A person may apply to the Director to become a certified recyclable materials collector (CRMC) to receive certification to remove or transport recyclable materials, green materials (excluding wood waste), food waste, and pallets subject to conditions of this article VI. The certification will be valid for a period of two (2) years after the date it is issued by the Director. The expiration date of the certificate will be automatically extended for two (2) additional years after the expiration date of the certificate, unless the Director determines that the CRMC is not substantially complying with the CRMC requirements of this chapter, or unless the Director provides sixty (60) days' notice to the CRMC of its intent not to extend the expiration date of the certificate.
(a) A certificate may not be transferred, sold, leased, or assigned, in whole or in part, to another person without the prior written approval of the Director. Approval may be obtained by filing an application with the Director on a form prescribed by the Director. The Director shall maintain a current list of CRMCs on the Department of Public Works' website.
(b) A CRMC shall comply with the following limitations related to the collection of recyclable materials and organic materials:
(1) The amount of recyclable materials and organic materials collected within the unincorporated area of the County by a CRMC may not exceed 1,000 tons per year with the exception that the weight of pallets shall be excluded from the 1,000 ton-per-year limit and are not subject to any annual tonnage limit. For the purposes of this subsection, the annual tonnage of recyclable materials and organic materials collected in the County by the CRMC, its parent company, and all affiliates shall be combined.
(2) Organic materials collected by the CRMC shall be limited to green materials (excluding wood waste), food waste, and pallets for the purposes of this article VI.
(3) The recyclable materials and organic materials collected shall not contain greater than ten percent (10%) by volume of solid waste (assessed separately for each material type).
(4) The CRMC shall achieve an annual ninety percent (90%) diversion rate of the recyclable materials and organic materials collected. The CRMC shall certify their diversion rate in their annual reporting under section 68.565.
(c) A CRMC shall indemnify and hold the County, and County's directors, officers, agents, and employees harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges, or penalties whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under this chapter or under a CRMC certificate granted pursuant to this chapter.
(d) A CRMC shall obtain and keep in effect the insurance coverage and limits required by its CRMC certificate and if not specified in the certificate in such form and amount as may be required by County Risk Management. A CRMC shall file with the Director a copy of each insurance policy or certificate of insurance evidencing a policy prior to the Director approving a CRMC. Each policy shall contain provisions naming the County of San Diego as an additional insured and require that the insurance carrier give the Director notice of cancellation in accordance with the insurance policy provisions.
(e) A CRMC shall conduct all activities in compliance with all applicable federal, State, and local laws, regulations, ordinances, and requirements and shall be responsible for obtaining all applicable permits, licenses, certifications, and registrations.
(f) The general conditions specified in section 68.540 for SWMA and NEFA collectors are applicable for CRMCs.
(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 9495 (N.S.), effective 9-13-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10253 (N.S.), effective 3-8-13; amended by Ord. No. 10729 (N.S.), effective 6-4-21)