The following are requirements for a collector issued a solid waste and recyclables collection permit by the city.
(A) (1) Collectors shall submit a quarterly report on a form provided by the city or in a format acceptable to the city, which reflects the solid waste, recyclables and green waste collection and diversion activities for the reporting quarter. The contents of this form will be prescribed by the Solid Waste Program Administrator and shall contain information sufficient to determine compliance with the goals, schedules, and requirements of the Act, the city's Source Reduction and Recycling Element adopted pursuant to the Act, and the requirements of this chapter. This information must include, but is not limited to:
(a) The quantities by weight of solid waste, source separated green waste, source separated recyclables collected, and any recyclables diverted from loads of mixed solid waste.
(b) Each disposal site used during the quarter with tonnage taken to each site.
(c) Each processing site used during the quarter and the tonnage taken by the collector to each site, the amount of recyclables recovered from the tonnage, and the amount and final disposition of any materials remaining from the tonnage.
(d) Hazardous substances inadvertently collected during the quarter, including customer address (if known), quantity and type of material, and final disposition of hazardous substances.
(e) Summary report of the customer complaint log in a format acceptable to the city.
(f) The total amount of quarterly gross revenues received by the collector for providing services under the permit issued pursuant to the provisions of this chapter.
(g) The reporting quarter and permit-year cumulative recycling and waste diversion rate.
(2) Diversion through source reduction, recycling and/or composting activities shall be considered for the purposes of the diversion calculation. Transformation, to the extent that the city can receive diversion credit for transformation under the Act, shall also be considered for the purposes of the diversion calculation. The reporting quarters shall be: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31 of each year. Quarterly reports are to be filed with the Solid Waste Program Administrator no later than 30 days after the last day of the preceding reporting quarter. Failure to submit quarterly reports within this time frame may result in revocation or non-renewal of the collector's permit pursuant to § 8.10.120 of this chapter.
(B) Recycling and waste diversion rate for each collector shall be calculated by taking the total number of tons of any and all materials considered diverted or recycled from the commercial/industrial waste stream and dividing the resulting number by the total tonnage of commercial and industrial solid waste, recyclables, and green waste reported as being removed from collector's commercial and industrial customers in the city. The current quarter's recycling and waste diversion rate and a cumulative permit-year recycling and waste diversion rate shall be calculated and reflected on the quarterly report.
(C) Collectors shall keep and preserve for no less than three years following the applicable reporting period, full, complete and accurate waste diversion and/or recycling reports, financial and accounting records pertaining to cash, billings and disposal transactions for the city. Such records shall include, but not be limited to landfill tonnage receipts, weight tickets for recyclables, transfer station receipts, waste reduction and recycling audit data used in support of source reduction, and any other records and reports that are necessary for the city to enforce the provisions of this chapter and to comply with all applicable laws, including waste diversion requirements.
(D) Source reduction. Collector may elect to document diversion through source reduction through the performance of waste reduction and recycling audits of their commercial/industrial customers serviced in the city. The audit procedures must be consistent with the diversion calculations and methodologies of the California Integrated Waste Management Board. The costs of the audits shall be the sole responsibility of the collector. Upon written request, all source data collected in support of the diversion claimed through source reduction in quarterly reports submitted to the city shall be made available within 30 days of the date of the request. Should the collector fail to provide the information requested to the satisfaction of the Solid Waste Program Administrator, the collector shall be responsible for the maximum permit fees due to the city as set forth by City Council resolution, or the collector's permit may be revoked pursuant to the provisions of § 8.10.120 of this chapter.
(E) Collectors shall provide all data and statistical information that the Solid Waste Program Administrator deems to be necessary to demonstrate compliance with any current, federal, state, or local law, regulation, order or permit. Such records are instrumental in the determination of the collector's permit fees, and shall be subject to audit and inspection at the request of the Solid Waste Program Administrator. Collectors shall be given at least 30 days' notice of any change in reporting requirements.
(F) Permit fees. Collectors shall be subject to quarterly permit fees calculated at a permit fee rate prescribed by City Council resolution. The permit fee rate shall be applied to the total tonnage processed by a collector for the quarterly reporting period, which originated from commercial/industrial customers in the city and is charged against the city as disposal as defined in the Act. Collectors achieving a diversion rate equivalent to or greater than the diversion goals set forth in the Act shall be eligible to receive a reduced quarterly permit fee rate. Permit fees are to be submitted to the Solid Waste Program Administrator no later than 30 days after the last day of the preceding reporting quarter. Collectors submitting quarterly permit fees beyond the 30-day deadline shall be subject to permit revocation or non-renewal, pursuant to § 8.10.120 of this chapter.
(G) CERCLA liability. Collector shall fully indemnify, defend and hold harmless the city against any claim 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 wastes at any place where collector transfers, stores or disposes of solid waste pursuant to the permit issued to the collector, or if its activities pursuant to the permit issued to the collector result in a release of hazardous substances into the environment. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response Compensation and Liability Act, CERCLA, 42 USC 9607(e), and Cal. Health and Safety Code § 25364, to protect, defend, hold harmless and indemnify the city to the maximum extent permitted by law, including, but not limited to, the payment of all costs, claims, liabilities, attorneys fees and costs of suits. Collector's obligation to indemnify, defend and save harmless the city as to environmental related liability (CERCLA liability) shall be limited to the requirements contained in this section.
(H) CERCLA Liability Fund. There is hereby established a CERCLA Liability Fund which shall be funded by a portion of each collector's quarterly permit fees, as established by the city, and which shall be used to indemnify the city as to any CERCLA liability, whether in the form of claims, administrative actions, remediation or otherwise as described in division (G) of this section. Monies deposited into this fund shall remain for no less than five years from the date of deposit. Thereafter, any collector may make a claim for refund of amounts paid into the fund provided: (1) no claim alleging CERCLA liability has been asserted against the city, nor has the city determined that it is exposed to CERCLA liability as a result of any act or omission of the collector; (2) the collector making the claim can show to the city's satisfaction that due to the passage of time, the closure of a dump site, or otherwise, no CERCLA liability can lawfully be imputed to the city as of the date of the claim as a result of the collector's acts or omissions; and (3) the claim is made in writing not later than one year after the expiration of the five-year funding period set forth herein. Should a claim not be made within this one-year period, all amounts which could be claimed shall be subject to escheat to the city in accordance with laws applicable to unclaimed funds. Nothing contained in this section or chapter, including any monetary limit, shall in any way limit, prevent, or otherwise alter the city's right and/or ability to bring an action or claim for indemnity or contribution, or otherwise assert against a collector or collectors, its right to indemnity or contribution, as provided herein.
(I) Hazardous substance notifications. Collector has represented to the city that the collector will carry out its duties to notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and Local Emergency Response Providers, and, if appropriate, the National Response Center, of reportable quantities of hazardous substances, found or observed anywhere within the city, including on, in, under or about city property, city easements, city rights-of-way and city waste containers. In addition to other required notifications, if the collector observes any substances which it or its employees reasonably believe or suspect to contain hazardous wastes unlawfully disposed or released on city property, streets in the city, storm drains, or public rights-of-way, collector also will immediately notify the City Manager and the Los Angeles County Fire Protection District. Notwithstanding the above, collector has no obligation to collect hazardous substances pursuant to the collector permit issued under this chapter.
(J) Solid waste disposal. The collector shall deposit all solid waste collected in the city at landfills which have been properly permitted by the Regional Water Quality Control Board and Local Enforcement Agency, and have received the appropriate classification for the type of solid waste deposited. Landfills utilized by the collector may not be listed as or be considered for inclusion on a state or federal Superfund list. Alternatively, the collector may deposit solid waste collected in the city at transfer stations, waste to energy facilities or material recovery facilities, which have been properly permitted and which are not being considered for inclusion on a state or federal Superfund list. Upon the city's request, the collector shall have the responsibility to furnish to city copies of permits issued for all disposal facilities at which the collector disposes of city's waste. The collector's failure to conduct such due diligence, or disposal of solid waste collected in the city in violation of this section, to the extent it causes liability or damage to the city, shall trigger the collector's obligation to indemnify the city, including liability under CERCLA or any other applicable environmental statutes.
(K) The collector shall provide and maintain all equipment used in performance of this permit in a safe and sanitary manner, and in good operating condition and appearance. Collection vehicles shall be registered with the California Department of Motor Vehicles and shall be maintained so as to comply with the standards of the California Highway Patrol. The collector shall ensure that there is no leakage of solid waste, recyclables, or liquids from collection vehicles. Collection vehicles and containers used for the temporary accumulation and collection of solid waste and recyclables shall be free of “tagging” or graffiti and shall be uniform in appearance, including same colors, corporate logo and shall reflect the collector's name and local telephone number in type not less than two inches in height. Every driver or operator working on or with collection vehicles of the collector shall immediately pick up, clean, haul away and dispose of all refuse, debris, or litter spilled or dropped upon public or private property due to the operation of the collector's vehicles.
(L) The collector shall be responsible for keeping all commercial solid waste containers in good repair and in a clean and sanitary condition. The collector shall remove and replace all commercial/industrial solid waste containers, which are identified by the Director of Community Development or his/her designee as being unsanitary or otherwise unfit for use. The collector shall remove all containers, which are in a public right-of-way.
(M) The collector shall indemnify, relieve, release, defend, hold harmless and forever discharge the city and its officers, agents, employees, attorneys, administrators, affiliates, representatives, servants, insurers, successors, heirs and each of them, of and from any and all claims, rights, debts, liabilities, demands, obligations, liens, promises, acts, agreements, costs and expenses (including, but not limited to, attorneys' fees and costs), damages, actions and causes of action, of whatever kind or nature (including without limitation, any statutory, civil or administrative claim), whether known or unknown, suspected or unsuspected, fixed or contingent, apparent or concealed, in any way based on, arising out of or related to or connected with the collector permit issued by the city pursuant to the provisions of this chapter except to the extent attributable to the city's own negligence or willful misconduct. The provisions of this division (M) and all other indemnities herein shall survive the termination or expiration of the collector's permit to the maximum extent permitted by law.
(N) The collector shall carry public liability and auto insurance during the term of the solid waste and recyclables collection permit in an amount not less than $1,000,000 aggregate, $1,000,000 per occurrence during the permit term. The collector additionally shall provide worker's compensation insurance in the amount required by law for its employees or shall have been issued a certificate to self-insure in accordance with state law. All public liability insurance obtained by the collector shall name as additional insured the city, its officers, agents and employees and shall require that 30 days' written notice be given prior to the reduction or modification of the limits or cancellation or expiration of the policy. The collector shall provide the city with a certificate or certificates together with endorsements showing that the required insurance will be in effect for at least 30 days in advance of the first day the collector will perform services under the permit issued by the city. No work shall be performed by the collector during any period when the collector is not covered by insurance as required by this section. In the event the collector does any work while not covered by the insurance, the city may immediately revoke the collector's permit without providing the 30 days' written notice required by § 8.10.120 of this chapter.
(O) The collector shall indemnify, defend and hold harmless the city, its officers, agents and employees with respect to: (1) any and all claims, losses and liabilities whatsoever for damages of any nature occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connection with the exercise of the collector's permit and each collector's activities thereunder; (2) any and all claims, lawsuits, liabilities or actions arising from the issuance of the collector permit pursuant to the provisions of this chapter; (3) any and all claims, losses and liabilities for property damage, personal liabilities and/or death arising out of or alleged to have arisen from, or connected with the collector's performance of its obligations pursuant to the issuance of a collector permit pursuant to the provisions of this chapter; and (4) any claim or liability arising from or attributable to any alleged breach of warranty of merchantability or fitness of purpose or other laws relating to product liability for solid waste and recyclables collected pursuant to the provisions of this chapter. The collector's obligation to indemnify, as required herein, shall include payment of all attorney's fees and costs of defense.
(P) The collector shall comply with the city's Noise Regulations as set forth in Chapter 9.44 of this code.
(Q) The collector and any and all employees of the collector shall provide solid waste collection service in compliance with all federal, state and local laws and with all applicable regulations promulgated by federal, state, or local administrative or regulatory agencies, now in force and as they may be enacted, issued or amended during the term of the collector's permit.
(R) Ad hoc reports. The collector shall provide up to six reports per calendar year of varying detail and format, as specifically requested by the city, to meet unforeseeable information queries by the California Integrated Waste Management Board, or other public agencies, including the city.
(S) Customer privacy. The collector shall strictly observe and protect the rights of privacy of commercial/ industrial customers. Information identifying individual commercial/industrial customers, or the composition or contents of a commercial/industrial customer's solid waste or recyclables shall not be revealed to any person, governmental unit, private agency or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the commercial/industrial customer. This provision shall not be construed to preclude the collector from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses, which may be required to comply with the Act. The collector shall not market or distribute outside the normal course of its business, mailing lists with the names and addresses of commercial/industrial customers. The rights accorded customers pursuant to this division (S) shall be in addition to any other privacy right accorded customers pursuant to federal or state law.
(T) Adverse information. The collector shall provide the city two copies of all reports, or other material adversely affecting the collector's permit issued pursuant to this chapter, submitted by the collector to the Environmental Protection Agency, the California Integrated Waste Management Board or any other federal or state agency unless otherwise prohibited by law. Copies shall be submitted to the city simultaneously with the collector's filing of such matters with said agencies. The collector'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, as provided in this section and below.
(1) The collector shall submit to the city copies of all pleadings, applications, notifications, communications and documents of any kind submitted by the collector to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other government bodies relating specifically to the collector's performance of services pursuant to the provisions of this chapter. 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.
(2) The collector 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.
(3) All reports and records required under this or any section of this chapter shall be furnished at the sole expense of the collector.
(U) Assignment. The collector shall not assign any portion of the rights and privileges granted under the collector permit without written consent of the city.
(V) Subcontracting. The collector shall not engage any subcontractors for collection of solid waste, green waste or recyclables without prior written consent of the city.
(`83 Code, § 8.10.070) (Ord. 2000-26 § 1, 2000)