(a) Residential Solid Waste, Organic Waste, and Recyclable Materials Collection Service. As directed by City Manager or designee, residential Exclusive Franchise Contractor shall collect and dispose of all Solid Waste and collect and process source-separated Organic Waste and Recyclable Materials generated at residential premises within the City and placed for collection, not less than once per week, as scheduled, unless another collection program is approved by the City Manager or designee. Exclusive Franchise Contractor may collect Solid Waste, Organic Waste, and Recyclable Materials from residential premises only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, subject to review by the City Manager or designee. Collection Containers shall be returned by Contractor to the collection point upright with lids properly secured. Residential Service Recipients may make arrangements with Exclusive Franchise Contractor to collect excess material and bulky waste; extra charges may apply to this service as approved by resolution of the City Council. White goods and ferrous metals shall be separated at the time of collection so as not to become mixed with other Solid Waste to be landfilled. Collected white goods shall be recycled to the maximum extent feasible and Contractor shall comply with all provisions of the Franchise Agreement. Special charges may apply to this service, as found in the fee schedule approved by City Council.
(b) Commercial Solid Waste materials collection service. Exclusive Franchise Contractor shall collect and dispose of Solid Waste generated at Commercial Premises within the City and placed in a Collection Container for collection from one to six (6) times per week as scheduled with each Commercial Service Recipient. Exclusive Franchise Contractor may collect Solid Waste from Commercial Premises between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, except for Holidays, subject to review by the City Manager or designee.
(c) Commercial Recyclable Materials and Organic Material collection and processing service. Exclusive Franchise Contractor shall collect and process those source-separated Recyclable Materials and Organic Waste materials generated at Commercial Premises within the City which are placed in a Collection Container for collection as scheduled with each Commercial Service Recipient. Exclusive Franchise Contractor may collect Recyclable Materials and Organic Materials from Commercial Premises between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, except for Holidays, subject to review by the City Manager or designee. Exclusive Franchise Contractor must provide and maintain its Commercial Recycling and Organic Waste Collection Service in a manner designed to ensure that all Recyclable Materials and Organic Waste collected are diverted from the landfill in accordance with AB 939, AB 1826, AB 1594, and SB 1383, and any subsequent or other Applicable Law. Commercial Contractors must ensure that the Recyclable Materials and Organic Waste collected are not disposed of in a landfill, except for residue resulting from processing. Exclusive Franchise Contractor will notify Commercial Service Recipients of the requirements to comply with the laws. Exclusive Franchise Contractor must provide the necessary volume of Collection Service to Commercial Service Units in order to be in full compliance with the law.
(d) Limited Franchise Collection Service. Temporary Bin and Roll-off service shall be provided by a Limited Franchise. Limited Franchise Contractor is entitled to place Bins and Drop Box containers and collect Solid Waste, Organic Waste, and Recyclable Materials on a temporary service basis at the premises within the City from which such Solid Waste, Organic Waste, and Recyclable Materials originate. Land clearing, Construction and Demolition projects, and residential or commercial short-term construction, vegetation clearing, tree removal, event and cleanup projects would be typical types of such temporary service. Construction and Demolition projects with an active City building and/or grading permit may be serviced continually until construction activities have been completed and/or a certificate of occupancy has been issued by the City. Other temporary service shall be provided for a maximum of 30 consecutive days per calendar year per account location. All concrete, asphalt, construction materials, dirt, Green Waste, Wood Waste, and other Organic and Recyclable Materials shall be diverted to the maximum extent possible in accordance with AB 939, AB 341, AB 1826, AB 1594, SB 1383, and any subsequent or other Applicable Law.
(e) Commercial Recycling Permit Collection Service. Subject to Permit conditions, Commercial Recycling Permittee may collect and process source-separated Organic Waste and Recyclable Materials that are generated at Commercial Premises within the City. Collection shall occur between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, subject to review by the City Manager or designee. Permittee must ensure that all Organic Waste and Recyclable Materials collected are diverted from the landfill in compliance with AB 939, AB 341, AB 1826, AB 1594, and SB 1383, and any subsequent or other Applicable Law. Permittee must ensure that all Organic Waste and/or Recyclable Materials collected are not disposed of in a landfill, except for any non-recyclable residue resulting from processing.
(f) Special collection provisions. Special collection provisions shall be as follows:
(1) Unless otherwise agreed to, the Contractor shall not be required to collect material in excess of the weekly limit of two 96-gallon carts of Garbage for residential premises, medical or infectious waste, liquid waste, hot ashes, dead animals, abandoned vehicles, explosive substances, radioactive materials, or any material defined by Federal, State, or local law as hazardous waste.
When materials referred to in subsection (f)(1) above are not collected, Contractor shall place a tag on the Collection Container which shall state the reason for refusal to collect such materials, giving references to the Code or to the section of rules and regulations which has been violated and which gives grounds for refusal.
Contractor shall keep a record listing the address of the waste identified in subsection (f)(1), and this record shall be submitted to the City Manager or designee as part of the annual report.
(2) Animal waste. Animal waste, with the exception of domestic pet waste, shall not be placed in containers for regular collection and disposal, but shall be removed by special arrangement with the Franchise hauler at the Service Recipient's expense, in accordance with all Federal, State and local laws and regulations. For purposes of this section, horses, non-domesticated animals, and livestock are not considered pets.
(g) Cleanup of illegal dumping. Each Contractor holding an Exclusive Franchise shall respond to all calls from the City Manager or designee regarding spilled or illegally dumped waste, including bulky materials, during regular work hours and, in emergencies, at night, and on weekends in accordance with the terms of the Exclusive Franchise Agreement. Contractor shall collect and deliver such waste to the appropriate disposal or processing site. In such cases, Contractor may seek reimbursement from the City as determined by the Exclusive Franchise Agreement.
(h) Collection/spillage. Contractor and/or Permittee shall exercise all reasonable care and diligence in collecting Solid Waste, Organic Waste, and Recyclable Materials to prevent spilling, scattering or dropping such waste and materials and shall immediately, at the time of occurrence, cleanup any spillage whether or not Contractor or Permittee has caused the litter. Contractor shall discuss instances of repeated spillage not caused by the Contractor directly with the responsible Service Recipient and will report such instances to the City Manager or designee. The City Manager or designee will attempt to rectify such situations with the Service Recipient if Contractor has already attempted to do so without success.
(i) Supervision of Contractors by City. The City Manager or designee shall supervise the collection and disposal of Solid Waste and collection and processing of Organic Waste and Recyclable Materials by Contractor as follows:
(1) The City Manager or designee, within the terms and conditions of this Chapter or any agreement entered into pursuant to the provisions of this Chapter, may establish the days and hours within which collection services may occur and may change the same from time to time. When such days and hours are established or changed, Contractor shall give 30 days written notice thereof to all affected residential and/or commercial and industrial Service Recipients.
(2) In all cases where the City Manager or designee shall find that practical difficulty exists in complying with the requirements of this Chapter as to the placement of Solid Waste for collection by the Contractor, the City Manager or designee shall designate where such Solid Waste shall be placed or kept for collection by the Contractor and the conditions under which shall be collected.
(3) The City Manager or designee, with City Council approval, shall make such rules, not inconsistent with the provisions of this Chapter or the agreements or permits between the City and Contractor, as may be necessary, reasonable and proper to affect the expedient, economical and efficient collection and disposal of Solid Waste and collection and processing of Organic Waste and Recyclable Materials by Contractor.
(Ord. 1688-NS, eff. December 17, 2021)