Ordinance No. 1067e
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ORDINANCE NO. 1067
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING CHAPTERS 12 AND 13 AND APPENDIX
V OF THE CODE OF THE CITY OF VERNON, CALIFORNIA,
1959, ADDING ARTICLES II TO VII TO CHAPTER 12
PERTAINING TO WASTE MANAGEMENT AND RECYCLING,
AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH
WHEREAS, pursuant to Section 40000 et sea. of the Public
Resources Code of the State of California (the California
Integrated Waste Management Act), the City of Vernon by Resolution
No. 6033 on January 7, 1992, adopted a Source Reduction and
Recycling Element; and
WHEREAS, Public Resources Code Section 40001 "declares
that the responsibility for solid waste management is a shared
responsibility between state and local governments", Section 40002
requires local agencies "to make adequate provision for solid
waste handling", and Section 40051 requires local agencies (a) to
promote in order of priority (1) source reduction, (2) recycling,
and (3) environmentally safe transformation and land disposal at
the discretion of the City and (b) to maximize the use of all such
feasible methods; and
WHEREAS, The City's provisions pertaining to Waste
Management and Recycling are contained in various chapters and
appendices of the Code of the City of Vernon, and many of such
provisions need to be updated and clarified as follows:
Chapter 12. Garbage, Rubbish, and Weeds.
Chapter 13. Article V. Collecting and Loading Recyclable
Materials.
Appendix V. Rules and Regulations of Health Department.
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1 Article 1. Regulations Pertaining to the
2 Operation of a Rubbish Disposal
3 Business in the City of Vernon.
4 Article 2. Regulations Pertaining to the
5 Operation of Rendering Plants and
6 Offal Vehicles in the City of Vernon.
7 Article 3. Regulations Pertaining to the
8 Operation of Cesspool and Sump Pumping
9 Vehicles in the City of Vernon.
10 and
11 WHEREAS, it will improve the administration of the Code
12 to consolidate all such provisions in Chapter 12 of the Code of
13 the City of Vernon which will be titled, "Waste Management and
14 Recycling," and to update and clarify such provisions by
15 amendment; and
16 WHEREAS, the provisions in Article II, "Weed and Rubbish
17 Abatement" of Chapter 12 of the Vernon City Code are enforced by
18 the Fire Department and by the adoption of Ordinance No. 1038 such
19 provisions have been added to Chapter 7, Fire Regulations,_ of the
20 Code of the City of Vernon; and
21 WHEREAS, Public Resources Code Section 41821 requires the
22 City of Vernon to submit a report each year summarizing any
23 progress in achieving diversion of waste for recycling and
24 "information on changes in waste generated or disposed of due to
25 increases or decreases in population, economics, and other
26 [specified] factors;" and
27 WHEREAS, the City of Vernon does not provide waste
28 handling services and cannot submit such report without accurate
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1 data gathered from the private waste disposal businesses which
2 operate in the City; and
3 WHEREAS, more than fifty such waste disposal businesses
4 collect waste in the City of Vernon and attempts to obtain such
5 information on a voluntary basis have proven only partially
6 successful; and
7 WHEREAS, it will improve the implementation of source
8 reduction and recycling if such waste disposal businesses are
9 required to submit data with regard to waste generation, disposal,
10 and diversion in order to provide accurate reports to the
11 California Integrated Waste Management Board and in order to
12 assist in reduction and diversion of waste; and
13 WHEREAS, it will benefit the public health, safety, and
14 welfare, and will promote source reduction and recycling to adopt
15 this ordinance.
16 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
17 SECTION 1: The City Council of the City of Vernon hereby
18 finds and determines that the recitals contained hereinabove are
19 true and correct.
20 SECTION 2 The City Council of the City of Vernon hereby
21 amends Chapter 12 of the Code of the City of Vernon as follows;
22 A. Chapter 12, "Garbage, Rubbish, and Weeds," is hereby
23 retitled, "Waste Management and Recycling."
24 B. Existing Section 12.1, "Definitions," of Article I,
25 "In General," of said Chapter 12 is amended to read as set forth
26 in Exhibit "A", which is attached hereto and made a part hereof by
27 reference.
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C. New Section 12.2, "Public Nuisance," is added to said
Article I, "In General," of Chapter 12 as set forth in Exhibit
"A".
D. Sections 12.3 and 12.4 are reserved for future use.
E. The following new articles are added to said
Chapter 12.
Article II. Solid Waste Handling.
Article III. Solid Waste Collection.
Article IV. Rendering Plants.
Article V. Liquid Waste Pumping Vehicles.
Article VI. Non -Exclusive Franchise System.
Article VII. Waste and Recyclable Reporting
Requirements.
Article VIII. Collecting and Loading Recyclable
Materials.
F. Existing Section 12.2, "Garbage and rubbish
containers," shall become Sections 12.5 and 12.6 of said Article
II, "Solid Waste Handling," of Chapter 12, and the provisions
thereof are amended as set forth in Exhibit "A".
G. Existing Section 12.3, "Unlawful disposition of
garbage and rubbish," shall become Section 12.8 of said Article
II, "Solid Waste Handling," of Chapter 12 and is amended to read
as set forth in Exhibit "A".
H. Section 12.9 is reserved for future use.
I. Existing Section 12.4, "Frequency of Collection,"
shall become Section 12.10 of said Article III, "Solid Waste
Collection," of Chapter 12.
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SECTION 3: The City Council of the City of Vernon hereby
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amends Article
1, "Regulations Pertaining to Operation of a
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Rubbish Disposal Business in the City of Vernon" of Appendix V of
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the Code of the City of Vernon as follows:
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A.
Section 1, "Definitions" of Article 1 of Appendix V
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is deleted.
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B.
Section 2, "Private rubbish disposal vehicles," of
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Article 1 of
Appendix V is codified as Section 12.11 of said
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Article III,
"Solid Waste Collection" of Chapter 12, and is
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amended to read as set forth in Exhibit "A".
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C.
Section 3, "Garbage collection and transportation."
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of Article 1
of Appendix V is deleted.
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D.
Section 4, "Rubbish collection and transportation,"
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of Article 1
of Appendix V is deleted.
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E.
Section 5, "Solid Waste containers." of Article 1 of
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Appendix V,
is codified as Section 12.12 of said Article III,
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"Solid Waste
Collection," of Chapter 12 and is amended to read as
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set forth in
Exhibit "A".
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F.
Section 6, "Container Lids," of Article 1 of Appendix
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V, is codified as Section 12.13 of said Article III, "Solid Waste
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Collection,"
of Chapter 12 and is amended to read as set forth in
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Exhibit "A".
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G.
Section 7, "Number of Containers Required," of
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Article 1 of
Appendix V, is codified as Section 12.7 of Article
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II, "Solid Waste Handling," of Chapter 12 and is amended to read
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as set forth
in Exhibit "A".
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H.
Section 8, "Container maintenance and sanitation," of
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Article 1 of
Appendix V is codified as Section 12.14 of Article
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1 III, "Solid Waste Collection" of Chapter 12 and is amended to read
2 as set forth in Exhibit "A".
3 I. Sections 12.16 through Section 12.19 are reserved for
4 future use.
5 SECTION 4: The City Council of the City of Vernon hereby
6 amends Article 2, "Regulations Pertaining to Operation of
7 Rendering Plants and Offal Vehicles in the City of Vernon," of
8 Appendix V of the Code of the City of Vernon as follows:
9 A. Section 1, "Definitions," of Article 2 of Appendix V
10 is deleted.
11 B. Section 2, "Sanitation of rendering plant equipment,"
12 of Article 2 of Appendix V is codified as Section 12.21 of Article
13 IV, "Rendering Plants," of Chapter 12 and is amended to read as
14 set forth in Exhibit "A".
15 C. Section 3, "Floors, paved areas and drains of
16 rendering plants," is codified as Section 12.22 of Article IV,
17 "Rendering Plants," of Chapter 12 and is amended to read as set
18 forth in Exhibit "A".
19 D. Section 4, "Raw material storage area," of Article 2
20 of Appendix V is codified as Section 12.23 of Article IV,
21 "Rendering Plants," of Chapter 12 and is amended to read as set
22 forth in Exhibit "A".
23 E. Section 5, "Raw material storage time limitation," of
24 Article 2 of Appendix V is codified as Section 12.24 of Article
25 IV, "Rendering Plants," of Chapter 12 and is amended to read as
26 set forth in Exhibit "A".
27 F. Section 6, "Rendering plant equipment breakdown," of
28 Article 2 of Appendix V is codified as Section 12.25 of Article
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1 IV, "Rendering Plants," of Chapter 12 and is amended to read as
2 set forth in Exhibit "A".
3 G. Section 7, "Rodent and insect control," of Article 2
4 of Appendix V is codified as Section 12.26 of Article IV,
5 "Rendering Plants," of Chapter 12 and is amended to read as set
6 forth in Exhibit "A".
7 H. Section 8, "Sanitation of premises," of Article 2 of
8 Appendix V is codified as Section 12.20 of Article IV, "Rendering
9 Plants" of Chapter 12 and is amended to read as set forth in
10 Exhibit "A".
11 I. Section 9, "Offal Vehicles," of Article 2 of Appendix
12 V is codified as Section 12.15 of Article III, "Solid Waste
13 Disposal," of Chapter 12 and is amended to read as set forth in
14 Exhibit "A".
15 J. Section 12.27, "Bird Control," is added to Article
16 III, "Solid Waste Disposal," of Chapter. 12 to read as set forth in
17 Exhibit "A".
18 K. Sections 12.28 and 12.29 of Chapter 12 are reserved
19 for future use.
20 SECTION 5: The City Council of the City of Vernon hereby,
21 amends Article 3, "Regulations Pertaining to the Operation of
22 Cesspool and Sump Pumping Vehicles in the City of Vernon" of
23 Appendix V of the Code of the City of Vernon as follows:
24 A. Section 1, "Definitions," of Article 3 of Appendix V
25 is deleted.
26 B. Section 2, "Vehicle construction and maintenance," of
27 Article 3 of Appendix V is codified as Section 12.30 of Article V,
28 "Liquid Waste Pumping Vehicles," of Chapter 12 and is amended to
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read as set forth in Exhibit "A".
C. Section 3, "Dumping prohibited," of Article 3 of
Appendix V is codified as Section 12.31 of Article V, "Liquid
Waste`Pumping Vehicles," of Chapter 12 and is amended to read as
set forth in Exhibit "A".
D. Section 4, "Registration required," of Article 3 of
Appendix V is codified as Section 12.32 of Article V, "Liquid
Waste Pumping Vehicles," of Chapter 12 and is amended to read as
set forth in Exhibit "A".
E. Section 5, "Records required," of Article 3 of
Appendix V is codified as Section 12.33 of Article V, "Liquid
Waste Pumping Vehicles," of Chapter 12 and is amended to read as
set forth in Exhibit "A".
F. Section 12.34 of Chapter 12 is reserved for future
use.
SECTION 6: The City Council of the City of Vernon hereby
amends Chapter 12, "Waste Management," of the Code of the City of
Vernon, California, 1959, by adding Sections 12.35 through 12.52
to Article VI, "Non-exclusive Franchise System," of Chapter 12 as
set forth in Exhibit "A".
SECTION 7: The City Council of the City of Vernon hereby
amends Chapter 12, "Waste Management, of the Code of the City of
Vernon, California, 1959, by adding Sections 12.53 through 12.56
to Article VII, "Waste and Recyclable Materials Reporting
Requirements," of Chapter 12 as set forth in Exhibit "A". Section
12.57 of Chapter 12 is reserved for future use.
SECTION 8: The City Council of the City of Vernon hereby
amends Chapter 13 and Section 13.74 through 13.77 of the Code of
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1 the City of Vernon as follows:
2 A. Existing Article V, "Collecting and Loading
3 Recyclable Materials," of Chapter 13 is reconstituted as Article
4 VIII,'"Collecting and Loading Recyclable Materials," of Chapter
5 12, "Waste Management and Recycling."
6 B. Sections 13.74 through 13.77 of said Article V of
7 Chapter 13 shall become Sections 12.58 through 12.61,
8 respectively, of said Article VIII of Chapter 12.
9 SECTION 9: The renumbering of any article or section of
10 the Code of the City of Vernon shall not constitute a change in
11 its intent or purpose, and it shall have the same effect and
12 enforceability as if it had never been renumbered. Any code
13 section numbers not used shall be reserved for future use.
14 SECTION 10: Any ordinance, part of an ordinance, or code
15 section in conflict with this ordinance is hereby repealed.
16 SECTION 11: If any section, subsection, sentence,
17 clause, or phrase or word of this ordinance is for any reason held
18 to be void or unconstitutional, such decision shall not affect the
19 validity of the remaining portions of this ordinance; it being the
20 intention of the City Council of the City of Vernon to adopt and
21 pass this ordinance and each section, subsection, sentence, clause
22 or phrase thereof irrespective of the fact that one or more of the
23 sections, subsections, clauses, sentences or phrases thereof may
24 be declared void or unconstitutional.
25 SECTION 12: There being no newspaper printed, published
26 or circulated in the City of Vernon, the City Clerk is hereby
27 directed to certify to the passage of this ordinance and shall
28 post the same, or cause the same to be posted, within fifteen (15)
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days after its passage in accordance with Section 36933 of the
Government Code, in three (3) of the most public places in the
City of Vernon, to wit: the northwest corner of 38th Street and
Santa Fe Avenue, the northeast corner of Leonis Boulevard and
Pacific Boulevard, and on the bulletin board in the lobby of the
City Hall of said City, located at 4305 Santa Fe Avenue, all in
the City of Vernon, County of Los Angeles, State of California.
SECTION 13: This ordinance shall be in full force and
effect thirty (30) days from and after its passage of the same.
APPROVED AND ADOPTED this 8th day of December , 1998.
w -
EONIS C. MA URG, Ma0yor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Ordinance, being
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Ordinance No. 1067, was duly and regularly introduced at a regular
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meeting of the City Council of the City of Vernon, held on
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Tuesday, November 17, 1998, and thereafter finally adopted at a
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regular meeting of said City Council held on Tuesday,
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Dec. 8th , 1998, and thereafter was duly signed by the Mayor of
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the City of Vernon, by the following vote:
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12 AYES: Councilmen: Malburg, Ybarra, Davis
Gonzales, McCormick
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14 NOES: Councilmen: None
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16 ABSENT: Councilmen: None
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18 BRUCE V. MALKENHORST, City Clerk
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( SEAL)
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EXHIBIT A
Chapter 12. Waste Management and Recycling
Article I. In General
Sec.12.1. Definitions.
For purposes of this chapter, the following definitions shall apply:
Agreement means the non-exclusive franchise agreement between city and
franchisee for collection, transfer, transportation, recycling, processing and disposal of
commercial and industrial and/or solid waste, including all exhibits and attachments, and
any amendments thereto.
Building, unless it is apparent from the context that another meaning is intended,
means a "structure," and the words "building" and "structure" shall mean any construction,
the arrangement of which may affect the health, safety, or general welfare of man.
City means City of Vernon, a municipal corporation, and all the territory lying
within the municipal boundaries of the city as presently existing or as such boundaries
may be modified in the future.
City administrator shall mean the city administrator of the City of Vernon, or a
duly authorized representative, who may also be the director except in the case of an
appeal of the director's decision.
City council means the city council of the City of Vernon.
i Code means the Code of the City of Vernon.
Collect or Collection means to take physical possession and transport, solid waste
within the city.
1 of 36 EXHIBIT A
Combustible rubbish means paper, rags, packing materials, cartons, boxes, sawdust,
wood shavings, scrap lumber, scrap trimmings, and other waste materials of combustible
nature.
Dirt means any artificial accumulation of earth of a size, shape, or composition to
constitute a harborage or a hazard to public's health or safety.
Director shall mean director of environmental health of the City of Vernon, or a
duly authorized representative.
Disposal means the management of solid waste through landfill disposal or
transformation at a permitted disposal facility.
occurs.
Disposal facility means any facility or location where the disposal of solid waste
Environmental laws means all federal and state statutes, county, local and city
ordinances concerning public health, safety and the environment including, by way of
example and not limitation, the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, 42 U.S.C. Section 9601 et seq.;-the Resource Conservation and
Recovery Act, 42 U.S.C. Section 6902 et seq.; the Federal Clean Water Act, 33 U.S.C.
Section 1251 et seq.; the Toxic Substances Control Act, 15 U.S.C. Section 1601 et seq.;
the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the California
Hazardous Waste Control Act, California Health and Safety Code Section 25100 et seq.;
the California Toxic Substances Account Act, California Health and Safety Code Section
25300 et seq.; the Porter -Cologne Water Quality Control Act, California Water Code
Section 13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California
Health and Safety Code Section 25249.5 et seq.; as currently in force or as hereafter
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amended, and all rules and regulations promulgated thereunder.
Franchise means the special right granted by city under this chapter to operate as
a non-exclusive enterprise for solid waste collection services within the city.
Franchisee shall mean any person to whom the city has granted a non-exclusive
right to provide solid waste services within the city as described in this chapter.
Garbage means all animal and vegetable waste matter resulting from the
preparation, consumption, storing, processing, manufacturing or distribution of food,
animal feed, or other animal or vegetable matter.
Harborage means any condition which provides shelter, protection, or a breeding
place for vectors, thus favoring their multiplication and continued existence.
Hazardous substance shall mean any of the following: (a) any substances defined,
regulated or listed (directly or by reference) as "hazardous substances", "hazardous --
materials", "hazardous wastes", "toxic waste", "pollutant" or "toxic substances" or similarly
identified as hazardous to human health or the environment, in or pursuant to (i) the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42
U.S.C. Section 9601 et seq.(CERCLA); (ii) the Hazardous Materials Transportation Act,
49 U.S.C. Section 1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42
U.S.C. Section 6901 et seq.; (iv) the Clean Water Act, 33 U.S.C. Section 1251 et seq.; (v)
California Health and Safety Code Sections 25115-25117, 25249.8, 25281, and 25316; (vi)
the Clean Air Act, 42 U.S.C. Section 7901 et seq.; and (vii) California Water Code
Section 13050; (b) any amendments, rules or regulations promulgated thereunder to such
enumerated statutes or acts currently existing or hereafter enacted; and (c) any other
hazardous or toxic substance, material, chemical, waste or pollutant identified as
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hazardous or toxic or regulated under any other applicable federal, state or local
environmental laws currently existing or hereinafter enacted, including, without limitation,
friable asbestos, polychlorinated biphenyls ("PCBs"), petroleum, natural gas and synthetic
fuel products, and by-products.
Hazardous waste means all substances defined as hazardous waste, acutely
hazardous waste, or extremely hazardous waste by the State of California in Health and
Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or
recodification of such statutes or identified and listed as hazardous waste by the US
Environmental Protection Agency (EPA), pursuant to the Federal Resource
Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), all future amendments
thereto, and all rules and regulations promulgated thereunder.
Health department or department means the city department of environmental
health.
Health officer means the health officer, or his duly authorized representative. The
duties of the health officer are those set forth in the Health and Safety Code of the
State. Whenever a power is granted to or a duty imposed upon the health officer in this
article, the power may be exercised or the duty performed by a duly authorized
representative of the health officer, unless this article expressly provides otherwise.
Highway shall mean any public street, road, alley, sidewalk, highway, or
thoroughfare, and all areas within the right of way of boundaries thereof.
Liquid waste means all those materials which are liquid or mostly liquid and which
the generator no longer considers of sufficient value to retain, including but not limited
to, sewage, industrial by-products, waste water, and the cleanings from septic tanks,
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cesspools, chemical toilets, sewage seepage pits, sewage clarifiers, sumps and from similar
sewage interceptors.
Liquid waste pumping vehicle means any vehicle used in whole or in part for the
transportation of liquid waste.
Medical waste means medical waste as defined in the Medical Waste Management
Act, California Health and Safety Code Section 117600, et seq., as now codified or as the
same may later be amended or recodified.
Noncombustible rubbish means broken crockery, glass, ashes, cinders, bottles, cans,
wire and other discarded objects of metal and glass, and other waste materials of a
noncombustible and nonputrescible nature.
Offal vehicle means any vehicle used in whole or in part for the transportation of
offal, tankage, blood, feathers, bones, hides, pelts and similar animal, fish or fowl by-
products.
Person means any individual or his heirs, agents or assigns; any company, firm,
corporation, association, business, trust, joint venture or group or combination and acting
as a unity; or, any employee, officer or any other kind of representative of any thereof
acting either under personal appointment or pursuant to law.
Possess means control, own, lease, occupy, possess or have charge over.
Premises means any land, place, building, site, facility, or location.
Public street means any public street, way, place, alley, sidewalk, park, square,
plaza or any other similar public property owned or controlled by the city or dedicated to
the public for street or public purposes.
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Putrescible waste means waste capable of rapid decomposition so as to cause
nuisances such as odors, gases, or other offensive conditions.
Recyclable materials means materials, including commingled recyclables, that have
been separated form the solid waste stream for the purpose of recycling or reuse.
Recycling means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise become solid waste, and returning them to
the economic mainstream in the form of raw, reused, or reconstituted products which
meet the quality standards necessary to be used in the marketplace.
Refuse includes garbage and rubbish.
Rendering materials mean carcasses of animals or fowl, dead animals or fowl, fish,
blood, offal, bones, meat, animal or vegetable fat, feathers, food scraps or waste, and
other animal, fowl, or fish by-products.
Rendering plant means an establishment where one or more rendering materials
are cooked, melted down, extracted, clarified, or otherwise processed to produce oil,
tallow, grease, fertilizer, or animal feed. A rendering plant shall not include an
establishment exclusively producing fats, oils, lard, or similar products for human
consumption; nor any similar process in connection with, and incidental to, a
slaughterhouse, abattoir, packing plant, or similar establishment producing food for
human consumption.
Rodent means rats, mice, and other rodents which may serve as hosts of diseases
communicable to man, or which, by their filthy characteristics, are offensive to man.
Rubbish includes non-putrescible solid waste such as ashes, paper, cardboard, cans,
yard clippings, wood, glass, bedding, crockery, plastics, rubber by-products or litter.
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Solid waste means all those materials which are solid or mostly solid and which the
generator no longer considers of sufficient value to retain, such as refuse, garbage,
rubbish, trash, paper, ashes, industrial wastes, demolition and construction wastes,
abandoned vehicles and parts thereof, discarded home and industrial appliances, manure,
vegetable or animal wastes, and other discarded wastes, including solid waste as defined
in section 40191 of the California Public Resources Code.
Vector includes rodents, fleas, flies, bedbugs, cockroaches, lice, mosquitoes, ticks,
or other vermin which could transmit pathogens.
Waste means putrescible and nonputrescible waste, including solid and liquid
waste.
Waste collection business means any person who engages in the business of
operating one or more waste collection vehicles.
Waste collection vehicle means any vehicle used in whole or in part to convey solid
waste to a waste disposal facility, transfer station, or processing facility from a location or
locations in the city. Waste collection vehicle shall not include a vehicle operated by a
company in the city to convey waste from its place of business to a waste disposal facility,
transfer station, or processing facility or a vehicle used by a private individual to convey
waste from the individual's home to a waste disposal facility, transfer station, or
processing facility, or a vehicle used by a governmental agency.
Waste collection vehicle yard means the premises of a waste collection business
where waste collection vehicle(s) and/or waste container(s) are stored, serviced, and/or
maintained.
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Waste processing facility means any facility which is used or maintained for the
temporary holding of waste for reuse, recycling, reduction, separation, treatment,
recovery, or conversion. Waste processing facility shall not include a person or business
which is recycling waste material produced on the premises as a result of its own
manufacturing process, provided that such waste remains on the premises where
produced until re -used.
Waste transfer station means any facility which is used or maintained for the
receipt and temporary storage of waste until it is conveyed to a _waste processing facility
or disposal facility. Waste transfer station shall not include a person or business that
temporarily stores waste produced on the premises as a result of its own manufacturing
process, provided that such waste is stored for less than seven days.
Waste generator means any person whose act or process produces solid waste, or
whose act first causes solid waste to become subject to regulation.
Sec. 12.2. Public nuisance.
In addition to any other legal remedy, whether civil or criminal, a violation of the
provision of this chapter is a public nuisance and may be enjoined and abated as such.
Sec. 12.3. and 12.4. (Reserved)
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Sec. 12.5.
Article II. Solid Waste Handling.
Garbage container.
Every person occupying or having charge or control of any premises in the city, in
or on which any garbage or putrescible waste may or does accumulate or exist, shall
place and keep all such garbage or putrescible waste in a durable, water -tight container,
which shall have a durable, tight -fitting lid. Such lid shall be kept upon each of such
containers at all times while any garbage is therein. Such containers shall be kept in a
sanitary condition at all times.
Sec. 12.6. Rubbish containers.
All noncombustible rubbish, which may or does accumulate on any premises in the
city, shall be placed and kept in boxes, barrels, metal containers or other suitable
receptacles. All combustible rubbish shall be kept in metal containers or containers
constructed of a noncombustible material. All rubbish which contains any amount of
garbage or putrescible waste, and which may attract files, rodents, and other vermin, shall
be kept in a durable, water -tight container, which shall have a durable, tight -fitting lid.
Rubbish shall not be placed, stored, or scattered in such a manner as to cause an
unsanitary condition or create a vector harborage.
Sec. 12.7. Number of containers required.
In all instances, a sufficient number of containers shall be provided to
accommodate the volume of solid waste generated on the premises.
Sec. 12.8. Unlawful disposition of garbage and rubbish.
It shall be unlawful to throw, place, scatter, allow to accumulate or bury any
garbage, waste, combustible or noncombustible rubbish, or contaminated dirt, in, upon or
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below the surface of any premises, highway, public street, public place, or catch basin in
the city or on the premises of another.
Sec.12.9. (Reserved)
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Article III. Solid Waste Collection
Sec. 12.10. Frequency of collection.
Garbage and rubbish shall be collected as often as is necessary to prevent the
occurrence of an unsanitary condition, but at least once each calendar week.
Sec. 12.11. Waste collection vehicles.
Waste collection vehicles shall comply with the following specifications:
(a) All bodies shall be constructed of metal. All joints and seams shall
be welded, and the body shall be leakproof.
(b) The permittee's name or firm name together with his telephone
number and street address shall be printed or painted in legible letters not less than
three inches in height with a 3/8-inch stroke on both sides of the truck or conveyance.
(c) The vehicles shall be maintained at all tunes in a clean, sanitary
condition, shall be well painted, and maintained in good repair.
(d) The waste in such vehicles shall remain covered while the vehicles
are traveling between places of collection or to places of transfer or disposal.
Sec. 12.12. Waste containers.
Each dumpster, roll -off bin, or other type container which has a capacity if one(l)
cubic yard of more, and is owned and placed in the City of Vernon by a waste collection
business shall have the name and phone number of such company in legible letters not
less than three inches high with a 3/8-inch stroke on the exterior surface of the container
so as to be visible when the container is placed for use. Such waste containers shall be
constructed of heavy metal, or other suitable, durable material, and shall be watertight
and well painted. Seams in the container interior shall be ground to a finish which will
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prevent the accumulation of organic matter. Wheels, forklift slots, and other
appurtenances which were designed for the movement, loading, or unloading of the
container shall be maintained in good repair.
Sec. 12.13. Waste container lids.
All waste containers, regardless of size and purpose, shall be equipped with
durable, tight -fitting lids, except as set forth herein. The lids shall be closed at all times
except when opened for the deposit of waste materials or when the container is being
emptied. The lids, if damaged, shall be repaired or replaced. The containers must be so
placed and maintained so that the lids can be opened and closed frequently without
obstruction. The lids shall be of such size, weight, and construction as to permit easy
opening and closing by the recipient of the service. At no time shall the container be
filled beyond the designed capacity to the extent where the lid cannot be completely
closed. Commercial refuse bins used at construction sites for the disposal of construction
material only, or refuse bins used exclusively for noncombustible waste or for the
collection of paper, wood, metal, plastic, rubber, or similar material entirely free of any
organic matter, are exempt from this section provided they are located a minimum of
twenty feet from all structures and provided that the contents cannot be blown about by
the wind.
Sec. 12.14. Container maintenance and sanitation.
Containers for solid waste shall be maintained in good repair and in a sanitary
condition. Containers for putrescible waste, recyclable putrescible waste, garbage, or
rubbish mixed with garbage or putrescible waste shall be provided with a disposable
inner -liner or be cleaned periodically to prevent a nuisance caused by odors or vector
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harborage. A routine container replacement program approved by the health officer will
satisfy the requirements of this section.
Sec. 12.15. Offal vehicles.
Offal vehicles, truck beds, tanks, barrels, and other containers used for
transporting offal and other renderings intended for a rendering plant shall be (1) made
of durable materials (2) water -tight, (3) constructed so that the rendering materials
transported cannot fall, drip, seep, drain, or splash from the conveyance during
transportation, (4) covered during transport or storage of rendering materials, (5)
constructed in such a manner as to permit thorough cleaning, and (6) thoroughly cleaned.
each time following delivery a load of rendering materials to a rendering plant. Any
metal joints and seams shall be welded. Offal vehicles shall be maintained in good repair
and in a sanitary condition. All offal vehicles shall be well painted and shall have the
permittee's name or firm name, telephone number, and street address in legible letters
not less than three inches in height with a 3/8-inch stroke on both sides of the vehicle or
other conveyance so as to be visible when in use.
Sec. 12.16. to Sec. 12.19. (Reserved).
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Article IV. Rendering Plants.
Sec. 12.20. Sanitation of premises.
The premises of all rendering plants shall be cleaned at least once each day by
scraping, brushing, or washing paved areas where required, and all such areas shall be
kept free of refuse, trash, or accumulated rendering materials.
Sec. 12.21. Sanitation of rendering plant equipment.
All cooking equipment, barrels, bins, presses, conveyors, grinders, hogs, tanks, and
other equipment which is used to convey, hold, or process rendering materials -shall be
-thoroughly cleaned at least weekly. All other equipment shall be cleaned as often as
necessary to maintain it in a sanitary condition and to prevent a nuisance from odors.
Sec. 12.22. Floors, paved areas, and drains of rendering plants.
Rendering plant floors, rendering material storage areas, processed :material -
storage areas, truck washing areas, driveways, and truck parking and maneuvering areas
shall be constructed of concrete or other hard paving material impervious to water. All
such paved areas shall be sloped to drains which are connected to an approved clarifier
which, in turn, is connected to the sewer. Drains in uncovered areas and those drains
which may receive excessive runoff of flood waters during rainstorms shall be connected
to the clarifier through an approved rain -diversion valve. Liquid waste runoff from
rendering plant paved areas shall be contained on the plant premises by the use of
curbing, slopes, troughs, driveway entrance drains or other methods which will effectively
prevent such liquid waste from running onto public sidewalks, streets, or other public or
private property.
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See. 12.23. Rendering material storage area.
All rendering materials shall be delivered to and stored only in a designated
rendering material storage area. The rendering material storage area shall be paved,
curbed, and sloped or roughed to prevent liquid waste from the rendering materials
seeping or flowing to surrounding areas.
See. 12.24. Rendering material storage time limitation.
All rendering materials shall be processed within a forty-eight hour period after
arrival at the rendering plant. If, for any reason, any rendering materials cannot be
processed within the foregoing time limitation, the rendering plant operator shall notify
the Vernon health department. The health department, after investigating the reasons
for delay, may permit the rendering materials to be stored for additional time or may
v direct the rendering plant operator to dispose of all such material until such time as the
rendering plant can again properly process rendering materials within the designated
storage time period.
Until such time as the rendering plant is again placed in normal operation and the
health department has approved the resumption of rendering material deliveries, all
rendering material deliveries to the rendering plant shall be immediately discontinued
and no future rendering material deliveries shall be made.
Any rendering materials remaining on site beyond the forty-eight hour time
limitation with the approval of the health department shall be treated with a suitable
chemical which will retard decay and mask odor emanating from such material.
Sec. 12.25. Rendering plant equipment breakdown.
If a delay in the normal processing of rendering materials is due to a major
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breakdown of equipment and such delay may be in excess of seventy-two hours, all
cookers shall be immediately emptied and all existing rendering materials, both raw and
partially cooked, shall be removed from the rendering plant property and shall be
disposed of by legal means. All rendering material deliveries to the rendering plant shall
be immediately discontinued and no future rendering material deliveries shall be made
until such time as the rendering plant is again placed in normal operation and the health
department has approved the resumption of rendering material deliveries.
Sec. 12.26. Vector control.
All rendering plants shall continually maintain an effective vector control program
within the plant and on the premises. Such control program shall include (1) a thorough
inspection of the plant and premises at least once each week to detect vector activity and
(2) use of rodenticides, insecticides, and other effective means to eliminate vectors and to
prevent vector harborage.
Sec. 12.27. Bird Control
All rendering plants shall continually maintain an effective bird control program.
Such control program shall prevent bird access to raw or processed rendering materials,
and eliminate bird nesting and roosting sites.
Sec. 12.28. and 12.29. (Reserved)
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Article V. Liquid Waste Pumping Vehicles.
Sec. 12.30. Vehicle construction and maintenance.
Liquid waste pumping vehicles shall comply with the following specifications:
(a) All bodies and tanks shall be constructed of metal. All joints and
seams shall be welded and the tank shall be leakproof.
(b) All valves, couplings, hoses, and other appurtenances used to
transfer material to and from the vehicle storage tank shall be so constructed,
maintained, and stored as to preclude any dripping, draining, spilling, or splashing of
pumped material during transfer or while the truck is traveling between places of
collection and place of transfer or disposal.
(c) Each vehicle shall have the permittee's name or firm name,
telephone number, and street address in legible letters not less than three inches in
height with a 3/8-inch stroke on both sides of the vehicle so as to be visible when in use.
(d) Each vehicle shall be kept clean, sanitary, well painted, and in good
repair at all times.
Sec. 12.31. Dumping prohibited.
No person operating or in charge of a liquid waste pumping vehicle shall pump,
transfer, discharge, deposit, drain, or place any liquid waste from said vehicle directly or
indirectly onto the surface of the ground or into any storm drain channel, natural or
artificial drain, watercourse, gutter, river or tributary within the City of Vernon or into
any public or private sewer, sump, tank, or clarifier in the City of Vernon without the
proper permits. Industrial by-products transported in liquid waste pumping vehicles may
be transferred to receiving tanks at rendering plants, oil refineries, reprocessors, and
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similar industrial establishments.
Sec. 12.32. Registration required.
All liquid waste pumping vehicles pumping or removing material from a location
in the City of Vernon or delivering pumped material to a location in the City of Vernon
shall comply with the provisions of sections 117405 to 117450 of the California Health
and Safety Code and shall register and obtain a permit from the health officer. Said
registration shall be in addition to any other registration, permit, or license required by
the City of Vernon or other governmental entity. The health officer shall register any
liquid waste pumping vehicle which complies with the provisions of -this article and shall
issue a permit. A permit decal or plate shall be affixed in a conspicuous place on the
rear of the vehicle or tank. If the health officer cancels or revokes the health
- department registration for such vehicle pursuant to section 117445 of the California
Health and Safety Code, the permit decal or plate shall be removed or effaced.
Sec. 12.33. Records required.
Each operator of a liquid waste pumping vehicle in the City of Vernon shall
maintain accurate records giving the date and listing each and every one of the premises
by name and address where a septic tank, cesspool, sewage seepage pit, clarifier,
chemical toilet, sump, or other receptacle was cleaned or pumped by said operator or its
employees or others on its behalf, and said records shall also describe in precise terms
the date and place where the cleanings or material were disposed and by whom. These
records, or an exact copy, shall be furnished the health officer on demand (section
117435, California Health and Safety Code). Said record shall be maintained by each
operator for at least one year.
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Article VI. Non-exclusive Franchise System.
Sec. 12.35. Franchise requirement.
(a) Except as provided below in Section 12.36 of this Code, no person shall
collect solid waste in the City of Vernon without first entering into and possessing a
current, valid franchise agreement with the city to perform such services under a non-
exclusive franchise.
(b) No vehicle shall be used in the collection of solid waste within the city
unless it carries a current, unrevoked plate, decal, or gummed sticker, issued by the city,
which authorizes such activity and confirms it has a current valid health permit. Any
person who has established a business for collecting solid waste in the city prior to the
adoption of this article, as amended, shall have sixty (60) days to comply with the
franchise provisions of this article, and may conduct such business, uninterrupted during
that initial sixty (60) day period. At the end of that same sixty (60) days, if the person
has been unable to secure a current, unrevoked agreement to perform such services, said
person must cease the provision of all such services in the city.
Sec. 12.36. Franchise exemptions.
The following types of solid waste collection are exempt from the franchise
requirement; however, their transport must be made in compliance with the provisions of
other sections of this chapter:
(a) All residential refuse;
(b) Recyclable materials source separated from solid waste by the waste
generator and for which waste generator sells or is otherwise compensated by a collector
in a manner resulting in a net payment to the waste generator;
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Article VI. Non-exclusive Franchise System.
Sec. 12.35. Franchise requirement.
(a) Except as provided below in Section 12.36 of this Code, no person shall
collect solid waste in the City of Vernon without first entering into and possessing a
current, valid franchise agreement with the city to perform such services under a non-
exclusive franchise.
(b) No vehicle shall be used in the collection of solid waste within the city
unless it carries a current, unrevoked plate, decal, or gummed sticker, issued by the city,
which authorizes such activity and confirms it has a current valid health permit. Any
person who has established a business for collecting solid waste in the city prior to the
adoption of this article, as amended, shall have sixty (60) days to comply with the
franchise provisions of this article, and may conduct such business, uninterrupted during
that initial sixty (60) day period. At the end of that same sixty (60) days, if the person
has been unable to secure a current, unrevoked agreement to perform such services, said
person must cease the provision of all such services in the city.
Sec. 12.36. Franchise exemptions.
The following types of solid waste collection are exempt from the franchise
requirement; however, their transport must be made in compliance with the provisions of
other sections of this chapter:
(a) All residential refuse;
(b) Recyclable materials source separated from solid waste by the waste
generator and for which waste generator sells or is otherwise compensated by a collector
in a manner resulting in a net payment to the waste generator;
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(c) Recyclable materials which are source separated at any premises by the
waste generator and donated to youth, civic, or charitable organizations;
(d) Containers delivered for recycling under the California Beverage Container
Recycling Litter Reduction Act, California Public Resources Code Section 14500, et seq.;
(e) Green waste removed from a premises 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;
(f) Solid waste that is generated at any premises and which is removed and
transported personally by the owner or occupant of such premises (or by his/her other
full-time employees) to a transfer station, or disposal facility in a manner consistent with
this chapter and other applicable laws;
(g) Construction and demolition waste or debris removed from a premises by a
licensed demolition or construction contractor using its own employees and equipment as
an incidental part of a total service offered by that contractor rather than as a hauling
service;
(h) Hazardous waste regardless of its source;
(i) By-products of sewage treatment, including sludge, sludge ash, grit, and
screenings;
0) Residue or non-processible waste from a solid waste management facility,
including material recovery, composting, and transformation facilities;
(k) Animal waste and remains for use as tallow;
(1) Medical Waste.
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Sec. 1237. Franchise -authority to grant.
The city council shall have authority to issue to qualified applicants a franchise for
the collection of solid waste kept, accumulated, or produced in the city. The city council
may grant a franchise to an applicant based on compliance with this article and a
franchise agreement. Any grant of a franchise by the city council may be subject to such
terms, conditions, rules, regulations, restrictions, and limitations as the city council deems
necessary to protect the public health, safety, or welfare.
Sec. 1238. Franchise terms and conditions.
All franchises granted to persons pursuant to this article shall be non-exclusive.
No provisions of this article shall be deemed to require or to allow restricting the number
of franchises to one or to another particular number. All franchises shall be subject to
the terms and conditions specified in the city charter, in this article, in a franchise
agreement, and in all other applicable federal, state, and local laws and regulations.
Sec. 1239. Franchise application process.
Applications for agreements to provide for the collection solid waste kept,
accumulated, or produced in the city shall be on a city -approved form and shall be filed
with the director. Applications for such franchises shall include, but not be limited to,
the following information:
(a) Name and title of the applicant.
(b) Business address and telephone number of the applicant.
(c) Address where all vehicles and operating equipment used within the city
will be kept.
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(d) If applicant is a partnership, the name and address of each partner and
their percentage of ownership. If the applicant is a corporation, the names and
addresses of the corporation's directors and officers, date and place of incorporation,
main offices, major stockholders and associates, and the names and addresses of the
parent and subsidiary companies. If the applicant is a joint venture or other combination
of persons and corporations, identify separately the names and addresses of each
member of the joint venture or combined effort, together with their percentage interest.
(e) For waste disposal or other waste -related services provided by applicant
during the five-year period preceding the date of the application:
1. A complete listing and explanation of any civil or administrative
actions, whether resolved or pending, brought against applicant or any person identified
pursuant to subsection (d) of this section;
2. A complete listing and explanation of any civil judgments or
administrative fines in excess of five -thousand dollars ($5,000) against applicant or any
person identified pursuant to subsection (d) of this section; and
3. A complete listing and explanation of any criminal convictions
against applicant or any person identified pursuant to subsection (d) of this section.
(f) A description of all vehicles and equipment that the applicant owns, has
control of, or intends to acquire for the collection of solid waste in the city and which are
subject to the provisions of the agreement. A statement as to whether said vehicles and
equipment are self unloading and equipped with audible automatic back-up warning
devices. The minimum vehicle description for existing vehicles shall include vehicle
identification number (VIN) and license plate number.
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(g) A complete listing and explanation of any traffic accidents involving any
waste collection vehicles owned or operated by applicant for the past five (5) years.
(h) The name and address of each public agency from which applicant has
received a franchise or contract for waste disposal or other waste -related services in the
last ten (10) years.
(i) Any other relevant information deemed necessary by the director.
Sec. 12.40. Franchise application review process.
The city council may award franchises for the collection of solid waste within the
city. The number of such franchises shall be as many as there are qualified applicants.
Applicants may submit their completed application for a franchise, as provided in Section
12.39, to the director. The city administrator shall review and investigate such submittals
and make a recommendation to the city council to award or deny such franchise, all
within a reasonable period of time.
The city council shall take into consideration all components of the completed
application, including but not limited to a) the ability of the applicant to meet all terms
of the agreement; b) any history of civil or criminal convictions, accidents or safety
violations that make the award of a franchise detrimental to the public health, safety and
welfare; and c) the completeness, accuracy, and validity of the application. The city
council shall also have the authority to verify independently any and all statements made
and implied in the application. The city council may also request clarification from the
applicant of any or all elements of the submitted application.
After a reasonable review period, the city council shall either a) award a franchise
or b) deny the application. The applicant shall be notified in writing of the city council's
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decision.
Sec. 12.41. Awarding of franchise.
A franchise shall become effective when a written agreement has been signed by
the applicant and the city, and upon the applicant's satisfying all of the requirements and
conditions set forth in both this article and the agreement. Prior to performing any
services provided under the award of a franchise, the franchisee must provide to the city
copies of all required certificates of insurance, or other documents, as enumerated in the
agreement. If the franchisee's description of vehicles and equipment, as required under
Section 12.39, has changed between the application date and the effective date of the
agreement, then the franchisee must submit to the director an amended description,
including all identification elements required under Section 12.39, prior to commencing
services authorized in the agreement.
Sec. 12.42. Franchise term.
The term for any agreement shall not exceed six years. Any such agreement may
be extended by the city council.
Sec. 12.43. Franchise operations.
In no event may the franchisee enter into customer agreements (not to be
confused in this instance with a franchise agreement) for a term beyond that of the
agreement with the city. In addition, all customer agreements must contain clauses that
automatically terminate such customer agreements in the event that the agreement with
the city is terminated. The franchisee must offer recycling services to each of its
customers. To satisfy this requirement, the franchisee may offer recycling services
directly, coordinate the provision of recycling services with other franchisees, or provide
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customers with a list of persons who provide recycling services in the area.
Sec. 12.44. Franchise fees.
The _city council may impose franchise fees based on a percentage of gross
receipts, or other method, as the city council deems appropriate. Such method may
include differential fee structures based on service types, e.g., refuse versus recyclable
materials. Any such fees will be paid as specified in the agreement. The applicable
franchise fee percentage rate shall be set by resolution of the city council.
Sec. 12.45. Other franchise provisions.
The city council may expand or contract the scope of the agreement over time
due to changes in law. The city administrator may inspect the franchisee's books and
records. for purposes of verifying the correct payment of franchise fees and confirming
the accurate reporting of other required information. The city administrator shall
provide the franchisee with reasonable notice of his intent to inspect any of the
franchisee's records.
Sec. 12.46. Franchise extension.
The city council shall have authority to approve the extension of an agreement, for
a period of time to be determined by the city council. If the city council elects to
exercise this authority, or if the franchisee wishes an extension to an existing agreement,
either party shall give written notice to the other party, not later than sixty (60) days
prior to the termination date. Nothing contained in this article shall obligate the city
council to extend the term of any franchise. Notwithstanding the foregoing, a franchise
agreement may provide for automatic extensions on such terms and conditions as the city
council may approve.
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Sec. 12.47. Indemnification.
The franchise agreement shall require the franchisee to defend, with counsel to be
agreed upon by both parties, indemnify, and hold harmless, the city and its agents,
officers, servants, and employees from and against any and all claims, demands, damages,
liabilities, costs, or expenses for any damages or injuries to any person or property,
including but not limited to, injury to the franchisee's or city's employees, agents, or
officers which arise from, are connected with, or are caused or claimed to be caused by,
the franchisee, or their agents, officers, or employees, in the preparation, bidding,
execution, administration, or performance of the agreement, or in performing the work
or services therein, and all costs and expenses of investigating and defending against
same; provided, however, that the franchisee's duty to indemnify and hold harmless shall
not include any claims or liability arising from the sole negligence or intentional
misconduct of the city, its agents, officers, or employees, determined by a court of
competent jurisdiction. The franchise agreement shall further require the franchisee to
indemnify, defend, with counsel to be agreed upon by both parties, protect and hold
harmless the city, its officers, employees, agents, assigns, and any successor or successors
to the city's interest from and against all claims, actual damages (including but not
limited to special and consequential damages), natural resources damages, punitive
damages, injuries, costs, response, remediation and removal costs, losses, demands, debts,
liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines,
charges, penalties and expenses (including but not limited to attorneys' and expert
witness fees and costs incurred in connection with defending against any of the foregoing
or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or
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agreement. The city administrator shall notify the franchisee in writing of such summary
suspension, which notice shall also advise the franchisee of the time and place of a
hearing before the city council to consider the termination of the franchise pursuant to
section 12.50 of this article. The hearing before the city council shall be held not less
than five (5) nor more than thirty (30) days from the date of such notice.
Sec. 12.50. Council hearing on termination of franchise.
(a) Any franchise granted or issued pursuant to the provisions of this article
may be terminated after a public hearing before the city council. A franchise may be
terminated under the following circumstances:
1. Where it has been determined that the franchisee has violated or has
failed to comply with any of the terms or conditions of the franchise.
2. Where it has been determined that the franchisee has violated or has
failed to comply with any ordinances, resolutions, or regulations of the city applicable or
of state or federal law, to collection and disposal of solid waste.
3. Where it has been determined that the permit was granted pursuant to
false or fraudulent information contained in the application.
4. Where it has been determined that preservation of the public health,
safety and welfare require revocation of the permit.
(b) The city administrator may initiate a proceeding to terminate a franchise by
written notice delivered to the franchisee, setting forth the reasons for the proposed
termination. The notice shall also indicate the time and place of a hearing before the
city council, which shall be scheduled not less than ten (10) nor more than thirty (30)
days from the date of such notice.
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(c) At such hearing, the city shall bear the burden of proof. The franchisee
may present evidence in writing and through testimony of its employees and others
relevant to the proposed termination. During such hearing, the city council may demand
from the applicant such additional information as the city council may deem relevant and
necessary. Any hearing may be continued or adjourned to a stated time and place
without the giving of further notice. The city council will provide the applicant with a
written explanation of its determination within thirty (30) days of the conclusion of such
hearing. The city council's decision is final.
Sec.12.51. Violations.
(a) It shall be unlawful for any person to collect solid waste in the City of
Vernon without obtaining and possessing a current, valid franchise as required by this
chapter.
(b) It shall be unlawful for a franchisee to collect solid waste in the City of
Vernon during such time as the franchise of said franchisee is suspended pursuant to
Section 12.49 of this article.
Sec.12.52. (Reserved)
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category.
(2) The tonnage and/or volume of waste collected according to each
(3) The source of the waste, whether residential, commercial, industrial,
governmental, or other.
(4) The tonnage and/or volume of waste in each category which has
been sent to a disposal facility, waste processing facility, or waste transfer station, or
which has been diverted by other means.
(5) The location, site, and/or facility where such waste has been
disposed, delivered or diverted.
(6) Other information required by law or deemed necessary by the
health officer.
(b) Each quarterly report by a waste processing facility may be required to
contain the following data for the waste processed in the preceding quarter:
(1) The composition of waste processed according to categories, such as
paper, wood, metal, plastic, hazardous, infectious, etc.
(2) The tonnage and/or volume of residual material which could not be
processed, but was sent to a disposal facility, waste transfer station or another waste
processing facility or which has been diverted by other means.
(3) Other information required by law or deemed necessary by the
health officer.
Sec.12.56. Penalties.
If a waste collection business fails to file a complete and accurate report as
required in this article, any license to conduct business may be revoked or suspended
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pursuant to section 15.49 of this Code, its franchise agreement may be suspended or
terminated pursuant to sections 12.49 and 12.50 of this Code, and its health permit may
be suspended pursuant to section 13.24 of this Code.
Sec.12.57. (Reserved)
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Article VIII. Collecting and Loading Recyclable Materials.
Sec. 12.58. Definitions.
The following definitions shall apply to the provisions of this article:
(a) Development project means any of the following:
(1) A project involving development for which a building permit will be
required for a commercial, industrial, or institutional building, or residential building
having five or more living units, where solid waste is collected and loaded and any
residential project involving development where solid waste is collected and loaded in a
location servicing five or more units.
(2) Any new public facility where solid waste will be collected and
loaded and any improvements for areas of a public facility used for collecting and loading
solid waste.
(b) Development means the construction or addition of new building square
footage which exceeds 25,000 square feet or the price of which exceeds ten percent
(10%) of the current assessed value for the subject parcel. All calculations shall be
based on gross square footage of new buildings or of additions to existing buildings.
(c) Recycling Areas means space allocated for collecting and loading of
recyclable materials.
See. 12.59. General requirements.
Any development project for which an application for a building permit is
submitted on or after September 1, 1994, shall include an adequate, accessible, and
convenient recycling area.
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Sec. 12.60. Design standards.
Recycling areas shall be adequate in capacity, number, and distribution to serve
the development project.
(a) Dimensions of the recycling area shall accommodate containers consistent
with current methods of collection in the area in which the development project is to be
located.
(b) An adequate number of bins or containers to allow for the collection and
loading of each kind of recyclable material generated by the development project shall be
maintained.
(c) The design and construction of recycling areas shall be compatible with
surrounding land uses.
(d) Recycling areas shall be secured to prevent the theft of recyclable materials
by unauthorized persons, while allowing authorized persons access for collection and
loading of materials.
(e) Recycling areas or the bins or containers placed therein must provide
protection against adverse environmental conditions which might render the collected
materials unmarketable.
(f) A sign clearly identifying all recycling and solid waste collection and loading
areas and the materials accepted therein shall be posted and maintained adjacent to all
points of access to the recycling areas.
Sec. 12.61. Location.
(a) A recycling area shall not be placed in any location which is required by
local law or regulation to be maintained unencumbered or unoccupied in accordance with
35 of 36
� w
t t
M 1
fire regulations, applicable building codes, and/or public safety laws.
(b) A recycling area shall be located so that it is at least as convenient as the
location(s) where solid waste is collected and loaded. Whenever feasible, a recycling
area shall be adjacent to such trash collection area.
(c) Driveways or travel aisles shall provide unobstructed access for personnel
and for vehicles collecting and loading recyclable materials and shall provide at least the
minimum clearance required by the collection methods and vehicles utilized for other
solid waste.
36 of 36
SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF VERNON )
I, Gloria, J. Orosco, Chief Deputy City Clerk of the City of
Vernon, do hereby certify that on the 15th day of December,
1998, I did have posted three (3) copies of:
ORDINANCE NO. 1067 - An Ordinance of the City
Council of the City of Vernon Amending
chapters 12 and 13 and Appendix V of the Code
of the City of Vernon, California, 1959,
Adding Articles II to VII to Chapter 12
Pertaining to Waste Management and Recycling,
and Repealing all Ordinances or parts of
Ordinances or Parts of Ordinances in Conflict
Therewith
One in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Blvd., and Pacific Blvd.; and on the bulletin board in
the Lobby of the City Hall of the City of Vernon, located at 4305
Santa Fe Avenue, all in said City, there being no newspaper of
general circulation printed and published in the City of Vernon.
oria J. Or o
Chief Deputy iity,)Clerk
Date:
Subscribed and sworn to before
me this f 1c* of tp-aw,%1998
Notary Public in and for the
County of Los Angeles, State of
California
rapsbDr � �� �"�
�3 �Y�.I�i .... - i
�w� u � ��
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
December 15, 1998
Peter H. Maclearie, President
Coded Systems
120 Main Street
Avon, New Jersey 07717
Dear Mr. Maclearie:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Enclosed herewith is one copy of Ordinance No. 1067 to be
incorporated into the Vernon Municipal Code.
Prior to your final incorporation of this supplement, please FAX
or mail a draft for our review to ascertain that there are no
discrepancies between the actual ordinance and your
interpretation of same. We will notify you immediately if we are
in concurrence, or of any discrepancies.
After final
attention.
contact me.
GJO/rcw
enclosure
review, forward 55 sets of the supplement to my
If you have any questions, please do not hesitate to
Very truly yours,
CITY OF VERNON
Gloria J. Orosco./
Chief Deputy Cit Clerk
OFFICE OF THE CITY CLERK
INTER -OFFICE MEMORANDUM
Date: December 15, 1998
To: Lewis Pozzebon, Director of Environmental Health
FROM: Gloria J. Orosco, 'hoe eputy City Clerk
RE: Ordinance No. 1067
Enclosed, for your files, is a copy of Ordinance No. 1067 which
was approved by the City Council on December 8, 1998.
01AMM Dwpcei*)2_ Z0ju _
TO: Gloria Orosco, Chief Deputy City Clerk
FROM: David B. Brearley, City Attorne ardinance
SUBJECT: Waste Management and Recycling rdinance
No. 1067)
DATE: December 3, 1998
We discovered a clerical error in Exhibit A to Ordinance
No. 1067. Sections 12.47 to 12.61 were inadvertently misnumbered as
Sections 13 through 13.14.
Please substitute the enclosed new original for the document
previously submitted to you. Because this is clearly a clerical
error, it is not necessary to re -introduce the ordinance on first
reading. Vernon City Charter § 4.2 expressly provides that
"correction of typographical or clerical errors" does not constitute
an "alteration" of an ordinance that has received a first reading.
Consequently, the City Council may proceed to conduct a second
reading and to adopt the ordinance on December 8, 1998.
Please call me if you have any questions.
Enclosure
cc: Lewis Pozzebon, Director of Environmental Health
cv\9o-1067r.ptc
MEMO
0 F F I C E
To: Bruce Malkenhorst, City Administrator
•From: Lewis J. Pozzebon, Director, Environmental Health Department
Subject:
s
Yy., . ...
Date: November 12, 1998
The subject ordinance was read for the first time at the Council Meeting on November 3,
1998. Subsequent to the meeting, there were significant concerns expressed by the City
Attorney regarding elements of the non-exclusive franchise agreement application
portions of the ordinance. With the assistance of the City Attorney's staff and our solid
waste consultant, we have revised the application sections of non-exclusive franchise
article. These revisions will substantially improve the City's ability to review the waste
haulers' applications.
Because of the changes to the ordinance, we recommend, with the City Attorney's
concurrence, that another first reading be scheduled for the November 17, 1998 Council
Meeting.
xc: David Brearley, City Attorney
1pmyfiles\memo\admin\solidwastord02.
41
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
0 1,, (� -4.,
U)� (0
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
October 29, 1998
City Council
City of Vernon
Honorable Members:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Portions of the existing solid waste provisions in various
chapters and appendices of the Code of the Solid Waste Program
have become outdated and need to be reworked to correspond with
State Law.
A Non -Exclusive Franchise Agreement Program for waste haulers
operating in the City is being proposed to help the City to
comply with the California Integrated Waste Management Board
requirements to document and assist in solid waste source
reduction and recycling activities in the City. This Program
will help to maintain the open and competitive market for
businesses in the City to obtain waste hauling services and will
also allow us to collect vital information on the volumes of
waste and recyclable materials being picked up by haulers.
Haulers will be required to submit quarterly reports and pay a
franchise fee, based on gross receipts for waste hauling. The
franchise fee will be established by resolution. The franchise
fees collected will be used to offset the costs of our solid
waste program including consulting services, unreimbursed state
mandated activities, staff costs, and payment of premiums for
environmental insurance for potential Comprehensive Environmental
Response, Compensation and Liability ACT (CERCLA) liability.
City Council
Page 2
October 29, 1998
The proposed revisions to the Solid Waste Program and the Non -
Exclusive Franchise Agreement have been reviewed by the Director
of Environmental Health, our Solid Waste Consultant, and the City
Attorney and it is hereby recommended that the revisions to the
City Code be approved by adoption of Ordinance No. 1067, and that
the Non -Exclusive Franchise Agreement Program for Waste Haulers
be approved.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
N T E R
MEMO
0 F F I C E
To: Bruce Malkenhorst, City Administrator
From: Lewis J. Pozzebon, Director, Environmental Health Department
Subject: Revision of Solid Waste Provisions in the Vernon City Code
Date: October 28, 1998
During the last few months, our department has worked with the City Attorney's
staff and our solid waste consultant on two major projects pertaining to the City's
Solid Waste Program. The first project involves the improvement of the
administration of the solid waste program by revising the Code of the City of
Vernon(Code). The second project includes the development of a concept to assist
the City in complying with the waste reduction requirements in State law.
The first project resulted in a proposal to consolidate and revise various solid
waste provisions in the Code. We believe that consolidation is appropriate
because, currently, solid waste provisions are located in various chapters and
appendices of the Code. We also feel that some revisions are required because
portions of the existing provisions are outdated and needed to be reworked to
correspond with State law.
The second project has culminated with a proposal to establish a Non -Exclusive
Franchise Agreement Program for waste haulers operating in the City. We believe
this program will significantly help the City to comply with the California
Integrated Waste Management Board requirements to document and assist in solid
waste source reduction and recycling activities in the City. The City is mandated
to show the Waste Board that the City is complying with waste diversion goals of
25% by 1995 and 50% by the Year 2000 (The diversion percentages are calculated
based on the estimated volume of waste generated in 1990). In the past we have
attempted to document waste diversion activities by collecting voluntary
information from waste haulers. However, because there are over fifty (50) waste
haulers permitted by our department to collect waste in the City, our information
collection efforts have not been entirely successful.
Bruce Malkenhorst, City Administrator
Page 2
October 28, 1998
With the help of our solid waste consultant, Hilton Farnkopf and Hobson, we
evaluated several available concepts to improve waste information collection and
concluded that establishing a non-exclusive franchise agreement program is the
best course of action for the City to comply with State law. One of the features of
the program will be to maintain the open and competitive market for businesses in
the City to obtain waste hauling services. The program will also allow us to
collect vital information on the volumes of waste and recyclable materials being
picked up by haulers. Haulers will be required to submit quarterly reports and pay
a franchise fee, based on gross receipts for waste hauling. The franchise fee will
be established by City Council resolution. We estimate that the fee we will be
recommending will be ten per cent (10 %). This fee rate compares favorably with
franchise fees of 5 and 20% charged by other cities in Los Angeles County. The
franchise fees collected will be used to offset the costs of our solid waste program
including consulting services, unreimbursed state mandated activities, staff costs,
and payment of premiums for environmental insurance for potential
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) liability.
I am recommending that the revised provisions of the ordinance(attached) which
include sections authorizing the establishment of non-exclusive franchise
agreements be submitted to the City Council for approval.
Attachment
xc: David Brearley, City Attorney
1pmyfiles\memo\admin\solidwastord
1el
MEMORANDUM
To: Joan Francone, Risk Manager/Personnel Assistant
From: Lewis Pozzebon, Director, Environmental Health
Subject: Environmental Liability Insurance
Date: October 27, 1998
Our department has been working with the City Attorney's staff and our solid waste
consultant, Dave Davis of Hilton Farnkopf and Hobson, on establishing non-exclusive
franchise agreements with the solid waste haulers in the City. During the development of
the agreement, there was some consideration given to trying to protect the City from
exposure to environmental liability if the landfills where waste is taken start leaking in
the future and need to be cleaned up. Although we developed language to place in the
agreement that would require each hauler to acquire suitable insurance to protect the City,
we were informed by representatives of the insurance industry that it would be
impractical and unreasonably expensive for each hauler to secure this insurance. It was
recommended that the City evaluate its liability in establishing the agreements and based
on the evaluation pursue arrangements for an environmental liability insurance policy of
its own.
The City Attorney's office has prepared an evaluation of the City's liability (copy
attached). I have also discussed the issue with Mr. Malkenhorst and advised him that the
premiums for the proposed policy could be paid from the franchise fees the City will be
collecting from the solid waste haulers.
Since we are already evaluating environmental liability insurance for some other
application in the City, I recommend we also request the insurance representative to
prepare a proposal for a policy relating to environmental liability coverage specific to the
City's limited role in the placement of waste in solid waste landfills.
Please let me know if additional information is needed or if you would like to discuss this
issue more.
Attachment
cc:4ruce V. Malkenhorst, City Attorney
1p/myfiles/solid waste/enviroliability.mem
L.
IIVV
9
}' MEMORANDUM
4
VIA TELECOPIER AND MAIL
TO: Bruce V. Malkenhorst, City Administrator/City Clerk
FROM: David B. Brearley, City Attorneanger" Liability Under the ompreh sive Environmental
Response, Compensation and Liabi'Oct of 1980 ("CERCLA")
DATE: October 23, 1998
We have been working with the Health Department on a program for
issuing non-exclusive franchises to solid waste haulers. If adopted,
there would be an increase in the degree of regulatory authority
exercised by the City in this area. We understand the program is
necessary if the City is to meet the waste diversion requirements of AB
939 by the year 2000 and avoid possible administrative sanctions imposed
by the state of up to $10,000 per day (Public Resources Code § 41850).
As the City exercises greater control over the waste collection
process, a question arises concerning its exposure under CERCLA if
hazardous substances are collected and disposed of by franchised haulers,
inadvertently or otherwise. We have looked at this issue without the
intent of suggesting that the City should not implement the non-exclusive
franchise program. We have done so solely to be sure the City
understands the legal landscape before approving the program.
In addition to imposing strict liability on anyone who owns
contaminated property, CERCLA imposes liability on persons who have
"arranged for disposal" of hazardous substances. The pertinent language
is found in 42 U.S.C. § 9607(a)(3), which describes this class of persons
as follows:
"Any person who by contract, agreement or otherwise arranged
Memo to B.V. Malkenhorst 2 October 23, 1998
re "Arranger" Liability Under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ("CERCLA")
for disposal or treatment or arranged with a transporter for
transport or treatment, of hazardous substances owned or possessed
by such person, by any other party or entity, at any facility or
incineration vessel owned or operated by another party or entity and
containing such hazardous substances."
The application of this statute to public agencies was discussed in
Transportation Leasing Company vs. State of California (1992) 861 F.
Supp. 931. There, approximately 60 corporations, many of them Fortune
500 companies, were sued by EPA and the state for hazardous waste
contamination at the Operating Industries landfill in Monterey Park. The
lawsuit was settled by a consent decree, under which the companies agreed
to pay some $61 million toward cleaning up the site. The companies then
filed a contribution action against 29 cities and other public agencies,
including several of Vernon's neighbors, contending the cities should
share the liability based on the cities' relationships with solid waste
haulers which for years had disposed of residential, commercial and
governmental waste at the landfill. The companies' theory was that the
cities could be held liable as "arrangers" under 42 U.S.C. § 9607(a)(3).
The court's decision mentions three elements that must be
established for a person to be held liable as an "arranger." These are
(1) the substances disposed of must have been "hazardous" under CERCLA;
(2) the liable party must have "owned or possessed" the substances; and
(3) it must have "arranged" for their disposal. The court's opinion,
however, only deals with the second and third elements.
On the question of whether the cities "arranged" for disposal of
waste, the court held that city contracts with waste haulers over the
years constituted "arranging" within the meaning of the statute. This
1
Memo to B.V. Malkenhorst 3 October 23, 1998
re "Arranger" Liability Under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ("CERCLA")
was true even though the contracts did not mention hazardous substances,
and even though no city required that waste be disposed of at the
Operating Industries landfill.
Additionally, the court held that certain cities --Bell, Commerce,
Compton, Lynwood and South Gate --could be deemed "arrangers" for having
simply licensed and regulated haulers who operated within their
boundaries. The court noted that cities have a duty under California law
to "make adequate provision for solid waste handling... within their
respective jurisdictions." (See, Public Resources Code § 40002.) The
court held that the existence of this duty, coupled with the issuance of
local regulatory licenses, were sufficient to constitute an arrangement
for waste disposal under CERCLA.
On the question of whether the cities "owned or possessed" the
residential and commercial waste collected by the haulers, it was
stipulated by the plaintiff companies that the cities did not "actually
own or possess" such waste. 1 The issue, then, turned to whether the
cities "constructively owned or possessed" such waste, which the court in
a previous order said could satisfy this element of arranger liability.
The court held that merely having authority to control solid waste
disposal was not sufficient in and of itself to constitute constructive
ownership or possession. Instead, constructive ownership or possession
depends on the degree of control exercised by a city over the waste
collection process. In finding that all of the defendant cities
constructively owned or possessed the residential and commercial waste
I It was undisputed that the cities "owned or possessed"
governmental waste --that is, waste generated by their own
operations.
Memo to B.V. Malkenhorst 4 October 23, 1998
re "Arranger" Liability Under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ("CERCLA")
collected on their behalves by the private waste haulers, the court cited
the following factors which, according to the court, indicate the cities
exercised control:
1. whether the city defined the type of waste to be collected;
2. whether the city prohibited unauthorized collection;
3. whether a hauler was required to clean-up spills;
4. whether a hauler was required to dispose of waste outside the
city limits;
5. whether the hauler was required to operate under the direction
of a city employee (e.g., the city manager);
6. whether the city established or regulated rates charged to
customers;
site;
7. whether the city did the billing for trash collection service;
8. whether the city reserved the right to approve of the dump
9. whether the city attempted to provide that the waste would be
property of the hauler upon collection;
10. whether the contractor was paid a fee;
11. whether the city prohibited accumulation of garbage on local
properties for more than one week;
12. whether the city prohibited disposal of solid waste in any
public place or on vacant premises; and
13. whether the city received a percentage of gross receipts.
Not all of these factors applied to every city; in fact, in most
cases only two or three were mentioned by the court. The court again
pointed to the duty imposed by state law on cities with respect to solid
� i a
Memo to B.V. Malkenhorst 5 October 23, 1998
re "Arranger" Liability Under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ("CERCLA")
waste collection as an important factor in the issue of constructive
ownership or possession.
The question of whether the waste collected by the private haulers
contained "hazardous substances" was deferred for another day.
Ultimately, the case settled, with those cities remaining as defendants
agreeing to pay approximately $31 million collectively toward clean-up
costs.
The foregoing does not mean the City of Vernon will suffer a similar
fate if it begins issuing nonexclusive franchises. Yet, the City must
understand that by doing so it will more clearly have "arranged" for the
disposal of solid waste, and that such waste may be deemed to be
"constructively owned or possessed" by the City. It is noted that some
of the "control" factors cited by the Court in Transportation Leasing
already apply to Vernon -- e.g., prohibiting the accumulation of garbage
on private property, prohibiting unlawful dumping. It is possible,
though by no means certain, that these factors, along with the City's
duty under state law with respect to solid waste disposal, may be enough
to subject the City to arranger liability under CERCLA. The proposed new
program would add other factors to the list -- charging a fee based on
gross receipts, prohibiting unlawful collection, reserving authority over
ultimate disposal site, attempting to determine "ownership" of waste --
thereby increasing the City's exposure.
Please let me know if you have any questions about the foregoing.
cc: Lew Pozzebon, Director of Environmental Health
cv\bm-crcla.nsr
G MEM�R
VIA TELECOPIER AND MAIL
TO: Bruce V. Malkenhorst, City Administrato 'ty Clerk
FROM: David B. Brearley, City Attorney
SUBJECT: Environmental Remediation Insuran
DATE: October 21, 1998
Joan Francone asked us to review the attached letter dated
October 15, 1998 from Ray Stockstill of MDM Insurance Associates.
Joan has been talking to Mr. Stockstill about insurance to protect
the City and the Redevelopment Agency against hazardous waste
liability on the Soco-Lynch, AKZO-Nobel and neighboring properties.
Mr. Stockstill's letter raised two issues on which Joan sought
our advice: (1) whether the City can legally enter into
"confidentiality agreements" with Mr. Stockstill's company and
potential underwriters; and (2) whether the City should "assign"
certain underwriters to Mr. Stockstill's company, which in effect
would give the company the exclusive right to purchase insurance on
the City's behalf from those underwriters.
We contacted Mr. Stockstill to better understand what he is
looking for. He explained that he is simply offering, but not
requiring, the confidentiality agreements. He indicated that such
agreements are not normally used by parties when acquiring
environmental insurance. He felt that the City might have a need for
confidentiality, based upon the limited information about the
properties that he was able to get from the Health Department.
What Mr. Stockstill needs is as much information as possible
about the condition of the properties in order to obtain a quote from
Memo to B.V. Malkenhorst 2 October 21, 1998
re Environmental Remediation Insurance
the underwriters. He is willing to keep whatever information the
City provides him confidential, but again, does not require a
confidentiality agreement.
On the question of assigning underwriters, Mr. Stockstill said
that this is standard practice in this area. He said the
underwriters will usually deal with any broker, but once a
transaction focuses on insuring a particular piece of property for a
prospective policy holder, the underwriter will ask the client to
designate one broker as its exclusive representative. In designating
one broker to deal with an underwriter, the client assigns the market
serviced by that underwriter to the broker.
Mr. Stockstill explained a little bit about the coverage
l
available to the Redevelopment Agency and the City. /(He discussed
this in a second letter to Joan, also dated October 15, 1998, which
we have not revi�.) Using the policy written by AIG as an
example, Mr. Stockstill said that policy limits of $5 to $20 million
would be recommended, with a deductible from $100,000 to $500,000.
The policy term would be for ten years with a one-time premium
payment, typically in the range of five percent of the policy limit.
Coverage would apply to both on -site and off -site contamination, and
would insure against such things as changes in regulatory
requirements, technology failures, and pre-existing undiscovered
contamination.
Mr. Stockstill said that a potential buyer of the site could be
made an insured under the policy. There would be a limitation in the
policy language to make it unattractive for the buyer to sue the
Memo to B.V. Malkenhorst 3 October 21, 1998
re Environmental Remediation Insurance
Redevelopment Agency or the City in the event that contamination is
discovered on the site in the future.
We see no legal obstacle to doing business with Mr. Stockstill.
Whether insurance is a cost effective solution to the risk of
liability in purchasing these properties is something the City and
Sunlaw must evaluate.
If you have any questions about the foregoing, please give me a
call.
Attachments
cc: Joan Francone
cv\bm-akzo.nsr
Insurance Associates
777 South Figueroa Street, Ninth Floor
Los Angeles, California 90017
213/892-7600 • Fax: 213/892-7610
October 15, 1998
Ms. Joan Francone
Risk Manager
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Dear Joan:
Lewis J. Pozzebon, R.E.H.S. Director/Health Officer for the City of Vernon has provided a
list of properties for Environmental Insurance Evaluation. Based on this information, MDM
Insurance Associates is pleased to make the following coverage suggestions.
American International Specialty Lines Insurance Company
Pollution Legal Liability Select Policy
1. Suggested Coverages:
A - On -site clean-up of pre-existing conditions
C - Third -Party Claims for on -site bodily injury and property damage
D - Third -Party Claims for off -site clean-up resulting from pre-existing conditions
F - Third -Party Claims for off -site bodily injury and property damage
2. Term of Policy -10 Years
3. Limits - MDM Insurance Associates will provide options ranging from $5 million
to $20 million
4. Deductible - MDM Insurance Associates will provide options ranging from $100 to
$500thousand
Attached for your review, is a Specimen of the Pollution Legal Liability Select Policy. The
Specimen explains each of the suggested coverages, as well as the other coverages you can
choose from. If the City of Vernon has concerns that are not addressed by either the suggested
coverages or the other coverages, please bring them to my attention because they are likely
available on other Environmental Policy forms.
TeamStrengthmsince 1956
License No. 398855
M DM
Insurance Associates
Ms. Joan Francone
October 15, 1998
Page 2
A Specimen of the Clean -Up Cost Cap Policy has been included. If the City is going to be
involved in the remediation of these properties, MDM Insurance Associates proposes a single
Clean -Up Cap Policy be purchased that attaches above the expected clean-up costs. This
policy is designed to address the risks and uncertainties associated with beginning an
Environmental Remediation Project. This mechanism is crucial to investors purchasing
contaminated properties, as well as to current owners who are cleaning up properties. Clean -
Up Cost Cap can be a component of an investment strategy or of ongoing balance sheet
management.
In order for MDM Insurance Associates to obtain binding quotes from qualified underwriters,
the City of Vernon will have to furnish copies of all Environmental Reports, on each property
going back 3 years. Before we can bind a policy, we will have to complete an application,
which I can assist you with.
Should you have any questions, or if you need any clarifications, please feel free to call me.
will be contacting you to confirm that you have received this proposal and to discuss how to
proceed forward.
Sincerely,
t stil
c . Lewis J. Pozzebon
40/26/98 14:52 -FAX 626 330 5818 DAVID B BREARLEY ��� CITY CLERK I1001/001
Ocir-19-98 02:55P risk mgmt--par-sonnel 2135854661 P_02
MDM
In�uraa(f A 5 1 a C i I I e A
777 South Figueroa Street, Ninth Floor RECEIVED
Los Angeles, California 90017
213/892-7600 • Fax: 213/892-7610 16 M+ 19 AS ;OQ
October 15, 1998
Ms. Joan Prancone
Risk Manager
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Dear Joan:
A•IN M A N A `r,E MCUT
I want to take this opportunity to request a confidentiality agreement from the City of Vernon
for MDM Insurance Associates (MDM) regarding the properties the City would like
considered for environmental insurance. Additionally, we will need secrecy agreements from
the City for each of the underwriters MDM will he working with so they can have access to
the necessary environmental information.
As we discussed, I am requesting that the City of Vernon assign MUM at least two of the four
underwriters offering environmental coverage. As you are aware, we are already working
with AIG Environmental on this evaluation so they are our first choice. If limited to two
underwriters, MDM requests Kemper Environmental as our second market, with
ECS/Reliance third choice and Zurich as our fourth choice. The order is a reflection of our
working relationship with each. All four underwriters are excellent insurance companie%.
MDM is also willing to work with all four underwriters on behalf of the City so that the
coverage and terms are consistent between them, with the primary difference being their
respective pricing. In this situation, MDM will suhmit for your review and ultimate decision,
a comparison of the four underwriters' proposals. Both methods of Wmpetition are routine in
the insurance industry and MDM will be happy to compete in either fashion.
Should you have any questions or if I can be of further assistance please call. 1 will be
contacting you in the next couple of days on both the confidentiality agreement and market
assignments.
Best regards, _ —
Post-lt• Fax Note 7671' _ �► !
To From
co
y still Phone
Fax # Fax #
Licen.5e No. 398855
MEMORANDUM
VIA TELECOPIER AND MAIL
TO: Bruce V. Malkenhorst, City Administr City Clerk
FROM: David B. Brearley, City Attorney
SUBJECT: Solid Waste Franchise Agreement
DATE: October 5, 1998
We received a document entitled "Preliminary Draft --Exclusive
Franchise Agreement between the City of Vernon and for Solid
Waste Management Services" from Hilton, Farnkopf & Hobson LLC on
October 1, 1998. Attached is a list of questions and suggested
revisions we have concerning this draft.
Note that the structure of this program,
as it appears to be
07
5r`
evolving, would have
Council adopt an enabling ordinance
the City P
a
a
authorizing the City
Administrator to grant
non-exclusive
franchises by agreement.If you prefer that
the agreements be;
approved by the City
Council, please advise and we will suggest
additional revisions
to the consultant.
Please call if you have any questions about the foregoing.
Attachment
cc: Lewis Pozzebon, Director of Environmental Health
cv\ba-sldws.frn
Oil
Cam,
{
COMMENTS/QUESTIONS ON SOLID WASTE FRANCHISE
AGREMENT (Dated September 30, 1998)
1. Vernon has no "City Manager." Change to "City Administrator" throughout
the agreement
2. Add definition: "`Code' means the Code of the City of Vernon, California,
1959, as now written or hereafter amended or recodified."
Revise § 1.3: -- replace the entire section with the following:
"Franchisee's rights and City's obligations under this Franchise are subject to the
following conditions, each of which, with the exception of Subsection D, may be waived in
whole or in part by the City:
A. Accuracy of Representations. That the representations and warranties
made by Franchisee are true and correct on and as of the effective date
of this Agreement.
[Question: What "warranties and representations".]
]
B. Absence of Litigation. That there shall be no litigation pending on the
effective date of this Agreement in any court challenging the award or
execution of this Agreement or seeking to restrain or enjoin its
performance.
C. Furnishing of Insurance and Bonds. That Franchisee shall have
furnished evidence of the insurance and bonds required by Section 5 of
this Agreement.
D. Adoption. of Ordinance. That a City ordinance authorizing the City
Administrator to execute this Agreement on behalf of the City shall
have become effective. "
Revise 1.5 -- at page 10, line 26, delete everything after 1st sentence in 2nd paragraph.
Question re: 6 1.6 -- Can city determine "ownership" of waste?
Revise § 2.1 -- at page 13, line 6, delete the word "materially"
Question re: § 2.3 -- Why is a non-discrimination clause needed?
1
Revise § 5.1 A -- at page 19, line 15, delete the word "active" and insert the word "sole."
Revise 6 5.1 B -- at page 20, line 10, "facilit�, transfer station or disposal site" should read
"facility, transfer station, disposal site or othe place ... "
Question re: 6 5.1 B -- at page 20, line 25 -- y this limitation?
Question re 6 5.2 A(1) -- This does not make sense. Is there a particular ISO form that is
recommended?
Question re: § 5.2 B,(2) -- Is $1 million auto
appropriate for a trash truck. (Consider $1
haulers.)
;e sufficient? $5 million seems more
for small haulers, $5 million for larger
Revise 6 5.2 BQ) -- "Workers Compensation as required by California la.-., and Employers
Liability limits of not less than $1,000,000 per accident or disease."
Revise 6 6.1 F -- at page 26, line 1, delete the word "materially"
Revise 6 6.2 -- replace the entire section with I the following:
"Upon a default by Franchisee, the City may terminate this Agreement
in the manner provided in Chapter 12 of the Code."
Revise § 8.6 -- at page 34, line 2, strike the word "nonmaterial."
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