§ 8.61.040. Exemptions.

The provisions of this chapter shall not apply to:

A.

The city or any person employed by the city, except that the city shall pay the nonexclusive franchise fees specified in Section 8.61.160 for all of its collections from commercial units and multiple family residential units containing 5 or more units;

B.

Persons or their employees hauling solid waste, as an incidental part of their own work under a valid building or demolition permit, but not as a separately contracted disposal or hauling service, and that is transported by a fixed bed vehicle, and not by bins, and disposed of at an MRF or at a diversion facility and not at a landfill;

C.

Persons hauling source separated recyclables who operate with one vehicle and without established route and billing system;

D.

Persons operating a small collection facility and/or recycling center, as defined in subsection A of Section 17.64.300 of this code, or any successor provision, to which customers themselves deliver solid waste in exchange for cash or other consideration;

E.

Self haulers as defined in of Section 8.61.010 of this chapter;

F.

Persons who operate without established route and without bins providing clean out services of personal property from residential structures, not involving construction or demolition;

G.

Persons hauling strictly inert debris, a category of waste that includes concrete (including fiberglass or steel reinforcing bar embedded in the concrete), fully cured asphalt, glass, fiberglass, asphalt or fiberglass roofing shingles, brick, rock, sand, soil, slag, ceramics, plaster, clay and clay products, and may include other items as described by 14 California Code of Regulations, Section 17381;

H.

Persons removing and hauling strictly tree trimmings, plant trimmings and grass trimmings;

I.

Persons removing and hauling strictly scrap metal;

J.

Persons removing and hauling roofing material;

K.

Persons removing and hauling strictly paper material to be shredded;

L.

Persons hauling solid waste generated by persons or entities if imposition of a franchise fee on those persons or entities would be in violation of a federal or California Statute, the Constitution of the United States or the Constitution of the State of California as to solid waste generated by those persons or entities, only;

M.

Persons collecting, transporting or disposing of hazardous wastes regulated by federal or state law when engaged in that activity; or

N.

Persons under contract with the city for recycling services provided to single-family residential units and multi-family residential units containing 4 or less family residential units when engaged in that activity.

(Ord. 6916 § 12, 2002: Ord. 6510 § 2 (part), 1992)

(Ord. No. 7154, § 5, 11-24-2008; Ord. No. 7264, § 15, 7-20-2015)