§ 8.08.080. Ownership of solid waste—Flow control.

Ownership and the right to possession of refuse, compostables, and recyclables, placed in containers, bins or roll-offs, or placed at curbside, shall transfer directly from the customer to the franchisee, by operation of law. Franchisee's arrangements with its customers will provide that, subject to the right of the customer to claim lost property, title and the right to possession, and liability for all recyclables and all solid waste, whether or not recyclable, which is set out for collection on the regularly scheduled collection day shall pass to franchisee at the time it is set out. Subject to the provisions of this chapter and the franchise agreement, franchisee shall have the right to retain any benefit profit resulting from its right to retain, recycle, compost, dispose of, or use the refuse, compostables, recyclables and construction debris which it collects. Refuse, compostables, recyclables and construction debris, or any part thereof which is disposed of at a disposal site or sites (whether landfill, transformation facility, compost facility or material recovery facility) shall become the property of the owner or operator of the disposal site or sites once deposited there by franchisee.

However, franchisor, at its sole option, shall retain the right to require franchisee which transformation facility, compost facility, material recovery facility or landfill shall be used by franchisee to retain, recycle, compost, process and dispose of solid waste and construction debris generated within the franchise area to assure conformance with the California Integrated Waste Management Action of 1989. Nothing herein shall be construed as prohibiting a generator from recycling his, her or its own recyclable material through another program.

(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)