(A) The City Council may award one or more franchises, permits, licenses or other forms of authorization (collectively "licenses") for the collection of solid wastes, including recyclable solid wastes and/or green waste, from commercial premises in the city. Any such license shall be granted by the City Council by resolution, upon a determination that the public health, safety and well-being so require.
(B) The license shall be granted on such terms and conditions as the City Council shall establish in its sole discretion, as matters of local concern. At a minimum, the license shall be in writing, naming the licensee, and shall provide as follows:
(1) The licensee shall comply with the provisions of this chapter; and,
(2) The licensee shall be required to protect, defend, indemnify and hold the city harmless from liability, including, specifically, liability under the Resource Conservation and Recovery Act of 1976 ("RCRA") (42 U.S.C. §§ 6901 et seq.) and the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq., as they may be amended from time to time and all regulations implementing these acts, on terms satisfactory to the city; and
(3) The licensee shall be required to cooperate with city in Solid Waste Disposal Characterization Studies or other waste stream audits, to submit information required by city to meet the reporting requirements of AB 939 and to implement measures consistent with the city's Source Reduction and Recycling Element in order for the city to reach the diversion goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended from time to time.
(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)