(a) No provision of this chapter shall prevent a commercial/industrial business owner from selling to a buyer, for monetary or other valuable consideration, any source separated recyclable materials, including, without limitation, any saleable scrap, discard, reject, byproduct, ferrous or nonferrous metal, worn out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a commercial/industrial premises or business, and no longer useful to such commercial/industrial business owner but having market value, whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials; provided, however, that such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station (as defined in Public Resources Code Section 40200). “Source separated recyclable materials,” within the meaning of this article, shall mean recyclable materials separated on a commercial/industrial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal amounts of solid waste, and having a market value.

(b) No provision of this chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials and which is not engaged in the business of collecting solid waste or providing solid waste collection services for a fee or other charge or consideration from buying any materials referenced in this subsection (1) for monetary or other valuable consideration, and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200); nor shall any provision of this chapter prevent such recycler, junk dealer or enterprise which buys such materials from removing and transporting such materials to a destination for marketing. No such buyer shall buy or transport such materials without prior authorization from the city, as required by this code, whether in the form of a business license, a business permit, or a collection agreement.