§ 5-2204. COLLECTION OF RECYCLABLE MATERIALS.

(a)

The collection of recyclable materials shall be allowed in any refuse service area subject to the provisions of this section where not otherwise controlled by the provisions of this division.

(b)

All persons or firms desiring to collect recyclable materials, utilizing containers which have uncontrolled access by the public and are located within the unincorporated areas of the County, shall possess a current valid County business license and a County recycling license specifically allowing such person or firm to collect such recyclable materials within the entire unincorporated area of the County, except that any person or firm holding either an exclusive residential collection contract or a County commercial/industrial solid waste collection license, or who is certified by the State of California, shall not be required to acquire and posses a County recycling license; however, Subsections (e), (f) and (g) of this section shall be applicable to such person or firm.

(c)

An application for a County recycling license shall be made in writing to the Director of Public Works, or Director's designee, and shall be accompanied by a cashier's check or an irrevocable letter of credit as a deposit payable to the County Solid Waste Enterprise Fund. The amount of the cashier's check or the irrevocable letter of credit shall be determined by multiplying the total number of recycling containers which have uncontrolled access by the public by one hundred dollars ($100.00), but in no event shall such deposit be less than five hundred dollars ($500.00). Such deposit shall be non-interest-bearing and shall be refunded once the person or firm discontinues collecting recyclable materials in the unincorporated areas of the County. The purpose of such deposit shall be to guarantee payment to the County to defray costs incurred by the County and to correct problems resulting from negligent or intentional acts or omissions of such licensed recycler in violation of applicable provisions of the County Ordinance Code or such recycling license. The right to use the deposit by the County to defray such costs shall be in addition to any other legal right or remedy which the County may have to correct the problem or to seek recourse and recovery against the licensee for such negligent or intentional acts or omissions.

(d)

Upon receipt of an application for a County recycling license, the Director of Public Works shall review such application to determine if the application is appropriately filed and contains the necessary attachments, including the required deposit, proof of adequate worker's compensation and casualty insurance, and county business license. If the Department of Public Works determines, based on its own review of the application, that issuance of the license is in the best interest of the County, the Department may issue such license, but it is not required to do so. Any recycling license issued shall be issued for an unlimited period, shall be revocable by the Department of Public Works, and shall not be transferable.

(e)

Each licensed recycler shall submit a collection schedule and a list of the addresses where the licensed recycler intends to locate recycling containers to the Department of Public Works Solid Waste Division prior to placement of such containers. Furthermore, the licensed recycler must provide a written notice to the Solid Waste Division whenever such recycling containers are moved from the originally reported address. Said notice shall reflect the address where the recycling containers are located. The placement of recycling containers in the public right-of-way is prohibited. Removal of recyclable materials from the containers shall be of sufficient frequency to prevent the overflow of the recycling containers. In addition, the licensed recycler shall be responsible for maintaining the area surrounding the collection containers free of debris. Furthermore, the licensed recycler must correct any and all complaints associated with the recycling containers within twenty-four (24) hours from the time he is notified by the Solid Waste Division.

(f)

All containers used by any person collecting recyclable materials pursuant to this section shall have painted on the outside of each side wall of the containers in letters not less than four inches (4″) in height and one inch (1″) in width the following information in a color contrasting to the body color:

(1)

The name and phone number of the licensed recycler;

(2)

An identification number assigned by the licensed recycler.

(g)

At the end of each calendar quarter, the licensed recycler shall provide a written summary, in addition to any other information requested by the Department of Public Works, of the total weight of each classification of recyclable materials collected during the quarter. Such summary shall be in the format prescribed by the Department of Public Works and shall be due within thirty (30) days following the end of the calendar quarter and shall be submitted to the Department of Public Works Solid Waste Division. Failure to supply the preceding information shall result in forfeiture of the licensed recycler's deposit and revocation of the recycling license.

(h)

The Department of Public Works Solid Waste Division shall be responsible for administration of the provisions of this section.

(Ord. 3661; Ord. 3977 § 7, 1998)