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A. Procedure and required information for salvage operations. The applicant shall file a letter with the City Manager, executed under penalty of perjury of the laws of the state of California, containing the following information:
1. Name and description of the applicant;
2. Permanent business address and address of local office of the applicant;
3. Trade and firm name;
4. If a joint venture or a partnership or limited partnership, the names of all partners of the firm, and the names of the officers and their percentage or participation interest and their permanent addresses;
5. Facts indicating that the applicant has arranged for disposition of recyclable materials as required by this chapter;
6. Desired collection area to be served and type of service to be provided;
7. Facts indicating that applicant is qualified to render efficient salvage collection service;
8. Facts indicating that trucks and equipment conform to all applicable provisions of this chapter;
9. Satisfactory evidence that applicant is in existence as a going concern and that the principals thereof possess not less than two (2) years actual operating experience in salvage operations;
10. Satisfactory evidence that applicant's experience as a going concern in salvage operations derives from operations of comparable size to that contemplated by the applicant; details shall include length of other contracts, name and size of municipality, nature of service provided, and the name of the contact person at the municipality being served;
11. Evidence that applicant is in good standing in the state of California and, in the case of a corporation organized under the laws of any other state, evidence that applicant is licensed to do business in the state of California;
12. A detailed inventory of the applicant's equipment available for salvage operations;
13. A written statement that applicant has complied, or is capable of complying, with all regulations imposed by the city, the county of Orange and the state of California for salvage operations;
14. Facts indicating that the applicant owns or has under his or her control, in good mechanical condition, sufficient equipment to conduct the business of salvage adequately if granted a permit, and that applicant owns or has access to suitable facilities for maintaining his or her equipment in a safe, clean and sanitary condition.
15. Such other pertinent facts or information as the City Manager may require, including evidence of state certification, if applicable.
16. Any of the above provisions in conflict with certification requirements imposed by state law shall not be required.
B. Fees and requirements for permit.
1. Upon consideration of the information supplied by the applicant contained in the above-mentioned letter, and verification thereof, the City Manager shall issue a permit.
2. Each permit granted shall apply to salvage for an area of or premises within the city specified therein.
3. A fee for processing salvage permit applications shall be set by resolution of the City Council, with review on an annual basis.
C. Indemnification by permittee.
1. Indemnification of city. Permittee shall agree to protect, defend with counsel approved by city, indemnify and hold harmless the city, its elected and appointed officials, officers, employees and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including attorneys fees, arising out of or resulting in any way from permittee's exercise of its responsibilities under this chapter, unless such claim is due to the sole negligence or willful acts of the city, its officers, employees, agents or contractors, or from the city's grant of a permit to permittee. Subject to the scope of this indemnification and upon demand of the city, made by and through the City Attorney, the permittee shall appear in and defend the city and its officers, employees and agents in any claims or actions, whether judicial, administrative or otherwise arising out of the exercise of this chapter.
2. Hazardous substances indemnification. Permittee shall indemnify, defend with counsel approved by the city, protect and hold harmless the city, its elected and appointed officials, officers, employees, agents, assigns and any successor or successors to the city's interest from and against all claims, actual damages (including, but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against the city or its officers, employees, agents or permittee arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where permittee stores or disposes of municipal solid waste pursuant to this chapter. The foregoing indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, “CERCLA,” 42 USC § 9607(e) and Cal Health and Safety Code § 25364, to insure, protect, hold harmless and indemnify the city from liability.
D. Liability insurance. The permittee shall obtain, and keep in force during the term of the permit, public liability and bodily injury insurance in amounts determined by the City Council, and workers' compensation insurance covering all employees of the permittee. Copies of such policies, or endorsements evidencing such policies, shall be filed with the City Clerk prior to the commencement of activities authorized by the permit. The city and its officers, elected officials, employees and agents shall be named as additional insureds on all such policies. All such policies shall contain at a minimum a provision requiring a thirty (30) day notice to be given to the city prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the Council.
E. Compliance with federal, state and local laws and regulations. The permittee shall agree to perform under the terms of the permit in such a manner so as to comply with all applicable local and state laws and regulations pertaining to the collection, storage and transportation of solid waste. The permittee shall also comply with all other ordinances and regulations of the city and applicable laws and regulations of the county of Orange, state of California and the United States, and shall obtain and keep in force all required permits and business licenses throughout the life of the permit and all renewals thereof.
F. Fees and charges. Salvagers shall not be required to obtain city consent for the fees and charges imposed or otherwise agreed upon between such permittees and their customers.
(Ord. 990, passed 7-23-96)
A. Fees. Any permit issued pursuant to this chapter shall provide for the payment of permit fees to the city, may contain additional provisions agreed to by and between the city and permittee, and shall constitute a written agreement of said parties.
B. Assignment or transfer of permit. No assignment or transfer of a permit issued pursuant to this chapter or any right accruing under such permit shall be made in whole or in part by the permittee without the express consent of the Council with regard to a refuse collector permit or the City Manager for a salvager permit. In the event any assignment or transfer is authorized hereunder, the assignee shall assume, without qualification, the liability and all other obligations of the permittee. Each permittee shall file, on or before July 1 of each calendar year, with the City Clerk, a statement of ownership and shall verify the same as being true and correct under penalty of perjury under the laws of the state of California.
C. Revocation.
1. A permit may be revoked at the option of the Council in the event there is a change of ownership of any kind or nature of the operating company, unless approval therefor has been obtained hereunder. If it is determined by the City Manager that permittee has not complied with the provisions of this chapter the permit, and all other applicable statutes, ordinances, rules and regulations, the City Manager shall notify the permittee in writing of noncompliance and shall order compliance within thirty (30) days.
2. If noncompliance is not corrected within the above-prescribed thirty (30) day period, the City Council, following a public hearing upon at least ten (10) days prior written notice to the permittee, may terminate the permit. The City Council's decision shall be final.
(Ord. 990, passed 7-23-96)
A. Collection charge. A charge for the collection of solid waste, green waste and recyclables shall be imposed on the owner or occupant of each residential unit or commercial premises to which service is made available. The amount of such charge shall be fixed and changed from time to time and shall be collected at such time and in such manner as prescribed by the City Council. The charge so fixed shall be a civil debt due and owing to the city or permittee from the owner or occupant of the residential unit or commercial premises to which the service is made available. The City Council hereby specifically finds and determines that the periodic collection of solid waste, green waste and recyclables from all residential units and commercial premises benefits all occupants and residents of the city, provides for the health, safety and welfare of all persons in the city and, therefore, all such occupants or owners are liable for the payment of collection service provided for hereunder, whether or not any such owner or occupant avails himself or herself of such collection service.
B. Rate adjustments. All revisions in charges levied must be submitted to the City Council for review and action and must be approved by resolution of the City Council following a public hearing upon at least ten (10) days prior written notice to the permittee.
(Ord. 990, passed 7-23-96)
Refuse collectors shall:
A. Provide an original and any replacement recyclable materials receptacle(s) to each customer. The receptacle(s) shall be a rigid plastic bin, container, or bucket or bag of sufficient strength to contain the recyclable materials and/or green waste, shall be approved by the City Council, and not cause health or safety hazards to customers or refuse collector personnel. The receptacle(s) shall be provided without charge and remain the refuse collector's property.
B. Collect recyclable material and/or green waste at least once a week, on the same day, and during the hours specified for regular solid waste collection. No alternate collection schedule is permitted unless approved in writing by the City Manager. Refuse collectors may collect the receptacles therefor in the same manner as regular solid waste collection.
C. Provide recyclable material and/or green waste collection services to each location within the area(s) that the refuse collector serves for regular solid waste collection. Such service shall be provided at nondiscriminatory rates approved by the City Council.
(Ord. 990, passed 7-23-96)
Upon issuance of a permit hereunder, the permittee shall submit:
A. Annual reports. The permittee shall prepare and submit an annual report, using a tabular and/or graphic format, or other commonly used data base management program (e.g., LOTUS 1-2-3, Excel, etc.) as approved by the city, within sixty (60) days after the close of each calendar year. The report shall include, but is not limited to, the following information:
1. A summary of the previous year's (or, in the case of the initial report year, the initial year's) activities including, but not limited to, services begun or discontinued during the reporting year, and the number of customers for each class of service;
2. A report, in a form satisfactory to the city, on the city's progress in meeting and maintaining its ability to meet its goals under the Act as applied to the permittee's service area, along with any recommended changes.
3. A revenue statement, setting forth quarterly compliance fees, and the basis for the calculation thereof, certified for accuracy, under penalty of perjury under the laws of the state by an officer of the permittee.
B. Monthly reports. Permittee shall prepare monthly reports, using a tabular and/or graphic format or other commonly used data base management program (e.g., LOTUS 1-2-3, Excel, etc.) as approved by the city, during the term of the permit. Monthly reports shall be submitted to the city on a quarterly basis, within twenty (20) days from the end of the quarter. At a minimum, the reports shall include:
1. Summaries of tonnage collected and disposed of by generator type, disposal facility used and disposal fees paid.
2. Summaries of tonnage of recyclable material collected, by material, and green waste by route.
3. Summaries of tonnages of non-recyclables and contaminants disposed.
4. Summaries of tonnages, using an approved sampling methodology, of each material sold or otherwise exchanged for processing, by material type.
5. Average market prices for each material sold, and processing charges or acceptance fees for green waste or other applicable materials.
6. Participation rates for each route in terms of set out counts and average pounds collected per customer.
7. Description of progress in meeting the implementation schedule, including the problems encountered and how they were resolved.
8. Summaries of the number of service complaints by route, including the date, nature of complaint, and how it was resolved.
C. Ad hoc reports. Permittee shall provide up to six (6) reports of varying detail and format, as specifically requested by the city, to meet unforeseeable information queries of the California Integrated Waste Management Board, Orange County integrated Waste Management Task Force, or other public agencies.
(Ord. 990, passed 7-23-96)
Permittee shall provide the city two (2) copies of all reports, or other material adversely affecting the permit, submitted by permittee to the EPA, the California Integrated Waste Management Board or any other federal or state agency. Copies shall be submitted to the city simultaneously with permittee's filing of such matters with said agencies. Permittee's routine correspondence to said agencies need not be automatically submitted to the city, but shall be made available to the city upon written request.
A. Permittee shall submit to the city copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by the permittee to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other govern-mental bodies relating specifically to permittee's performance of services pursuant to the permit. Any confidential data exempt from public disclosure shall be retained in confidence by the city and its authorized agents and shall not be made available for public inspection.
B. Permittee shall submit to the city such other information or reports in such forms and at such times as the city may reasonably request or require.
C. All reports and records required under this or any other section shall be furnished at the sole expense of the permittee.
D. A copy of each permittee's annual and other periodic public financial reports and those of its parent, subsidiary and affiliated corporations and other entities, as the city requests, shall be submitted to the city within thirty (30) days after receipt of a request.
(Ord. 990, passed 7-23-96)
The refusal, failure or neglect of the permittee to file any of the reports required, or the inclusion of any materially false or misleading statement or representation made knowingly by the permittee in such report shall be deemed a material default under the permit, and shall subject the permittee to all remedies, legal or equitable, which are available to the city under the permit or otherwise.
(Ord. 990, passed 7-23-96)
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