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HomeMy WebLinkAbout91-100 CC ResolutionRESOLUTION NO. 91-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING REGULATIONS GOVERNING SOLID WASTE DISPOSAL BY GRAND FATHERED WASTE HAULERS WIT A RESOLUTION WITHIN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City of Temecula hereby finds and declares that: 1. Prior to incorporation, the area which is now the City of Temecula was receiving solid waste disposal services from private haulers issued permits by the County of Riverside. 2. The permits issued by the County of Riverside to said private haulers were and are governed by County Ordinance No. 657 which reads in pertinent part: "Section 6." F. Revocation of Permits. A permit may be revoked or suspended by the Board of Supervisors whenever the permittee has violated a material provision of this ordinance, or State rules or regulations,, or is in non-compliance with a resolution of the Board of Supervisors or for failure of performance as defined in Section 7... "Section 7." J. Failure to Perform. 1. Permittee shall be deemed to have failed to perform in the following circumstances: a. Failure to provide the service indicated; c. Failure to comply with the terms of this ordinance, a county resolution, state or federal law..." 3. On December 1, 1989 the City of Temecula became a duly incorporated city within the State of California, with the City Council assuming all jurisdiction from the Board of Supervisors over solid waste hauler permits; Resos 91-100 -1- 4. The State of Califomia has provided cities with the authority to provide for the adequate cities with the authority to provide for the adequate collection and disposal of solid waste within their respective jurisdictions upon incorporation including the authority to adopt and enforce regulations therefore; 5. That the City of Temecula adopted Ordinance 90-27 establishing regulations governing integrated waste management now codified in the Temecula Municipal Code as Chapter 6.10. 6. Sections 49520 and 49521 of the Public Resources Code of the State of California provides that where a local agency has authorized by permit a solid waste enterprise to provide solid waste handling and these services have been furnished for more than three years, said enterprise may continue service for an additional five years after notification that an exclusive franchise is to be authorized, provided that: 1. The services of the solid waste handler are in substantial compliance with the terms and conditions of the solid waste permit; 2. The services meet the quality and frequency of services required of other haulers operating within the City; 3. The rates charged by the enterprise may be periodically reviewed and set by the local agency. 7. The City of Temecula has set forth, pursuant to Section 6.10.205 of the Temecula Municipal Code, rules governing the manner, time, and frequency of collection to be provided within the City. 8. The City of Temecula is, by authority of Section 6.10.200 of the Temecula Municipal Code, permitted to determine the means by which integrated waste management services shall be furnished. 9. The City of Temecula has granted an exclusive franchise to CR&R Incorporated dba Temecula Environmental effective May 28, 1991 and has complied with the notice requirements contained in the applicable sections of the Public Resources Code for discontinuing the services of previously permitted haulers. 10. All private haulers or solid waste enterprises other than CR&R dba Temecula Environmental are now operating in the City of Temecula pursuant to Section 49520 of the Public Resources Code and operate within the City subject to the conditions as set forth in Section 49521 of the same. SECTION 2. DEFINITIONS. The following meanings apply for purposes of this Resos 91-100 -2- resolution unless the context clearly indicates otherwise: GRAND FATHERED Hauler: A "GRAND FATHERED hauler" means any hauler or collector, other than the holder of a franchise or permit issued by the City, who is providing services under the authority of Public Resources Code Section 49520 and is licensed pursuant to this Resolution. SECTION 3. AUTHORITY. Authority to regulate solid waste collection service by GRAND FATHERED haulers is provided by Section 49521 of the Public Resources Code of the State of California. SECTION 4. I,ICENSING. All GRAND FATHERED haulers operating within the jurisdiction of the City of Temecula must be licensed by the City. Said license shall be issued by the City for a period not to exceed one (1) calendar year. The license shall set forth the following: 1. Terms. The license shall be subject to the terms and conditions governing the manner, time, and frequency of solid waste collection and disposal as set forth in Chapter 6.10 of the Municipal Code and in the Regulations attached hereto and incorporated herein by reference. 2. Scope of Service. The license may set forth in detail either the specific parcels and/or accounts which may be serviced or may set forth the specific boundaries of the area to be serviced. 3. Fees. The license shall set forth the fee to be paid to the City for the duration of the license. Said fee shall be not less than eight percent (8 %) of gross revenues. SECTION 5. SCOPE OF SERVICE. 1. No right to expand service. No GRAND FATHERED Hauler shall serve any parcel and/or accounts not already served by the Hauler when it was first notified to discontinue service pursuant to Section 49520. Further, a GRAND FATHERED Hauler may only provide service to those individual parcels and/or accounts it was providing service to at the time it was issued the license. Notwithstanding the above, if the GRAND FATHERED Hauler loses a parcel and/or account, it may serve a new and equivalent parcel and/or account. 2. Discontinuation of Service. Discontinuation of service to either any category of service (commercial, single-family residential, multi-family, etc.) regardless of intent to resume, for greater than 30 days shall result in the GRAND FATHERED Hauler losing any right to subsequently offer that category of service. SECTION 6. SUSPENSION AND REVOCATION. Any license issued to a GRAND FATHERED Hauler may be suspended or revoked at the discretion of the City Council for failure Resos 91-100 -3- by any hauler to substantially comply with any of the terms and conditions regulating service as set forth in the license, this resolution, Chapter 6.10 of the Temecula Municipal Code, or any State or Federal law shall be grounds for suspension or revocation of said license. SECTION 7. NOTICE. Upon determination that the provisions of this Section apply to a given hauler, the City Manager or his designee shall send notice regarding suspension or revocation to the GRAND FATHERED Hauler by United States Mail, rerum receipt requested. The notice provided for in this Section shall state the type and area of service to be abated along with the effective date of abatement. SECTION 8. FINAI,ITY. The notice of suspension or revocation shall be deemed a final action by the City. SECTION 9. SF. VF. RAFIII.ITY. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, tnuagraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 10. CERTIFICATION. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTI~D this 24th day of September, 1991. Ronald J. Parks, Mayor ATrEST: [SEAL] Resos 91-100 -4- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I I-IERERY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 24th day of September, 1991 by the following vote of the Council: AYES: 5 COUNCILMEMBERS: Birdsall, Moore, Lindemans, Mufioz Parks NOES: 0 COUNCILMEMBERS: 0 ABSENT: 0 COUNCILMEMBERS: 0 ne S. Greek, CityL-~k Rcsos 91-100 -5- REGULATIONS FOR THE COLLECTION, TRANSPORTATION, RECYCLING, CO1VIPOSTING, AND DISPOSAL OF SOLID WASTE AND CONSTRUCTION DEBRIS BY HAULERS LICENSED PURSUANT TO PUBLIC RESOURCES CODE SECTION 49520, SECTIONS 6.10.200 AND 6.10.205 OF THE TEMECULA MUNICIPAL CODE, AND RESOLUTION NO. 91-100 SECTION 1. DEFINITIONS. Whenever any term used in these Regulations has been defined by Chapter 6.10 of the Temecula Municipal Code or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in these Regulations. A. AB 939. "AB 939" shall mean the California Integrated Waste Management Act of 1989, as it may be amended from time to time. B. Bins. "Bins" shall mean those containers provided by Hauler for commercial, industrial, construction, and multi-family residential uses. Bins are of two types: (i) Bins which are picked up by refuse trucks by means of front loading apparatus; and (ii) Rolloff Bins which are picked up by trucks using rear loading winches onto rails. C. City Limits. "City Limits" means the boundaries of the City together with all amendments and changes thereto, which boundaries are shown by maps incorporated herein by reference and which are on f'fie in the office of the City Clerk of the City Council. D. Hauler. "Hauler" means a person, persons, local agency, firm, contractor, or corporation licensed to provide for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris within the City pursuant to Section 49520 of the Public Resources Code and City Resolution No. 91-100. E. Special Wastes. "Special Wastes" shall mean all the items and materials which are set forth on Exhibit "B," "Special Wastes." SECTION 2. LICENSE. Every January 1, haulers shall obtain a license to provide solid waste collection, transportation, recycling, cornposting, and disposal of solid waste and construction debris services within City. The form of the license application and the license shall be established by the City Manager or his designee. SECTION 3. SERVICE AREA. A. Service Area Defined. The Service Area authorized by these Regulations shall be all residential, commercial, industrial, and construction premises served by the hauler as of July 1, 1991, subject to reduction pursuant to Section 5 of City Resolution 91-100. B. Annexation Covered by Existing Franchise. Territory annexed to the City that is covered by an existing solid waste or construction debris permit, license, agreement, or franchise granted by another public entity may continue to be served by the same hauler for the balance of the term of its permit, license, agreement, or franchise, subject to the provisions of Chapter 6.10, and the provisions of these Regulations or five (5) years from the date of annexation, whichever is less. SECTION 4. SERVICES PROVIDED BY HAULER. A. General. Hauler shall provide the collection, transportation, recycling, cornposting, and disposal of solid waste and construction debris and provide temporary bin/rolloff services within the Service Area in accordance with the terms of these Regulations and Chapter 6.10. 2 B. Single Family Residential. (1) Weekly Service. Once each week Hauler shall collect the solid waste, compostables, and recyclables (except bulky items and household hazardous waste) which have been placed, kept, or accumulated in containers at single family residences that have contracted for Hauler's service. All solid waste, compostables, and recyclables must be placed within containers curbside without obstructions so as to permit collection. Hauler shall establish a normal weekly collection time. Hauler may negotiate special pickup procedures, above and beyond the normal services described above, with customers for an additional fee in an amount provided in Exhibit "D." (2) Bulky Item and Household Hazardous Waste Services. Twice during each calendar year, every residential customer receiving container service by the Hauler shall be provided, by the Hauler, a bulky item pickup (maximum of two items per pickup) which have been placed at curbside in residential areas within the Service Area, e.g., refrigerator, washer and dryer, sofa, etc. Hauler may provide temporary bin/rolloff services to customers for numerous items from annual cleanups, moving, extensive yard work, minor construction projects, etc. Residents shall be required to provide the Hauler with a seven day notice requesting this bulky item service. Hauler shall be responsible with recording residential bulky item pickup requests. Bulky item pickups exceeding the two per calendar year per residential container customer shall be charged an additional fee in an amount provided in Exhibit "D. N Semiannually, on dates designated by City as "Residential Household Hazardous Waste Roundup Day," Hauler shall conduct a residential household hazardous waste roundup at a central location designated by the City, if hauler is providing single family residential services. Hauler shall accept only those non-permit required household hazardous wastes that are all recyclable, i.e. to date, waste oil, water base paint, antifreeze, and lead/acid batteries. Therefore, no disposal fees shall be incurred and as such, charged to the City. Hauler agrees to prepare all applications and manifests and to obtain all necessary approvals. City shall not be designated as the generator. Semiannually, the County of Riverside shall provide a Mobile Household Hazardous Waste Collection Program designed to collect not only non-permit required household hazardous wastes but also permit required household hazardous wastes, e.g., pesticides, herbicides, oil base paint, etc. These County and Hauler roundups should be coordinated in an effort to provide all residents with non-permit required roundups once each calendar quarter, or more, and permit required roundups semiannually. Hauler shall produce, keep current, and provide public education materials specifically outlining the bulky item pickups and household hazardous waste roundups. C. Commercial. Industrial. and Multi-Family Residential. (1) Multi-Family Weekly Service. Not less often than once per week, and more frequently if required to handle the waste stream of the premises where the bins are located, Hauler shall collect the solid waste (including bulky items which have been placed in a closed bin), compostables, and recyclables (except household hazardous waste) from multi-family premises which have contracted for Hauler's services. (2) Bulky Item and Household Hazardous Waste Services. Hauler shall provide bulky item services to multi-family residences as described in 5C(1) above; however, special consideration shall be provided by Hauler for those bulky items that are impractical and unreasonable to place in a bin. Hauler shall coordinate with individual property managers of multi-family residences to effect the bulky item services (maximum of four items per resident per calendar year) to the respective residents of the complex. The same household hazardous waste services provided, pursuant to Section 5B(2) above for container service residences, shall be made available to all multi-family residents in the Service Area, coordinating with individual property managers to effect the service to the respective residents of the complex served. (3) Commercial and Industrial Weekly Service. Not less often than once per week, and more frequently if required to handle the waste stream of the premises where the bins are located, Hauler shall collect the solid waste, compostables, and recyclables from commercial and industrial premises which have contracted for Hauler's service. (4) Hauler shall conduct a waste audit of all contracted commercial and multi-family accounts received after October 1, 1991, to determine their recyclable content, prior to services being rendered. The process used to conduct this waste audit shall be shared with the City of Temecula and the County to ensure permit compliance and acceptance. Those accounts that contain a significant recyclable content shall be processed through a Recycling Processing Center that currently processes 4 salvaged separated materials for reuse. Customers achieving this content, or higher, shall only be charged the service rates that appear in Exhibit "D," paragraph D 5. Those accounts that do not satisfy the content level, shall have their waste stream disposed of at the landfill and shall only be charged the service rates that appear in Exhibit "D,", paragraph D 5. However, if these customers desire to commence a source separated recycling program, a recycling container shall be provided by Hauler and customers shall be charged the additional service rates reflected in Exhibit "D," paragraph D 6. Once Hauler's or an appropriate recovery facility is operational to accept the entire waste stream, customers shall only be charged the service rates reflected in Exhibit "D," paragraph D 5, and the source separated recycling rates in Exhibit "D," paragraph D 6 will become a customer option. D. Construction and Temporary Bin/Rolloff Services. Hauler may provide construction and temporary bin/rolloff services using rates reflected in Exhibit "D." E. Recycling Program. The Hauler shall provide recycling services in the Service Area in accordance with the terms set forth in Exhibit "C", and the rates set forth in Exhibit "D." F. Special Wastes. Hauler may, but is not required to, provide such collection, transportation, and disposal services for special wastes. Hauler may provide such services for special wastes if contracted to do so by customers under separate written contracts negotiated between Hauler and the customer generating such special wastes. A schedule of fees for these special waste services shall be approved by the City Manager. SECTION 5. LICENSE FEES. A License Fee of eight percent (8%) of the Hauler's Gross Revenues, less landfill fees, shall be payable by Hauler to City 30 days after the close of each quarter of the Hauler's fiscal year. SECTION 6. LETTER OF CREDIT: INSURANCE COVERAGE. A. Cash Bond. Within thirty (30) days of adoption of these Regulations, the Hauler shall deposit a cash bond in the sum of Ten Thousand Dollars ($10,000.00) in an interest beating account. The cash bond shall be on terms acceptable to the City Attorney. The cash bond shall serve as security for the faithful performance by Hauler of all the provisions and obligations of these Regulations. (1) After thirty (30) days following Hauler's failure to pay the City an amount owing under these Regulations, the cash bond may be assessed by the City upon five (5) days prior written notice to the Hauler for purposes including, but not limited to: (a) Failure of Hauler to pay the City sums due under the terms of these Regulations. (b) Reimbursement of costs borne by the City to correct Regulation violations not corrected by Hauler, after due notice. (c) Monetary remedies or damages assessed against Hauler due to breach of these Regulations. (2) The Hauler shall deposit a sum of money sufficient to restore the cash bond to the original amount within thirty (30) days after notice from the City that any amount has been withdrawn from the cash bond. B. Insurance Coverage. Contemporaneously with the execution of these Regulations, the Hauler shall deposit copies of insurance policies or endorsements evidencing the existence of policies of insurance required pursuant to these Regulations. SECTION 7. TERM. Haulers shall cease to provide all solid waste services upon expiration of the grandfathered period of five years, as provided under Public Resources Code Section 49520. SECTION 8. LICENSE TRANSFERRABLE: CITY CONSENT REOUIRED A. The license authorized by these Regulations shall not be transferred, 6 sold, hypothecated, sublet, or assigned, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold, or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein, pass to or vest in any person, except the Hauler, either by act of the Hauler or by operation of law, without the prior written consent of the City expressed by Resolution. Any attempt by Hauler to assign this license without the consent of City shall be void. B. If the Hauler attempts to transfer the license prior to obtaining City consent, all of the profits or twenty-five percent (25%) of the Gross Revenues, from the date of attempted transfer until the date of City consent, whichever is greater, shall be returned to the customers on a pro rata basis. C. The City shall not unreasonably withhold its consent to a transfer of the license authorized by these Regulations. The City may impose conditions of approval on a license transfer, including, but not limited to the payment of a license transfer fee to the City. D. City consent is required for any change in control of Hauler. "Change in control" shall mean any sale, transfer, or acquisition of Hauler. Hauler is a corporation, and any acquisition of more than ten percent (10%) of Hauler's voting stock by a person, or group of persons acting in concert, who already owns less than 50% of the voting stock, shall be deemed a change in control. E. Any change in control of the Hauler occurring without prior City approval shall constitute a material breach of these Regulations. SECTION 9. LICENSE TRANSFER: FEES. A. Any application for a license transfer shall be made in a manner prescribed by the City Manager. The application shall include a license transfer fee in an amount to be set by City by a Resolution of the Council, to cover the cost of all direct and indirect administrative expenses including consultants and attorneys, necessary to adequately analyze the application and to reimburse City for all direct and indirect expenses. In addition, the Hauler shall reimburse the City for all costs not covered by the license transfer fee. Bills shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within thirty (30) days of receipt. 7 B. These license transfer fees are over and above any additional license fees specified in these Regulations. SECTION 10. IMPOSITION OF DAMAGES OR TERMINATION A. If the City Manager determines that the Hauler's performance pursuant to these Regulations has not been in conformity with reasonable industry standards which are obtained in similar cities in Southern California, the provisions of these Regulations, the requirements of Chapter 6.10, the requirements of the California Integrated Waste Management Board, including, but not limited to, requirements for source reduction and recycling (as to the waste stream subject to these Regulations) or any other applicable Federal, State, or local law or regulation, including but not limited to the laws governing transfer, storage, or disposal of special wastes, the City Manager may advise Hauler in writing of such deficiencies. The Manager may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. The City Manager shall review the Hauler's response and refer the matter to the City Council or decide the matter and notify the Hauler of that decision, in writing. A decision or order of the City Manager shall be final and binding on Hauler if the Hauler fails to file a "Notice of Appeal" with the City Manager within 30 days of receipt of the City Manager's decision. Within ten working days of receipt of a Notice of Appeal, the City Manager shall either refer the appeal to the City Council for proceedings in accordance with Section 10C-D, below. B. The City Council, in such case, may set the matter for hearing or refer the matter to a hearing officer pursuant to Section 11. The City Council shall give Hauler, and any other person requesting the same, fourteen (14) days written notice of the time and place of the hearing. At the heating, the City Council shall consider the report of the City Manager indicating the deficiencies, and shall give the Hauler, or its representatives and any other interested person, a reasonable opportunity to be heard. C. Based on the evidence presented at the public hearing, the Council shall determine by Resolution whether the license should be terminated or a penalty imposed. If, based upon the record, the City Council determines that the performance of Hauler is in breach of any material term of these Regulations or any material provision of any applicable Federal, State, or local statute or regulation, the City Council, in the exercise of its sole discretion, may terminate the license forthwith or impose a penalty, as defined below. The decision of the City Council shall be final and conclusive, subject to referral of the matter for an administrative hearing pursuant to Section 11, below. Hauler's performance under its license is not excused during the period of time prior to the City Council's final determination as to whether such performance is deficient. D. This right of termination or to impose a penalty is in addition to any other rights of City upon a failure of Hauler to perform its obligations under these Regulations. E. The City further reserves the right to terminate Hauler's license or impose a penalty in the event of any of the following: (1) If the Hauler practices, or attempts to practice, any fraud or deceit upon the City. (2) If the Hauler becomes insolvent, unable, or unwilling to pay its debts, or upon listing of an order for relief in favor of Hauler in a bankruptcy proceeding. (3) If the Hauler fails to provide or maintain in full force and effect, the workers' compensation, liability, indemnification coverage, or cash bond as required by these Regulations. (4) If the Hauler willfully violates any orders or rulings of any regulatory body having jurisdiction over the Hauler relative to these Regulations, provided that the Hauler may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of these Regulations shall be deemed to have occurred. (5) If the Hauler ceases to provide collection services for a period of seven (7) days or more, for any reason within the control of the Hauler. (6) If the Hauler willfully fails to make any payments required under these Regulations and/or refuses to provide City with required information, reports, and/or test results in a timely manner as provided in these Regulations. (7) Any other act or omission by the Hauler which materially violates the terms, conditions, or requirements of these Regulations, Chapter 6.10, the California Integrated Waste Management Act of 1989, as it may be amended from time to time or any order,. directive, rule, or regulation issued thereunder and which is not corrected or remedied 9 Fo within the time set in the written notice of the violation or, if the Hauler cannot reasonably correct or remedy the breach within the time set forth in such notice, if the Hauler should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter. PENALTIES. (1) The City Council may, in its discretion, assess penalties not to exceed the sum of Seven Hundred and Fifty Dollars ($750.00) per day, for each calendar day that service is not provided by Hauler in accordance with these Regulations. The amount of the liquidated damages shall be increased by the past year's consumer price index for the Los Angeles-Anaheim-Riverside area on March 1 and effective July 1 of each year. In addition, the Council may order the assessment against the cash bond required by Section 6A, above, the termination of these Regulations, or both. (2) The Hauler shall pay any penalty assessed by the City Council within ten (10) days after it is assessed. If it is not paid within the ten (10) day period, the City may withdraw them from the security fund established by the cash bond required by Section 6A, above, order the termination of the license granted by these Regulations, or both. SECTION 11. ADMINISTRATIVE HEARING PROCEDURES. A. Should Hauler contend that the City is in breach of these Regulations, it shall file a request with the City Manager for an administrative heating before the City Council on the allegation. The Council may refer the matter to a hearing officer. B. If the City Council refers a matter to a hearing officer, then the Council shall select as the hearing officer a retired California Superior Court judge or Appellate Court justice, none of whom are related to the parties. C. The hearing shall be conducted according to California Code of Civil Procedure Section 1280, et seq, The exclusive venue shall be in Riverside County, California. A heating officer to whom a matter is referred shall have the authority to (i) order the City or the Hauler to undertake remedial action to cure the breach and to 10 prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty upon the Hauler consistent with the terms of these Regulations; or (iii) find there has been no breach. If the heating officer finds there has been no breach, such a decision precludes the City from conducting a default heating. The amount of the penalty shall be reasonably related to the seriousness of the breach of these Regulations. D. The party losing the hearing shall be liable for the hearing officer's fees. E. Any failure of the Hauler to comply with the hearing officer's order shall be deemed a material breach of these Regulations, and may be grounds for termination of the license. F. The hearing officer shall commence the hearing within thirty (30) days of selection unless the parties and the hearing officer otherwise agree. Any party to the heating may issue a request to compel reasonable document production from the other party. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of that document request, then by disposition by order of the heating officer. Any such document request shall be subject to the proprietary rights and rights of privilege of the parties, and the hearing officer shall adopt procedures to protect such rights. Except as may be otherwise specifically agreed by the parties, no other form of pretrial discovery shall be available to the parties; provided that if either party notifies the hearing officer that a material violation of these Regulations or rights in connection therewith is claimed by either party, the provisions of Code of Civil Procedure Section 1283.05 shall apply. G. Neither party may communicate separately with the hearing officer after the hearing officer has been selected. All subsequent communications between a party and a heating officer shall be simultaneously delivered to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance. H. Until final judgment is entered from the hearing officer proceeding under the foregoing provisions and the time for appeal or other post-judgment petition has expired, the imposition or enforcement of any penalties or sanctions provided in these Regulations and related to the subject matter of the hearing shall be stayed. The hearing officer may modify or cancel any proposed penalties or sanctions upon a finding that the party subject thereto acted with substantial justification or if the interests of justice so require. 11 I. Any party to a hearing may petition the Superior Court in Riverside County, California to confirm, correct, or vacate the award on the grounds stated in the General Arbitration Act. Any proceedings on appeal shall be in accordance with Code of Civil Procedures § 1294 and § 1294.2. SECTION 12. CITY'S ADDITIONAL REMEDIES. In addition to the remedies set forth in Sections 10-11, above, City shall have the right to obtain damages and/or injunctive relief. SECTION 13. RIGHTS OF CITY TO PERFORM DURING EMERGENCY. A. Should Hauler, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 23A, "Force Majeure," below, refuse or be unable to collect, transport, recycle, compost, and dispose of solid waste and construct/on debris and provide temporary bin/rolloff services any or all of the refuse, compostables, and recyclables which it is obligated under these Regulations for a period of more than seventy-two (72) hours, and if as a result thereof, debris, refuse, compostables, recyclables, and construction debris should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager should find that such accumulation endangers or menaces the public health, safety, or welfare, then in such event City shall have the right, upon twenty-four (24) hour prior written notice to Hauler, during the period of such emergency, to temporarily take possession of any or all equipment and facilities of Hauler previously used in the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and provide temporary bin/rolloff services under these Regulations, and to use such equipment and facilities to collect, recycle, compost, and transport any or all debris, refuse, compostables, recyclables, and construction debris and provide temporary bin/rolloff services which Hauler would otherwise be obligated to collect, recycle, compost, transport, and dispose of solid waste and construction debris and provide temporary bin/rolloff services pursuant to these Regulations. Hauler agrees that in such event it shall fully cooperate with City to effect such a transfer of possession for City's use. B. Hauler agrees that, in such event, City may take temporary possession of and use all of said equipment and facilities without paying Hauler any rental or other charge, provided that City agrees that, in such event, it assumes complete 12 responsibility for the proper and normal use of such equipment and facilities. City agrees that it shall immediately relinquish possession of all of the above mentioned property to Hauler upon receipt of written notice from Hauler to the effect that it is able to resume its normal responsibilities under these Regulations. SECTION 14. PRIVACY. A. Hauler shall stricfiy observe and protect the rights of privacy of customers. Information identifying individual customers or the composition or contents of a customer's waste stream shall not be revealed to any non-governmental person, business, or no profit entity, unless upon the authority of a court of law, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude Hauler from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939. B. Hauler shall not market or distribute, outside the normal course of its business, mailing lists with the names and addresses of customers. C. The rights accorded customers pursuant to this Section shall be in addition to any other privacy right accorded customers pursuant to Federal or State law. SECTION 15. REPORTS AND ADVERSE INFORMATION. A. Annual Reports. Upon the City Manager's written request made at least sixty (60) days before the close of Hauler's fiscal year, the Hauler shall submit a written annual report, in a form approved by the City, including, but not limited to, the following information: (1) A summary of the previous year's (or, in the case of the initial report year, the initial year's) activities including, but not limited to, services begun or discontinued during the reporting year, and the number of customers for each class of service; (2) A report, in a form satisfactory to the City, on the City's 13 progress in meeting and maintaining its ability to meet its goals under AB 939, along with any recommended changes. (3) A revenue statement, setting forth quarterly License Fees and the basis for the calculation thereof, certified by an officer of the Hauler; (4) A list of Hauler's officers and members of its board of directors. (5) A list of stockholders or other equity investors holding five percent (5 %) or more of the voting interest in the Hauler and any subsidiaries unless Hauler is a public corporation whose annual reports are publicly available. B. Adverse Information. (1) Hauler shall provide City two copies of all reports, or other material adversely affecting these Regulations, submitted by Hauler to the EPA, the California Integrated Waste Management Board, or any other Federal or State agency. Copies shall be submitted to City simultaneously with Hauler's filing of such matters with said agencies. Hauler's routine correspondence to said agencies need not be automat- ically submitted to City, but shall be made available to City upon written request, as provided in Section 22, below. (2) The Hauler shall submit to City copies of all pleadings, applications, notifications, communications, and documents of any kind, submitted by the Hauler to, as well as copies of all decisions, correspondence, and actions by, any Federal, State, and local courts, regulatory agencies, and other government bodies relating specifically to Hauler's performance of services pursuant to these Regulations. Any confidential data. exempt from public disclosure shall be retained in confidence by the City and its authorized agents and shall not be made available for public inspection. (3) Hauler shall submit to the City such other informarion or reports in such forms and at such times as the City may reasonably request or require. (4) All reports and records required under this or any other section shall be furnished at the sole expense of the Hauler. 14 (5) A copy of each of Hauler's annual and other periodic public financial reports and those of its parent, subsidiary, and affiliated corporation and other entities, as the City requests, shall be submitted to the City within thirty (30) days after receipt of a request. C. Failure to Report. The refusal, failure, or neglect of the Hauler to file any of the reports required, or the inclusion of any materially false or misleading statement or representation made knowingly by the Hauler in such report shall be deemed a material breach of these Regulations, and shall subject the Hauler to all remedies, legal or equitable, which are available to the City under these Regulations or otherwise. SECTION 16. COMPENSATION. A. Hauler Rates. Hauler shall provide the services described in these Regulations in accordance with the rates fixed by City from time to time, all as described as set forth in the Exhibit "D," "Schedule of Rates." B. Modification and Adjustment of Rates. Except as provided in Exhibit ~D," the rates set forth on Exhibit "D" shall remain in effect until adjusted by City by a Resolution of the City Council. C. Notice of Rate Increases: The Hauler shall provide the City and customers, at least thirty (30) days in advance of the beginning of a billing period, written notice of the implementation of changes in any of its rates and charges which are not subject to regulation by the City. The notice shall include a statement of the reasons for the rate increase. D. Resolution of Disputes Regarding Rate Adjustments: Any dispute regarding the annual "CPI" and Landfill Tipping Fee adjustment, or the computation thereof, described in Exhibit 'D,~ or any other dispute regarding Haulefts reimbursement for fees, special services, or extraordinary costs described in Exhibit "D,~ shall be decided by the City Manager, or referred by the Manager to the City Council, or to a hearing officer as provided in Section 11 above. The rates in effect 15 at the time such dispute is submitted to the City Manager, City Council, or a hearing officer shall remain in effect pending resolution of such dispute. The effective date of any dispute resolution, whether retroactive or prospective, shall reasonably be determined by the City Manager, City Council, or the hearing officer, as appropriate. E. Billing and Payment: (1) Hauler may bill customers for all services, whether regular or special. Hauler shall provide itemized bills, distinctly showing charges for all classifications of services, including the charges for late payment. The Hauler shall not designate that portion of a customer's bill attributable to the license fee as a separate item on customers' bills. Billings may be made monthly in advance for commercial and all bin service customers, and may be made three (3) months in advance for residential customers. (2) City has elected to bill residents of single family attached homes for standard refuse collection, recycling, and composting by the exclusive franchisee only through a parcel charge system. F. Delinquent Accounts. Hauler may discontinue service as set forth in this Section. Persons who have not remitted required payments within 30 days after the date of billing shall be notified on forms approved by City. Said forms shall contain a statement that services may be discontinued 15 days from the date of notice if payment is not made before that time. Upon payment of the delinquent, redelivery, or reinstatement fees, if applicable, Hauler shall resume collection on the next regularly scheduled collection day. G. Refunds. Hauler shall refund to each customer, on a pro rata basis, any advance service payments made by such customer for service not provided when service is discontinued by the customer. SECTION 17. COLLECTION EOUIPMENT. A. Hauler shall provide an adequate number of vehicles and equipment for the collection, transportation, recycling, and disposal of solid waste for which it is responsible under these Regulations. The equipment of Hauler used under these Regulations shall be subject to inspection by City on a semiannual basis but shall not be subject to any license fees therefor. 16 (1) All solid waste, transport, and bin vehicles used by Hauler under these Regulations shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, shall be uniformly painted, and shall be no more than ten (10) years old. A sufficient supply of parts must be kept on hand to ensure timely and continuous fulfillment of these Regulations. (2) All bins and containers provided shall be functional and maintained to present an acceptable appearance. Any new three cubic yard bins provided shall be brand new steel bins with plastic lids. (3) Solid waste collection, transport, and bin vehicles shall be washed at least once every seven (7) calendar days. (4) All vehicles, high visibility bins, rolloffs, and the residential container designated as the refuse container shall display the Orange County Solid Waste Haulers Anti-Drug Carnpaign decal. The decal on the residential refuse container shall be located on the side of the container. The small inscription area on the top of all of the residential containers shall be labeled as follows: refuse container - "Property Of The City Of Temecula," recycling container - "Recycling - Everyones' Responsibility," and the greenwastes container - "25% Bv 1995 - 50% By 2000." SECTION 18. PUBLIC ACCESS TO HAULER. A. Office Hours. Hauler's office hours shall be, at a minimum, from 8:00 A.M. to 5:00 P.M. daily, on all collection days. A representative of Hauler shall be available during office hours for communication with the public at Hauler's principal office. In the event that normal business cannot be rectified over the telephone, a representative of Hauler shall agree to meet with the public at a location agreeable to Hauler and the public. Normal office hours telephone numbers shall either be a local or toll free call. Hauler shall also maintain a local or toll free after hours telephone number for use during other than normal business hours. Hauler shall have a representative or answering service available at said after-hours telephone number during all hours other than normal office hours. 17 B. Service Complaints. (1) All customer complaints shall be directed to Hauler. Hauler shall record all customer complaints received by mail, by telephone, or in person (including date, name, address of complainant, and nature of complaint). Hauler agrees to use its best efforts to resolve all complaints by close of business of the second business day following the date on which such complaint is received. Service complaints may be investigated by City. Unless a setfiement satisfactory to complainant, the Hauler, and the Manager's designee is reached, the complainant may refer the matter to the City Manager for review. (2) Hauler shall maintain records listing the date of consumer complaints, the customer, describing the nature of the complaint or request, and when and what action was taken by the Hauler to resolve the complaint. All such records shall be maintained and shall be available for inspection by City, as described in Section 22. Hauler shall prepare monthly summaries of consumer complaints. The summaries shall be available and delivered monthly to the City Manager or the City Manager's designated representative. C. Government Liaison Person. The Hauler shall designate a "government liaison person" who shall be responsible for working with the City Manager or the City Manager's designated representative to resolve consumer complaints. SECTION 19. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS. A. The Hauler shall notify customers of this complaint arbitration procedure at the time customers apply for or are provided service, and subsequently, annually. B. A customer dissatisfied with Hauler's decision regarding a complaint may ask the City to review the complaint. To obtain this review, the customer must request City review within 30 days of receipt of Hauler's response to the Complaint, or within 45 days of submitting the complaint to the Hauler, if the Hauler has failed to respond to the complaint. The City may extend the time to request its review for good cause. 18 C. Before reviewing the complaint, the City Manager shall refer it to the Hauler. If the Hauler fails to cure the complaint within ten (10) days, the City Manager shall review the customer's complaint and determine if further action is warranted. The City Manager may request written statements from the Hauler and customer, and/or oral presentations. D. The City Manager shall determine if the customer's complaint is justified, and if so, what remedy, if any, shall be imposed. The remedy under this Section shall be limited to a rebate of customer charges related to the period of breach of any of the terms of these Regulations and a penalty of up to $100 for any single event or series of related events, or any actual damages. E. The City Manager may delegate these duties to a designee. The decision of the City Manager or his designee shall be final on any matter under Five Thousand Dollars ($5,000.00). In the event of a decision on a matter awarding five thousand dollars or more ($5,000), Hauler may seek review pursuant to Section 11, above. SECTION 20. OWNERSHIP OF SOLID WASTE. Once refuse, compostables, recyclables, and construction debris are placed in bins/rolloffs for collection, or containers at curbside, ownership shall transfer to Hauler. Subject to Hauler's duty to meet the source reduction and recycling goals which apply to City, Hauler is hereby granted the right to retain, recycle, compost, dispose of, and otherwise use such refuse, compostables, recyclables, and construction debris, or any pan thereef, in any lawful fashion or for any lawful purpose desired by Hauler. Subject to the provisions of these Regulations, Hauler shall have the right to retain any benefit profit resulting from its right to retain, recycle, compost, dispose of, or use the refuse, compostables, recyclables, and construction debris which it collects. Refuse, compostables, recyclables, and construction debris, or any pan thereof, which is disposed of at a disposal site or sites (whether landfill, transforma- tion facility, transfer station, or material recovery facility) shall become the property of the owner or operator of the disposal site or sims once deposited there by Hauler. However, City, at its sole option, shall retain the right to require Hauler which transformation facility, transfer station, or material recovery facility shall be used to retain, recycle, compost, process, and dispose of solid waste and construction debris generated within the Service Area. In this instance, Hauler shall conduct a rate audit and recommend, if necessary, a rate adjustment. 19 SECTION 21. INSURANCE. A. Workers' Compensation Insurance. Hauler shall obtain and maintain in full force and effect throughout the entire term of these Regulations full workers' compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Certificates that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of these Regulations. B. Public Liability Insurance. Hauler shall obtain and maintain in full force and effect throughout the entire term of these Regulations a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and property damage, with any self-insured retention not exceeding $200,000.00 per occurrence. Said insurance shall protect Hauler and City from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to these Regulations, whether such operations be by Hauler itself, or by its agents, employees, and/or subhaulers. Copies of the policies or endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. All of the following endorsements are required to be made a part of the insurance policies required by this Section: (1) ~The City, its employees, and officers, are hereby added as insureds for liability arising out of activities performed by or on behalf of Hauler. (2) ~This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." (3) "This insurance shall act for each insured, as though a separate policy had been written for each. This, however, shall not act to increase the limit of liability of the insuring company. ~ (4) "Thirty (30) days prior written notice by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in coverage or in l/mits, or non-renewal of this policy for whatever reason. 20 Such notice shall be sent to the City Clerk." The limits of such insurance coverage, and companies, shall be subject to review and approval by the City Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall be included as a named insured on all policies and endorsements. C. Modification. The insurance requirements provided herein may be modified or waived in writing by the City Council upon the request of Hauler, provided the City Council determines such modification or waiver is in the best interests of City considering all relevant factors, including the fact that the parent of Hauler may be self-insured up to a certain acceptable amount. SECTION 22. HAULER'S BOOKS AND RECORDS: AUDITS. A. Hauler shall maintain all records relating to the services provided hereunder, including, but not limited to, customer lists, billing records, accounts payable records, financial records, maps, AB 939 compliance records, and customer complaints, for the full term of these Regulations, and an additional period of not less than three (3) years, or any longer period required by law. The City shall have the right, upon five (5) business days advance notice, to inspect all such records of the Hauler which reasonably relate to Hauler's compliance with the provisions of these Regulations. Such records shall be made available to City at Hauler's regular place of business, but in no event outside the County of Riverside. B. Should any examination or audit of Hauler's records reveal an underpayment of any fee required under these Regulations, the amount of such underpayment shall become due and payable to City not later than fifteen (15) days after written notice of such underpayment is sent to Hauler by City. Should an underpayment of more than three percent (3 %) be discovered, Hauler shall bear the entire cost of the audit. 21 SECTION 23. GENERAL PROVISIONS. A. Force Majeure. Hauler shall not be in default under these Regulations in the event that the temporary bin/rolloff services and the collection, transportation, recycling, composting, and disposal of solid waste and construction debris provided by the Hauler are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, and fires, strikes, lockouts, and other labor disturbances or other catastrophic events which are beyond the reasonable control of Hauler. Other catastrophic events do not include the financial inability of the Hauler to perform or failure of the Hauler to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Hauler. In the event a labor disturbance interrupts temporary bin/rolloff services and the collection, transportation, recycling, cornposting, and disposal of solid waste and construction debris by Hauler as required under these Regulations, City may elect to exercise its rights under Section 13 of these Regulations. B. Independent Contractor. Hauler is an independent contractor and not an officer, agent, servant, or employee of City. Hauler is solely responsible for the acts and omissions of its officers, agents, employees, haulers, and subhaulers, if any. Nothing in these Regulations shall be construed as creating a partnership or joint venture between City and Hauler. Neither Hauler nor its officers, employees, agents, or subhaulers shall obtain any rights to retirement or other benefits which accrue to City employees. C. Pavement Damage. Hauler shall be responsible for any extraordinary damage to City's driving surfaces, whether or not paved, resulting from the weight of vehicles providing refuse collection and temporary bin/rolloff services directly attributable and at the location of bins, rolloffs, and containers on public or private property. D. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees, Haulers, or subhaulers of the Hauler to private or public property shall be repaired or replaced. 22 E. Right of Entry. Hauler shall have the right, until receipt of written notice revoking permission to pass is delivered to Hauler, to enter or drive on any private street, court, place, easement, or other private property for the purpose of providing temporary bin/rolloff services and the collection, transportation, recycling, cornposting, and disposal of solid waste and construction debris pursuant to these Regulations. F. Fees and Gratuities. Hauler shall not, nor shall it permit any agent, employee, or subhauler employed by it to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for temporary bin/rolloff services and the collection, transportation, recycling, cornposting, and disposal of solid waste and construction debris otherwise required under these Regulations. G. Exhibits Incorporated. Exhibits "A" through "E" are attached to and incorporated in these Regulations by reference. H. Identification Required. (1) Hauler shall provide its employees, agents, and subhaulers with identification for all individuals who may make personal contact with residents of the City. (2) The Hauler shall provide a list of current employees, agents, and subhaulers to the City upon request. The City may require the Hauler to notify customers yearly of the form of said identification. 23 EXHIBIT A FRANCHISE AREA All portions of the City shown on the map attached as Exhibit A-1. Exhibit B Special Wastes Flammable waste. Containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.). Waste transported in a bulk tanker. Liquid waste. Sewage sludge. Waste from a pollution control process. Residue and debris from the cleanup of a spill or release of chemical substances, commercial products or any other special wastes. Contaminated soil, waste, residue, debris, and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of any other special wastes. Dead animals. Manure. Waste water. Explosive substances. Radioactive materials. Materials which have been exposed to highly infectious or contagious diseases. Hazardous materials. Exhibit "C" Recycling Programs, Service Commencement, AB 939 Topics. and Facility Considerations A. Hauler shall implement alternatives identified in the City's Source Reduction and Recycling Element (SRRE) and Household Hazardous Wastes Element (HHWE), when completed, by separate Regulations. Hauler shall be responsible to implement, their share based on market share, the public education and awareness portions of the SRRE and HHWE, at Hauler's expense. Hauler shall provide City with written reports in a form adequate to meet City's reporting requirements to the California Integrated Waste Management Board and to the County of Riverside throughout the term of these Regulations wherein its performance under this program is set forth in detail. B. Effective immediately, Hauler shall conduct a waste audit of all contracted solid waste collection accounts to determine their recyclable content, prior to services being rendered. The process used to conduct this waste audit shall be shared with the City of Temecula, and the County to ensure permit compliance and acceptance. Those accounts that contain a significant recyclable content shall be processed through a Recycling Processing Center that currently processes salvaged separated materials for reuse. Customers achieving this content, or higher, shall only be charged the service rates that appear in Exhibit "D," paragraph D 5. Those accounts that do not satisfy the content level, shall have their waste stream disposed of at the landfill and shall only be charged the service rates that appear in Exhibit "D,", paragraph D 5. However, if these customers desire to commence a source separated recycling program, a recycling container shall be provided by Hauler and customers shall be charged the additional service rates reflected in Exhibit "D," paragraph D 6. Once Hauler's or an appropriate recovery facility is operational to accept the entire waste stream, customers shall only be charged the service rates reflected in Exhibit ~D,' paragraph D 5, and the source separated recycling rates in Exhibit "D," paragraph D 6 will become a customer option. C. On January 1, 1992, Haulers desiring to provide single family residential services shall institute a three sixty (60) gallon single family residential container recycling system pursuant to the exclusive franchisee's system and Chapter 6.10. One container shall be for refuse, one container for greenwastes, and one container for commingled recyclables. The initial recycling containers shall be provided by Hauler at Hauler's expense and provide the minimum container specifications contained in Exhibit 'F'. Hauler shall replace and repair containers as may be necessary as a result of normal wear and tear. D. By January 1, 1992, any Hauler providing single family residential services shall implement a completely 100% mechanized single family residential container system in conjunction with the use of a Recycling Processing Center and a compost diversion system to recover recyclables and divert compostables in a method similar to the exclusive franchisee's system and approved by the City Manager or his designee. Mechanized means that Hauler shall provide collector trucks that are capable of picking up containers, emptying them into the collector truck, and then returning them to the curbside without any human handling of the container. The container that is designated as recyclables shall be processed at a Recycling Processing Center. The greenwastes container shall be diverted from the landfill in a mutually acceptable system to City and Hauler. The refuse container shall be taken to the landfill for disposal. E. By January 1, 1992, Hauler shall implement the bulky item pickups and household hazardous waste roundup procedures outlined in Section 4. F. The failure of Hauler to achieve any of the above shall be deemed a material breach of these Regulations. o o e 8. 9. 10. Exhibit "D" Schedule of Rates Mechanized Single Family Attached Residential Collection, Disposal, Cornposting, and Recycling - Hauler Billing Monthly Rate: $10.98 Mechanized Single Family Detached Residential Collection, Disposal, Cornposting, and Recycling - Parcel Charge Monthly Rate: $10.98 Mechanized Single Family Attached and Detached Residential Additional Refuse, Cornposting, and Recycling Container - Hauler Billing Monthly Per Container Rate:$ 4.00 Single Family Attached and Pickup - Hauler Billing Pickup Rate: Detached Residential Additional Bulky Item $ 5.00 Commercial, Industrial, and Multi-Family Residential Refuse Monthly Bin Rates (one 3 cubic yard bin) with following pickups per week: 1 x week $ 55.00 5 x week $275.00 2 x week $110.00 6 x week $330.00 3 x week $165.00 7 x week $385.00 4 x week $220.00 Commercial, Industrial, and Multi-Family Residential Recvclin~ Monthly Bin Rates (one 3 cubic yard bin) with following pickups per week: 1 x week $ 30.00 5 x week $150.00 2 x week $ 60.00 6 x week $180.00 3 x week $ 90.00 7 x week $210.00 4 x week $120.00 Temporary 3 Cubic Yard Bin Rate: Redelivery and Reinstatement Rate: 40 cubic yard Rolloff Bin Rate: 10 cubic yard Rolloff/Lowboy Box Rate: $45.00 $25.00 $130.00 plus landfill fee $130.00 plus landfill fee 11. Annual Consumer Price Index ("CPI") and Tipping Fee Adjustment. The rates in paragraphs D 1-10, above, shall be automatically adjusted to reflect changes in the consumer price index and landf'dl fees. The CPI adjustment shall be made annually and such adjustment shall be effective as of the first day of July of each calendar year. The "CPI adjustment shall be equal to the amount derived by multiplying (a) the previous rate by (b) the percentage increase or decrease in the Consumer Price Index for all urban consumers within the Los Angeles-Anaheim- Riverside Metropolitan Areas during the prior calendar year, excluding the housing component. The comparison shall be made for each March 1st during the term hereof and shall be effective each July 1st. The first CPI adjustment shall occur July 1, 1992. The landfill tipping fee adjustment shall be a pro-rata pass through of any tipping fee increase, and shall be effective at the start of the first full billing period after the landfill tipping fee is adjusted. As of the effective date of these Regulations, the landfill tipping fee is $23.00. The formulas for the annual CPI and Landfill Tipping Fee Adjustments are as follows: (1) CPI Formula: (a) Exhibit "D," paragraphs 1-4: (Rate x 78%) x CPI (b) Exhibit "D," paragraphs 5-10: (Rate x 71.5% x CPI (2) Landfill Tipping Fee Formula: (a) $0.21 per $1.00/ton landfill increase times current published residential recycling (less greenwastes) diversion rate, e.g., $8.00 landfill increase with a 25% diversion rate would equal: $.21 x 8 = $1.68 x 25% = $.42 - $1.68 = $1.26 rate increase. Co) $0.91 per $1.00/ton landfill increase times current published nonresidential recycling diversion rate less greenwastes, concrete, and asphalt, e.g., $8.00 landfill increase with a 25% diversion rate would equal: $.91 x 8 = $7.28 x 25% = $1.82 - $7.28 = $5.46 rate increase. 12. Extraordinary Costs. A. In addition to, and not in lieu of, the annual CPI increase or decrease described in paragraph D 10, above, Hauler shall also be entitled to rate increases or decreases in an amount equal to Hauler's extraordinary increases or decreases in its cost of collection. Such extraordinary cost increases or decreases shall be subject to City Council approval. Since tipping fee adjustments shall be a pro-rata pass through to City, Hauler's material recovery facility or transfer station processing fees, now or later imposed, shall neither be levied on City nor added to the rates in Exhibit "D." Such extraordinary increases or decreases in its cost of collection shall include, by way of example and not by way of limitation: (1) a change in the location of the landfill or other lawful disposal sites to which the Hauler is required to transport solid waste collected hereunder; (2) levied material recovery facility host fees; and (3) changes in the local, State or Federal laws governing temporary bin/rolloff services and collection, separation, transportation, recycling, cornposting, or disposal of solid waste and construction debris. B. Hauler shall not begin to charge customers for residential recycling until the effective date of the respective recycling programs. Exhibit "E" Minimum Container Specifications Each container provided for the residential curbside program shall have a capacity of sixty (60) gallons and be constructed of rigid, durable, and recyclable materials with a minimum five (5) year life expectancy warranted by the manufacturer. Hauler shall be responsible for the replacement of container, wheels, lids, hinges, axles, and handles. The containers shall meet the following specifications in all material respects. Any deviations from the specifications shall be approved by the City Manager or designee. 1. Cart Body: Rotationally molded, first quality, Union Carbide GPEP-803-LMDPE. Certified to contain ultraviolet stabilization provided by the equivalent of .5 % of UV 531 stabilization compound. Certified to meet a minimum ESCR rating exceeding 1000 hours for both 100% and 10% Igepal solutions. 2. Cart Handle Mounts: Integrally molded part of cart body. External handle diameter, 1.375 inches. Features three comfortable and convenient gripping areas. 3. Card Lit: Rotationally molded, first quality, Union Carbide GPEP-803-LMDPE. Nominal thickness, 0.125 inches. Certified to contain ultraviolet stabilization provided by the equivalent of .5% of UV stabilization compound. Attached with hinge which rotates with no interference. Encases PVC pipe within 1/4" walls. Domed to facilitate runoff of water. Imprinted with "Instructions~ and 'Indications and Contraindications" in English and Spanish. 4. Wheel Retainers: Plastic coated steel. 5. Axles: 5/8" galvanized solid steel fully supported by cart body. No bolts or rivets used for mounting. 6. Wheels: 12 inch by 2 inch (nominal) HDPE. Minimum R.M.A. load rating of 180 pounds per wheel. 7. Safety Bar: Minimum 1.00 inch diameter, 16 gauge, galvanized steel tube. Stainless steel optional. Rotates freely on its axis to facilitate safe engagement and disengagement of dumper locking hook. Accessible for quick, clean, and easy removal and replacement from exterior of cart by maintenance personnel in the fried without use of power tools. 8. Capacity: Container volume 60 U.S. gallons. 9. Dimensions: Width: 31 inches. Fits through gates and doors. Length: 36 inches. Height: 45 lines. 10. Color: Ultraviolet stabili?ed, non-fading black, green, and blue. Special colors available. 11. Stability: Designed to prevent being turned over by winds of up to 25 mph in any direction when empty.