of Handy-Can of Berkeley's Non-Exclusive Rubbish Hauling Franchise
June 27, 2000, the Council of the City of Berkeley enacted Ordinance No.
6564-N.S. granting a non-exclusive rubbish hauling franchise to Handy
Can of Berkeley. At its meeting on April 8, 2003, the Berkeley City
Council will hold a public hearing on the subject of repealing Ordinance
6564-N.S., thereby terminating Handy Can of Berkeley’s franchise.
9.60 of Berkeley Municipal Code (BMC) allows private companies to
collect and haul rubbish generated in Berkeley if the City Council
enacts an ordinance granting the company a franchise, and if the company
completes a franchise agreement with the City.
The franchise agreement requires companies to report the amount
of material they collect, pay 26% of their revenue from hauling rubbish,
keep records and obey City health and safety codes.
Section 9.60.250.E states that the City can terminate a
non-exclusive rubbish hauling franchise after a public hearing.
Can of Berkeley is in violation of the franchise ordinance because it
did not complete the required franchise agreement, maintain a Berkeley
business license, submit reports or pay franchise fees.
It has continued to collect rubbish from a few Berkeley
customers, in violation of BMC Chapter 9.60.
Handy Can has not responded to certified letters and other
attempts to communicate with it about this problem.
Handy Can of Berkeley’s franchise will not significantly reduce the
public’s options for refuse
collection. Four other
companies currently have valid franchises to collect rubbish in
Department of Public Works also provides comprehensive refuse collection
and recycling service to Berkeley residents and businesses.
further information, call Tania Levy, Solid Waste Division, at