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B. All franchisees must nevertheless report on a quarterly basis to the city all combined or separately collected treated medical waste tonnage disposed of during the previous quarter by disposal location. The city must establish guidelines, forms, and other appropriate material to assist franchisees in preparing such reports. A franchisee's failure to file the required treated medical waste disposal reports shall constitute cause for termination or suspension of its franchise pursuant to section 13.24.210.
C. No treated medical waste from commercial solid waste generators shall be delivered by a franchisee to a materials recovery facility for the purpose of recycling. (Ord. 2021-0003 § 15)
A. Each franchisee shall maintain accurate and complete accounts of all revenues and income arising out of its operations under the franchise granted pursuant to this chapter; all waste material collected, transported, or disposed of; the source of such waste material; the final destination of such waste material; and all current customer service agreements. Franchisee's books, accounts, and records, including customer service agreements, reasonably necessary for the enforcement of this chapter and the franchise agreement must be made available for inspection, examination, and audit during normal business hours by authorized officers, employees, and agents of the city. The solid waste manager must give written notice at least three days prior to any inspection, audit, or examination of these records.
B. Each franchisee shall establish and maintain internal controls compliant with GAAP and be able to comply with the city reporting requirements for the monthly Revenue Electronic Reporting Form (RERF) and quarterly reports. Such internal controls must include measures to record, document, and make available to the solid waste manager:
1. Weights and volumes of all waste material collected from the city by the franchisee's service accounts, detailed by each customers' location or locations;
2. Collection truck driver's logs or routing sheets, indicating the collection vehicle license plate number, driver's full name, service date, collection locations with container sizes, and the name and location of the disposal or recycling facilities where collected materials were disposed of or recycled;
3. A list of customer accounts in the city with customer addresses and contact information for the reporting period, including customers specifically subject to mandatory commercial recycling requirements in California Public Resources Code sections 42649.2 and 42649.81;
4. A summary and copies of all the invoices related to commercial waste material collection within the city;
5. A summary and copies of all weight tickets issued by the disposal or recycling facilities for all solid waste, recyclable materials, or organic materials collected from the city for the reporting period. The weight tickets must include the franchisee's company name or other adequate identifier, as well as the jurisdiction of origin of the solid waste, recyclable material, or organic material printed legibly on it;
6. A record of jurisdiction of origin of the solid waste, recyclables, or organic materials on all weight tickets; and
7. A report linking weight tickets to the franchisee's service locations, including job sites, and customer's invoice numbers.
C. Where the solid waste manager determines that an audit is necessary, the solid waste manager may require the franchisee to be responsible for reimbursement of audit costs, including any city or consultant services, to perform audits of accounts of all franchisee books, accounts, customer service agreements, and records related to operations under the franchise granted pursuant to this chapter.
D. Each franchisee must provide a designated city audit contact, along with the franchisee's current mailing address, telephone number, and email address. Any changes to the designated city audit contact (including mailing address, telephone number, or email address) must be provided to the city within 30 days of any change.
1. All information provided to the city by the franchisee during an audit shall be certified by the designated city audit contact as accurate and current.
2. Any information provided to the city by the franchisee during an audit that is determined not to be current or inaccurate constitutes a violation of this section. (Ord. 2023-0024 § 51; Ord. 2021-0003 § 15)
A. All waste material containers must have tightly fitted covers and must not leak or permit the escape of odors. The solid waste manager may require special container equipment or container labeling with customer identifying information, in designated areas. Special equipment may include, but is not limited to, functioning locking mechanisms. Notwithstanding the requirements of this section:
1. Generators are not required to set out or store recyclable or organic materials together with solid waste; and
2. Generators are allowed to appropriately store recyclable or organic materials for collection separate from solid waste.
B. Every franchisee shall ensure that containers are clearly identified with the name, or recognizable corporate or company logo, and phone number of the franchisee that is legible from a distance of 50 feet. Containers must identify the type or types of waste material for which it is intended to be used. Containers must be kept free of graffiti.
C. All containers used for the collection of waste materials must meet the requirements of this chapter and must be franchisee-owned or generator-owned, such as a grocery store chain or construction contractor that generates waste and owns their own containers.
D. Violations of this chapter may be referred by the solid waste manager for further enforcement actions. In addition, violations of this chapter, which are also material terms and conditions agreed to by franchisee in the franchise agreement and constitute franchisee contractual obligations, may constitute a material breach of a franchise agreement which may subject the franchisee to payment of liquidated damages. (Ord. 2023-0024 § 52; Ord. 2021-0003 § 15)
Each franchisee must permanently display, in a prominent place on the exterior of each truck utilized in the collection, removal, or transportation of commercial solid waste under its franchise, a sign which contains such information as is required by regulation of EMD adopted pursuant to the provisions of the section 17344 of title 14 of the California Code of Regulations. (Ord. 2021-0003 § 15)
Every franchisee shall maintain an office where the agent or representative of the franchisee can be reached by email and telephone 9:00 a.m. through 5:00 p.m. Pacific Standard Time, Monday through Friday, legal holidays excepted. (Ord. 2023-0024 § 53; Ord. 2021-0003 § 15)
A. It is unlawful for any franchisee to do any of the following:
1. To operate or have an interest in a solid waste disposal site, other than a transfer/processing facility, within the city;
2. To operate a solid waste disposal area in the city;
3. To enter into a billing, invoicing, subcontracting, or brokering agreement for the purpose of providing commercial solid waste collection services in the city with an operator of a solid waste disposal site, its principal employees, or affiliated companies; or
4. To dump any solid waste upon, or permit the same to fall upon, any property, road, or highway other than the areas designated by this chapter for the disposal or dumping of solid waste.
B. Public agencies owning or having an interest in a solid waste disposal site are exempt from the requirements of this chapter. (Ord. 2023-0024 § 54; Ord. 2021-0003 § 15)
No person other than a customer who has contracted for service with a franchisee, or a person with such customer's consent, shall deposit solid waste into a commercial solid waste bin, drop box, or compactor placed in the city by a franchisee for the purpose of receiving solid waste. (Ord. 2021-0003 § 15)
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