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Sec. 16-30. Exclusivity and exclusions thereto. (a) The city and its solid waste collection contractor have the exclusive duty, right, and privilege to collect, transport, process, recycle, divert by means of composting, mulching, and/or transforming, retaining and disposing of all solid waste accumulated, produced or generated in the city, and all solid waste placed for collection either by the city or its solid waste collection contractor shall be deemed to be the property thereof, except as otherwise provided herein. This exclusivity shall not include construction and demolition solid waste which has accumulated and/or been generated at a temporary construction site and which is being disposed of in a roll-off container(s) or in bin(s). (b) A person who generates solid waste, or who owns the premises upon which solid waste has generated or accumulated, may personally collect, transport and dispose of its own solid waste so long as it: (1) Does so in accordance with all governing laws and regulations; and, (2) Disposes of such solid waste at a site permitted by the California Department of Resources Recycling and Recovery (CalRecycle). (c) A person who generates solid waste, or who owns the premises upon which solid waste is generated or accumulated, may: (1) sell or, (2) donate its recyclable solid wastes; provided, however, that in both instances: (a) the person must, on its premises, segregate (by waste type) from other solid waste the recyclable solid waste to be sold or donated, and (b) the person may not pay the buyer or donee, or any third party, any tangible consideration, including service, consulting or other fees or discount/reduction of fees, for collecting, processing, or transporting such segregated recyclable solid wastes. A person who simply receives a discount of, or reduction in, the collection, processing or disposal service rates for solid waste shall not be deemed to be selling or donating recyclable solid wastes for purposes of this exception. At the request of the City, a person who sells or donates its recyclable waste shall provide documentation, including receipts from the person buying or receiving the donated recyclables evidencing the sale or donation, and invoices or agreements for hauling or recycling services. (d) A gardener, tree trimmer, or person engaged in landscape maintenance who has a business license to operate in the city may collect yard waste or other organic solid wastes which it generates as an incidental portion of providing its licensed services. Any yard waste or other organic solid waste collected pursuant hereto must be transported by the gardener, tree trimmer or person to a composting facility permitted by CalRecycle in accordance with all laws and regulations. (e) Any person may collect, transport, and dispose of solid waste during a period in which collection services by the city or its solid waste collection contractor are interrupted or delayed due to a labor strike or other circumstances affecting collection Ordinance No. NS-2808 Page 2 of 4