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5-2200 CHAPTER 2 5-2202 COMMERCIAL AND INDUSTRIAL SOLID WASTE SOLID WASTE COLLECTION CONTRACTS COLLECTION. (a) The collection and transportation of commercial Sections: and industrial solid waste shall be open to competition 5-2200 General Requirements. and shall be allowed in any refuse, service area, subject 5-2201 Residential. Solid Waste. to the provisions of this section where not otherwise 5-2202 Commercial and Industrial Solid controlled by the provisions of this division. Waste Collection. (b) All persons desiring to collect or transport com- 5-2203 License Revocation. mercial or industrial solid waste shall possess a current 5-2204 Collection of Recyclable valid County business license and also possess a valid Materials. County commercial/industrial solid waste collection license or a valid residential solid waste collection con- 5-2200 GENERAL REQUIREMENTS. tract issued pursuant to Section 5-2201 of this chapter. Except as otherwise provided by this division, no Such license or contract shall specifically allow such person shall collect or transport solid waste within the person to collect or transport commercial or industrial unincorporated area of San Joaquin County without solid waste within the entire unincorporated area of San having first entered into a contract for solid waste collec- Joaquin County. Any such person that holds a valid tion with the County or without lawfully possessing a residential solid waste collection contract shall be exempt valid collector's license, in addition to any otherwise from the provisions of Subsection (b), other than the required business license, from the County to collect or requirement possessing a current valid County business transport solid waste. (Ord. 877; 2887; Ord. 3977 § 4, license, and Subsections (c) and (d) of this',section. An 1998) application for a commercial/industrial solid waste collec- tion license shall be made, in writing, to the Board by 5-2201 RESIDENTIAL SOLID WASTE. filing such application with the Director of Public Works (a) The Board shall establish residential refuse service and shall be accompanied by a cashier's check or an areas within the unincorporated area of the County for irrevocable letter of credit as a deposit payable to the which exclusive contracts shall be awarded for the collec- County Solid Waste Enterprise Fund in the amount of tion of residential solid waste.In any such refuse service twenty thousand dollars($20,000.00). Such deposit shall area,no person,other than the person to whom an exclu- be nonrefundable for the term of the licensed,collector's sive residential solid waste collection contract has been license, but any interest earned on such deposit shall be awarded,shall collect or transport residential solid waste remitted to the depositor on an annual basis.The purpose generated within such refuse service area. of such deposit shall be to guarantee payment to the (b) The exclusive residential solid waste collection County of the monies due and payable by such licensed contracts shall be for an initial term not to exceed eight collector to the County to defray costs incurred by the (8) years and may be extended by the Board for subse- County to correct problems resulting from negligent or quent terms.The duration of such subsequent extensions intentional acts or omissions of such licensed collector in shall be determined by the Board at the time of such violation of applicable provisions of the Ordinance Code extensions. The contracts shall contain, among other of San Joaquin County or such collector's license. Such provisions, a requirement that the maximum rates that deposit shall not limit the County's remedies,with respect may be charged by the collector for services provided to any acts or omissions of the licensed collector, which under the contract be first approved by the Board, in damage the County. accordance with existing law, after a published noticed (c) Each application for a collector's Iicense shall also public hearing. However,such approval and public hear- be accompanied by an audited financial statement of the inc, shall not be required for annual construction cost person for whom the license is sought. Such audited index adjustments required by the contract.The exclusive financial statement shall include an itemization of all residential solid waste collection contract may contain revenues and expenses of such person for the calendar such other provisions as the Board deems legally appro- year preceding the date of such application and such priate. (Ord. 877; 2887; 3228; 3440; Ord. 3977 § 5, financial statement shall have affixed thereto an opinion 1998) by a certified public accountant or a licensed public accountant that the figures presented represent a reason- (San Joaquin County 9.98) 154