Construction Demolition & Industrial Waste Hauling

Pursuant to Stockton Municipal Code (SMC) 8.04.240, it is unlawful for any person, firm, corporation, or association to collect garbage, rubbish, waste matter, commercial solid waste, or industrial waste within the City of Stockton, or transport the same through the city's streets, alleys and public ways, unless such person, firm, corporation or association has been authorized to do so by the City of Stockton by contract, permit or otherwise.

According to SMC 8.04.290, it is unlawful for any person, firm or corporation to collect and dispose of industrial waste within the City of Stockton as an industrial waste collector without first having received a permit to do so. Such permit must be issued upon majority vote of the City Council and includes a fee of $100,000. The Industrial Waste Collector Permit is not transferable to another person, firm or corporation, and in the case of corporations the permit shall become void whenever a transfer occurs in the majority interest of the corporation.

Industrial Waste Collector Permits issued prior to May 30, 2009, expired on May 31, 2009, but may be renewed up to two (2) additional times for a period not to exceed five years each. All permits shall expire on May 30, 2019.

 

In addition to the initial permit fee, SMC 8.04.300 requires that permitted industrial waste collectors pay the City of Stockton 18.5% of their gross revenue collected for performing industrial waste collection services, plus 5% of their gross revenue for AB 939 fees. On or before the 15th day of each month, the permitted industrial waste collector will submit a statement of gross revenues collected, together with all applicable payments, to the City's Administrative Services Department. The statements must separately show gross revenue from the sale of reclaimed refuse for the preceding month. A 5% penalty will apply to a delinquent payment for the first month, and a 1% penalty will be added for each succeeding month thereafter until the delinquent balance is paid in full.

In accordance with SMC 8.04.310 through 8.04.340, permitted industrial waste collectors have to divert at least 50% of all materials collected for disposal. Every permitted industrial waste collector will provide a quarterly report to the City that includes total tons disposed and total tons diverted through provision of the industrial waste collection services in the City of Stockton. Quarterly reports must be provided on forms provided by the Public Works Solid Waste & Recycling Division and include information about the facilities used to dispose and number and types of accounts served by the collector.

Quarterly reports to the City shall be due on the 15th day of the month following the previous calendar quarter. Annually, the permitted industrial waste collector shall provide the City with a minimum of 15 copies of its annual financial statements, which must be prepared by an independent certified or public accountant. The statements must be prepared in conformance with accepted accounting principles, and shall be provided to the City within 120 days after the close of the collector's fiscal year. The financial statements must clearly indicate the industrial waste collector's activities within the City and not reflect any other business activities that are carried on by the collector in any other area or jurisdiction other than the City of Stockton. The City reserves the right to request any additional documentation, itemization or detail as requested, to verify any amounts reported in monthly revenue reports and annual financial statements. Failure to provide reports or records as required by this Permit shall be cause for revocation of the Industrial & Commercial Waste Permit.

In addition to the requirements and reports, every permitted industrial waste collector must ensure that:

• Every vehicle used for the collection of industrial waste must have a metal-lined body and be covered or operated so as to prevent the contents from falling, spilling, leaking, blowing or dripping there from.

• Any containers (such as cubic yard bins or roll-off boxes) that are provided to customers for the collection of commercial/industrial recyclable material shall be labeled with the name and phone number of the Industrial & Commercial Waste Collector.

According to Stockton Municipal Code 8.28.050, only industrial waste collectors that have obtained a permit from the City of Stockton may collect and transport construction and demolition debris from a project site to a disposal or processing facility. A construction contractor or subcontractor or landscape contractor may self-haul, and recycle or dispose of debris from a construction or demolition or landscaping site at which the contractor is performing work, provided that the contractor utilizes its own personnel and equipment and transports debris while performing its own work. Any debris collected on site through general clean-up operations, whether periodically or at the completion of a project, may not be transported and disposed by a third party, unless that third party has secured a necessary solid waste hauling permit from the City (and is therefore registered as an Industrial Waste Collector or a Commercial Recyclable Material Collector). The City will provide a list of all Industrial Waste Collectors and Commercial Recyclable Material Collectors authorized to collect Construction and Demolition Debris from project sites within the City when it issues the C&D Permit Packet for the project.

Throughout the life of this Permit, the industrial waste collector must pay for and maintain in full force and effect with an insurance company(s), admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A: VII" in Best Insurance Key Rating Guide, the following policies of insurance:

Workers' Compensation Insurance
Each collector shall at all times provide, at its own expense, Workers' Compensation Insurance coverage for all its employees. Each collector shall file and maintain a certificate or certificates with the City Risk Manager showing said insurance to be in full force and effect at all times that the collector conducts collection in the City.

Collector's Liability Insurance
Each collector shall furnish the City a policy or certificate of comprehensive general and automobile liability insurance insuring the collector against bodily injury, property damage and automobile liability in the sum of not less than $1,000,000 single combined limit. Such insurance shall be primary and not excess, shall be procured from an insurer authorized to do business in the State of California, shall name the City of Stockton and its officers, employees and agents as additional insureds and shall not be cancelled or modified without first giving the City thirty (30) days prior written notice. All specifics of the above insurance requirements shall be based on the current policies and insurance requirements as provided by City of Stockton Risk Services.