§ 8.28.030. Collection of recyclable materials.

A.

Residential Recyclable Materials. It is unlawful for any person other than the RR collector or those persons employed by the RR collector to collect or transport any recyclable materials from SFD or MFD premises within the City except:

1.

Recyclable materials that are removed from any SFD or MFD premises and transported to a transfer station, recycling center, or material recovery facility by the occupant;

2.

Recyclable materials that are collected and transported by City crews to a transfer facility, a material recovery facility, or such other appropriate processing facility;

3.

Recyclable materials that are source separated at any premises by the generator and donated or sold. Recyclable materials are considered "donated or sold" so long as the person collecting the recyclable materials does not receive a net payment from the generator (including but not limited to any payment for consulting and/or management fees related to the collection of any waste and/or recyclable materials);

4.

Beverage containers, other than those set out for collection by the RR collector, that are delivered for recyclable materials under the California Beverage Container Recyclable Materials Litter Reduction Act, Section 14500, et seq. (as it may be amended from time to time);

5.

Recyclable materials that are removed from a premises in a fixed body vehicle by a property management, maintenance or cleanup service company as an incidental part of the total on-property cleanup or maintenance service offered by the company rather than as a hauling service;

6.

Recyclable materials that are removed from a premises by the MM&O collector as part of the provision of MM&O collection services under the terms of the MM&O contract.

7.

Recyclable materials that are removed from a premises by a company through the performance of a service that the collector has elected not to provide;

8.

Recyclable materials removed from a premises for no more than a nominal charge by a retailer as an incidental part of a sale of merchandise; and

9.

Recyclable materials removed from a premises for no more than a nominal charge by a reuse facility or reuse business.

B.

Commercial Recyclable Materials. It is unlawful for any person or entity other than the following to collect or haul any recyclable material from commercial premises within the City: (a) a commercial recycler or those persons employed by a commercial recycler, or (b) the MM&O and RR collectors or those persons employed by the MM&O or RR collectors while collecting and transporting commercial recyclable materials for which they have the exclusive rights to collect and transport under the MM&O and RR contracts, respectively.

C.

Commercial Recycler Permits. All commercial recyclers collecting and transporting commercial recyclable materials within the City, other than the MM&O and RR collectors or those persons employed by the MM&O or RR collectors while collecting and transporting commercial recyclable materials for which they have the exclusive rights to collect and transport under the MM&O and RR contracts respectively, must hold a commercial recycling permit. A person desiring to obtain a commercial recycling permit shall apply to the Director. The Director shall grant the permit if he or she finds that the applicant has satisfied the applicable requirements specified in the regulations adopted by the City Council governing commercial recyclers and paid the applicable permit fee. The Director may revoke a commercial recycling permit if he or she finds, after providing the permit holder notice and opportunity to be heard, that the permittee has failed to meet the requirements of the permit or has violated any provision of this Chapter. Commercial recyclers shall be required to maintain records, in a prescribed format and schedule, documenting that all recyclable materials that they collect and transport, less allowable residual, is recycled. Such records shall be maintained in an auditable form for at least three years, and the City shall have the right promptly to examine said records upon written request. Notwithstanding anything to the contrary in this subsection, a commercial recycling permit shall not be required until such time as the City Council has adopted regulations governing commercial recyclers.

D.

Limits on Residual Content. Recyclable materials collected by commercial recyclers shall be recycled at a recycling facility, that holds all applicable permits, and may contain no more than ten percent by weight of residual per load. Any load of recyclable materials that contains more than the aforementioned residual, shall be disposed of in accordance with all applicable laws and regulations. Disputes over whether material should be classified as recyclable materials or mixed materials will be resolved by the Director. The Director's decision may be appealed to the City Administrator in writing, explaining the basis of the appeal, within ten days of such decision and the payment of a $500.00 appeal fee. The burden of proof shall be on the person challenging the Director's decision. The City Administrator or his or her designed hearing officer shall hear said dispute and render a written decision, which shall be final.

(Ord. No. 13314, § 1, 6-22-2015)