Beginning April 27, 2021, the City’s franchisee shall have exclusive rights to provide temporary trash services, including bin and roll-off services within the City limits at rates approved by the City Council. Temporary Service Providers, including haulers, and providers of temporary services, including bins, roll-offs, and any and all temporary trash receptacles may not provide such services within the City’s limits with the following exceptions:
Temporary service providers that possessed a valid City of Reedley business license when the City’s franchise agreement was executed (April 27, 2021) shall have continuation rights to provide temporary roll-off services for a period of five (5) years from the date of the franchise agreement execution. Service providers that qualify will be required to follow permitting requirements as stated in this chapter. At the completion of the five (5) year period, only the franchisee shall have rights to provide such services within the City’s limits.
A. Permits and Agreements:
1. No person, contractor, or solid waste enterprise shall charge a fee or accept any form of compensation to collect any solid waste, organic waste, recyclables, hazardous waste, or infectious waste within the City limits without first applying for and receiving all required permits and/or entering into any agreement(s) required by the City to perform such services. In addition to the permits and agreements required under this chapter, the applicant must obtain a business license prior to doing business within the City, and a separate permit for the setting of containers within the City right-of-way.
2. The City shall develop and implement a procedure for evaluating the performance of any and all permittees operating under the provisions of this chapter. Permitted haulers shall submit reports on their hauling activity, as required by the Public Works Director or designee. These reports shall be submitted in the format and frequency established by the Public Works Director. Failure to provide said reports, by their established due date, may result in the hauler’s permit being revoked by the City as provided in Section 3 of this Chapter. Failure to meet minimum diversion rates may result in the revocation of the permit as provided in Section 3 of this Chapter. A franchisee shall have specific requirements and evaluation of their performance governed by the terms of the agreement. At the discretion of the Public Works Director or Code Enforcement Officer, the City reserves the right to utilize other means of enforcement described within the City Municipal Code.
3. Any person, contractor or solid waste enterprise who is issued a permit or agreement pursuant to this chapter shall comply with all of the regulations in this chapter including, but not limited to, the source reduction and recycling provisions.
4. Any person, contractor or solid waste enterprise that meets the qualifications set forth in Section 4-1-12 and desires to provide temporary and non-recurring for-hire hauling must first obtain a permit from the City to remove or convey any solid waste, hazardous waste or infectious waste within the City’s limits from any commercial business or residential unit(s), shall sign and file an application with the City and pay a permit application fee established by resolution of the City Council. To the extent permitted by law, the information submitted in the application shall be kept confidential.
5. Each permit application shall be filed with the Public Works Department and shall include the following information:
a. The name and address of the applicant.
b. The number and type of vehicles to be used by the applicant.
c. Additional information, as established by the Public Works Director, to assist the City’s administration and oversight authority as established by state law.
d. For hazardous waste and infectious waste, written proof that the person or solid waste enterprise has obtained all necessary permits from the county, State of California, and federal agencies for the collection of such waste and has insurance coverage for the transport and disposal of such waste.
B. Issuance or Denial Permits and Agreements.
1. When an application has been made to the City for a permit pursuant to this chapter, it shall be the duty of the Public Works Director to consider the matter; and he or she shall have the right to grant, condition or deny the permit request. No permit granted pursuant to this chapter shall limit the right of the City to grant an exclusive or nonexclusive franchise for solid waste handling services in the City. A permit issued under this chapter shall not grant the permittee rights under California Public Resources Code section 49520, where at the time the permit is granted the permittee did not have a right to continue service under such section.
2. Agreements for the provision of recurring services by solid waste enterprises shall be established and executed at the City’s discretion and for a term of the City’s choosing.
C. Revocation of Permit:
1. In the event that any person, contractor or solid waste enterprise holding a permit to collect solid waste, hazardous waste, or infectious waste within the City from any commercial business or residential unit(s), violates any of the conditions of such permit, the provisions of this chapter, or any other ordinance, statute, or regulation relating to the collection, storage, or disposal of solid waste, hazardous waste, or infectious waste, or collects such solid waste in an unlawful, improper, or unsanitary manner, the Public Works Director may revoke such permit issued to such person, contractor, or solid waste enterprise as provided by this section.
2. The Public Works Director may revoke a permit by issuing a written order to the permittee and the order shall state the grounds for such revocation, and that if proof of compliance is not provided to the Public Works Director within thirty (30) calendar days from the date of the written order, the permit will be revoked forty-five (45) calendar days from the date the written order was mailed. The order shall be mailed by certified mail to the permittee. The Public Works Director may adopt regulations to implement the provisions of this section.
3. If a franchisee fails to comply with agreement terms, the provisions of this chapter, or any other ordinance, statute, or regulation relating to the collection, storage, or disposal of solid waste, hazardous waste, or infectious waste, or collects such solid waste in an unlawful, improper, or unsanitary manner, the Public Works Director may utilize remedies established in the franchise agreement to cure such violations and defaults in addition to any other remedy provided by law.
4. If a permittee or franchise agreement is revoked, no permit or franchise may be thereafter granted to such entity to collect solid waste, hazardous waste, or infectious waste in the City until such time as the permittee or franchisee can first establish to the City its ability to comply with the provisions of this chapter.
D. Equipment Requirements:
1. Vehicles used by the permittee for solid waste handling services shall be approved by the Public Works Director or designee and shall be in safe and operable condition. Vehicles shall be painted with the firm name on each side at a minimum of three (3) inch-high letters. No materials shall leak, fall, or be spilled from any such vehicle or bin attached thereto. Vehicles shall be equipped with shovels and brooms to clean up spillage. Equipment bodies shall be of metal and watertight. Vehicles must pass City approved inspections and meet applicable air quality and vehicle emissions standards. Truck bodies shall be closed when used to transport solid waste, hazardous waste, or infectious waste contents to places of disposal or separation for recycling. Vehicles shall be operated in such a manner as to minimize their exterior noise levels in the City. Vehicles must conform to the California Vehicle Code and all other applicable laws and are subject to inspection at any time by the City or the California Highway Patrol or other law enforcement agencies.
2. Containers to be used by industrial and commercial units and multifamily units not utilizing curbside service shall be provided by the permittee or franchisee. Containers shall have the name and the phone number of the permittee or franchisee clearly visible on two (2) sides in letters not less than three (3) inches in height. Containers shall be of a design and size to contain all the contents therein in such manner as to promote sanitary and healthy conditions. The owner of such containers shall maintain them in a safe and sanitary condition. The director shall have the authority to approve new containers at any time.
3. All permittees and franchisees shall maintain their containers to present a well-kept appearance and ensure that the container area is left clean of debris and refuse after pickup or delivery. Users shall be responsible for the cleanliness of the containers and sanitary conditions of the surrounding area between services.
E. Insurance And Bonds:
1. The permittee and franchisee shall at all times keep fully insured, at his or her own expense, all persons employed by him or her in connection with the contract or permit workers’ compensation insurance as required by the State of California, and shall hold the City free and harmless from all liabilities that may arise by reason of the injuries to any employee of the permittee or franchisee who is injured while performing any work or labor necessary to carry out the provisions of a contract or permit. The permittee or franchisee, during the life of the permit or agreement, shall keep on file with the City clerk evidence that the permittee is fully and properly insured as required by state law.
2. The permittee and/or franchisee shall agree to in a format approved by the City attorney and thereafter indemnify the City, its officers, employees and contractors against, and hold the City, its officers and employees, harmless from, any claims asserted against the permittee on account of the negligence of the permittee/franchisee or its employees, by employees of the permittee/franchisee or by third parties, arising out of personal injuries or property damage, including hazardous material cleanup costs and penalties, suffered by any such persons on account of the operations of the permittee hereunder. The permittee and/or franchisee shall provide and maintain in effect, bodily injury, property damage and environmental liability insurance with limits in an amount approved by the City attorney and as set forth in the permit granted. The permittee and/or franchisee shall have the City, its officials and employees named as an additional insured under each of the aforementioned policies, and such policies shall be endorsed to require thirty (30) days written notice to the City prior to any cancellation thereof. The permittee and/or franchisee shall furnish to the City certificates evidencing that the insurance required hereunder is in effect and such certificates shall be in a form approved by the City’s risk management office.
3. Solid waste enterprises operating under an agreement shall comply with the insurance and bonds requirements as established in their agreements. (Ord. 2021-003, 9-28-2021)