(A) Self-haulers who obtain a permit from city, and are operating in accordance with this chapter are only permitted to collect, transport and dispose of solid waste generated by and upon the self hauler's own premises. Under no circumstances may a self hauler collect, transport or dispose of solid wastes generated upon premises that are not owned, operated or controlled by the self hauler. Notwithstanding any other provision of this chapter, permitted self haulers shall not share, place solid waste in, or otherwise use the bin, cart, rolloff box, or other container of another person or business.
(B) Registration. All self haulers shall apply for and receive a permit to operate as a self hauler from the city and shall comply with the following:
(1) Each self hauler shall obtain a permit from the City Manager, and such permit shall be renewed on an annual basis.
(2) Each permit application, whether upon initial application or renewal, shall include the following: (i) a list of all bins, carts, rolloff boxes and other containers to be used by the self hauler; (ii) a list of all transport and disposal equipment to be used by the self hauler; (iii) a written explanation of where all solid waste will be delivered for disposal and diversion; (iv) a written plan explaining to the reasonable satisfaction of the City Manager how not less than 50% of solid waste collected will be diverted from disposal in compliance with AB 939;(v) a written plan explaining to the reasonable satisfaction of the City Manager how compliance with the requirement to divert organic waste, in accordance with applicable laws including 14 Cal. Code of Regulations, Div. 7, Chapter 12, § 18988.3 will be achieved; and (vi) any other information deemed necessary by the City Manager to ensure protection of public health, safety and sanitary needs.
(3) Permit renewal applications shall additionally include: (i) receipts from self hauling activities undertaken in the prior year demonstrating that the applicant has effectively diverted at least 50% of all solid waste generated at its premises from landfills in a manner that complies with the requirements of AB 939; (ii) records reasonably satisfactory to the City Manager demonstrating the manner in which organic waste was diverted from landfills in accordance with applicable laws including 14 Cal. Code of Regulations, Div. 7, Chapter 12, § 18988.3; and (iii) receipts from self hauling activities undertaken in the prior year demonstrating that the applicant has delivered solid waste generated at its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self hauler by the City Manager.
(4) The City Manager shall approve the application, and issue a self hauler permit, if the application meets the requirements of this section, and if the equipment, containers, diversion plan and disposal plan meet with his reasonable satisfaction, and if evidence of past diversion and disposal requirements demonstrate the applicant has complied with the 50% diversion requirement and otherwise complied with all laws related to disposal, recycling and diversion of solid waste, including without limitation the diversion of organic waste.
(C) Containers. Each self hauler shall provided its own bins, carts, rolloff boxes or other containers. Bins, carts, rolloff boxes or other containers utilized by a self hauler must conform to industry standards for solid waste disposal, comply with all laws and regulations, and must be approved by the City Manager in writing prior to issuance of a self hauler permit. In addition, any containers utilized by a self hauler shall comply with the following requirements:
(1) All containers shall be maintained in good repair, and any question as to the meaning of this standard shall be resolved by the City Manager.
(2) All containers shall be maintained in a sealed, watertight condition;
(3) Self haulers shall remove any graffiti that appears on containers within 24 hours after becoming aware of it.
(D) Collection and transport equipment. Collection and transport equipment, including but not limited to transport trucks and vehicles, utilized by a self hauler must be approved by the City Manager in writing prior to issuance of a self hauler permit.
(E) Non-commercial venture. It is the intent of this chapter to prevent and proscribe self hauling activities undertaken as a commercial enterprise. Self haulers must obtain all equipment, including containers and collection and transportation equipment, at a fair market value that does not include any hauling services, "free" or otherwise. A self hauler may utilize its own employees to undertake self hauling activities, but under no circumstance may a self hauler utilize an independent contractor or any other person or entity for solid waste handling services other than a franchisee.
(F) Other recycling obligations. Self haulers shall recycle all recyclable materials not otherwise addressed by this section to a degree and in a manner consistent with standards generally applicable to the solid waste industry and as required by state law or regulation.
(G) Collection frequency. Self haulers shall remove solid waste from their premises at least once per week. However, upon application to the City Manager to obtain (or renew) a self hauler permit, the City Manager may determine a different frequency for solid waste collection, transport and disposal from the self hauler's premises. This determination shall be based upon the nature of the premises, the type of solid waste generated by the premises, and the collection capacity of the self hauler as demonstrated by information in the application.
(H) Hazardous and special wastes. Unless lawfully and currently licensed under state, federal and local laws, no self hauler shall engage in the collection, transport or disposal of hazardous waste or special wastes.
(I) Revocation. The City Manager may revoke a self hauler permit if the permittee (i) fails to divert at least 50% of all solid waste generated at its premises from landfills in a manner that complies with the requirements of AB 939; (ii) fails to divert organic waste from disposal in accordance with applicable laws including 14 Cal. Code of Regulations, Div. 7, Chapter 12, § 18988.3; (iii) fails to deliver solid waste generated at its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self hauler by the City Manager; or (iv) fails to comply with the provisions of this chapter or its permit. The City Manager shall notify any permittee in writing of the decision to revoke its permit, and the basis therefore, and the permittee may appeal any such decision within 15 days of the date of such notice being issued by requesting an administrative hearing in the same manner applicable to administrative citations set forth in Chapter 1.03 of this Code.
(Ord. 2020-294, passed 3-18-2020; Am. Ord. 2022-335, passed 3-16-2022)