HomeMy WebLinkAbout4.6 - 3003 Ordinance Amending Chapter 5.32 of the Dubl
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: December 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Ordinance Amending Chapter 5.32 of the Dublin Municipal Code Relating
to Solid Waste Management
Prepared by: Rebecca Parnes, Environmental Technician
EXECUTIVE SUMMARY:
The City Council will consider adopting an ordinance amending Chapter 5.32 of the
Dublin Municipal Code regarding solid waste management. This ordinance would adopt
a regulatory and permitting mechanism for self-hauling of solid waste and recyclable
materials.
STAFF RECOMMENDATION:
Waive the reading and adopt an Ordinance Amending Chapter 5.32 of the Dublin
Municipal Code Relating to Solid Waste Management.
FINANCIAL IMPACT:
To cover administrative costs, the Ordinance provides for the adoption of an annual
self-haul permit fee, in an amount to be established by resolution of the City Council.
DESCRIPTION:
On December 3, 2019, the City Council waived the reading and intro duced an
Ordinance to amend Chapter 5.32 of the Dublin Municipal Code regarding solid waste
management. The Ordinance is now ready for adoption.
Earlier this year, City staff received an inquiry from a Dublin -based facility asking
whether the facility could self-haul their solid waste and recyclable materials, in lieu of
services from the City’s exclusive solid waste franchisee, Amador Valley Industries. The
inquiry prompted discussions among Staff, the City Attorney, and Amador Valley
Industries, as well as a close review of the Dublin Municipal Code, Chapter 5.32 - Solid
Waste Management. Amador Valley Industries agreed with the City’s determination that
the current municipal code, while somewhat ambiguous, allows for self -hauling.
While the current version of Chapter 5.32 authorizes self-hauling, it lacks a mechanism
Page 2 of 2
for the City to permit self-haulers and to regulate self-hauled materials for diversion
tracking purposes. This Ordinance will adopt a self-hauler permit program and will
require an applicant to demonstrate that they meet storage, removal, transportation, and
disposal requirements to obtain a self-haul permit. The Ordinance will also require each
permittee to submit quarterly tonnage reports, including information about where each
material stream was taken.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
No noticing was conducted for this Ordinance. If adopted, information about the
Ordinance will be posted in at least three public places in the City of Dublin i n
accordance with Government Code section 36933.
ATTACHMENTS:
1. An Ordinance of the City of Dublin Amending Chapter 5.32 of the Dublin Municipal
Code Relating to Solid Waste Management
ORDINANCE NO. __ - 19
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.32
OF THE DUBLIN MUNICIPAL CODE RELATING TO SOLID WASTE MANAGEMENT
The City Council of the City of Dublin does hereby ordain as follows:
Section 1: Chapter 5.32 of the Dublin Municipal Code is hereby amended to read as
follows (additions shown in underline and deletions shown in strikethrough):
Chapter 5.32
SOLID WASTE MANAGEMENT
Sections:
Article I. General Provisions
5.32.010 Title.
5.32.020 Findings.
5.32.030 Purpose.
5.32.040 Definitions.
Article II. Solid Waste Accumulation, Storage and Delivery
5.32.050 Storage in receptacles—Exceptions.
5.32.060 Types of receptacles required—Maintenance.
5.32.061 Use of public solid waste receptacles.
5.32.070 Location of receptacles.
5.32.080 Removal of solid waste.
5.32.090 Payment of solid waste charges.
5.32.091 Minimum subscription for solid waste collection required.
5.32.094 Payment for minimum service.
5.32.100 Responsibilities of collector.
5.32.110 Submission of invoices and receipts.
5.32.115 City entitled to payment for minimum residential service.
5.32.120 Collection—Time and location.
Article III. Solid Waste Collection and Transportation
5.32.130 Exclusive and nonexclusive franchises—Exemptions.
5.32.140 Collection rates—Designation of minimum service.
5.32.150 Owner/occupant transporting solid waste Self-haul permit.
Article IV. Recycling
5.32.160 Source separation.
5.32.220 Recycling transporter—Permit—Expiration.
5.32.240 Recycling facility—Permit required—Application.
5.32.250 Recycling facility—Permit application—Filing.
5.32.260 Recycling facility—Permit—Display—Expiration.
5.32.270 Recycling facility—Permit—Revocation.
5.32.280 Appeals procedure.
5.32.282 Recycling facility and recycling transporter—Reporting required.
5.32.284 Inclusion of identification on receptacle.
5.32.286 Ownership of source-separated materials.
Article V. Enforcement
5.32.290 Necessity.
5.32.300 Administrative officer designated.
5.32.310 Authority to implement civil remedies.
5.32.320 Loss of revenue—Civil remedies.
5.32.330 Inspections.
5.32.340 Right of entry.
5.32.350 Nuisance—Civil remedies.
5.32.360 Violation—Penalty.
5.32.365 Unauthorized containers.
Article VI. Procedures for Revocation of Permits
5.32.370 Failure to furnish requested information.
5.32.380 Failure to comply.
5.32.390 Hearing—Notice required.
5.32.400 Notice of hearing—Service.
5.32.410 Action by City Council.
Article I. General Provisions
5.32.010 Title.
This chapter may be referred to and cited as the “solid waste management ordinance of
the city of Dublin.” (Ord. 2-86 § 2 (5-100))
5.32.020 Findings.
The management of solid waste is a matter of great importance to the city, and its
citizens, visitors, property owners and businesses. The city has found that the publi c
health, safety, and well-being require that the generation, accumulation, handling,
collection, transportation, conversion and disposal of solid waste be controlled and
regulated by the city through the comprehensive system provided in this chapter. The
establishment and maintenance of this system will benefit the city and all its citizens,
visitors, property owners and businesses apart from and in addition to individual use.
The system seeks to maintain a readily available solid waste disposal service which the
city wants to be reliable, clean, efficient and economical. The system will help to reduce
the harboring and breeding of rodents and insects, to reduce the spread of disease, and
to prevent pollution and other unsightly degradation of the environment. The
comprehensive solid waste management system provided in this chapter is found to be
in the public interest. (Ord. 2-86 § 2 (5-101))
5.32.030 Purpose.
The purpose and object of this chapter are to accomplish the foregoing results, and the
provisions thereof shall be construed to give full effect to the accomplishment of such
purpose and object. (Ord. 2-86 § 2 (5-102))
5.32.040 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
“Collection” means the removal and transportation of solid waste by the collector from
the place of delivery to a disposal facility approved under the collector’s agreement with
the city or by a nonexclusive franchise.
“Collector” means that person or business having an exclusive franchise agreement
with the city granting to him or it the exclusive privilege of collecting or causing to be
collected or transported for a fee any solid waste within the city or any portion thereof.
“Construction and demolition debris” means used or discarded materials resulting from
construction, remodeling, repair or demolition operations on any pavement, house,
commercial building, or other structure and such other materials as may be removed
during the normal cleanup process of such construction, remodeling, repair, or
demolition operations.
“Construction and demolition debris collection service” means the collection of
construction and demolition debris by a person or company that holds a valid
nonexclusive franchise from the city and the delivery of that material to an appropriate
facility.
“Delivery” of solid waste shall be deemed to occur when solid waste is deposited in a
receptacle or at a location that is designated for collection pursuant to this chapter, or is
otherwise discarded.
“Director” means the City Manager or the designee of the City Manager.
“Fixed body vehicle” means an end-dump trailer hauled by a tractor, a dump truck, or
other such vehicle where the container portion of the vehicle used to collect and
transport construction and demolition debris is a fixed part of the vehic le body. Fixed
body vehicles do not include vehicles manufactured to or designed to transport and
deliver construction and demolition debris boxes.
“Hazardous waste” means any waste now or hereafter classified as hazardous pursuant
to applicable federal, state or local law.
“Owner” means the owner or owners of real property having fee title to the property as
identified in the most recent equalized assessment roll of the Alameda County
Assessor.
“Recycling” means the process of treating and reconstituting solid waste for the purpose
of using the altered form. The collection, handling, transfer or disposal of solid waste not
source-separated or not intended for or capable of recycling is not “recycling” within the
meaning of this chapter. Putrescible solid waste (except animal wastes or remains for
use only as tallow) is rebuttably presumed to be not capable of being recycled.
“Recycling” also does not include the processing or use of solid waste for conversion to
energy.
“Recycling facility” means any location, within or without the city limits of the city, which
accepts recyclable materials that have been source-separated from solid waste
generated in the city for the sole purpose of recycling as defined herein.
“Self-haul” means solid waste and/or source-separated recycling materials transported
to a processing or disposal facility by the owner or occupant of the premises on which
the materials were generated, or by the owner or occupant’s full-time employees,
consistent with Section 5.32.150.
“Solid waste” means all putrescible and nonputrescible solid, semi-solid and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial or commercial
wastes, demolition and construction wastes, discarded home and industrial appliances,
animal solid and semi-solid wastes other than fecal matter, vegetable wastes, and other
discarded solid and semi-solid wastes, but does not include hazardous waste, as herein
defined, sewage or abandoned automobiles.
“Source separation” means the segregation into sep arate containers by the waste
generator, prior to delivery, of individual components of solid waste, such as glass
bottles, cans, newspapers, and corrugated containers, for the sole purpose of
“recycling” as defined herein.
“Tenant,” when used with reference to a residence, means any person or persons other
than the owner occupying or in possession of the residence.
“Waste generator” means the property owner, resident, tenant, lessee, occupant, or
business which produced the waste in the city in the first instance. This definition
excludes any person who collects from or accepts shipment of waste from another
person for the purposes of separating, recycling or otherwise disposing of such waste.
(Ord. 17-05 § 1: Ord. 2-92 § 1 (A); Ord. 2-86 § 2 (5-103))
Article II. Solid Waste Accumulation, Storage and Delivery
5.32.050 Storage in receptacles—Exceptions.
A. All solid waste produced, deposited, kept, or accumulated upon any lot or parcel of
land, whether public or private, shall be kept in receptacles o r containers as hereinafter
provided. All such waste, in the receptacles or containers in which it is kept, shall be
delivered for collection as hereinafter provided, with the following exceptions:
1. Lawn and garden trimmings and dead leaves removed from a site by a
gardening, landscaping, or tree trimming contractor, as an incidental part of a total
service offered by that contractor rather than as a hauling service;
2. Construction and demolition debris as defined herein which is removed in
accordance with such definition, except that debris generated at a demolition site
by a licensed demolition contractor, under the authority of a currently valid
demolition permit issued by the city of Dublin, need not be kept in a receptacle or
container;
3. Materials source separated for recycling for which the generator receives
compensation from the person collecting such materials;
4. Materials source separated for recycling that the generator donates to youth,
civic, or charitable organizations, no matter how the materials are transported;
5. Animal wastes and remains from slaughterhouses or butcher shops for use as
tallow;
6. Solid waste transported by the owner or occupant of any residence to a fully
licensed public disposal facility; provided, that such person may not transport solid
waste from more than one residential unit; and
7. Hazardous waste.
B. Hazardous waste shall not be delivered to the collector under the provisions of this
article, except as the collector may agree by a separate contract with the generator or
owner of any hazardous waste or through any further program arranged with the
legislative body having jurisdiction. Every generator, keeper, custodian or owner of
hazardous waste is, and shall remain, responsible for the safe disposal of such waste
pursuant to applicable law.
C. Every generator, keeper, custodian or owner of material covered by items 1, 2, 3,
4, 5, or 6 of subsection A of this section is, and shall remain, responsible for its safe
handling and disposal in accordance with this chapter and with other applicable law.
D. Nothing herein shall prevent the collector from accepting, collecting or transporting
material covered by items 1, 2, 3, 4, 5, or 6 of subsection A of this section if delivered or
otherwise offered to the collector. (Ord. 17-05 § 2: Ord. 2-86 § 2 (5-200))
5.32.060 Types of receptacles required—Maintenance.
Every owner, lessor, lessee, tenant, employee, or occupant of any premises where solid
waste is created, deposited, kept, produced, or accumulated shall provide for use upon
such premises and shall use one or more watertight, noncorrodible, nonabsorbent and
durable receptacles which shall be kept in a clean and sanitary condition at all times.
The standard size container for residential and commercial services shall have a
capacity not exceeding thirty-two (32) gallons and shall be of a design approved by the
Director; provided, that receptacles of a net capacity of more than thirty -two (32) gallons
may be used when approved by the Director and the collector. When delivered for
collection, no such receptacle shall be filled so as to exceed a gross weight of seventy -
five (75) pounds, including the receptacle and its contents, except for automated
container collection. The Director may establish reasonable weight limits for safe
handling of automated collection containers. The receptacle shall be kept tightly
covered at all times by a tightfitting noncorrodible cover, except when solid waste is
being deposited therein or removed therefrom, and shall at all times be proofed against
access by flies, rodents, and animals. (Ord. 2-86 § 2 (5-201))
5.32.061 Use of public solid waste receptacles.
It shall be unlawful for any person to place or cause to be placed in any solid waste
receptacle owned or maintained by the city of Dublin and located upon any public street
or public place, any solid waste matter originating within or upon any private property;
provided, however, that pedestrians or other persons using such street or public place
shall be permitted to deposit in receptacle miscellaneous small articles of waste matter
carried by them. (Ord. 2-92 § 1(E)(1))
5.32.070 Location of receptacles.
All solid waste receptacles delivered for collection shall be placed so as to be readily
accessible for removal and emptying by the collector, but they shall not be placed within
the vehicle traveled portion of any street, road, avenue, way or alley, or at any location
so as to constitute a nuisance. By the day after collection, all residential collection
containers must be removed so as not to be visible from the street, except for such
containers stored in side yards. Flashers shall be required on all collection containers
four cubic yards in capacity or larger placed in the non-traveled portion of the street for
more than twenty-four (24) hours. (Ord. 14-88 § 1: Ord. 2-86 § 2 (5-202))
5.32.080 Removal of solid waste.
A. All solid waste created, deposited, kept, produced, or accumulated in, on or about
any dwelling, premises, lot or parcel of land, whether public or private, shall be delivered
to the collector, or removed by the waste generator where permitted by
Sections 5.32.130 and 5.32.150, at least once each week or more often if required by
the Director unless and to the extent specifically exempted in Section 5.32.050.
B. If the city is advised by the collector that service has not been initiated as provided
for herein, or the Director determines that additional service is necessary, city shall give
the owner written notification that such service is required. If the required service is not
initiated within fifteen (15) days from the date of mailing of the city’s notice, the city may
require the collector to initiate and continue that solid waste service for said residential
unit. (Ord. 2-92 § 1 (B): Ord. 2-86 § 2 (5-203))
5.32.090 Payment of solid waste charges.
The owner or owners shall subscribe to and pay for solid waste collection and disposal
services rendered by the collector. Nothing in this section is intended to prevent an
arrangement, or the continuance of an existing arrangement under which subscription,
or payments for solid waste collection service, or both subscription and payment for
such service is made by a tenant, tenants, or any agent on behalf of the owner.
However, any such arrangement will not affect the owner’s obligation should such
subscription or payments not be made. (Ord. 2-92 § 1 (C): Ord. 2-86 § 2 (5-204))
5.32.091 Minimum subscription for solid waste collection required.
Effective March 1, 1992, each property in the city shall subscribe to a minimum service
level, unless exempted under section 5.32.130. For any residence which is not serviced
by a commercial bin, the minimum service level shall be identified in the resolution
required in Section 5.32.140. Minimum service to multifamily residences, commercial,
industrial and institutional properties shall be as approved by the Director, in the event
that central bin service is provided to multiple users on a property under single
ownership. The criteria used by the Director shall assure that the level of service is
adequate to protect health, safety and public welfare. (Ord. 2 -92 § 1(E)(2))
5.32.094 Payment for minimum service.
Every person in possession or control of property in the city of Dublin which is provided
garbage collection service by the collector shall pay such garbage fees as are set forth
in Section 5.32.140.
Fees and charges for the minimum service level for all residential units not receiving
commercial bin service for the period of July 1st, to and including June 30th of each
fiscal year shall be filed by the city and with the County Auditor of the county of
Alameda prior to August 10th, who shall enter such fees and charges as an assessment
on the tax roll and against the respective premises. The imposition of these
assessments shall be in accordance with a resolution duly adopted by the City Council.
The resolution levying the assessment may include the administrative costs associated
with the cost of providing the service. Said assessments shall be collected at the same
time and in the same manner as ad valorem taxes and other charges as are otherwise
collectible by the county and shall be subject to the same penalties and the same
procedures and sale in the case of delinquencies as proved for such taxes. All laws
applicable to the levying, collection and enforcement of ad valorem taxes shall be
applicable to such assessments as provided herein. All other fees and charges not
assigned for collection to the County Auditor shall be billed and collected by the
collector. (Ord. 4-93 § 1(A))
5.32.100 Responsibilities of collector.
The collector shall collect all solid waste delivered to such places of collection and at
such intervals as set forth herein and shall transfer the contents of all solid waste
receptacles into the vehicles provided therefor. The collector shall clean up any solid
waste spilled during the collection and shall completely empty the receptacles and
replace lids. The collector shall continue to provide uninterrupted minimum refuse
collection service as identified in Section 5.32.140 to all residences. (Ord. 4-93 § 1(B):
Ord. 2-86 § 2 (5-205))
5.32.110 Submission of invoices and receipts.
The collector shall, at least quarterly, submit to every regular customer within the city a
written, dated invoice for sums due and payable to be collected. Amounts due under
this section shall exclude charges for the minimum service level. In the event the
collector submits an invoice in advance of or at the beginning of a particular quarter, the
sums due for such quarter shall not be deemed delinquent until the expiration of the
second month of such quarter. The collector also shall, if requested by any c ustomer,
render a written, dated receipt for any money received by the collector from such
customer on account of solid waste collection services rendered or to be rendered.
(Ord. 4-93 § 1(C): Ord. 2-86 § 2 (5-206))
5.32.115 City entitled to payment for minimum residential service.
The collector city shall be entitled to payment from the owner as described in this
chapter. Any assessments as described in Section 5.32.094 which remain unpaid may
be collected thereafter by the city as provided herein.
A. As scheduled and deemed appropriate by city, the City Council shall consider a
report of delinquent accounts.
B. The city shall determine the name or names of the owner of the real property for
which the service was provided, as identified in the latest equalized assessment roll of
the County Assessor. The city shall identify the total amount due, including reasonable
administrative charges as established by the city. The City Council shall fix a time, date
and place for hearing any objections or protests thereto.
C. The Director shall cause a notice of the hearing to be mailed to the owners listed
on the report not less than ten (10) days prior to the date o f the hearing.
D. At the hearing, the City Council shall hear any objections or protest of owners liable
to be assessed for delinquent fees and administrative charges. The City Council may
make revisions or corrections to the report as it deems just, af ter which, by resolution,
the report shall be confirmed.
E. The delinquent fees and charges set forth in the report as confirmed shall
constitute a special assessment against the respective parcel of land and shall be a lien
on the property for the amount of such delinquent fees and charges.
F. A certified copy of the confirmed report shall thereafter be filed with the appropriate
county official for the amounts of the respective assessments against the respective
parcels of land as they appear on the current assessment roll. The lien created attaches
upon recordation, in the office of the County Recorder of the county of Alameda, of a
certified copy of the resolution of confirmation. The assessment may be collected at the
same time and in the same manner as ordinary county ad valorem property taxes are
collected, and shall be subject to the same penalties and the same procedure and sale
in the case of delinquency as provided for such taxes. All laws applicable to the levy,
collection and enforcement of county ad valorem property taxes shall be applicable to
such assessment, except that if any real property to which such lien would attach has
been transferred or conveyed to a bona fide purchaser for value has been created and
attaches thereon, prior to the date in which the first installment of such taxes would
become delinquent, then the lien which would otherwise be imposed by this section
shall not attach to such real property and the delinquent fees, as confirmed, relating to
such property shall be transferred to the unsecured roll for collection. (Ord. 4-93 § 1(D):
Ord. 2-92 § 1(E)(7))
5.32.120 Collection—Time and location.
Collection from single-family residences shall be from locations determined by
resolution of the City Council. Collection from other premises shall be at places agreed
upon by negotiation between the solid waste collector and the waste generator. All
collections from residences and commercial properties adjacent to residences shall
begin not earlier than six a.m. (6:00 a.m.). (Ord. 17-05 § 3: Ord. 2-86 § 2 (5-207))
Article III. Solid Waste Collection and Transportation
5.32.130 Exclusive and nonexclusive franchises – Exemptions.
A. Franchise Required. No persons other than the holder of the exclusive franchise
granted pursuant to subsection C of this section or persons granted a nonexclusive
franchise agreement with the city pursuant to subsection D of this section shall collect,
transport or convey, or cause or permit to be collected, transported or conveyed, on any
city street any solid waste for a fee or any consideration whatsoever.
B. Exemption from Franchise Requirement. Notwithstanding the foregoing, the
following shall be exempt from the franchise requirement set forth in subsection A of this
section:
1. The collection of materials source-separated for recycling for which
compensation is provided to the waste generator.
2. Materials source-separated for recycling that the generator donates to youth,
civic, or charitable organizations, no matter how the materials are transported.
3. Solid waste and source-separated materials for recycling transported self-
hauled to a processing or disposal facility by the owner or occupant of the
premises on which the materials were generated or by the owner’s or occupan t’s
full-time employees, provided such self-hauling is consistent with Section 5.32.150.
4. Lawn and garden trimmings and dead leaves removed from a site by a
gardening, landscaping or tree trimming contractor, as an incidental part of a total
service offered by that contractor rather than as a hauling service, if such waste is
transported in a manner which ensures no spillage or litter of highways or city
streets.
5. Large items removed from a premises by a property cleanup or maintenance
company as an incidental part of cleanup or maintenance service offered by the
company and not as a separate hauling service.
6. The collection and transport of animal wastes and remains for tallow;
provided, that a permit for such collection and transport has been issued by the
Alameda County Health Officer.
7. Containers delivered for recycling under the California Beverage Container
Recycling Litter Reduction Act, Public Resources Code Sections 14500 et seq., no
matter how delivered.
8. Hazardous waste.
9. The collection and removal of construction and demolition debris from a
construction site by the construction contractor; provided, that the hauling is
performed by the contractor itself using its own employees and equipment and not
by a subcontracted hauling company.
10. The collection and removal of construction and demolition debris from a
demolition site by a licensed demolition contractor using its own employees and
equipment and not by a subcontracted hauling company, under the authority of a
currently valid demolition permit issued by the city of Dublin, when such removal is
accomplished through the use of a fixed body vehicle.
C. Exclusive Franchise. The city may enter into an exclusive franchise agreement
granting to one (1) person the exclusive right to collect or transport, or cause to be
collected or transported for a fee, all solid waste within the city or any portion thereof.
The franchise agreement shall provide detailed requirements for the management and
disposal of solid waste in the city and provide for regulation of the fees to be collected
under the exclusive franchise.
D. Nonexclusive Franchises. The city may enter into nonexclusive franchise
agreements granting to a person the right to collect or transport, or cause to be
collected or transported for a fee, solid waste within the city or any portion thereof, if the
collection and transport of such waste is not subject to the exclusivity provisions of the
exclusive franchise or if the generator is exempted by law from complying with the
requirement in Sections 5.32.080 and 5.32.090 that all generators of solid waste within
the city deliver such waste to and contract with the collector for solid waste collection
and disposal services. The nonexclusive franchise agreement shall provide detailed
requirements for the management and disposal of solid waste in the city. The franchise
agreement shall not regulate the fees collected under the nonexclusive franchise . (Ord.
17-14 § 2: Ord. 17-05 § 4: Ord. 4-90 § 1; Ord. 2-86 § 2 (5-300))
5.32.140 Collection rates—Designation of minimum service.
Maximum rates of compensation for the collection of solid waste within the city under
the exclusive franchise shall be adopted by a resolution of the City Council. The
resolution shall also describe the minimum service required for any residence pursuant
to Section 5.32.091, including a description of all services included in the minimum
service level. (Ord. 17-05 § 5: Ord. 2-92 § 1(D): Ord. 2-86 § 2 (5-700))
5.32.150 Owner/occupant transporting solid waste Self-haul permit.
A. Consistent with Section 5.32.130, a waste generator who is the owner or occupant
of the premises on which the waste or materials were generated, or the owner’s or
occupant’s full-time employees, any residence may transport self-haul solid waste
and/or source-separated recyclable materials generated by the premises, it provided
that the generator is in possession of a valid self-haul permit issued under this section.
only to the following A self-hauler permitted under this section destinations; provided,
that such person may not transport solid waste or source-separated recyclable
materials from more than one residential unit any other premises, residence, or location.
For solid waste, the designated receiving area at a fully licensed public disposal facility;
2. For materials for recycling, a recycling facility holding a permit issued under this
chapter, provided that the material has been source-separated, contains no putrescible
matter and is untainted by putrescible matter.
B. Such solid waste or materials for recycling may not be permitted to leak, spill,
overflow or litter upon any public street or highway. (Ord. 2-86 § 2 (5-301))
B. Requirements. The city may issue a permit to self-haul if the generator
demonstrates to Director’s satisfaction that the generator complies with all of the
following:
1. Storage. Store all solid waste and recyclable materials located on their
premises in compliance with this Chapter, including container specifications,
closure and maintenance;
2. Removal. Collect and remove all solid waste or source-separated recyclable
materials at least once weekly, or as often as required under Section 5.32.080;
3. Transportation. Such solid waste or materials for recycling may not be
permitted to leak, spill, overflow or litter upon any public street or highway;
4. Disposal.
a. Solid waste must be transported to the designated receiving area at a
fully licensed public disposal facility; and
b. Recycling materials may be transported to a recycling facility holding a
permit issued under this Chapter, provided that the material has been source-
separated, contains no putrescible matter and is untainted by putrescible
matter. Recycling materials may otherwise be disposed of pursuant to
subsection B of section 5.32.130.
C. Application for Self-Haul Permit. Generators seeking a self-haul permit must
submit an application and provide the following documentation :
1. Invoice from Franchised Hauler or the City. A current dated invoice and/or
payment receipt from their franchised hauler or the city showing all of the following:
a. Generator’s name;
b. Address of their serviced premises;
c. Service subscription capacity and frequency;
d. No outstanding charges due to City or franchisee for collection services
previously received at the serviced address;
2. Hauling Vehicle Documentation.
a. Copy of the vehicle(s) registration showing the generator as the
registered owner or lessee of the vehicle(s) to be used for transportation;
b. Copy of the vehicle(s) insurance;
c. Evidence that the vehicle(s) meets all applicable Vehicle Code standards,
and capable of safely hauling solid waste or recyclable materials in a safe and
sanitary manner so that such matter will not spill; and
3. Other. Any additional documentation reasonably requested by the Director.
D. Permit Terms and Fees. A permit to self-haul shall be valid for one calendar year
from its issuance. All self-haul permits may be renewed annually. Applicants for a self-
haul permit must pay an annual fee in an amount established by resolution of the City
Council.
E. Permit Denial or Revocation. Generators must continue to subscribe to mandatory
collection service while applications for self-haul permits are pending. Generators must
immediately re-subscribe to mandatory collection service if the generator receives
notice of a permit revocation. The Director may deny or revoke a self-haul permit or
permit application for any of the following reasons:
1. The generator has not provided documentation required under subsection B of
this section; or
2. The generator received a permit but has not submitted quarterly disposal
receipts as required by subsection F of this section; or
3. Any other violation of this Chapter.
An applicant whose application for a self-haul permit has been denied or revoked may
appeal that decision pursuant to section 5.32.280.
F. Quarterly Disposal Receipts. Generators with self-haul permits must submit the
following documentation to the Director at least quarterly:
1. Disposal Documentation. Dated receipts, invoices, or other documentation
satisfactory to Director evidencing that the generator legally disposed of its solid
waste or source-separated recyclable materials at a facility permitted under law
and in accordance with this Chapter, at least weekly, including the following:
a. Generator’s name and address;
b. Dates of disposal;
c. Name of disposal facility or facilities; and
d. Tonnage of disposed solid waste and/or recyclable materials by facility.
2. Other. Any other additional or different documentation requested by the
Director.
Article IV. Recycling
5.32.160 Source separation.
Waste generators may source-separate materials for recycling from solid waste for
conveyance to duly permitted recycling facilities. Materials source-separated for
recycling must be stored in receptacles or another manner sufficient to prevent access
by rodents, insects and animals, and must be collected by licensed recycling
transporters or transported by the waste generator with sufficient frequency so as not to
create a health hazard, public nuisance or fire hazard. Putrescible solid waste and
nonputrescible solid waste tainted by putrescible solid waste shall be presumed to be
inappropriate for recycling, except where intended for use and source-separated for use
as tallow. Nothing in this section is intended to modify, restrict or eliminate any other
obligations, restrictions, limitations or conditions imposed upon or applicable to any
waste generator, other person, use, or location. (Ord. 2 -86 § 2 (5-400))
5.32.220 Recycling transporter—Permit—Expiration.
Each recycling transporter permit issued under this chapter shall expire on the
December 31st of the year in which issued. (Ord. 2-86 § 2 (5-406))
5.32.240 Recycling facility—Permit required—Application.
No person shall operate a recycling facility unless a recycling facility permit in writing
has been issued for such facility by the Director. The application for a recycling facility
permit must be made under oath and in writing, signed by the applicant and show the
following:
A. The name, address and telephone number of the applicant and the facility, if
different;
B. The type or types of material to be recycled;
C. The source or sources from which such material is to be obtained;
D. The manner of transportation of such material from the waste generator to the
recycling facility;
E. A statement that the applicant will not attempt to assign such permit, and that the
applicant agrees to comply with all requirements of this chapter, now in force or as
hereafter amended;
F. A statement that no putrescible solid waste will be accepted or received by the
recycling facility, provided that tallow users need not comply with this subsection; and
G. A statement that, if any of the information in the application changes in any
material respect, the applicant will notify the Director in writing of the change or changes
and will file a new application if required by the Director. (Ord. 2 -86 § 2 (5-408))
5.32.250 Recycling facility—Permit application—Filing.
The application for a recycling facility permit shall be filed with the Director and shall be
accompanied by a nonrefundable application fee to be established by resolution of the
City Council. The Director shall make an inspection of the recycling facility described in
the application. If the Director finds that the application is consistent with the intent and
purposes of this chapter, the Director shall issue a permit to such applicant for the
recycling facility. If the application is denied, the Director shall inform the applicant in a
dated writing which shall be mailed to the applicant’s address shown on the application.
(Ord. 2-86 § 2 (5-409))
5.32.260 Recycling facility—Permit—Display—Expiration.
The Director shall issue one recycling facility permit for each application granted
showing the number of the permit, the year in which it was issued, and the address of
the facility. At the discretion of the Director, the permit shall be displayed in a
conspicuous place, designated by the Director, in the facility. However, if it is not
displayed, a responsible representative of the operator must have possession of the
permit and be capable of presenting it within a reasonable period of time. The recycling
facility permit shall expire on the December 31st following the date it was issued. (Ord.
2-86 § 2 (5-410))
5.32.270 Recycling facility—Permit—Revocation.
Each recycling facility permit shall be subject to revocation after notice and hearing,
pursuant to Article VI of this chapter, for failure to comply with the requirements of this
chapter or with the conditions of such permit. (Ord. 2-86 § 2 (5-411))
5.32.280 Appeals procedure.
Any applicant for a permit under this article and any person who is aggrieved by the
Director’s action on the application may have the action reviewed by the City Council,
pursuant to Section 3.16.100. (Ord. 2-86 § 2 (5-412))
5.32.282 Recycling facility and recycling transporter—Reporting required.
The Director may require the regular submittal of operational data throughout the term
of the permit as defined in Section 5.32.220 or 5.32.260 for purposes of compliance with
Public Resources Code Section 40000 et seq. or other applicable state laws. Submittal
of the information may be required on a quarterly basis. Failure to submit the
information may be cause for revocation pursuant to Section 5.32.270. (Ord. 4-90 § 3:
Ord. 2-86 (part))
5.32.284 Inclusion of identification on receptacle.
Source-separated materials shall be stored in a receptacle approved by the Director.
The receptacle shall include some form of identification as to the ownership or other
identifying mark of the recycling transporter. (Ord. 4-90 § 4: Ord. 2-86 (part))
5.32.286 Ownership of source-separated materials.
All source-separated materials shall become the property of the recycling transporter
who has provided the receptacle, upon deposit in the receptacle. It shall be unlawful for
any person other than the owner of the receptacle to remove source-separated
materials from an approved receptacle, when placed for collection, without the express
permission of the receptacle owner. (Ord. 4-90 § 5: Ord. 2-86 (part))
Article V. Enforcement
5.32.290 Necessity.
The enforcement of this chapter is essential to the public health, safety and well -being.
The importance of the policies which the chapter seeks to effectuate makes necessary
a range of flexible enforcement mechanisms. The remedies provided in this article shall
be available without prior recourse, if applicable, to the permit revocation procedures
provided in Article VI. Each of the remedies provided in this article shall be available in
accordance with the terms of its respective section without regard for the availability,
potential availability, or use of another remedy or of permit revocation. The Director and
the Alameda County Health Officer may utilize other remedies not set forth in this
article. (Ord. 2-86 § 2 (5-500))
5.32.300 Administrative officer designated.
The Director or the Alameda County Health Officer shall enforce and administer all
provisions of this chapter falling under their respective jurisdictions, and for such
purpose each shall have the powers of peace officer. (Ord. 2-86 § 2 (5-501))
5.32.310 Authority to implement civil remedies.
The Director or the Alameda County Health Officer is authorized to seek civil injunctive
relief in any court of competent jurisdiction against any violation or threatened violation
of this chapter. (Ord. 2-86 § 2 (5-502))
5.32.320 Loss of revenue—Civil remedies.
To the extent that any violation of this chapter has resulted in any loss of revenues to
the solid waste management system, the city may sue in any court of competent
jurisdiction to recover said revenues. “Loss of revenues” means and includes the loss of
the contribution of revenues to the regulated rate structure of the franchised solid waste
collector. (Ord. 2-86 § 2 (5-503))
5.32.330 Inspections.
The Director is authorized to make such inspections and to take such actions as may be
required to enforce the provisions of this chapter. Specifically, the collector, as well as
any recycling transporter or the operator of any solid waste disposal facility or recycling
facility must, upon demand by the Director, permit such inspection of records,
operations, facilities or other matters as may be necessary to ensure compliance with
this chapter. (Ord. 2-86 § 2 (5-504))
5.32.340 Right of entry.
A. Whenever necessary to make an inspection to enforce any of the provisions of this
chapter, or whenever the Director has reasonable cause to believe that there exists in
any building or upon any premises any condition which constitutes a violation of the
provisions of this chapter, the Director may enter such building or premises at all
reasonable times to inspect the same or perform any duty imposed upon the Director by
this chapter; provided, that (i) if such building or premises be occupied, he shall first
present proper credentials and demand entry; and (ii) if such building or premises be
unoccupied, he shall first make a reasonable effort to locate the owner or other persons
having charge or control of the building or premises and demand entry. If such entry is
denied, or if the owner or individual in charge of the premises cannot be located, the
Director shall have recourse to every remedy provided by law to secure entry, including
but not limited to the provisions of Code of Civil Procedure Section 1822.50 et seq.
B. No owner or occupant or any other person having charge, care or control of any
building or premises shall fail or refuse, after proper demand made as herein provided,
promptly to permit entry therein by the Director for the purpose of inspection and
examination pursuant to this chapter. (Ord. 9-91 § 3; Ord. 2-86 § 2 (5-505))
5.32.350 Nuisance—Civil remedies.
The violation of any of the provisions of this chapter shall also be deemed a nuisance,
and a civil action may be brought to abate, enjoin or otherwise compel the cessation of
such nuisance. (Ord. 2-86 § 2 (5-506))
5.32.360 Violation—Penalty
Any person who shall violate any of the provisions of Section 5.32.050,
Sections 5.32.130 and 5.32.150, Section 5.32.160 or 5.32.240 shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed
one thousand dollars ($1,000) for each violation, or by imprisonment in the County Jail
for not more than six (6) months, or both. Any person who shall violate any of the
provisions of Sections 5.32.060, 5.32.070, 5.32.080 or 5.32.286 shall be guilty of an
infraction and upon conviction thereof shall be punished as provided in Government
Code Section 36900. The Director and/or Alameda County Health Officer are
designated as the enforcement authority for the enforcement of those provisions which
are designated as infractions. (Ord. 4-90 § 6)
5.32.365 Unauthorized containers.
A. No Unauthorized Containers. Except as expressly authorized by this chapter, no
person other than a franchisee may place a container within the city for collection of
solid waste, recyclable, or compostable materials.
B. Notice—Violation. The city shall notify, in writing, any person who violates this
section that the prompt and permanent removal of the container from the premises is
required. Notice should be delivered by prominently posting on the container. The notice
shall state the time within which the container must be removed, which time shall be not
less than twenty-four (24) hours and not more than seventy-two (72) hours after posting
of the notice. If the container is identified with the name and telephone number of the
solid waste or recycling enterprise, the city shall also attempt to contact the enterprise
by phone. Failure to notify the owner telephonically shall not invalidate the posted
notice. Once the city posts a written notice of violation on the unauthorized container,
the customer using the unauthorized container shall immediately cease placing solid
waste or recyclable materials in it.
C. Remedies. The city may impound or cause to be impounded any such container if
it is not permanently removed from the premises within the time set forth in the notice.
A person who violates this section is liable to the city for all fines and charges levied in
connection with the collection, transportation, storage and handling of the container by
the city. The container’s owner or his or her representative shall retrieve the container
immediately after all applicable fines and charges have been paid. The City Manager, or
his or her designee, has the authority to impound unauthorized containers and to collect
the fines and charges levied by the city. If the unauthorized container is not retrieved by
the hauler within fourteen (14) days of being impounded, it shall become the property of
the city.
D. Enforcement. Violation of this section shall constitute an infraction punishable by a
fine not to exceed one hundred dollars ($100) for the first violation, a fine not to exceed
two hundred dollars ($200) for the second violation within one (1) year, and a fine not to
exceed five hundred dollars ($500) for each additional violation within one (1) year.
There shall be a separate infraction for each day on which a violation occurs. The city
shall recover costs and attorney’s fees incurred in connection with enforcement of this
chapter. (Ord. 17-14 § 3)
Article VI. Procedures for Revocation of Permits
5.32.370 Failure to furnish requested information.
The Director may at any time require any person to whom a permit has been granted
under this chapter to furnish the Director with the plans and a report of operations
conducted by such permittee. If the holder of such permit willfully fails and refuses to
furnish such plans and report of operations to the Director within a reasonable time after
such demand, the Director may request the City Council to hold a public hearing to
determine whether such permit shall be revoked. (Ord. 2-86 § 2 (5-600))
5.32.380 Failure to comply.
The Director may at any time request the City Council to revoke a permit issued
pursuant to the provisions of this chapter for the failure of the holder thereof to comply
with requirements of this chapter or with the conditions of such permit. The request shall
contain a written statement which shall set forth in concise language the acts or
omissions with which the holder is charged, specifying the specific sections of this
chapter or the specific conditions of the permit which the holder thereof is alleged to
have violated. (Ord. 2-86 § 2 (5-601))
5.32.390 Hearing—Notice required.
Within thirty (30) days after the receipt of the request from the Director, the City Council
shall hold such hearing and shall give notice of the date, time and place of such hearing
to the holder of the permit, to the Director, and to such other persons as the City Council
deems should be notified, not later than ten (10) days before the date of the public
hearing. Such notice shall include the written statement of the Director prepared
pursuant to Section 5.32.380. (Ord. 2-86 § 2 (5-602))
5.32.400 Notice of hearing—Service.
The notice required under Section 5.32.390 shall be served personally, or by first class
mail, postage prepaid, addressed to the holder of the permit at the address shown on
the application, and shall be deemed given when so deposited in the mail or served
personally. (Ord. 2-86 § 2 (5-603))
5.32.410 Action by City Council.
Failure of the holder of the permit to appear at the hearing, after having been notified,
may be deemed an admission of the act or omission charged in the notice, and in the
event of such failure to appear, the City Council may revoke the permit without further
evidence than that which served as the basis for the notice. After the hearing is
concluded, the Council shall, within twenty-one (21) days, render its decision revoking
such permit or dismissing the charges, with a brief statement of its reasons therefor.
(Ord. 2-86 § 2 (5-604))
Section 2: California Environmental Quality Act. This Ordinance is exempt from the
California Environmental Quality Act (CEQA) per CEQA Guidelines section 15061(b)(3)
since it has no potential for resulting in significant physical change in the environment,
either directly or ultimately.
Section 3: Severability. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional,
or inapplicable to any person or circumstances, such illegality, invalidity,
unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their
applicability to other persons or circumstances.
Section 4: Effective Date. This Ordinance shall take effect and be enforced thirty (30)
days following its adoption.
Section 5: Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 17th day of December, 2019, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
_________________________
City Clerk
3365125.2