Chapter 2 COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS*

The City Council has found and determined, and hereby finds and determines, in order to meet the requirements of the California Integrated Waste Management Act of 1989, including requirements for source reduction of the solid waste stream, diversion of solid waste from landfills and conservation of natural resources, it is necessary to regulate the collection of solid waste from commercial/industrial premises in addition to residential premises and to encourage recycling of solid waste materials. In addition thereto, the requirements of the Environmental Protection Agency and the Southern California Air Quality Management District and other regulatory agencies with respect to air pollution and traffic congestion management require regulation, and, where possible, reduction of the number of waste collection vehicles and vehicle trips with attendant discharge of air contaminants and pollution. Reduction of the number of heavy waste collection vehicles using the City streets daily will reduce traffic hazards and congestion and promote safety. Notwithstanding the City’s collective diversion rate City wide, each and every solid waste enterprise operating in the City shall be individually responsible for meeting current and future diversion mandates of the State of California.

The City Council further finds and determines that the storage, accumulation, collection and disposal of solid waste, including without limitation garbage, trash, debris and other discarded materials, is a matter of great public concern in that improper control of such matters may create a public nuisance, air pollution, fire hazard, rat and insect infestation and other problems affecting the public health, safety and welfare. Regulation of the collection of garbage, refuse and other discarded materials from all residential, commercial and industrial properties within the City will provide the most orderly and efficient solution to such problems and promote the public health, safety and welfare. Regulation of solid waste business in the City will also promote public health and safety by, among other things, requiring newer and safer vehicles, regular maintenance, reduction of spillage and litter in the public streets, establishing accountability for the cleaning of refuse bins and containers, and accountability to the public.

The City Council hereby finds and determines that the public health, safety and welfare will be served by providing for exclusive franchises for residential refuse collection services, and for commercial and industrial collection services subject to the rights of certain existing commercial/industrial collectors who are qualified under Public Resources Code Sections 49520 and 49521 to continue the solid waste collection services for five (5) years following notice given pursuant to that section. Such five (5) year period expires March 1, 1996. Notwithstanding such expiration date, any solid waste collection services that continue service pursuant to Public Resources Code Sections 49520 and 49521 (as may be amended) shall not expand their account base or solicit new accounts during such period of continued services. (Ord. 91-956, § 1; Ord. 18-1831, § 2)

Part 1. Definitions

5201 Definitions.

The following words and phrases, for the purpose of this Chapter, are defined and shall be construed as hereunder set out:

(a) City Administrator. “City Administrator” shall mean the City Administrator of the City of Carson (“City”) or his or her designee.

(b) Collection. “Collection” shall mean the operation of gathering together within the City and/or transporting by means of a motor vehicle any solid waste or recyclable material.

(c) Collector. “Collector” shall mean any person who has been issued a franchise to provide residential or commercial/industrial solid waste or recyclable materials collection services in the City, or who has been issued a permit and/or license by the City to operate as a commercial/industrial solid waste collector and is authorized by Public Resources Code Sections 49520 and 49521 to operate as a commercial/industrial solid waste collector for the unexpired period of time set forth in a notice given by the City pursuant to such Section 49520.

(d) Commercial/Industrial Business Owner. “Commercial/industrial business owner” shall mean any person, firm, corporation or other enterprise or organization holding or occupying, singly or with others, commercial/industrial premises, whether or not the holder of the title of the commercial/industrial premises.

(e) Commercial/Industrial Collector. “Commercial/industrial collector” means a collector providing solid waste collection services to commercial and industrial premises, including construction and/or demolition sites.

(f) Commercial/Industrial Premises. “Commercial/industrial premises” shall mean all occupied real property in the City except property occupied by Federal, State or local governmental agencies which do not consent to their inclusion, and except residential premises, and shall include without limitation, multiple housing (including but not limited to housing projects containing or consisting of four (4) or more units, whether apartment houses, condominiums, mixed condominiums and rental housing, or mobile home parks) wholesale or retail establishments, restaurants, other food establishments, bars, stores, shops, offices, manufacturing, repair, research and development, professional, services, sports or recreational facilities and construction and demolition sites.

(g) Construction Site or Demolition Site. “Construction site” or “demolition site” shall mean any real property in the City of Carson in, on or from which a building or structure is being fabricated, assembled, erected or demolished and which produces construction or demolition solid waste which must be removed from the property, and requires the use of commercial refuse containers (two (2), three (3), four (4), six (6) or eight (8) yard containers) or fifteen (15), twenty-five (25) or forty (40) yard roll-off boxes.

(h) Construction or Demolition Waste. “Construction or demolition waste” shall mean any solid waste generated as the result of construction or demolition, including without limitation discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

(i) Disposal. “Disposal” means the complete operation of treating and/or disposing of solid waste after the collection thereof.

(j) Hazardous Waste. “Hazardous waste” shall mean and include waste defined as hazardous by Public Resources Code Section 40141, namely a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may do either of the following: (i) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. “Hazardous waste” includes extremely hazardous waste and acutely hazardous waste, and such other waste as may hereafter from time to time be designated as such by the Environmental Protection Agency (“EPA”) or other agency of the United States Government, or by the California Legislature or any agency of the State of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.

(k) Holiday. “Holiday” shall mean:

New Year’s Day

Memorial Day

Independence Day

Thanksgiving Day

Christmas Day

“Holiday” shall also mean any other day designated as such in a contract between a collector and the labor union serving as the exclusive representative of said collector’s employees, provided such holiday is approved by the City Council.

(l) In the City or Within the City. “In the City” or “Within the City” shall mean within the City limits of the City as such limits now exist or may hereafter exist by virtue of the annexation of territory to or detachment of territory from the present limits of the City.

(m) Manure. “Manure” shall mean the waste droppings from any animal not disposed of through sewers.

(n) Person. “Person” shall mean any individual, association, firm, partnership, corporation, or any other group or combination thereof acting as a unit.

(o) Processing. “Processing” means the reduction, separation, recovery and conversion of solid waste.

(p) Public Agency. “Public agency” shall mean any governmental agency or department thereof, whether, Federal, State, or local.

(q) Recyclable Materials. “Recyclable materials” shall mean the following solid waste materials generated on or emanating from residential or commercial/industrial premises and no longer useful or wanted thereon: glass bottles and jars – any food or beverage container (excluding ceramics and chemical containers); aluminum – cans, foil, pie tins and similar items (excluding dirt or organic material); steel or bi-metal cans not to exceed one (1) gallon size; PET – plastic soda bottles or other bottles with the designated “PET” symbol; HDPE – plastic milk and water bottles with the designated “PET” symbol (excluding detergent or bleach bottles and other plastic products); newspaper; cardboard – separated and not having waxed surfaces; computer printout (excluding carbon); and white ledger – white bond paper, office paper, white envelopes (excluding coated paper); and such additional materials as the City Council may designate from time to time.

(r) Recycling. “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

(s) Recycling Container. “Recycling container” shall mean a container provided to residential premises for use in collecting and moving recyclable materials to curbside for collection by the collector. Said container shall have a capacity of at least eighteen (18) gallons and shall be marked with the City recycling logo. The type, color and design of the container provided shall be subject to approval by the City Administrator.

(t) Residential Collector. “Residential collector” means the collector who collects solid waste and recyclable materials from residential premises under an exclusive contract or franchise.

(u) Residential Householder. “Residential householder” shall mean any person holding and/or occupying residential premises, whether or not the owner, singly or with his or her family, in the City.

(v) Residential Owner. “Residential owner” shall mean the owner of any residential premises within the City.

(w) Residential Premises. “Residential premises” shall mean any residential property within the City, except rental housing projects, condominiums, apartment houses or other residential housing with four (4) or more dwelling units.

(x) Resource Recovery. “Resource recovery” shall mean any use or refuse or solid waste collected pursuant to this Chapter, except for land disposal or transfer for land disposal. “Resource recovery” shall include, but is not limited to, transformation, composting and multi-material recycling.

(y) Solid Waste. “Solid waste” shall mean all putrescible and nonputrescible solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential premises or commercial/industrial premises, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes, as defined in Public Resources Code Section 49503, excluding liquid wastes and abandoned vehicles; provided however, that “solid waste” shall not include hazardous waste. Notwithstanding the foregoing, residential solid waste shall not include items greater than four (4) feet in length, eighteen (18) inches in diameter, or more than sixty (60) pounds in weight.

(z) Solid Waste Container. “Solid waste container” shall mean any vessel, tank, receptacle, box or bin used or intended to be used for the purpose of holding solid waste for collection.

(aa) Standard Solid Waste Container. “Standard solid waste container” shall mean a state-of-the-art bin or refuse container used in connection with commercial industrial premises with a two (2), three (3), four (4), six (6) or eight (8) cubic yard capacity, designed for mechanical pick-up by collection vehicles and equipped with a lid, or where appropriate for the commercial/industrial premises being served, a fifteen (15), twenty-five (25) or forty (40) cubic yard roll-off body or compactor, and shall include other types of containers suitable for the storage and collection of commercial/industrial refuse if approved in writing by the City Administrator.

(bb) Standard Residential Solid Waste Container. “Standard residential solid waste container” shall mean a container made of metal, hard rubber or plastic with a capacity of forty-five (45) gallons and a weight of no more than sixty (60) pounds when placed for collection. Well secured, unpunctured, heavy plastic bags may also serve as standard residential refuse containers, provided they weigh no more than sixty (60) pounds when placed for collection. (Ord. 91-956, § 2; Ord. 91-959, § 1)

Part 2. Franchises, Permits and Rates

5220 Franchise Requirement.

No person shall collect and/or dispose of solid waste in the City unless such person has been awarded a solid waste collector franchise and has entered into a franchise agreement with the City, except as otherwise specifically provided in this Chapter. No person shall collect recyclable materials generated on or emanating from residential premises in the City unless such person has been awarded a residential recycling franchise and has entered into a franchise agreement with the City. Any such solid waste or residential recycling franchise shall be in addition to any business license or permit otherwise required by the Carson Municipal Code. No permit issued by any other governmental agency authorizing collection of solid waste or residential recycling materials shall be valid in the City. Commercial/industrial collectors presently operating without a franchise in the City may continue to operate only until the expiration of the notice provided to them in compliance with Public Resources Code Section 49520 and only if such collectors are qualified under Public Resources Code Sections 49520 and 49521 and have an existing solid waste collector permit from the City. (Ord. 91-956, § 2; Ord. 91-959, § 1)

5221 Collector Fees.

Each collector shall pay an annual fee in an amount determined by resolution of the City Council and obtain a franchise or permit for collection of solid waste and/or recyclable materials. (Ord. 91-956, § 2)

5222 Transfer of Permit or Franchise.

An existing solid waste collector permit or a franchise issued under this Chapter shall not be transferred, delegated, sublet, subcontracted to or assigned to another person without the approval of the City Council. This restriction includes the transfer of ownership or the majority of the ownership or control of the permittee or franchisee, or transfer of a majority of the permittee’s or franchisee’s stock to another person. (Ord. 91-956, § 2)

5223 Revocation of Permit or Franchise.

After a hearing as provided in this Chapter, the City Administrator may revoke or suspend any solid waste collector permit or franchise for violation of a provision of this Chapter or any other applicable law, ordinance, or regulation of any public agency. (Ord. 91-956, § 2)

5224 Interim Suspension.

The City Administrator, without a hearing, may suspend a franchise or solid waste permit for not more than sixty (60) days, if the City Administrator finds that continued operation by the franchisee or permittee will constitute a threat to the public health, safety, or general welfare. (Ord. 91-956, § 2)

5225 Notice of Hearing – Revocation.

The City Administrator shall mail notice of a hearing to revoke a solid waste permit or franchise to the collector not less than fifteen (15) days prior to such hearing. In the event of the revocation of a franchise or solid waste permit, the City Administrator shall notify the applicant in writing of the reasons therefor. Such notification may be made in person or by mail. (Ord. 91-956, § 2)

5226 Appeals.

Within fifteen (15) calendar days after notice by the City Administrator of revocation of a solid waste permit or franchise has been sent to the collector, the collector may file with the City Clerk an appeal of such decision to the City Council. (Ord. 91-956, § 2)

5227 Council Action.

The City Council may either affirm the action of the City Administrator, send the matter back to the City Administrator for further consideration, or set the matter for hearing before itself. If the Council sets the matter for hearing, it shall base its action upon the standards delineated in CMC 5223. Notice of such hearing shall be sent to the collector not less than fifteen (15) days prior to the hearing. (Ord. 91-956, § 2)

5228 Rates.

The City Council may, by resolution, establish rates to be charged to residential owners and commercial/industrial business owners by the franchised collector for the collection of solid waste and recyclable materials. The City Council may, by resolution, establish rates to be charged by other commercial/industrial collectors who are qualified and permitted to provide solid waste collection services under Public Resources Code Sections 49520 and 49521. No collector shall charge any rate or fee which is greater than the rate established by the City Council, unless otherwise authorized in this Chapter. Every commercial/industrial business owner and residential owner shall pay the rates established from time to time by the City Council for collection services rendered pursuant to this Chapter in the manner set forth in Section 5229. The City Council shall establish rate categories as may be appropriate for collection services provided by the commercial/industrial collectors. (Ord. 91-956, § 2; Ord. 91-959, § 1)

5229 Collection of Charges.

The City shall collect fees for residential solid waste collection services by causing fees to be placed on the Los Angeles County Tax rolls through procedures established by the Los Angeles County Tax Collector. No charge shall be made directly to a residential householder by the franchised residential collector, except as otherwise specifically authorized by the City Council. Every commercial/industrial collector shall be solely responsible for collecting the charges for such collector’s services for providing commercial/industrial collections pursuant to this Chapter, and the City shall have no liability or responsibility therefor. (Ord. 91-956, § 2)

5229.1 Permits and Licenses.

Every collector shall obtain and maintain at all time during the collector’s operations a permit and business license issued by the City, and all applicable permits and licenses required by any public agency having jurisdiction. (Ord. 91-956, § 2)

5229.2 Seamless Service Requirements.

(a) Definitions. Whenever the terms set forth below are used in this Section, they shall have the meanings set forth herein below:

(1) “Change in contract” shall mean any change of any provider with whom the City contracts to provide waste collection and recycling services including the pick-up, transfer, disposal and sorting of residential and commercial solid waste and recycling.

(2) “Change in control” shall mean any sale, assignment, transfer, or other disposition of all or substantially all of the assets or a controlling interest (including by consolidation, merger, or reorganization) of the incumbent operator, or any person who controls such incumbent operator, to a new operator.

(3) “City” shall mean the City of Carson.

(4) “Provider” shall mean any corporation, company, partnership, trust, estate, association, joint venture or other legal or commercial entity, as well as any subcontractor of such an entity, operating within the City that employs workers to perform waste collection and recycling services under contract with the City, including the pick-up, transfer, disposal and sorting of residential, commercial, and industrial solid waste and recycling.

(5) “Incumbent operator” shall mean any person, as defined herein, who owns, controls, and/or operates a provider prior to a change in control or change in contract.

(6) “New operator” shall mean any person, as defined herein, who owns, controls, and/or operates any provider following a change in control or change in contract.

(7) “Person” shall mean an individual, corporation, partnership, limited partnership, trust, estate, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.

(8) “Qualified displaced worker” shall mean any person employed by an incumbent operator, or any subcontractor of an incumbent operator, who:

(i) Is not an “exempt” employee within the meaning of the Fair Labor Standards Act (“FLSA”); and

(ii) Has been employed at a provider by the incumbent operator, or any subcontractor of the incumbent operator, for at least thirty (30) consecutive calendar days prior to the execution of the transfer document.

(9) “Transfer document” shall mean the legal instrument or agreement effecting a change in control or change in contract.

(10) “Wages and benefits” shall mean all wages or compensation, and, where referenced in an applicable collective bargaining agreement, provisions addressing how overtime shall be calculated, employer and employee contributions for medical insurance and retirement benefits, any tool, shoe or uniform allowance, sick leave, vacation time and personal or family leave.

(b) Employee Retention.

(1) An incumbent operator shall, within ten (10) days of the execution of a transfer document, provide the new operator and the Carson City Manager, or his or her designee, a list of all of the employees of the incumbent operator at any provider, including each employee’s name, last known address, date of hire and job classification at the time of the transfer. The new operator shall offer employment at a provider to all qualified displaced workers in accordance with the terms of this Section.

(2) All scope of services and work hours performed by an incumbent operator that is to be performed by the new operator shall be performed, to the extent commercially feasible, by qualified displaced workers. Nothing herein shall be construed as requiring the new operator to create new employment positions that the new operator does not need in order to perform waste collection and recycling services under contract with the City. However, prior to reducing the amount of work hours or positions utilized to perform waste disposal services at a provider, a new operator must obtain written approval from the City Manager, which approval shall not be unreasonably withheld.

(3) The new operator is prohibited from discharging any qualified displaced worker offered employment as required herein, except for cause, for at least one hundred eighty (180) days from the effective date of the transfer document, or the date on which the new operator actually begins operating any provider, whichever shall later occur.

(4) At the end of such one hundred eighty (180) day period, the new operator shall perform a written performance evaluation for each qualified displaced worker retained pursuant to this Section. If such qualified displaced worker’s job performance during such one hundred eighty (180) day period is deemed to be “satisfactory” or better, the new operator shall offer the employee continued employment consistent with subsection (d) of this Section.

(c) Preferential Hire. In the event that, during the one hundred eighty (180) day transition period described above, the new operator determines that fewer positions are needed in order to perform waste collection and recycling services under contract with the City of Carson, including the pick-up, transfer, disposal and sorting of residential, commercial, and industrial solid waste and recycling, the new operator shall retain qualified displaced workers, as are determined to be commercially needed, by seniority. Seniority shall be determined by reference to any collective bargaining agreement covering the qualified displaced workers or, if no such agreement exists, then by reference to the initial hire date with the incumbent operator of each qualified displaced worker. Any qualified displaced workers not retained by the new operator shall be placed on a preferential hiring list and considered by the new operator for any job openings that may arise.

(d) Maintenance of Wages and Benefits. Each new operator shall provide all employees at a provider with wages and benefits not less than the greater of those (1) in effect at the provider immediately prior to the point of execution of the transfer document or (2) in any collective bargaining agreement, whether effective or expired, between the incumbent operator and any qualified displaced workers.

(e) Retaliation and Discrimination Barred – No Waiver of Rights.

(1) No incumbent operator or new operator shall discharge or otherwise discriminate against any employee, including a qualified displaced worker, for making a complaint, participating in any administrative proceeding, or using any civil remedy to enforce his or her rights, or for otherwise asserting his or her rights under this Section.

(2) Any waiver by a qualified displaced worker of any or all of the provisions of this Section shall be deemed contrary to public policy and shall be void and unenforceable, except where such waiver occurs in a bona fide collective bargaining agreement. Any attempt by an incumbent operator or new operator to have a waste or recycling worker waive rights given by this Section shall be deemed to be in contravention of public policy and shall also constitute a willful violation of this Section.

(f) Enforcement.

(1) Any qualified displaced worker claiming a violation of this Section may bring an action against an incumbent operator or new operator in the Superior Court of the State of California, to enforce the provisions of this Section. The court is authorized to award liquidated damages for each violation in an amount equivalent to one hundred eighty (180) days of such qualified displaced worker’s average regular rate of pay and, where appropriate, back pay, any other actual damages, reinstatement, injunctive relief, punitive damages, and any other legal or equitable relief. The court is further authorized to award treble damages for willful violations of this Section. Violations of this Section are hereby declared to constitute irreparable harm to any qualified displaced worker.

(2) A court in any proceeding to enforce the provisions of this Section shall award reasonable attorneys’ fees, expert witness fees, and costs to any plaintiff who prevails in an action to enforce the provisions of this Section.

(3) The rights and remedies set forth herein are in addition to any other rights which an employee might have, under any Federal or State statute or regulation or municipal ordinance or regulation or at common law.

(g) Incorporation Into Any City Franchise or License Agreements. The terms of this Section shall be included, by reference, in all contracts to provide waste disposal services, including the pick-up, transfer, and disposal and recycling of residential and commercial trash, to which any provider is a party. All providers shall include the terms of this Section, by reference, in all subcontracts which any provider may enter into involving the provision of waste disposal services, including the pick-up, transfer, disposal of residential and commercial trash and recyclables. In addition, the following language shall be included in all franchises, licenses, or other agreements for waste disposal services between the City and any provider:

It is understood between the parties that Qualified Displaced Workers, as that term is defined in Carson Municipal Code § 5229.2 are third-party beneficiaries to this contract and Contractor agrees that, as such, Qualified Displaced Workers shall have the right to enforce the provisions of this agreement relating to employee retention and initial wages and benefits. This right shall be independent of the City’s right to enforce any and all portions of the contract and shall be in addition to any rights that such workers may have under any other federal, state or local statute or at equity. In the event that a Qualified Displaced Worker prevails in an action to enforce this contract, that Qualified Displaced Worker shall be entitled to his or her costs, including a reasonable attorney’s fee, in addition to any other remedies that the worker may be due at law or in equity.

(Ord. 10-1447, § 1)

5229.3 Violations.*

(a) Any person or entity collecting and/or disposing of solid waste or recyclable materials in violation of CMC 5220 et seq. will be advised in writing by the City or the collector to cease such activities immediately (the “written warning”), which written warning shall demand the person or entity to remove all vehicles and solid waste containers being utilized in unlawful collection activities from the City no later than three (3) business days from the date of the written warning. This written warning requirement is not applicable where the registered owner of the vehicle or solid container cannot be identified.

(1) If, after the provision of the written warning, such person or entity continues to collect and/or dispose of solid waste or recyclable materials in violation of CMC 5220 et seq., such person or entity will be fined up to $1,000 for each violation. Each separate day, or any portion thereof, during which any violation of this Chapter occurs or continues shall constitute a separate offense.

(2) Such person may also be assessed, in accordance with subsection (c) of this Section, a daily impoundment fine, in an amount determined from time to time by resolution of the City Council, and administration charges, in the event that a vehicle or solid waste container utilized in unlawful collection activities is impounded pursuant to subsection (b) of this Section. The administration charges consist of towing and transportation costs for the vehicle or solid waste container, transportation and disposal of contents of the solid waste container, storage, and administrative and ancillary costs, in reasonable amounts reflecting actual administrative costs as determined by the City Manager.

(b) The City may impound any vehicle or solid waste container placed or located in the City in violation of CMC 5220 et seq., in accordance with the procedures set forth in subsection (c) of this Section. In addition, the collector is authorized to impound any solid waste container placed or located in the City in violation of CMC 5220 et seq., in accordance with the procedures set forth in subsection (c) of this Section.

(c) The following terms and conditions shall apply to the impoundment of a vehicle or solid waste container that was utilized in unlawful collection activities:

(1) If, after the provision of the written warning set forth in subsection (a) of this Section, the City or the collector finds that there is a continued presence of an unauthorized vehicle or solid waste container being utilized for such unlawful collection activities, the City or the collector will initiate hauling orders on the fourth business day after the date of such written warning unless the vehicle or solid waste container has been removed from the City.

(2) All impounded vehicles or solid waste containers will be transported by the City or the collector to a location designated by the City for storage. Thereafter, the City or the collector shall give notice to the registered owner (at the address obtained from the Department of Motor Vehicles) within three (3) business days of impoundment, by first-class mail, stating that the registered owner may remove the vehicle or solid waste container from the designated storage location upon payment of the daily impoundment fine and administration charges (the “Impoundment Notice”). Failure to mail the Impoundment Notice to the registered owner within three (3) business days of impoundment shall prohibit the City or the collector from charging more than fifteen (15) days’ impoundment fine. This Impoundment Notice requirement is not applicable where the registered owner of the vehicle or solid waste container cannot be identified. The Impoundment Notice shall contain:

i. The name, address, and telephone number of City Hall;

ii. The description of the vehicle, including, if available, the make, model, year, license plate number, and mileage;

iii. The location of the place of storage of the vehicle;

iv. The authority and purpose for the removal and impoundment of the vehicle;

v. The notice shall also inform the owner of an opportunity for a post-storage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released; and

vi. A statement that, in order to receive a post-storage hearing, the owner(s), or agents thereof, shall request a hearing in person, in writing, or by telephone within ten (10) days of the date of the notice.

(3) The post-storage hearing shall be conducted within forty-eight (48) hours of a written request for hearing, excluding weekends and holidays. Failure of the legal and registered owners, or their respective agents, to request or to attend a scheduled hearing shall satisfy the post-storage hearing requirement. If a post-storage hearing is requested, the vehicle release fee must be paid before the commencement of the post-storage hearing.

i. The City shall designate one of its own officers or employees, who is not the same person who directed the seizure of the vehicle, as the Hearing Officer to conduct the post-storage hearing.

ii. The Hearing Officer shall establish whether there are reasonable grounds for the storage of the vehicle and mitigating circumstances establishing that the vehicle should be released. If it is determined at the post-storage hearing that there are no reasonable grounds for the storage of the vehicle, the City shall be responsible for the costs incurred for towing and storage.

(4) Subject to a contrary outcome of a post-storage hearing, the impounded vehicle or solid waste container shall be released to the registered owner once the daily impoundment fine and administration charges have been paid to the City or the collector.

(d) The City or the collector shall release a vehicle or solid waste container to the registered owner, without payment of the daily impoundment fine or administration charges, under any of the following circumstances:

(1) The vehicle or solid waste container was stolen from the registered owner;

(2) The vehicle or solid waste container was subject to bailment and was driven and/or placed at a location by an employee of the business establishment, including a parking service or repair garage.

(e) After the expiration of six (6) weeks from the date of the initial impound, the City may treat the vehicle or solid waste container as lost or abandoned property.

(f) Any daily impoundment fines or administration charges collected by the collector shall be remitted by the collector to the City on a monthly basis, by the fifteenth of each calendar month, along with a report of activities and an accounting of amounts collected. (Ord. 10-1452)

*Editor’s Note: Both Ords. 10-1447 and 10-1452 added CMC 5229.2. This section as added by Ord. 10-1452 has been editorially renumbered to avoid duplication of section numbers.

Part 3. Vehicles

5230 Vehicle Identification.

No person may operate any vehicle for the collection of solid waste, or collection of recyclable materials from residential premises, other than a collector who has a valid solid waste collection franchise or permit and business license and who has paid all required license, franchise, permit or other City charges. Each vehicle used by the collector shall have an identification number printed or painted in legible numbers not less than five (5) inches in height in plain sight from four (4) directions. (Ord. 91-956, § 2; Ord. 91-959, § 1)

5231 Vehicle Standards.

Any vehicle utilized by a collector (as defined in CMC 5201(c) for the collection, transportation or disposal of solid waste and/or recyclable materials shall comply with the following standards:

(a) Each vehicle shall be constructed and used so that no solid waste, oil, grease, or other substance will blow, fall or leak out of the vehicle.

(b) A broom and shovel shall be carried on each vehicle at all times.

(d) Each vehicle must be under seven (7) years of age unless specifically authorized in writing by the City Administrator.

(e) Routine inspections by the California Highway Patrol shall be conducted annually and certificates for said inspection shall be filed annually with the City Administrator.

(f) All vehicles shall at all times be kept clean and sanitary, in good repair and well and uniformly painted to the satisfaction of the City Administrator.

(g) Each vehicle shall be equipped with watertight bodies fitted with close-fitting metal covers.

(h) The collector’s name or firm name and telephone number shall be printed or painted in legible letters not less than five (5) inches in height on both sides of all of collector’s vehicles used in the City.

(i) High intensity fog lamps shall be maintained on any vehicle eighty (80) inches or wider, which shall consist of two (2) red tail lamps in addition to the standard tail lamps. The fog lamps shall be used when visibility is less than fifty (50) feet.

(j) All equipment shall be maintained at all times in a manner to prevent unnecessary noise during its operation.

(k) As the collector replaces existing equipment, the type and make of the new equipment shall be subject to prior approval by the City Administrator. (Ord. 91-956, § 2; Ord. 91-959, § 1)

5232 Operation of Equipment.

All persons operating solid waste collection and transportation equipment shall do so in compliance with all applicable Federal, State and local laws and ordinances. Such vehicles shall not be operated in a manner which results in undue interference with normal traffic flows. No such vehicle shall be parked or left unattended on the public streets. No such vehicle shall be parked overnight on a public street or thoroughfare in the City. (Ord. 91-956, § 2)

5233 Violations.

Should the City Administrator give notification at any time to a collector that any of such collector’s vehicles is not in compliance with the standards of this Chapter, such vehicle shall be forthwith removed from service by the collector. The vehicle shall not again be utilized in the City until it has been inspected and approved by the City Administrator. The collector shall maintain its regular collection schedule regardless of such action. (Ord. 91-956, § 2)

Part 4. Exclusions

5240 Residential Householder Exclusion.

No provision of this Chapter shall prevent residential householders from collecting and disposing of occasional loads of solid waste generated in or on their residential premises, or from composting green waste, or from selling or disposing of recyclables generated in or on their residential premises. No residential householder shall employ or use any person other than the franchised residential collector to haul or transport such materials to a transfer station or landfill for a fee, charge or other consideration. (Ord. 91-956, § 2; Ord. 91-959, § 1)

5241 Gardener’s Exclusion.

No provisions of this Chapter shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of grass cuttings, prunings, and other similar material not containing garbage as an incidental portion of providing such gardening, tree trimming or similar service. (Ord. 91-956, § 2; Ord. 91-959, § 1)

5242 Commercial/Industrial Exclusions.

(a) Source Separated Recyclables.

(1) No provision of this Chapter shall prevent a commercial/industrial business owner from selling to a buyer, for a monetary or other valuable consideration, any source separated recyclables, including without limitation, any saleable scrap, discard, reject, by-product, ferrous or nonferrous metal, worn-out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a commercial/industrial premises or business and no longer useful to such commercial/industrial business but having market value, whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce, provided however, that such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration and that no such materials are transported to a landfill or transfer station (as defined in Public Resources Code Section 40200) for disposition. “Source separated recyclables” within the meaning of this Section shall mean recyclables separated on the commercial/industrial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste, and having a market value.

(2) No provision of this Chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce and who is not engaged in the business of collecting solid waste or providing solid waste collection services for a fee or other charge, or consideration, from buying any materials mentioned in this subsection (a) for a monetary or other valuable consideration and who buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200), nor shall any provision of this Chapter prevent such recycler, junk dealer or enterprise who buys such materials from removing and transporting such materials to a destination for marketing in the stream of commerce. No such buyer shall buy or transport such material without a business license issued by the City of Carson, as required by the Carson Municipal Code.

(b) Renovation, Rebuilding, Repairs. No provision of this Chapter shall prevent a commercial/industrial business owner from arranging for any worn, spent, defective or other part or equipment used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such commercial/industrial business owner, nor shall any provision of this Chapter prevent any person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing such part or equipment from transporting the same from or returning it to the commercial/industrial business or from removing, transporting or disposing of any such part of equipment replaced as a part of a repair or equipment service contract. (Ord. 91-959, § 2)

5243 Contractors’ Exclusions.

No provision of this Chapter shall prevent a licensed contractor having a contract for the demolition and/or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from having such salvageable items or demolition waste removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition and/or construction contract; provided, that such demolition waste is not transported to a transfer station or landfill. (Ord. 91-959, § 2)

5244 Document Destruction Service.

No provision of this Chapter shall prevent a confidential or sensitive document destruction service from transporting or disposing of documents by shredding, lumping, incinerating, or other means, as a part of such document destruction service. (Ord. 91-959, § 2)

Part 5. General Requirements

5250 Workers’ Compensation Insurance.

Each collector shall at all times provide, at its own expense, Workers’ Compensation Insurance coverage for all its employees. Each collector shall file and maintain a certificate or certificates with the City Administrator showing said insurance to be in full force and effect at all times that the collector conducts collection in the City. (Ord. 91-956, § 2)

5251 Collector’s Liability Insurance.

Each collector shall furnish the City a policy or certificate of comprehensive general and automobile liability insurance insuring the collector against bodily injury, property damage and automobile liability in the sum of not less than $1,000,000 single combined limit. Such insurance shall be primary and not excess, shall be procured from an insurer authorized to do business in the State of California, shall name the City of Carson and its officers, employees and agents as additional insureds and shall not be cancelled or modified without first giving the City thirty (30) days prior written notice. (Ord. 91-956, § 2)

5252 Noise.

A collector shall so conduct its operations as to cause the least possible obstruction and inconvenience to public traffic or disruption to the peace and quiet of the area within which collections are made. Noise emitting from any collection within five hundred (500) feet of residential property shall not exceed a level of seventy-five (75) decibels when measured at a distance of twenty-five (25) feet. (Ord. 91-956, § 2)

5253 Office for Inquiries and Complaints.

Every collector shall maintain an office at some fixed location and shall maintain a telephone at the office, listed in the telephone directory including Carson in the name under which it conducts business in the City, and shall at all times during the hours between 8:00 a.m. and 6:00 p.m., Monday through Friday, except holidays, have some person at said office to answer inquiries and receive complaints. The telephone number shall be a toll-free number from all portions of the City. (Ord. 91-956, § 2)

5254 Litter.

Any person who deposits or causes to be deposited any solid waste or recyclable material on the public right-of-way or on private property within public view, except in a container provided therefor as herein provided, shall immediately sweep up and remove the same.

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code. (Ord. 91-956, § 2)

5255 Transfer of Loads on Public Streets.

No person shall transfer solid waste recyclable materials from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the City Administrator, or is necessary owing to mechanical failure or accidental damage to a vehicle. (Ord. 91-956, § 2; Ord. 91-959, § 3)

5256 Unauthorized Removal from Containers.

No person other than the collector who provides collection services at the premises, or the residential householder occupying or the residential owner who owns the residential premises in or upon which a solid waste container or recyclable material container is placed at curbside for collection, or the owner or employee of the owner of the container, shall remove any material from such container. (Ord. 91-956, § 2)

Part 6. Residential Collection and Recycling

5260 Residential Collection – Mandatory Service.

Every residential householder shall utilize the services of the collector having the exclusive franchise therefor. No residential householder shall enter into an agreement for residential refuse or recyclable material collection services with a vendor other than the exclusive franchisee. (Ord. 91-956, § 2)

5261 Residential Collection – Disposal and Status of Solid Waste or Recyclable Materials.

(a) Solid Waste. All solid waste collected by a collector shall be disposed of by the collector in accordance with all Federal, State and local laws and regulations.

(b) Recyclable Material. Upon placement at the residential curbside for collection, all recyclable materials shall become the property of the collector holding the exclusive franchise for residential collection services. (Ord. 91-956, § 2)

5262 Residential Collection – Frequency and Hours of Collection.

(a) Frequency. The residential collector shall collect all solid waste and recyclable materials placed for collection in compliance with this Chapter from each occupied residential premises in accordance with a schedule which has been approved by the City Administrator. Said schedule shall identify the routes and days of pickup within each collection district set up within the City. Unless otherwise approved by the City Council, collection of solid waste shall take place no less than once in each calendar week. Collection of recyclable materials shall take place no less than once in each calendar week. Not more than seven (7) days shall elapse between solid waste collections, nor between recyclable material collections.

When the collection day falls on a holiday, the collector shall choose one (1) of the following options:

(1) Collect on the holiday.

(2) Collect one (1) day prior to or one (1) day after the holiday, providing regular weekly collection can be maintained as provided in the first paragraph of this Section.

(b) Hours. No collection shall take place between the hours of 6:00 p.m. and 7:00 a.m. on the next day. No collection shall be made on Sunday unless specifically authorized in writing by the City Administrator. Hours and days of collection are subject to change by the City Council. (Ord. 91-956, § 2)

5263 Residential Collection – Solid Waste Containers.

Every residential householder shall provide sufficient standard residential refuse containers (with handles) to accommodate the amount of solid waste generated by the residential premises. Such container shall be the property of the residential householder. Notwithstanding the foregoing, and subject to written approval of the City Administrator, the collector may provide substitute containers at no extra cost to the residential householder. Such container shall be the property of the collector. No cardboard box or paper bag may be used as a container for solid waste.

Any solid waste not susceptible to placement in a standard residential refuse container may be placed for collection at the same place and time as the container if it is securely tied in bundles not heavier than sixty (60) pounds, not longer than four (4) feet in length, nor more than eighteen (18) inches in diameter. (Ord. 91-956, § 2)

5264 Residential Collection – Recyclable Materials Containers.

The collector shall provide each residential premises with one (1) recycling container, at no cost to the residential householder. If one (1) recycling container is inadequate, the collector shall provide a second recycling container for each residential premises, at no cost to the residential householder. Such containers shall be the property of the collector. (Ord. 91-956, § 2)

5265 Residential Collection – Placement of Containers.

Every residential householder shall place each solid waste container, recycling container or bundle for collection at the curb in front of the premises, or at the curb at the side of the premises where the premises are adjacent to more than one (1) street. When the premises are adjacent to a paved alley with a minimum width of fifteen (15) feet, the residential householder shall place the container or bundle within two (2) feet of the rear property line for collection. No person shall place such containers or bundles for collection prior to 6:00 p.m. on the day prior to the day on which collection is scheduled to commence in the district. No person shall leave such containers or bundles at the place of collection after 10:00 p.m. on the day of collection in the district. (Ord. 91-956, § 2; Ord. 97-1108, § 2)

5266 Residential Collection – Care of Containers.

Upon collection, all solid waste containers shall be replaced, by the collector, upright, where found, with the lids replaced, and all recycling containers shall be replaced in an upright or upside down position, at the location where found by the collector. (Ord. 91-956, § 2)

5267 Residential Collection – Special Collections.

The exclusive residential collector shall provide, upon request from a residential householder, special collection of solid waste, at such times and at such rates as may be agreed upon by the collector and the person requesting the service. In the event that no such agreement is reached, such charges and times shall be determined by the City Administrator, and such special collections shall be provided as determined by the City Administrator. (Ord. 91-956, § 2)

Part 7. Commercial/Industrial Collection

5270 Commercial/Industrial Exclusive Franchise.

All solid waste collected from commercial/industrial premises for a fee, service charge, or other consideration shall be collected by a solid waste collection enterprise with an exclusive franchise granted by the City Council (“franchised collector”), subject only to certain limited continuation rights of certain qualified collectors under Public Resources Code Sections 49520 and 49521 as hereinafter provided. No person, firm, corporation or other solid waste enterprise shall negotiate or contract for, undertake to receive, collect or transport solid waste from within the City for a fee, service charge, or other consideration, or receive directly or indirectly any such fee, service charge, or other consideration therefor, except only as hereinafter specifically provided.

Except as otherwise provided in this Chapter, each commercial/industrial business owner shall utilize the services of the franchised collector for the collection of solid waste from the commercial/industrial premises held or occupied by said commercial/industrial business owner and shall pay for such services the fees approved by the City Council. No commercial/industrial business owner shall enter into an agreement for solid waste collection services with any person, firm, or corporation other than the franchised collector, except as otherwise provided in this Chapter. Nothing in this Chapter shall prevent a commercial/industrial business which has its own recycling or resource recovery program for recyclable materials generated by such business and not utilizing a commercial or industrial solid waste enterprise (as defined in Public Resources Code Section 40193) which provides collection services for a fee, service charge, or other consideration, from continuing such recycling or resource recovery program and the recyclable materials included in such program are excepted from the exclusive franchise between the City and the franchised collector.

Notwithstanding the foregoing, certain solid waste enterprises that have been authorized by license or permit to provide solid waste hauling services for commercial/industrial premises in the City and have provided such services for more than three (3) previous years and meet the requirements of Public Resources Code Sections 49520 and 49521, may continue to provide these services until March 1, 1996. Such solid waste enterprises are hereinafter referred to as “excepted collectors.” The exclusive franchise of the franchised collector shall not preclude a commercial/industrial business served by such an excepted collector from continuing to use the solid waste collection services of such excepted collector until March 1, 1996, or until the business of such excepted collector terminates prior to such date. Notwithstanding the foregoing, if collection service provided by an excepted collector to a commercial/industrial trial business owner is terminated for any reason, said business owner shall not use the service of any collector other than the franchised collector. (Ord. 91-956, § 2; Ord. 91-959, § 3)

5271 Commercial/Industrial – Disposal and Status of Solid Waste.

Commercial/industrial collectors shall collect and dispose of all solid waste generated and presented for collection at each commercial/industrial premises in conformity with the provisions of this Chapter, except as otherwise provided in this Chapter. Any such collection and/or disposal shall be in accordance with all applicable Federal, State, and local laws and regulations and any controlling franchise agreement between the City and a franchisee. All solid waste collected by a commercial/industrial collector shall be the exclusive property of said collector. (Ord. 91-956, § 2)

5272 Commercial/Industrial – Frequency and Hours of Collection.

(a) Frequency. Commercial/industrial collectors shall collect solid waste from commercial/industrial premises on a schedule which is agreed upon between the commercial/industrial business owner and the collector. In no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to public health or safety.

(b) Hours. No collection of solid waste from multiple housing or within five hundred (500) feet of occupied residential property shall be made between the hours of 6:00 p.m. and 7:00 a.m. on the next day. No collection shall be made on Sunday unless specifically authorized in writing by the City Administrator. Hours and days of collection are subject to change by the City Council. (Ord. 91-956, § 2)

5273 Commercial/Industrial – Containers.

Every commercial/industrial business served by the franchised collector shall have the option to: (i) provide the necessary standard refuse container or containers to accommodate solid waste generated from said commercial/industrial business; (ii) to use the container or containers provided by the franchised collector. Any such refuse containers shall be a standard refuse container which is compatible with the franchised collector’s collection equipment. Where a commercial/industrial business owner is served by an excepted collector, such excepted collector and business owner shall determine who furnishes the container by private agreement between them.

Every collector who provides any container or other equipment used for the storage of commercial/industrial trial solid waste shall:

(a) Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one (1) inch in height said collector’s name or firm name, and telephone number, in a color contrasting to the background color of the container; and

(b) Provide containers on casters and/or hasps or locks upon request by the commercial/industrial business owner or the City Administrator. (Ord. 91-956, § 2)

5274 Commercial/Industrial – Maintenance and Placement of Containers.

Solid waste containers provided by the collector shall be maintained in a clean and healthful condition by the collector. Solid waste containers which are not provided by the collector shall be maintained in a clean and healthful condition by the commercial/industrial business owner. Every commercial/industrial business owner shall provide a solid waste container location on the commercial/industrial premises and shall keep said area in good repair, clean and free of refuse outside of the container. Every collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the collector’s emptying of the container or other activities of the collector. (Ord. 91-956, § 2)

5275 Commercial/Industrial – Care of Containers.

Upon collection of solid waste by the collector, all containers shall be replaced, upright, where found, with the lids closed. No person other than the owner thereof shall in any way, break, damage, roughly handle or destroy containers owned by said commercial/industrial business owner. (Ord. 91-956, § 2; Ord. 91-959, § 3)

5276 Commercial/Industrial – Special Circumstances.

If particular commercial/industrial business premises require collections at times, frequencies or in a manner such that the franchised collector is unable to perform said collection in the normal course of business, or where unusual quantities of solid waste or special types of material are to be collected and disposed of, or where special methods of handling are required, or where the quantity of solid waste requires the use of multiple (more than three (3)) containers, the collector and the commercial/industrial business owner may make arrangements for such collection and rates on mutually agreeable terms. In the event that the business owner and the franchised collector do not agree as to the methods and rates for the service provided for in this Section, the City Administrator shall determine the rates and method of service. If the franchised collector is unable or unwilling to provide such service, the City Administrator may authorize the business owner to use another contractor for such special service until the franchised collector can provide such service in its normal course of business. (Ord. 91-956, § 2; Ord. 91-959, § 3)