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The collector is required to comply with performance standards specified in the NEFA. In the event collector fails to comply with the standards, the County may, at its option, assess liquidated damages in accordance with the procedures and amounts, if any, described in the NEFA.
(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
In approving the terms of any NEFA, the Board may prescribe any additional terms, conditions, rules, regulations, restrictions, and limitations not specifically mentioned in this chapter that the Board determines are in the public interest. Approval of an agreement form by the Board shall be deemed to include a determination that each provision in the form is in the public interest.
(Added 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. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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 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; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Acceptable facilities.
(1) A CRMC shall deliver recyclable materials collected in the unincorporated County to a recycling facility for the purpose of recycling the materials.
(2) A CRMC shall deliver green materials and food waste collected in the unincorporated County to a facility or operation or for location for a use identified in 14 CCR section 18983.1(b), which includes, but is not limited to the following: (i) a recycling center (such as a chip and grind facility) pursuant to 14 CCR section 17402.5(d) or 14 CCR section 17402.5(c); (ii) a compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), small composting activities that would otherwise be excluded from the compost material handling operation or facility definition pursuant to 14 CCR section 17855(a)(4), or a community composting facility; (iii) in-vessel digestion operation or facility as listed in 14 CCR section 17896.5 or activities that would otherwise not be subject to the in-vessel digestion requirements pursuant to 14 section 17896.6; (iv) biomass conversion operation or facility as defined in section 40106 of the PRC; (v) used as a soil amendment for erosion control, revegetation, slope stabilization, or landscaping at a landfill in compliance with 14 CCR section 18983.1(b); (vi) used in land applications in compliance with 14 CCR section 18983.1(b); (vii) lawful use as animal feed in compliance with 14 CCR section 18983.1(b); or, (viii) other operations or facilities approved by the State in accordance with 14 CCR section 18983.1(c). Notwithstanding the foregoing, the allowable facilities, operations, and uses of green materials and food waste shall be defined as in 14 CCR section 18983.1(b).
(3) A CRMC shall deliver pallets to a facility for the purpose of reuse and salvage or to a facility processing that recovers source separated organic waste.
(4) Recyclable materials and organic materials collected by the CRMC in the unincorporated area of the County shall not be delivered to a landfill for disposal or other sites for disposal and shall not be used as alternative daily cover or alternative intermediate cover as defined in 27 CCR section 20690 and 20700, respectively.
(b) Equipment and vehicles. All vehicles and equipment shall comply with the requirements of 14 CCR sections 17341 through 17345 and shall be kept in a clean and well-maintained condition.
(c) Containers. A CRMC shall comply with container storage requirements of section 68.521. All CRMC-provided containers shall be clearly identified as recyclable materials or organic materials containers, shall display the name and phone number of the CRMC to whom the container belongs. A CRMC shall place a label or provide imprinted text or graphic images on each new container indicating the primary materials accepted and the primary materials that are prohibited container contaminants in that container, or as otherwise required by 14 CCR section 18984.8. CRMC shall achieve compliance with the container labeling requirements in accordance with the following timeline: fifty percent (50%) of all containers by December 31, 2021 and one hundred percent (100%) of all containers by June 30, 2022. Container colors shall comply with CRMC certificate requirements.
(d) Customer education. For customers in the densely-populated areas, CRMC shall provide educational information to its customers in accordance with CRMC certificate requirements.
(e) Contamination monitoring. In the densely-populated areas, CRMC shall conduct contamination monitoring of its customers' containers to identify prohibited container contaminants in accordance with CRMC certificate requirements.
(f) Rates for service. A CRMC shall provide services at no cost to its customers or shall charge its customers for service at rates it determines.
(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8060 (N.S.), effective 5-28-92; 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; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) A person applying for certification as a CRMC with the County shall file an application on the form provided by the Director. As part of the application process the applicant shall submit to a background investigation conducted by the Sheriff's department. The Director shall review the completed application and may request other County departments as the Director deems necessary to review and comment on the application. The application shall not be considered complete until the applicant provides all information required by this chapter or which the Director requests.
(b) All CRMC applications shall include:
(1) The applicant's name, mailing address, email address, and phone number.
(2) Name, mailing address, email address, and telephone number of an individual contact for the applicant.
(3) If the applicant is not an individual, the name and address of each partner, owner, officer, and trustee of the entity, whichever is applicable, and each person's percentage of ownership or interest. Publicly-held corporations shall supply proof of corporate entity, the names of each local officer, and each location where the corporation maintains an office in San Diego County.
(4) Identification of the type(s) of materials the CRMC is seeking approval to collect and identification of the facilities, operations, or uses CRMC proposes to use to comply with section 68.561(a).
(5) A description of each truck and piece of equipment, including the model, year, license plate number, and vehicle identification number, that the applicant owns or is under the applicant's control for the collection or transportation of recyclable materials and organic materials that the applicant will use to provide service. The applicant shall also provide with the description of the trucks and equipment, a statement under penalty of perjury as to the mechanical condition of each truck and piece of equipment and whether at the time of the application the truck or piece of equipment meets the standards required by 14 CCR sections 17341 to 17345 and this chapter.
(6) Facts demonstrating that: (A) the applicant owns or has access to suitable facilities for keeping vehicles and equipment clean and in good repair; and, (B) the applicant's storage yard and maintenance facilities will be located in an area zoned for the use.
(7) A statement of the applicant's qualifications and experience in collecting or transporting discarded materials.
(8) Acknowledgement of the applicant's agreement to defend, indemnify, and hold harmless, County and its directors, officers, agents, and employees from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to County's directors, officers, agents, or employees which arise from, or are connected with, or are caused or claimed to be caused by acts or omissions of the applicant, or its directors, officers, agents, or employees, in the performance of the recyclable materials and organic materials collection services, and all costs and expenses of investigating and defending against same; provided, however, that the applicant's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the County, its directors, officers, agents, or employees;
(9) Without limiting the indemnification obligation above, the applicant's agreement to obtain and maintain in full force and effect throughout the term of the CRMC certificate, and any extensions or modifications thereof, insurance coverage which meets or exceeds the requirements established by this chapter or the Director.
(10) Proof of the applicant's insurance that complies with the County's minimum requirements.
(11) A written statement certifying that the applicant has reviewed and will comply with the requirements of this chapter and in the CRMC certificate.
(12) Application fee payment for CRMC applicant, if an application fee is required by the Director.
(13) Any additional information the Director determines is necessary to evaluate and process the application.
(c) The County will accept applications for CRMCs on an on-going basis commencing on May 15, 2021.
(Added by Ord. No. 8060 (N.S.), effective 5-28-92; 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. 9666 (N.S.), effective 8-14-04; 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; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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