(a) Authorization to grant Franchises and Permits. The City Council may grant, at its discretion, Exclusive or Limited Franchises to designated Contractors. The collection of a franchise fee from these designated Contractors may be in lieu of all other business tax certificate fees required by the City as determined by the Director of Finance. The City Manager, or designee, may grant Commercial Recycling Permits to those applicants meeting the Permit criteria. The City Council may establish by resolution standards regarding the collection, transporting, processing, and/or disposal of Solid Waste, Organic Waste, and Recyclable Materials generated from residential, commercial and industrial premises.
(b) Collection by Contractor or Permittee. So long as any such Exclusive or Limited Franchise or Permit remains in force, collection and handling of material provided for in this Chapter shall be made by the Contractor or Permittee in accordance with the terms and conditions of this Chapter, the rules and regulations adopted by the City, the terms and conditions of the Franchise Agreement, and the terms and conditions of the Permit.
(c) Unlawful collection. Except as expressly provided in this Chapter, it is unlawful for any person to collect or transport Solid Waste, Organic Waste, and Recyclable Materials within the City unless such person is a designated Contractor with an Exclusive or Limited Franchise, or a Permittee, or the material collected is exempted under subsections (c)(1) through (10) of this section. It is unlawful for any person to knowingly authorize, allow or enter into any agreement for the collection or transportation of Solid Waste, Organic Waste, and Recyclable Materials by a person who is not a Contractor or Permittee, except as follows:
(1) Green Waste removed from a premise by a contracted gardening, landscaping, or tree trimming business or by a public agency representative as an incidental part of a landscape maintenance service rather than as a separate transportation service, or Green Waste delivered by a generator to a processing facility;
(2) Debris removed from a premise by a licensed land clearing contractor using its own employees and equipment, when transport is provided as an incidental part of a total service offered by that contractor rather than as a separate transportation service;
(3) Hazardous or dangerous materials, liquid and dry caustics, acids, biohazardous, flammable, and explosive materials, pesticides, and similar substances;
(4) Infectious medical waste as defined in the most current California Health and Safety Code;
(5) Source separated Recyclable Materials delivered by the generator to a facility for recycling under the California Beverage Container and Recycling Litter Reduction Act, California Public Resources Code §§ 14500 et seq.
(6) Source separated Recyclable Materials or Organic Waste delivered by the generator to a facility for Recycling or Composting ("Self-haul");
(7) Source separated Edible Food Waste removed from residential or commercial premises and donated for human consumption ("Food Recovery");
(8) By-products of sewage treatment, including sludge, biosolids, grit and screenings;
(9) Solid Waste generated at any residential or commercial premises and which is transported personally by the owner or occupant of such premises to a licensed disposal facility or disposed of in a manner consistent with the provisions of the Municipal Code and other applicable laws.
(10) Source separated Organic Waste byproducts generated from food or beverage processing intended to be used as animal feed and which meet the criteria of Public Resource Code section 40059.4 and AB 3036.
(Ord. 1688-NS, eff. December 17, 2021)