§ 5-5.118. Removal of Solid Waste by Producers.

Notwithstanding the provisions of Section 5-5.117:

(a)

Any person may remove or may cause to be removed from premises occupied by that person or under their control, all solid waste created or produced on such premises if all of the following conditions have been met or will be complied with:

(1)

Removal shall be made only by the owner or occupant personally, or by employees of such owner or occupant.

(2)

All vehicles used in carrying out removal shall be owned by or under the exclusive control of the owner or occupant, and such vehicles and activities shall meet all the requirements of this chapter and all other laws and ordinances of the State of California and the City relating to solid waste disposal.

(3)

Persons removing solid waste in excess of normal annual residential volume (defined herein as three thousand (3,000) pounds per year) shall comply with the following additional requirements:

(i)

No waste shall be permitted to leak, blow, litter or fall from any vehicle engaged in such removal.

(ii)

All removal shall be done safely and quietly with due regard to the property of others.

(iii)

No person shall remove solid waste from any location within two hundred (200) feet of a public or private elementary, junior high, or high school, where such school is shown on an official map of the City, as designated by the Public Works Director, during the forty-five (45) minutes before the commencement of the regular school day and forty-five (45) minutes following the conclusion of the regular school day, where such locations are accessible to and used by children as routes to or from school.

(iv)

Persons engaged in solid waste removal pursuant to these requirements shall be responsible for any damage in excess of normal wear and tear to the City's driving surfaces, whether or not paved, resulting from the illegal weight of, or any leakage or spillage of oils, fluids or solids by vehicles used in such solid waste removal.

(v)

Vehicles used shall comply with CHP and D.O.T. regulations, and shall be thoroughly washed and disinfected inside the collection body following each use.

(vi)

No driver shall operate a vehicle as in subsection (b)(3)(v) of this section, without a valid and appropriate driver's license.

(vii)

All vehicles as in subsection (b)(3)(v) of this section shall be clearly identified with the name and local telephone number of its operator affixed thereto.

(viii)

Garbage shall be disposed of at a permitted transfer facility or at the Fink Road Sanitary Landfill. If disposed of outside of Stanislaus County, the county where disposal occurs shall have an export agreement with the City of Modesto.

(ix)

Small green waste shall be separated from garbage and taken to a permitted composting facility or such other locations as directed by the Public Works Director.

(x)

Insurance requirements as specified from time to time by the City's Risk Manager shall be complied with.

(4)

A cash security deposit shall be deposited with the City in an amount set from time to time by Council resolution, to ensure prompt removal of solid waste in the event it is not removed from the premises on a regular weekly basis by a noncustomer owner or person in control of the premises. A security deposit shall be made for each separate residential property or business location owned or controlled by a noncustomer, based on the frequency and volume of past collection. Events requiring City to use a noncustomer's deposit for solid waste removal shall be treated as a public nuisance subject to immediate abatement and charged to such noncustomer. Conduct requiring City to expend noncustomer deposit moneys shall constitute a misdemeanor.

(5)

Persons engaged in solid waste removal shall procure and retain a receipt from a permitted solid waste facility for each week they remain a noncustomer of a collector and display all such receipts for the preceding one-quarter (¼) calendar year upon reasonable request by appropriate City authority. Failure to show proof of solid waste disposal for each week that a person is a noncustomer shall constitute a public health and safety risk sufficient to permit City to administratively require such person to become a customer.

(b)

Any producer of industrial garbage or swill, or their employees, may transport the same upon or through any street or public place of the City for disposal at a permitted disposal facility or site.

(c)

It shall be unlawful for any person acting as an employee of a producer of industrial garbage or swill to collect or transport such industrial garbage or swill from more than one (1) industrial producer thereof.

(d)

Any person engaged in the business of gardening or tree trimming, or building demolition, or construction cleanup work, including both yards and building interiors, is authorized to remove small green waste, rubbish or salvageable waste produced as an incident to such business. It shall be unlawful to dispose of small green waste, organic waste and recyclable waste. These materials shall be taken to an approved recycling or compost facility unless otherwise approved by the Public Works Director.

(Formerly 5-5.17, Ord. 30-C.S., amended by Ord. 1095-C.S., Ord. 1196-C.S., Ord. 3018-C.S., § 1, Ord. 3067-C.S., § 1, Ord. 3129-C.S., § 3, Ord. 3365-C.S., § 2, and Ord. 3396-C.S., § 1, formerly 5-5.18, amended by Ord. 3471-C.S., § 1)

(Ord. 3634-C.S., § 1, effective 10-1-15)