§ 8-77. Permit

(a) No person shall collect any solid waste, hazardous waste or infectious waste upon, along or across any public highway in the city from any commercial, industrial or multifamily residential units, or residential units without first applying for and receiving all permits required from the city. In addition to the permit required under this article, a business license must be obtained prior to doing business within the city, and a separate vehicle permit for each and every vehicle used for collecting solid waste, hazardous waste or infectious waste and setting of containers within the city right-of-way. The permittee shall place each permit issued pursuant to this article in the lower right front window of the vehicle so that it is clearly visible from the street.

(b) The city shall develop and implement a procedure for evaluating the performance of any and all permittees operating under the provisions of this article. Permitted haulers shall submit quarterly reports to the director of public services from a state-or county-certified weighing facility documenting gross tonnage collected and net tonnage diverted except that tonnage for bins exclusively used for industrial construction or demolition may be certified and documented to the city by the permittee based on volume or other types of receipts from the receiving facility. The city reserves the right to randomly select trucks to have weighed by a state-certified facility to ensure compliance. All costs for random weight measurements will be borne by the permittee. Such a facility must have the ability to process recyclable materials in preparation for end-user markets. Failure to provide said reports within thirty (30) days will result in suspension of the permit until tonnage reporting is submitted to the director of public services. If said reports are not submitted within forty-five (45) days of the end of each quarter, the hauler's permit in effect at the time of the violation will be revoked as provided in section 8-79. Failure to meet minimum diversion rates will result in the revocation of the permit as provided in section 8-79

(c) Any person or solid waste enterprise who is issued a permit pursuant to this article shall comply with all of the regulations in this article including but not limited to the source reduction and recycling provisions of section 8-84

(d) Any person or solid waste enterprise desiring to obtain a permit to remove or convey any solid waste, hazardous waste or infectious waste upon or along any public highway within the city from any commercial, industrial or residential multifamily unit(s), or residential unit(s), shall sign and file an application with the city and pay a permit application fee established by resolution of the city council. To the extent permitted by law, the information submitted in the application shall be kept confidential.

(e) Each permit application shall be filed with the public services department and shall include the following information:

(1) The name and address of the applicant.

(2) The type of solid waste, hazardous waste or infectious waste to be collected in each of the applicable areas: Industrial commercial, multiple-family residential, and/or residential.

(3) The approximate amount of tonnage of solid waste to be collected in each of the applicable areas to be served by permittee: Industrial, commercial, multiple-family residential and/or residential.

(4) For hazardous waste and infectious waste, written proof that the person or solid waste enterprise has obtained all necessary permits from the county, State of California and federal agencies for the collection of such waste and has insurance coverage for the transport and disposal of such waste.

(5) A written source reduction and recycling plan with details and time frame for implementation on how the permittee will provide the programs to its customers as required by the City of Costa Mesa Source Reduction and Recycling Element which include but are not limited to all of the following:

a. Reduction of solid waste to maintain a fifty (50) per cent diversion rate through source reduction, recycling and composting.

b. Economic incentives to achieve the diversion rates set forth in subparagraph (5)a.

c. Technical, instructional, promotional, and educational programs to achieve the diversion rates set forth in subparagraph (5)a.

d. Composting programs to facilitate the achievement of the diversion rates set forth in subparagraph (5)a.

e. Special waste programs.

(6) Any other information or additional financial information from the permittee, including, but not limited to, the right to audit financial records, or require a performance bond, or other suitable evidence of financial responsibility, if at any time such information is found to be necessary by the city council. The permittee will provide a certified copy of the permittee's last fiscal year's financial report, audited by a certified public accountant. All financial information contained in the permit application made to the city pursuant to this article shall be deemed to be confidential and shall be retained by the city for its use and, under no circumstances, will such information be released to anyone other than the permittee without the consent of the permittee.

(7) The Costa Mesa Sanitary District ("CMSD") will continue its franchise for all single-family residential and multi-family residential receiving curbside service. No other permittee will be allowed to operate in areas governed by the CMSD.

(Ord. No. 92-31, § 2, 1-18-93; Ord. No. 93-7, §§ 1, 2, 2-16-93; Ord. No. 04-12, § 1(B), 11-15-04 )