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HomeMy WebLinkAboutReso 1992-16484 RESOLUTION NO. 16484 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MANDATORY RECYCLING ORDINANCE PROMOTIONAL ENFORCEMENT, ADOPTING COUNCIL POLICY AND APPROPRIATING FUNDS THEREFOR WHEREAS, in March of 1988 the County Board of Supervisors directed that the County's solid waste ordinance be rewritten by July 1, 1991 to institute mandatory recycling if a 304 reduction in the amount of wastes 9oing to County landfills was not achieved by that date; and WHEREAS, by the spring of 1991 only a 174 reduction had been achieved and consequently, on June 11, 1991, with the pending closure of the San Marcos landfill, the Board of Supervisors adopted a Mandatory Recycling Ordinance; and WHEREAS, the County's ordinance prohibits designated recyclables from being disposed at County owned landfills under a phased implementation schedule and all cities in the County are required to adopt and enforce a mandatory recycling ordinance, or the County will conduct load checks on refuse vehicles enterin9 the landfills and assess surcharges on vehicles found to contain recyclables; and WHEREAS, as proposed, the ordinance would meet the requirements of the County's mandatory recycling ordinance and add new definitions of refuse to the Chula Vista Municipal Code to reflect the current situation of integrated solid waste management; and WHEREAS, the Conservation Coordinator recommends the use of the Waste Management Trust Fund to subsidize printing and distribution of promotional and enforcement materials to assist with the initial implementation of the proposed ordinance; and WHEREAS, staff's aim has been to design a fair and effective mandatory recycling enforcement program that primarily relies on voluntary compliance through public education; and WHEREAS, the enforcement program will seek to identify and communicate directly with individual residents, businesses, and industries that do not voluntarily comply with the provisions in Chapter 8.25 with warning stickers would be left at the premises of those violating the ordinance, during the first three months of the implementation schedule; and WHEREAS, residents and businesses that continue to violate the ordinance would then receive several letters of warnin9 and potentially a site visit prior to any fines being assessed; and WHEREAS, staff has developed a program that they believe will be effective and that reflects the most efficient and cost effective means of enforcement; and WHEREAS, Attachment A sets forth the Council Policy on Mandatory Recycling Procedures and Enforcement; and Resolution 16484 Page 2 WHEREAS, it is necessary to appropriate $12,715 to cover the costs involved in the Mandatory Recycling Ordinance Promotional and Enforcement Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Mandatory Recycling ordinance Promotional and Enforcement Program and adopt the Council Policy set forth in Attachment A. BE IT FURTHER RESOLVED that the sum of $12,715 is hereby appropriated from the unappropriated balance of Fund 270 Waste Management Trust Fund and transferred into the following accounts: $9,200 to Account 100-0220-5201 $3,370 to Account 100-0220-5212 $ 145 to Account 100-0220-5218 A~~~.s~f by Presented by App \ Athena Bradley Bruce M. B ogaa , Attorney Conservation Coordinator Resolution 16484 Page 3 ATTACHMENT A COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Mandatory Recycling Procedures and POLICY EpI~'ECTIVE Enforcement NTIMBER DATE PAGE lof4 ADOPTED BY: Resolution No. 16484 I DATED: 01/28/92 BACKGROUND The City Council recognizes the importance of preserving limited and increasingly valuable landfill capacity, conserving natural resources, and protecting the environment. Conventional methods of solid waste disposal such as landfilling have become increasingly problematical for a variety of reasons relating to cost, land availability, environmental protection, and citizen opposition. Through integrated solid waste management, which includes recycling, source reduction, composting, alternative technologies, and proper disposal of hazardous materials, the City has the potential to divert significant amounts of waste from landfill disposal and protect the long-term health of citizens. Integrated solid waste management can contribute significantly to achieving the environmental goals of the City and has the potential to reduce the financial, environmental, and community burden of solid waste disposal. State law requires each local government to reduce 25 percent of its solid waste by January 1, 1995, and 50 percent of its waste by January 1, 2000. The County of San Diego Board of Supervisors in June, 1991 adopted a Mandatory Recycling Ordinance that will prohibit designated recyclables from being disposed at County0owed landfills under a phased schedule. The State and County also prohibit illegal disposal of hazardous waste, which is defined as either ignitable, toxic, corrosive, or reactive. Experience and data from communities across the country have shown that mandating source separation of refuse into recyclables and non-recyclable materials, greatly increases the level of citizen and business and industrial participation in municipal recycling and waste reduction programs. Citizen and business participation in the City's recycling programs will also be enhanced by its implementation of a comprehensive public information campaign regarding the purpose, procedures, and requirements of the City's recycling effort. PURPOSE Because of the necessary procedures required to enforce the City's Mandatory Recycling Ordinance, it is important that fair and effective methods of enforcement be developed and supported by the City elected officials, administrators, planners, and the general public. The purpose of this policy is to express the City's commitment to enforcing its Mandatory Recycling Ordinance. Resolution 16484 Page 4 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Mandatory Recycling Procedures and POLICY FJsI~ECHVE Enforcement NUMBER DATE PAGE 2 of 4 ADOPTED BY: Resolution No. 16484 [ DATED: 01/28/92 POLICY The City Council establishes the following policy concerning the Mandatory Recycling Ordinance: l. Primary Emphasis on Public Education It is the policy of the City that enforcement of mandatory recycling place primary emphasis on promotional material development that clearly explains the need to recycle, compost, and otherwise reduce our waste disposed at landfills. The City Council feels that through proper and Citywide promotion, education, and information distribution; residents and commercial establishments in the City will, for the most part, comply with the City's Mandatory Recycling Ordinance. Additionally, citizen, business, and industrial participation in forums, training, meetings, and other means will be encouraged to foster greater awareness of, and compliance in, the City's recycling programs. 2. Goal is to Achieve Voluntary Compliance Voluntary compliance with the City's recycling programs will be sought through a wide ranging program of public education, promotional materials, media coverage, forums, civic, and business association involvement, and other means. The City's enforcement program seeks to identify and communicate with individual residents, businesses, and industries that do not voluntarily comply with the Mandatory Recycling Ordinance. The City's general goal in enforcement is to obtain compliance with the regulatory provisions contained in Chapter 8.25. 3. Method of Voluntary Compliance and Enforcement The City's mandatory recycling program involves, first and primarily, gaining compliance through voluntary means, to be followed by warning notification methods, and only if non-compliance continues, to then carry out any necessary enforcement. Steps are as follows: Resolution 16484 Page 5 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Mandatory Recycling Procedures and POLICY EP'I~ECTIVE Enforcement NUMBER DATE PAGE 3 of 4 ADOPTED BY: Resolution No. 16484 [ DATED: 01/28/92 Step 1: The City and its refuse collector shall develop and distribute educational and promotional materials regarding the Mandatory Recycling Ordinance beginning approximately one-to-two months prior to the first date of the implementation schedule for each sector (single family, multi-family, industrial, and commercial). Materials shall consist of fliers or door hangers, press releases, and any other materials designed to promote recycling and waste reduction; describe the designated recyclables; and ways to recycle in the City. Materials will also explain why the City is taking this action (e.g., State and County law, to assist in regional solid waste solutions, and long term health of Chula Vista's environment and citizen well being). Step 2: During the first month after the initial date of the implementation schedule for each sector, the refuse collector shall leave a notice of violation for failure to comply with the ordinance with any residential, commercial, or industrial waste generator not complying with the ordinance. The warning shall describe the potential penalties for non compliance and convey information contained on the promotional materials. Stickers will be utilized to convey the notice of violation; to be placed on refuse contained (the actual adhesive part of the notice will be approximately one inch wide to allow for temporary adherence to the refuse receptacle without leaving permanent marking). Step 3: During the second month following the initial enforcement of the ordinance, Step 2 above shall continue. Step 4: In the third month following the initial enforcement of the ordinance, Step 3 above shall continue. Step 5: Beginning in the fourth month of the Mandatory Recycling Ordinance implementation schedule, all violators will receive violation notification as described above with a modification to allow for Code Enforcement staff and Conservation Coordinator to begin tracking noncompliance. The refuse collector will leave the notice, then forward to refuse collection dispatch the violator's address. This record will then be submitted to Code Enforcement on a regular basis and entered into the Building and Housing Department Complaint tracking system. Resolution 16484 Page 6 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Mandatory Recycling Procedures and POLICY E~FECI1VE Enforcement NUMBER DATE PAGE 4 of 4 ADOPTED BY: Resolution No. 16484 I DATED: 01/28/92 CODE ENFORCEMENT ACI1ON First Action: A letter from the City Manager, Conservation Coordinator, Senior Code Enforcement Office, or other designated individual(s) describing the need to recycle, the Mandatory Recycling Ordinance, and the potential penalties for non-compliance. Second Action: Same as first action. Third Action: If non-compliance continues, a letter from the City Attorney stating that continued non- compliance will result in criminal prosecution and potential imposition of fines. Fourth Action: Criminal prosecution (Court summons) for continued violation. Resolution 16484 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of January, 1992 by the following vote: AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, and Mayor Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly~A. Aut~elet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, doe hereby certify that the foregoing Resolution No. 16484 was duly passed, approved, and adopted by the City Council held on the 28th day of January, 1992. Executed this 28th day of January, 1992. Beverly A. Authelet, City Clerk