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Att 2 - Proposed Amendment to Section 3.2, Exceptions

Atherton City Council
October 15, 2025

Document
Att 2 - Proposed Amendment to Section 3.2, Exceptions
Meeting
October 15, 2025
Body
Atherton City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on atherton.primegov.com. That file is the official record.

3.2 Exceptions - The exclusive franchise granted to Franchisee to perform collection services does not extend to any of the following, and Town expressly reserves the right to allow other service providers, by contract or otherwise, to perform any or all of the following in Town:

A. Collection and processing of any recyclable materials not specifically included in the definition of Recyclable Materials, which have value equal to or more than the cost of collection, including scrap wood, individual pieces of scrap metal weighing more than forty (40) pounds, and other Recyclable Materials. Other persons or service providers shall maintain the right to pay Service Recipients for source separated Recyclable Materials and Service Recipients may receive compensation for such materials; however, other persons or service providers may not receive payment or compensation of any type by the Service Recipient for the collection or processing of such materials.

B. Collection of grease wastes from grease traps or grease interceptors.

C. Collection of horse manure from residences or non-residential properties.

D. Collection of Hazardous Materials.

E. Collection of Non-Hazardous Materials that is greater than fifty percent (50%) liquid (including septic tank pumpings, and other liquid wastes).

F. Recyclable beverage containers delivered for Recycling by Service Recipients under the California Beverage Container Recycling Litter Reduction Act, Section 14500 et seq.

California Public Resources Code.

G. By-products of sewage treatment including sludge, sludge ash, grit, and screenings.

H. Hazardous Waste, Household Hazardous Waste, and infectious waste.

I. Source separated E-Scrap and Universal Waste.

J. Organic Materials composted at Residential Service Recipient and Non-Residential Service Recipient Premises.

K. Materials generated by State facilities (including public schools), provided that the generator has arranged services with other persons or has arranged services with the Franchisee through a separate agreement.

L. Organic Materials removed from a premise by a gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that company rather than as a hauling service where no Debris Box Containers are used for the collection and transportation of such materials.

M. Bulky Goods removed from a premise by a property management or maintenance company as an incidental part of the total cleanup or maintenance service offered by the company rather than as a hauling service, where no Debris Box Containers are used for the collection and transportation of such Bulky Goods.

N. Garbage, Recyclable Materials, Organic Waste, Bulky Goods, and Construction and Demolition Debris collected in a Debris Box Container prior to January 1, 2026.

O. Construction and Demolition Debris that is self-hauled by Service Recipients in compliance with Atherton Municipal Code Sections 18.02.050 and 18.02.190.

P. Construction and Demolition Debris that is removed from a premise by a construction and/or demolition company in scheduled dump trucks and where no Debris Box Containers are used for the collection and transportation of such materials.

Q. Construction and Demolition Debris that is comprised of roof tear-off debris and that is removed from a premise by a roofing company using Debris Box Containers that are owned by the roofing company for the collection and transportation of such materials.

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