Chapter 8.34
COLLECTION OF RECYCLABLES
Sections:
8.34.020 Collection – Provision.
8.34.030 Collection – Contract – City to enter.
8.34.040 Collection – Contract – Exclusive.
8.34.045 Educational and promotional services.
8.34.050 Collection – Contract – Use of contractor’s services required.
8.34.060 Collection – Contract – Bonds and insurance.
8.34.070 Collection – Contract – Termination – Grounds.
8.34.080 Collection – Contract – Termination – Hearing.
8.34.090 Collection – Hauling requirements.
8.34.100 Collection – Frequency.
8.34.110 Property maintenance.
8.34.130 Container – User required.
8.34.150 Yard trimmings – Bundles.
8.34.160 Container – Area to be kept clean.
8.34.170 Container – Location.
8.34.180 Container – Inspection.
8.34.200 Removal of refuse and dangerous materials.
8.34.210 Rates and charges – Classification of services.
8.34.220 Rates and charges – Adopted by resolution.
8.34.240 Hearing upon appeal or complaint of unreasonable charges.
8.34.010 Definitions.
A. In this chapter, unless the context otherwise requires, the following terms shall be defined as follows:
1. "Authorized recycling agent" means a person that the city authorizes or contracts with to collect its recyclable waste material as defined by Government Code Section 66710.5.
2. "Contractor" means an agent or employee of the city, or a person with whom the city contracts to collect and dispose of recyclables produced in the city.
3. "Department of public health" means the department of public health of Solano County.
4. "Person" means an individual, firm, association, public or private corporation, or public agency.
5. "Place" means public or private land, building, site, public or private drainage ditch, or public or private road in the city.
6. "Recyclables" means all items designated by the city to be collected within designated recycling collection containers during residential curbside recycling programs, including glass, plastic, tin, aluminum cans and newspapers; and all items designated by the city as commercial and industrial recyclables, including wood, sawdust, glass, cardboard, aluminum, plastic and paper. Household hazardous waste collected during collection programs may also be recycled when appropriate. "Recyclables" do not include waste items defined as "refuse" by BMC 8.24.010(A)(9). Recyclables shall be collected for the purpose of recycling as defined by Government Code Section 66716.5.
7. "Yard trimmings" means and includes organic material from trees, shrubs, grass and similar vegetation. Yard trimmings may also be designated as recyclables by the city.
B. The city council may add or delete substances to be included or excluded from the definitions contained in subsections (A)(6) and (A)(7) of this section. All additions or deletions shall be deemed included within the terms and conditions of any existing collection or disposal contract with the city without further action by the council. (Ord. 90-13 N.S. § 1, 1990).
8.34.020 Collection – Provision.
The city may provide for the collection and disposal of recyclables accumulated inside the city by granting to a qualified person the privilege of doing so, who shall be the authorized recycling agent for the city. The privilege granted by the city may be either exclusive or nonexclusive, and may relate to all or a portion of the area within the city and may relate to all of such substances or to any one or more of said substances. The privilege granted may be limited to single-family residences, excluding all other producers of recyclables, or both single-family residences and multifamily residences, excluding all other producers of recyclables. (Ord. 90-13 N.S. § 1, 1990).
8.34.030 Collection – Contract – City to enter.
If the city grants a privilege for the collection and removal of recyclables, it shall enter into a contract with the contractor, which contract shall be approved by resolution of the city council. Said contract shall provide that the collected recyclables shall be disposed of in a manner that will reasonably assure their reuse as reprocessed useable products and that said recyclables shall not be disposed of as refuse; provided, that the city manager may waive this requirement if there is substantial evidence that no market exists for the reuse as a specific collected recyclable. (Ord. 90-13 N.S. § 1, 1990).
8.34.040 Collection – Contract – Exclusive.
The city council may enter into an exclusive contract with a person for the collection and removal of recyclables from within the city. The exclusive contract may provide that the contractor may collect a recyclable collection charge ("recyclable collection rate") as compensation for the cost of providing the curbside recycling service. If the contractor also has entered into a refuse collection contract with the city pursuant to Chapter 8.24 BMC, the recyclable collection rate may be collected by the contractor as a surcharge on the refuse collection rate provided for in any refuse contract. (Ord. 90-13 N.S. § 1, 1990).
8.34.045 Educational and promotional services.
The city may require the contractor to provide community educational and promotional services for the recycling program. The city may also enter into a contract for additional community educational and promotional services with another contractor. (Ord. 90-13 N.S. § 1, 1990).
8.34.050 Collection – Contract – Use of contractor’s services required.
If the city enters into an exclusive contract, it is mandatory for every person in the city, who under the terms of the contract receives curbside recycling service, to pay the rate for the service offered by the contractor, whether or not the service is used by the resident. (Ord. 90-13 N.S. § 1, 1990).
8.34.060 Collection – Contract – Bonds and insurance.
A. The contractor shall furnish a bond in the amount of $50,000 in favor of the city conditioned upon the faithful performance by him of the duties imposed by ordinance, contract and the rules and regulations of the city. The contractor shall obtain and keep in force for the period covered by the contract:
1. Public liability insurance in an amount not less than $5,000,000 for the death or injury of one person and $5,000,000 for the death or injury of more than one person;
2. Property damage insurance in the amount of not less than $5,000,000 upon each of the vehicles used in carrying out the contract; and
3. Extended liability coverage insuring against the acts of the contractor’s officers, employees and agents while acting in the course and scope of their employment with the contractor under the franchise with the city.
B. The contractor shall also furnish workman’s compensation insurance and such other insurance as the city council may require. All such liability insurance obtained by the contractor shall also cover the city, its officers, agents and employees. (Ord. 90-13 N.S. § 1, 1990).
8.34.070 Collection – Contract – Termination – Grounds.
The city may terminate a contract entered into under this chapter and revoke the privilege granted by it if the contractor violates the contract, this chapter or a rule or regulation of the city. (Ord. 90-13 N.S. § 1, 1990).
8.34.080 Collection – Contract – Termination – Hearing.
Before terminating a contract under BMC 8.34.070, the city council shall notify the contractor of the violation, default or breach, and give the contractor 10 days from the date of such notice to cure the same. If the contractor fails to cease the violation or if the contractor is guilty of the same or a similar violation within any calendar year, or cure the default or breach after being so notified by the city, the city shall give the contractor at least 20 days’ notice of a hearing. The hearing conducted by the city council shall commence on the date stated in the notice and may be continued from day to day thereafter until completed and the city council shall hear any and all relevant evidence, and after the hearing has been completed, and the matter submitted, if the council finds that the contractor has violated (A) the contract, or (B) this chapter, or a rule or regulation of the city applicable to the contractor, and has failed to cure the defect pursuant to the written notice previously served upon the contractor, the city council may terminate the contract. (Ord. 90-13 N.S. § 1, 1990).
8.34.090 Collection – Hauling requirements.
Recyclables conveyed on streets in the city shall be hauled in an all-metal, watertight-bodied motor truck, and in a manner so that the contents do not sift through or fall upon the street and do not blow upon the street or adjacent property. The truck body shall be constructed of metal of sufficient strength to withstand fire within, without endangering persons or property. The truck body in which recyclables are regularly hauled shall be washed at least once each week. Each truck shall be equipped with a covering drawn over the load as completed to full depth. Recyclables in the truck shall be completely covered between the point of collection and the point of disposal; that insofar as is practicable, these requirements shall apply to recyclables conveyed on streets in the city. (Ord. 90-13 N.S. § 1, 1990).
8.34.100 Collection – Frequency.
Recyclables shall be collected at least once every other week; provided, that the city may contract for more frequent service. (Ord. 90-13 N.S. § 1, 1990).
8.34.110 Property maintenance.
Each property owner shall maintain his property free of recyclables. (Ord. 90-13 N.S. § 1, 1990).
8.34.130 Container – User required.
Every person who has charge or control of a place where recyclables are accumulated shall provide a suitable and sufficient recyclable container. In the event that the city enters into a recycling collection contract and the contractor is required to provide containers, then recyclables shall be placed in the provided containers. (Ord. 90-13 N.S. § 1, 1990).
8.34.150 Yard trimmings – Bundles.
A person having control of a place where yard trimmings accumulate may place such yard trimmings in bundles weighing not more than 60 pounds and not more than four feet in length. Such bundles shall be at all times located not more than 10 feet from the recyclable container required under BMC 8.34.130. (Ord. 90-13 N.S. § 1, 1990).
8.34.160 Container – Area to be kept clean.
Each person who has a recyclable container shall keep the area where the recyclable container is located clean and free of recyclables. (Ord. 90-13 N.S. § 1, 1990).
8.34.170 Container – Location.
Recyclable containers and bundles shall be placed for collection at ground level on the property at curbside of a street or alley. (Ord. 90-13 N.S. § 1, 1990).
8.34.180 Container – Inspection.
The department of public health shall see that recyclable containers are kept clean and sanitary and shall inspect the vehicles used in the collection and disposal of recyclables and see that they are kept clean and sanitary. The department of public health is responsible for the enforcement of the provisions of this chapter, all other health ordinances of the city and the health laws of the state. (Ord. 90-13 N.S. § 1, 1990).
8.34.190 Storage prohibited.
No person may keep or dispose of recyclables in a manner or upon any place which affords food or harborage for rodents or insects, or which causes a public nuisance or public health hazard, or in a manner which violates this chapter. (Ord. 90-13 N.S. § 1, 1990).
8.34.200 Removal of refuse and dangerous materials.
A. Refuse shall not be placed in containers used for regular collection of recyclables, but shall be disposed of pursuant to Chapter 8.24 BMC.
B. Highly inflammable or explosive materials shall not be placed in containers used for regular collection of recyclables but shall be disposed of pursuant to Chapter 8.24 BMC.
C. Paper or any other material which may be otherwise recyclable, removed from a place where highly infectious or contagious disease has prevailed shall not be placed in containers used for regular collection of recyclables, but shall be disposed of pursuant to Chapter 8.24 BMC. (Ord. 90-13 N.S. § 1, 1990).
8.34.210 Rates and charges – Classification of services.
A. For the purpose of rates, recyclable collection service is classified as:
1. Single-family residential;
2. Multifamily residential; and
3. Commercial.
B. "Single-family residential" means a single-family dwelling. "Multifamily residential" includes dwellings with two or more individual living units. "Commercial" includes business and commercial establishments and all other types of premises except single-family and multifamily residential. (Ord. 90-13 N.S. § 1, 1990).
8.34.220 Rates and charges – Adopted by resolution.
A. A person from whom recyclables are collected by the city or its contractor and whose rate is regulated by the city council shall pay monthly fees for recyclable collection service, which fees shall be adopted by the city council by resolution in the amounts stated therein. The rates adopted by the city council may be a single fee for all classes of users or a fee for each class of users, such as one fee for single-family residential users and another fee for the owners of multifamily residential property. Notwithstanding the provisions of this subsection, a recyclable collection contract may provide for an automatic annual increase tied to cost-of-living index increases, and said annual increase, if any, shall not require the approval of the city council.
B. Notwithstanding that rates are fixed by resolution of the city council, any approved recyclable contract shall provide that rates may be changed by the city. Any change by the city council of the rate stated in any such contract shall become the contract rate within 30 days after the adoption of said rate change. (Ord. 90-13 N.S. § 1, 1990).
8.34.240 Hearing upon appeal or complaint of unreasonable charges.
A person complaining that a charge for collection is unreasonable shall file a written complaint or appeal with the city manager setting forth the basis of the complaint and the factual grounds for the same. The city manager shall notify the contractor in writing of the complaint or appeal filed and furnish the contractor with a copy of the complaint. The city manager shall investigate the matter of the complaint or appeal, and if either party requests, the city manager or his or her designee may conduct a hearing to determine the reasonableness of a charge in the complaint or appeal. After the city manager has made a determination, either the contractor or the complainant or both may appeal the decision of the city manager or the designee to the city council, and the city council may, with or without a hearing, make a finding and decision which shall be final as to both the contractor and the complainant or appellant. (Ord. 90-13 N.S. § 1, 1990).