Ordinance 2886r r'
CITY OF ALAMEDA ORDINANCE NO. 2886
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEALING
AND REPLACING CHAPTER XXI (SOLID WASTE AND RECYCLING)
BE IT ORDAINED by the City Council of the City of Alameda that:
Section 1. Chapter XXI (Solid Waste and Recycling) of the Alameda Municipal Code
is repealed and replaced to read as follows:
CHAPTER XXI
>"
w SOLID WASTE AND RECYCLING
z
i- • ARTICLE L DEFINITIONS
la 21 -1 DEFINITIONS..
N.
ti ARTICLE EL GENERAL REGULATIONS
V 21 -2 COLLECTION AND REMOVAL.
21-3 . PROHIBITED ACTS.
21-4 RESERVED.
21-5 RESERVED.
21-6 RESERVED.
21 -7 RESERVED.
214 RESERVED.
21-9 RESERVED.
21 -10 RESERVED.
21 -11 RESERVED.
21 -12 RESERVED.
21 -13 RESERVED.
121 -14 RESERVED.
21 -15 RESERVED.
21 -16 RESERVED.
21 -17 RESERVED.
21 -18 RESERVED.
21 -19 RESERVED.
ARTICLE III. FRANCHISE AGREEMENTS
21 -20 FRANCHISE AGREEMENTS.
ARTICLE IV. PERMIT SYSTEM
21 -21 PERMIT REQUIREMENTS.
21 -22 PERMIT REVOCATION.
10 -28 -02 Revision
Page 1 of 32
ARTICLE V. FRANCHISEE'S AND PERMTTTEE'S OBLIGATIONS
21 -23 FRANCHISEE'S AND PERNIITTEE'S OBLIGATIONS.
ARTICLE VI. WASTE MANAGEMENT PLANS
21 -24 WASTE MANAGEMENT PLANS.
10 -28-02 Revision Page 2 of 32
ARTICLE I. DEFINITIONS
21 -1 DEFINITIONS.
As used in this section:
Appliances shall mean discarded household appliances such as refrigerators, stoves, clothing
washers and dryers, water heaters, dishwashers, etc., and similar items discarded by occupants of
residential premises.
Bin shall mean a container with capacity of one to eight (1 to 8) cubic yards, with hinged lid and
wheels.
Bulky items shall mean discarded appliances, fumiture, tires, carpets, mattresses, and similar large
items that require special collection due to their size, but can be collected without the assistance of special
loading equipment (such as forklifts or cranes) and without violating vehicle load limits. Bulky items do
not include abandoned automobiles.
C&D Applicant means any person that undertakes a Project subject to WMP requirements
pursuant to subsection 21 -24.1 of this chapter.
Can shall mean a ten (10) gallon plastic container with a lid.
Cart shall mean a recycled - plastic container with a hinged lid and wheels serviced by an
automated or semi- automated loading truck with varying capacities of twenty (20), thirty -two (32), sixty -
four (64) or ninety-six (96) gallons, or another size approved by the Public Works Director.
City Manager shall mean the City Manager of the City of Alameda or his/her designated
representative; Public Works Director shall mean the Public Works Director of the City of Alameda or
his/her designated representative; Building Official shall mean the Building Official of the City of
Alameda or his/her designee; Risk Manager shall mean the Risk Manager of the City of Alameda or
his/her designee.
Commercial shall mean of from, or pertaining to any property upon which business activity is
conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing and
industrial operations, but excluding businesses conducted upon residential property which are permitted
under applicable zoning regulations and are not the primary use of the property.
Compactor shall mean a mechanical apparatus that compresses materials. Compactors include
two (2) to four (4) cubic yard bin compactors serviced by front -end loader collection trucks and six (6) to
fifty (50) cubic yard debris boxes serviced by collection trucks.
Construction or construction and demolition shall mean construction, erection, enlargements,
alteration, renovation, conversion, or movement of any building, structure, paving, or land and any other
demolition attendant thereto.
Construction and demolition debris or C &D debris shall mean used or discarded materials
removed from residential, commercial, or industrial premises as a consequence of construction.
1 -2-03 Revision Page 3 of 32
Conversion Rate means a rate set forth in the standardized Conversion Rate Table approved by
the Public Works Director pursuant to Section 21 -24 for use in estimating the volume or weight of
materials identified in a Waste Management Plan.
Container shall mean cans, bins, carts, compactors, and debris boxes.
Curb (or curbside) shall mean the placement of a container for pick -up, where such container is
placed within the public right of way but not within the public street, or sidewalk, in a manner that would
obstruct vehicular, pedestrian, or bicycle travel. Where no curb exists, the container shall be placed in the
location agreed upon by the City and the Franchisee in the franchise agreement.
Customer shall mean the person to whom franchisee and/or permittee shall submit billing
invoices and from whom it shall collect payment for collection services provided to a premises generating
solid waste, recyclable materials, organic materials and receiving collection services from the franchisee
and/or permittee. The customer may be the occupant or owner of the premises, provided that the owner of
the premises shall be responsible for payment of collection services in the event an occupant of a
premises, who is identified as the customer with respect to the owner's premises, fails to mace such
payment.
Debris box shall mean an open -top container with a capacity of six (6) to fifty (50) cubic yards
that is serviced by a roll -off truck
Decibel (dm shall mean a unit for measuring the amplitude of sounds, equal to twenty (20) times
the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference
pressure, which is twenty (20) micropascals.
Disposal site shall mean a facility for ultimate disposal of solid waste.
Diversion Requirement means the diversion of at least fifty percent (50%) of the total
Construction and Demolition Debris generated by a Project via reuse or recycling, unless a C&D
Applicant has been granted an Infeasibility Exemption pursuant to section 21-24, in which case the
Diversion Requirement shall be the maximum feasible diversion rate established . by the Public Works
Director for the Project.
E-scrap item or electronic scrap item shall mean discarded electronic equipment including, but
not limited to, television sets, computer monitors, cathode ray tubes, central processing units (CPUs),
laptop computers, external computer hard drives, computer keyboards, computer mice, computer printers,
DVD.players, CD players, stereos, radios, and VCRs.
Food Waste shall mean solid food wastes that will decompose and/or putrefy and includes, but is
not limited to, all kitchen and table food wastes and animal or vegetable waste that attends or.results from
the storage, preparation, cooking or handling of food stuffs, and paper wastes contaminated with food
waste.
Franchise Agreement means an agreement with a Franchisee as defined in subsection 21 -20.1 of
this chapter.
Franchisee shall mean the person to whom the City shall have granted a franchise to collect,
receive, carry, haul or transport solid waste, recyclable materials, and organic materials within the City,
and shall include the agents or employees of the Franchisee.
10 -28 -02 Revision Page 4 of 32
Hazardous waste shall mean all substances defined as hazardous waste, acutely hazardous waste,
or extremely hazardous waste by the State of California in Health and Safety Code §25110.02, §25115,
and §25117 or in future amendments to or recodifications of such statutes and all substances identified
and listed as Hazardous Waste by the U.S. Environmental Protection Agency (EPA), pursuant to the
Federal Resource Conservation and Recovery Act (42 USC §6901 elm.), _ee.), all future amendments thereto,
and all rules and regulations promulgated thereunder. Hazardous waste excludes minimal quantities of
waste of a type and amount normally found in residential solid waste after implementation of programs
for the safe collection, recycling, treatment and disposal of household hazardous waste in compliance
with Sections 41500 and 41802 of the California Public Resources Code, as amended from time to time.
Medical waste shall mean all materials defined as medical waste in the California Health and
Safety Code Section 25023.2, excluding waste identified as not being medical waste in Section 25023.5
and 25023.8, or the regulations promulgated thereunder, as amended from time to time.
Multl family shall mean any residential complex, with five (5) or more units used for residential
purposes irrespective of whether residence therein is transient, temporary or permanent. Multi family
premises includes yacht harbors and marinas where residents live aboard boats. Multi-family premises
include condominiums and cooperative apartments with five (5) or more units. Such premises shall have
centralized solid waste, recyclable'materials, and organic materials collection service for all units on the
premises, which service shall be billed to one (1) customer at one (1) address.
Multiplex shall mean any residential complex, with two (2) to four (4) units used for residential
purposes irrespective of whether residence therein is transient, temporary or permanent. Multiplex
premises include condominiums and cooperative apartments with two (2) to four (4) units. Such premises
shall have individual solid waste, recyclable materials, and organic materials collection service for each
unit on the premises, but may be billed to one (1) customer at one (1) address or to each individual unit.
Occupant shall mean a person who occupies a premises.
Owner shall mean the person or persons holding record title to the premises as reflected in the
latest property tax assessment roll made available by the Alameda County Assessor's Office.
Organic materials shall mean solid wastes originated from living organisms that will decompose
and/or putrefy. Organic materials which have been approved for collection by the Public Works
Director include both yard.waste, and food waste such as, but not limited to, green trimmings, grass,
weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces, types of organic yard waste, vegetable waste, fruit waste, grain waste, waste, '
waste, facial tissue, paper contaminated with food waste or otherwise not accepted waste, the recyclable
fish
materials collection ecepted if the recedlabld
program, pieces of unpainted and untreated wood, and pieces of unpainted and
untreated wallboard. No discarded material shall be considered to be organic materials, however, unless
such material is separated from solid waste and recyclable materials. Organic materials such as, but not
limited to, grass cuttings, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead frees
may not exceed six (6) inches in diameter and four (4) feet in length. Organic materials are included
within the term recyclable materials. -
Permittee shall mean any person authorized by a City permit to collect construction and
demolition debris, recyclable materials, or organic materials pursuant to Article IV of this chapter.
Person shall mean a person, firm, association, partnership, joint venture, corporation or any
entity, public or private in nature.
10 -28-02 Revision
Page 5 of 32
-
Premises shall mean any land or building in the City where solid waste, recyclable materials, or
organic materials are generated or accumulated including each single - family unit, multi -plex unit, multi-
family complex, and business establishment.
Project means any activity involving construction that requires issuance of a permit under the
zoning, building and other ordinances of the City.
Recyclable materials shall mean non - hazardous residential, commercial or industrial materials or
by- products which have been approved for collection by Public Works Director and which are set aside,
handled, packaged, or offered for collection in a manner different than solid waste, for the purpose of
being reused or processed and then returned to the economy in the form of commodities. Recyclable
materials include, but are not limited to, newspaper (including inserts, coupons, and store
advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs,
brown paper bags, brown paper, paperboard, paper egg cartons, phone books, grocery bags, colored
paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal and other similar food
boxes); chipboard; corrugated cardboard; paper milk cartons; glass containers (including brown, clear,
and green glass•bottles and jars); aluminum (including beverage containers, foil, food containers, small
pieces of scrap metal); small pieces of scrap metal weighing less than ten (10) pounds and fitting into the
recyclable materials collection container steel, tin or bi -metal cans; plastic containers (nos. 1 to 7);
aseptic beverage boxes; empty steel paint cans (previously used for latex paint), used motor oil, used oil
filters, small appliances, and aerosol cans.
Recycling shall mean the process. of sorting, cleansing, treating, and reconstituting recyclable
materials that would otherwise be disposed of at a disposal site and returning them to the economy in the
form of raw materials for new, reused or reconstituted products.
Residential shall mean ol; from, or pertaining to a single - family premises, multi-plex premises, or —.
multi- family premises.
Reuse means further or repeated use of any material without reconstitution or treatment.
Salvage means the controlled removal of Construction and Demolition Debris from a permitted
construction site for the purpose of recycling or reuse.
Singleantily shall mean any detached house or residence designed or used for occupancy by one
(1) household, provided that collection service can be and is provided to such premises as an independent
unit.
Solid waste shall mean and include all putrescible and non -putrescible solid, semisolid and liquid
wastes, including garbage, trash, refuse, rubbish, ashes, industrial wastes, manure, vegetable or animal
solid and semisolid wastes and other discarded solid and semisolid wastes as defined in California Public
Resources Code § 40191, as that section may be amended from time to time. Solid waste does not include
abandoned vehicles and parts thereof, hazardous waste or low-level radioactive waste, medical waste,
unacceptable waste, construction and demolition debris, source separated recyclable materials or source
separated organic materials.
Source separated shall mean recyclable materials or organic materials that have been segregated
from solid waste by or for the generator thereof, on the premises at which they were generated, for
handling separate from solid waste. This does not require that different types of recyclable commodities
be separated from each other, except organic materials shall be separated from recyclable materials.
10 -28-02 Revision Page 6 of 32
Specialty recyclable materials shall mean high - value, presorted recyclable materials generated by
construction and demolition activities on residential or non - residential premises and by the operation of
non - residential uses. Specialty recyclable materials include scrap metal, construction and demolition
debris, high -grade paper (including office mixed paper), pallets, and plastic film and other segregated
recyclable materials which the Public Works Director reasonably determines are meaningfully distinct
from the mixed recyclable materials collected from residential premises in the City.
Unacceptable waste shall mean any and all waste including, but not limited to, hazardous waste
and medical waste, the acceptance and handling of which by franchisee or pennittee would cause a
violation of any permit condition, legal or regulatory requirement; substantial damage to franchisee's or
pennittee's equipment or facilities; or present a substantial danger to the health or safety of the public or
franchisee's or pennittee's employees.
Waste Management Plan means a plan for compliance with Article IV of this chapter, as
approved or conditionally approved by the City.
Yard Waste shall mean those discarded vegetation materials approved by the Public Works
Director that will decompose and/or putrefy, including but not limited to, green trimmings, grass, weeds,
leaves, prunings, branches, dead plants, brush, tree trimmings,, dead trees, small pieces of unpainted and
untreated wood, and other types of organic waste. Yard waste is a subset of organic materials.
10 -28-02 Revision
Page 7 of 32
r
ARTICLE II. GENERAL REGULATIONS
21 -2 COLLECTION AND REMOVAL.
21 -2.1 Solid Waste, Recyclable Materials, and Organic Materials Collection Required.
21 -2.2 Ownership of Materials.
21 -2.3 Containers.
21 -2.4 Placement and. Removal of Containers for Collection.
21 -2.5 Container Maintenance.
21 -2.6 Clean -up Services.
21 -2.1 Solid Waste, Recyclable Materials, and Organic Materials Collection Required.
a. Solid Waste. The occupant of any premises in the City in, upon, or from which solid
waste is created, produced or accumulated, shall dispose of the solid waste at least once each week
through the solid waste collection service of the franchisee, unless otherwise exempt as per subsection 21-
20.4(d)(4). The owner or occupant of the premises shall pay the franchisee for such removal at rates
established by the franchisee that comply with City- established policies and do not exceed the rate
ceilings set by the City.
b. Recyclable Materials and Organic Materials. It is mandatory that the owner or occupant
of any premises contract with and pay the franchisee for recyclable materials and organic materials
collection services, unless otherwise exempt as per subsections 21-20.4(d). The owner or occupant shall
pay the franchisee at rates established by the franchisee that comply with City- established policies and do
not exceed the rate ceilings set by the City. It is mandatory that the occupant place recyclable and organic
materials in the proper collection containers in accordance with franchisee's instructions.
c. Service Arrangements. Each owner or occupant shall make arrangements with the
franchisee for the required collection of solid waste, recyclable materials, and organic materials. Such
arrangements shall specify the location of the premises, the type and size of containers to be provided by
franchisee for collection of solid waste, recyclable materials, and organic materials, and.the frequency of
collection. Each owner or occupant shall contract with franchisee for a sufficient number of solid waste
containers to hold all solid waste that is created, produced, or accumulated on such premises between the
times of successive collections by the franchisee. If the Public Works Director determines that additional
receptacles or capacity are necessary, the owner or occupant shall provide for such additional service
within fifteen (15) days of the mailing of a written notice by the Public Works Director.
d. Failure to Initiate Service. Should any owner or occupant fail to initiate the collection of
solid waste, recyclable materials, or organic materials or to obtain additional service when required
pursuant to paragraph c. above, the City may initiate such service or additional service at the owner's or
occupant's expense.
21 -2.2 Ownership of Materials.
Upon the placement of solid waste, recyclable materials, organic materials, or construction and
demolition debris in a container for collection by a franchisee or permittee, the materials become the
property of that franchisee or permittee. Nothing in this chapter shall be construed to work an
uncompensated taking of personal property by requiring any person to give valuable commodities to the
franchise or a perntittee. Instead this chapter is intended to govern the conduct of those who generate
materials which may be disposed of at a disposal site to accomplish the purposes of the California
Integrated Waste Management Act of 1989 and the Alameda County Waste Reduction and Recycling
Initiative Charter Amendment and to regulate the disposal of materials abandoned or discarded as waste
by their owners.
10 -28 -02 Revision Page 8 of 32
r t
21 -2.3 Containers.
a. General. The occupant of each premises shall place and keep solid waste, recyclable
materials, and organic materials in containers approved by the Public Works Director, which containers
shall be kept closed by a close - fitting cover when not in use. Franchisee shall have the right to refuse
collection service of any bags or bundles placed for collection that weigh more than 75 pounds.
Franchisee shall have the right to refuse collection if any cart, container or bin weighs in excess of the
maximum weight limit identified on each cart or bin.
b. Projects. Every person engaged in construction is hereby required to provide a solid
waste container at each construction site for the deposit of solid waste by the employees or workers
engaged in such construction. The container shall be kept closed by a close - fitting cover except when in
use. Every person who consumes food on the premises shall deposit all food waste in that solid waste
container or in an organics - material container provided at the site. Casting aside any =consumed food or
solid waste on the premises or public rights of way is forbidden.
c. Solid Waste Containers.
1. Single Family and Multi Plex Premises. Occupants of single-family and multi-
plex premises shall place solid waste in carts owned and provided by franchisee. Upon approval by the
City pursuant to subsection 21- 20.4(c)(3), occupants may use a ten (10) gallon can owned and provided
by the franchisee, or thirty-two (32) gallon bags provided by customer with properly applied sticker
provided the franchisee. In such case, franchisee shall provide customer with a ten (10) gallon can or
franchisee shall provide packages of ten (10) stickers to customer for use during a twelve (12) month
period.
2. Multi Family Premises. Occupants of multi - family premises shall place solid
waste in carts or bins provided by franchisee. Occupants of the multi -family premises shall share the carts
or bins.
3. Commercial Penises. Occupants of commercial premises shall place solid
waste in carts, or debris boxes provided by franchisee, or in compactors provided by customer.
Commercial premises may use casts for solid waste collection that are shared by the occupants of two (2)
or more commercial premises, provided that the Public Works Director determines adequate capacity is
provided.
4. Overages. Customers of single - family and multi -plex premises, except those
• participating in the ten (10) gallon can or thirty -two (32) gallon bag program, may purchase stickers from
franchisee to be placed on thirty -two (32) gallon bags for solid waste collection of extra materials.. The
owner or occupant of the premises may, on a one -time or occasional basis, haul excess solid waste that
cannot be accommodated by the containers regularly used on commercial premises directly to a disposal
site or disposal facility, provided that other requirements of this Code, including the requirements of
subsection 21 -2.1, are satisfied.
d. Recyclable Materials and Organic Materials Containers.
1. Single - Family and Multi Plex Premises. Occupants of single-family and multi-
plex premises shall place recyclable materials and organic materials in carts owned and provided by
franchisee.
2. Multi - Family Premises. Occupants of multi - family premises shall place
recyclable materials and organic materials in carts or bins owned and provided by franchisee which are
shared by the occupants of the multi - family premises.
3. Commercial Premises. Occupants of conunercial premises shall place recyclable
materials and organic materials in carts or bins or debris boxed provided by franchisee, or in compactors
with capacities ranging from six (6) to fifty (50) cubic yards.
10 -28 -02 Revision
Page 9 of 32
21 -2.4 Placement and Removal of Containers for Collection.
a. Single - Family and Multi-Plat Premises. Single - family and multi -plex occupants shall be
responsible for placing carts, cans, or bags of solid waste, recyclable materials, and organic materials
curbside as directed by the franchisee, unless the customer has contracted with the franchisee for
backyard service or has qualified for a disabled person service location exemption as described in
subsection 21- 20.4(d). Carts, cans, or bags shall not be stored on or in any public street, sidewalk,
footpath, or public place. Single - family and multi -plex owners or occupants shall be responsible for
placing containers curbside for collection on the days established by the franchisee for collection, or after
5:00 p.m. of the previous day. The owner or occupant shall remove all containers from the place of
collection prior to 12:00 midnight of the day on which the containers are emptied.
b. Multi Family and Commercial Premises. Multi- family and commercial occupants shall
be responsible for placing all solid waste, recyclable materials, and organic materials containers in a
location on their premises agreed upon by the customer and the franchisee. Occupants shall not place or
store containers on or in any public street, sidewallc, footpath, or public place.
21 -2.5 Container Maintenance.
All franchisee- provided bins, debris boxes, and compactors shall be maintained by franchisee in a
clean, functional, and safe condition. Customers using cans or carts shall be responsible for maintaining
them in a clean and sanitary condition.
21 -2.6 Clean -up Services.
Each customer shall be entitled to clean-up collection event(s) as described in the Franchise
Agreement. The customer shall contact franchisee to schedule an on-call clean-up collection event and -
franchisee shall provide such service to the premises on its regularly scheduled collection day within
seven (7) business days of a request. For each clean-up collection event, each customer shall be permitted
to place for collection at no charge up to two (2) cubic yards of solid waste, recyclable matcrials,.and.yard
waste and up to three (3) appliances of which one (1) appliance may be an e -scrap item. A personal
computer monitor, keyboard, mouse and CPU shall constitute one a scrap item for this purpose. If a
customer exceeds these limits, franchisee shall charge the customer at rates established by the franchisee
that comply with City- established policies and do not exceed the rate ceilings set by the City. Owners or
occupants shall adhere to the following guidelines:
a. No single item over seventy-five (75) pounds may be placed for collection unless
customer pays the franchisee an additional fee for service.
b. No rocks, cement, dirt or unacceptable waste shall be permitted.
c. The owner or occupant shall bundle materials or place them in containers provided by
franchisee.
d. Bundled materials shall not exceed four (4) feet in length.
e. Discarded materials to be collected in the clean -up event shall be placed at the collection
location by the owner or occupant by 6:00 a.m. on the pickup day, but not sooner than the Saturday prior
to the event. -
f. Latex paint may be permitted if placed curbside in tightly sealed containers in accordance
with franchisee's instructions.
10 -28-02 Revision Page 10 of 32
1
21 -3 PROHIBITED ACTS.
Subsections:
21 -3.1 Deposit of Waste Upon Street or Private Premises, or in Sewer, Etc., Prohibited.
21 -3.2 Dumping Ground for Garbage.
21-3.3 Deposit of Materials in Street Litter and Recycling Cans.
21-3.4 Deposit of Materials in City Facility Solid Waste Container.
21-3.5 Persons in Containers.
21-3.6 Obstructing Franchisee Unlawful.
21 -3.7 Unauthorized Collection.
21-3.1 Deposit of Waste Upon Street or Private Premises, or in Sewer, Etc., Prohibited.
a. Generally. No person shall deposit upon any public street, highway or grounds, or upon
any private premises, or anywhercexcept in such places as may be designated for-that purpose by the City
Manager, or provided by ordinance, any solid waste or other material of any kind. No person shall empty,
throw or deposit in any storm drain, manhole or any sewer any solid waste, hazardous waste, medical
waste, construction and demolition debris, recyclable materials, organic material, or unacceptable waste.
b. Use of Kitchen Garbage Disposal. Kitchen garbage may be deposited into the sewer
system through a mechanically operated disposal under the following conditions:
• 1. The garbage disposal device must be attached to the sewer in accordance with the
Plumbing Code of the City and installed in a manner satisfactory to the Building Official.
2. The device must be capable of grinding garbage simultaneously with a flow of --
water of not less than two (2) gallons per minute, or in such additional quantity as is necessary to cause
the ground garbage to flow readily through the sewer system. The garbage shall be ground such that
(a) At feast forty (40%) percent may pass a No. 8 sieve;
(b) At least sixty-five (65 %) percent may pass a No. 3 sieve;
(c) One hundred (100%) percent may pass a one -half (112 ") inch sieve;
(d) Sieves shall be U.S. standard.
3. The use of garbage grinders shall be limited to:
(a) Residential premises;
(b) Restaurants, hotels and other commercial premises in which food or
drink is prepared or consumed.
21 -3.2 Dumping Ground for Garbage.
No person shall permit any land owned, leased, occupied or controlled by him/her in the City to
be used as a dumping ground for solid waste or other material of any kind whatever, and no.person shall
deposit any solid waste or other material upon any land in the City.
21 -33 Deposit of Materials in Street Litter and Recycling Containers.
No person shall deposit any solid waste or other material that may be generated from a residential
or commercial premises in a street solid waste or street recycling container.
10 -28 -02 Revision Page 11 of 32
1
21 -3.4 Deposit of Materials in City Facility Containers.
No person shall deposit on a City facility or in any City facility container any solid waste or other
material that may be generated from a residential or commercial premises. -
21 -3.5 Persons in Containers.
No person shall enter or be inside a solid waste, recyclable materials, or organic materials
container.
21 -3.6 Obstructing Franchisee Unlawful.
It shall be unlawful for any person to hinder, threaten, impede, or obstruct any franchisee in the
performance of his/her duty as defined in this chapter or in any franchise agreement.
21 -3.7 Unauthorized Collection.
No person, other than le franchisee or a permittee, shall remove solid waste, recyclable
materials, or organic materials from a container that has been placed by a customer at the curb or the
collection location agreed upon by the customer and the franchisee or permittee.
10 -28-02 Revision Page 12 of 32
Sections 21-4 through 21 -19 RESERVED.
10 -28 -02 Revision Page 13 of 32
ARTICLE III. FRANCHISE AGREEMENTS
21 -20 FRANCHISE AGREEMENTS.
Subsections:
21 -20.1 City Council to Issue Franchise.
21 -20.2 Collecdon by Franchisee.
21-20.3 Unlawful Collection.
21 -20.4 Charges for Service.
21 -20.5 Billings and Penalties.
21 -20.6 Failure to Pay.
21 -20.7 Payment under Protest.
21 -20.8 Performance Review.
21 -20.1 City Council to Issue Franchise.
1
The City Council may enter into franchise agreements for the collection, processing and/or
disposal of solid waste, recyclable materials, and organic materials collected from residential and
commercial premises, in accordance with City Charter Sections 3 -10, 3 -12, and 18 -1. These franchises
may be non - exclusive, exclusive, or wholly exclusive in nature.
21 -20.2 Collection by Franchisee.
Collection and removal of solid waste, C&D debris, recyclable materials, and organic materials
by the franchisee shall be made in accordance with the terms and conditions of this chapter and any
agreement between the City and the franchisee.
21-20.3 Exclusive Hauler; Self - Hauling.
All solid waste, C&D debris, recyclable materials, and organic materials within the City shall be
collected and transported through the streets of the City by franchisee only at the time and in the manner
hereinafter set forth. Exempted from this requirement are:
a. Self - hauling. As allowed for under Section 21-20.4d, Solid waste, recyclable materials,
organic materials, and specialty recyclable materials may be removed from any premises
and transported to a disposal site or processing site by the owner or occupant of such
premises, by an employee of an owner or occupant, or by an independent contractor
whose removal and transportation of the solid waste, recyclable materials, organic
materials or specialty recyclable materials is incidental to another service performed by
that contractor, such as construction or landscaping services, as where construction or
demolition debris directly loaded onto a fixed body vehicle and hauled direotly to a
recycling or disposal facility. Any person who provides services described in the
foregoing sentence shall, within 30 days of doing so, submit evidence acceptable to the
Public Works Director that the materials were disposed of in a lawful manner. Such
evidence shall include dump receipts, transfer facility tags or other evidence reasonably
acceptable to the Public Works Director. Persons regularly engaged in this activity may
shall file evidence on a monthly basis for all of their activities in the City.
b. Donations. Recyclable materials and organic materials and specialty recyclable materials
Page 14 of 32
source separated at any premises by an owner or occupant and donated to youth, civic,
charitable, or other nonprofit organization;
c. Commodities. Source- separated recyclable materials or organic materials or specialty
recyclable materials generated by business establishments, including City facilities, removed from the
premises by a Permittee, provided that the owner or occupant receives lawful consideration for sale of the
materials. Any purchaser of commodities who collects them from premises within the City and hauls
them through the City shall obtain a permit under Article IV of this chapter in order to ensure that the
commodities are not returned to the waste stream in a manner that would undermine the purposes of this
chapter. It is the intent of this section to regulate those who purchase and haul recyclable commodities
for the, limited purpose of ensuring that the waste diversion goals of AB 939 and Measure D are
accomplished and not to require waste or commodities to be hauled to any particular location or to
interfere with the use of private property. The essential obligations imposed on haulers under this
provision are to make good faith efforts to divert waste from disposal sites and to provide information to
the City so that it may document compliance with AB 939 and Measure D.
d. Redemption. Containers delivered for recycling under the California Beverage Container
Recycling Litter Reduction Act, § 14500, et seq. California Public Resources Code;
e. Composting. Organic materials composted on residential premises;
f. C&D Permittee. 'Construction and demolition debris removed from premises by a
Permittee with respect to a construction and demolition project which the City reasonably
determines will cost $100,000 or more to construct. Construction and demolition debris
removed from the premises with respect to a smaller project shall be subject to the
franchise and the rates authorized thereby unless another exemption by this chapter
apPii
Grandfathered Recyclers. Any person who lawfully provided recycling services within
the City during calendar year 2001, who obtains a permit pursuant to this chapter may
continue to provide the services it actually provided in calendar 2001to the customers it
was saving at that time. This restriction is imposed in. order to serve the purposes of the
City's solid waste franchise agreement and this ordinance to reduce the number of heavy
vehicles serving the City which impact the City's infrastructure and disturb the peace of
its residents, to ensure compliance with AB 939 and Measure D, and to reduce the burden
and cost of the regulatory program accomplished by this Chapter, and to ensure the
economies of scale which can be accomplished by the exclusive franchisee. However,
the City grants the limited grandfathering exception of this paragraph to moderate the
impact of this regulatory change on those persons who have previously established
relationships with customers in the City.
h. Grease. Animal waste and remains from slaughterhouse or butcher shops, or grease
waste for use as tallow;
i. Sewage. By- products of sewage treatment including sludge, grit and screenings;
j. Hazardous Materials. Household hazardous waste, hazardous and other unacceptable
waste regardless of its source; and
k. Schools. Materials generated by public schools located in the City.
21 -20.4 Charges for Service.
a. Establishing Charges. The City shall establish rate- setting policies and rate ceilings
through City Council resolution or through the franchise agreement. Prior to establishing rate policies or
rate ceilings, the City Council shall hold a public hearing.
b. Payment. Every person receiving solid waste, recyclable materials, or organic materials
collection service shall pay the rate for those services established by the franchisee in accordance with
Page 15 of.32
City- established policies. If an occupant of a premises fails to pay, the owner shall be responsible for
payment to the franchisee.
c. Special Rate Programs.
1. Low Income Residents and Senior Residents Discount. Franchisee shall provide
Iow income and senior discounts for residents provided that a customer may not obtain both a low income
resident and a senior resident discount. Franchisee shall determine that a customer qualifies for the Iow
income discount by obtaining documentation that the customer's household qualifies as a very-low-
income household under the Section 8 eligibility guidelines as determined by the federal Housing and
Urban Development (HUD) formula. Franchisee shall.detennine that a customer qualifies for the senior
resident discount by verifying that the head of household of the residential premises is 65 years of age or
older.
2. Organic Materials Discount. Commencing on the date food waste collection
service is first provided to his or her residential premises, but not prior to that time, an owner or occupant
of such premises who establishes, to the satisfaction of the franchisee, that a negligible amount of organic
materials is produced on his or her premises shall qualify for an organic materials discount. This discount
shall be granted only if (i) the residential premises is " hardscaped," that is, has no vegetation acceptable
for yard waste collection, or (ii) on -site composting is conducted by occupant on a residential premises
such that no organic material acpeptable for yard waste collection is generated; or, (iii) yard waste is
removed from the premises by a landscaping contractor pursuant to section 21- 20.3(e) of this.chapter.
3. Solid Waste Discount. Single - family residents who produce twenty (20) gallons
or less of solid waste per month may make arrangements with the franchisee for alternative solid waste
collection service by applying to the franchisee, in writing, for a solid waste service and rate reduction.
Such application shall state the circumstances that justify less frequent service or use of a smaller
container than required by this Chapter and by the franchise agreement.
d. Service Exemptions.
1. Continuation of Prior Exemptions. All sa''vice exemptions granted prior to the
effective date of the ordinance that enacted this provision shall remain in effect for the period authorized
by subparagraph (eX4) below unless earlier terminated tinder the provisions of this chapter.
2. Recyclable Materials Collection Exemption... Any personrho is•otherwise
subject to the requirements of subsection 212.1(b) shall be exempt From the recyclable materials
collection if or she can establish to the satisfaction of the franchisee, that less than five (5) percent of
the solid waste produced on the premises constitutes recyclable material.
3. Yard Waste Collection Exemption. Prior to the date on which the franchisee
commences food waste collection to a residential premises, the discount authorized by paragraph .(c)(3)
above shall be unavailable to the owner or occupant of those premises, but any such owner or occupant
who is otherwise subject to the requirements of subsection 21- 2.1(b) shall be exempt from yard waste
materials collection if he or she can establish to the satisfaction of the franchisee that a negligible amount
of organic materials is produced by the household for one of the following reasons:
(a) organic materials produced during landscape maintenance activities are
disposed of at a licensed processing facility by a landscape maintenance provider with a valid City
business license, or
(b) that the residential premises is "hardscaped," that is, has no vegetation
acceptable for yard waste collection, or
(c) on -site composting is conducted by the occupant of a residential
premises.
The service exemption authorized by this paragraph (d)(3) shall be unauthorized for any premises to
which food waste collection is provided by the franchisee and, once that service is provided - citywide,
shall be unauthorized for any premises. The discount authorized by paragraph (c)(3) above, however,
shall be available to premises for which food waste collection services are available.
Page 16 of 32
4. Solid Waste Collection Exemption. A complete exemption from mandatory solid
waste collection shall be granted if the customer demonstrates to the reasonable satisfaction of the Public
Works Director that no solid waste of any. kind is generated on the premises. The occupants of a
residential structure may be completely exempted from mandatory solid waste collection only upon proof
that they are regularly self - hauling solid waste generated on the property to a lawful disposal site by
providing monthly dump receipts or other evidence satisfactory to the Public Works Director.
5. ' Vacancy Exemption. An owner of residential premises may receive a temporary
exemption from the requirement to subscribe to and to pay for solid .waste, recyclable materials, and
organic materials collection services if he or she can demonstrate to the satisfaction of the Public Works
Director that the premises are vacant for at least thirty days. Evidence that either water or power was not
consumed on the premises shall be sufficient evidence of vacancy.
6. Service Location Exemption for Disabled Persons. Franchisee shall collect
containers from the backyard of a single - family or multi -plex premises occupied by an owner or occupant
with a disability within the meaning of the American Disabilities Act at no additional cost.
e. Application Process.
1.
Filing ofApplication. A customer may file an application with the franchisee for
a special rate or service exemption pursuant to subsections 21- 20 -4(c) and 21- 20 -4(d). The occupant must
consent to an unscheduled on -site, inspection by the franchisee of occupant's solid waste, recyclable
materials, and organic iaterials in•order to qualify for the organic materials discount or any service
exemption.
2. Review of Application. The franchisee shall inspect each applicant's property,
and the applicant's solid waste, recyclable materials, and organic materials. Franchise shall complete this
review within fifteen (15) business days of receipt of an application.
3. Noti ?cation of Acceptance or Denial of Application. Franchisee shall notify an
applicant of the acceptance or denial of his/her application within twenty (20) business days of receipt of
that application. Upon approval of a special rate or service exception, the franchisee shall notify the
Public Works Director in writing.
4. Duration of Spedal Rate or Service Exception or Exemption. Any special rate or
service exemption shall be effective for one (1) year from approval, unless service is stopped and new
service is started at the premises or the circumstances that justified the special rate or servioe=exc option
change. The Public Works Director may extend a special rate or service exemption for additional periods
of one (1) year without further application upon receipt of certification from Customer that the
circumstances justifying the special rate or service exemption have not changed. If those circumstances
change, it shall be the responsibility of the owner or occupant to notify franchisee of changed
circumstance and to initiate regular solid waste, recyclable materials, or organic materials collection
service in accordance with the provisions of subsection 21-2.1. The Public Works Director or franchisee
may review any special rate or service exemption upon receipt of evidence that such special rate or
service exemption is no longer justified.
5. Appeals. An applicant may appeal a denial of a special rate or service exemption
as described in subsections 21-20.4(c) and 21-20.4(d) by filing a notice of appeal with the City Clerk not
later than ten (10) business days after the applicant was provided written notice ofthe decision. The
notice of appeal shall be in a form prescribed by the Public Works Director and shall state why the
applicant believes the denial does not comply with this section. The Public Works Director shall decide
the appeal within thirty (30) calendar days of its filing, unless he or she continues that decision for• good
cause. The Public Works Director shall notify the applicant in writing of his or her decision within three
(3) business days.
f. Violations. Violation of any provision of this section other than by the franchisee, the
City or its employees, shall be punishable as an infraction pursuant to subsection 1 -5.1 of the Alameda
Municipal Code.
Page 17 of 32
21 -20.5 Billings and Penalties.
a. General. The franchisee shall bill each customer at rates that comply with the rate
policies and rate ceilings established by the City. Each customer shall timely pay the amount billed. In the
event commercial businesses share a container, the franchisee shall either bill one (1) customer for the
total cost of the shared collection services or, at the request of the commercial customers sharing the
containers, shall bill each customer for the service rate divided by the number of commercial customers
sharing the service. Billing disputes shall be handled in accordance with subsection 21 -20.7.
b. Penalties. Should any customer fail to pay any such bill within thirty (30) days of the
invoice date, the franchisee may add a penalty, as established by City policy, and interest to the bill
provided such interest shall not exceed the highest rate permitted by applicable law. The sum of the bill
plus interest or penalty, together with any collection costs incurred may be recovered by the franchisee, as
provided by law. In the event the occupant is the customer of record for a premises and occupant fails to
pay such bill, the owner shall be responsible for payment.
21 -20.6 Failure to Pay.
a. If a customer fails to pay a bill for 60 days or more, the franchisee shall undertake
collection of the bill, including penalties and expenses of collection for one (1) year from the invoice date.
Franchisee shall make reasonable efforts to obtain payment through late payment notices, telephone
requests for payment, and assistance from collection agencies.
b. In the event franchisee's collection efforts fail and franchisee can demonstrate to the City
that franchisee attempted bn at least four (4) occasions to collect each delinquent account, the franchisee
may assign its rights to the City. The Qty may send a letter to each delinquent account requesting
payment for collection services and stating that, in the event payment is not promptly received, the City
will put a lien on the property. If payment is not received, City may initiate and comply with the legal
procedure to put a lien on the property. Within thirty (30) calendar days of the City's receipt of payment
for past due accounts, the City shall pay those sums to fianchisee, less any monies franchisee would be
• obliged to pay to City heramder had those sums been received by franchisee in the first instance.
21 -20.7 Payment under Protest.
Any customer who contests the amount billed shall pay such charges and file a written protest
with the Public Works Director within thirty (30) days of the date the payment was due. Within 30 days
of filing, the Public Works Director shall notify the customer of his or her decision. The decision of the
Public Works Director may be appealed by any person upon payment of an appeal fee established by the
City Council. The City Manager shall finally determine such appeals. The appeal fee shall be refunded to
the customer in cases in which the City Manager sustains the appeal.
21 -20.8 - Performance Review.
At any time, but not more than annually, the City may hold a public hearing which franchisee
may be required by City to attend, to review the franchisee's performance and to solicit public comment
regarding franchisee's performance under the franchise agreement. The public hearing shall provide for
discussion and review of technological, economic, and regulatory changes in order to achieve a
continuing, state- of -the-art collection, transportation, processing, and disposal system and to ensure
services are provided with adequate quality, effectiveness, and economy. The City may use information
obtained from public comment at its discretion.
Page 18 of 32
•
ARTICLE IV. PERMIT SYSTEM
21 -21 PERMIT REQUIREMENTS.
Subsections:
21 -21.1 Permit Issuance and Term.
21 -21.2 Permit Requirements.
21-21.3 Approval or Denial of Permit
21 -21.4 Assignment or Transfer of Permit
21 -21.5 Permit Renewal.
21 -21.6 Collection of Solid Waste, Residential Recyclable Materials, and Residential
Organic Materials Prohibited.
21 -21.7 Appeals.
21 -21.1 Permit Issuance and Term.
The Public Works Director shall issue permits for the collection and hauling of recyclable
materials, specialty recyclable materials, organic materials and construction and demolition debris in the
City as provided in this article. Each permit shall terminate without notice from the City one year after
issuance, unless earlier revoked pursuant to Section 21 -22. No permit shall be issued unless the applicant
satisfies all of the requirements of this article.
21 -21.2 Permit Requirements.
a. Requirements. To obtain a permit, an applicant must demonstrate ability to comply with
the following requirements:
1. Specialty recyclable materials, commercial recyclable materials, commercial
organic materials and construction and demolition debris collected shall be separated and taken to a
materials recovery facility and processing center where the maximum feasible amount of the materials
shall be recycled or otherwise diverted from the waste stream. The Public Works Director shall
determine the amount of diversion which is reasonably feasible at the time the application is approved and
shall require at least 50% of the materials shall be recycled absent unusual circumstances which warrant a
conclusion that this amount of diversion is not feasible for a particular permittee. The Public Works
Director shall maintain a list of facilities the City has determined meet this requirement. If an applicant
chooses to use an unlisted facility, the applicant shall bear the burden to prove the desired facility meets
the diversion requirements of this section.
2. Vehicles used for transport of the materials are licensed and of suitable size and
type, and have devices or methods to prevent spillage, overflow, outfall or leakage.
3. The applicant can obtain a bond and insurance in the type and amounts
established from time to time by the Risk Manager for this purpose.
4. The applicant agrees to comply with the requirements of Articles IV through VI
of this chapter; with all other provisions of the Alameda Municipal Code; and with County, State and
Federal laws and regulations as required by subsection 21- 21.2(g).
5. The applicant has, or will obtain, a City of Alameda business license.
6. The applicant has relevant collection experience.
1 -2 -03 Revision Page 19 of 32
•
b. Required Application Information. The applicant shall provide the Public Works
Director the following information:
I. Name and legal form of the applicant.
2. Statement of relevant collection experience of company and its personnel.
3. Business address and telephone number of the applicant.
4. The name and location of the material recovery facility where the applicant
intends to legally process the specialty recyclable materials, organic materials, and
construction and demolition debris.
5. The name and telephone number of the person responsible for responding to
inquiries and complaints.
6. If a joint venture, a partnership, limited partnership, .or limited liability company,
the names of all members, partners and officers, and their percentages of participation and permanent
addresses.
7. If a corporation, the names and permanent addresses of each shareholder with
greater than a ten percent (10 %) ownership in the corporation and his or her percentage of ownership, and
the names of all officers.
8. A list of all vehicles to be used in collection or transportation of specialty
recyclable materials, recyclable materials, organic materials, and construction and demolition debris.
Such list shall identify the following for each vehicle: license plate numbef; vehicle identification
number, vehicle type, make and model; age; carrying capacity; and a description of the method(s), cover,
or other features used to prevent spillage, overflow, outfall, leakage, or other escape of materials or
liquids from the vehicles.
9. Copy of the vehicle registration issued by the California Department of Motor
Vehicles•for each vehicle.
10. Statement that the applicant owns or has access to suitable facilities to maintain
the collection equipment in a clean and sanitary condition and the address of such facilities.
11. Proof of insurance in the types and amounts specified in subsection 21- 21.2(e)
12. Bond required in subsection 21- 212(e) below.
13. A statement that the applicant agrees to comply with requirements of Article IV
through VI including, but not limited to, the requirement to indemnify the City required by subsection 21-
212(d) below and to comply with Local, State, and Federal Laws and Regulations required by subsection
21-21.2(g) below.
14. The applicant's City of Alameda business license number and expiration date.
15. The signature and title of the person submitting the application.
16. Such other facts or information as the Public Works Director may reasonably
require.
c. Bond Required Before obtaining a permit under the provisions of this article, the
applicant shall post with the City Clerk a bond in an amount reasonably established by the Public Works
Director. The bond shall be conditioned upon the full and faithful performance by the permittee of
obligations under the applicable provisions of this chapter and shall be kept in full force and effect by the
permittee throughout the life of the permit. The bond shall be issued by an insurer admitted to transact
surety insurance in the state of California and shall be subject to the approval of the City Attorney as to its
form. The bond will also stand as security for the faithful performance of Waste Management Plans
where required and may be drawn upon or forfeited to City in payment of any fees or penalties assessed
pursuant to subsection 21 -24.3.
d. Indemnification by Permittee. Before obtaining a permit under the provisions of this
article, the applicant shall agree to indemnify and save the City, the Alameda Reuse and Redevelopment
Authority, the Alameda Housing Authority and their officers, employees and agents (hereinafter,
"indemnitees ") harmless of and from all claims, demands, actions or causes of actions of every kind and
description resulting directly or indirectly from, arising out of, or in any way connected with, the exercise
below.
Page 20 of 32
•
of the privileges conferred by permit, including, but not limited to, any act or omission of any officer,
employee or agent of permittee, and further specifically including any and all liability of the indemnitees
arising from permittee's arranging for or disposing of any waste in any disposal site, whether to the U.S.
Government, state of California or any other person.
e. Insurance. Before obtaining a permit, the applicant shall procure, and maintain for the
term of the permit, insurance against claims for injuries to persons (including death) or damage to
property which may arise from or in connection with the exercise of the privileges conferred by the
permit by the applicant, its agents, representatives, employees or subcontractors as required by the Risk
Manager.
f. Compliance with Motor Vehicle Code. The permittee's vehicles must comply with the
Califomia Motor Vehicle Code, all other applicable California codes, and this chapter.
g. Compliance with Local, State and Federal Laws and Regulations. Before obtaining a
permit under the provisions of this article, the applicant shall agree to exercise the privileges conferred by
the permit in compliance with all ordinances and regulations of the City and applicable laws and
regulations and to obtain and keep in force all required permits and licenses.
h. Additional Prerequisites. The Public Works Director may require additional
prerequisites to the issuance of a permit and such terms and conditions regulating the activities of
permittees as the City Council may deem necessary or proper and the City Council may, from time to
time, amend this chapter, in which case, such amendments shall be binding upon any permittee as of the
effective date of such amendment. Accordingly, issuance of a permit pursuant to this chapter does not
grant a vested right to maintain operations in the City free from any newly imposed requirements
established by ordinance of the City Council.
i. Permit Fee. Prior to issuance or renewal of a permit, the applicant or permittee shall pay
fees established by resolution of the City Council.
21 -21.3 Approval or Denial of Permit
Within sixty calendar days of receipt of an application for a permit to collect specialty recyclable
materials, recyclable materials, organic materials, and construction and demolition debris, the Public
Works Director shall review the application submitted by applicant, determine if the application includes
all information required by subsection 21 -21.2 of this article, and approve or deny the permit.
21 -21.4 Assignment or Transfer of Permit.
A permit issued under this article may not be transferred or assigned. Any such transfer or
assignment shall be void and the attempted assignment shall result in the revocation of the permit. For
the purposes of this section, "transfer" or "assignment" shall include, but not be limited to, (1) a sale,
exchange or other transfer of substantially all of permittee's assets dedicated to service under this chapter;
(2) a sale, exchange or other transfer to a person that is not an equity holder of twenty percent (20 %) or
more of the outstanding equity or ownership interests of permittee; (3) any reorganization, consolidation,
merger, recapitalization, stock issuance or reissuance, voting trust, pooling agreement, escrow
arrangement, liquidation or other transaction to which permittee or any of its equity holders is a party
which results in a change of ownership or control of twenty percent (20 %) or more of the value or voting
rights in the equity or ownership interests of permittee; and (4) 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.
1 -2 -03 Revision Page 21 of 32
21 -21.5 Permit Renewal.
Any permit issued pursuant to this article must be renewed annually within the sixty (60) days
prior to the anniversary of the permit. The permittee shall submit to the Public Works Director its most
recent annual report as required by subsection 21- 23.9(c), with its request for permit renewal. Rertewal
shall depend on demonstration of the permittee's continued ability to adhere to the requirements of this
section.
21 -21.6 Collection of Solid Waste, Residential Recyclable Materials, and Residential
Organic Materials Prohibited.
Permittee shall not collect solid waste, residential recyclable materials, or residential organic
materials. Permittee shall only collect specialty recyclable materials, commercial recyclable materials and
commercial organic materials, from customers with whom Permittee has an agreement pursuant to which
customer either receives consideration from the Permittee or from which the Public Works Director
reasonably determines are meaningfully distinct from the mixed recyclable materials collected from
Premises in the City. Pemrittee shall only collect construction and demolition debris from commercial
customers with whom it has such in agreement and only with respect to projects that the Building Official
reasonably determines to have a construction cost of $100,000 or more. Each such customer shall
separate construction and demolition debris, specialty recyclable materials, other recyclable materials and
organic materials from solid waste.
21 -21.7 Appeals.
An applicant may appeal a decision of the Public Works Director to deny, approve, conditionally
approve or renew a permit by filing a notice of appeal with the City Clerk not later than the sixth (6th)
calendar day following issuance of written notice of the Public Works Director decision. The notice of
appeal shall be in a formprescribed by the Public Works Director, shall state why the applicant believes
the Public Works Director's decision to deny, approve, or conditionally approve the permit does .not
comply with this article, and the relief requested. The appeal shall be heard and finally decided by the
City Manager within thirty (30) calendar days unless continued by the City Manager for good cause. The
City Manager shall notify the applicant of his or her decision in writing within five (5) business days of
the decision.
Page 22 of 32
21 -22 PERMIT REVOCATION.
Subsections:
21 -22.1 Conditions and Procedures for Revocation.
21 -22.2 Hearing for Noncompliance.
21 -22.1 Conditions and Procedures for Revocation.
a. Conditions. A permit shall be revoked by the Public Works Director if:
1. There is a change of ownership of more that twenty percent (20 %) (other than to
a person that already owns an equity or ownership interest in permittee) or management control of
permittee, unless approval therefore has been obtained in writing from the Public Works Director, or,
2. The permittee has not complied with the provisions of this chapter or other
applicable statutes, ordinances, rules and regulations.
b. Procedure. The Public Works Director shall have authority to hear complaints against
any person representing or employed by the permittee, receive complaints of: discourteous, insolent or
threatening conduct; violation of any sanitary regulations; or violations of this article by the pennittee and
may revoke a permit if the conditions of this subsection for revocation are proven after hearing under this
section.
c. Notice and Appeal. The Public Works Director shall notify the permittee in writing of
any revocation or of any finding of noncompliance. If the Public Works Director finds a permittee out of
compliance but does not order revocation of the permit, she or he shall order the permittee to come into
compliance within thirty (30) days. Any determination by the Public Works Director under this
subsection 21 -22.1 may be appealed pursuant to subsection 21 -21.7.
21 -22.2 Hearing for Noncompliance.
Prior to ordering compliance or revoking a permit under subsection 21 -22.1, the Public Works
Director shall notify the permittee in writing of the alleged noncompliance or basis for revocation and of
the time and place for a hearing on those allegations. After affording the permittee reasonable
opportunity to respond to the allegations, the Public Works Director shall determine on the basis of
available evidence whether or not the permittee is in compliance with this chapter and, if not, whether
revocation of the permit is appropriate. If the Pubic Works Director only orders the pennittee to correct
the noncompliance, and the permittee fails to do so within thirty (30) days of written notice, after further
hearing, the Public Works Director may revoke the permit pursuant to subsection 21- 22.1or take such
other action as he or she shall reasonably determine.
1 -2 -03 Revision Page 23 of 32
•
ARTICLE V. FRANCHISEE'S AND PERMITTEES' OBLIGATIONS.
21 -23 FRANCHISEE'S AND PERMITTEES' OBLIGATIONS.
Subsections:
21 -23.1 Properties, Facilities, Equipment, Etc.
21 -23.2 Care of Private Property.
21 -23.3 Hours of Collection.
21 -23.4 Specifications and Restrictions on Collection Vehicles.
21 -23.5 Use of Vehicles.
21 -23.6 Deposit of Contents of Containers; Delivery of Contents of Vehicles.
21 -23.7 Maintenance of Containers.
21 -23.8 Franchisee's and Permittees' Employees.
21 -23.9 Required Reporting and Record Keeping.
21 -23.10 Retention of Records.
21 -23.11 Inspection Availability.
21 -23.12 Cooperation'with City- Initiated Studies.
21 -23.13 Payment of Fees.
21 -23.1 Properties, Facilities, Equipment, Etc.
Franchisee and each permittee shall maintain all of their respective properties, facilities
and equipment used in providing service in accordance with this chapter in a safe, neat, clean and
operable condition at all times.. Nothing in this Section 21 -23 shall be interpreted to interfere
with the exclusive rights of the franchisee as set forth in this chapter or in a franchise agreement.
21 -23.2 Care of Private Property.
a. Franchisee and each permittee shall ensure that their respective employees close
all gates opened in malting collections, unless otherwise directed by the owner or occupant, and
shall not cross landscaped areas or climb or jump over hedges and fences in the provision of any
collection service. The City shall refer complaints about damage to private property to franchisee
or permittee. Franchisee or permittee, as appropriate, shall repair all damage to private property
caused by its employees.
b. Franchisee and each permittee shall use due care when handling solid waste,
recyclable materials, organic materials, specialty recyclable materials, and construction and
demolition debris containers. Containers shall not be thrown from trucks, roughly handled,
damaged or broken. Franchisee and permittees shall return containers to the collection point
upright, with lids properly secured.
21 -23.3 Hours for Collection.
a. Residential Premises. Collection from residential_ premises and from non-
residential premises within two hundred feet (200') of residential premises may occur only
between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday. In the event of an
unforeseen circumstance, the franchisee may collect from such premises between the hours of
6:00 a.m. and 10:00 p.m., Monday through Friday upon approval of the Public Works Director.
b. Commercial Premises. Collection from commercial premises more than two
Page 24 of 32
1 .1
hundred feet (200') from residential premises may occur between the hours of 5:30 a.m. and
10:00 p.m.
21 -23.4 Specifications and Restrictions on Collection Vehicles.
All vehicles used for collection within the City shall comply with the following:
a. They shall be completely enclosed with a rigid, nonabsorbent cover while
transporting solid waste, recyclable materials, organic materials, specialty recyclable materials, or
construction and demolition debris in or through the City unless the Public Works Director
reasonably determines that a tarp or other non -rigid cover will accomplish the purposes of this
provision in light of the nature of the materials to be hauled. Solid waste, recyclable materials,
organic materials, specialty recyclable materials, or construction and demolition debris shall not
be visible from the street nor shall any substances be permitted to leak, spill or become deposited
along the public streets.
b. They shall be identified by permittee's or franchisee's name, local telephone
number, and unique vehicle identification number prominently displayed in figures no less than
2 -1/2" high.
21 -23.5 Use of Vehicles.
The franchisee and each permittee shall operate privately -owned solid waste, recyclable
materials, organic materials, specialty recyclable materials, or construction and demolition debris
vehicles in accordance with all Federal, State and local laws, permits and regulations and shall
also abide by the following:
a, No person shall park trucks loaded with solid waste, recyclable materials, organic
materials, specialty recyclable materials, or construction and demolition debris on City streets for
more than four (4) hours.
b. Franchisee and each permittee shall ensure that each vehicle carries, in a readily
accessible location, the vehicle registration, certificate of insurance card and an identification card
with the name of a person to contact in case of an accident. Each vehicle shall also be equipped
with a five -pound fire extinguisher certified by the California State Fire Marshal.
c. Franchisee and each permittee shall inspect each vehicle daily to ensure that all
equipment is operating properly. Vehicles that are not operating properly shall not be used to
provide service until repaired.
d. Franchisee and each permittee shall perform all scheduled maintenance for
vehicles and other equipment in accordance with the manufacturer's specifications and schedule.
e. Franchisee and each permittee shall keep accurate records of all vehicle
inspections and maintenance, recorded according to date and mileage, and shall make such
records available to the Public Works Director upon request.
f. Franchisee and each permittee shall furnish the Public Works Director a written
inventory of all vehicles, including collection vehicles, used in providing service and shall update
the inventory annually. For each vehicle, the inventory shall list the vehicle manufacturer, vehicle
identification number, date of acquisition, type, capacity and decibel rating.
21 -23.6 Deposit of Contents of Containers; Delivery of Contents of Vehicles.
The franchisee and each permittee shall deposit the contents of all solid waste, recyclable
materials, organic containers, specialty recyclable materials, and construction and demolition
debris directly into the vehicle provided therefor and shall process or dispose of the contents of
such vehicle on the day of collection.
1 -2 -03 Revision Page 25 of 32
21 -23.7 Maintenance of Containers.
Franchisee and each permittee shall be responsible for repair and maintenance of all its
containers provided to customers. Franchisee and each permittee shall be responsible for
periodically cleaning its containers, except its carts, so that such containers are sanitary and have
a clean and neat appearance. Customers using carts shall be responsible for cleaning carts so that
they are sanitary and have a •clean and neat appearance.
21 -23.8 Franchisee's and Permittees' Employees.
a. General. Franchisee and each permittee shall employ only competent, qualified,
sober and drug -free persons who serve the public in a courteous, helpful and impartial manner.
b. Non - Discrimination. Franchisee shall hire employees without regard to race,
religion, color, national origin, sex, political affiliation, or any other non -merit factor.
c. Licenses. Any employee driving the franchisee's or permittees' vehicles shall
have in his or her possession at all times a valid and appropriate vehicle operator's license issued
by the State of California. .
d. Training. Franchisee and each permittee shall provide suitable operational and
safety training for all employees who operate vehicles or equipment. Franchisee and each
permittee shall train employees involved in solid waste, recyclable materials, organic materials,
specialty recyclable materials, or construction and demolition debris collection to identify, and
not to collect, unacceptable waste.
e. Supervision. Franchisee and each permittee shall designate one qualified
employee as supervisor of field operations within the City. Unless otherwise approved by the
Public Works Director upon a showing of impracticality or hardship, the field supervisor will
devote his or her time in the field checking on collection operations, and responding to
complaints.
21 -23.9 Required Reporting and Record Keeping.
Franchisee and each permittee shall provide full, complete and accurate reports and records
listed below that shall be subject to review and reproduction by the Public Works Director.
a. • Daily Records. Franchisee and permittee shall record on a daily basis the
quantities of solid waste, recyclable materials, organic materials, specialty recyclable materials,
and construction and demolition debris collected, and shall retain receipts documenting the
delivery of all materials to material recovery facilities and processing sites.
b. Quarterly Reports. On or before January 15, April 15, July 15, and October 15
of each year, each permittee shall submit quarterly reports to the Public Works Director. The
quarterly report shall provide information regarding permittee's collection operations in the City
including, but not limited to:
1. Monthly tonnage of construction and demolition debris, specialty
recyclable materials or recyclable materials collected by the permittee in the City by material
type, listed separately for residential and commercial customers;
2. The quantity of each type of construction and demolition debris
3. The quantities of each type of material diverted from a disposal. site;
4. Names of the materials recovery facilities and processing sites to which
the materials were delivered and the quantities of materials delivered to each and,
5. Customer account summary, listing the number of customers by material
collected;
Page 26 of 32
n
type collected, container size, frequency of pickup and commercial or residential customer.
c. Annual Reports. On or before January 15 of each year, permittee shall submit an
annual report to the Public Works Director. The annual report shall provide information regarding
permittee's collection operations in the City including, but not limited to:
1. All information required by the quarterly reports as described in
subsection 21- 23.9(b).
2. A written inventory of vehicles as required by subsection 21- 23.5(f).
d. Franchise Agreement. Franchisee shall provide reports as required in the
franchise agreement.
e. Other Records. Other records shall be maintained pursuant to this section as may
be necessary to assist the City in meeting its obligations under the Califomia Integrated Waste
Management Act of 1989.
21 -23.10 Retention of Records.
Franchisee and permittees shall keep and preserve all records required under this article,
or any other similar records or reports that the Public Works Director deems, in his or her sole
discretion, necessary to evaluate franchisee's and permittees' performance under this chapter for
five (5) years after termination or expiration of the franchise or permit.
21 -23.11 Inspection Availability.
The Public Works Director shall have the right to inspect, review, and reproduce the
documents and records required pursuant to this article. The records shall be made available for
unannounced, onsite inspection during regular business hours.
21 -23.12 Cooperation with City- Initiated Studies.
Franchisee and each permittee shall cooperate with the Public Works Director in
performance of City- initiated studies of solid waste, recyclable materials, organic materials,
specialty recyclable materials, or construction and demolition debris such as, but not limited to,
waste characterization and composition studies.
21 -23.13 Payment of Fees.
a. Franchisee and each permittee shall remit to the City all fees established by the
City on or before the twentieth (20th) day of each month. If such remittance is not paid to the
City on or before the twentieth (20th) day of any month, franchisee and permittee shall pay in
addition to the amount owed to the City a penalty of two percent (2 %) of the amount owing for
that month. Franchisee and each permittee shall pay as a further penalty an additional two
percent (2 %) owing on any unpaid balance for each following thirty (30) calendar day period the
fee remains unpaid.
b. Each monthly remittance submitted shall be accompanied by a statement
itemizing each fee paid, detailing calculation of all fees.
1 -2 -03 Revision
Page27 of 32
ARTICLE VI. WASTE MANAGEMENT PLANS.
21 -24 WASTE MANAGEMENT PLANS.
Subsections:
23 -24.1 Projects Subject to WMP Requirement.
23 -24.1A Submission of Waste Management Plans.
23 -24.2 Approval/Non- Approval of Waste Management Plans.
23 -24.3 Compliance with Waste Management Plans.
23 -24.4 Infeasibility Exemption.
23 -24.5 Appeal.
23 -24.1 Projects Subject to Waste Management Plan (WMP) Requirement.
a. Mandatory Compliance. All projects within the City, including City-sponsored
projects, which the City reasonably determines will cost $100,000 or more to construct shall be
subject to the WMP requirement of subsection 21-24.-1A. Failure to comply with any of the
terms of this chapter shall be punishable as an infraction pursuant to subsection 1 -5.1 of this
Code. For purposes of this provision, one or more permits for construction or demolition issued
within a short period of time (as for example, the time between the application for the initial
approval and the issuance of a certificate of occupancy or final inspection approval for that initial
approval) and with respect to the same premises or with respect to multiple premises owned by
the same person shall be deemed a single "project" unless the Building Official determines that
treating such permits as involving multiple projects will not obstruct the accomplishment of the
purposes of this chapter.
b. Voluntary Compliance. Applicants for permits for construction, demolition, and
renovation Projects which the Building Official reasonably determines will cost less than
$100,000 to construct shall be encouraged to divert at least fifty percent (50 %) of all project -
related construction and demolition debris. Such applicants shall be required to make a good faith
effort toward diversion.
c. Compliance as a Condition of Approval. Compliance with the provisions of this
Article shall be a condition of approval on any building or demolition permit issued by the City
and the Building Official shall provide the applicant written notice of that fact.
21 -24.1A Submission of Waste Management Plans.
a. WMP Forms. Applicants for building or demolition permits valued at more than
$100,000 shall complete and submit a Waste Management Plan ( "WMP ") on a form approved by
the Public Works Director. Applicants certifying that they have employed the services of a
franchisee holding a franchise under Section 21 -20 shall be exempt from the filing of a WMP but
shall meet the standards of Section 21 -24.3 of this chapter. A completed WMP shall indicate all
of the following:
1. the estimated volume or weight of C &D debris, by materials type, to be
generated;
1 -2 -03 Revision
Page 28 of 32
r
•
2. the maximum volume or weight of such materials that can feasibly be
diverted via reuse or recycling;
3. the vendor or facility that the C &D Applicant proposes to use to collect
or receive that material; and
4. the estimated volume or weight of C &D materials that will be sent to a
disposal site.
b. Calculating Volume and Weight of Debris. In estimating the volume or weight of
materials identified in the WMP, the C&D Applicant shall use Conversion Rates approved by the
City for this purpose.
21 -24.2 Approval/Non- approval of Waste Management Plans.
a. Approval. • No building or demolition permit shall be issued for any Project
valued at more than $100,000 unless the applicant has identified the franchisee as his or her
hauler or until the Public Works Director has approved the WMP or an exemption from the WMP
requirement. Approval shall not be required, however, where demolition is urgently required to
protect public health or safety. The Public Works Director shall only approve a WMP if he or she
determines that the following conditions have been met:
1. the WMP provides all of the information required by subsection 21-
24.1A of this Article;
2. the WMP indicates that at least fifty percent (50 %) of all C&D debris
generated by the Project, measured by weight or volume as the Public Works Director shall
determine in granting the approval, will be diverted from disposal sites; and
3. the Franchisee or Penmittee to be employed by C&D Applicant to collect
or receive the material has obtained a permit pursuant to subsection 21-21.1 and submitted the
bond required by subsection 21-21.2.
In approving a WMP pursuant to this Section, the Public Works Director may impose reasonable
conditions.
b. Non - approval. If the Public Works Director determines that the WMP is
incomplete or fails to indicate that at least fifty percent (50%) of all C&D debris generated by the
Project will be reused or recycled, he or she shall either
1. Deny the permit and provide the C&D Applicant a statement of reasons,
or
2 Return the WMP to the C&D Applicant requesting additional
information.
21-24.3 Compliance with Waste Management Requirements.
a. Documentation. Within 30 days after the completion of any Project, the C&D
Applicant shall submit to the Public Works Director documentation that it-has met the Diversion
Requirement for the Project. This documentation shall include all of the following
1. Receipts from the vendor or facility that collected or received each
material, showing the actual weight or volume of that material;
2. A copy of the WMP for the Project to which has been added the actual
volumes or weights of each material diverted and not diverted from disposal sites;
3. Any additional information the C&D Applicant believes is relevant to
determining its efforts to comply in good faith with this Article VI.
b. Weighing of Wastes. C&D Applicants shall make reasonable efforts to ensure
that all C&D debris diverted or not diverted from disposal sites is measured and recorded using
Page 29 of 32
• , l
the most accurate method of measurement available. To the extent practical, all C &D debris shall
be weighed on scales that comply with all regulatory requirements for accuracy and maintenance.
For C &D debris for which weighing is not practical due to small size or other considerations, the
C &D Applicant shall measure the volume of the waste and express that volume in terms of
weight using the Conversion Rates approved by the City for this purpose.
c. Determination of Compliance: The Public Works Director shall review the
information submitted under subsection (a) of this Section and determine whether the C &D
Applicant has complied with the Diversion Requirement, as follows:
1. Full Compliance. If the Public Works Director determines that the C &D
Applicant has fully complied with the Diversion Requirement, he or she shall release the
Performance Security with respect to the Project.
2. Good Faith Effort to Comply. If the Public Works Director determines
that the Diversion Requirement has not been achieved for a Project, he or she shall determine
whether the C &D Applicant has made a good faith effort to comply with this Article VI. In
making this determination, the Public Works Director shall consider the availability of markets
for the C&D debris not diverted from disposal sites, the size of the Project, and the documented
efforts of the C&D Applicant to divert C&D debris. If the Public Works Director determines that
the C &D Applicant has made a good faith effort to comply with this Article, he or she shall
release the Performance Security with respect to the Project.
3. Noncompliance. If the Public Works Director determines that the C &D
Applicant has not made a good faith effort to comply with this Article, or if the C&D Applicant
fails to submit the documentation required by subsection (a) of this subsection within the required
time period, then the C&D Applicant shall be assessed a fine and penalty in an amount annually
established by the Public Works Director for each ton of material that was to be diverted as set
forth in the WMP, but was not demonstrated by C&D Applicant to have been diverted. The
Public Works Director may collect the penalty from the C&D Applicant or from the Franchisee
or Permittee or may deduct it from the bond posted by the Franchisee or Permittee pursuant to
subsection 21 -21.2.
d. Withholding Construction Permits for Non - Compliance. The Building Official
shall not issue a certificate of occupancy or a final inspection approval pursuant to the building
code of the City for any project for which a C&D Applicant is not in compliance with this article
unless that non - compliance has been resolved by payment of the penalty provided in, paragraph
(cX3) of this subsection.
e. Compliance Requirements'for Franchisee. C&D debris hauled by a franchisee
holding a franchise under Section 21 -20 is exempt from the requirement of a WMP under Section
21- 24.1A(a), but must nonetheless be handled so as to divert from disposal sites at least 50% of
the C &D debris by weight or volume, as determined by the Public Works Director, unless an
exemption is granted pursuant to Section 21 -24.4. Failure of the C&D Applicant or a franchisee
to attain the 50% diversion requirement or a lesser requirement established pursuant to Section
21 -24.4 shall be subject to the penalties and other remedies provided by this chapter for violation
of the diversion requirement of a WMP, including withholding of a certificate of occupancy or
final inspection approval from the C&D Applicant or penalizing the franchisee and liquidating
that penalty by resort to any bond submitted by franchisee pursuant to this chapter.
21 -24-4 Exemption.
a. Application. If a C &D Applicant experiences unique circumstances that he or
she believes make it infeasible to comply with the Diversion Requirement, the C &D Applicant
may apply for an exemption at the time that he or she submits the WMP required under
1 -2 -03 Revision
Page 30 of 32
subsection 21 -24.1. The C &D Applicant shall indicate the maximum diversion rate he or she
believes is feasible for each material and the specific circumstances that he or she believes make
it infeasible to comply with the Diversion Requirement.
b. Meeting with Public Works Director. The Public Works Director shall review
the information supplied by the C&D Applicant and may meet with the C&D Applicant to
discuss ways to meet the Diversion Requirement. Based on the information supplied by the C &D
Applicant, the Public Works Director shall determine whether it is possible for the C &D
Applicant to meet the Diversion Requirement.
c. Granting of Exemption. If the Public Works Director determines that it is
infeasible for the C&D Applicant to meet the Diversion Requirement due to unique
circumstances, he or she shall determine the maximum feasible diversion rate for each material
and shall indicate this rate on the WMP.
d. Denial of Exemption. If the Public Works Director determines that it is possible
for the C&D Applicant to meet the Diversion Requirement, he or she shall so inform the C&D
Applicant in writing. The C&D Applicant shall have 30 days to resubmit a WMP in full
compliance with subsection 21- 24.1A.
e. Denial for Failure to Resubmit. If the C&D Applicant fails to resubmit the
WMP, or if the resubmitted Wj MP does not comply with subsection 21- 24.1A, the Public Works
Director shall deny the WMP.
21 -24.5 Appeal.
A Franchisee, Permittee or C&D Applicant may appeal a decision of the Public Works
Director to deny, approve, or conditionally approve a WMP, to determine compliance or non-
compliance with a WMP or to determine eligibility for an Infeasibility Exemption by filing a
notice of appeal with the City Clerk not later than six (6) calendar days following issuance of the
Public Works Director's decision. The notice of appeal shall be in a fonn prescribed by the Public
Works Director, shall contain a statement of the reasons why the appellant believes the Public
Works Directors decision or determination does not comply with this section, and shall set forth
the relief requested. The appeal shall be heard and finally decided by the City Manager within
thirty (30) calendar days following the filing of the notice of appeal, unless continued by the City
Manager for good cause. The City Manager shall notify the appellant in writing of his or her
decision within three (3) business days.
• Section 2. This ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Section 3. The City Council of the City of Alameda hereby declares that it would
have adopted each and every provision of this Ordinance notwithstanding the fact that any other
provision hereof might later be declared unenforceable and to that end the provisions of this
Ordinance are severable. The provisions of this Ordinance shall be construed to the extent
possible to be constitutional, not preempted by prevailing state or federal legislation and
otherwise lawful. If such construction is not possible, then the offending provision shall be _
severed from the remainder of this ordinance, which remainder shall be enforced to the fullest
extent of the City's legal authority.
Page 31 of 32
Section 4. City of Alameda Ordinance No. ?2885, "Urgency Ordinance Adopting
Ordinance No. 2886 Which Repeals and Replaces Chapter XXI (Solid Waste and Recycling) of
Alameda Municipal Code and Making Said Ordinance Effective on October 6, 2002 ", adopted by
the City Council on September 17, 2002, is hereby repealed.
Attest:
P° l J
City Clerk
Revised: 10/28/02
ae
Presiding Officer of the Council
Page 32 of 32
a. „
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in the adjourned regular meeting
assembled on the 6th day of November, 2002 by the following vote to wit:
AYES: Councilmembers Daysog, Johnson, Kerr, and Acting
Mayor DeWitt - 4.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
7th day of November, 2002.
wU
Lara Weisiger, City Cleik
City of Alameda