ORDINANCE 1669ORDINANCE NO. 1669
AN ORDINANCE AMENDING TITLE 5, CHAPTER 2 OF THE EL
SEGUNDO MUNICIPAL CODE TO PROVIDE FOR THE FRANCHISING
OF COMMERCIAL/MULTI-FAMILY SOLID WASTE, RECYCLABLES,
AND ORGANICS COLLECTION AND TRANSPORTATION SERVICES,
REMOVING PROVISIONS AUTHORIZING THE ISSUANCE OF
COMMERCIAL/MULTI-FAMILY SOLID WASTE COLLECTION AND
TRANSPORTATION PERMITS, AND ADDING PROVISIONS FOR THE
PERMITTING OF TEMPORARY ROLL-OFF/BIN SERVICE PROVIDERS
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. The El Segundo Municipal Code ("ESMC") authorizes the City Council to
determine the methods by which the city manages and regulates the storage, collection,
transportation, processing, and disposal of solid waste. The City Council may choose to
regulate through contract, permit, franchise (exclusive or non-exclusive), or another
method.
B. Currently, residential waste management services are provided pursuant to
an exclusive franchise agreement. Commercial/multi-family waste management service
providers, on the other hand, are authorized through a permitting system. At present,
there are nine companies permitted to provide commercial waste management services
to the approximately 610 retail/industrial accounts and 440 multi -family accounts in the
city.
C. The ESMC currently requires the Public Works Director to issue a permit
unless (i) the application is incomplete or inaccurate, (ii) the applicant has had a solid
waste collection permit revoked within the prior 12 months, (iii) the applicant has failed to
pay an outstanding fine, or (iv) the Public Works Director determines that a vehicle
proposed to be used in the collection and transport of solid waste pursuant to the permit
does not conform to the required minimum standards. Aside from relatively minimum
vehicle standards (i.e., the vehicles must prominently display the name of the service
provider and must be designed, constructed, and configured to safely and securely collect
and transport solid waste), there are no substantive qualifications required to obtain a
permit.
D. In recent years, state regulation of solid waste management has increased
markedly. Failure to achieve and maintain compliance with applicable state laws and
regulations can subject the city to significant fines and potentially result in adverse
environmental consequences. Consequently, it is becoming increasingly important to
ensure that solid waste service providers have the demonstrated ability and expertise
necessary to ensure compliance with the myriad laws and regulations. For these
reasons, the Council finds it is in the city's best interest to transition from a permit -based
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system to a franchise -based model that will allow for greater oversight and accountability.
The franchise model allows the city to choose from among a range of service providers
with established qualifications and expertise, while also affording the advantage of
comprehensive franchise agreements that, among other things, detail the provider's
duties and obligations, require insurance and indemnity guarantees recommended by the
city's risk manager and the City Attorney, and spell out agreed -upon fine amounts
(liquidated damages) for various violations or the failure to meet specified requirements.
E. In addition to the exclusive franchisee for residential solid waste and
recycling services and the non-exclusive franchisees for commercial/multi-family solid
waste and recycling services contemplated under this Ordinance, the City Council wishes
to maintain a permitting system for qualified providers of temporary roll-off/bin services
throughout the City.
SECTION 2: Environmental Assessment. Based on the findings in Section 1 and the
evidence in the record as a whole, the City Council finds that the Ordinance is exempt
from the California Environmental Quality Act ("CEQA") (Pub. Resources Code, § 21000
et seq.) pursuant to CEQA Guidelines § 15308 (Actions Taken for Protection of the
Environment) because it consists only of modifications to the city's regulatory process for
authorizing the provision of solid waste collection and transportation services and is being
undertaken to ensure the highest possible quality of services and to ensure compliance
with myriad state laws and regulations regarding the provision of such services.
Furthermore, the Ordinance is exempt from CEQA pursuant to section 15061(b)(3) of the
Guidelines, because it consists only of regulatory changes with respect to how solid waste
service providers may be authorized to provide services within the city, and, therefore, it
can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment.
SECTION 3: Section 5-2-1 (Definitions) of the ESMC is amended to add the following
definitions thereto:
"BIN: A metal container commonly referred to as a dumpster that is usually one to
four cubic yards in size and often equipped with a lid."
"ROLL -OFF: An open -top metal container with a container capacity up to 40 cubic
yards, which is designed to be pulled onto a roll -off vehicle. Roll -offs are also
sometimes known and referred to as roll -off boxes, drop boxes, or debris boxes."
"TEMPORARY ROLL-OFF/BIN SERVICE: A temporary service provided for the
purpose of collecting construction and demolition debris and other waste
generated during temporary project activities including construction, demolition,
and/or clean-up services. Temporary roll-off/bin service may be provided in
connection with other temporary project activities only with the prior permission of
the Public Works Director."
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SECTION 4: Subsection (A) of ESMC section 5-2-3 (Solid Wate Collection; Collection
and Processing of Organics and Recyclables—Residential) is amended to read as
follows:
"A. Mandatory Arrangements for Collection and Removal: The owner or occupant
of each residential premises is required to contract with the City's franchisee for
the regular removal of all solid waste, organics, and recyclables accumulated on
such premises and must pay for such removal at the rates established by the City
Council. In the event the owner elects to have the occupant of its premises take
responsibility for contracting with the franchisee for collection service and the
occupant fails to make arrangements for collection or fails to pay for collection
services provided by the franchisee, the responsibility to contract and pay for
collection services shall become the owner's responsibility. No owner or occupant
of a residential premises shall employ another, other than the franchisee, for the
regular collection of solid waste, organics or recyclables generated on the
residential premises. No owner or occupant of a residential premises shall enter
into any agreement whatsoever for the provision of temporary roll-off/bin service
by a person that is not the holder of a valid temporary roll-off/bin service permit
issued by the City. No owner or occupant of a residential premises may employ a
temporary roll-off/bin service permittee for the regular collection of solid waste,
organics, or recyclables. For purposes of this section, "residential premises" refers
to one- and two-family dwelling units. If a property contains both commercial and
residential premises, the owner or occupant of the residential component of the
premises must independently contract with the franchisee for the collection and
removal of solid waste, organics, and recyclables in accordance with this chapter."
SECTION 5: Subsection (A) of ESMC section 5-2-6 (Unlawful Collection) is hereby
amended to read as follows:
"A. Except as expressly provided in this section, it is unlawful for any person to
collect or transport solid waste, recyclables, or organics within the City unless such
person is a franchisee or holds a valid temporary roll-off/bin service permit issued
by the City. If recyclables are hauled by other than the franchisee, the City may
require the generator to provide an affidavit demonstrating that no additional fees
relating to the collection of recyclables have been charged."
SECTION 6: Subsection (B) of ESMC section 5-2-6 (Unlawful Collection) is hereby
amended to read as follows:
"B. Unless the collection and transportation are exempted under this section, it is
unlawful for any person to permit, allow or enter into any agreement whatsoever
for the regular collection or transportation of solid waste, organics or recyclables
with any person who is not a City franchisee. Furthermore, it is unlawful for any
person to permit, allow or enter into any agreement whatsoever for the provision
of temporary roll-off/bin services by a person that is not the holder of a valid
temporary roll-off/bin service permit issued by the City."
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SECTION 7: ESMC section 5-2-14 is hereby amended in its entirety to read as follows:
"5-2-14: SOLID WASTE COLLECTION; COLLECTION AND PROCESSING OF
ORGANICS AND RECYCLABLES - COMMERCIAL AND MULTI -FAMILY:
A. Mandatory Arrangements for Collection and Removal: The owner or
occupant of each commercial and multi -family premises is required to make
arrangements for the regular removal of all solid waste, organics, and recyclables
accumulated on such premises. Effective April 1, 2025, no owner or occupant of a
commercial or multi -family premises shall employ another, other than a City
franchisee, to collect solid waste, organics or recyclables generated on the
premises. No owner or occupant of a commercial or multi -family premises may
employ a temporary roll-off/bin service permittee for the regular collection of solid
waste, organics, or recyclables. For purposes of this section, "multi- family
premises" refers to a building containing three or more dwelling units designed or
arranged for occupancy by three or more households living independently in which
they may or may not share common entrances and/or other spaces. If a property
contains both commercial and multi -family residential premises, the owners or
occupants of the residential component of the premises must independently
contract with a franchisee for the regular collection and removal of solid waste,
organics, and recyclables in accordance with this chapter.
B. Mandatory Arrangements for Bulky Item Pickup —Multi -Family Premises:
The owner, manager, or association in charge of each multi -family premises is
required to make arrangements for the pickup, on an as -needed basis, of bulky
items that are discarded on the premises. Said arrangements must be made with
a City franchisee and within one business day of the bulky item(s) having been
discarded/abandoned on the premises."
SECTION 8: ESMC section 5-2-15 is hereby amended in its entirety to read as follows:
"5-2-15: COMMERCIAL AND MULTI -FAMILY SOLID WASTE COLLECTION
AND TRANSPORTATION SERVICES:
A. Franchise Required: Effective April 1, 2025, no person shall collect solid
waste from any commercial or multi -family premises in the City and transport it
over the public streets or highways unless such person is a City franchise, the
holder of a valid temporary roll-off/bin service permit issued by the City, or an
exemption set forth in this section applies. For purposes of this section, and unless
otherwise specified, "multi -family premises" refers to a building containing three or
more dwelling units designed or arranged for occupancy by three or more
households living independently in which they may or may not share common
entrances and/or other spaces.
B. Exemptions: The requirement to obtain a franchise or temporary roll-off/bin
service permit under this section does not apply to any of the following:
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1. The collection and transport of solid waste by the owner or occupant of the
real property where the solid waste was generated.
2. The collection and transport of solid waste that is generated on real
property in the course of a service provided to the owner or tenant of that property
by a building contractor or landscape contractor, if the solid waste is collected and
transported by the contractor.
3. The collection and transport of solid waste under a valid Federal or State
permit if the Federal or State permit requirement preempts the franchise or
temporary roll-off/bin service permit requirement under this section.
4. The collection and transport of solid waste generated at a publicly operated
wastewater treatment facility.
5. Disposal of large, bulky or heavy items that are not a byproduct of materials
generated by a business or tenant or are not customarily part of the property's solid
waste generation.
C. Vehicle Inspections; Standards:
1. All vehicles proposed to be used for collection and transport of solid waste
pursuant to a City franchise or a City -issued temporary roll-off/bin service permit
must be made available for inspection by the Public Works Director or his/her
designee at a location within the City determined by the Public Works Director. The
vehicle must be made available for inspection within two business days of the
inspection request and at a location designated by the Public Works Director.
2. All vehicles proposed to be used for collection and transport of solid waste
pursuant to the franchise or the temporary roll-off/bin service permit must comply
with the following minimum standards:
a. The vehicle must be designed, constructed, and configured for safe
handling and to securely contain the type of solid waste proposed to be collected;
and
b. The vehicle must be prominently marked with the name and telephone
number of the franchisee/permitee.
D. Temporary Roll-Off/Bin Service Permits —Application: A person may apply
for a temporary roll-off/bin service permit by submitting an application to the Public
Works Department and paying an application fee established by resolution of the
City Council. The application must be made using a form approved by the Public
Works Director and include all of the following:
1. The full legal name, address and telephone number(s) of the applicant. If
the applicant is a sole proprietor who will operate under a fictitious business name,
the applicant must provide a copy of a valid fictitious business name statement for
the business. If the applicant is a business entity, the applicant must provide written
documentation that the entity may lawfully conduct business in the City.
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2. Identification of all vehicles proposed to be used in the collection and
transport of solid waste under the permit, including legible copies of valid California
registration cards for each vehicle. The Public Works Director may require
inspection of any such vehicles prior to issuing a permit or at any time during the
life of the permit.
3. Proof of possession of a valid motor carrier identification number in good
standing issued under California Vehicle Code section 34507.5, if applicable.
4. Identification of the facilities to which the collected waste will be
transported.
E. Issuance of Temporary Roll-Off/Bin Service Permit; Grounds for Denial:
1. After receipt of an application, payment of a permit fee established by the
City Council by resolution, and a valid certificate of liability insurance issued to the
applicant that conforms to the coverage requirement set forth in this section, the
Public Works Director shall issue a temporary roll-off/bin service permit to the
applicant unless any of the following grounds for denial exists:
a. The application is incomplete or inaccurate.
b. A permit issued to the applicant under this section has been revoked
within 12 months prior to the date of application.
c. The applicant has failed to pay an outstanding fine.
d. The Public Works Director determines that a vehicle proposed to be used
in the collection and transport of solid waste pursuant to the permit does not
conform to the minimum standards set forth in this section.
2. The Public Works Director shall provide written notice to the applicant of
any denial of a permit under this section and the reasons for the denial.
3. A permit issued pursuant to this section will include, without limitation:
a. The name of the permittee.
b. A list of all vehicles, by license plates and vehicle identification numbers,
that may be used pursuant to the permit.
c. The effective and expiration dates of the permit. Each permit will be
issued for a 12-month period and may be renewed annually provided there are no
grounds for denial pursuant to this section.
F. Permit Conditions; Responsibilities of Permittees: The following
conditions/responsibilities apply to all temporary roll-off/bin service permittees:
1. The permittee must comply with all applicable laws and regulations.
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2. A copy of the permit must be kept in each vehicle used for solid waste
collection and transportation under the permit and produced upon request by any
peace officer.
3. Each motorized vehicle used for solid waste collection or transportation
under the permit must be marked with the name and telephone number of the
permittee. Markings must be in sharp contrast to the background and of such size
as to be readily visible during daylight hours from a distance of 50 feet. Markings
must be applied to each sidewall of the motorized vehicle.
4. Each vehicle used for solid waste collection or transportation under the
permit must be regularly maintained and cleaned. Each vehicle must be made
available for inspection by the Public Works Director or his/her designee at a
location within the City. The vehicle must be made available for inspection within
two business days of the inspection request.
5. Each vehicle used for solid waste collection and transportation under the
permit must carry proof of liability insurance coverage in the amounts required by
this section.
6. Each bin or roll -off that is used by the permittee in the course of operations
under the permit must be marked with the name and telephone number of the
permittee. All bins and roll -offs must be maintained in a clean and safe condition.
7. The permittee must bill each customer directly for all services provided.
8. A permittee may not place any portion of a roll -off or bin within any portion
of any public right-of-way unless an encroachment permit has been issued by the
City to the customer or to the permittee authorizing placement of the roll -off or bin
within the right-of-way.
9. Permittee must ensure that a minimum of 65% of non -hazardous
construction and demolition debris collected must be recycled, reused, or salvaged
for reuse in accordance with SB 1383 and its implementing regulations. Any waste
collected that is not construction and demolition debris is subject to the minimum
diversion requirements set forth in this Code and state law, whichever is stricter.
10. A permittee may provide temporary roll-off/bin service only for the following
temporary, project -type activities: construction, demolition, and/or clean-up. A
permittee may not provide temporary roll-off/bin service to any customer for any
other purpose without the prior approval of the Public Works Director or his/her
designee.
11. All waste collected by the permittee must be hauled by permittee to a state -
or county -certified facility that is not on the City's list of prohibited facilities. The
most current list of prohibited facilities may be obtained from the Public Works
Director.
12. The permittee must maintain, on a rolling basis, original records showing,
for the immediately preceding 12 months, the type and weight of all solid waste
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collected (categorized by project type as represented by the customer—i.e.,
construction, demolition, and/or clean-up), the location where each load of waste
was collected, the final destination of each load collected (name of certified facility),
and the quantity of collected waste (by weight and percentage) that has been
diverted from landfills. Copies of these records must be submitted to the Public
Works Director upon request.
13. The permittee must submit quarterly reports to the Public Works Director
stating the total number of customers serviced, categorized by project type
(construction, demolition, and/or clean-up); the customer list of
premises/businesses from which waste was collected; the level of service provided
to each customer, including type and weight of solid waste collected, the number
and size of containers used, the frequency of service (number of times the
container was serviced during the temporary project), the final destination of each
container of waste collected, and the quantity of collected waste (by weight and
percentage) that has been diverted from landfills. All such reports must be
submitted on a form approved by the Public Works Director.
G. Insurance Requirements: At all times while doing business in the City, each
permittee must have and maintain commercial general liability insurance with
coverage at least as broad as Insurance Services Offices form CG 00 01 and with
limits no less than one million dollars ($1,000,000.00) per occurrence and one
million dollars ($1,000,000.00) in the aggregate. Prior to providing any temporary
roll-off/bin services in the City, Permittee must provide certificates and required
endorsements to the City as evidence of the insurance coverage required herein.
The City of El Segundo, its elected and appointed officers, officials, agents,
employees, and volunteers must be listed as additionally insured. Permittee's
insurance coverage must be primary insurance and/or primary source of recovery
with respect to City, its elected and appointed officers, agents, officials, employees,
and volunteers with respect to all claims, losses or liability arising directly or
indirectly from the Permittee's operations or services provided in the City.
H. Revocation:
1. Grounds For Revocation: A permit issued pursuant to this section may be
revoked by the Public Works Director in accordance with the procedures set forth
herein if the Public Works Director determines that:
a. The permittee has failed to comply with a term or condition of operation
under the permit;
b. The permittee's conduct under the permit constitutes a nuisance; or
c. During the permit period, the permittee collected and transported solid
waste that another person had an exclusive right or privilege to collect and
transport pursuant to a valid franchise agreement.
2. Notice: The Public Works Director will provide written notice of intent to
revoke a permit to the permittee at the address provided on the permittee's
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application. The notice will state all applicable grounds for the revocation and the
permittee's right to a hearing under this section.
3. Hearing: Within 15 calendar days after the date of the notice of intent to
revoke, the permittee may request a hearing before the Public Works Director by
completing and submitting a written hearing request form. The hearing will be set
for a date no sooner than 20 days and no later than 45 days following the date of
the written request for hearing.
4. Effective Date: If no hearing is timely requested, the revocation is effective
15 days after the date of the notice of intent to revoke. If a hearing is held, the
Public Works Director shall issue a written decision within ten days of the hearing.
Notice of the written decision shall be provided to the permittee by regular mail at
the address indicated on the permit and the notice shall be effective two business
days after it is deposited in the United States mail. The decision of the Public Works
Director will become effective when the time to appeal to the City Council expires,
unless an appeal to the City Council is timely filed.
5. Appeal of Revocation to the City Council: Any permittee whose permit is
revoked under this section shall have the right, within ten calendar days after notice
of the Public Works Director's decision is provided, to file a written appeal to the
City Council. Any such appeal must be made on a form provided by the Public
Works Director and must set forth the specific ground or grounds on which it is
based. The City Council shall hold a hearing on the appeal within 45 days after its
receipt by the City, or at a time thereafter agreed upon, and shall cause the
appellant to be given at least ten days' written notice of such hearing. At the
hearing, the appellant or its authorized representative will have the right to present
evidence and a written or oral argument, or both, in support of its appeal. The
determination of the City Council on the appeal shall be final.
J. Prohibitions:
1. No person shall engage the service of a person for compensation to collect
solid waste from any commercial or multi -family premises in the City and transport
it over a public street or highway in the City unless the person whose service is
engaged is a City franchisee, holds a valid temporary roll-off/bin service permit
issued by the City, or is exempt from the permit requirement.
2. Unless specifically exempt from both the franchise and temporary roll-
off/bin service permit requirements pursuant to this section, no person shall collect
solid waste from any commercial or multi -family premises in the City and transport
it over a public street or highway in the City without a City franchise or temporary
roll-off/bin service permit.
3. No person subject to the franchise or temporary roll-off/bin service permit
requirement in this section shall transport solid waste to any location other than:
a. A solid waste facility that is lawfully operated under all required State and
local permits, registrations, and enforcement agency notifications;
ORDINANCE NO. 1669
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b. A recycling facility that, as its principal function, receives wastes that
have already been separated for recycling and are not intended for disposal, and
is lawfully operated in accordance with all applicable laws and regulations; or
c. An organics recycling facility that is lawfully operated in accordance with
all applicable laws and regulations."
SECTION 9: Electronic Signatures. This Ordinance may be executed with electronic
signatures in accordance with Government Code § 16.5. Such electronic signatures will
be treated in all respects as having the same effect as an original signature.
SECTION 10: Construction. This Ordinance must be broadly construed to achieve the
purposes stated in this Ordinance. It is the City Council's intent that the provisions of this
Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 11: Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 12: Effect of Repeal. Repeal of any provision of the El Segundo Municipal
Code does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this Ordinance's
effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 13: Recordation. The City Clerk, or designee, is directed to certify the passage
and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book
of original ordinances; make a note of the passage and adoption in the records of this
meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 14: Effective Date. This Ordinance will become effective 30 days following its
passage and adoption.
PASSED AND ADOPTED this 4th day of March, 2025,
ATEST:r
Susan Truax, City Clerk
Chris Pimentel, Mayor
EN
Mark D. Oensley, CipfiAttorney
ORDINANCE NO. 1669
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CERTIFICATION
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
I, Susan Truax, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1669 was duly introduced by said City Council at a regular meeting held
on the 18t" day of February 2025, and was duly passed and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular
meeting of said Council held on the 4th day of March, 2025, and the same was so passed
and adopted by the following vote:
AYES: Mayor Pimentel, Mayor Pro Tern Baldino, Council Member Boyles,
Council Member Giroux and Council Member Keldorf
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 4t day of March, 2025.
f+f f�k
Susan rua , City Clerk
of the City of El Segundo,
California
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