the
Manager before issuance of a building permit.
G. Monitoring responsibility of Manager.
The City Manager shall monitor each covered project for compliance with this
Section.
H. Implementing Regulations
Ordinance No. 314 -18-
The Manager 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.
Section 2. This ordinance shall apply to all franchise agreements amended,
extended or executed after the effective date of this ordinance.
Section 3. The City Clerk shall certify to the adoption of this ordinance and shall
cause the same to be published as required by law.
PASSED, APPROVED and ADOPTED this 23rd day of February, 2009.
ATTEST:.
Heidi Luce, Deputy City Clerk
FRANK HILL, MAYOR
Ordinance No. 314 -19-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
)§§
I certify that the foregoing Ordinance No. 314 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING
HILLS MUNICIPAL CODE RELATING TO THE COLLECTION
OF SOLID WASTE AND RECYCLABLES
was approved and adopted at a regular meeting of the City Council on February 23, 2009
by the following roll call vote:
AYES:
Councilmembers Black, Lay, Pernell, Mayor Pro Tem
Heinsheimer and Mayor Hill.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California'was posted at the following:
Administrative Offices
Heidi Luce, Deputy City Clerk
Ordinance No. 314 -20-