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ORDINANCE NS-2199 <br />Page 4 <br /> <br /> SECTION 4: That section 16-29.5 of the Santa Aha Municipal <br />Code is hereby repealed. <br /> <br /> ~ That section 16-30 of the Santa Aha Municipal <br />Code is hereby amended to read as follows: <br /> <br />Sec. 16-30. Exclusivity and exclusions thereto. <br /> <br /> (a) The city and its solid waste collection <br />contractor have the exclusive duty, right and privilege <br />to collect, transport, process, recycle, divert by means <br />of composting, mulching, and/or transforming, retaining <br />and disposing of all solid waste accumulated, produced or <br />generated in the City of Santa Ana, and all solid waste <br />placed for collection either by the city or its solid <br />waste collection contractor shall be deemed to be the <br />property thereof, except as otherwise provided herein. <br />This exclusivity shall not include construction and <br />demolition solid waste which has accumulated and/or been <br />generated at a temporary construction site and which is <br />being disposed of in a roll-off container(s). <br /> <br /> (b) Persons who generate solid waste, or persons who <br />own the premises upon which solid waste has generated or <br />accumulated, may personally collect, transport and <br />dispose of their own solid waste so long as they: (1) do <br />so in accordance with all governing laws and regulations; <br />and, (2) dispose of such solid waste at a site permitted <br />by the California Integrated Waste Management Board. <br /> <br /> (c) Persons who generate solid waste, or persons who <br />own the premises upon which solid waste has generated or <br />accumulated, may: (1) sell their recyclable solid <br />wastes, or, (2) donate their recyclable solid wastes; <br />provided, however, that in both instances: (a) the person <br />must, on its premises, personally segregate (by waste <br />type) from other solid waste the recyclable solid waste <br />to be sold or donated, and (b) the person may not pay the <br />buyer or the donee any sums, consulting fees or other <br />fees in lieu of charging for collection, or. other <br />tangible consideration for collecting, processing or <br />transporting such segregated recyclable solid wastes. A <br />person who simply receives a discount of, or reduction <br />in, the collection and disposal service rates of its <br />unsegregated solid waste shall not be deemed to be <br />selling or donating recyclable solid wastes for purposes <br />of this exception. <br /> <br /> (d) A gardener, tree trimmer or person engaged in <br />landscape maintenance who has a business license to <br />operate in the city may collect yard waste or other <br /> <br />4 <br /> <br /> <br />