The URL can be used to link to this page

Home My WebLink About2009-04-14 - AGENDA REPORTS - CHAPTER 15 44 SC MUNICODE (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: April 14, 2009 V V - Travis Lange INTRODUCTION OF AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 15.44 (INTEGRATED WASTE MANAGEMENT) OF THE SANTA CLARITA MUNICIPAL CODE Public Works RECOMMENDED ACTION City Council introduce and pass to second reading an Ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PROTECTING PUBLIC HEALTH, SAFETY, AND WELL-BEING WITH RESPECT TO SOLID WASTE AND RECYCLING AND AUTHORIZING THE FURNISHING OF SUCH SERVICES PURSUANT TO FRANCHISE, BY AMENDING IN ITS ENTIRETY CHAPTER 15.44, "INTEGRATED WASTE MANAGEMENT," OF THE SANTA CLARITA MUNICIPAL CODE." BACKGROUND Chapter 15.44 "Integrated Waste Management" of the Santa Clarita Municipal Code was written in 1991. The most recent updates to this chapter were completed over nine years ago and some portions of the Ordinance have not been updated for close to 18 years. During this period the City has implemented many diversion programs including curbside recycling, free commercial recycling, manure recycling, and a Construction and Demolition Ordinance. These programs have had positive impact on diversion and the City's ability to prevent solid waste from ending up in landfills. These proposed changes to the Ordinance address the City's need to continue to maintain the state's minimum diversion requirement of 50 percent and they prepare the City to meet higher diversion requirements, which staff anticipates will go into effect in the future. Since 2005, there have been four legislative bills (SB 420, SB 928, S1325, and SB 1020), which attempted to increase the minimum diversion levels to 60 and 75 percent by 2020. Ordinance passed to Second reading In that time, the solid waste industry, the State of California, and municipalities have taken great strides to minimize the quantity of waste that enters our landfills. New technologies and facilities have made it easier than ever to collect, separate, process, and recycle many of the materials of our waste stream. New categories of waste have emerged, including but not limited to, electronic waste (e -waste), hazardous waste, and universal waste. In the City of Santa Clarita, there have been a number of changes to solid waste and waste management. The City now has two exclusive franchise agreements for the provision of commercial and residential solid waste management service. Additionally, in January 2006, the City implemented a new Temporary Bin and Roll -Off Box Franchise. With all of these changes in the solid waste industry and the changes locally, there is a need for the City to update, define, redefine, and add to Chapter 15.44. City staff worked with the City Attorney's Office and a third -party solid waste consultant to rewrite the entire Ordinance. Additionally, staff shared drafts of the Ordinance with the City's franchised haulers on multiple occasions to seek their comments and suggestions, including May 10, 2007; September 27, 2007; September 22 and 23, 2008; and February 5, 2009. The draft Ordinance was presented to the Waste Diversion Subcommittee on March 10, 2009, and March 31, 2009. The revised Ordinance addresses what is currently happening in the City and permits staff to implement the programs necessary to help the City meet and exceed the 50 percent diversion requirement of AB 939. A summary of the changes is attached. A summary of the proposed fee schedule is also attached. ALTERNATIVE ACTIONS Other actions as determined by the City Council. FISCAL IMPACT There is no fiscal impact as a result of this action. ATTACHMENTS Ordinance Summary of Changes Proposed Fee Schedule Strikethrough Ordinance 0 X 9_0 Ik: \ 1 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PROTECTING PUBLIC HEALTH, SAFETY, AND WELL-BEING WITH RESPECT TO SOLID WASTE AND RECYCLING AND AUTHORIZING THE FURNISHING OF SUCH SERVICES PURSUANT TO FRANCHISE, BY AMENDING IN ITS ENTIRETY CHAPTER 15.44, "INTEGRATED WASTE MANAGEMENT," OF THE SANTA CLARITA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. In order to protect public health, safety, and well-being, to control the spread of vectors, to limit sources of air pollution, noise and traffic within the City, and to protect the quiet enjoyment of property, pursuant to the authority of Article XI, § 7 of the California Constitution and Public Resources Code § 40059, Chapter 15.44 of the Santa Clarita Municipal Code is repealed in its entirety and Chapter 15.44, "Integrated Waste Management" of the Santa Clarita Municipal Code is hereby adopted to read as follows: Sections: "Chapter 15.44 INTEGRATED WASTE MANAGEMENT Part 1. Definitions 15.44.010 Definitions Generally Part 2. Integrated Waste Management 15.44.200 Provision of Service 15.44.205 Manner, Time, and Frequency of Collection 15.44.210 Categories 15.44.215 Collection Arrangements Required 15.44.217 Exemption From Collection Requirements 15.44.220 Recycling Program Required 15.44.225 Final Determination of Service Levels and Pickup Locations by City 15.44.230 Venue and Event Recycling Part 3. Solid Waste Franchises, Fees, and Facilities 15.44.300 Fees 15.44.305 Solid Waste Franchise Requirements 15.44.310 Solid Waste Facilities 15.44.315 Liability for Solid Waste Fees 3 15.44.320 Solid Waste Collector Requirements 15.44.325 Revocation and Suspension of Franchises or Rights to Operate in the City of Santa Clarita - Grounds 15.44.330 Termination of Solid Waste Franchises, Continuation Rights, or Operations of a Solid Waste Enterprise - Procedure for Notification of Deficiencies and Suspension or Revocation 15.44.335 Restrictions on Transfer of Solid Waste Franchises Part 4. Containers, Bulky Goods, Recyclable Materials, and Green Waste 15.44.400 Containers: Use 15.44.405 Containers, Bulky Goods, and Green Waste: Placement and Removal 15.44.410 Recyclable Materials and Recyclable Solid Wastes 15.44.415 Green Waste Part 5. Collection 15.44.500 Frequency and Hours of Collection 15.44.505 Special Collections Part 6. Collection Vehicles and Equipment, Cleanup 15.44.600 Collection Vehicles 15.44.605 Trucks: Noise Standards 15.44.610 Cleanup Responsibility Part 8. Self -Haulers 15.44.800 Self -Haulers, Disposal at Authorized Sites; Permit and Reporting Requirements 15.44.810 Licensed Contractors 2 Part 7. Unlawful and Prohibited Acts 15.44.700 Use of Containers Required 15.44.705 Removal of Solid Waste 15.44.715 Placement of Bulky Goods 15.44.720 Use of Civic Litter Containers 15.44.723 Scavenging 15.44.725 Solid Waste Burning Prohibited 15.44.730 Collection of Solid Waste Without Solid Waste Franchise or Continuation Rights Prohibited 15.44.735 Use of Container of Another 15.44.745 Unlawful Dumping Prohibited 15.44.750 Public Nuisance 15.44.755 Impoundment of Containers Part 8. Self -Haulers 15.44.800 Self -Haulers, Disposal at Authorized Sites; Permit and Reporting Requirements 15.44.810 Licensed Contractors 2 Part 9. Enforcement 15.44.900 Enforcement 15.44.905 Enforcement by Designees 15.44.910 Violations Punishable Part 1. Definitions 15.44.010 Definitions Generally. For the purposes of this Chapter the following words and phrases shall have the meanings respectively ascribed to them by this Chapter. Words and phrases not ascribed a meaning by this Chapter shall have the meaning ascribed by Chapter 15.46 of this Code, Division 30, Part 1, Chapter 2 of the Public Resources Code, §§ 40105, et seq , and the regulations of the California Integrated Waste Management Board, if defined therein, and if not, to the definitions found in the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901, et seq. and the regulations implementing RCRA, as they may be amended. AB 939 or Act "AB 939" or "Act" means the California Integrated Waste Management Act of 1989, (sometimes referred to as "AB 939"), codified in part at Public Resources Code, §§ 40000 et seq. as it may be amended. Bulky Waste or Bulky Goods "Bulky Waste" or "Bulky Goods" means Solid Waste that cannot and/or would not typically be accommodated within a residential Solid Waste Container including, but'not by way of limitation, large and small household appliances (including refrigerators with and without Freon, ranges, washers, dryers, water heaters, dishwashers, and other similar items), furniture (including chairs, sofas, mattresses, and rugs); carpets, mattresses, White Goods, tires, oversized Yard Waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length, and residential wastes (including wood waste, scrap wood, debris from building remodeling, rocks, sod, and earth, in the aggregate not exceeding one cubic yard per Collection), discarded from residential premises in the City of Santa Clarita. Bulky Waste does not include car bodies, Construction and Demolition Debris exceeding one cubic yard, or items requiring more than two persons to remove. City "City" means the City of Santa Clarita, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing and all geographic areas which may be added or annexed to the City. Authority granted in this 3 5 Chapter to the City may be carried out through the City Manager or City Manager's designated representative. City Manager "City Manager" means a person having that title in the employ of the City of Santa Clarita, or the City Manager's designated representative. Civic Litter Container "Civic Litter Containers" means City -owned receptacles located in public areas for disposal of Solid Waste generated by the public, which meet the standards of 14 C.C.R. Chapter 8.12, Article 9, §§ 17830, et seq. Collection "Collection" means the act of collecting Solid Waste, at or near the place of generation or accumulation, by a Solid Waste Enterprise which has made arrangements with the person in charge of day-to-day operations of the premises for the collection of Solid Waste. Commercial Bins "Commercial Bin" means a large Solid Waste Container provided by a Solid Waste Enterprise, at least one, but less than ten cubic yards, in capacity, designed for the deposit of Solid Waste, placed at Commercial or Residential Premises for the collection of Solid Waste. Commercial Bins may have compaction devices attached. Commercial Bins are generally provided by the Solid Waste Enterprise; compaction devices may be leased from third parties. "Commercial Bins" do not include Construction and Demolition Material bins, temporary bins or roll -off Containers placed at residential premises. Commercial Premises "Commercial Premises" means all premises in the City, other than Residential Premises (as defined in this Chapter), where Solid Wastes are generated or accumulated. The term "Commercial Premises" is a reference to location and use, and not to ownership. The term includes, but is not limited to, stores; offices; federal, state, county, and local governmental institutions, including, but not limited to schools, school districts, special districts and, water districts, to the extent authorized by law; restaurants; rooming houses; hotels; motels; offices; manufacturing, processing, or assembling shops or plants; hospitals, clinics, nursing homes, and convalescent centers; dormitories; barracks; and card rooms. Commercial Solid Waste "Commercial Solid Waste" means all types of Solid Waste, including Recyclable Solid Waste, generated or accumulated at Commercial Premises and placed in Commercial 0 0 Bins, Temporary Bins, Containers, or Roll -Off boxes, for accumulation and collection. "Commercial Solid Waste" does not include Residential Solid Waste or Recyclable Material. Construction and Demolition Material "Construction and Demolition Material" means discarded materials removed from premises, resulting from construction, renovation, remodeling, repair, deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or from landscaping. Such materials include, but are not limited to "inert wastes" as defined in Public Resources Code § 41821.3.(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings, and other structures. See Chapter 15.46 "Construction and Demolition Materials Management" of the Santa Clarita Municipal Code. Container "Container" means any Commercial Bin, Residential Solid Waste Container, Temporary Bin, Drop Box, Dumpster, Roll -Off, vessel, can, barrel, cart, or other receptacle used for the temporary accumulation, collection and removal of Solid Waste, including Recyclable Solid Wastes, Green Waste, and Construction and Demolition Material. E -Waste "E -Waste," also referred to as "Electronic Waste," shall mean. electronic products, including, but not limited to, computers, televisions, VCRs, CRTs, batteries, stereos, copiers, fax machines, cell phones, DVD players, and monitors entering a waste stream. E -Wastes include any other materials identified by the Department of Toxic Substances Control (DTSC). Most E -Wastes are classified by DTSC as Universal Wastes. See "Universal Wastes, below, and require special handling and reporting.. Franchise or Solid Waste Franchise "Franchise" or "Solid Waste Franchise" means the right and privilege granted by the City: (1) to make arrangements for the collection of and to collect Solid Waste, (2) to transport Solid Waste to transfer stations, materials recovery facilities, landfills, transformation facilities, Compostable Materials Handling Facilities, or Green Material Composting Facilities, as defined in 14 CCR § 17852, or other permitted Solid Waste management facilities; and/or (3) to recycle Solid Waste collected within the City. Any Solid Waste Franchise granted shall be subject to all of the rights, if any, held by any other Solid Waste Enterprise pursuant to Public Resources Code § 49520 et seq. A business license is a receipt for the payment of tax and is not a Solid Waste Franchise and confers no continuation rights under Public Resources Code § 49520 et seq or other law. Franchise Fee "Franchise Fee" means the fee or assessment imposed by the City on a Solid Waste Enterprise which holds a Solid Waste Franchise as part of its consideration for the right granted to it to provide Solid Waste handling services. Green Waste or Yard Waste "Green Waste" (also sometimes referred to as "Yard Waste") means a form of Solid Waste composed of leaves, grass clippings, brush, branches, and other forms of organic matter generated from maintenance or alteration of landscapes or gardens, including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, weeds, and incidental pieces of scrap lumber, separated from other forms of Solid Waste, and bedding straw. "Green Waste" includes Christmas trees and Hanukkah bushes but does not include stumps or branches exceeding six inches in diameter or four feet in length, dirt, agaves, palm fronds, yucca, bamboo, juniper spears, or cactus. "Green Wastes" are not Recyclable Materials or Recyclable Solid Wastes. Gross Revenues "Gross Revenues" means any and all revenue or compensation in any form derived pursuant to a Solid Waste Franchise, permit or license, directly or indirectly by a Solid Waste Enterprise, its affiliates, subsidiaries, parents, and any person or entity in which a Solid Waste Enterprise has a financial interest, from the collection, transportation, processing, disposal and other services with respect to Solid Waste, including Recyclable Solid Wastes and Green Waste, collected within the City. Gross Revenues shall be calculated in accordance with Generally Accepted Accounting Principles. "Gross Revenues" include, but are not limited to, monthly customer fees for collection of Solid Waste, including Recyclable Solid Wastes, special pickup fees, Container rental and collection fees, fees for redelivery of Containers, without subtracting Franchise Fees or any other cost of doing business. Sales revenue from the sale of Recyclable Material is excluded from Gross Receipts for purposes of calculating Franchise Fees. Hazardous Waste "Hazardous Waste" means any waste materials or mixture of wastes defined as a "Hazardous Substance" or "Hazardous Waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., or the Carpenter -Presley -Tanner Hazardous Substance Account Act, ("HSAA"), California Health and Safety Code §§ 25300, et seq, and all future amendments to any of them, or as defined by the California Integrated Waste 6 Management Board or the California Department of Toxic Substances Control. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. Multifamily Dwelling "Multifamily Dwelling" means any building or lot containing more than two dwelling units, which must receive Collection services through the use of shared bins because it is not feasible to provide Collection services individually to each dwelling unit due to the lack of storage space, or other factors as determined by City or City Manager. The City will have sole authority to resolve any ambiguity as to whether a particular premise is a Single Family Dwelling or a Multifamily Dwelling. Recyclable Material "Recyclable Material" means an item (or items) which has commercial value and which may be sold for compensation or donated to an entity other than a Solid Waste Enterprise. "Recyclable Materials" are not partof the Waste stream. "Recyclable Materials" lose their character as "Recyclable Materials" upon being disposed of in the Waste stream, thereby becoming Solid Waste subject to this Chapter. Recyclable Solid Waste "Recyclable Solid Waste" means a form of Solid Waste (1) designated as a Recyclable Solid Waste by the City, or a Solid Waste Enterprise which holds a Solid Waste Franchise and (2) that has been separated by a Solid Waste service recipient from non -Recyclable Solid Waste. "Recyclable Solid Waste" is a part of the Solid Waste stream which can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the California Inte- grated Waste Management Act. The term "Recyclable Solid Waste" includes both mixed recyclables which have been separated from other Solid Waste and source -separated single -category Recyclable Solid Waste. "Recyclable Solid Waste" does not include those potentially recoverable items which are commingled with non -recyclable Solid Waste, i.e., commingled Solid Waste and potentially recyclable articles or materials, or Recyclable Materials. "Green Wastes" are not Recyclable Solid Wastes. Residential Premise "Residential Premises" includes Single Family Residential dwellings and Multifamily Dwellings, including apartments and condominiums (in which each unit has separate cooking and bathing facilities). The terms "Residential" or "Residential Premises" do not include hotels, motels, rooming houses, hospitals, nursing homes, convalescent centers, assisted living facilities, group care facilities, dormitories, group residential facilities, or barracks or other group living places at which residency is transient in nature. 7 "Residential" or "Residential Premises" is a reference to location and use, and not to ownership or to an interest in property. Residential Solid Waste "Residential Solid Waste" means Solid Waste generated from Residential Premises. Residential Solid Waste does not include Commercial Solid Waste or Recyclable Material. Residential Solid Waste Container "Residential Solid Waste Container" means a Container provided by a service recipient or a Solid Waste Enterprise with a residential Solid Waste Franchise granted by the City, used for the accumulation and collection of Residential Solid Waste. Residential Solid Waste Containers may either be a wheeled cart typically collected using an automated collection arm and provided by the Solid Waste Enterprise, or a barrel, typically between 32 gallons and 110 gallons in size and provided either by the Solid Waste Enterprise or the customer. Roll -off Container "Roll -off Container" means a Solid Waste receptacle typically measuring ten (10) cubic yards or larger that is of the type commonly transported on a flat-bed truck and is detachable from the truck and/or the main cab for parking at a commercial premises or construction or demolition site. Roll -off Containers include roll -off compactors, which are enclosed Containers that attach to a compaction device and must be detached from the compaction device and transported for disposal. Standard, or non -compacting, roll -off boxes are generally provided by the solid waste enterprise. Compacting roll -off boxes may be leased from a third party. Sharps "Sharps" means any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, such as hypodermic needles, hypodermic needles with syringes, blades, needles with attached tubing, acupuncture needles, pen needles, intravenous needles, lancets, and other devices used to penetrate the skin for the delivery of medications or the drawing of samples of body fluids. Single Family Residential "Single Family Residential" includes not only single-family residences, but also those multifamily residences, including but not limited to apartments and condominiums (in which each unit has separate cooking, and bathing facilities), at which Residential Solid Waste Containers, and not Bins, are used. 8 Solid Waste "Solid Waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliance, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid Waste includes Recyclable Solid Waste but does not include (1) hazardous waste; (2) radioactive waste regulated pursuant to the Health and Safety Code § 114960, et seq.; and (3) medical waste regulated pursuant to the Health and Safety Code § 117600 et seq. Solid Waste Enterprise "Solid Waste Enterprise" means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly engaged in the business of providing Solid Waste handling services. Solid Waste Enterprise includes enterprises that engage in the business of removing Solid Waste or Recyclable Solid Waste for pay from residential or commercial locations, including those enterprises commonly known as "junk haulers." Solid Waste Handling "Solid Waste Handling" or "Handling" means the collection, transportation, storage, transfer, or processing of Solid Wastes. Temporary Bin "Temporary Bin" or "Temporary Bin Service" includes Bin service provided to a premises on a temporary, as -needed basis in such a manner that no Bins belonging to a particular Solid Waste Enterprise remain on that premises for more than thirty consecutive days, or for more than 60 days of any consecutive .90 -day period in any calendar year. Universal Waste "Universal Wastes" means Universal Waste Electronic Devices (UWEDs), cathode ray tubes (CRTs) and other Universal Wastes as defined by the California Department of Toxic Substances Control, or a successor agency, including, but are not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a Hazardous Waste, batteries (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries], alkaline batteries, carbon -zinc batteries, and any other batteries which exhibit the characteristic of a Hazardous Waste), mercury thermometers, and mercury -containing switches. I White Goods "White Goods" means discarded household appliances that have been historically, but may or may not be, enameled, such as refrigerators, freezers, stoves, washer/dryers, water heaters, dishwashers, trash compactors, and similar items. Part 2. Integrated Waste Management 15.44.200 Provision of Service. In order to protect public health, safety, and well-being, to control the spread of vectors, and to limit sources of air pollution, noise and traffic within the City, the City Council may grant one or more exclusive or non-exclusive Solid Waste Franchises or permits to one or more Solid Waste Enterprises to make arrangements with the persons in charge of day-to-day operations at premises in the City for the collection, transfer, recycling, composting, and disposal of Solid Wastes within and throughout the City. 15.44.205 Manner, Time, and Frequency of Collection. A Solid Waste Enterprise which arranges for the collection of Solid Wastes shall make arrangements with its customers specifying the manner in which integrated waste management services are to be provided, subject to the terms of its Solid Waste Franchise, as well as to the City's exercise of its police powers to protect public health, safety, and well-being, to limit the spread of vectors, to limit sources of noise and air pollution within the City, and to protect the quiet enjoyment of property by prohibiting the collection of Solid Wastes between certain hours and on certain holidays. 15.44.210 Categories. In order to carry out its duties to plan for the management of vehicular traffic, the City Council may determine by resolution Solid Waste collection categories, including but not limited to, e.g., Residential, Commercial, Construction & Demolition Materials, Temporary Bin and Roll -Off box, industrial, special, special event, household Hazardous Waste, Universal Waste, Recyclable Solid Waste, Green Waste, and others and may make or impose Solid Waste Franchise, license, contract or permit requirements which may vary for such categories. 15.44.215 Collection Arrangements Required. In order to protect the public health, safety, and well-being and to prevent the spread of vectors, the person responsible for the day-to-day operation of each Commercial Premise and Residential Premise in the City at which Solid Waste is generated or accumulated shall either make arrangements with a Solid Waste Enterprise for the collection of Solid Wastes and implement measures to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended. If the City 10 �a determines that the person in charge of day-to-day activities at any residential or commercial premises has failed to subscribe for collection service as required by this chapter, a written notice may be sent informing of the violation and requirements of this chapter. If the person responsible for day-to-day operations does not subscribe to service within 72 hours of the notice, or obtain an exemption per Section 15.44.217, the person is in violation of the Ordinance. 15.44.217 Exemption From Collection Requirements. The person responsible for the day-to-day activities at each premises may apply to the City for an exemption from subscribing to City collection service. This person would be required to obtain a Self -Haul Permit per Part 8 of this Chapter, and if approved for an exemption, will be required to submit reports to the City identifying the disposition of all generated waste, by amount and location, demonstrating that a minimum of 50 percent of the waste generated was diverted from landfill disposal, and demonstrating that all material was handled in accordance with applicable law. Reports are due within ten (10) business days of month-end, in a format prescribed by the City Manager. City may require persons responsible for the day-to-day operation of each premise to reapply for exemption on a biennial basis. If a property owner fails to fulfill any requirements of this Section, the City may arrange for the provision of service at the property and arrange for billing to the person in charge of day-to-day activities. 15.44.220 Recycling Program Required. A. The person in charge of day-to-day operations at all Residential Premises and Commercial Premises are required to make arrangements for the collection of their Recyclable Solid Wastes through services franchised by the City or for Recyclable Materials, through arrangements with a third party recycler. B. Program Enforcement 1. All Residential Premises and Commercial Premises shall comply with Subsection 15.44.220.A within 30 days from the commencement of the operation of the materials recovery facility to be constructed by the City's franchised commercial solid waste enterprise (pursuant to Sections 4.2.7 and 4.2.8 of the Franchise Agreement for Commercial Solid Waste Management Services with the City). 2. If the person in charge of day-to-day operations at a location refuses to implement a Recycling program, the person will be informed of this non-compliance and as a result, will be charged the noncompliance rate and instructed by City, directly or through its franchise hauler(s) as to recycling program options. 3. If the non-compliance rate is paid to the franchised hauler, the franchised hauler must remit those funds to the City at a frequency determined by the City Manager. 11 r3 C. Recycling Program Requirement Exemptions. 1. The person in charge of day-to-day operations at any Residential Premise or Commercial Premises may file for an exemption to the recycling program requirement. 2. In order to qualify for an exemption, the applicant must effectively demonstrate that the recycling requirement is infeasible, or that the applicant would suffer undue or unreasonable hardship by participating in the program. 3. Because the situation in any given location may change, the applicant must reapply for an exemption from the City once every three years. 4. Upon receipt of an exemption application, the City's Environmental Services Division may conduct an investigation to verify the validity of the claim and shall provide the applicant with a written determination. 5. The applicant may seek an administrative review hearing for an adverse determination within ten (10) working days of receiving the written determination. 6. The appeal shall be heard by the City Manager (or designee) as the Hearing Officer and during the hearing, the Hearing Officer shall receive all evidence and arguments regarding the City's determination. 7. After the hearing, the Hearing Officer shall uphold, vacate, or modify the City's initial determination. The decision of the Hearing Officer shall be deemed a final administrative order or decision. 15.44.225 Final Determination of Service Levels and Pickup Locations by City. The City may make the final determination as to where Containers shall be located for collection and storage, and the proper service level, including the number and size of Containers and frequency of collection. Prior to, or absent alternative direction from the City, customers and solid waste enterprises may select service levels and Container locations. 15.44.230 Venue and Event Recycling. Event organizers and operators of events defined in Section 42648 (b) or (c) in Part 3 of Division 30 of the Public Resources Code, otherwise known as AB 2176, shall assist the City in complying with Section 42628 through Section 42911 of the Public Resources Code by completing a waste reduction plan and submitting documentation of diversion at the venues or events to the City. Event organizers and operators shall assist the City in complying with the requirements of the Los Angeles County Municipal Stormwater Permit. See, e.g., Order No. 01-182, NPDES No. CAS0041, Part 4.F.5.c).(2), as it may be amended. 12 Part 3. Solid Waste Franchises, Fees, and Facilities 15.44.300 Fees. A. Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code, §§ 41900 et seq., the City may levy fees upon Solid Waste Enterprises and Solid Waste service recipients for planning, developing and administering (1) any program regarding solid waste, household Hazardous Waste, Recyclable Solid Wastes and/or Green Waste, including related collection, transfer, disposal, processing, auditing, and planning activities; and (2) any program for responding to releases and spills of Solid Wastes which have the characteristics of Hazardous Substances. 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 fees by such means as the Council may elect. B. The City Council, by resolution, may waive fees for Recyclable Solid Waste haulers and for collectors of Green Wastes who transport such Green Waste to a Compostable Materials Handling Facility or a Green Material Composting Facility, as defined in 14'CCR § 17852, or other site permitted (or exempt from permitting) by the California Integrated Waste Management Board in accordance with all governing laws and regulations, and who report all such deliveries to the City. 15.44.305 Solid Waste Franchise Requirements. A. The City Council may award exclusive, partially exclusive, or non-exclusive Solid Waste Franchises for collection of Solid Wastes, including but not limited to Recyclable Solid Wastes, Construction and Demolition Materials and/or Green Waste from all or a portion of Residential and Commercial Premises in the City, unless otherwise delegated by City Council resolution to City Manager. Any such Solid Waste Franchises shall be in the form of a written agreement, granted by the City Council by written resolution. The City Council may determine as well if and when franchises will be issued for any particular category of Solid Waste and may establish the process for application for such franchises by resolution. Where a franchise agreement is silent on an issue, the provisions of this Chapter shall govern. Where a franchise agreement predates the effective date of this Chapter, the provisions of the franchise agreement shall govern over any inconsistent provisions contained in this Chapter. B. A Solid Waste Franchise may be granted on such terms and conditions as the City Council in its sole discretion shall establish as matters of local concern. At a minimum, a Solid Waste Franchise shall name the Solid Waste Enterprise, and shall provide that: 13 The franchisee shall comply with the provisions of this Chapter; 2. The franchisee shall be required to protect, defend, indemnify, and hold the City harmless from liability, including but not limited to, liability under the Resource Conservation and Recovery Act of 1976 ("RCRA") (42 U.S.C. §§ 6901 el seq.), the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., or the Carpenter -Presley -Tanner Hazardous Substance Account Act, ("HSAA"), California Health and Safety Code §§ 25300, et seq, and all future amendments to any of them, as they may be amended and all regulations implementing these acts and all applicable laws governing Universal Wastes. The City may require that such obligation be secured by a guarantee; 3. The franchisee shall be required to cooperate with the City in Solid Waste disposal characterization studies or other waste stream audits and to, submit information required by the City to meet the reporting requirements of AB 939, or any other law or regulation, and to implement measures consistent with the City's Source Reduction and Recycling Element in order for the City to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended, including, but not limited to Public Resources Code § 41780(a)(2); 4. The City Council may set maximum rates for Solid Waste services, including maximum rates by category, such as single family, multifamily and commercial; 5. The franchisee may be required to pay a Franchise Fee to the City for the privilege of conducting a private enterprise over City rights-of-way; and 6. The franchisee may identify up to two "DBAs" under which it may operate in the City pursuant to the franchise agreement. If a franchisee wishes to operate in the City under more than two "DBAs," it must apply for and be granted, at the City's discretion as provided under this Ordinance, a separate franchise agreement. C. In deciding whether to grant a Franchise, the City Council may consider, among other factors, those listed in Section 15.44.335 and a Solid Waste Enterprise's past adherence to City codes, ordinances, franchise agreements, etc. Any applicant who previously had a Franchise revoked shall be debarred from applying for another Franchise for a period of three years. 14 15.44.310 Solid Waste Facilities. No person shall construct or operate a Solid Waste management facility, including but not limited to a materials recovery facility, Solid Waste transfer or processing station, composting facility, a buy-back. or drop-off center, disposal facility or a recycling center without first satisfying all City requirements for land use, environmental and other approvals. Persons operating a materials recovery or a Solid Waste transfer or processing facility in the City shall divert the maximum feasible amount of Recyclable Solid Wastes from landfilling. Inert wastes, as defined in Public Resources Code § 41821(3)(a)(1), shall be removed from the Solid Waste stream and not disposed of in a Solid Waste landfill. 15.44.315 Liability for Solid Waste Fees. A. The person in charge of day-to-day activities of any Commercial Premise or Residential Premise required by this Chapter to have Solid Waste collection or self -hauling shall be liable for the fees and charges for such collection, and/or subject to Self -Haul requirements, in accordance with this Chapter. B. To protect public health, safety, and well-being and to control the spread of vectors, the person responsible for day-to-day operation of each Residential Premise or Commercial Premise in the City at which Solid Waste is generated or accumulated shall make arrangements for collection, recycling, and disposal of that waste generated or accumulated on those premises in accordance with the requirements of this Chapter, or shall obtain a Self -Haul Permit in accordance with Part 8 of this Chapter. The fees and charges (plus any interest or penalties) shall be due and payable on the date stated on the bill. Bills will include a due date, and will not state "payable upon receipt." The person(s) responsible for day-to-day operation of each premises in the City at which Solid Waste subject to this Chapter is generated or accumulated, and which is not self -hauled, shall be liable for the payment of all charges (plus any interest or penalties) for Solid Waste services, including any recycling charges. C. If Solid Waste and recycling service fees and charges (and any applicable interest or penalties) are not paid within thirty days of the date payment was due, Solid Waste, including recycling service may be discontinued and collection of the unpaid amount may be undertaken by any lawful means available to the City or to a Solid Waste Enterprise providing Solid Waste services. City may, but is under no obligation, to assist Solid Waste Enterprises in the collection of payment. D. Upon receipt of written notice from the person responsible for day-to-day operation of a premises in the City to discontinue Solid Waste collection services because the person in charge of day-to-day operations is self -hauling, or because the premises are vacant, the Solid Waste Enterprise providing Solid Waste service shall refund any advance collection fees. 15 15.44.320 Solid Waste Collector Requirements. A. Each Solid Waste Enterprise furnishing Solid Waste handling services (i.e., the collection and disposal of Solid Waste, including Recyclable Solid Waste) to any Residential or Commercial Premise within the City, shall comply with all requirements set forth in this Chapter, including, but not limited to compliance with the requirements of CERCLA, RCRA, and the laws governing Universal Wastes. These requirements include, but are not limited to, all requirements that the City Council may impose. All City requirements shall be established or modified by City Council ordinance or resolution. B. Each Solid Waste Enterprise claiming a right to continue to provide Solid Waste handling services in the City of Santa Clarita pursuant to Public Resources Code § 49520 et seq. or other law (collectively, "continuation rights"), before exercising such rights, shall notify the City (Attn: City Clerk, copies to City Manager and City Attorney) in writing that it claims continuation rights, stating all facts supporting that claim. A Solid Waste Enterprise claiming continuation rights shall adhere to the same standards (including, but not limited to indemnification, insurance, diversion rates, and other service levels), shall charge comparable rates for service and shall pay the same fee as those franchise fees required by the City of other Solid Waste Enterprises with an exclusive Solid Waste Franchise. In accordance with Public Resources Code Section 49521(b) "rates that are comparable to those established by the local agency" shall vary no more than five percent above or below those maximum rates set in any exclusive Solid Waste Franchise entered into by the City. If a Solid Waste Enterprise claiming a right to continue to provide Solid Waste handling services in the City pursuant to Public Resources Code Section 49520 et seq. or other law fails to (1) adhere to the same material standards, (2) charge comparable rates for service, or (3) pay franchise fees required by the City of other Solid Waste Enterprises with an exclusive Solid Waste Franchise as provided in the Municipal Code, such Solid Waste Enterprise shall forfeit whatever, if any, continuation rights it may have had. The following standards are deemed by the City to be material: all insurance, bonding, and indemnification requirements, rates of service, diversion requirements, franchise fee payment, and all service standards set in an exclusive Solid Waste Franchise entered into by the City. C. Each Solid Waste Enterprise furnishing Solid Waste handling collection services shall divert or cause to be diverted, the maximum feasible amount of Recyclable Solid Wastes from landfilling. Inert wastes, as defined in Public Resources Code § 41821(3.(a)(1), shall be removed from the Solid Waste stream and not disposed of in a Solid Waste landfill. D. Any person or entity, other than a person which has obtained a Self -Haul Permit, or a Solid Waste Enterprise which has obtained a franchise from the City, that engages in the collection of Residential or Commercial Solid Waste or which 16 places a Container for the accumulation of Solid Waste in the City for compensation shall be guilty of a misdemeanor punishable as provided in the Santa Clarita Municipal Code. Each day in which a person or entity engages in the collection of Residential or Commercial Solid Waste in the City or places a Container for the accumulation of Solid Waste, or permits a Solid Waste Container to remain, in the City without holding a franchise issued by the City, shall be a separate offense and constitutes a nuisance. See also § 15.44.730, below. This Subsection does not apply to a licensed contractor self -hauling Construction and Demolition Materials from Commercial or Residential Premises within the scope of the contractor's license and no Self -Haul Permit shall be required for such activities in accordance with Section 15.44.810. 15.44.325 Revocation and Suspension of Franchises or Rights to Operate in the City of Santa Clarita—Grounds. A. Any Solid Waste Franchise issued or recognized under this Chapter or continuation hauler rights, is subject to revocation or suspension for cause, as further described in Subsection B below and the terms of the Franchise Agreement. B. No Solid Waste Enterprise which engages in any act or conduct which falls in any one or more of the following may collect Solid Waste in the City: Operating the Solid Waste Enterprise in a manner contrary to the public health, safety, well-being, peace, welfare, morals, or which are found to constitute a public nuisance; 2. Violating any regulation of the California Integrated Waste Management Board, the California Department of Toxic 'Substances Control, the California Air Resources Board, or any of their respective successor agencies, a Local Enforcement Agency, this Municipal Code, or any material condition of a Solid Waste Franchise affecting public health and safety in the City; 3. Violating any federal or state law in which the Solid Waste franchisee or any of its officers, directors, or employees are found guilty of any crime related to the performance of the franchise agreement, of any crime related to anti-trust activities, illegal transport, or disposal of hazardous or toxic materials, or bribery of public officials; 4. Engaging in fraud or deceit upon the City, made or makes or uses any false, fictitious or fraudulent statements or representations, or practiced any fraud or deceit or made any false, fictitious or fraudulent statements or representations in connection with the issuance or renewal of the Solid Waste Franchise; 17 \q 5. Becoming insolvent, unable or unwilling to pay its debts, including payment of fees due to the City, or having a receiver or trustee appointed to take over and conduct the business of the Solid Waste Franchisee whether in a receivership, reorganization, or bankruptcy proceeding; 6. Failing to provide or maintain in full force and effect the workers compensation, liability, and indemnification coverages or cash bond as required; 7. Violating any order or ruling of any regulatory body with respect to Solid Waste handled or collected within the City, except that such order or ruling may be contested by appropriate proceedings conducted in good faith, in which case no violation shall be deemed to have occurred until a final decision adverse to the Solid Waste Enterprise is entered; or 8. For any Solid Waste Enterprise claiming a right to continue to provide Solid Waste services in the City of Santa Clarita pursuant to Public Resources Code § 49520 et seq or other law, failing to adhere to the same material standards required by the City of other Solid Waste Enterprises with a Solid Waste Franchise. 15.44.330 Termination of Solid Waste Franchises, Continuation Rights, or Operations of a Solid Waste Enterprise - Procedure for Notification of Deficiencies and Suspension or Revocation. A. If the City Manager determines that (1) the continuing performance of a Solid Waste Enterprise in the City may not be in conformity with reasonable industry standards applicable in Los Angeles County or provided under the California Integrated Waste Management Act, including, but not limited to, requirements for implementing diversion, source reduction and recycling, or any other applicable federal, state, or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of solid and Hazardous Waste, including, but not limited to the regulations of the Department of Toxic Substances Control governing collection and handling of Universal Wastes and the diversion rates required of the City by Public Resources Code § 41780(a)(2), or this Chapter, or (2) a franchisee is in default of the terms of its franchise, the City Manager shall advise the Solid Waste Enterprise in writing of such suspected deficiencies. In any written notification of deficiencies, the City Manager shall set a reasonable time within which the Solid Waste Enterprise is to correct the deficiencies and respond. Unless otherwise specified, a reasonable time for response and correction of deficiencies shall be thirty (30) days from the receipt of such written notice by the Solid Waste Enterprise. B. At the expiration of the time set for response from the Solid Waste Enterprise, the City Manager shall review the record, including any written response from the Solid Waste Enterprise to the notice of deficiencies, and take either of the 18 W'11 following actions: (1) resolve the matter in favor of the Solid Waste Enterprise; or (2) order remedial action to cure any breach. In either event, the City Manager shall inform the Solid Waste Enterprise in writing of the decision. A decision or order of the City Manager shall be final and conclusive unless the Solid Waste Enterprise files a written "Notice of Appeal to the City Council" with the City Clerk (with copy to the City Manager and City Attorney) within twenty 20 days of mailing of the decision. A "Notice of Appeal to the City Council" shall state the legal basis and all legal and factual contentions of the Solid Waste Enterprise and shall include all evidence, including affidavits, documents, photographs, CDs, DVDs, and videotapes. A "Notice of Appeal to the City Council" shall not be accepted by the Clerk for filing unless accompanied by a "Notice of Appeal Filing Fee" in an amount to be set by City Council resolution. C. Within sixty (60) business days of receipt by the City Clerk of a Notice of Appeal to the City Council, the City Council shall set the matter for a public hearing. The City Clerk shall give written notice of the time and place of the hearing, as well as publish such notice as required for public hearings: At the hearing, the City Council shall consider the administrative record, including the notice of deficiency, the Solid Waste Enterprise's response, the City Manager's written decision, and the Solid Waste Enterprise's "Notice of Appeal to the City Council." The City Council shall also give the Solid Waste Enterprise, or its representatives and any other interested person, a reasonable opportunity to be heard. The proceedings before the Council shall be an informal administrative hearing and the rules of evidence, as generally applied in judicial proceedings, shall not be applicable. D. Based on the administrative record, the Council shall determine by resolution whether the City Manager's decision should be upheld.:A tie vote of the City Council shall be regarded as upholding the City Manager's decision. If, based upon the record, the City Council determines that the Solid Waste .Enterprise is in breach of any material provision of any applicable federal, state, or local statute or regulation, or other cause for termination of the Solid Waste Franchise, or decides to order the Solid Waste Enterprise to cease operations in the City, the City Council, in the exercise of its sole discretion, may order remedial actions to cure the breach, or terminate forthwith the Solid Waste Franchise or order operations in the city to cease. The decision of the City Council shall be final and conclusive. E. The prevailing party in any administrative proceeding, including any judicial appeal of same, shall be entitled to payment of its costs and expenses, including reasonable attorneys' fees, by the non -prevailing party. F. Nothing in this Chapter shall preclude the City from exercising any other remedy, including criminal prosecution or seeking equitable relief. 19 15.44.335 Restrictions on Transfer of Solid Waste Franchises. A. A Solid Waste Franchise or other form of City -granted Solid Waste collection authorization shall not be transferable, except as follows: 1. A Solid Waste Franchise shall not be transferred, sold, sublet or assigned, nor shall any of the rights or privileges therein be leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of the Solid Waste Enterprise or by operation of law without the prior consent of the City expressed by written resolution. For purposes of this Section, any sale, dissolution, merger, consolidation, or other reorganization of the Solid Waste Enterprise or the sale or other transfer of an accumulative ten percent or more of the voting stock of a corporate Solid Waste Enterprise by any person, or group of persons acting in concert, who already own less than fifty percent of the voting stock of the Solid Waste Enterprise shall be deemed a change in control. Any attempt of the Solid Waste Enterprise to assign the Solid Waste Franchise without the prior written consent of the City shall be void. 2. An application for a transfer of a Solid Waste Franchise shall be made in a manner prescribed by the City Manager. The application shall include a franchise transfer application fee in an amount to be set by the City by resolution of the City Council, to cover the anticipated cost of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to analyze adequately the application, in order to reimburse the City for such direct and indirect expenses. In addition, the Solid Waste Franchisee shall reimburse the City for all reasonable consultants', attorneys' and staff costs not covered by the franchise transfer application fee, whether or not the City approves the application for transfer. The City's request for reimbursement shall be supported with evidence of the expenses and costs incurred. The Solid Waste Enterprise and the applicant for transfer shall be jointly and severally liable for the payment of any reasonable consultants', attorneys' and staff costs not covered by the franchise transfer application fee. 3. The applicant for a transfer of a Solid Waste Franchise shall have the burden of demonstrating that it has the operational and financial ability to meet all obligations of the Solid Waste Franchise. 4. The City shall not be required to give its consent to a transfer of a Solid Waste Franchise. As a condition to giving its consent to a transfer of a Solid Waste Franchise, the City may require the execution of an amendment to the franchise, imposing such conditions as the City, in the exercise of its discretion, may require. The City may also require the payment of a portion of Gross Revenues to the City. D -D- 5. Notwithstanding the above, the holder of a Solid Waste Franchise shall be entitled to pledge, encumber, or grant any security interest in the Solid Waste Franchise provided that the holder shall first notify and obtain City consent to such transaction, subject to the following conditions: a. Any consent so granted shall not be deemed a consent to the exercise by such pledge, encumbrancer, or secured party of any rights of the holder under the Solid Waste Franchise, permit, franchise, or other authorization unless so noted by the City; b. Any consent so granted shall not be deemed consent to any subsequent transfer or assignment. Any subsequent transfer or assignment shall be deemed an assignment of the Solid Waste Franchise, permit, or other authorization within the meaning of this Section and shall be void without the prior written consent of the City expressed by resolution; and the pledge, encumbrancer, or secured party shall execute and deliver to the City a written instrument, in a form satisfactory to the City Attorney, expressing agreement to be bound by the provisions of the Solid Waste Franchise, permit, franchise or other authorization. C. A change in DBA (a Solid Waste Enterprise "doing business as") is considered a transfer, and requires prior consent of the City. See §§ 15.44.305.13.6 and 15.44.335.A.1, above. If one franchisee acquires another franchisee, that acquisition shall be handled in the following two ways: (1) if the acquiring franchisee is to merge the acquired franchisee's Solid Waste Enterprise with the acquiring franchisee's operations, the acquired franchisee's franchise is deemed terminated; or (2) If the acquiring franchisee elects to maintain the acquired franchise as a separate entity, it will be deemed a transfer subject to the terms of this Section. Part 4. Containers, Bulky Goods, Recyclable Materials, and Green Waste 15.44.400 Containers: Use. A. To protect public health, safety, and well-being and prevent the growth and spread of vectors, every Residential and Commercial Premise designated under § 15.44.215 ("Collection Arrangements Required") of this Chapter, shall keep in a suitable place one or more Containers capable of holding without spilling, leaking, or emitting odors, all Solid Waste, including Recyclable Solid Wastes and Green Waste which would ordinarily accumulate on the premises between the time of two successive collections. B. To protect public health, safety, and well-being and prevent the growth and spread of vectors, every Residential and Commercial Premise designated under § 21 :3 15.44.215 of this Chapter shall deposit or cause to be deposited in Containers provided or approved by a Solid Waste Enterprise all Solid Waste generated or accumulated on those premises. C. No person shall place ashes which are not cold and free from fire in any Container. 15.44.405 Containers, Bulky Goods, and Green Waste: Placement and Removal. A. To protect public health, safety, and well-being and prevent the growth and spread of vectors, no person shall place for collection any Solid Waste Container not in conformance with the Solid Waste Container(s), designated by the Solid Waste Enterprise providing collection services. B. No person shall place a Residential Solid Waste Container adjacent to a street or public right-of-way for collection if the Container and its contents weigh more than fifty pounds, unless automated collection is used. Automated collection means a mechanical lifting device is used to empty the residential Solid Waste Containers, instead of requiring lifting by the driver. C. To minimize interference with public rights-of-way, no person shall place a Container or any Bulky Goods adjacent to a street or public right-of-way for collection service before the day preceding the regularly scheduled collection day. Bulky Goods may not be set out for collection unless the person in charge of day-to-day operations of the premises has made prior arrangements with a Solid Waste Enterprise approved by the City for pickup of the Bulky Goods. D. During the hours for collection designated in Section 15.44.405.E below, Residential Solid Waste Containers shall be placed at the collection location designated by the Solid Waste Enterprise holding the Residential Solid Waste Franchise and shall be placed in a manner accessible for automated pickup, if automated pickup methods are utilized by the Solid Waste Enterprise. Except during the time a Container is placed for collection, Residential Solid Waste Containers shall not be visible from the public right-of-way. Commercial Bins shall be accessible to the Solid Waste Enterprise providing Solid Waste services at that location. E. Solid Waste Containers, such as residential Containers, that are moved to a collection point to facilitate collection, shall be placed for collection no sooner than 6:00 p.m. on the day before the regularly scheduled collection day and shall be removed from any location adjacent to a street or right-of-way not later than 8:00 a.m, on the day following the regularly scheduled collection day. F. No Container placed in any front yard or side yard shall be visible from a public street except during collection hours. No Container may be placed in any public 22 right-of-way unless an encroachment permit, authorizing the placement, has been issued by the City. A Bin, Construction and Demolition Material Bin, Temporary Bin, or Roll -Off Box may be placed on private property, visible to the public for temporary periods not to exceed those set forth in the definition of Temporary Bin. G. A Solid Waste Enterprise which has been notified by a Commercial Solid Waste service recipient or the City that Commercial Solid Waste service is to be discontinued at a particular service location shall remove all of its Commercial Bins from the premises of the service recipient who is discontinuing Commercial Solid Waste service within one week following receipt of notification that Commercial Solid Waste service is to be discontinued. H. No Solid Waste Enterprise shall place a Commercial Bin, Construction and Demolition Material Bin, Temporary Bin, Roll -Off Box, or any Container other than residential Solid Waste Containers, at any location within the City unless the Container is clearly marked with the name, address, and telephone number of the owner of the Container and a unique Container number. The identification shall be waterproof and legible. Residential Solid Waste Containers shall be labeled as specified in an applicable Solid Waste franchise. Each Solid Waste Enterprise shall maintain its solid waste Containers within the City in a manner to protect public health and safety and prevent the spread of vectors. J. Each Solid Waste Enterprise shall maintain its Solid Waste Containers in the City free from any exterior paint or markings commonly referred to as "graffiti" or "tagging." K. Each Solid Waste Enterprise shall post each of its Solid Waste Containers in the City with conspicuous notices on the Container that the Container is not to be used for the disposal of liquid or Hazardous Waste. L. The City may require that Commercial Bins be stored in a bin enclosure with adequate space to accommodate Containers for both Recyclable Solid Waste and non -Recyclable Solid Waste Containers. All new enclosures are subject to inspection by the City. Enclosures must be located in places convenient for the removal of the Containers for collection. Enclosures, including gates and gate hardware, must be maintained in good working condition and readily accessible by the City. Storage of equipment or materials, except brooms, shovels, and fire extinguishers, and Solid Waste placed for collection, is prohibited unless specifically approved in writing by the City. 23 a.5 15.44.410 Recyclable Materials and Recyclable Solid Wastes. A. Upon placement of Recyclable Solid Waste at a designated recycling collection location, or placement of Recyclable Solid Waste or Recyclable Materials in a Container provided by a Solid Waste Enterprise or by an Authorized Recycling Agent for collection of Recyclable Solid Wastes, the Recyclable Materials, and Recyclable Solid Waste become the property of the Solid Waste Enterprise or Authorized Recycling Agent, by operation of state law. See Public Resources Code § 41950(c). B. The recycling or disposal of any Recyclable Solid Waste which has become part of the Solid Waste stream by having been discarded shall be in accordance with the provisions of this Chapter. - C. Except as provided below, nothing in this Chapter shall limit the right of any person, organization, or other entity to sell Recyclable Material owned by that person, organization or other entity or to donate Recyclable Material to a charity or any other entity other than a Solid Waste Enterprise, D. If the seller or donor of Recyclable Material pays the buyer or the donee any consideration for collecting, processing, recycling, transporting or disposing of the Recyclable Material, or providing consultation services which exceed the selling price of the Recyclable Material, the transaction shall not be regarded as a sale or donation of Recyclable Material, but as an arrangement for the disposal of Solid Waste and shall be subject to this Chapter. E. A person who receives a discount or reduction in the collection, disposal, and/or recycling service rates for unsegregated or segregated Solid Waste shall not be deemed to be selling or donating Recyclable Material and does not fall within this "donate or sell" exception. 15.44.415 Green Waste. Green Waste shall be cut into pieces not to exceed four feet in length and six inches in diameter, before being placed adjacent to a street or public right-of-way for collection. Green Waste shall be placed in Containers designated for the collection of Green Waste, or tied securely in bundles not exceeding fifty pounds and shall not be contaminated with other forms of Solid Waste or with Hazardous Waste. No person shall mix Green Waste with other forms of Solid Waste, nor contaminate Green Waste with any other substance, unless specifically permitted by City a Solid Waste Enterprise. Materials such as food waste or manure may be placed in Green Waste Containers only if the City or franchised Solid Waste Enterprise has established such a recycling program and only in the manner in which specifically directed by the City. 24 Part 5. Collection 15.44.500 Frequency and Hours of Collection. A. Each Solid Waste Enterprise shall collect the contents of each Commercial Bin (except Construction and Demolition Bins, Temporary Bins and Roll -Off Boxes) and Residential Solid Waste Container placed, located or maintained in the City by that Solid Waste Enterprise not less frequently than once per week. B. Subject to the requirements for minimum removals per week, set forth above, persons in charge of the day-to-day operation of Commercial Premises, including, but not limited to restaurants, and Multifamily Residential Premises, may specify the frequency of collection of Solid Waste from the premises and the size and number of Commercial or Multifamily Residential Containers required, provided that the person in charge may not specify a Container size or frequency that is inadequate to contain the Solid Waste generated by the premises between collections. C. If a Residential or Commercial Premise consistently has issues with overflowing Containers (e g three weeks worth of incidents during any two month period), the City may require the persons in charge of the day-to-day operation of Residential or Commercial Premises to increase the level of service to adequately meet Collection needs. The adjustments to services may include increasing the size of the Containers used at the Premises , increasing the number of Containers, or increasing frequency of Collections. D. In order to protect residents' quiet enjoyment of their Residential Premises, and except as otherwise set forth in a City approved franchise agreement, collection from Residential Premises, both single family and multifamily, shall not be made between the hours of 7:00 p.m. of any day and 6:00 a.m. of the next day, or on any Sunday, unless permitted by the City. Collection from Commercial Premises at locations more than six hundred feet from any residential zone and/or use within the City shall not be made between the hours of 7:00 p.m. and 5:00 a.m. Collection from Commercial Premises at locations less than six hundred feet from any residential zone and/or use within the City shall not be made between the hours of 7:00 p.m. and 6:00 a.m. Subject to the foregoing requirements, collections shall be made by arrangement between the person in charge of day-to-day operation of Commercial Premises and the, Solid Waste Enterprise. E. Solid Waste Enterprises shall design their routes and times for collection in a manner which minimizes air pollution, traffic, noise, and wear and tear on public and private streets and other problems with the potential to adversely affect public health, safety, or the environment. The City shall have the right to direct a Solid Waste Enterprise to revise its routing to better address these concerns, to address resident complaints, and to coordinate with street sweeping and with Public Works projects or other projects affecting street usage. 25 D� 15.44.505 Special Collections. The person responsible for the day-to-day operation of each Residential or Commercial Premise in the City may order special collections of such things as Bulky Waste and Construction and Demolition Material and drop-off or roll -off bin services. Part 6. Collection Vehicles and Equipment, Cleanup 15.44.600 Collection Vehicles. A. To protect public health, safety, and well-being, any truck used for the collection or transportation of Solid Waste within the City shall be leak proof and equipped with a close -fitting cover which shall be affixed in a manner that will prevent spilling, dropping or blowing of any waste upon the public right-of-way during collection or transportation. B. No person shall park, or cause to be parked in a public area or public street within the City any Solid Waste collection vehicle containing Solid Waste unless the vehicle is free from odor and in a sanitary condition. 15.44.605 Trucks: Noise Standards To protect the public health, safety, and quiet enjoyment of the City's residents, the noise level for collection vehicles during the stationary compaction process shall not exceed seventy-five A -weighted decibels (dBA) at a distance of twenty-five feet from the collection vehicle and at an elevation of five feet from the horizontal base of such vehicles. 15.44.610 Cleanup Responsibility. A. Any person or entity handling Solid Waste, including Recyclable Solid Waste and Green Waste within the City shall immediately cleanup, or arrange for the immediate cleanup, of any Solid Waste released, spilled, or dumped into the environment during collection, handling, or transport within the City by such person. B. Until Solid Waste has been picked up by a Solid Waste Enterprise, or is self -hauled, the person in charge of the day-to-day operation of each Residential or Commercial Premise in the City shall be responsible for the cleanup of any and all Solid Waste generated, deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped, or disposed into the environment, or which otherwise has come to be located outside an authorized Container on, at, or in the premises of which the person is in charge. This cleanup responsibility 26 IM includes the cleanup of Solid Waste, including Recyclable Solid Waste and Green Waste which has come to be located outside an authorized Container for the collection of such Solid Waste, notwithstanding human or animal interference with a Container, wind or other natural forces and whether during storage, collection, removal, or transfer. For purposes of this Section, the term "disposed into the environment" shall include, but is not limited to, the abandonment of or discarding of barrels, Containers and other closed receptacles of solid or liquid waste of any kind whatsoever. C. Each Solid Waste Enterprise shall cleanup any Solid Waste spilled or otherwise released or discharged into the environment during its Collection, removal, or transfer, as soon as the spill, release, or discharge occurs. Part 7. Unlawful and Prohibited Acts 15.44.700 Use of Containers Required. To protect public health, safety, and well-being and to control the spread of vectors, no person other than a self -hauler permitted pursuant to this Chapter, or a licensed contractor performing work within the scope of that contractor's license in accordance with Section 15.44.810, shall keep Solid Waste, including Green Waste, in any Container other than a Container approved by a franchised Solid Waste Enterprise or the City; nor shall any person place Solid Waste in any Container provided by a nonfranchised Solid Waste hauler (except pursuant to Part 8 herein or Chapter 15.46); nor shall any person accumulate Solid Waste for more than fourteen consecutive days; nor shall any person keep upon any premises in the City any Solid Waste which is offensive, obnoxious, or unsanitary. All of the foregoing is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances. 15.44.705 Removal of Solid Waste. To protect public health, safety, and well-being, and to control the spread of vectors, no person, other than the person in charge of day-to-day activities at any Residential or Commercial Premise or a Solid Waste Enterprise authorized by the person in charge of the premises, or a representative of the City, shall remove any Container from the location where the Container was placed for storage or collection by the person in charge of day-to-day activities at the premises, or remove any Solid Waste from any Container, or move the Container from the location in which it was placed for storage or Collection. 15.44.715 Placement of Bulky Goods. To protect public health, safety, and well-being and to minimize interference with public rights-of-way, no person shall place Bulky Goods adjacent to a street or public right-of-way without first having made arrangements with a Solid Waste Enterprise 27 DI licensed or permitted by the City for the pickup of the Bulky Goods. No person shall place Bulky Goods in, on, or around a bin enclosure or inside or adjacent to a bin without first obtaining permission from the service recipient and the corresponding Solid Waste collector. 15.44.720 Use of Civic Litter Containers. To protect public health, safety, and well-being, no person shall place or deposit residential, institutional, commercial, industrial, special, Sharps, E -Waste, Universal, or other Hazardous Waste in any Civic Litter Container. 15.44.723 Scavenging. It is unlawful for anyone other than the owner of the Recyclable Materials or an authorized Recyclable Materials collector to remove Recyclable Materials or Recyclable Solid Wastes placed for collection in Containers labeled for use in connection with a recycling program sponsored by the City or City -authorized Solid Waste Enterprise. 15.44.725 Solid Waste Burning Prohibited. To protect public health, safety, and well-being, no person shall burn Solid Waste within the City, except in an approved incinerator, transformation facility, conversion technology facility or other device for which a permit has been issued and which complies with all applicable permit and other regulations of air pollution control authorities and provided any such act of burning in all respects complies with all other laws, rules, and regulations. 15.44.730 Collection of Solid Waste Without Solid Waste Franchise or Continuation Rights Prohibited. A. To protect public health, safety, and well-being, no person except a City employee or a Solid Waste Enterprise with a Solid Waste Franchise or continuation rights recognized by the City, or a person authorized under Part 8 of this Chapter (Self -Haulers), or a licensed contractor performing work within the scope of that contractor's license, shall collect or remove any Solid Waste or Green Waste from any Premises within the City. B. No person other than a Solid Waste Enterprise which has a Solid Waste Franchise issued by the City or a Solid Waste Enterprise with continuation rights recognized by the City, or a licensed contractor performing work within the scope of that contractor's license, shall place a Container for the accumulation of Solid Waste at any premises within the City or collect any Solid Waste from any premises or permit or suffer a Solid Waste Container to remain in any place within the City. Each day any person other than a Solid Waste Enterprise which has a Solid Waste franchise issued by the City or continuation rights recognized by the City shall collect any Solid Waste from any Premises or place a Container for the ►: accumulation of Solid Waste at any premises within the City, or permit or suffer a Solid Waste Container to remain in any place within the City shall constitute a separate offense and shall be a nuisance. 15.44.735 Use of Container of Another. To protect public health, safety, and well-being and to prevent the contamination of Solid Waste, including Recyclable Solid Wastes and Green Waste, no person shall place Solid Waste in, or otherwise use the Solid Waste Container, including a Recyclable Solid Waste or Green Waste Container, of another, without the prior written permission of such other person. 15.44.745 Unlawful Dumping Prohibited. No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury, or dispose into the environment (including by abandonment or discarding of barrels, Containers and other closed receptacles of solid, hazardous, or liquid waste of any kind whatsoever) any solid or liquid waste upon any premises within the City, or to cause, suffer, or permit any solid or liquid waste to come to be located upon any premises in the City, except in an authorized or permitted Solid Waste Container or at an authorized or permitted Solid Waste Facility approved for that type of waste. 15.44.750 Public Nuisance. To protect public health, safety, and well-being and to prevent the spread of vectors, it is unlawful and a public nuisance, for any person or entity to violate any term of this Ordinance. For these same reasons, it is a public nuisance for any person or entity to occupy, inhabit, maintain, or to be in day-to-day control of any premises within the City which generates Solid Waste for which arrangements have not been made with a franchised Solid Waste Enterprise, a Solid Waste Enterprise with continuation rights recognized by the City, or without obtaining a Self -Haul Permit from the City, for regular collection and removal of Solid Wastes, including Recyclable Solid Wastes or Green Waste. 15.44.755 Impoundment of Trash Containers. The improper collection of Solid Waste and the disposal of Recyclable Materials in landfills are detrimental to the City's diversion efforts and quality of life in the City. Therefore, the operation of a nonfranchised Solid Waste collection operation in violation of Section 15.44.305 creates a nuisance to the City. Such operations shall result in the impoundment of any and all Containers used in the unlawful operation as provided in this Subdivision. 29 3\ A. Notice of Violation. Upon discovery of a Container determined to be used in the operation of a nonfranchised Solid Waste hauling business within the City, the City shall identify the owner of the nonfranchised business and shall serve upon the owner a written Notice of Violation by certified U.S. first-class mail, return receipt requested. The Notice shall be accompanied by a photograph of the Container as discovered by the City indicating the address where the Container was discovered. The Notice of Violation shall include the following: a. That it is unlawful to operate a Solid Waste hauling business in the City without obtaining a City -approved Franchise pursuant to the City of Santa Clarita Municipal Code 15.44. b. That, in the case of the issuance of a Notice of Violation to the owner of the Container for the violation of Section 15.44.305, any and all other Containers used in the unlawful Solid Waste hauling business by the owner located in the City must be removed within ten (10) days from the date of the Notice of Violation. Failure to remove all such Containers within this time period may result in the City causing them to be impounded at the owner's expense. C. That, in the case of all subsequent violations of Section 15.44.305 involving a Container within a twelve (12) month period of the expiration of the ten (10) day period set forth in (ii) above, the Container(s) may be immediately impounded upon discovery by the City at the owner's expense prior to any subsequent notice being issued. d. That Containers not reclaimed within thirty (30) business days from impoundment and whose impoundment are not contested pursuant to Subsection (E)(1) of this Section shall become property of the City to be sold or disposed of as determined by the City. e. That the owner may make a request for a hearing, accompanied by the required fee, as set forth in Subsection (E)(1) of this Section within ten (10) business days of the date of the Notice of Violation to contest that there was a violation of Section 15.44.305 or that he/she is the responsible party. f. A copy of this Ordinance in its entirety. g. A map delineating the City's borders. 30 .�Z B. Unlawfully placed trash Containers — Impoundment. In the case of Containers used in the operation of a nonfranchised Solid Waste hauling business, the owner must remove all Containers placed within the City within ten (10) business days of receipt of Notice of Violation, unless the Notice of Violation is appealed pursuant to Subsection (E)(1). Absent an appeal, failure to remove any and all such Containers within ten (10) business days may result in the City causing said Containers to be impounded at the owner's sole expense, which shall include all impound towing, dump (emptying), storage, and administrative processing fees. 2. Following receipt of the Notice of Violation by a nonfranchised Solid Waste hauling operation and after the period set forth in Subsection (13)(1), without any additional prior Notice, the City may cause the impoundment of any Containers determined to be used by the same owner, irrespective of the name under which the unlawful business is operated and regardless of the location of such Containers. 3. Notwithstanding the foregoing, and consistent with the provisions of Subsection (A) herein, the City may cause the immediate impoundment of any and all Containers whose owner has received -a Notice of Violation which was not overturned on appeal pursuant to Subsection (E) in the prior 12 months. Such Owner may still appeal the current Notice of Violation pusuant to Subsection (E). 4. Containers not reclaimed within thirty (30) days and whose impoundment are not contested pursuant to Subsection (E)(1) of this Section shall become property of the City to be sold or disposed of as determined by the City. 5. The fees related to the impoundment, emptying, storage, and administrative processing of impounded Containers shall be set by City Council resolution. C. Notice After Impoundment. Upon discovery of a Container that has not been removed subsequent to the issuance of a Notice of Violation within the time period required pursuant to Subsection (13)(1) of this Section, or in the case where a Container is found to belong to a nonfranchised waste -hauling operator who was previously issued a Notice of Violation within the preceding twelve (12) month period, the City may cause the Container to be immediately impounded at the owner's expense. The City shall serve upon the owner a written Notice After Impoundment by certified U.S. first-class mail, return receipt requested. 31 33 The Notice after Impoundment shall be accompanied by a photograph of the Container as discovered by the City indicating the, address where the Container was discovered. The Notice after Impoundment shall include the following: 1. That, pursuant to the Notice of Violation previously issued to the owner, the owner was found to be in violation of the City of Santa Clarita Municipal Code § 15.44.305 and was required to remove the subject Container within the time period set forth in the Notice of Violation. 2. That either: a. The failure of the owner to remove the Container in the requisite time period set forth in the Notice of Violation would result in the City causing said Container to be impounded at the owner's expense; or b. The previously issued Notice of Violation informed the owner that all subsequent violations of Section 15.44.305 occurring within a twelve (12) month period from the expiration of the time period allotted for its removal in the Notice of Violation would result in its immediate impoundment upon discovery by the City at the owner's expense prior to any subsequent notice being issued. 3. That either: a. Due to the owner's failure to remove the Container in the requisite time period set forth in the Notice of Violation the City caused said Container to be immediately impounded at the owner's expense; or b. Due to the owner having violated Section 15.44.305 within a twelve (12) month period from the date of expiration of the time period allotted for the removal of the roll -off Container or dumpster described in the Notice of Violation, the City caused the Container identified in the enclosed photograph to be immediately impounded at the owner's expense. 4. That upon presenting a Receipt issued by the City showing payment in full of all impound and storage fees, the owner may reclaim the impounded Container from the storage location. 5. That any and all fees for any impounded Container must be paid within ten (10) business days from the date the Notice after Impoundment was sent. 32 6. That if the impounded Container is not reclaimed within 24 hours from the payment of the fees, additional storage costs will accrue and must be paid prior to reclaiming the Container. 7. That the owner may make a request for a hearing as set forth in Subsection (E)(1) of this Section within ten (10) business days of the date of the Notice of Violation. 8. A copy of this Ordinance in its entirety. D. Service of Notice of Violation upon unidentified owners of Containers. The designated enforcement employee shall conduct a diligent investigation to identify the owner of any and all unmarked Containers of nonfranchised waste hauling operations within the City for the purpose of promptly serving the owner through U.S. mail with a Notice of Violation. For purposes of this Section, "unmarked Containers" shall mean Containers with insufficient information to identify and contact the owner of the Container (i.e. lack of name, working phone number, valid address, etc.) When, despite diligent efforts, the identity of the owner of an unmarked Container cannot be determined, the enforcement employee shall serve the Notice of Violation by leaving it firmly affixed to the Container. The enforcement employee shall take a photograph that shows the Notice affixed to the Container. The owner shall be deemed to have been served at the time the Notice is affixed to the Container. All unmarked Containers in the public right-of-way may be immediately impounded upon discovery by the City at the owner's expense prior to any subsequent notice being issued. Any unmarked Container impounded pursuant to this Section that is not claimed within ten (10) business days of impoundment or for which impoundment is not contested pursuant to Subsection (E)(1) of this Section shall become property of the City to be sold or disposed of as determined by the City. All fees received by the City shall be used to offset the cost of implementing this Ordinance and to increase diversion. E. Administrative Hearing. Request for Hearing. Any responsible party to whom a Notice of Violation has been issued may contest that there was a violation of this Subdivision, or that he/she is the responsible party by filing a written request with the City Manager or designee for a hearing within ten (10) business days from the date of Notice, accompanied by a fee set by resolution of the City Council. The City Manager shall set a date for a hearing to occur within thirty (30) calendar days from the date of the request. 2. Notification of Hearing. At least ten (10) business days prior to the date of the hearing, the City shall, by U.S. certified mail, return receipt requested, 33 or personal service, give notice to the responsible party of the time, date, and location of the hearing. The City shall also provide the responsible party with any materials provided to the Hearing Officer at the time the materials are provided to the Hearing Officer. 3. Hearing Officer. 'Appointment and responsibilities of the Hearing Officer shall be in accordance with the following: a. The City Manager shall appoint a person who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate (referred to as the "Hearing Officer"). b. Any person designated to serve as a Hearing Officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure § 170.1. The responsible party may challenge the Hearing Officer's impartiality by filing a statement with the City Manager at least five (5) days prior to the date of the hearing, objecting to the hearing before the Hearing Officer and setting forth the grounds for disqualification, in which case the hearing shall be postponed pending a determination on the issue of impartiality. The question of disqualification shall be heard and determined in writing by the enforcement employee within thirty (30) days following the date on which the disqualification statement is filed. 4. Hearing Procedures. Administrative hearing procedures are as follows: a. The administrative hearing is intended to be informal in nature. b. Each party shall have the opportunity to offer testimony and evidence and cross examine witnesses in support of his/her case. F. Administrative Order. The administrative order shall be issued in accordance with the following: 1. Within ten (10) business days of the conclusion of the hearing, the Hearing Officer shall provide the responsible party with his/her decision in writing (referred to as "administrative order"). The Hearing Officer shall provide the responsible party with the administrative order by personal service or by certified mail, return receipt requested, to the responsible party's last known business address. 2. The administrative order shall contain the Hearing Officer's reasons for the decision and the procedure described in Subsection (H) for seeking judicial review. 34( 3. A decision in favor of the responsible party shall constitute a dismissal of the municipal ordinance violation. The City shall promptly return any impound fees paid by the responsible party and any bin or dumpster that was determined to be unlawfully impounded. 4. If the Hearing Officer renders a decision in favor of the City, the responsible party must comply with the administrative order or seek judicial review of the administrative order pursuant to Subsection (I). 5. The prevailing party in any administrative proceeding, including any judicial appeal of same, shall be entitled to payment of its costs and expenses, including reasonable attorneys fees, by the nonprevailing party. G. Failure to attend administrative hearing. The effects of failing to attend the hearing are as follows: Waiver of right to hearing. The responsible party's failure to appear at a hearing shall constitute a waiver of the right to a hearing, a forfeiture of the impound fees, and a failure to exhaust administrative remedies. 2. Good cause. Upon a showing of good cause by the responsible party, the Hearing Officer may excuse the responsible party's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one time. H. Judicial Review. If an administrative order is rendered in favor of the City, pursuant to this Division, the responsible party may seek judicial review of the administrative order by doing one of the following: 1. Appeal the administrative order pursuant to Government Code § 53069.4 within twenty (20) calendar days after service of the administrative order. Pursuant to Government Code § 53069.4, the appealing party shall serve a copy of the appeal notice in person or by first-class mail upon the City. Appeal notices shall be sent to the City Clerk. If no appeal notice is filed within the period of twenty (20) calendar days, the decision shall be deemed confirmed and final; or 2. File a petition for a writ of mandate pursuant to Code of Civil Procedure §§ 1094.5-1094.8 within ninety (90) calendar days after service of the administrative order. 35 5� Part 8. Self -Haulers 15.44.800 Self-Hauler's Disposal at Authorized Sites; Permit and Reporting Requirements. A. Before collecting or transporting Solid Waste, including Recyclable Solid Wastes or Green Waste, each Self -Hauler, as defined in Section 15.44.800.B below, shall obtain a Self -Haul Permit from the City. The Self -Haul Permit must be renewed on a biennial basis and all applicants must pay a permitting fee to offset the expense to the City for processing, handling, and performing the required work associated with the permit. Each ,Self -Haul Permit holder shall submit reports to the City, in a format and at a frequency determined by the City Manager. Required report information may include, but is not limited to, the type, quantity, volume, weight, and disposal facility destination of the Solid Waste collected in the City, and gate tickets or receipts to substantiate its disposal and recycling reports. Failure to submit required reports to the City or to Self -Haul within the required frequency shall be a basis for revocation of a "Self -Haul" Permit. B. To enable the City to comply with diversion rates required by AB 939, persons disposing of Solid Waste, including Green Waste, which they, or occupants of premises of which they are in charge of day-to-day activities, have generated ("Self -Haulers") may obtain a Self -Haul Permit from the City authorizing that person to transport that Solid Waste to a licensed Materials Recovery Facility, transfer station or disposal facility. 15.44.810 Licensed Contractors. Licensed contractors performing work within the scope of their licenses, to which the removal of Construction and Demolition Material is incidental, within the City may remove and recycle or otherwise dispose of Construction and Demolition Material that is generated without obtaining a Self -Haul Permit, provided the Construction and Demolition Material is transported in contractor -owned Containers and vehicles by contractor's employee(s). See Chapter 15.46 for additional Construction and Demolition Material removal requirements. Part 9. Enforcement 15.44.900 Enforcement. Pursuant to California Penal Code Section 836.5, the City Manager or the City Manager's designee(s) (collectively, the City Manager) is authorized to enforce the provisions of this Chapter as well as those of California Penal Code §§ 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7, and 375; California Government Code §§ 68055 et seq.; and California Vehicle Code §§ 23111 and 23112. This authority shall be in addition to the authority granted to law enforcement personnel pursuant to this Municipal Code, including, but not limited to, the authority to seize bins as evidence of criminal violations, when appropriate. 36 15.44.905 Enforcement by Designees. Wherever in this Chapter enforcement authority is given to any City employee or officer, such authority may be exercised by designees of those officers and employees. 15.44.910 Violations Punishable. Except as otherwise provided by this Chapter, violations of this Chapter are punishable as set out in Sections 1.01.200 through 1.01.260 of the Municipal Code." SECTION 2. This Ordinance shall not take effect until thirty (30) days after its final passage. This Ordinance is subject to the applicable referendum provisions set forth in § 4050 of the Elections Code of the State of California. SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption, including the vote for and against the same, in accordance with Government Code § 36933. PASSED, APPROVED, and ADOPTED this day of ATTEST: CITY CLERK MAYOR 2009. 37 -59 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 09 - was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of April 2009. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the day of 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 09 - and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK 38 ., STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance 09 - , adopted by the City Council of the City of Santa Clarita, California on , 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of 2009. Sharon L. Dawson, MMC City Clerk am Susan L. Caputo, CMC Deputy City Clerk Santa Clarita Municipal Code Chapter 15.44 Summary of Changes Part 1. (15.44.010) Definition Section. The Definition Section redefines all the terms in the existing Municipal Code. The new definitions are more descriptive and precise and better reflect the current terminology used amongst those working in the solid waste industry. The new terms added to the Definition Section are as follows: AB 939 or Act Civic Litter Container Construction and Demolition Material Franchise or Solid Waste Franchise Green Waste or Yard Waste Hazardous Waste Recyclable Solid Waste Roll -Off Container Single Family Residential Temporary Bin White Goods Bulky Waste or Bulky Good Commercial Solid Waste E -Waste Franchise Fee Gross Revenues Multifamily Dwellings Residential Solid Waste Container Sharps Solid Waste Handling Universal Waste The following words were removed from the existing Municipal Code because new terminology is now being used or the terns are no longer used. The removed terms are as follows: Collector Contractor (we now use the term franchise or solid waste franchise) Garbage (we now use the term solid waste) Person Place, Premises Refuse Rubbish Standard Residential Refuse Container (we now use the term residential solid waste container) Waste Matter Yard Trimmings (we now use the term green waste) Part 2. (15.44.200) Intel4rated Waste Manacement. This section has been updated to include a section that requires both residential and commercial premises to make arrangements for the collection of their recyclable materials. Should a resident or business determine that they cannot or will not implement a recycling program, this section allows the resident or business options to comply with this section of the Municipal Code. The recycling requirement is proposed to go into effect thirty days after the commencement of operation of the recycling facility to be constructed by the City's franchised commercial solid waste enterprise. There is an exemption process outlined in the Ordinance which allows the resident or business to apply to the City for an exemption from the mandatory recycling requirement should it be unfeasible or would impose undue or unreasonable hardship to implement a recycling program. Alternatively, the Ordinance also allows the resident or business the option of paying a noncompliance rate should they not implement a recycling program nor apply for an exemption. In addition, language was added to update the Categories Section 15.44.210 to define new categories of waste, such as universal waste, construction and demolition materials, waste from special events, household hazardous waste, recyclable solid waste, and green waste. Part 3. (15.44.300) Solid Waste Franchises, Fees, and Facilities. The existing version of the Municipal Code was broken down into three basic parts: Commercial Refuse Collection franchise, Residential Collection franchise, and Hazardous Waste Collection franchise. In the updated version, significant changes were made to incorporate our existing Commercial and Residential franchises with our new Temporary Bin and Roll -Off Box franchise. Rather than having multiple sections for multiple types of franchises, the new version sets requirements that pertain to all franchises that transport and collect solid waste in the City. All franchises are held liable under the current Federal Environmental Acts and California Health and Safety Codes and all of their future amendments. There are also provisions requiring the franchises to implement measures to assist the City with meeting the diversion goals mandated by the California Integrated Waste Management Board. A provision has been added in Section A of 15.44.305 that allows the Council to determine if, and when, franchises will be issued for any particular category of solid waste, and may establish the process for application for such franchisees by resolution. The language pertaining to franchise fees in this part was updated. The section now includes a clause to allow the City to waive franchise fees for haulers that only collect materials for diversion. Updates were also made to the requirements for a person making arrangements for solid waste collection services. The section now includes additional information on how the City or haulers can recoup their costs for providing services and what a hauler should do if a person cancels their service. Several sections were also added to Part 3, including: • Solid Waste Facilities— Addresses the siting of solid waste facilities such as Materials Recovery Facilities (MRFs), transfer stations, composting facilities, etc., and requires owners to comply with City requirements for land use and environmental protection. Also requires the facilities to divert materials to the maximum extent possible. • Solid Waste Collector Requirements — Outlines the requirements for a hauler to claim continuation rights, requires franchised haulers to comply with the Ordinance and their franchise agreements, and requires all haulers to divert waste to the maximum extent possible. • Revocation and Suspension of Franchises Rights to Operate in the City of Santa Clarita- Grounds — Provides criteria for the City to use to determine if it should revoke a hauler's rights to provide collection services in the City. • Termination of Solid Waste Franchises, Continuation Rights, or Operations of a Solid Waste Enterprise -Procedure for Notification of Deficiencies and Suspension or Revocation — Provides the procedure for revoking a hauler's right to provide collection services in the City. • Restrictions on Transfer of Solid Waste Franchises — Outlines the requirements for a hauler to transfer their franchise to another hauling company. 0 *** The change to this section represents an update to the Municipal Code to be representative of what currently is required by the City's solid waste franchises. Part 4. (15.44.400) Containers, Bulky Goods, Recyclable Materials, and Green Waste. This updated part of the Municipal Code is more specific than the current version. Specific guidelines have been added regarding the proper disposal and placement of bulky goods, recyclable materials, and green materials. There are also guidelines for waste haulers to maintain bins, properly mark bins, and keep bins free of "tagging" and graffiti. *** The change to this section represents an update to the Municipal Code to be representative of what currently is required by the City's solid waste franchises. Part 5. (15.44.500) Collection. A section was added regarding Special Collections for Bulky Waste and Construction and Demolition roll -off bin services. Also added was a section to define specific times franchised haulers are permitted to provide services to residential bins and commercial bins. To address residential and commercial customers with chronic overflowing bin issues, staff has included language that outlines thresholds for staff to follow to determine if customers are required to increase their level of collection services to adequately meet their needs. *** The change to this section represents an update to the Municipal Code to be representative of what currently is required by the City's solid waste franchises. Part 6. (15.44.600) Collection Vehicles and Equipment, Cleanup. A maximum noise standard has been added to the section and a more detailed section pertaining to the cleanup of spilled materials. *** The change to this section represents an update to the Municipal Code to be representative of what currently is required by the City's solid waste franchises. Part 7. Unlawful and Prohibited Acts. The updated code states it is unlawful for Solid Waste to be collected by anyone other than a franchised hauler, a hauler that has been granted continuation rights, or an individual that has a permit to self -haul. A significant change to the Ordinance was added to this section to give the City the ability to impound containers from non -franchised haulers. The Ordinance outlines how to handle each specific instance, including the following scenarios: • Unmarked bin in public right-of-way— Impound upon discovery. Marked bin in public right-of-way — City staff would notify the nonfranchised hauler that they are in violation of the City's Municipal Code and would give the hauler ten days to come into compliance with the Municipal Code by removing the bin from City limits. If the nonfranchised hauler does not remove the bin, the Ordinance allows the City to impound the bin. Upon issuance of this notice, should City staff locate an additional bin from this nonfranchised hauler within a year of the notice, staff may impound the bin immediately and serve a written notice after impoundment. 0 City staff will be going out to bid to select a franchised hauler that will impound illegally placed bins within City limits. Specific language outlining the impoundment process, the appeal process, and fees related to impoundment are included in this section. Part 9 of the Ordinance is tied to this section of the Ordinance because it gives authority to City employees or officers to enforce violators of the City's Franchise Agreements and Municipal Code, Part 8. Self Haulers. This is a new part of the Ordinance. Before the Ordinance referenced self - haulers and briefly described their responsibilities to the City. The proposed revisions provide more -detailed requirements for self -haulers and their responsibility to the City to ensure the health, safety, and well-being of the community. Part 9. Enforcement. This section is a completely new section. The section serves as a means to seize bins from waste haulers and gives the authority to City employees or officers to enforce violators of the City's Franchise Agreements and Municipal Code. 0 Proposed Fee Schedule Franchise Fees Rate Temporary Bin and Roll -Off Box Franchise Application Transfer Fee* $5,000.00 Residential Franchise Fees (Quarterly) 10% of Gross Receipts Commercial Franchise Fees (Quarterly) 10% of Gross Receipts Temporary Bin and Roll -Off Box Franchise Fees (Monthly) 5% of Gross Receipts Self -Haul Self -Haul Fee (One-time only) $133.00 Self -Haul Fee (One-time only) with Senior/Lifeline Discount 20% off Self -Haul Fee Renewal Fee (Biennial) $50.00 Renewal Fee (Biennial) with Senior/Lifeline Discount 20% off Renewal Fee Impoundment Impound Towing Fee (Per Bin) $150.00 Disposal Fee (Per Bin) $600.00 Storage Fee (Per Bin under 10 days) $100.00 Storage Fee (Per Bin over 10 days, up to 30 days) $300.00 Administrative Fee (Per Bin) $193.00 Permit Fees Recyclable Solid Waste Hauler Permit Fee (Annual) $90.00 Mandatory Recycling Program Commercial Non -Compliant Rate 10% above Maximum Rate Residential Non -Compliant Rate 10% above Maximum Rate Recycling Exemption Fee (Annual) $133.00 Notice of Appeal Notice of Appeal Filing Fee $660.00 *In addition to the Solid Waste Franchise Transfer Fee, the Solid Waste Franchisee shall reimburse the City for all reasonable consultants', attorneys' and staff costs not covered by the franchise transfer application fee, whether or not the City approves the application for transfer. The City's request for reimbursement shall be supported with evidence of the expenses and costs incurred. The solid waste enterprise and the applicant for transfer shall be jointly and severally liable for the payment of any reasonable consultants', attorneys' and staff costs not covered by the franchise transfer application fee. 0 Sections: 15.44.030 15.44.035 15.44.03 7 15.44.045 15.44.050 15 nen 055 Chapter 15.44 INTEGRATED WASTE MANAGEMENT Part 1. Definitions Definitions Generally. AB 939 or Act Bulky Waste or Bulky Goods City. City Manager. Civic Litter Container Collection. r„l�r- Commercial Bins. Commercial Premises. Commercial Solid Waste �. Construction and Demolition Material Container. rr„n+„*„ Franchis66r Solid Waste Franchise Franchise Fee Green Waste or}.,Yard Waste Gross Revenues Hazardous Waste' q y Multifamily Dwelling 15 4 n nen n TT: TTVTTV— Per -sen. 15. 44.075 Dlaeeer- D fe ffl.non ]S_4A 076 Dee , r� . Tr.-v-r�rc�zp cJ: - Recyclable Material Recyclable Solid Waste 1544 non nef,se 15.44 .085 Residential. Residential Premise Residential Solid Waste Residential Solid Waste Container Roll -Off Container Sharps Single Family Residential X440 Standafd Residential Reer, 15.44.096 Solid waste. Solid Waste Enterprise DRAFT Page 1 Al Solid Waste Handling Temporary Bin Universal Waste 15.4 100 Waste -Matte White Goods 15.44.101 Yafd Part 2. Integrated Waste Management 15.44.200 Provision of Service. 15.44.205 Manner, Time and Frequency of Collection. 15.44.210 Categories. 15.44.215 Collection Arrangements Required. 15.44.217 Exemption From Collection Requirements 15.44.220 Recycling Program Required W< °° 15.44.225 Final Determination of Service Levels and.' 15.44.230 Venue and Event Recycling Part 3. Solid Waste Fees, Franel-1— ir Part 3. Solid Waste Franchises, Fees and 'Facilities 15.44.300 F 15.44.310 Solid Waste Facilities 15.44.315 Liabilitv for Solid ,Waste Fees 15.44.320 Lieenses. 15.44.320 Solid Waste Collector Requirements 1 c 4 A 325 Liability Fee Fees 15.44.325 Revocation and Suspension of Franchises or Rights to Operate in the City of Santa Clarita - Grounds 15.44.330 Termination of Solid Waste Franchises, Continuation Rights or Operations of a Solid Waste Enterprise -Procedure for Notification of Deficiencies and Suspension or Revocation 15.44.335 Restrictions on Transfer of Solid Waste Franchises Part 4. Containers, Bulky Goods, Recyclable Materials and Green Waste DRAFT Page 2 r.� 15.44.400 Gentain�Leeation. 15.44.400 Containers: Use 44.405 T se of %''.,,,4aine,-s. 15.44.405 Containers, Bulky Goods and Green Waste: Placement and Removal 15.44.410 Unlawfttl nets 15.44.410 Recyclable Materials and Recyclable Solid Wastes 15.44.415 Green Waste Part 5. Collection 15.44.500 FfeqtieneyefRemeval. 15.44.500 Frequency and Hours of Collection 15r.44.505 Containers eea4ed fef Gelleefie .. 15.44.505 Special Collections �1 15.44.600 Collection Vehicles `AM 15.44.605 Trucks: Noise Standards 15.44.610 Cleanup Responsibility"V V, Part 6 7. Unlawful and Prohibited Acts 15.44.6700 Use of Containers Required 15.44. 6705 Removal of Refuse. Solid Waste 15.44.730 Collection of Solid Waste Without Solid Waste Franchise or Continuation Rights Prohibited 15.44.735 Use of Container of Another 15.44.745 Unlawful DumpinE Prohibited 15.44.750 Public Nuisance 15.44.755 Impoundment of Containers DRAFT Page 3 15.44.800 Gentfaetef Equipment. 1 c n n Qnc T,.ueks. Stan afds 15.4 n 41 n T,.ueks- Maifftenanee 15.44.020 T,-,,, ks: Part 8 9. Self Haulers 15.44.900 Atither-ized Dump Sites. 15.44.800 Self -Haulers, Disposal at Authorized Sites; Permit Requirements 15.4 4.901 Exemptions. 15.4 4.905—Spills. 15.44.91- �—Misdemeaner 15.44.810 Licensed Contractors - Part 9XEnforcement, f" " All 15.44.900 Enforcement 15.44.905 Enforcement by Designees 15.44.910 Violations PunishableXzl s' .... D l 11. !"1.,.... TT.. D.�...� ^iui 444�i4nn n Par 1 1c it Violations 15.4 n11nn Vie latie«. Definitions Generally. DRAFT For the purpose of this Chapter the following words and phrases shall have the meanings respectively ascribed to them by this P-at4 1 Chapter. Words and phrases not ascribed a meaning by this Paft 1 Chapter shall have the meaning ascribed by Chapter 15.46 of this Code, Division 30, Part 1, Chapter 2 of the Page 4 XMI Public Resources Code, fieetions §§ 40105 40-200 et seg., and the regulations of the California Integrated Waste Management Board, if defined therein, and if not, to the definitions found in the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6901, et seg. and the regulations implementing RCRA, as they may be amended. AB 939 or Act "AB 939" or "Act" means the California Integrated Waste Management Act of 1989, (sometimes referred to as "AB 939"), codified in part at Public Resources Code, M 40000 et seg, as it may be amended. Bulky Waste or Bulkv Goods Cit -V " or "Bulky Goods" be accommodated Waste that'cannot and/or mciuumg, Dut not Dy way of nmltatlon, iarge ana sman nousenoia, appnances (including refrigerators with and without Freon, ranges, washers, dryers, water heaters, dishwashers and other similar items), furniture (including chairs, sofas, mattresses, and rugs); carpets, mattresses, White Goods, tires, oversized Yard Waste such as tree truriks'and large branches if no larger than two feet in diameter and four feet in length and residential wastes (including wood waste, scrap wood, debris from building remodeling, rocks. sod. and earth. in the aggregate not exceeding one cubic ward ner `Collection). discarded from residential premises in the City of Santa Clarita: Bulkv Waste does not include car bodies. Construction and Demolition Debris exceeding one cubic vard or items requiring more than two persons to,remove. "City" means the City of Santa Clarita, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing and all geographic areas which may be added or annexed to the City. Authority granted in this Chapter to the Citv may be carried out through the City Manager or City Manager's designated representative. City Manager tit eWzea e efitati..e "City Manager" means a person having that title in the employ of the City of Santa Clarita, or the City Manager's designated representative Civic Litter Container DRAFT Page 5 "Civic Litter Containers" means City -owned receptacles located in public areas for disposal of Solid Waste generated by the public, which meet the standards of 14 C.C.R. Chapter 8.12, Article 9, 44 17830, et seq. Collection "Collection" means the act of collecting Solid Waste, feeyelables-er at or near the place of generation or accumulation, by a Solid Waste Enterprise which has made arrangements with the person in charge of day-to-day operations of the premises for the collection of Solid Waste. another- ieeai ageney of a Gertruete ��+�r . Commercial Bins "Commercial bins" eeffffnefeial rates. a large Solid Waste_ Container`provided by a Solid W but the deposit of Solid Waste, placed at Commercial or Residential Premises for the collection of Solid Waste. Commercial Bins may have compaction devices ed Bins" Commercial Premises Waste \ "Commercial Premises" means all premises in the City, other than residential premises (as defined in this Chapter), where r-efttse-is Solid Wastes are generated or accumulated. The term "Commercial Premises" is a reference to location and use, and not to ownership. The term includes, but is not limited to, stores; offices, federal, state, county and local governmental institutions, including, but not limited to schools, school districts, special districts and water districts, to the extent authorized by law; restaurants; rooming houses; hotels; motels; offices; manufacturing, processing, or assembling shops or plants; hospitals, clinics, nursing homes and convalescent centers; dormitories; barracks; and card rooms. Commercial Solid Waste DRAFT "Commercial Solid Waste" means all types of Solid Waste, including Recyclable Solid Waste, generated or accumulated at Commercial Premises and placed in Commercial Bins, Temporary Bins, Containers, or Roll -Off Page 6 boxes, for accumulation and collection. "Commercial Solid Waste" does not include Residential Solid Waste or Recyclable Material. Construction and Demolition Material. "Construction and Demolition material" means discarded material from the . premises, resulting from construction, renovation, remodeling, repair, deconstruction or demolition operations on any pavement, house, commercial building, or other structure or from landscaping. Such materials include, but are not limited to "inert wastes" as defined in Public Resources Code 6 41821.3.(al(1) (rock. concrete. ceramics and cured masonrv. trees, remnants of new materials. including eaeer. elastic. carnet resulting from construction, remodeling, renovation; repair and demolition operations on pavements, houses, commercial,buildings and other structures. See Chapter 15.46 "Construction and Demolition Materials Management" of the Santa Clarita Municipal Code. Container. "Container" other receptacle M lir, vessel, can barrel, cart or -the temporary accumulation, collection Recvclable Solid Wastes. Green Waste and Construction and Demolition Material. r,,.r: E -Waste "E -Waste," also referred to as "Electronic Waste," shall mean electronic products, including, but not limited to, computers, televisions, VCRs, CRTs, batteries, stereos, copiers, fax machines, cell phones, DVD plavers, and DRAFT Page 7 M 0 1 ME E -Waste "E -Waste," also referred to as "Electronic Waste," shall mean electronic products, including, but not limited to, computers, televisions, VCRs, CRTs, batteries, stereos, copiers, fax machines, cell phones, DVD plavers, and DRAFT Page 7 M monitors entering a waste stream. E -Wastes include any other materials identified by the Department of Toxic Substances Control. Most E -Wastes are classified by DTSC as Universal Wastes. See "Universal Wastes, below, and require special handling and reporting. hazar-does tHider- state of fe l Franchise or Solid Waste Franchise "Franchise" or "Solid Waste Franchise" means the right and privilege granted by the City: (1) to make arrangements for the collection of and to collect Solid Waste, (2) to transport Solid Waste to transfer stations, materials recovery facilities, landfills, transformation facilities, Compostable Materials Handling Facilities or Green Material Composting Facilities, as defined in 14 CCR 17852. -or, other permitted Solid Waste management facilities, and/or (3) to !d within all of the huciness license ils'wl receipt for the navment of tax and is not a Solid Waste or Franchise Fee "Franchise Fee" means the fee or assessment imposed by the City on a Solid Waste Enterprise which holds a Solid Waste Franchise as part of its consideration for the right granted to it to provide Solid Waste handling services. Green Waste or Yard Waste 19111MAINN "Green Waste" (also sometimes referred to as "Yard Waste") means a form of Solid Waste composed of leaves, grass clippings, brush, branches and other Page 8 a forms of organic matter generated from maintenance or alteration of landscapes or gardens, including, but not limited to, vard clippings, leaves, tree trimmings, prunings, brush and weeds and incidental pieces of scrap lumber, separated from other forms of Solid Waste, and bedding straw. "Green Waste" includes Christmas trees and Hanukkah bushes but does not include stumps or branches exceeding six inches in diameter or four feet in length, dirt, agaves, palm fronds, yucca, bamboo, iuniper spears or cactus. "Green Wastes" are not Recyclable Materials or Recyclable Solid Wastes. Gross Revenues "Gross Revenues" means any and all revenue ori coin ensation in anv form derived pursuant to a Solid Waste Franchise,, permit or license, directly or indirectly by a Solid Waste Enterprise, its affiliates, subsidiaries, parents and any person or entitv in which a Solid Waste Enterprise has a'Amancial interest, from the collection, transportation, processing, disposal and other services with respect to Solid Waste, including Recvclable Solid Wastes and Green Waste, collected within the City. Gross Revenues shall be calculated in accordance with Generally Accepted Accounting Principles. "Gross Revenues" include, but are not limited to, monthly customer fees for collection of Solid Waste, including Recyclable Solid Wastes, special pickup fees, Container rental and collection fees, fees for redelivery`ofContainers, without subtracting Franchise Fees or anv other cost of doing business: Sales revenue from the sale of Recvclable Material is excluded from- Gross "Receipts for purposes of calculating Franchise Fees. Hazardous Waste "Hazardous Waste" means any waste materials or mixture of wastes defined as a "Hazar ous„Substance” or "Hazardous Waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. � 6901 et seg., the ' Comprehensive "Environmental Response, Compensation and Liability Act ("CERCLA"), 42 LS.C. 9601 et seq., or the Carpenter-Preslev-Tanner Hazardous Substance Account Act, ("HSAA"), California Health and Safety Code 86 25300. et sea.. and all future amendments to anv of them, or as defined by the California Integrated Waste Management Board or the California Department of Toxic Substances Control. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. Multifamily Dwelling rC- a "Multifamily Dwelling" means any building or lot containing more than two dwelling units, which must receive Collection services through the use of shared bins because it is not feasible to provide Collection services individually to each Page 9 55 dwelling unit due to the lack of storage space, or other factors as determined by City or City Manager. The City will have sole authority to resolve any ambiguity as to whether a particular premise is a Single Family Dwelling or a Multifamily Dwelling. Per -son. « „ IM Recvclable Material - means an item and which may he -sold for compensation or donated to an entity other than a Solid -.Waste Enterprise. "Recyclable Materials" are not part of the Waste stream. "Recyclable Materials" lose their character as "Recyclable Materials" upon being disposed of in the waste stream, thereby becoming Solid Waste subiect to this Chapter. Or Recyclable Solid Waste Fes - "Recvclable Solid Waste" means a form of Solid Waste (1) designated as a Recyclable Solid Waste by the City, or a Solid Waste Enterprise which holds a Solid Waste Franchise and (2) that has been separated by a Solid Waste service recipient from non -Recyclable Solid Waste. "Recyclable Solid Waste" is a part of the Solid Waste stream which can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the California Integrated Waste Management Act. The term "Recyclable Solid Waste" includes both mixed recyclables which have been Page 10 M separated from other Solid Waste and source -separated single -category Recyclable Solid Waste. "Recyclable Solid Waste" does not include those potentially recoverable items which are commingled with non -recyclable Solid Waste, i.e., commingled Solid Waste and potentially recyclable articles or materials, or Recvclable Materials. "Green Wastes" are not Recvclable Solid Wastes. Refuse. "Refuse" includes both garbage and rubbish and means putrescible and nonputrescible solid waste or debris, except sewage, whether combustible or noncombustible, and includes garbage and rubbish defindin�his section. Reside] Multifamily Dwellings, including apartments and condominiums (in which each unit has separate cooking and bathing facilities). The terms "Residential" or "Residential Premises" do not include hotels, motels, rooming houses, hospitals, nursing homes, convalescent centers, assisted living facilities, group care facilities, dormitories, group residential facilities, or barracks or other group living place—Mt-which residency is transient in nature. "Residential" or "Residential Premises" _is a reference to location and use. and not to ownership P Residential Solid Waste "Residential Solid Waste" means Solid Waste generated from Residential Premises. Residential Solid,Waste does not include Commercial Solid Waste or Recyclable Material. Ifl Residential Solid Waste Container "Residential Solid Waste Container" means a Container provided by a service recipient or a Solid Waste Enterprise with a residential Solid Waste Franchise granted by the City, used for the accumulation and collection of Residential Solid Waste. Residential Solid Waste Containers may either be a wheeled cart typically collected using an automated collection arm and provided by the Solid Waste Enterprise, or a barrel, typically between 32-2allons and 110-2allons in size and provided either by the Solid Waste Enterprise or the customer. Roll -off Container DRAFT Page 11 Sharps "Roll -off Container" means a Solid Waste receptacle typically measuring ten (10) cubic yards or larger, that is of the type commonly transported on a flat- bed truck and that is detachable from the truck and/or the main cab for parking at a commercial premises or construction or demolition site. Roll -off Containers include roll -off compactors, which are enclosed Containers that attach to a compaction device and must be detached from the compaction device and transported for disposal. Standard, or non -compacting, roll -off boxes are generally provided by the solid waste enterprise. Compacting roll- off boxes may be leased from a third party. needles. intravenous needles, lancets, and other devices used to penetrate the skin for the deliviff df medications or r Single Family Residential fluids. those multifamily resfdences, including but not limited to apartments and are used. Solid waste. FCS 1 "Solid Waste" icludesr-e e~a yafd +riff'f''"g , means putrescible or non- putrescible, solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, Page 12 CJS 77"7 Solid waste. FCS 1 "Solid Waste" icludesr-e e~a yafd +riff'f''"g , means putrescible or non- putrescible, solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, Page 12 CJS abandoned vehicles and parts thereof, discarded home and industrial appliance, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste includes Recyclable Solid Waste but does not include (1) hazardous waste; (2) radioactive waste regulated pursuant to the Health and Safetv Code � 114960, et seq.; and (3) medical waste regulated pursuant to the Health and Safety Code & 117600 et seg. Solid Waste Enterprise "Solid Waste Enterprise" means anv individual, partnership, joint venture, Solid W as "funk haulers." Solid Waste Handling storage, transfer, or processing of Solid Wastes. Temporary Bin 1912 -AIMS "Temnorary-Bin" to a premises onfa temnorarv. as -needed basis in such a manner that no Bins more than thirty con"secutive days. or for more than 60 days of anv consecutive cathode rave,tubes (CRTs) and other Universal Wastes as defined by the including, but are not limited to non -empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and anv other lamp exhibiting a characteristic of a Hazardous Waste, batteries (rechargeable nickel -cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries], alkaline batteries, carbon -zinc batteries and any other batteries which exhibit the characteristic of a Hazardous Waste), mercury thermometers, and mercury -containing switches. Page 13 White Goods "White Goods" means discarded household appliances that have been historically, but may or may not be, enameled, such as refrigerators, freezers, stoves, washer/dryers, water heaters, dishwashers, trash compactors and similar items. Part 2. Integ&W-Waste Management 15.44.200 Provision of Service. 15.44.205 Manner, Time and Frequency of Collection. DRAFT tD the amours days and ffequeney of ealleefien. A Solid Waste Enterprise which arranges for the collection of Solid Wastes shall make arrangements with its customers specifying the manner in which integrated waste management Page 14 6b II Part 2. Integ&W-Waste Management 15.44.200 Provision of Service. 15.44.205 Manner, Time and Frequency of Collection. DRAFT tD the amours days and ffequeney of ealleefien. A Solid Waste Enterprise which arranges for the collection of Solid Wastes shall make arrangements with its customers specifying the manner in which integrated waste management Page 14 6b services are to be provided, subiect to the terms of its Solid Waste Franchise, as well as to the Citv's exercise of its police powers to protect public health, safety and well-being, to limit the spread of vectors, to limit sources of noise and air pollution within the City, and to protect the quiet eniovment of property by prohibiting the collection of Solid Wastes between certain hours and on certain holidays. 15.44.210 Categories. the City Council may determine by resolution Solid.'Waste collection categories, including but not limited to, e.g.,tl, residential, ,,,,,'f;f milt' _asidentia , er commercials, Constriction & Demolition Materials, Temporary Bin and Roll -Off box, industrial, special, special event, household hazardous waste, Universal Waste, Recyclable Solid Waste, Green Waste and others and may make or impose eegin Solid Waste' Franchise, license, contract or permit requirements which may vary for such categories. 15.44.215 Collection Arrangements In order to protect the public responsible for Ahe dav-to-dav operation of each Commercial Premise and all the diversion and other:goals mandated by the California Integrated Waste Management Act of 1989. as has failed to subscribe for collection service as required by this chapter, a written notice may be sent informing of the violation and requirements of this chapter. If the person responsible for dav-to-day operations does not subscribe to service within 72 hours of the notice, or obtain an exemption per Section 15.44.217, the erson is in violation of the ordinance 15.44.217 Exemption From Collection Requirements DRAFT Page 15 W The person responsible for the day-to-day activities at each premises may apply to the City for an exemption from subscribing to City collection service. This person would be required to obtain a ' self -haul permit per Part 8 of this Chapter, and, if approved for an exemption, will be required to submit monthly reports to the City identifying the disposition of all generated waste, by amount and location, demonstrating that a minimum of 50% of the waste generated was diverted from landfill disposal, and demonstrating that all material was handled in accordance with applicable law. Reports are due within ten (10) business days of month-end, in a format prescribed by the City Manager. City to re -apply for exemption on a biennial basis. If a property -owner fails to service at the nronerty and arrange for billing to4he person in charge of day- to-day activities 15.44.220. Recycling Program Required Premises and Commercial Premises are required to make arrangements DRAFT Services 2. If the person in charge of day-to-day operations at a location refuses to 'implement a Recycling program, the person will be informed of this non-compliance and as a result, will be charged the noncompliance rate and , instructed by City, directly or through its franchise hauler(s) as to recycling program options . 3. If the non-compliance rate is paid to the franchised hauler, the franchised hauler must remit those funds to the City at a frequency determined by the City Manager C. Recycling Program Requirement Exemptions. 1. The person in charge of day-to-day operations at any Residential Premise or Commercial Premises may file for an exemption to the recycling program requirement. Page 16 G.0 , 2. In order to qualify for an exemption, the applicant must effectivelv demonstrate that the recycling requirement is infeasible, or that the applicant would suffer undue or unreasonable hardship by participating in the program. 3. Because the situation in anv given location may change, the applicant must reapply for an exemption from the City once every three years. 4. Upon receipt of an exemption application, the Citv's Environmental Services Division may conduct an investigation to verifv the validity of the claim and shall provide the applicant with a written determination. 5. The applicant may seek an administrative review hearing for an adverse determination within ten (10) working days of receiving the written determination. 6. The appeal shall be heard by the Citv Manager (or his or her and the Citv's vacate or hearing officer shall be deemed a,fmal administrative order or decision. 15.44.225 Final Determination of Service Levels and Pickup Locations by City The C located for' collection and storage, and the proper service level, including the Event organizers and operators of events defined in Section 42648 (b) or (c) in Part 3 of Division 30 of the Public Resources Code, otherwise known as AB 2176, shall assist the City in complving with Section 42628 through Section 42911 of the Public Resources Code by completing a waste reduction plan and submitting documentation of diversion at the venues or events to the City. Event organizers and operators shall assist the City in complving with the requirements of the Los Angeles County Municipal Stormwater Permit. See, e.g.. Order No. 01-182, NPDES No. CAS0041. Part 4.F.5.6.(2). as it may be amended. Part 3. Fees, Franchises and Licenses 15.44.300 Fees, F...,..ehises and T . RWA Page 17 65 A. Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code Sections 41900 et seq., the City shall `-ibe roes for- fe fuse ealleeti =r eempastablemay levy fees upon Solid Waste Enterprises and Solid Waste service recipients for planning, developing and administering (1) any program regarding solid waste, household Hazardous Waste, Recvclable Solid Wastes and/or Green Waste, including related collection, transfer, disposal, processing, auditing, and planning activities, and (2) anv program for responding to releases and spills of Solid Wastes which have the characteristics of Hazardous Substances. Such fees may include charges for the use of duffips of landfills, 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 collect such fees " pa# E)ff seP-a ,.�..v� on the tax r"", er by such ether means as the Council many"elect, whet4 r- of net dehn tte B. The City Council, may by resolutionLma: waive permit fees for reeyelers a eelleetofs of ,.effi estables. Recyclab el Solid Waste haulers and for collectors of Green Wastes who transiioit,. such Green Waste to a C'mmnnctnhle Materials Hnnrllinu FaciltvTor a Green Material 15.44.305 Requirem A. The City Council may award exclusive, partially exclusive, or non- exclusive Solid Waste franchises feftise ll fi ffem al or- ,ffien of fess ential p..,,,.,ei4ies i the for collection of Solid Wastes, including but not limited to Recyclable Solid Wastes, Construction and Demolition Materials and/or Green Waste from all or a portion of Residential and Commercial Premises in the City, unless otherwise delegated by City Council resolution to City Manager. Any such Solid Waste Franchises shall be in the form of a written agreement, ¢ranted by the City Council by written resolution. The City Council may determine as well if and when franchises will be issued for any particular category of Solid Waste and may establish the process for DRAFT Page 18 0 r application for such franchises by resolution. Where a franchise agreement is silent on an issue, the provisions of this Chapter shall govern. Where a franchise agreement predates the effective date of this Chapter, the provisions of the franchise agreement shall govern over anv inconsistent provisions contained in this Chapter. B. A Solid Waste Franchise ;as,the City Council in its sole discretion shall establish as matters of local ;concern. At a minimum, a Solid Waste Franchise shall name the Solid Waste Enterprise, and shall provide that: limited to, liability under the Resource Conservation and Recovery Act of 1976 ("RCRA") (42 U.S.C. $� 6901 et seg.), the Comprehensive Environmental Response, Compensation and Liabilitv Act ("CERCLA"), 42 U.S.C. " 9601 et seq., or the Carpenter-Preslev-Tanner Hazardous Substance Account Act, ("HSAA"), California Health and Safety Code " 25300, et seq., and all future amendments to any of them, as thev may be amended and all regulations implementing these acts and all applicable laws governing Universal Wastes. The City may require that such obligation be secured by a guarantee; Page 19 3. The franchisee shall be required to cooperate with the City in Solid Waste disposal characterization studies or other waste stream audits and to submit information required by the City to meet the reporting requirements of AB 939, or any other law or regulation, and to implement measures consistent with the City's Source Reduction and Recycling Element in order for the City to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended, including, but not limited to Public Resources Code 41780(a)(2); 4. The City Council may set maximum' rates for Solid Waste services, including maximum rates by c to egory, such as single familv. multifamilv and commercial, 5. The franchisee may be required to pay a FrancliiseFee to the a City rights of way; and 6. The franchisee` may identify up to may operate in the City pursuant to the franchise agreement. If a franchisee wishes t operate in the City under more than two "DBAs," it must apply `frand be granted, at the City's discretion as provided under -'this Ordinance, a separate franchise agreement. C. In deciding whether to grant "a Y T��CLS=lY•IR:TS� �::L17zST:LSTr-'c�sa n7scsr-s:as:ta:srsrs r�sr-s �� r.Ta Lb Men FBIWAVO Page 20 Nle 15.44.310. Solid Waste Facilities No person shall construct or operate a Solid Waste management facility, including but not limited to a materials recovery facility, Solid Waste transfer all requirements for land use. 'environmental and other annrovals. Persons or the maximum Wastes from landfilling. Inert wastes, as defined in Public Resources Code 8 41821(3)(a)(1), shall be removed from the Solid Waste stream and not disposed of in a Solid Waste landfill. .......... . ..... . ... "A 'M NO 15.44.315. Liability for Solid Waste Fees. FM_ A. The person in charge of day-to-day activities of any Commercial Premise or Residential Premise required by this Chapter to have Solid Waste collection or self -hauling shall be liable for the fees and charges for such collection, and/or subject to self -haul requirements, in accordance with this Chapter. Page 21 61 B. To protect public health, safety and well-being and to control the spread of vectors, the person responsible for day-to-dav operation of each Residential Premise or Commercial Premise in the City at which Solid Waste is generated or accumulated shall make arrangements for collection, recycling and disposal of that waste generated or accumulated on those premises in accordance with the requirements of this Chapter, or shall obtain a self -haul permit in accordance with Part 8 of this Chapter. The fees and charges (plus any interest or penalties) shall be due and payable on the date stated on the bill. Bills will include a due date. and will not state "pavable upon receipt." The persons remancihle for dav-to-dav operation of each premises in the Citv at which Solid Waste subject to this Chapter isenerated or accumulated, and which is not self -hauled, shall be, lia6fi7lor the payment of all for Solid W including any recycling charges. and recvcMi service ,fees and int was aue, ,ionu w asl d and collection of the 'ul means available to tl oolid Waste services. Ci Waste Enterprises in d no o 15.44.320. Solid Waste Collector Requirements. DRAFT A. Each Solid Waste Enterprise furnishing Solid Waste handling services (Le., the collection and disposal of Solid Waste, including Recyclable Solid Waste) to any Residential or Commercial Premise within the City, shall comply with all requirements set forth in this Chapter, including, but not limited to compliance with the requirements of CERCLA, RCRA and the laws governing Universal Wastes. These Page 22 6% 1-111 WIN YMMUMERTS. M. M. 15.44.320. Solid Waste Collector Requirements. DRAFT A. Each Solid Waste Enterprise furnishing Solid Waste handling services (Le., the collection and disposal of Solid Waste, including Recyclable Solid Waste) to any Residential or Commercial Premise within the City, shall comply with all requirements set forth in this Chapter, including, but not limited to compliance with the requirements of CERCLA, RCRA and the laws governing Universal Wastes. These Page 22 6% DRAFT requirements include, but are not limited to, all requirements that the Citv Council may impose. All Citv requirements shall be established or modified by City Council ordinance or resolution. B. Each Solid Waste Enterprise claiming a right to continue to provide Solid Waste handling services in the ON of Santa Clarita pursuant to Public Resources Code � 49520 et seq. or other law (collectively, "continuation rights"), before exercising such rights, shall notify the Citv (Attn: Citv Clerk, copies to City Manager and City Attorney) in writing that it claims continuation rights, stating all facts supporting that claim. A Solid Waste Enterprise claiming continuation rights shall adhere to the same standards (including, but not limited to indemnification, insurance, diversion rates and other service levels), shall charie comparable rates for service and shall pav the same fee as those franchise fees required �bv the City of other Solid Waste Enterprises with an exclusive Solid Waste Franchise. In accordance with Public Resources Co& sectioifo.49521(b) "rates that are comparable to those established,,bv the `local agencv" shall vary no above or any exclusive Solid Waste Franchiseentered into by the Citv. If a Code section 49520 et seq. or other law fails to (1) adhere to the same material standards, (2) charge comparable rates for service, or (3) Day franchiselees,�reauired by the Citv of other Solid Waste Enterprises with.,ai exclusiV&Solid Waste Franchise as provided in the Municipal Code;�asuch Solid Waste Enterprise shall forfeit whatever. if anv_ deemed by`zthe Cifyto—tie material: all insurance bonding and indemnification`s requirements, rates of service, diversion requirements, franchise fee payment, and all service standards set in an exclusive Solid Waste Franchise entered into by the Citv. C. Each Solid Waste Enterprise furnishing Solid Waste handlin collection_ services shall divert or cause to be diverted, the maximum feasible amount of Recyclable Solid Wastes from landfilling. Inert wastes, as defined in Public Resources Code 41821(3.(a)(1), shall be removed from the Solid Waste stream and not disposed of in a Solid Waste landfill. D. Anv person or entity, other than a person which has obtained a self -haul permit, or a Solid Waste Enterprise which has obtained a franchise from the City, that engages in the collection of Residential or Commercial Solid Waste or which places a 'Container for the accumulation of Solid Waste in the City for compensation shall be guilty of a misdemeanor punishable as provided in the Santa Clarita Page 23 N Municipal Code. Each day in which a person or entity engages in the collection of Residential or Commercial Solid Waste in the City or places a Container for the accumulation of Solid Waste, or permits a Solid Waste Container to remain, in the City without holding a franchise issued by the City, shall be a separate offense and constitutes a nuisance. See also � 15.44.730, below. This subsection does not apply to a licensed contractor self -hauling Construction and Demolition Materials from Commercial or Residential Premises within the scope of the contractor's license and no self -haul permit shall be required for such activities in accordance with Section 15.44.810. utilized. 15.44.325. Revocation and Suspension of Franchises or Rights to Operate in the City of Santa Clarita—Grounds. cause_ aspfurther described in subsection B below and the terms of the Did which which 1. Operating the Solid Waste Enterprise in a manner contrary to the public health, safety, well-being, peace, welfare or morals, or which are found to constitute a public nuisance; 2. Violating anv regulation of the California Integrated Waste Management Board, the California Department of Toxic Substances Control, the California Air Resources Board, or anv of their respective successor agencies, a Local Enforcement Agency, this Municipal Code, or any material condition of a DRAFT Page 24 110 Solid Waste Franchise affecting public health and safety in the City; 3. Violating any federal or state law in which the Solid Waste franchisee or anv of its officers, directors or employees are found guilty of any crime related to the performance of the franchise agreement, of any crime related to anti-trust activities, illegal transport or disposal of hazardous or toxic materials, or bribery of public officials. uses anv false, fictitious Aty, r.made or dulent states connection with the issuance or renewal �of�,Ihe Solid Waste Franchise; including pavment of fees due to the City, or havink a receiver or trustee appointed to take over and conduct the business of the or, n. liabilitv$, nd indemnification or cash bond as required; 7. Violating any order or ruling of any regulatory body with r respect to Solid Waste handled or collected within the City, except that such order or ruling may be contested by no., violation shall be deemed to have occurred until a final decision adverse to the Solid Waste Enterprise is entered: or provide Solid Waste services in the Citv of Santa failing to adhere to the same material standards required by the City of other Solid Waste Enterprises with a Solid Waste Franchise. 15.44.330. Termination of Solid Waste Franchises, Continuation Rights or Operations of a Solid Waste Enterprise -Procedure for Notification of Deficiencies and Suspension or Revocation. DRAFT Page 25 �1 DRAFT A. If the City Manager determines that (1) the continuing performance of a Solid Waste Enterprise in the City may not be in conformity with reasonable industry standards applicable in Los Angeles County or provided under the California Integrated Waste Management Act, including, but not limited to, requirements for implementing diversion, source reduction and recvclin% or any other applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of solid and Hazardous Waste, including, but not limited to the regulations of the Department of Toxic Substances Vontrol onvernino collection and handling of Universal Wastes and the diversion rates required of the City by Public" Resources Code § 41780(a)(2), or this Chapter, or (2) a franchisee is in default of the terms of its franchise, the City Manager shall 'advise the Solid Waste Enterprise in writing of such suspect d deficiencies. In any written notification of deficiencies, the City Manager shallset a reasonable time within which the Solid Waste Enterprise is to correctthe deficiencies and respond. Unless otherwise specified, a reasonable timefor'response and correction of deficiencies shall be thirty days from the receipt of such written notice by the Solid Waste Enterprise. Waste the Citv Manakerpshall review the record, i written response from `the Solid..,Waste Enterprise to the notice of deficiencies, and take either ofthe following actions: (1) resolve the matter in favor of the SolidWaste Enterprise; or (2) order remedial action to cure any breach. 'In either event, the City Manager shall inform the Solid Waste Enterprise in writing of the decision. A decision or order of the City's City Manager shall be final and conclusive unless ,: gthpANolid Waste Enterprise files a written "Notice of Appeal to the Citv with the Citv Clerk (with copy to the Attorne)within 20 days of mailing of the decision. A "Notice of Appeal a.. a1-- „1...11 ..+..+.. 41... 1 --- 1 t-- --A ..11 1---1 --A fon"sol inns of the Solid Waste WE videotapes. A "Notice of Appeal to the Citv Council" shall not be Fee" i resolution. unless C. Within 60 business days of receipt by the City Clerk of a Notice of Appeal to the City Council, the City Council shall set the matter for a public hearing. The City Clerk shall give written notice of the time and place of the hearing, as well as publish such notice as required for public hearings. At the hearing, the City Council shall consider the administrative record, including the notice of deficiency, the Solid Waste Enterprise's response, the City Manager's written decision and Page 26 the Solid Waste Enterprise's "Notice of Appeal to the City Council." The City Council shall also give the Solid Waste Enterprise, or its representatives and any other interested person, a reasonable opportunity to be heard. The proceedings before the Council shall be an informal administrative hearing and the rules of evidence, as generally applied in iudicial proceedings, shall not be applicable. D. Based on the administrative record. the Council shall determine b resolution whether the City Manager's decision should be upheld. A tie vote of the City Council shall be regarded as upholding the City Manager's decision. If, based upon the re ora the City Council determines that the Solid Waste Enternrise.is in breach of anv material or other cause for termination of the Solid Wast . Franchise. or decides City Council, in the exercise of its sole discretion, mavTorder remedial actions to cure the breach. or terminate forthwith the'Solid Waste City Council shall be final and conclusive. E. The prevailing party in any administrative proceeding, including any judicial appeal of same, shall be entitled to payment of its costs and expenses, including reasonable attorneys' fees, by the non -prevailing party. 101 'i• A. A Solid W. ion shall not be transferable, except as follows: 1. A Solid Waste Franchise shall not be transferred. sold. sublet or assigned, nor shall any of the rights or privileges therein be leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of the Solid Waste Enterprise or by operation of law without the prior consent of the City expressed by written resolution. For purposes of this Section, any sale, dissolution, merger, consolidation or other reorganization of the Solid Waste Enterprise or the sale or other transfer of an accumulative ten percent or more of the voting stock of a corporate Solid Waste Enterprise by any person, or group of persons acting in concert, who already own less than fifty percent of the voting stock of the Page 27 DRAFT Solid Waste Enterprise shall be deemed a change in control. Any attempt of the Solid Waste Enterprise to assign the Solid Waste Franchise without the prior written consent of the City shall be void. 2. An application for a transfer of a Solid Waste Franchise shall be made in a manner prescribed by the City Manager. The application shall include a franchise transfer application fee in an amount to be set by the City by resolution of the council, to cover the anticipated cost of all reasonable and customary direct and indirect administrative expenses including consultants and - attorneys, necessary to analyze adequately the application, in order to reimburse the City for such direct and indirect expenses. In addition, the Solid Waste Franchisee shall reimburse the Citv for allreasonable consultants', attorneys' and staff costs not coveredilby the franchise transfer application The and the and costs inintly and severally liable for the ,-Davment of anv reasonable consultants', attornevs' and staff `costs' not covered by the franchise transfer application fee. a transfer it has the ,,-., `financial"viability to meet Waste to a to a execution of an amendment to the franchise, imposing such conditions as the City, in the exercise of its discretion, may require. The City may also require the payment of a portion of Gross Revenues to the City. 5. Notwithstanding the above, the holder of a Solid Waste Franchise shall be entitled to pledge, encumber, or grant any security interest in the Solid Waste Franchise provided that the holder shall first notify and obtain City consent to such transaction, subiect to the following conditions: a. Any consent so granted shall not be deemed a consent to the exercise by such pledge, encumbrancer, or secured party of any rights of the holder under the Solid Waste Page 28 1� Franchise, permit, franchise or other authorization unless so noted by the Citv; b. Any consent so granted shall not be deemed consent to any subsequent transfer or assignment. Any subsequent transfer or assignment shall be deemed an assignment of the Solid Waste Franchise, permit, or other authorization within the meaning of this Section and shall be void without the prior written consent of the City expressed by resolution; and the pledge, encumbrancer or secured party shall execute and deliver to the Citv a written instrument, in a form satisfactory to the City Attorney, expressing agreement to be bound by the provisions of the Solid Waste Franchise, permit, franchise or other authorization. A change in dba, (a Solid Waste Enterprise "doin business as") is co sidered atransfer, and requires prior consent of the C'i ; 'See 15.44.305.B.6 and 15.44.335.A.1, above. Ifs ne franchisee acquires another franchisee. that acquisition shall be handled in the merge the acquired franchisee's Solid Waste Enterprise with the acquiring franchisee's operations, the acquired franchisee's franchise is deemed terminated; or (2) If the acquiring franchisee elects to maintain the acquired franchise as a separate entitv, it will be deemed a transfer Part4., Containers;Bulkv,,Goods, Recyclable Materials and Green Wa! �i�wwre�edvvw�s� 15.44.400. Containers: Use. DRAFT A. To protect public health, safety and well-being and prevent the growth and spread of vectors, every Residential and Commercial Premise designated under 15.44.215 ("Collection Arrangements Required") of Page 29 ON this Chapter, shall keep in a suitable place one or more Containers capable of holding without spilling, leaking, or emitting odors, all Solid Waste, including Recvclable Solid Wastes and Green Waste which would ordinarily accumulate on the premises between the time of two successive collections. B. To protect public health, safety and well-being and prevent the growth and spread of vectors, every Residential and Commercial Premise designated under & 15.44.215 of this Chapter shall deposit or cause to be deposited in Containers provided or approved by a Solid Waste Enterprise all Solid Waste generated or accumulated on those premises. C. No person shall place ashes which are not cold and free from fire in any Container. B. No person shall place a Residential Solid Waste Container adjacent to a street or public right-of-way for collection if the Container and its contents weigh more than fifty pounds, unless automated collection is used. Automated collection means a mechanical lifting device is used to empty the residential Solid Waste Containers, instead of requiring lifting by the driver. DRAFT Page 30 `4 DRAFT C. To minimize interference with public rights-of-way, no person shall place a Container or anv Bulky Goods adjacent to a street or public right-of-way for collection service before the day preceding the regularly scheduled collection day. Bulky Goods may not be set out for collection unless the person in charge of day-to-dav operations of the premises has made prior arrangements with a Solid Waste Enterprise approved by the City for pick up of the Bulky Goods. D. During the hours for collection designated in Section 15.44.405.E below Residential Solid Waste Containers shall be placed at the collection location designated by the Solid Waste E to erprise holding the Residential Solid Waste Franchise and shall,. he placed in a manner accessible for automated nick -up. if automated, nick -un methods are utilized by the Solid Waste Enterprise. Exceiit� during the time a shall not be visible from the public right of way. Commercial Bins shall be accessible to the Solid Waste Enterprise providini.�Solid Waste services at that location. Solid Waste Containers. such as residential Containers. that are moved no sooner than 6 n.m=`on, -the dav before the regularly scheduled a.m. on the No Container placed in a in anv public richt-of jacent to a flowing the risible from ier may be !nt permit, athor"izing the placement, has been issued by the Citv. A Bin, Construction and Demolition tc T or Roll -Off public for service is to oe uiscontinueu at a particular service iocanon Snan remove all of its Commercial Bins from the premises of the service recipient who is discontinuing Commercial Solid Waste service within one week following receipt of notification that Commercial Solid Waste service is to be discontinued. H. No Solid Waste Enterprise shall place a Commercial Bin, Construction and Demolition Material Bin, Temporary Bin, Roll -Off Box, or any Container other than residential Solid Waste Containers, at any location Page 31 rIj within the City unless the Container is clearly marked with the name, address and telephone number of the owner of the Container and a unique Container number. The identification shall be waterproof and legible. Residential Solid Waste Containers shall be labeled as specified in an applicable Solid Waste franchise. I. Each Solid Waste Enterprise shall maintain its solid waste Containers within the Citv in a manner to protect public health and safety and prevent the spread of vectors. Waste in the City free from any exterior paint or to as "graffiti" or "tagging". Waste Enterprise shall post each that the Container is not to be used for the disposal of liquid or4,Hazardous Waste. L. The City may require -that commercial bins be stored in a bin enclosure iC AA Ain TT1, It is unlawful for any person to place refuse and yard trimmings in, or to otherwise use the refuse containers of another person, without the permission of such other person. 15.44.410. Recyclable Materials and Recyclable Solid Wastes. DRAFT A. Upon placement of Recyclable Solid Waste at a designated recycling collection location, or placement of Recyclable Solid Waste or Recyclable Materials in a Container provided by a Solid Waste Enterprise or by an Authorized Recvcling Agent for collection of Recvclable Solid Wastes, the Recvclable Materials and Recyclable Solid Waste become the property of the Solid Waste Enterprise or Authorized Recycling Agent, by operation of state law. See Public Resources Code 41950(c). Page 32 rig B. The recvcling or disposal of anv Recvclable Solid Waste which has become part of the Solid Waste stream by having been discarded shall be in accordance with the provisions of this Chapter. C. Except as provided below, nothing in this Chapter shall limit the right of any person, organization, or other entity to sell Recyclable Material owned by that person, organization or other entity or to donate Recvclable Material to a charitv or any other entity other than a Solid Waste Enterprise. D. If the seller or donor of Recvclable Material vays the buver or the donee any consideration for collecting, processing, recycling, transporting or disposing of the Recvclable Material, or providing consultation services which exceed the selling price of the Recvclable Material, the transaction shall not be regarded ,as a,,sale or donation of Recyclable Material, but as an arrangemen(for the disposal of Solid Waste and shall be subject to this Chapter E. A person who receives a discount orrired`uction in the collection, disposal and/or recycling service rates for unsegregated or segregated Solid Waste shall not be deemed to be selling or`°donating Recyclable Material and does not fall within this "donate or sel0 exceution. 15.44.415. Green Waste. 1./ in length and six inches in diameter. before being placed adiacent to a street or uublic right-of- ignated for the collection of Green Wasterdor-Stied securely in bundles not exceeding fifty pounds and shall not"be contaminated with other forms of Solid Waste or with Hazardous Waste. No person,shall mix Green Waste with other forms of Solid Waste, nor contaminateGreen Waste with anv other substance. unless specifically permitted by City a Solid Waste Enterprise. Materials such as food waste or manure may be placed in Green Waste Containers only if the Citv or franchised Solid Waste Enterprise has established such a recvcling program and only in the manner in which specifically directed by the City. Part 5. Collection DRAFT . R -a- Nala Page 33 T 15.44.500. Frequency and Hours of Collection. A. Each Solid Waste Enterprise shall collect the contents of each Commercial Bin (except Construction and Demolition Bins, Temporary Bins and Roll -Off Boxes) and Residential Solid Waste Container placed, located or maintained in the Citv bv,that Solid Waste Enterprise not less DRAFT frequently than once per week. the but M of the dawtodav operation of C Residential Premises. may snecifv the freauencv of collection of Solid of on in charge may not snecifv a Container size or frequency that is inadenuatet3-"to contain the Solid Waste generated by the premises or the weeks to the level of sere a to adequately meet Collection needs. The adjustments toervices may include increasing the size of the Containers used at the Premises , increasing the number of Containers, or increasing frequency of Collections. D. In order to protect residents' quiet enjoyment of their Residential Premises, and except as otherwise set forth in a City approved franchise a¢reement, collection from Residential Premises, both single family and multifamilv, shall not be made between the hours of 7:00 p.m. of any day and 6:00 a.m. of the next day, or on any Sunday, unless permitted by the Citv. Collection from Commercial Premises at locations more than six hundred feet from anv residential zone and/or use within the City shall not be made between the hours of 7:00 p.m. and 5:00 a.m. Collection from Commercial Premises at locations less than six hundred feet from any residential zone and/or use within the City shall not be Page 34 ' -PM 15.44.500. Frequency and Hours of Collection. A. Each Solid Waste Enterprise shall collect the contents of each Commercial Bin (except Construction and Demolition Bins, Temporary Bins and Roll -Off Boxes) and Residential Solid Waste Container placed, located or maintained in the Citv bv,that Solid Waste Enterprise not less DRAFT frequently than once per week. the but M of the dawtodav operation of C Residential Premises. may snecifv the freauencv of collection of Solid of on in charge may not snecifv a Container size or frequency that is inadenuatet3-"to contain the Solid Waste generated by the premises or the weeks to the level of sere a to adequately meet Collection needs. The adjustments toervices may include increasing the size of the Containers used at the Premises , increasing the number of Containers, or increasing frequency of Collections. D. In order to protect residents' quiet enjoyment of their Residential Premises, and except as otherwise set forth in a City approved franchise a¢reement, collection from Residential Premises, both single family and multifamilv, shall not be made between the hours of 7:00 p.m. of any day and 6:00 a.m. of the next day, or on any Sunday, unless permitted by the Citv. Collection from Commercial Premises at locations more than six hundred feet from anv residential zone and/or use within the City shall not be made between the hours of 7:00 p.m. and 5:00 a.m. Collection from Commercial Premises at locations less than six hundred feet from any residential zone and/or use within the City shall not be Page 34 made between the hours of 7:00 p.m. and 6:00 a.m. Subject to the foregoing requirements, collections shall be made by arrangement between the person in charge of day-to-day operation of Commercial Premises and the Solid Waste Enterprise. E. Solid Waste Enterprises shall design their routes and times for collection in a manner which minimizes air pollution, traffic, noise and wear and tear on public and private streets and other problems with the potential to adversely affect public health, safetv, or the environment. The City shall have the right to direct a Solid Waste Enterprise to revise its routing to better address these concerns, to address resident complaints, and to coordinate with street sweeping and with Public Works proiects or other projects affecting street useage. , 15.44.505 containers Loeated for Collection-,, 15.44.505. Special Collections. The person responsible for the `dawto�day��operatio I of Commercial Premise in the City may�%rder special collecti Bulky Waste and Construction andtDemolition Material off bin services. 'Part -6. Collection Vehicles and Equipment, Cleanup 5.4400 Collection Vehicles. the of Solid Waste within the manrief"that will prevent spilling. droboing or blowing of anv waste B. No person shall park, or cause to be parked in a public area or public street within the City any Solid Waste collection vehicle containing Solid Waste unless the vehicle is free from odor and in a sanitary condition. 15.44.605. Trucks: Noise Standards DRAFT To protect the public health, safety and quiet enioyment of the Citv's residents, the noise level for collection vehicles during the stationary noise level for collection vehicles during the stationary compactionprocess Page 35 m shall not exceed seventy-five dB(A) at a distance of twenty-five feet from the collection vehicle and at an elevation of five feet from the horizontal base of such vehicles. 15.44.610. Cleanup Responsibility. A. Any person or entity handling Solid Waste, including Recyclable Solid Waste and Green Waste within the City shall immediately clean up, or arrange for the immediate cleanup, of any Solid Waste released, spilled or dumped into the environment during collection, handling or transport within the City by such person. Waste has been nicked up by a Solid'Waste Enterprise, or is self -hauled. the person in charge of the day-to� res the cleanup of any and all Solid Waste generated, deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged; infected, dumped or disposed into the environment, or which otherwise has come to be located outside an authorized Container on, at, or in the premises of which the person is in charge. This cleanup responsibility includes the cleanup of Solid WasteE. including Recvclable Solid Waste and Green Waste which has come to'be)located outside an authorized Container for the collection of such Solid Waste, notwithstanding human or animal interference with a Container.,wind or other natural forces and whether during storage, collection, removal, or. transfer. For purposes of this Section, the term "disposed Mto the environment" shall include, but is not limited to, the abandonment. of or discarding of barrels, Containers and ether closed recentacles lof solid or liquid waste of anv kind Each S'olid,: clean otherwise released or discharged into the environment Collection.jremoval. or transfer, as soon as the spill, release or discharge Part 6 7. Unlawful and Prohibited Acts 15.44.6700 Use of Containers Required. DRAFT The keeping ef feftise in eentainefs E)f bifts et -her- than these py-eser-ibed by t unsanitar-y is f , nsfi es . ptiblie n o and y be abated ;.t the hereafter- „...,yide.l by iaw f r the abatement of nuis.,. ees. To protect public health, safetv and well-being and to control the spread of vectors, Page 36 no person other than a self -hauler permitted pursuant to this Chapter, or a licensed contractor performing work within the scope of that contractor's license in accordance with Section 15.44.810, shall keep Solid Waste, including Green Waste, in any Container other than a Container approved by a franchised Solid Waste Enterprise or the City; nor shall any person place Solid Waste in any Container provided by a un -franchised Solid Waste hauler (except pursuant to Part 8 herein or Chapter 15.46); nor shall anv person accumulate Solid Waste for more than fourteen consecutive days; nor shall anv person keep upon any premises in the Citv any Solid Waste which is offensive, obnoxious or unsanitarv. All of the foregoing is unlawful.,constitutes a uublic nuisance and may be abated in the manner now or 1 for the abatement of nuisances. 15.44.6705 Removal of Refuse Solid Waste. To protect public health, and to controPlf than the person in charge of `dav-to day -_activities at any Residential or olid Waste Enter charge of the premises, or a representative of the City, shall remove anv Container from the location where the ,Container was placed for storage or collection by the person in charge_ of ,day-to-day activities at the premises, or remove anv Solid Waste from any Container, or move the Container from the location in which it was placed for storage or Collection. 15.44.715. Placement of Bulky Goods. DRAFT To protect public health, safety and well-being and to minimize interference with public rights of way, no person shall place Bulkv Goods adjacent to a Page 37 IrM 15.44.715. Placement of Bulky Goods. DRAFT To protect public health, safety and well-being and to minimize interference with public rights of way, no person shall place Bulkv Goods adjacent to a Page 37 street or public right-of-way without first having made arrangements with a Solid Waste Enterprise licensed or permitted by the City for the pickup of the Bulky Goods. No person shall place Bulky Goods in, on, or around a bin enclosure or inside or adiacent to a bin without first obtaining permission from the service recipient and the corresponding Solid Waste collector. 15.44.720. Use of Civic Litter Containers To Hazardous W E- E. Hazafae„s of speeia4 wastes. 15.44.723. Scavenging It is unlawful for anyone other than the owner of the Recyclable Materials or an authorized Recyclable Materials collector to remove Recyclable Materials or Recyclable Solid Wastes placed for collection in Containers labeled for use in connection with a recvcling program sponsored by the City or City -authorized Solid Waste Enterprise. 15.44.725. Solid Waste Burning Prohibited To protect public health, safety and well-being, no person shall burn Solid Waste within the City, except in an approved incinerator, transformation DRAFT Page 38 facilitv, conversion technology facility or other device for which a permit has been issued and which complies with all applicable permit and other regulations of air pollution control authorities and provided anv such act of burning in all respects complies with all other laws, rules and regulations. 15.44.730. Collection of Solid Waste Without Solid Waste Franchise or Continuation Rights Prohibited. A. To protect public health, safetv an°d well='being, no person except a City employee or a Solid Waste Enterprise with a Solid Waste Franchise or 10 remove anv Solid W within the City. 'issued for the the or a person authorized or a licensed contractor )ntractor's license, shall Baste from any Premises which has a Solid Waste Waste Enterprise with ►r a licensed contractor ►ntractor's license. shall within the Cit- or collectanylSolid Waste from any premises or permit or suffer a Solid Waste Container to remain in anv place within the which has a Solid Wastefranchise issued by the Citv or continuation rights recognized by the City shall collect any Solid Waste from any Premises or place a Container for the accumulation of Solid Waste at any Premises within the City, or permit or suffer a Solid Waste Container to remain in anv place within the Citv shall constitute a separate offense and shall be a nuisance. 15.44.735. Use of Container of Another DRAFT Page 39 0 IZ 15.44.730. Collection of Solid Waste Without Solid Waste Franchise or Continuation Rights Prohibited. A. To protect public health, safetv an°d well='being, no person except a City employee or a Solid Waste Enterprise with a Solid Waste Franchise or 10 remove anv Solid W within the City. 'issued for the the or a person authorized or a licensed contractor )ntractor's license, shall Baste from any Premises which has a Solid Waste Waste Enterprise with ►r a licensed contractor ►ntractor's license. shall within the Cit- or collectanylSolid Waste from any premises or permit or suffer a Solid Waste Container to remain in anv place within the which has a Solid Wastefranchise issued by the Citv or continuation rights recognized by the City shall collect any Solid Waste from any Premises or place a Container for the accumulation of Solid Waste at any Premises within the City, or permit or suffer a Solid Waste Container to remain in anv place within the Citv shall constitute a separate offense and shall be a nuisance. 15.44.735. Use of Container of Another DRAFT Page 39 0 To protect public health, safety and well-being and to prevent the contamination of Solid Waste, including Recyclable Solid Wastes and Green Waste, no person shall place Solid Waste in, or otherwise use the Solid Waste Container, including a Recyclable Solid Waste or Green Waste Container, of another, without the prior written permission of such other person. 15.44.745. Unlawful Dumping Prohibited. No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, iniect, bury or dispose into the environment (including by abandonment or discarding of barrels, Containers and other closed receptacles of solid, hazardous or liquid waste of any kind whatsoever) any solid or liquid waste upon any premises within the City, or to cause, suffer, or permit any solid or liquid waste to come to be located upon anv premises in the City, except in an authorized or permitted Solid Waste';Container or at an authorized or M1 N 15.44.750. Public Nuisance. To protect public health, safety and well-bemgand to prevent the spread of vectors, it is unlawful and a public nuisance, rany, person or entity to violate any term of this Ordinance. For these same reasonsitsis a public nuisance for anv person or entity to occupy, inhabit, maintain, orAo be in day-to-day control of any premises within the City which generates Solid Waste for which arrangements have not been made with a franchised Solid Waste Enterprise, a Solid Waste Enterprise with continuation rights recognized by the City, or without obtaining a self -haul permit from the City, for regular collection and removal of Solid Wastes, including Recyclable Solid Wastes or Green Waste. iundment of T W Materials in landfills are detrimental to the Citv's diversion efforts and oualitv, of life in the City. Therefore, the operation of a non -franchised Solid Waste collection "operation in violation_ of Section 15.44.305 creates a in the and all Containers used in the unlawful operation as provided in this Subdivision (A) Notice of Violation. (1) Upon discovery of a Container determined to be used in the operation of a non -franchised Solid Waste hauling business within the City, the City shall identify the owner of the non -franchised business and shall serve upon the owner a written Notice of Violation by first class U.S. certified mail return receipt requested. The Notice shall be DRAFT Page 40 IS, accompanied by a photograph of the Container as discovered by the City indicating the address where the Container was discovered. The Notice of Violation shall include the following: (i) That it is unlawful to operate a Solid Waste hauling business in the Citv without obtaining a City -approved Franchise pursuant to the City of Santa Clarita Municipal Code 15.44. the Container for the hauling business Failure to re impounded at the owner's expense. Notice of Violation to the tion 6'f -.Section 15.44.305, the unlawful Solid Waste �te&in the City must be the ,date of the Notice of h Containers within this itV causing . them to be (iii) That, in the case of all subsequent violations of Section 15.44.305 involving a Container within a twelve (12) month period of the expiration of the ten (10) day period set forth in (ii) above, the 166ntainer(s) may be immediatelv impounded the u ,whose business pursuant to subsectiou��` (E)(1) of this section shall become property of the Citv to be sold or disposed of as determined by m the Ci ity.` (v) That the owner may make a request for a hearing, accompanied by the required fee, as set forth in subsection (E)(1 -)sof this Section within ten (10) business days of the date Nk of the Notice of Violation to contest that there was a violation ofSection 15.44.305 or that he/she is the responsible party. :_ 41 (i) A copy of this ordinance in its entirety. (vii) A map delineating the Citv's borders. (B) Unlawfully placed trash Containers — Impoundment. (1) In the case of Containers used in the operation of a non -franchised Solid Waste hauling business, the owner must remove all Containers placed within the Citv within ten (10) business days of receipt of DRAFT Page 41 S1 'i' Notice of Violation, unless the Notice of Violation is appealed pursuant to subsection (E)(1). Absent an appeal, failure to remove any and all such Containers within ten (10) business days may result in the City causing said Containers to be impounded at the owner's sole expense, which shall include all impound towing, dump (emptying), storage and administrative processing fees. (2) Following receipt of the Notice of Violation by a non -franchised Solid Waste hauling operation and after the period set forth in subsection (13)(1), without any additional prior Notice, the City may cause the impoundment of any Containers determined 'to'b`e, used by the same owner, irrespective of the name under which .the unlawful business is operated and regardless of the location o_frsuch Containers. (3) Notwithstanding the foregoing, and consistent withthe provisions of In impoundment of anv and all Containers whose owner=k&,received a Notice of Violation which was not overturned on appealpursuant to subsection (E) in the prior 12 months. Such Owner may still appeal the current Notice of�Violation pursuant to subsection (E). (4) Containers not reclaimed®..�within thirty (M) days and whose impoundment are not contested pursuant to subsection (E)(1) of this section shall become property, -of the�OWto be sold or disposed of as determined by the City. '" o� 3, (5) The fees related to the impoundment, emptying, storage and administrative processing of impounded Containers shall be set by City,Council resolution. Notice Afte�ImPoundment. Upbfi,Aiscovery oN Container that has not been removed subsequent to the issuaric&of a Notice of Violation within the time period required pursuant to subsection -B)(1) of this Section, or in the case where a Container is found to belong to anon=franchised waste-haulin operator who was previously issued a Notice of Vi ation within the preceding twelve (12) month period, the City may cause the Container to be immediately impounded at the owner's expense. The City shall serve upon the owner a written Notice After Impoundment by first class U.S. certified mail return receipt requested. The Notice After Impoundment shall be accompanied by a photograph of the Container as discovered by the City indicating the address where the Container was discovered. The Notice After Impoundment shall include the following: Page 42 DRAFT (iv) That, pursuant to the Notice of Violation previously issued to the owner, the owner was found to be in violation of the Citv of Santa Clarita Municipal Code 15.44.305 and was required to remove the subject Container within the time period set forth in the Notice of Violation. (v) That either: (a) the failure of the owner to remove the Container in the requisite time period set forth, in the Notice of to be imnoun owner that all subseauent violations ofaSection 15.44.305 occurrin the Notice of Violation would result in its immediate impoundment upon discovery by the City at the owner's expense prior to any subsequent notice being issued. (vi) That either: (a) due to the owner's failure to remove the Container aused said Container to be the date of of the time the roll -off Container or dumnster described in the Notice of Violation, the City caused the Container identified in the enclosed photograph to be immediately impounded at the owner's expense. (vii) That upon presenting a Receipt issued by the City showing payment in full of the all impound and storage fees, the owner may reclaim the impounded Container from the storage location. (viii) That any and all fees for any impounded Container must be paid within ten (10) business days from the date the Notice After Impoundment was sent. (ix) That if the impounded Container is not reclaimed within Page 43 Mil 24 hours from the payment of the fees, additional storage costs will accrue and must•be paid prior to reclaiming the Container. (vii) That the owner may make a request for a hearing as set forth in subsection (E)(1) of this Section within ten (10) business days of the date of the Notice of Violation. (viii) A copy of this ordinance in its entirety. (D) Service of Notice of Violation upon unidentified owners of Containers The designated enforcement employee shall conduct a diligent investigation to identifv the owner of anv and all unmarked Containers of non -franchised waste hauling operations within the City for- the purpose of promptly serving the owner through U.S. mail with a Notice of Violation. For purposes of this section, "unmarked Containers" shall mean NContainers_ with insufficient information to identify and contact the owner �ofthe Container (i.e. lack of name, working phone number, valid address etcS When, despite diligent efforts, the identity of the owner of an unmarked Container cannot be determiner- the enforcement emnlovee shall serve the Notice of Violation by leaving it firmly affixed to the Container. The enforcement employee shall take a photograph that shows the Notice affixed to.tlie Container. The owner shall be deemed to have been served at the time the Notice is affixed to the Container. Allunmarked Containers in the public right-of-way may be immediatelyAi6ounde& upon discovery by the City at the owner's expense nrinr to n of cuhwouent notice being issued. Anv unmarked Container within ten business days of iri noundment F for which impoundment is not contested pursuant to subsectioin (f)(1) of to be sold or disposed of as deti Citv shall be used to offse6the increase diversion. (E) Administrative hearing. Is 'i4 of the (1) Request for hearing. Any responsible party to whom a Notice of Violation has been issued may contest that there was a violation of this Subdivision, or that he/she is the responsible party by filing a written request with the City Manager or designee for a hearing within ten (10) business days from the date of Notice, accompanied by a fee set by resolution of the City Council. The City Manager shall set a date for a hearing to occur within thirty (30) calendar days from the date of the request. Page 44 RU 2) Notification of hearing. At least ten (10) business days prior to the date of the hearing, the City shall, by U.S. certified mail, return receipt requested, or personal service, give notice to the responsible party of the time, date and location of the hearing. The Citv shall also provide the responsible partv with anv materials provided to the hearing officer at the time the materials are provided to the hearing officer. Hearing officer. Appointment and responsibilities of the hearing officer shall be in accordance with the following: i) The Citv Manager shall appoint a person who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate (referred to as the "hearing officer"). (ii) Anv person designated to�serve as a hearing officer is subiect to disoualification for bias. preiudice. interest. or for anv other reason 170.1. The to the date of the'liearing. obiecting to th disqualification, in which case the hearing shall be postponed pending heard and determined in which"tlie',disqualification statement is filed. res. Admmistrative have the opportunity to offer (F) Administrative order. The administrative order shall be issued in accordance with the following: 11„ (1) Within ten (10) business days of the conclusion of the hearing, the hearing officer shall provide the responsible party with his decision in writing (referred to as "administrative order"). The hearing officer shall provide the responsible party with the administrative order by personal service or by certified mail, return receipt requested, to the responsible party's last known business address. Page 45 (2) The administrative order shall contain the hearing officer's reasons for the decision and the procedure described in subsection (H) for seeking iudicial review. (3) A decision in favor of the responsible party shall constitute a dismissal of the municipal ordinance violation. The City shall promptly return any impound fees paid by the responsible party and any bin or dumpster that was determined to be unlawfully impounded. (4) If the hearing officer renders a decision in favor of the City, the responsible party must comply with the administrative order or seek iudicial review of the administrative order pursuant to subsection (I). (5) The prevailing party in any administrative proceeding, including any judicial appeal of same, shall be entitled to payment of its costs and expenses, including reasonable attorneys fees, by the non -prevailing party. (G) Failure to attend administrative hearing. The effects of failing to attend the hearing are as follows: , h - DRAFT Waiver of right to hearing. Thexesponsible at a hearing shall constitute a waiver-ol' th the to exhaust remedies. rm (2) Good cause. Upon a showing of good cause by the responsible party, --,-the�hearing officer may excuse the responsible party's failure to . af)X ar?at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one time. this rder in favor of the Anneal►the administrative order pursuant to Government Code a 53069.4 within twenty (20) calendar days after service of the administrative order. Pursuant to Government Code � 53069.4, the appealing party shall serve a copy of the appeal notice in person or by first class mail upon the City. Appeal notices shall be sent to the City Clerk. If no appeal notice is filed within the 20-calendar-dav period, the decision shall be deemed confirmed and final; or (2) File a petition for a writ of mandate pursuant to Code of Civil Procedure 1094.5-1094.8 within 90 calendar days after service of the Page 46 administrative order. 15.44.805 Tmieks! Standards. .......... DRAFT Part 9-8 Self Haulers Page 47 3 IT IT I AMIR WIN a A. and Requirements. Solid Wastes or Green Waste, each self -hauler, as defined in 15.44 below. shall obtain a self -haul permit from the "=City. The sel hermit must be renewed on a biennial basis and all applicants must pay to the and oerformin2 the required work associated with the permit. Each self -haul permit holder shall submit reports to the City, iii a format and information may include;, -but is not limited to, the type, quantity, volume, weight and disposal facility destination - of the Solid Waste collected in the City, and gi&;4 ckets or receipts to substantiate its disposal and recycling reports.�Failure_to.submit required reports to the City or,to self --haul within We' required 'frequency shall be a basis for revocation of a "self -haul' hermit. that Waste to a licc disposal facility. a Self -Haul MMMIRM AMIR DRAFT Page 48 15.44.810 Licensed Contractors. Licensed contractors performing work within the scope of their licenses, to which the removal of Construction and .,Demolition Material is incidental. within the ON may remove and recvcle°6r otherwise dispose of Construction permit. provided the Construction a &Demolition, Material is transported in contractor -owned Containers and vehicles gbv contractor's emplovee(s). See requirements. Part 10. Clean Up Responsibitio* n..+11,va 1. Except as otherwise provided in this Chapter, violations of this Chapter are punishable as set out in Sections 1.090 through 1.01.260 of the Municipal Code. Part 9. Enforcement 15.44.900. Enforcement Pursuant to California Penal Code Section 836.5, the Citv Manager or the City Manager's designee(s) (collectivelv, the City Manager) is authorized to enforce the provisions of this Chapter as well as those of California Penal Code 0 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7 and 375; California Government Code " DRAFT Page 49 KIN 68055 et seq.; and California Vehicle Code 23111 and 23112. This authority shall be in addition to the authority granted to law enforcement personnel pursuant to this Municipal Code, including, but not limited to, the authoritv to seize bins as evidence of criminal violations, when appropriate. 15.44.905. Enforcement by Designees Wherever in this Chapter enforcement authority is given to anv City emplovee or officer, such authority may be exercised by designees of those officers and employees. 15.44.910. Violations Punishable. Except as otherwise provided by this Chapter, violations of this Chapter are Punishable as set out in Sections 1.01.200 `ihrou2h 1.01.260 of the Municipal DRAFT Page 50 `4