Item 6 - Ordinance Regulating Solid Waste Recyclables
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AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City M~
INITIATED BY: John D. Fitch, Assistant City Manager rr
James R. Williams, P.E., Director of Public Services
Annette R. Gonzalez, Sr. Management Analysf.{11lY
DATE: July 11, 1995
SUBJECT: Ordinanc", RelP1latin~ Solid Waste. Recyclables Yard Waste and
Other Compostahles Handlinv Services.
ABSTRACT The proposed ordinance repeals Chapter 8.68 of the Municipal Code and establishes a new
Chapter 8.68 which contains provisions for mandatory collection of solid waste, recyclables, yard waste and
other compostables from residential and commercial premises by an exclusive franchisee, and which
contains higher standards for the handling of solid waste and recyclables by residents as well as the hauler.
Adoption and enforcement of this ordinance will assist the City in meeting its state mandated goal to divert
- 25% of its solid waste from the landfill by the end of 1995 and 50% by the year 2000.
ENVIRONMENTAL REVIEW This item is Categorically Exempt under Section 15308 of the
California Environmental Quality Act.
FISCAL IMPACT None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRRl;PONDENCE
This item has been advertised in the Poway News Chieftain and, at the time this report was prepared, staff
had not received any public response. A copy of this report has been provided to Mashburn Waste and
Recycling Services., and Coast Waste Management, Inc.
RECOMMENDATION It is recommended that the City Council (1) introduce and hold first reading of
the attached ordinance regulating solid waste, recyclables, yard waste and other compostables handling
services, and (2) continue public hearing to August 1, 1995 regular meeting for second reading and
adoption.
ACTION
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.- AGENDA REPORl'
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City M~
INITIATED BY: John D. Fitch, Assistant City Manager IT
James R. Williams, P.E., Director of Public Services
Annette R. Gonzalez, Sr. Management Analyst.
DATE: July 11, 1995
SUBJECT: Proposed Ordinance Reiulatini Solid Waste Recyclables.
Yard Waste and Other Compostables Handliml Services
BACKGROUND
On September 29, 1989, State Assembly Bill 939 (AB939) was signed into law. AB 939 requires
all municipalities to divert twenty-five percent (25%) of their solid waste from landfill disposal
through source reduction, recycling and composting by 1995, and to divert fifty percent (50%) by
the year 2000. In order to achieve this goal, most municipalities have implemented mandatory
curbside recycling programs.
In 1992, the Poway City Council adopted Ordinance No. 359 which made the collection of solid
waste and recyclables mandatory for all occupants of residential and commercial premises, and
implemented a mandatory curbside recycling program for residential premises. At the time, solid
waste collection and disposal services were carried out by five different solid waste management
companies.
In 1994 the City Council determined that the public health, safety, and well-being would best be
served by providing solid waste handling services by means of an exclusive franchise. Furthermore,
the City's ability to monitor and control its solid waste stream could be enhanced under an exclusive
franchise arrangement. Subsequently, the City awarded a bid for the City's solid waste and
recylclabes collection and disposal services to Mashburn Waste and Recycling Services and entered
into an exclusive franchise agreement which became operable on January I, 1995. The franchise
agreement imposes comprehensive procedures, reporting requirements, and standards for providing
service. all of which serve to benefit the Community and assist the City in meeting its state mandated
goals.
ACTION:
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Solid Waste Ordinance
July 11, 1995
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FINDINGS
The proposed ordinance repeals Chapter 8.68 of the Poway Mwricipal Code and replaces it with a
new Chapter 8.68 containing more comprehensive requirements and procedures for the collection
and disposal of solid waste, recyclables. yard waste and other compostables under an exclusive
franchise arrangement. The operational and reporting requirements of AB 939 are also incorporated
into this ordinance.
The proposed ordinance sets minimum standards for vehicle maintenance, employee performance,
collection operations, and customer service which must be met by the franchisee or the franchisee
will be found to be in violation of the Mwricipal Code and the franchise agreement.
There are also new provisions in the ordinance which address illegal scavenging, illegal
accumulation of materials, and illegal disposal on private property.
The proposed ordinance requires the occupants of commercial as well as residential premises to
recycle. It clearly states that all solid waste must be collected from residential premises and
commercial premises at least once per week, and it is declared to be unlawful and a misdemeanor
for the occupant of the above described premises to fail or neglect to provide for the removal of solid
waste or the reasonable separation of recyclables, yard waste and other compostables. It further
states that residential or commercial occupants may obtain an exemption to the mandatory collection
requirement only if they follow the application process established and implemented by the City and
only if they can provide proof-positive of their using an acceptable alternative to the franchise.
New provisions relating to special permits can be found in the proposed ordinance. The granting
of a special permit is limited to other service providers only when: i) the franchisee is unable to
provide service pursuant to Section 8.68.420; or ii) when customers require a special service the
franchisee currently does not provide pursuant to Section 8.68.430; or iii) when customers require
service that the franchisee cannot provide in an emergency pursuant to Section 8.68.440; or iv) the
other service provider is authorized to provide service for another governmental entity located within
the City pursuant to Section 8.68.610.
E~RONMENTALRE~EW
The proposed ordinance is Categorically Exempt under Section 15308 of the California
Environmental Quality Act.
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Solid Waste Ordinance
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FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
TIris item has been advertised in the Poway News Chieftain and, at the time this report was prepared,
staff had not received any public response. A copy of this report has been provided to Mashburn
WasteandRecyclingServices.. Coast Waste Management. Inc.
RECOMMENDATION
It is recommended that the City Council (1) introduce and hold first reading of the attached
ordinance regulating solid waste, recyclables, yard waste and other compostables handling
services, and (2) continue public hearing to August 1, 1995 regular meeting for second reading
and adoption.
Attachments: (I) Proposed Ordinance
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- ChlWter 8.68
SOLID WASTE MANAGEMENT
Sections:
1. GENERAL PROVISIONS
8.68.010 Findings and intent.
8.68.020 DefInitions.
8.68.030 Mandatory collection and disposal.
8.68.040 Accumulation of materials constituting a hazard prohibited.
8.68.050 Solid waste - Disposal in public places prohibited.
8.68.060 Solid waste generated off site - Placement in city waste containers prohibited.
8.68.070 Solid waste - Disposal on private property prohibited - Exception.
8.68.080 Solid waste - Interference with collection and scavenging prohibited.
8.68.090 Solid waste - Burying and Burning prohibited.
II. COLLECTION, STORAGE, PROCESSING, DISPOSAL
8.68.100 Residential solid waste collection services - Frequency.
8.68.105 Multi-family central collection services - Frequency.
8.68.110 Residential collection - Special services - Additional services to be provided.
8.68.120 Residential collection - HOUTS of collection.
8.68.130 Residential collection - Containers.
8.68.145 Residential collection - Placement of containers for collection.
8.68.150 Commercial collection.
8.68.155 Commercial collection services - Frequency.
8.68.160 Commercial collection - Additional services to be provided.
8.68.165 Commercial collection - HOUTS of collection.
8.68.170 Commercial collection - Solid waste containers.
8.68.175 Commercial collection - Placement of containers for collection.
8.68.180 City facilities collection services - Frequency.
8.68.185 Collection, transportation and disposal of solid waste.
8.68.190 Collection, transportation and disposal- Litter abatement.
8.68.195 Processing of solid waste.
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III. CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 (AB 939):
OPERATIONAL AND REPORTING REQUIREMENTS
8.68.200 Recycling programs.
8.68.210 Solid waste diversion.
8.68.220 AB 939 reporting requirements.
IV OPERATING STANDARDS
8.68.300 Vehicle and equipment standards.
8.68.305 Performance standards.
8.68.310 Collection standards.
8.68.315 Customer service standards.
8.68.320 Service complaints.
8.68.325 Review of performance and quality of service and industry changes.
8.68.330 Prohibited Collection and Transportation.
8.68.335 Contents of franchise agreement - Resolution of conflicts.
8.68.340 Franchisee franchise fee.
8.68.345 Assignment.
8.68.350 Subcontracting.
8.68.360 Revocation or suspension of franchise.
8.68.370 Rates.
8.68.375 Billing and collection of rates, fees and charges.
8.68.380 Failure or refusal to pay.
8.68.385 Collection of charges.
8.68.390 Payment under protest.
V. EXCLUSIONS
8.68.400 Scope of franchise - Exclusions.
8.68.410 Exclusions for recyclables.
8.68.420 Franchisee's inability to provide service.
8.68.430 Commercial collection - Franchisee's inability to provide specialized service.
8.68.440 Collection in emergencies.
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VI. SPECIAL PERMITS TO PROVIDE SERVICES
8.68.500 Prohibition.
8.68.510 Application.
8.68.530 Permit Requirements.
8.68.540 Permit Conditions.
VII. ADMINISTRATIVE REQUIREMENTS
8.68.600 Indemnification of city.
8.68.610 Exclusion for other government agencies.
8.68.620 Insurance.
8.68.630 Faithful performance security.
8.68.640 Penalty.
8.68.650 Severability.
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Ordinance No. 95-
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ORDINANCE NO. 95-
AN ORDINANCE OF THE CITY OF POW A Y, CALIFORNIA
REPEALING CHAPTER 8.68 OF THE POW A Y MUNICIPAL CODE AND ESTABLISHING
A NEW CHAPTER 8.68 OF THE POW A Y MUNICIPAL CODE REGULATING SOLID
WASTE, RECYCLABLES, YARD WASTE, AND OTHER COMPOST ABLE
MATERIALS HANDLING SERVICES
THE CITY COUNCIL OF THE CITY OF POW A Y DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 8.68 of the Poway Municipal Code is hereby repealed.
Section 2 Chapter 8.68 of the Poway Municipal Code is hereby adopted as follows:
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CHAPTER 8.68 SOLID WASTE MANAGEMENT
I. GENERAL PROVISIONS
8.68.010 Findinl:s and intent.
A. The City Council finds and determines as follows:
1. The City is responsible to protect its citizens against nuisances derived from solid
waste by providing solid waste handling services including, but not limited to, source reduction,
recycling, composting activities, and the collection, transfer and disposal of solid waste.
2. In order to meet the requirements of the California Integrated Waste Management
Act of 1989, including source reduction of the solid waste stream, diversion of solid waste from
landfills, and conservation of natural resources, it is necessary to regulate the collection of solid
waste from residential and commercial premises, and to require recycling of solid waste
materials.
3. The mandates of the Environmental Protection Agency and other regulatory
agencies, with respect to air pollution and traffic congestion management require the regulation,
and, where possible, reduction in the number of waste collection vehicles and vehicle trips which
cause the discharge of air contaminants and create air pollution.
4. A reduction in the number of heavy waste collection vehicles using the city streets
daily will reduce traffic hazards and congestion and promote safety.
5. The storage, accumulation, collection and disposal of solid waste, including, without
limitation, garbage, trash, debris and other discarded materials is a matter of substantial public
concern in that improper control of such matters may create a public nuisance, air pollution, fire
hazard, rat and insect infestation, and other problems affecting the public health, safety and
welfare.
6. Regulation of the collection of solid waste, recyclables, yard waste, and other
compostables in the city will provide the most orderly and efficient solution to such problems
and will promote the public health, safety and welfare.
7. The regulation of solid waste handling services in the city will also promote the
public health, safety and welfare by requiring the use of newer and safer vehicles, the regular
,- maintenance of such vehicles, and the reduction of spillage and litter in the public streets, by
establishing accountability for the cleaning of solid waste bins and containers, and by providing
for accountability to the public.
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8. The public health, safety and welfare will best be served by providing for an
exclusive franchise for residential and commercial solid waste and recyclable materials collection
services.
B. This chapter is enacted by the City Council pursuant to the following statutory
authorization and in order to accomplish the objectives set forth in this section:
1. Public Resources Code Section 40059 authorizes the city to determine (i) all aspects
of solid waste handling which are of local concern, including, but not limited to, frequency of
collection, means of collection and transportation, level of services, charges and fees, and nature,
location and extent of providing solid waste handling services; and (ii) that the services are to be
provided by means of an exclusive franchise. The City Council finds that the public health,
safety and well-being require that the services be provided by exclusive franchise, with or
without competitive bidding.
2. Public Resources Code Section 49300 provides that the city may, pursuant to such
terms and conditions as may be prescribed by its legislative body, contract for the collection or
disposal, or both, of garbage, waste, refuse, offal, trimmings, or other refuse matter.
3. It is the intent of this chapter to set forth terms and conditions pursuant to which
authorization may be granted by the City Council to provide solid waste handling services, and
to promote the public health, welfare and safety of the community by establishing reasonable
regulations relating to the storage, accumulation, collection and disposal of solid waste,
recyclables, yard waste and other compostables.
4. This chapter shall be construed in a manner consistent with all applicable federal and
state laws. If any federal or state agency shall hereafter exercise any paramount jurisdiction over
any specific provisions of this chapter, such paramount jurisdiction shall pre-empt only those
provisions hereof necessary and indispensable to the exercise of such paramount jurisdiction; all
other provisions hereof shall be severed from the provisions pre-empted and shall remain in full
force and effect. Modification of a federal or state law or regulation shall, to the extent
applicable to the city, be deemed a part of this chapter as of the effective date of such
modification.
8.68.020 Definitions.
For the purpose of this chapter, the following words and phrases shall be construed as hereafter
defmed, unless it is apparent from the context that a different meaning is intended by the
legislative body.
"Bulky Item" means stoves, refrigerators, water tanks, water heaters, washing
machines, broken or discarded furniture, rubbish and debris from building construction,
rocks, sod, earth and other bulky materials. Bulky items eligible for curbside pickup on
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normal collection days include items weighing no more than fifty (50) pounds, no longer
than four (4) feet in length, and no greater than three (3) feet in diameter. Larger items
will be collected, but only "on call" and at an additional, published, one-time expense.
"City" means the City of Po way, a municipal corporation of the State of California.
"City Council" means the Mayor and City Council of the City of Po way.
"City Manager" means the City Manager of the City of Po way or City Manager's
designee.
"CoUection" means the operation of gathering together within the city, and transporting
by means of motor vehicle to the point of disposal or processing, any solid waste
recyclables, yard waste, or other compostables.
"Commercial Occupant" means every owner of, and every tenant or person who is in
possession of or has the care and control of, a place of business.
"Commercial Premises" means all occupied real property in the city, except property
occupied by federal, state or local governmental agencies which d<1 not consent to their
inclusion, and except residential premises as defined in this section, and shall include,
without limitation, wholesale and retail establishments, restaurants and other food
establishments, bars, stores, shops, offices, industrial establishments, manufacturing
establishments, service stations, repair, research and development establishments,
professional services, sports or recreational facilities, construction and demolition sites,
and any other commercial or industrial business facilities, structures, sites, or
establishments in the city.
"Compostables" means organic wastes that are source separated from the solid waste
stream or which are separated at a centralized facility that can be biologically
decomposed under controlled, aerobic or anaerobic conditions to produce a product that
can be reused.
"Container" means any vessel, tank, receptacle, box or bin used or intended to be used
in the storage or collection of recyclable materials or in the process of recycling, or for
the purpose of holding solid waste for storage or collection.
"Contractor" means any person or business concern authorized by the city's special
permit or business license, separate from the exclusive franchise, to provide solid waste,
- recyclables, yard waste and other compostables collection and disposal services.
"Director of Public Services" means the Director of Public Services for the City of
Poway or Director's designee.
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"Disposal" means the management of solid waste through landfill disposal or
transformation at a permitted solid waste facility after the collection thereof.
"Disposal Site" means the permitted place, location, tract ofland, area or premises in
use, intended to be used, or which has been used, for the disposal of solid waste.
"Franchisee" means any person or business concern who has been awarded an exclusive
franchise by the city to provide residential and commercial/industrial solid waste,
recyclables, yard waste and other compostables collection services.
"Garbage" means all animal and vegetable refuse from kitchens and household waste
that shall have been prepared for, or intended to be used as, or shall have resulted from
the preparation of food; all table refuse; and every accumulation of animal and vegetable
refuse that attends the preparation, consumption, decay, dealing in or storage of meats,
fish, fruits or vegetables.
"Hazardous Waste" means a waste, or combination of wastes as defined by federal or
state guidelines, which because of its quantity, concentration, or physical, chemical or
infectious characteristics, may do each of the following: (i) cause, or significantly
contribute to, an increase in mortality or an increase in serious irreversible, or
incapacitating reversible, illness; (ii) pose a substantial present or potential hazard to
human health or environment when improperly treated, stored, transported, or disposed
of, or otherwise managed.
"Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and
such other waste as may hereafter from time to time be designated as such by the
Environmental Protection Agency (EPA) or other agency of the United States
Government, or by the California Legislature or any agency of the state of California
empowered by law to classify or designate waste as hazardous, extremely hazardous or
acutely hazardous.
"Holiday" means the following holidays: New Year's Day; Memorial Day; Independence Day;
Labor Day; Thanksgiving Day; Christmas Day, and President's Day. "Holiday" also means any
other day designated as such in a contract between a contractor and the labor union serving as the
exclusive representative of said contractor's employees, provided such holiday is established or
recognized by the city.
"Household Hazardous Waste" means those wastes resulting from products purchased by the
general public for household use which, because of their quantity, concentration, or physical,
chemical, or infectious characteristics, may pose a substantial known or potential hazard to
human health or the environment when improperly treated, disposed, or otherwise managed.
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"Local Agency" means any county, city or district having the authority to provide solid waste
handling services either by the agency itself or by authorizing or permitting other local agencies
or solid waste enterprises to provide solid waste handling services.
"Person" means an individual, firm, limited liability company, association, partnership political
subdivision, govemment agency, municipality, industry, public or private corporation, or any
other entity whatsoever.
"Recyclable" means recyclable materials and refers to materials generated on or emanating from
residential or commercial premises and no longer useful or wanted thereon that are separated
from other types of solid waste, or collected separately from other types of solid waste and made
available for reuse, or which may be used as raw material in the manufacture of new products.
The following materials are currently recyclable: glass bottles and jars - any food or beverage
container (excluding dishware, ceramics and chemical containers); aluminum cans, foil, pie tins
and similar items; steel or bi-metal cans not to exceed one gallon size; PET - plastic soda bottles
or other bottles with the designated "PET" symbol; HOPE - plastic milk and water bottles with
the designated "HOPE" symbol (excluding detergent or bleach bottles); newspaper; cardboard-
separated and not having waxed surfaces; mixed paper including magazines, junk mail, catalogs,
paper bags, and telephone books; computer printout (excluding carbon); and white ledger - white
bond paper, office paper, white envelopes (excluding coated paper); and such additional
materials as the City Manager may designate from time to time.
"Refuse" means garbage, commercial garbage and rubbish, excepting therefrom hazardous or
bulky items.
"Residential Occupant" means every owner of, and every tenant, or person who occupies or is
in possession of or has the care and control of, residential premises.
"Residential Premises" means each place used for residential purposes for a single family,
including, without limitation, multiple unit residential complexes, such as rental housing
projects, condominiums, apartment houses, mixed condominiums and rental housing, and mobile
home parks. No places used primarily for business purposes shall be considered as a residential
unit.
"Rubbish" means combustible and non-combustible solid waste.
"Solid Waste" means all putrescible and non-putrescible solid, semi-solid, and liquid wastes,
including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and
construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-
solid wastes.
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"Solid waste" does not include hazardous waste or low-level radioactive waste regulated under
Chapter 7.6 (commencing with Section 25800) of Division 20 of the Health and Safety Code.
"Solid Waste" does not include medical waste which is regulated pursuant to the Medical Waste
Management Act (Chapter 6.1 (commencing with Section 25015) of Division 20 of the Health
and Safety Code), provided that the medical waste, whether treated or untreated, is not disposed
of at a solid waste facility. Medical waste which has been treated and which is deemed to be
solid waste shall be regulated pursuant to this chapter.
"Solid Waste Management Facility" means the operations premises of a duly licensed solid
waste handling operator who receives, stores, transfers, or otherwise processes wastes as an
activity incidental to the conduct of a solid waste collection and disposal business in accordance
with regulations adopted pursuant to Section 43309 of the California Public Resources Code.
"Solid waste management facility" includes a solid waste transfer or processing station, a
composting facility, a transformation facility, and a disposal facility.
"Source Separated" means the segregation, by the generator, of materials designated for
separate collection for some form of materials recovery, recycling. or special handling.
"Waste Diversion" means to divert solid waste, in accordance with all applicable federal, state
and local requirements, from disposal at solid waste landfills or transformation facilities through
source reduction, recycling or compo sting.
"Waste Generator" means any person whose act or process produces solid waste, or whose act
first causes solid waste to become subject to regulation.
"White Goods" means kitchen or other large enameled appliances which includes, but is not
limited to, refrigerators, washers, and dryers.
"Wood Wastes" means solid waste consisting of wood pieces or particles which are generated
from the manufacturing or production of wood products, harvesting, processing or storage of raw
wood materials, or construction and demolition activities.
"Yard Waste" means green waste or any wastes generated from the maintenance or alteration of
public, commercial, or residential landscapes including, but not limited to, yard clippings, leaves,
tree trimmings, prunings, brush and weeds.
8.68.030 Mandatory separation of recyclables. collection and disposal of solid waste and
recvclables.
A. Mandatorv collection and disposal of solid waste and recvclable materials. All solid waste created,
produced or accumulated in or about residential premises or commercial premises in the city shall be
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mandatorily collected from the residential premises and commercial premises at least once per week.
The San Diego County Health Department may require more frequent collections. Every residential
occupant and commercial occupant shall use the services of the franchisee having the exclusive franchise
for collecting solid waste, recyclables, yard waste and other compostables. No residential occupant or
commercial occupant shall enter into an agreement for residential solid waste collection services or
commercial solid waste collection services with a person other than the exclusive franchisee, except as
specified otherwise in this chapter. It is declared to be unlawful and a misdemeanor for the occupant of
any of the above described premises to fail or neglect to provide for the removal of solid waste, or the
reasonable separation of recyclables, yard waste and other compostables as required herein. Each day's
violation of this section shall be treated and considered as a separate and distinct offense.
B. Exemptions. An exemption to the mandatory collection requirement of this section shall be
granted upon application by the residential occupant or commercial occupant with sufficient proof of use
of a city-approved solid waste and recyclables collection 'alternative. Said exemption shall be obtained
in accordance with the process established and implemeqted by the city. All exemptions shall be subject
to renewal annually. Those who have been granted exe:ftions may, from time to time, be required to
provide proof-positive of their using an acceptable altern tive to the franchise. An individual property
owner's or tenant's failure to provide sufficient proof of uIse of a city-approved solid waste and recyclable
materials collection alternative shall be a violation of this section.
8.68.040 Accumulation of materials constitutinl: a har:ard prohibited.
It is unlawful for any person to create, or allow to be created or maintained upon any premises in the
city. owned, occupied or managed by such person, any aqcumulation of materials that are dangerous as a
fire menace or hazard to the public health, safety or welfare.
8.68.050 Solid waste - Disposal in public places proh~.
It is unlawful for any person to place, dump, deposit or t!jrow any solid waste, recyclables, yard waste,
compostables, or other refuse or debris of any kind or c~ter whatsoever upon or along the right-of-
way of any public highway, street, lane, alley or upon an other public place within the city.
Dumping, depositing, or throwing any solid waste, recyc\ables, yard waste, compostables, or other
refuse or debris of any kind or character whatsoever, outside the city and in an unauthorized manner may
be subject to prosecution by that jurisdiction's authority. I
8.68.060 Solid waste eenerated off site - Placement inl citv waste containers probibited.
City waste containers are placed in city parks and other public areas for the use of the public to control
trash, litter and garbage which is generated at their respective location. Such waste containers are not to
be used as disposal sites for trash or rubbish which is generated off site. It is unlawful for any person to
place, dump, deposit or throwaway solid waste, recyclables, yard waste, or other refuse or debris of any
kind or character whatsoever in city waste containers if such was generated at a location other than
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where the waste container is located.
8.68.070 Solid waste - Disposal on private propertv prohibited - Exception.
It is unlawful for any person to place, dump, deposit or throwaway any solid waste, recyclables, yard
waste or other refuse or debris of any kind or character whatsoever, upon any private property adjacent
or abutting upon any public highway. or public place, or upon any private property whatsoever, within
the city unless such person first obtains the permission of the owner of such property to do so. It is
unlawful for such person to deposit or place such materials in any waste container owned or used by the
owner of such property unless such person first obtains the permission of the owner to do so. It is
further unlawful for such persons to co-mingle their solid waste materials with that of another thereby
avoiding payment for solid waste and recycling services under the franchise.
8.68.080 Solid waste - Interference with collection and scavena:jnr prohibited.
It is unlawful for any person other than the franchisee to interfere in any manner with any container or
receptacle containing solid waste, recyclables, yard waste or other refuse or debris of any kind or
character, or the contents thereof, or to remove any such container from the location where the same was
placed by the owner thereof or the occupant of the property, or to remove the contents of any such
container.
8.68.090 Solid waste - Buryinlr and Buminlr prohibited.
It is unlawful for any person to burn or bury any solid waste, recyclables, yard waste or other
compostables as a means of disposing of said solid waste, recyclables, yard waste or other compostables.
II. COLLECTION, STORAGE, PROCESSING, DISPOSAL
8.68.100 Residential solid waste collection services - Frequency.
Franchisee shall collect and deliver to the appropriate solid waste facility, not less frequently than once
per week, all solid waste, recyclables, yard waste, and other compostables generated at single- and multi-
unit residential premises within the city and placed for collection. Rates (fee) shall be established for
"life-line" single can (not to exceed forty (40) gallons or fifty (50) pounds) general rubbish collection
service. Single can customers shall place all rubbish within a single customer- (or franchisee-) provided
can. A second rate (fee) for unlimited can/bag general rubbish collection service shall be established for
all other residential customers.
Service to residential customers shall also include an annual community clean-up event for
nonhazardous materials. The date for the community clean-up event shall be determined and announced
by the City Council.
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Recyclable materials shall be sorted by residents in containers provided by the franchisee and placed at
the curb - except as otherwise specified in the franchise agreement or this chapter. It is declared to be
unlawful and a misdemeanor for the occupant to fail or neglect to reasonably and routinely separate
recyclables as required herein. Occupants of residential premises shall be required to bundle and tie all
wood waste in lengths not to exceed four (4) feet with a diameter of three (3) feet. Franchisee shall also
include the collection and recycling, at no additional charge, oftelephone books and Christmas trees.
The city may, at its discretion, add other materials to be recycled at any time during the term of the
franchise agreement.
8.68.105 Multi-familv central collection services - FreqJlency.
Franchisee shall provide weekly pick-up of solid waste, recyclables, yard waste and other compostables
at central locations on the complex premises from standard bins for multi-family residential premises
where bills for service are sent to a complex owner, central manager, or association. Additional pick-ups
(unscheduled) shall be made available as requested by the complex management. Multi-family residents
shall be provided one container to place within their unit for commingled recyclables. Multi-family
residents shall further sort recyclables into centrally located containers. The city may, at its discretion,
add other materials to be recycled during the term of the franchise agreement.
Where multi-family, centrally billed customers fmd it convenient to their residents and acceptable to the
franchisee, curbside collection of general refuse and recyclables can be provided similar to the service
provided to single-family residential premises. Rates (fees) may be adjusted to accommodate the offset
in administrative expense not borne by the franchisee under this centrally billed arrangement.
8.68.110 Residential collection - Special services - Additional services to be provided.
A. Franchisee shall provide special on-call collection and disposal service of bulky items, and special
roll-out "scout" services for those residents requesting such services at such rates as may be established
and approved in the franchise agreement.
B. Special bin service and special container service shall be made available to all customers on the
same basis as that provided to commercial customers under Section 8.68.160.
C. On one day (usually coinciding with Earth Day) of each calendar year during the term of the
franchise agreement, when such is declared by the City Council to be part of an annual clean-up
campaign, the franchisee shall coordinate an annual clean-up event at designated sites throughout the
city to accept and remove from residential customers items such as, but not limited to, the following:
furniture - chairs, sofas, mattresses. rugs, etc.; appliances - washers, dryers, water heaters, plumbing
fixtures, refrigerators, TV's, small household appliances, etc.; residential wood waste - tree branches.
scrap wood, etc. Franchisee's obligations and the determination of materials to be collected or
specifically excluded from collection shall be delineated in the franchise agreement. This annual clean-
up event will be conducted at no cost to the customer (except that a surcharge may be applied to the
drop-off disposal of refrigerators or other appliances containing freon or similar contaminants). Those
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residents exempted from using the mandatory franchise service as described in Section 8.68.030 B., are
not eligible to participate in the "free" clean-up event nor are residents from outside the city.
8.68.120 Residential collection - Hours of collection.
Unless the City Council determines and directs otherwise, the franchisee shall not allow the collection of
any solid waste, recyclables, yard waste or other compostables to be made except between the hours of
7:00 a.m. and 6:00 p.m. within or near residential areas, and only Monday through Friday. Collection
may be made on Saturday if a holiday occurs within the preceding week or if inclement weather
precludes collection on a weekday. There shall be no pickup on Sundays.
8.68.130 Residential collection - Containers.
Until implementation of any automated service program as may be later directed, the standard size
container for residential services shall not exceed forty (40) gallons, unless otherwise agreed to by the
City Council. The combined weight of the container and contents shall not exceed fifty (50) pounds
unless the container is designed and franchisee equipped for mechanical lifting. Franchisee shall affix to
every metal or plastic waste container which no longer holds solid waste, recyclables, yard waste, or
other compostables without spilling or leaking, a bilingual, Spanish/English red tag advising that such a
container is unsuitable for presenting solid waste, recyclables, yard waste, or other compostables for
collection and the continued use of that container will result in its disposal. All cartons and boxes used
to contain solid waste will be disposed of along with their contents.
8.68.145 Residential collection - Placement of containers for collection.
--'''',~T~..-'- Occupants and owners of residential premises shall set out or place containers for the collection of solid
waste, recyclables, yard waste or other compostables as follows:
A. Proper placement of containers. Any container or receptacle for the purpose of storage and
removal of solid waste, recyclables, yard waste and other compostables shall be placed at the curb in
front of the owned or occupied premises, there to be collected by the franchisee; provided that the
franchisee may designate some other location for the placement of containers and receptacles when such
placement will expedite collection.
B. Improper placement of containers. No residential owner or occupant shall place, or permit to be
placed, any solid waste, recyclables, yard waste, or other compostables containers in any public highway
or in any place or in any manner other than herein above provided. Any containers and materials not
properly placed for collection shall be tagged by the franchisee with a Spanish/English red tag
explaining the reason for non-collection.
C. Timinll of placement and removal of containers. Residential owners or occupants shall not place
containers for solid waste, recyclables, yard waste or other compostables for collection at any time other
than the days established by the franchisee, and then, no earlier than sunset of the day preceding the day
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designated for collection. All containers for solid waste, recyclables, yard waste and other
compostables shall be removed from the place of collection prior to midnight of the day the containers
have been emptied. Residents shall be mindful (and the franchisee shall make periodic announcements
to confirm) that services are not provided on certain recognized holidays and that service normally
scheduled for that holiday will be provided the following normal working day.
D. R~air and replacement. Each owner or occupant of residential premises shall provide reasonable
supervision over the containers for solid waste, recyclables, yard waste and other compostables on the
premises and shall maintain the same in a sanitary condition. Franchisee shall repair or replace all
customer-owned residential containers damaged by collection operations - normal wear and tear
excluded. If the containers or receptacles should not be emptied and the contents removed on the date
and time scheduled by the franchisee, occupant shall immediately notify the franchisee and it shall be
the duty of the franchisee to forthwith arrange for the collection and disposal of the solid waste, yard
waste, and other compostables, and/or collection of recyclables. However, should the owner or occupant
fail to place the materials at the designated location in time for regular collection, the franchisee is not
obligated to make a special, separate collection for the convenience of the occupant and may require
payment of an additional fee for such late collection.
8.68.150 Commercial collection.
Franchisee shall collect and dispose of all solid waste, recyclables, yard waste and other compostables
generated and presented for collection at each commercial premises in conformity with the provisions of
this chapter, except as otherwise provided in this chapter. Any such collection and disposal shall be in
accordance with all applicable federal, state, and local laws and regulations and any controlling permit or
franchise agreement between the franchisee and the city.
8.68.155 Commercial collection services - Frequency.
Franchisee shall collect and deliver to the appropriate solid waste management facility all solid waste,
recyclables, yard waste, and other compostables generated by customers at commercial premises within
the City who have contracted for services and delivered their materials to a bin or otherwise properly
placed for collection; service shall be provided not less than once per week.
Franchisee may subcontract with commercial firms (subcontractors) to collect and dispose of waste
materials which franchisee is not licensed to remove and which present specialized problems. Such
collections shall be performed with suitably licensed collection/disposal firms in accordance with
Section 8.68.350.
Service to commercial customers shall include providing suitable bins for the collection and disposal of
-- general refuse according to a frequency as individually contracted by the customer. This service shall
also include collection and recycling of green waste, aluminum, newspaper, glass, plastic, metal cans,
cardboard, mixed paper, and office ledger paper. The city may, at its discretion, add other materials to
be recycled during the term of the franchise agreement. The franchisee shall provide consultative
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services, at no additional charge, to commercial, industrial and multi-family (central collection bins)
customers to assist in setting up effective recycling and waste minimization programs.
8.68.160 Commercial collection - Additional services to be provided.
A. Special bin service. Three (3) cubic yard bins and roll-off containers shall be made available to
customers on a rental basis for one-time, short-term requirements.
B. Special container service. Bins and containers shall be offered to customers on special or regular
service with locking lid set-up.
8.68.165 Commercial collection - Hours of collection.
Collection at commercial premises shall be permitted beginning at 6:00 a.m. provided that there are no
complaints from residents about the early morning noise disruption. Commercial collections may
continue until 6:00 p.m. and shall be allowed Monday through Saturday.
8.68.170 Commercial collection - Solid waste containers.
Franchisee shall provide bins and debris boxes for storage of solid waste which shall be designed and
constructed to be water tight and prevent the leakage of liquids. All containers with a capacity of one (l)
cubic yard or more shall meet applicable federal regulations on solid waste bin safety. All containers
shall be painted the franchisee's standard color and shall prominently display the name and telephone
number of the franchisee in letters and numbers no less than two and one-half (2 1/2) inches high.
Similarly, the words "Serving the City of Po way" shall be displayed beneath the franchisee's name.
franchisee shall not place the city's logo on its containers.
To attain certain economies, some customers may request specialized services such as compactors, roll-
off, or custom-built containers, etc. The sale, lease, rental of such equipment, or their provision by the
customer, may be negotiated by the latter and the franchisee. Information relating to any such
agreements shall be forwarded to the Director of Public Services.
A. Cleanin~. paintin". maintenance. Once every twelve months franchisee shall replace, clean or
repaint all commercial containers as needed so as to present a clean appearance. In addition, franchisee
shall do the same upon forty-eight (48) hours oral notice by the Director of Public Services. franchisee
shall maintain all containers in a functional condition and shall remove graffiti immediately.
B. Re.pair and replacement. Franchisee shall repair or replace all customer-owned non-residential
containers damaged by collection operations - normal wear and tear excluded.
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8.68.175 Commenial collection - Placement of containers for collection.
Every commercial occupant shall provide a solid waste container location on the commercial premises
and shall keep said area in good repair, clean and free of refuse outside of the container. Container
enclosures shall be provided when required by the City's zoning ordinance and shall be of sufficient size
to accommodate recycling as well as solid waste bins. Franchisee shall remove any solid waste or litter
that is spilled or deposited on the ground as a result of the franchisee's emptying of the container or other
activities of the franchisee. Upon collection of solid waste by the franchisee, all containers shall be
replaced, upright, where found, with the lids closed. Containers shall be properly returned to enclosures
where applicable. No person shall in any manner, break, damage, roughly handle or destroy containers
placed on the premises of a commercial occupant.
8.68.180 City facilities collection services - Frequen&;y.
At no cost to the city, franchisee shall collect and dispose of all solid waste, recyclables, yard waste, and
compostables generated at premises owned and lor operated by the city, including all city parks and bus
stops, or as otherwise designated by the city. Franchisee shall make collections from cans Monday
through Friday or on Saturdays following non-working holidays at the frequency set out in the franchise
agreement. The city may request bins, pickup and disposal or diversion for up to six (6) community
events per year sponsored at least in part by the city. In addition, franchisee shall pick up any bulky
items discarded on or along city right-of-way, open space or other city property within twenty-four (24)
hours of oral request from the city.requesting such service. The City will exhaust all other avenues so as
to limit such requests, but estimates that such items amount to no more than fifteen (15) 40-cubic yard
containers annually.
8.68.185 Collection. transportation and disposal ofsolid waste.
Franchisee shall be obligated to provide the lawful collection, transportation, and disposal of solid waste
from within the city to a permitted disposal site within the County of San Diego, consistent with the
policies, goals, procedures and requirements of the San Diego Solid Waste Management Authority
(the"Authority"), of which Ci is a member, and which controls the flow of all solid waste in the city.
However, city reserves the ri t, upon a determination that the public interest requires a collection,
transportation, or disposal p gram different from what franchisee has established, to direct franchisee to
change its collection, transpo tion, or disposal program, including but not limited to the location of the
disposal site. City shall sele the most cost-effective facility, including tipping fees, operating and
hauling costs, consistent with fulfilling all of franchisee's other obligations under the franchise
agreement.
8.68.190 Collection. transportation and disposal- Litter abatement.
- Minimization of spills. Franchisee shall use due care to prevent solid waste, recyclables, yard
A.
waste, and other compostables from being spilled or scattered during the collection or transportation
process. If any solid waste, recyclables, yard waste, and other compostables are spilled during
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collection, the franchisee shall promptly clean up all spilled materials.
B. Clean up. During the collection transportation process, the franchisee shall clean up litter in the
immediate vicinity of any solid waste, recyclables, yard waste, and other compostables storage area
(including the areas where collection bins and debris boxes are delivered for collection) where the
materials have been spilled or deposited on the ground as a result of the franchisee's emptying of the
container or other activities of the franchisee. The franchisee shall discuss instances of repeated spillage
not caused by it directly with the customer responsible and will report such instances to the city. The
city shall attempt to rectify such situations with the customer if franchisee has already attempted to do
so without success.
C Coverin~ of lo~tl.. Franchisee shall cover all open transportation equipment, including debris
boxes and compactor openings, during transport from one collection region of the city to another (over
major arterials), to the disposal site or any processing facility. No material shall be transported to the
disposal site or any processing facility in vehicle hoppers.
8.68.195 Processinv ofsolid waste.
Subject to the requirements of Section 8.68.185, franchisee, prior to disposal, may direct any or all
portions of the waste collected under the franchise agreement to a landfill, material recovery,
compo sting, transformation or any other permitted solid waste processing facility, for processing of any
materials contained therein. The City reserves the right to designate such a facility or may disapprove
franchisee's choice. Franchisee shall identify loads suitable for processing at material recovery,
composting, transformation or any other solid waste processing facilities, and modify routes or storage
and collection procedures, as directed by the Director of Public Services, to increase the quality or
recoverability of materials generated by customers.
III. CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 (AB 939):
OPERATIONAL AND REPORTING REQUIREMENTS
8.68.200 Recyclinl provams.
The franchisee shall maintain existing residential curbside recycling and yard waste collection programs
until such time the franchisee develops and the City Council approves an equivalent or improved
recycling program. Should the city determine that under its California Recycling Market Development
Zone (RMDZ) designation, recyclable materials should be provided exclusively for sale to a business or
industry that uses said recyclables in a remanufacturing process and is located within the RMDZ, the
city may direct franchisee to make said recyclables exclusively available to such business or industry.
Documented financial losses (if any) resulting from such direction of the city may be considered through
negotiations for rate adjustment.
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In addition to residential curbside and commercial recycling programs, franchisee shall develop and,
following city council approval, implement programs to achieve the goals of the AB 939 Source
Reduction and Recycling Element (SRRE) including, but not limited to: Public recycling bins for a
limited number of parks, apartments, commercial areas or other strategic community areas to be
provided without charge to the city; city hall recycling program; debris box materials; commercial
cardboard; bar and restaurant glass; complete commercial green waste; office paper and other business
recycling; school recycling program, including education, containers and pick-up; and
recycling/diversion at the source. --
8.68.210 Solid waste diversion.
Franchisee shall guarantee to the city that the diversion requirements of applicable state and federal law
will be fully satisfied at all times during the term and any extended term of the franchise agreement.
8.68.220 AB 939 ~portin~ reqJ1irements.
To assist the city in its planning to meet the requirements of AB 939 as it presently exists and as it may
be amended from time-to-time, franchisee shall submit to the Director of Public Services monthly
reports on the amount of disposal and diversion tonnages - separated into product components - and
totaled among the sources of generation; and an annual Waste Disposal and Diversion report based upon
daily records to be submitted by the 31st of January (and at other times as may be requested). These
reports and other documents containing information that is required for AB 939 documentation
submittals to the California Integrated Waste Management Board (CIWMB) shall be periodically
reviewed for thoroughness and usefulness. All reports shall be adequate to meet the city's reporting
requirements to the CIWMB, and to the County of San Diego (or other local jurisdiction) throughout the
term of the franchise agreement.
IV. OPERATING STANDARDS
8.68.300 Vehicle and equipment standards.
A. General. Franchisee shall provide a fleet of collection vehicles sufficient in number and capacity
to perform efficiently the work required by the franchise agreement in strict accordance with its terms.
All such vehicles shall have water-tight bodies designed to prevent leakage, spillage or overflow. All
such vehicles shall comply with the noise abatement requirements of this chapter.
B. Specifications. All vehicles used by franchisee in providing solid waste, recyclables, yard waste
and other compostables collection services shall be registered with the California department of Motor
Vehicles and shall meet or exceed all legal standards. Franchisee shall maintain all of its collection
vehicles in compliance with the provisions of the California Vehicle Code. Routine inspections by the
California Highway Patrol shall be required annually on all vehicles, and certificates for said inspection
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shall be filed with the Director of Public Services.
C. Vehicle identification. Franchisee's name, local telephone number, and a unique vehicle
identification number designed by franchisee for each vehicle shall be prominently displayed on all
vehicles, in letters and numbers no less than two and one-half (2 1/2) inches high. Similarly, the word
"Serving the City of Po way" shall be displayed beneath the franchisee's name. Franchisee shall not
place the city's logo on its vehicles. The Director of Public Services reserves the.right to reinspect any
and all collection vehicles with a 24-hour notice.
D. Cleaninll' and maintenance. Franchisee shall maintain all of its properties, facilities, and equipment
used in providing service under the franchise agreement in a safe, neat, clean and operable condition at
all times. All trucks, trailers, and other conveyances or equipment, including bins, used to collect, haul,
and transport solid waste, recyclables, yard waste and other compostables shall at all times be kept clean,
in good repair, and well and uniformly painted, to the satisfaction of the Director of Public Services.
8.68.305 Performance standards.
A. General. Franchisee shall furnish such qualified drivers, mechanical, supervisory, clerical and
other personnel as may be necessary to provide the services required by the franchise agreement in a safe
and efficient manner.
B. Driver Qualifications. All drivers shall be trained and qualified in the operation of collection
vehicles and must have in effect a valid license, of the appropriate class, issued by the California
Department of Motor Vehicles. The franchisee shall furnish photostat copies of the licenses for all
vehicle operators.
C. Identification badie. Franchisee shall require its drivers, and all other employees who come into
contact with the public, to wear a badge as a means of identifying the employee.
D. Safety trainini. Franchisee shall provide suitable operational and safety training for all of its
employees who utilize or operate vehicles or equipment for collection of solid waste, recyclables, yard
waste, and other compostables or who are otherwise directly involved in such collection. Franchisee
shall train its employees involved in solid waste, recyclables, yard waste, and other compostables
collection to identify, and not to collect, hazardous or infectious waste.
E. No IP1ltuities. Franchisee shall not permit its employees to demand or solicit, directly or indirectly,
any additional compensation or gratuity from members of the public for the collection of solid waste,
recyclables, yard waste, and other compostables under the franchise agreement.
F. Employees llPpearance and conduct. All employees, while engaged in the collection or gathering
of solid waste, recyclables, yard waste, and other compostables within the city, shall be attired in
suitable and acceptable uniforms which are subject to approval by the Director of Public Services.
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Franchisee shall use its best efforts to assure that all employees present a neat appearance and conduct
themselves in a courteous manner. Franchisee shall regularly train its employees in customer courtesy,
shall prohibit the use of loud or profane language, and shall instruct collection crews to be perform the
work as quietly as possible. If any employee is found not to be courteous or not to be performing
services in the manner required by this chapter, franchisee shall take all appropriate corrective measures.
G. Provision of field supervision. Franchisee shall designate one qualified employee as on-site
supervisor offield operations who shall be equipped with a vehicle and mobileJckphone. The field
supervisor will devote all of his or her time in the field, within the City of Poway, checking on collection
operations, coordinating improvements to service, resolving field problems, and responding to
complaints of customers either in person or by telephone. The field supervisor shall be expected to
respond to complaints within two (2) working hours and to correct field deficiencies within one (1)
working day.
8.68.3]0 Collection standards.
A. Care of private prqpet1y. Reasonable care shall be used by the franchisee's employees in handling
all privately owned collection containers and enclosures, and all damage caused by the negligence or
- carelessness of the franchisee's employees shall be promptly adjusted with the owner thereof. All
collection containers after emptying thereof by the franchisee's employees shall be returned to within
five (5) feet of the location from which the same were picked up by the franchisee's employees, upright
with lids properly placed to insure same
are not deposited in any driveway, sidewalk, or street. Franchisee shall ensure that its employees close
all gates opened by them in making collections, unless otherwise directed by the customer, and avoid
crossing landscaped areas and climbing or jumping over hedges and fences. City shall refer complaints
about damage to private property to franchisee.
B. ~. All solid waste, recyclables, yard waste, and other compostables collection operations shall
be conducted as quietly as possible and shall conform to applicable federal, state, county and city noise
level regulations. The city may conduct random checks of noise emission levels to ensure such
compliance. Franchisee will promptly resolve any complaints of noise to the satisfaction of the Director
of Public Services.
C. Record of non-collection. When any solid waste, recyclable, yard waste or other compostable
material deposited for collection is not collected by the franchisee because it fails to meet the
requirements of the Poway Municipal Code or the franchise agreement, franchisee shall leave a bilingual
Spanish/English red tag (provided at franchisee's cost) at least 3" x 6" in size, on which franchisee shall
indicate the reasons for refusal to collect the solid waste, recyclables, yard waste, or other compostables,
giving reference to the section of the Municipal Code or to the section of the franchise agreement which
has been violated, and which gives grounds for franchisee's refusal as well as the franchisee's address,
- phone number and business hours. This information shall either be in writing or by means of a check-
list system. Contractor shall tag those containers where recyclables are not routinely separated and
notify the City who will take further action.
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In addition thereto, franchisee shall maintain, at the franchisee's place of business, a log book listing all
complaints and taggings. Said log book shall contain the names and addresses of parties involved, date
of such complaint or tagging, nature of same and date and manner of disposition of each case. Such log
shall be kept so that it may conveniently be inspected by the Director of Public Services upon request.
Such log shall be retained for at least two (2) years after the last entry. The Director of Public Services
may request this log at any time.
8.68.315 Customer service standards. --
A. Publiclcustomer service and accessibility.
1. Office location - Franchisee shall provide a business office available to its customers for
purposes of carrying out its obligations under the franchise agreement.
2. Office hours - Franchisee's office shall be open to the public from 8:00 a.m. to 5:00 p.m.
Monday through Friday. The office may be closed on Saturdays and Sundays and those holidays
recognized by the franchisee. The franchisee shall notify the Director of Public Services of the holidays
recognized by the franchisee.
3. Availability of representatives - A representative of the franchisee shall be available at the
franchisee's office during office hours to communicate with the public in person and by telephone. A
suitable drop box or collections mechanism shall be provided in the franchisee's office for the receipt of
payments.
4. Telephone - Franchisee shall maintain a toll-free telephone system in operation at its office at
all times. Franchisee shall install telephone equipment, and have available service representatives
sufficient to handle the volume of call typically experienced on the busiest days. Telephone service
shall be provided from 8:00 a.m. to 5:00 p.m. Franchisee shall also maintain an after hours telephone
number for use during other than normal business hours. Franchisee shall have a representative or voice
mail available at said after-hours toll-free telephone number during all hours other than normal office
hours. If customers are unable with reasonable effort to reach contract's office by phone, or are subject
to waiting time "on hold" of more than two (2) minutes prior to reaching a customer service
representative, the Director of Public Services may require that franchisee install additional telephone
lines or hire additional customer service representatives.
The Director of Public Services and Director of Safety Services Department shall be provided
with an emergency phone number.
5. Consumer information - The City Manager may direct franchisee to prepare bilingual
information cards containing information about the amounts of solid waste which will be collected,
times for special collection events, curbside recycling and household hazardous wast drop-off programs,
collection schedules, rates and complaint procedures. Franchisee shall distribute such information cards
to the occupants of all residential and commercial premises. Information cards shall be revised and
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distributed if there is any material change in the information and, in any event, whenever a new customer
is first billed. Information cards shall also be mailed to city residents upon request and shall be provided
to the Poway Chamber of Commerce in quantities required by the Poway Chamber of Commerce.
Franchisee shall submit printer's proofs of the infonnation cards to the Director of Public Services prior
to distribution and will incorporate city's comments in the final version distributed to the public.
8.68.320 Service complaints.
Franchisee shall maintain a written log of all oral and written service complaints registered with the
franchisee from customers within the city. Franchisee shall be responsible for the prompt and courteous
attention to, and prompt and reasonable resolution of, all customer complaints. Franchisee shall record
in a separate log all written and oral complaints, noting the name and address of complainant, date and
time of complaint, nature of complaint, and nature and date of resolution. This complaint log shall be
retained by the franchisee for at least one (1) year after the last entry. The Director of Public Services
may review the log at any reasonable time.
Franchisee shall respond to all complaints from customers within two (2) hours and correct deficiencies
within twenty-four (24) hours, weekends and holidays excluded. In particular, if a complaint involves a
,- failure to collect solid waste, recyclables, yard waste, and other compostables from a premises, required
by the franchise agreement, franchisee shall collect the solid waste, recyclables, yard waste and other
compostables in question within such twenty-four (24) hour period, provided it has been delivered for
collection in accordance with this chapter.
8.68.325 Review of performance and quality of service and industry cbanlles.
At the City Council's sole option, with sixty (60) days written notification to the franchisee, it may
conduct a public hearing at which the franchisee shall be present and shall participate, to review the
franchisee's perfonnance and quality of service and to provide for technological and regulatory changes.
The reports required by this chapter and the franchise agreement regarding customer complaints shall be
utilized as one basis for review. In addition, any customer may submit comments or complaints during
the review meetings, either orally or in writing, and these shall be considered. Such hearings may be
scheduled by the City Council at its discretion throughout the tenn of the franchise, but not more often
than annually.
Within thirty (30) days after the conclusion of the public hearing, the City Council shall issue a report
with respect to the matters raised at the hearings. If any noncompliance with the franchise if found, the
Director of Public Services may direct the franchisee to correct the inadequacies in accordance with the
tenns of this chapter and the franchise agreement. Any change in scope of services or equipment shall
be reflected in an amendment to the franchise agreement.
V. FRANCHISE REGULATIONS
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8.68.330 Prohibited Collection and Transportation.
A. No person shall collect or transport solid waste, recyclables, yard waste, or other compostables
within the boundaries of the city unless such person has been granted a franchise therefor or a permit
pursuant to Section 8.68.510, or the waste or material is excluded pursuant to Section 8.68.400.
B. No person shall allow, permit, or enter into any agreement to allow or permit another person to
collect or transport solid waste, recyclables, yard waste or other compostables within the boundaries of
the city unless the person collecting or transporting the waste or material has btieit- granted a franchise
therefor or a pennit pursuant to Section 8.68.510, or the waste or material is excluded pursuant to
Section 8.68.400.
8.68.335 Contents of franchise atp"eement - Resolution of conflicts.
A. The terms and provisions of any franchise agreement for solid waste, recyclables, yard waste and
other compostables collection services may contain those requirements, conditions, policies and
procedures as may be mutually agreed upon by the parties to the franchise agreement and which will, in
the judgment and discretion of the City Council, best serve the public interest and protect the public
health, safety and welfare.
B. In the event of any conflict between the franchise provisions of a franchise agreement which is
authorized and approved by the City Council and the provisions of this chapter, the provisions of the
franchise agreement shall control.
8.68.340 Franchisee franchise fee.
Franchisee shall pay a franchise fee in an amount determined by resolution of the City Council or
established in the franchise agreement authorizing the collection of solid waste, recyclables, yard waste
and other compostables.
8.68.345 Assimment.
Except as provided in Section 8.68.030 B, franchisee shall not assign its rights nor delegate or otherwise
transfer its obligations under the franchise agreement to any other person without the prior written
consent of the City. Any such assignment without the consent of the City shall be void and the
attempted assignment shall constitute a material breach of the franchise agreement. For purposes of this
Section, "assignment" shall include, but not be limited to (i) a sale, exchange or other transfer of
substantially all of the franchisee's assets dedicated to service under the franchise agreement to a third
party; (ii) a sale, exchange or other transfer of fifty percent (50%) or more of the outstanding common
stock of franchisee; unless the change results merely in one of several proof owners increasing his or her
ownership; (iii) any reorganization, consolidation, merger recapitalization, stock issuance or re-
issuance, voting trust, pooling agreement, escrow arrangement. liquidation or other transaction to which
franchisee or any of its shareholders is a party which results in a change of ownership or control of fifty
28 of 38 JUL 11 1995 ITEM b '.
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Page 22
percent (50%) or more of the value or voting rights in the stock of franchisee unless the change results
merely in one of several prior owners increasing his or her ownership; and (iv) any combination of the
foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such
transfer or change of ownership. For purposes of this section, the term "proposed assignee" shall refer to
the proposed transferee( s) or other successor( s) in interest pursuant to the assignment.
If franchisee requests City's consideration of and consent to an assignment, the City Council may deny
or approve such request in its complete discretion. No request by franchisee fOI.consent to an
assignment need be considered by City Council unless and until franchisee has met the following
requirements:
1. Franchisee shall undertake to pay City the amount, as determined by the Director of Public
Services, of its reasonable direct and indirect administrative expenses, including but not limited to
consultant costs and attorney's fees, investigation costs necessary to investigate the suitability of any
proposed assignee, and to review and finalize any documentation required as a condition for approving
any such assignment;
2. Franchisee shall furnish Director of Public Services with audited financial statements of the
-- proposed assignee's operations for the immediately preceding three (3) operating years;
3. Franchisee shall furnish Director of Public Services with satisfactory proof:
(i) that the proposed assignee has at least five (5) years of solid waste management
experience of a scale equal to or exceeding the sale of operations conducted by franchisee
under the franchise agreement;
(ii) that in the last five (5) years, the proposed assignee has not suffered any citations or other
censure from any federal, state or local agency having jurisdiction over its waste management
operations due to any significant failure to comply with state, federal or local waste
management laws and that the assignee has provided the Director of Public Services with a
complete list of such citations and censures;
(iii) that the proposed assignee has at all times conducted its operations in an environmentally
safe and conscientious fashion;
(iv) that the proposed assignee conducts its solid waste management practices in accordance
with sound waste management practices in full compliance with all federal, state and local
laws regulating the collection and disposal of waste, including hazardous waste as identified
in Title 22 of the California Code of Regulations; and
(v) of any other information required by the Director of Public Services to ensure the
proposed assignee can fulfill the terms of the franchise agreement in a timely, safe and
effective manner.
29 of 38 JUL 11 1!95 ITEM .6 .
Ordinance No. 95-
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Any application for a franchise transfer shall be governed by the following conditions: Any application
for a franchise transfer shall be made in a manner prescribed by the Director of Public Services. The
application shall include a deposit in an amount determined by the Director of Public Services sufficient
to meet the costs identified above. Additional bills in excess of the amount deposited shall be supported
with evidence of the expense or cost incurred. The applicant shall pay such bills within thirty (30) days
of receipt. Any such amounts are over and above any franchise fee specified in the franchise agreement.
8.68.350 Subcontractine. - --
Franchisee shall not engage any subcontractors for collection of solid waste, recyclables, yard waste, or
other compostables without the prior written consent of the Director of Public Services. Subcontracted
collections shall require complete documentation of services provided including materials collected and
disposal site, and shall specify that the City of Poway shall suffer no liabilities for said collections and
disposals. Said liabilities shall be fully the responsibility of the generator (customer industrial or
commercial firm) and the licensed collectorldisposer of the materials. All of the requirements of
Sections 8.68.600 and 8.68.620 of this chapter shall apply to subcontractors.
8.68.360 Revocation or suspension of franchise.
A. City m~ terminate. A franchise may be terminated at the option of the City Council in the event
there is a change of ownership of any kind or nature of the operating company, unless approval therefor
has been obtained in writing from the city. If it is determined by the City Manager following an
inspection of the franchisee's place of business, after reasonable notice to the franchisee that the operator
or manager has not complied with the provisions of this chapter and all other applicable statues,
ordinances, rules and regulations of the state and city, the City Manager shall notify the franchisee in
writing of noncompliance and shall order compliance within thirty (30) days. If noncompliance is not
corrected, the City Council, after a hearing, shall be empowered to revoke or suspend the franchise, or
take other action as the council shall determine.
B. Notice ofhearini - revocation. The City Manager shall mail notice of a hearing to revoke a
franchise to the collector not less than fifteen (15) days prior to such hearing. In the event of the
revocation of a franchise, the City Manager shall notify the franchisee in writing of the reasons for the
revocation. Such notification may be made in person or by mail.
C. Apneals. Within fifteen (15) calendar days after notice by the City Manager of revocation of a
solid waste franchise has been sent to the franchisee, the franchisee may file with the City Clerk an
appeal of such decision to the City Council
D. Council action. The City Council may either affirm the action of the City Manager. send the
matter back to the City Manager for further consideration, or set the matter for hearing by the City
Council. If the City Council sets the matter for hearing, it shall base its action upon the standards
delineated in Section 8.68.360 A. Notice of such hearing shall be sent to the franchisee not less than
fifteen (15) days prior to the hearing.
3UL 11 1995 ITEM b ..
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Ordinance No. 95-
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E. Interim susnension. The City Manager, without a hearing, may suspend a franchise for not more
than sixty (60) days, if the City Manager fmds that continued operation by the franchisee will constitute
a threat to the public health, safety, or general welfare.
8.68.370 Rates.
The City Council may, by resolution, establish rates to be charged to residential ilCcupants and to
commercial occupants for the collection of solid waste, recyclables, yard waste and other compostables.
Every commercial occupant and residential occupant shall pay the rates established from time to time by
the City Council for collection services rendered pursuant to this chapter and in the manner set forth in
Section 8.68.375. Following City Council approval of a rate adjustment, the franchisee shall provide
immediate written notice to customers of rate changes, which notice may be provided with, or as part of
regular billing.
8.68.375 Dillinr and collection of rates. fees and cha~es.
A. The billing and collection of the rates, fees and charges authorized by the city council for
residential and commercial solid waste, recyclables, yard waste and other compostables collection
services shall be the responsibility of the franchisee. The franchisee shall neither charge nor collect any
swn or swns in excess of, or in addition to, the amounts specified by resolution or in the franchise
agreement for any solid waste, recyclables, yard waste and other compostables collection services. The
city shall be under no obligation to collect or enforce collection of any sums due to the franchisee for
services rendered under the franchise agreement except as may be specifically provided in the franchise
agreement or in this chapter, and franchisee shall release the city from any and all liability for the
payment of any swn or swns which may become due to the franchisee for the collection or removal of
solid waste, recyclables, yard waste, or other compostables under the terms of the franchise agreement.
B. The franchisee shall bill residents no less frequently than on a quarterly basis. The franchisee shall
have the right to bill and collect for its services in advance of the rendering of services, but shall refund
any unused portion equal to one month or more of the amount collected in the event of disruption,
revision, or termination of the services or when residential premises are vacant for at least a one month
period and prior notice of such vacancy has been given to the franchisee. Termination of services as
referred to in this paragraph shall refer to customer requested termination of service pursuant to
relocations, extended absences, etc.
8.68.380 Failure or refusal to PllY.
Should a residential customer or commercial customer fail or refuse to pay the rates, fees and charges
established in accordance with the provisions of the franchise agreement and this chapter, then the
franchisee shall. after forty-five (45) days delinquency, notify the customer of its intent to terminate
service for reason of nonpayment. A copy of the notification shall be provided to the Director of Public
JUL 11 1995 ITEM b .
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Ordinance No. 95-
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Services. Should payment remain delinquent after sixty (60) days, a second notification, with copy to
the Director of Public Services, shall be issued to the customer specifying the exact date that service will
be discontinued. Services terminated due to nonpayment of collection fees may be reinstated with the
payment of the delinquent amount(s) plus a reinstatement charge as specified in the franchise agreement.
Customers may, on an individual basis, request annual or monthly payment schedules, and the
franchisee shall work in good faith with individual customers to reasonably satisfy such requests.
If the City Council determines and declares that the non-collection of solid was!e,_recyclables, yard
waste and other compostables from a residential premises or a commercial premises may be a threat to
the public health, safety and welfare, and which condition is declared to be, if permitted to exist, a public
nuisance, the City Manager shall direct the franchisee to make collection, and the city shall utilize
remedies available to obtain compliance and recover the expenses and charges of collection, including
penalties. The franchisee shall continue to collect solid waste, recyclables, yard waste and other
compostables when directed to do so by the City Manager even though there be non-payment.
8.68.385 Collection of chartes.
All costs incurred by the city arising from nonperformance of any of the requirements of this chapter by
an owner or occupant or property and paid by the city to the franchisee shall be recoverable by the city
and charged against the property from which the solid waste, recyclables, yard waste and other
compostables was collected. The City Manager shall notify all parties concerned of the costs of any
such collection by directing a letter to the occupant at the address shown on the latest tax roll. Any such
notice shall be given a least ten (10) days prior to a public hearing. The City Council shall conduct the
public hearing, determine if a nuisance exists, and review and approve an assessment against the
property for the costs incurred in abating the public nuisance. If the total assessment determined and
confirmed by the City Council is not paid within ten (10) days after the determination by the City
Council, then there shall be recorded in the Office of the County Recorder a statement of the total
balance due together with the legal description of the property affected. From and after the date of such
recording, the balance due shall be a special assessment against the parcel plus a city administrative fee
that shall be set by the City Council from time to time. The assessment shall be collected at the same
time and in the same manner as county taxes are collected, and shall be subject to the same penalties and
to the same procedure and sale in case of delinquency as provided for in ordinary county taxes. All laws
applicable to the levy, collection, and enforcement of county taxes shall be applicable to such special
assessment.
8.68.390 Payment under protest.
Any residential occupant or commercial occupant who has been billed for service and desires to contest
the extent or degree or reasonableness of the charge billed, shall make payment of such charges under
protest and, at the same time, file a written statement of such protest with the City Manager. Within
thirty (30) days after date of filing, the City Manager shall notify the protesting occupant of the findings
and adjudication and adjustment in the matter. The decision of the City Manager may be appealed by
32 of 38 JUL 11 1995 nEII 6 ..
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Page 26
any person upon submittal of an appeal fee that shall be set by the City Council from time to time. Such
appeal shall be directed to the City Council whose determination, in regular meeting, shall be final. The
appeal fee shall be refunded to the protesting occupant in those cases where the City Council finds in
favor of the protest. Nothing provided herein shall authorize the City Council to set rates charged by the
franchisee.
V. EXCLUSIONS
_h
8.68.400 SCQpe Qf franchise - Exclusions.
The franchise granted to Franchisee shall be exclusive except as to the following categories of solid
waste, recyclables, yard waste and other compostables listed in this section. The granting of a franchise
shall not preclude the categories of solid waste, recyclables, yard waste and other compostables listed
below from being delivered to or collected or transported by others, provided that nothing is intended to
or shall be construed to excuse any person from obtaining any authorization from the city which is
otherwise required by law:
1. Yard waste and other compostables removed from a premises by a gardening, landscaping, or
tree trimming contractor as an incidental part of total service offered by that contractor rather than as a
hauling service.
2. By-products of sewage treatment, including sludge, grit and screening.
3. Residue or non-processable waste from solid waste disposal facilities including material
recovery, composting and transformation facilities.
4. Household hazardous waste and hazardous waste.
5. Auto parts and bodies, liquid waste, manure and rocks, sod concrete and similar materials.
6. Solid waste exempted pursuant to Section 8.68.030 B of this chapter.
8.68.410 Exclusions for recyclables.
The provisions of this chapter shall not preclude residential or commercial occupants or owners from
disposing of recyclable materials through other recycling methods, provided that such residential or
commercial occupants shall nonetheless pay the recycling service fee of franchisee. The provisions of
- this chapter shall not preclude or prohibit the city or any officer or employee thereof or any public entity
delegated the ability to do so by the city from itself collecting. removing, disposing or diverting of
solid waste. recyclables, yard waste, and other compostables in the regular course of their respective
JUL 11 1995 ITEM h "~
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Ordinance No. 95-
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duties as such officers or employees; notwithstanding, the City shall be responsible for reporting all such
diversion.
8.68.420 Franchisee's inahility to provide service.
If, at any time during the effective period of an exclusive franchise agreement, a customer of the
franchisee requests from the franchisee a collection service that is not defmed in the franchise agreement
as a special pick-up service which the franchisee cannot render within two full working days from the
date of the customer's initial request for service, the Director of Public Services reserves the right to
direct such customer to seek such service from another provider who can provide such collection service
pursuant to a special permit issued by the city for such collection services.
8.68.430 Commercial collection - Franchisee's inability to provide specialized service.
If, at any time during the effective period of an exclusive franchise agreement, a commercial customer of
the franchisee requests a specialized collection and recycling service that the franchisee is not equipped
or licensed to provide, or for which the franchisee has not subcontracted to provide, the Director of
Public Services reserves the right to allow another provider to provide such collection service pursuant
to special permit issued by the city for such collection services, until such time the franchisee is
equipped and licensed to provide such service, or until such time the franchisee has subcontracted with a
suitably licensed provider to provide such service.
8.68.440 Collection in emel'llencies.
In emergencies such as work stoppages, the breakdown of equipment, a natural disaster, or other
unforeseen or unpreventable circumstances, or when in the judgment of the City Manager the
preservation of the public health and safety justifies such action, the City Manager may issue a special
permit to one or more persons other than the franchisee to perform any of the services covered by this
chapter, subject to such reasonable fees, charges and conditions as the City Manager shall establish.
Such fees, charges, and conditions in effect under this section for any period exceeding fifteen (15) days
duration shall be approved by the City Council.
VI. SPECIAL PERMITS
8.68.500 Probibition.
No person shall provide any solid waste collection or transportation services for which a special permit
is required by the chapter without first obtaining the special permit.
8.68.510 Apolication.
JUL 11 1995 ITEM .6
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Ordinance No. 95-
Page 28
Application for a special pennit shall be made in writing to and on the fonn provided by the Director of
Public Services. The application shall be subject to the approval of the City Manager. The terms of a
permit shall be for one year. Renewals of the permit shall be for periods of one year.
8.68.530 Permit Reql1irements.
The permittee shall comply with the following:
- --
I. The collection and transportation requirements of Sections 8.68.100 through 8.68.195,
inclusive.
2. The operating standards of Sections 8.68.300 through 8.68.325, inclusive.
3. The indemnification and insurance provisions of Sections 8.68.600 and 8.68.620.
4. The franchise fee (permit fee) for such special permit in an amount determined by resolution
of the City Council.
--- 8.68.540 Permit Conditions.
Each special permit shall be expressly limited to the provision of services to:
1. Customers of the franchisee when the franchisee is unable to serve pursuant to Section
8.68.420;
2. Customers of the franchisee requiring special services not provided by the franchisee
pursuant to Section 8.68.430; or
3. Customers of the franchisee in an emergency pursuant to Section 8.68.440; or
4. Other governmental agencies pursuant to Section 8.68.610.
VII. ADMINISTRATIVE REQUIREMENTS
8.68.600 Indemnification of city.
A. Indemnification I!enerally. Separate and distinct from any insurance or liquidated damages
provisions found in the franchise agreement, franchisee shall defend, with counsel to be agreed upon by
.- both parties, indemnify, and hold hannless the city and its agents, officers, servants, and employees from
and against any and all claims, demands, damages, liabilities, costs or expenses for any damages or
injuries to any person or property, including but not limited to. injury to franchisee's or city's employees,
JUL 11 1995 ITEM .6 . r~
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Ordinance No. 95-
Page 29
agents or officers which arise from or are connected with or are caused or claimed to be caused by acts
or omissions of city, franchisee, or their agents, officers or employees, in the preparation, bidding,
execution, administration, or performance of the franchise agreement, or in performing the work or
services therein, and all costs and expenses of investigating and defending against same; provided,
however, that franchisees duty to indemnify and hold harmless shall not include any claims or liability
arising from the negligence or intentional tort of the city, its agents, officers or employees, determined
by a court of competent jurisdiction.
- -.
B. HR7"rclnus materials indemnification_ Franchisee shall indemnify, defend, with counsel to be
agreed upon by both parties, protect and hold harmless city, its officers, employees, agents, assigns and
any successor or successors to city's interest from and against all claims, actual damages (including but
not limited to special and consequential damages), natural resources damages, punitive damages,
injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes
of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses
(including but not limited to attorneys and expert witness fees and costs incurred in connection with
defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid,
incurred or suffered by, or asserted against, city or its officers, employees, or agents arising from or
attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal,
remedial, response, closure or other plan (regardless of whether undertaken due to government action)
concerning any hazardous substance or hazardous wastes at any disposal or processing facility where
solid waste is or has been transported, transferred, processed, stored, disposed of or has otherwise come
to be located by franchisee or its activities pursuant to the franchise agreement resulting in a release of
any hazardous substance into the environment. The foregoing indemnity is intended to operate pursuant
to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act,
"CERCLA", also known as "Superfund" 42, V.S.C. Section 9607(e), and California Health and Safety
Code Section 25364, to defend, protect, hold harmless and indemnify city from all forms ofliability
under CERCLA, other statutes, or common law for any and all matters addressed in this provision.
8.68.610 Exclusion for other lovemment lleencies.
The provisions of this chapter shall not require the collection or transportation by the franchisee of solid
waste, recyclables, yard waste, or other compostables generated within the city by any school district,
special district, or agency of county, state, or federal government, provided that any person collecting or
transporting such waste or material shall obtain a special permit therefor pursuant to the terms of this
chapter. It shall be unlawful for any person to collect or transport such waste or material in the city
without first obtaining a special permit.
8.68.620 Insurance.
A. Franchisee shall maintain limits of insurance no less than:
1. Comprehensive general liability: $5,000,000 combined single lirnit per occurrence for bodily
injury and property damage.
36 of 38 JUL 11 1995 ITEM 6 ~
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2. Automobile liability: $5,000,000 combined single limit per accident for bodily injury and
property damage.
3. Workers' compensation and employers liability: Worker's compensation limits as required
by the Labor Code of the State of California.
B. Any significant deductibles or self-insured retention must be declared to and approved by the city's
risk manager. At the option of the city's risk manager, either: the insurer shall TJ:d].1Ce or eliminate such
deductibles or self-insured retentions as respects the city, its officials, employees, agents or volunteers;
or the franchisee shall procure an additional letter of credit or bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
C. Franchisee shall comply with all other insurance requirements delineated in the franchise
agreement.
8.68.630 Faithful performance seeuritv.
Upon execution of a franchise agreement, franchisee shall file with the city clerk an Irrevocable Letter of
^.-- Credit payable solely to the City of Poway, in the amount of at least $100,000 and a surety bond for the
balance to a total of$500,000, both of which shall be immediately available to the city in the event of
any failure of the franchisee to well and faithfully perform all of its duties and obligations under the
franchise agreement or to provide full service in accordance with the terms of the franchise agreement.
Such funds shall be available to city upon the city's unilateral determination of default, and prior to a
judicial determination of default. The bond shall be issued by a surety admitted to do business in the
State of California. The letter of credit shall be issued by a local bank.
8.68.640 Penaltv.
Violation of any of the provisions of this chapter shall be punishable by imprisonment in accordance
with the provisions of Chapter 1.08 of this Code.
8.68.650 Severahilitv.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining portions, which shall be
severed and continue in full force and effect. The City Council hereby declares that it would have
passed this chapter and each section, subsection, clause, and phrase thereof irrespective of the fact that
anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional, and would have passed and adopted the same even though any parts, sections,
subsections, sentences, clauses, or phrases that may be held invalid had been omitted therefrom.
37 of 38 JUL 11 1995 ITEM 6
Ordinance No. 95-
Page 31
Section 3 This chapter shall take effect and be in force on August 25, 1995, and the City Clerk of the
City of Poway is hereby authorized to use summary publication procedures pursuant to Government
Code Section 36933 utilizing the Powav News-Chieftain, a newspaper of general circulation published
in the City of Po way.
Introduced and first read at a regular meeting of the City Council of the City of .po.way, held the 11 th day
of July 1995, and thereafter PASSED and ADOPTED at a regular meeting of said City Council held the
I st day of August 1995 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
JUL 11 1995 ITEMh 1
38 of 38
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. JUL-11-9S TUE 13: 08 WHITE&BRIGHI FAX N~ 6197475574 P. 02/03
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UltCHALi.Yt<~ Io'lTC\llNEY~ AT LAW
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July 11, 199&
Sent bv Facsimile to 440-4907
Stephen M. Eckis, Esq.
MoDOUGAL, LOVE, ECKIS & GRINDLE
460 N. MagnOlia Ave., Drawer 14156
rr Cajon, CA 92020
Re: Citv of Powav Ordinanc. RAt!ulatino ~olid WAste
Ch8nt~r 8 flR
Dear Mr. ECkis:
Back In April of this year when we discussed the situation InVOlving Coast
Waste Management and the City 01 Powoy'. requcnfor fran<ihilie fea, yvu informed
me that YOu were in the process of rewriting the City', solid waste ordinance. You
advis<ld me that I would have the oPlXlrtunltv to reylewand comment on those parl.6
ot the ordinance potentially aHeeting Coast Waste Management's provision of services
to the Poway Unified School District. Unfortunately, this never happened. My first
knowledge of the proposed language of the Ordinance came in late last week when
a copy was mailed to my client.
There are various problems with the Proposed Ordinance as it is currently
written. not the least of which is that it amounts to flow control WhiCh Is Illegal.
Additiol"lolly, I cig",bt tnllt the oppliclltign gf the Proposed Ordinance as it applies 10
.Special Permittees" is what was Intended, The Proposed Ordinance would ~eriol1sly
inlerfere with the ability of COBal Weste Management to fulfill its contractual
obligations to the Powav Unified School District for the price agreed to. I do n01
believe thi'lT the City has "the right to Interfere with the School Distric("s, u "ther
independent government agency's right to do business with the solid wute h.;ndling
service of their choice.
aiL 111995 ITEM 6 ,. ~
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- 1~IH J 35 TlJE 13: 09 WHlTE&BRIGHT
FAX NO. 6197475574 P. 03/03
Stephen M. EckiS, Esq.
McDOUGAL, LOVE. ECKIS &. GRINDl.E
JUlY 11. 1995
Page Two
For all of the above reuons, the propose<! Ordinance as written dOllS not
comply with the lew. I hope thet the City Counoil will oonslder po&tponlng thl;: readIng
of the Ordinance This evening so that the opportunity for discussion prior to finalil:iltion
of the Ordinanoe that wa$ promised to me elln take place. Plaase submiT a oopy of
tnls letter to lhe CItY Council this evening.
Very truly yours,
~'TE ANQ 8RIGHT
L~Ra~
LAR:mc
co; Client
..~...'2UolC.'1..o
JUL 111995 ITEM .6
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July 11, 1995 lj'Lf L,
Mr. James R Williams
Director of Public Services
City of Poway_
P. O. Box 789
Powoy, CA 92074-0789
Dear Mr. Williams:
It has come to our attention that at the forthcoming City Council Meeting there
will be a first reading of a proposed ordinance regulating solid waste refArring to
City Municipal Code 8.68.
In your correspondence with the District regarding our contract with Coast Waste
Management you point out that we are the only exception to the exclusive City of
Poway franchise with Mashburn Waste & Recycling Services. We are
disappointed that the City of Poway has not given us any notice of this ~roposed
change, since it will obviously affect the Poway Unified School District
Prior to the second reading of this ordinance we would appreciate en opportunity
to meet with you to diSCUSS this matter.
Sincerely
.Q,.~ .
Ron Wise, Director of Purchasing
cc: A. J. Abbott, Assistsnt Superintendent
James L. Bowersox, City Manager
3UL 111995 ITEM .6 TOT~!l P.11l2 ,
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