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Ordinance No. NS-XXX <br />Page 16 of 42 <br /> <br /> (b) A person who generates solid waste, or who owns the premises upon which <br />solid waste has generated or accumulated, may personally collect, transport and dispose <br />of its own solid waste so long as it: <br /> <br /> (1) Does so in accordance with all governing laws and regulations, and <br /> <br /> (2) Does so in accordance with the self-hauler requirements in section <br />16-38.5. <br /> <br /> (3) Disposes of such solid waste at a site permitted by the California <br />Department of Resources Recycling and Recovery (CalRecycle), as described in section <br />16-38.5. <br /> <br /> (c) A person who generates solid waste, or who owns the premises upon which <br />solid waste is generated or accumulated, may: (1) sell or, (2) donate its source separated <br />recyclable materials and/or organic waste; provided, however, that in both instances: (A) <br />the person must, on its premises, segregate from other solid waste the source separated <br />recyclable materials and/or organic waste to be sold or donated, and (B) the person may <br />not pay the buyer or donee, or any third party, any tangible consideration, including <br />service, consulting or other fees or discount/reduction of fees, for collecting, processing, <br />or transporting such source separated recyclable materials and/or organic waste. A <br />person who simply receives a discount of, or reduction in, the collection, processing or <br />disposal service rates for solid waste shall not be deemed to be selling or donating source <br />separated recyclable materials and/or organic waste for purposes of this exception. At <br />the request of the city, a person who sells or donates its source separated recyclable <br />materials and/or organic waste shall provide documentation, including receipts from the <br />person buying or receiving the donated source separated recyclable materials and/or <br />organic waste evidencing the sale or donation, and invoices or agreements for hauling or <br />recycling services. <br /> <br /> (d) A gardener, tree trimmer, or person engaged in landscape maintenance <br />who has a business license to operate in the city may collect yard waste which it <br />generates as an incidental portion of providing its licensed services. Any yard waste <br />collected pursuant hereto must be transported by the gardener, tree trimmer or person to <br />a facility permitted by CalRecycle in accordance with all laws and regulations. <br /> <br /> (e) Any person may collect, transport, and dispose of solid waste during a <br />period in which collection services by the city or its solid waste collection contractor are <br />interrupted or delayed due to a labor strike or other circumstances affecting collection <br />services throughout the city, provided such persons comply with any and all directives of <br />the executive director. <br /> <br /> (f) Effective July 1, 2022, any solid waste collection contractor, other than the <br />city’s exclusive solid waste collection contractor as of that date, who may be entitled to <br />continue services beyond that date pursuant to Public Resources Code section 49520